Acts and resolutions of the General Assembly of the state of Georgia 1979 [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 19790000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1979 19790000 Compiled and Published by Authority of The State

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TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References iii Bills and ResolutionsAct Number References ix Acts and Resolutions of General Application 3 Resolutions Proposing Amendments to the Constitution 1787 Vetoes by the Governor, 1979 Session 1857 The Constitution of the State of Georgia of 1976 1861 Map of Counties 1961 Appellate CourtsPersonnel 1962 Superior CourtsPersonnel and Calendars 1964 IndexTabular 1974 IndexGeneral 1983 Population of Georgia CountiesAlphabetically 2037 Population of Georgia CountiesNumerically 2040 Georgia Senators, Alphabetically by County 2042 Georgia Senators, Alphabetically by Name 2044 Georgia Senators, Numerically by District 2047 Georgia Representatives, Alphabetically by County 2049 Georgia Representatives, Alphabetically by Name 2051 Georgia Representatives, Numerically by District 2059 Status of Referendum Elections for the Years 1953-1978 2067 Proclamations 2143 VOLUME TWO Acts by NumbersPage References iii Bills and ResolutionsAct Number References ix Acts and Resolutions of Local Application 3001 County Home Rule Actions 4707 Municipal Home Rule Actions 4715 Vetoes by the Governor, 1979 Session 4957 The Constitution of the State of Georgia of 1976 4961 Map of Counties 5061 Appellate CourtsPersonnel 5062 Superior CourtsPersonnel and Calendars 5064 IndexTabular 5074 IndexGeneral 5083 Population of Georgia CountiesAlphabetically 5137 Population of Georgia CountiesNumerically 5140 Georgia Senators, Alphabetically by County 5142 Georgia Senators, Alphabetically by Name 5144 Georgia Senators, Numerically by District 5147 Georgia Representatives, Alphabetically by County 5149 Georgia Representatives, Alphabetically by Name 5151 Georgia Representatives, Numerically by District 5159 Status of Referendum Elections for the Years 1953-1978 5167 Proclamations 5243

Compiler's Note General Acts and Resolutions of the 1979 Session are grouped in Volume One beginning at page 1. Proposed amendments to the Constitution are grouped together beginning at page 1787 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 1978 are printed in Volume Two beginning on page 4715. Home Rule Actions by Counties filed in the office of the Secretary of State during 1978 are printed in Volume Two beginning on page 4707. There are no numbered pages between 2173 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.

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ACTS BY NUMBERS, PAGE REFERENCES. 1 3 2 5 3 3003 4 3006 5 3008 6 3010 7 3012 8 131 9 132 10 3022 11 3025 12 3029 13 3031 14 142 15 3041 16 3044 17 3047 18 3050 19 3052 20 143 21 3056 22 3058 23 144 24 3060 25 345 26 3062 27 3065 28 3068 29 3071 30 3083 31 3085 32 349 33 351 34 352 35 3086 36 355 37 357 38 3089 39 364 40 367 41 3106 42 376 43 3109 44 3113 45 3119 46 3121 47 378 48 380 49 382 50 385 51 388 52 389 53 391 54 392 55 393 56 394 57 399 58 3131 59 401 60 411 61 412 62 413 63 415 64 418 65 420 66 3134 67 3137 68 3140 69 3142 70 3145 71 3148 72 3151 73 427 74 430 75 435 76 3159 77 3161 78 3162 79 3164 80 3166 81 3168 82 3169 83 3172 84 439 85 446 86 466 87 502 88 3173 89 3175 90 3177 91 3191 92 3194 93 3206 94 3211 95 503 96 3214 97 3218 98 3222 99 3238 100 3240 101 3243 102 3246 103 3248 104 3250 105 3253 106 3255 107 3257 108 3259 109 3261 110 3263 111 504 112 3265 113 3267 114 3269 115 3271 116 3273 117 3278 118 3280 119 3282 120 3285 121 3288 122 3302

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123 3373 124 3375 125 3377 126 3378 127 3394 128 3396 129 3398 130 3400 131 3402 132 3404 133 3421 134 3437 135 507 136 3452 137 3454 138 3456 139 3458 140 510 141 3458 142 3461 143 3467 144 3472 145 3473 146 3475 147 3478 148 3481 149 3486 150 3488 151 3490 152 3496 153 3499 154 3527 155 3539 156 513 157 3550 158 3554 159 3555 160 3557 161 3560 162 3563 163 3565 164 3568 165 3602 166 3604 167 3606 168 3611 169 3613 170 3616 171 3618 172 3620 173 3623 174 3625 175 3627 176 3629 177 3630 178 3632 179 3633 180 3635 181 3637 182 3639 183 3640 184 3642 185 3645 186 3649 187 3651 188 3654 189 3656 190 3661 191 3663 192 3665 193 3668 194 514 195 3670 196 3672 197 3675 198 3677 199 3679 200 516 201 518 202 3681 203 3683 204 3686 205 3690 206 3696 207 3707 208 3709 209 3716 210 3733 211 519 212 3735 213 3737 214 3742 215 3743 216 3746 217 3749 218 3753 219 3755 220 3757 221 3758 222 3769 223 3770 224 3816 225 3819 226 3822 227 3824 228 3828 229 3838 230 3844 231 3848 232 3851 233 3854 234 3858 235 3860 236 3863 237 3865 238 521 239 3867 240 3869 241 3872 242 3881 243 3911 244 3914 245 3918 246 3921 247 3924 248 3927

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249 3931 250 3934 251 3938 252 3953 253 3956 254 3959 255 3963 256 3966 257 3969 258 523 259 3971 260 3974 261 3977 262 3980 263 3983 264 3984 265 3986 266 3988 267 3990 268 529 269 3994 270 3998 271 4001 272 4004 273 4006 274 4009 275 4012 276 4014 277 4018 278 4024 279 4026 280 4030 281 4032 282 4034 283 4037 284 4045 285 4047 286 4050 287 4051 288 4054 289 4056 290 4060 291 4062 292 4064 293 4066 294 4077 295 4087 296 4089 297 4091 298 4094 299 4097 300 530 301 4101 302 4106 303 4109 304 4113 305 4116 306 4120 307 4123 308 4126 309 4129 310 4131 311 4135 312 4138 313 4141 314 4144 315 4147 316 4153 317 4155 318 4157 319 536 320 4159 321 4162 322 4165 323 4169 324 4172 325 4175 326 4185 327 4186 328 4189 329 4195 330 4196 331 4197 332 4200 333 4203 334 4206 335 4208 336 4239 337 4242 338 4245 339 4278 340 4281 341 4284 342 4287 343 4291 344 4294 345 4296 346 4299 347 4301 348 4305 349 4308 350 4311 351 4313 352 4315 353 4317 354 4319 355 4322 356 537 357 4332 358 4335 359 4342 360 4344 361 4346 362 4347 363 4350 364 4354 365 4356 366 4359 367 4362 368 4365 369 4368 370 4370 371 4373 372 4376 373 538 374 4379

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375 4384 376 4388 377 4390 378 4423 379 4425 380 4427 381 4429 382 4431 383 4442 384 4447 385 4454 386 4456 387 4457 388 4460 389 4462 390 4464 391 4466 392 4469 393 4481 394 4483 395 4486 396 4488 397 4492 398 4495 399 4499 400 4502 401 4506 402 541 403 4511 404 4513 405 4515 406 4532 407 4539 408 4541 409 4541 410 4545 411 4550 412 4555 413 4557 414 4559 415 4562 416 4573 417 4574 418 4586 419 578 420 4589 421 4591 422 4593 423 4629 424 584 425 4643 426 591 427 592 428 594 429 596 430 601 431 602 432 610 433 612 434 613 435 615 436 617 437 618 438 619 439 623 440 624 441 626 442 628 443 629 444 631 445 633 446 635 447 636 448 637 449 639 450 642 451 643 452 645 453 649 454 651 455 652 456 654 457 655 458 657 459 659 460 663 461 665 462 667 463 672 464 674 465 676 466 677 467 678 468 723 469 734 470 744 471 756 472 759 473 761 474 763 475 764 476 765 477 766 478 768 479 769 480 771 481 774 482 775 483 776 484 778 485 780 486 786 487 789 488 795 489 797 490 798 491 800 492 803 493 804 494 806 495 814 496 816 497 821 498 823 499 824 500 826

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501 828 502 830 503 831 504 833 505 834 506 843 507 846 508 848 509 849 510 850 511 853 512 859 513 872 514 875 515 876 516 879 517 882 518 884 519 886 520 887 521 888 522 891 523 893 524 901 525 902 526 904 527 906 528 918 529 919 530 922 531 923 532 924 533 926 534 929 535 930 536 931 537 933 538 935 539 938 540 941 541 943 542 945 543 948 544 950 545 951 546 953 547 954 548 955 549 960 550 962 551 963 552 964 553 967 554 968 555 970 556 971 557 973 558 981 559 988 560 994 561 997 562 1001 563 1004 564 1006 565 1007 566 1010 567 1011 568 1012 569 1014 570 1015 571 1017 572 1019 573 1020 574 1022 575 1023 576 1025 577 1027 578 1028 579 1032 580 1035 581 1037 582 1038 583 1041 584 1042 585 1047 586 1048 587 1049 588 1051 589 1053 590 1055 591 1056 592 1059 593 1062 594 1063 595 1065 596 1068 597 1069 598 1071 599 1072 600 1075 601 1076 602 1077 603 1078 604 1080 605 1081 606 1084 607 1086 608 1091 609 1095 610 1107 611 1108 612 1109 613 1127 614 1148 615 1173 616 1177 617 1178 618 1179 619 1182 620 1196 621 1203 622 1213 623 4634 624 1233 625 1234 626 1240

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627 1248 628 1250 629 4650 630 1255 631 1258 632 1259 633 1261 634 1262 635 1265 636 1266 637 1268 638 1272 639 1274 640 1278 641 1279 642 1281 643 1283 644 1284 645 4658 646 1286 647 1289 648 1290 649 1292 650 1293 651 1295 652 1296 653 1302 654 1305 655 1312 656 1316 657 4660 658 1318 659 1320 660 1321 661 1323 662 1325 663 4662 664 1327 665 1400 666 1404 667 1407 668 4698 669 1427 670 1612 671 1625 672 1637 RESOLUTIONS BY NUMBER 1 129 2 138 3 498 4 500 5 546 6 549 7 556 8 559 9 561 10 563 11 565 12 567 13 569 14 571 15 573 16 575 17 1788 18 1790 19 1792 20 1793 21 1796 22 1797 23 1801 24 1802 25 1805 26 1806 27 1808 28 1810 29 1812 30 1815 31 1817 32 1819 33 1822 34 1825 35 1828 36 1830 37 1832 38 1839 39 1841 40 1843 41 1844 42 1846 43 1849 44 1852 45 1854 46 1339 47 1363 48 1365 49 4683 50 1366 51 1367 52 4684 53 4685 54 4686 55 4687 56 4688 57 1369 58 4689 59 4690 60 1371 61 4691 62 4692 63 1372 64 4693 65 1373 66 4694 67 1374 68 1377

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69 4695 70 1381 71 1382 72 1386 73 4696 74 4697 75 4698 76 1387 77 1388 78 1390 79 1393 80 1397 81 1423 82 1425 83 4701 BILLS AND RESOLUTIONSACT NUMBER REFERENCES 1 1 3 2 4 484 7 497 8 52 9 498 10 53 12 20 13 54 14 60 15 499 18 500 24 501 31 630 32 55 37 502 43 503 45 504 55 505 58 506 60 507 65 508 67 509 68 4 69 5 70 510 73 511 75 512 79 156 80 513 81 514 95 562 100 515 101 516 102 517 105 518 106 57 107 61 108 62 110 157 113 10 120 519 121 520 124 39 125 521 128 524 130 21 131 22 132 525 133 23 134 669 138 526 142 527 143 158 145 528 146 11 151 529 155 530 161 531 164 532 165 659 168 533 170 617 172 534 173 660 175 535 182 536 183 661 185 40 187 631 188 537 190 538 192 539 193 540 196 12 198 541 199 542 200 543 202 544 203 545 204 546 205 547 207 618 208 619 212 548 213 549 214 550 215 551 217 552 218 553 219 554 221 555 222 63 229 159

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230 3 231 556 234 557 236 160 238 161 239 670 240 558 241 162 242 163 243 42 244 559 246 560 247 74 249 561 251 563 252 Vetoed 255 564 257 24 262 164 263 27 264 43 265 565 269 566 271 165 276 567 278 632 281 85 287 568 288 569 291 570 292 571 293 166 295 572 296 573 298 574 302 167 303 620 304 168 312 575 314 621 322 32 323 13 324 33 325 576 328 169 329 170 330 171 331 172 332 173 333 174 334 175 335 176 336 177 337 178 338 179 339 180 340 181 342 577 343 578 349 579 350 580 351 581 352 14 356 582 357 182 359 183 360 184 362 658 367 633 368 583 375 584 376 672 378 585 379 586 381 587 382 7 385 588 399 185 400 28 401 186 402 187 403 188 408 189 409 634 410 589 412 590 414 64 419 591 420 592 421 190 422 191 423 192 424 622 429 593 430 594 433 Vetoed 436 193 437 194 438 662 439 195 440 196 441 197 442 198 443 199 449 200 450 595 453 Vetoed 455 34 456 467 460 596 462 201 464 202 465 94 466 203 467 56 470 204 471 597 473 205 477 598 478 206

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480 65 481 8 482 207 484 208 485 209 486 210 487 211 489 212 490 44 491 213 494 663 496 522 498 6 503 599 504 214 505 600 506 215 507 216 508 601 509 602 512 603 513 15 514 16 515 623 516 604 517 217 518 605 519 218 520 29 522 219 524 17 526 220 527 221 528 222 529 30 530 624 532 223 533 224 536 606 538 225 541 607 543 18 544 608 545 75 546 226 548 84 549 89 550 88 551 227 554 19 555 228 557 229 558 609 559 230 560 610 565 664 566 231 567 232 568 668 569 611 574 233 575 234 576 235 577 236 580 635 582 636 585 237 592 426 593 99 600 671 601 238 622 637 624 239 625 240 626 638 627 241 628 58 631 242 633 639 634 640 636 243 637 244 638 245 639 246 640 247 641 248 642 249 643 250 645 251 647 252 648 253 654 31 659 76 660 77 661 78 662 79 663 80 664 81 665 254 666 255 667 256 668 257 669 258 670 Vetoed 671 641 673 642 676 259 677 260 678 261 679 262 680 35 681 66 682 67 683 68 684 69 685 70 686 71 687 72 691 625 693 263

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694 264 695 265 700 643 703 Vetoed 705 644 710 266 712 45 713 645 719 267 720 268 721 269 722 270 724 271 725 272 726 273 727 274 728 275 729 95 731 90 732 276 733 277 734 278 735 279 736 280 737 281 738 282 740 283 742 284 743 285 744 646 745 286 746 647 751 748 752 287 753 626 766 288 770 649 771 91 774 650 779 651 783 652 788 653 789 100 790 667 792 289 795 654 798 290 800 291 801 292 804 293 805 294 806 295 810 296 811 297 812 655 818 298 819 299 820 300 821 656 822 301 823 302 824 303 825 304 827 305 828 306 830 307 832 308 833 309 834 310 837 311 838 312 839 96 840 313 843 314 844 101 847 315 848 316 850 317 851 318 852 319 853 320 854 321 855 322 857 323 858 324 859 325 863 326 864 327 865 328 867 329 868 330 870 331 871 332 872 333 876 334 877 335 878 336 880 337 881 338 882 339 883 340 884 341 888 342 889 343 890 344 891 345 892 346 893 347 896 348 897 349 899 350 900 351 901 352 902 657 903 353 905 354 907 355 910 356 912 357 913 358

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916 359 917 360 918 361 921 362 923 363 925 364 926 365 927 366 928 367 930 368 931 369 932 370 933 371 934 372 935 373 936 374 937 375 938 376 941 377 942 378 943 379 944 380 945 381 946 382 947 383 948 384 949 385 950 386 951 387 953 388 954 389 955 390 956 92 964 391 965 392 966 93 968 393 969 394 970 395 971 396 973 397 974 398 975 399 977 97 978 400 979 401 980 402 981 403 982 404 983 405 991 406 992 407 993 408 996 409 998 410 999 411 1001 412 1002 413 1003 414 1004 415 1005 416 1006 82 1007 83 1009 417 1011 418 1013 419 1016 420 1017 421 1018 422 1022 423 1023 98 1024 424 1026 425 1 25 3 427 5 428 7 429 13 9 14 627 15 628 18 86 20 46 21 102 22 430 24 431 26 432 28 47 29 433 32 48 33 49 35 50 36 434 37 51 38 435 40 612 41 436 45 437 46 73 59 438 61 439 63 665 65 440 66 59 67 441 69 442 71 613 75 443 76 444 77 445 79 446 82 447 83 666 98 448 99 121 102 449 107 450 111 103

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112 451 126 452 128 453 129 454 132 455 133 36 134 37 135 456 136 457 138 458 139 459 141 460 143 461 146 462 147 463 148 464 149 465 151 104 152 105 153 106 154 107 155 108 156 466 162 614 163 468 164 469 165 470 166 471 170 109 173 110 174 472 175 473 176 475 177 474 178 111 180 112 181 113 184 87 185 629 186 476 187 26 195 615 196 477 197 478 198 114 199 115 204 479 206 523 207 480 210 116 211 117 212 481 215 41 216 118 222 482 226 119 227 120 228 483 229 123 231 485 233 486 234 616 235 487 238 124 239 125 242 488 243 489 251 126 253 490 256 491 257 127 258 492 259 128 260 129 261 130 262 131 263 122 264 38 265 132 266 133 275 134 276 493 277 494 283 137 287 135 292 136 294 495 299 496 301 138 302 139 303 140 304 141 305 142 306 143 309 144 310 145 311 146 312 147 313 148 316 149 317 150 318 151 320 152 321 153 322 154 323 155 9-35 21 10-35 22 11-35 23 13-35 49 16-40 24 20-75 50 21-75 25 23-83 26 36-100 51 37-121 27 38-121 28 39-121 29 42-124 8 43-124 52 50-193 53

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51-193 30 52-193 54 55-193 9 62-230 55 63-230 56 66-230 16 74-290 10 76-290 11 77-311 57 78-311 12 80-311 58 91-324 59 93-355 60 109-414 61 118-476 31 120-500 62 123-510 13 125-510 63 127-510 32 128-510 33 129-510 34 130-510 35 145-516 64 146-516 82 147-520 2 148-522 36 149-540 65 151-551 14 158-579 15 161-635 66 162-650 67 163-650 37 164-650 38 167-706 68 169-706 69 171-710 70 172-711 71 177-720 83 178-720 72 200-770 73 205-794 74 206-803 75 207-803 76 208-803 77 214-813 78 230-819 39 239-848 40 240-858 79 241-859 41 245-865 80 256-969 42 283-997 43 284-998 44 298-1009 45 10 17 18 18 19 1 21 5 31 81 36 19 90 46 94 47 101 48 118 6 123 7 133 20 155 3 156 4

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1979 Compiled and Published by Authority of The State

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1979 JURIES. Code Section 59-106 Amended. No. 1 (House Bill No. 1). 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 3, 1978 (Ga. Laws 1978, p. 1611), so as to change the provisions relating to the selection of persons for inclusion on jury lists; 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 59-106, relating to the revision of jury lists and the selection of grand and traverse jurors, as amended, particularly by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1611), is hereby amended by striking therefrom the following: of at least 50%, so that when so amended Code Section 59-106 shall read as follows:

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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 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, 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,

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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. 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, 1979. GEORGIA PUBLIC REVENUE CODE AMENDED. Code Title 91A Amended. No. 2 (House Bill No. 3). AN ACT To revise, modernize, and update certain revenue laws and laws relating to the raising and expenditure of public revenues in this

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State; to provide legislative intent; to amend Code Title 91A, known as the Georgia Public Revenue Code, so as to provide for necessary or appropriate revisions, modernizations, and updates respecting, but not limited to, definitions, administrative provisions, the Department of Revenue, the officers and employees of the Department of Revenue, penalties, fees, interest payments, refunds, tax liens, appeals, ad valorem property taxes, property tax exemptions, county taxation, county tax officials and administrative provisions, property tax administration and equalization, municipal taxation, ad valorem taxation of motor vehicles and mobile homes, ad valorem taxation of public utilities, real estate transfer taxes, intangible personal property taxes, intangible recording taxes, taxation of financial institutions, income and net worth taxes, sales and use taxes, motor fuel and road taxes, motor vehicle license fees, grants and special disbursements, criminal provisions, and other matters contained in Code Title 91A; to amend 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, approved March 6, 1978 (Ga. Laws 1978, p. 309), so as to provide for transition to Code Title 91A, known as the Georgia Public Revenue Code; to repeal certain specific Acts; to provide for severability; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Legislative intent. (a) The General Assembly intends, by the passage of this Act, to continue the reorganization and revision of the Georgia Public Revenue Code begun by the enactment of Code Title 91A by the 1978 Regular Session of the General Assembly. It is recognized that, with any recodification encompassing the scope of Title 91A, a thorough review must be undertaken to insure the integrity of the new law, to correct errors and omissions, and to incorporate laws into the new Code which were enacted during the 1978 Regular Session of the General Assembly. This Act is the culmination of such a review by the General Assembly. (b) It is the further intent of the General Assembly, in the event Acts, other than this Act, are enacted to amend Code Title 91A

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during the 1979 Regular Session of the General Assembly, that such Acts and this Act be construed, whenever possible, to be without conflict. In the event such a construction is not possible, it is the intent of the General Assembly that the Act last approved by the Governor shall prevail to the extent of the conflict. Section 2. Code Title 91A, known as the Georgia Public Revenue Code, is hereby amended by adding a new sentence at the end of subsection (w) of Code Section 91A-102, relating to definitions used for purposes of Title 91A, to read as follows: The provisions of this subsection shall not apply with respect to Part V of this Title, relating to sales and use taxation., so that when so amended subsection (w) of Code Section 91A-102 shall read as follows: (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. The provisions of this subsection shall not apply with respect to Part V of this Title, relating to sales and use taxation. Section 3. Said Code Title is further amended by striking in its entirety Code Section 91A-105, relating to existing actions and violations, which reads as follows: 91A-105. Existing actions and violations. Repeal by this Title of any law shall not affect or abate any right accrued or vested, any 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. Section 4. Said Code Title is further amended by adding a new sentence at the end of Code Section 91A-201, relating to the creation of the Department of Revenue, to read as follows: The official and legal office of the Department and of the Commissioner shall be in Fulton County.,

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so that when so amended Code Section 91A-201 shall read as follows: 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. The official and legal office of the Department and of the Commissioner shall be in Fulton County. Section 5. Said Code Title is further amended by adding a new paragraph at the end of subsection (e) of Code Section 91A-205, relating to the Deputy State Revenue Commissioner, to be designated paragraph (7), to read as follows: (7) Execute all documents and papers necessary in the performance of his or the Commissioner's duties or the exercise of his authority or the authority of the Commissioner which has been delegated to him in writing., so that when so amended subsection (e) of Code Section 91A-205 shall read as follows: (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.

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(7) Execute all documents and papers necessary in the performance of his or the Commissioner's duties or the exercise of his authority or the authority of the Commissioner which has been delegated to him in writing. Section 6. Said Code Title is further amended by striking in its entirety subsection (a) of Code Section 91A-207, relating to duties of the State Revenue Commissioner, and substituting in lieu thereof a new subsection (a) to read as follows: (a) The Commissioner shall: (1) Direc 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) Supervise all tax administration throughout the State, subject to the sovereign rights of the counties to regulate their own affairs. (3) Assist local tax officials in every feasible manner when so requested by the local tax officials. (4) 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. (5) 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. Section 6A. Said Code Title is further amended by striking in its entirety subsection (d) of Code Section 91A-207, relating to duties of the State Revenue Commissioner, and substituting in lieu thereof a new subsection (d), to read as follows: (d) No provision of this Chapter shall be construed so as to give the Commissioner any power to:

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(1) Make assessments for ad valorem taxation or to collect such assessments from any taxpayer, except as is specifically provided for 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. Section 7. Said Code Title is further amended by striking in its entirety subsection (a) of Code Section 91A-211, relating to certain powers of the State Revenue Commissioner, and substituting in lieu thereof a new subsection (a), to read as follows: (a) In the performance of his duties, and in relation to any investigation or inquiry which the Commissioner is authorized to conduct, the Commissioner, or any agent designated by him in writing, may: (1) Administer oaths and take affidavits. (2) Conduct hearings. (3) Examine witnesses under oath. (4) Subpoena and require the attendance of witnesses and the production of books, papers, records, and documents and, subject to the rights of the taxpayer as to rights of privacy guaranteed to him by the Constitution and laws of the State, examine such items and 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 or knowledge pertinent to the investigation or inquiry. Section 8. Said Code Title is further amended by striking paragraph (5) of subsection (b) of Code Section 91A-212, relating to confidentiality, the words: dealers and dealer, and substituting in lieu thereof the words, respectively:

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distributors and distributor, so that when so amended paragraph (5) shall read as follows: (5) Apply to information, records, and reports required and obtained under Chapter 91A-50, which requires distributors in motor fuels to make reports of the amount of motor fuel sold and used in each county by the distributor. Section 9. Said Code Title is further amended by striking in its entirety subsection (c) of Code Section 91A-212, relating to confidentiality, and substituting in lieu thereof a new subsection (c), to read as follows: (c) The provisions of this Section shall not apply with respect to Part IV of this Title, relating to income taxation. Section 10. Said Code Title is further amended by adding a new Section after Code Section 91A-239, to be designated Code Section 91A-239.1, to read as follows: 91A-239.1. Penalty and interest on failure to file return or pay tax. In any instance in which any person willfully fails to file a report, return, or other information required by law, or to pay the Commissioner any revenue held in trust for the State, he shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 10 percent of the amount of revenue held in trust and not paid on at the time prescribed by law, together with interest on the principal amount at the annual rate of nine percent from the date the return or the revenue held in trust should have been remitted until it is paid. In any instance in which any person fails to pay a tax when the tax is due, he shall pay, in the absence of a specific statutory civil penalty for the failure, interest on the principal amount at the annual rate of nine percent from the date the tax becomes delinquent until it is paid. Section 11. Said Code Title is further amended by adding after the words from his in the last sentence of paragraph (1) of subsection (b) of Code Section 91A-245, relating to refunds, the words: or his,

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so that when so amended paragraph (1) of subsection (b) of Code Section 91A-245 shall read as follows: (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 or his counsel's discharge from the service. Section 12. Said Code Title is further amended by striking from subsection (c) of Code Section 91A-250, relating to taxes as a personal debt, the word: taxpayers, and substituting in lieu thereof the word: taxpayer, so that when so amended subsection (c) of Code Section 91A-250 shall read as follows: (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 taxpayer, 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. Section 13. Said Code Title is further amended by adding two new subsections at the end of Code Section 91A-252, relating to liens for taxes, to be designated subsections (f) and (g), to read as follows:

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(f) When real property located within this State is transferred between the date on which the tax lien on the property vests and the date on which the tax evidenced by the tax lien becomes due and payable, the tax lien on the transferred property shall not extend to cover any other real property of the transferor. (g) A person who is a dealer under the provisions of Part V of this Title, relating to sales and use taxation, shall be considered to be a taxpayer for the purposes of this Section with respect to any liability of the dealer for sales and use tax collections. Section 14. Said Code Title is further amended by striking from paragraph (2) of subsection (a) of Code Section 91A-255, relating to appeals from the State Revenue Commissioner, the words: sue for refund in, and substituting in lieu thereof the words: appeal to, so that when so amended paragraph (2) of subsection (a) of Code Section 91A-255 shall read as follows: (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 appeal to 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. Section 15. Said Code Title is further amended by striking from the last sentence of subsection (c) of Code Section 91A-255, relating to appeals from the State Revenue Commissioner, the word: any, and substituting in lieu thereof the word: all,

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so that when so amended subsection (c) of Code Section 91A-255 shall read as follows: (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 all taxes admittedly owed upon the due date or dates as now or hereafter provided by law. Section 16. Said Code Title is further amended by striking in its entirety Code Section 91A-256, relating to compromise settlement of suits, and substituting in lieu thereof a new Code Section 91A-256, to read as follows: 91A-256. Compromise settlements of suits; refund of certain penalties. (a) 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. (b) 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 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.

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(c) When any penalty is paid without the commencement of suit on the penalty and the Commissioner, within three 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 17. Said Code Title is further amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 91A-1001, relating to definitions used in ad valorem property tax provisions, and substituting in lieu thereof a new paragraph (1) to read as follows: (1) `Fair market value of property' means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property 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 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 taxpayer for the purpose of discovering such information. (A) 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. (B) The tax assessor shall consider the following criteria in determining the fair market value of real property: (i) Existing zoning of property; (ii) Existing use of property; (iii) Existing covenants or restrictions in deed dedicating the property to a particular use; or

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(iv) Any other factors deemed pertinent in arriving at fair market value. Section 18. Said Code Title is further amended by inserting in the first sentence of Code Section 91A-1002, relating to taxable property, after the word: leaseholds, the following: ,interests less than fee,, so that when so amended Code Section 91A-1002 shall read as follows: 91A-1002. Taxable property. All real property including, but not limited to, leaseholds, interests less than fee, 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. Section 19. Said Code Title is further amended by striking in its entirety Code Section 91A-1003, relating to taxation of an interest in or claim to land less than fee, which reads as follows: 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. Section 20. Said Code Title is further amended by striking in its entirety Code Section 91A-1004, relating to nonresident owners of property and their liability for taxation, which reads as follows: 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

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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. Section 21. Said Code Title is further amended by striking in its entirety the last sentence of Code Section 91A-1007, which last sentence reads as follows: 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., so that when so amended Code Section 91A-1007 shall read as follows: 91A-1007. Property to be returned at its fair market value. All property shall be returned for taxation at its fair market value. Section 22. Said Code Title is further amended by striking in its entirety Code Section 91A-1009, relating to property tax returns of nonresidents, and substituting in lieu thereof a new Code Section 91A-1009, to read as follows: 91A-1009. Returns of nonresidents. Unless otherwise provided by law, all real and personal property of nonresidents shall be returned for taxation to the tax commissioner or tax receiver of the county where the property is situated. Section 23. Said Code Title is further amended by striking in its entirety Code Section 91A-1010, relating to property tax returns of residents, and substituting in lieu thereof a new Code Section 91A-1010, to read as follows: 91A-1010. Returns of residents. Unless otherwise provided by law, all: (a) Real property of a resident shall be returned for taxation to the tax commissioner or tax receiver of the county where the property is situated.

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(b) Personal property of a resident individual shall be returned for taxation to the tax commissioner or tax receiver of the county where the individual maintains a permanent legal residence. Section 24. Said Code Title is further amended by adding a new subsection at the end of Code Section 91A-1013, relating to time for making tax returns, to be designated subsection (f), to read as follows: (f) In all counties having a population of not less than 10,450 and not more than 10,650, according to the 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 25. Said Code Title is further amended by striking in its entirety Code Section 91A-1017, relating to undervaluation of property, which reads as follows: 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

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incumbered and is in the hands of an innocent holder without notice. (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.

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Section 26. Said Code Title is further amended by striking in its entirety Code Section 91A-1019, relating to assessment of tangible property, and substituting in lieu thereof a new Code Section 91A-1019, to read as follows: 91A-1019. Assessment of tangible property. (a) Taxable 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) 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 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. Section 27. Said Code Title is further amended by striking in its entirety Code Section 91A-1026, relating to claim of right to assess, which reads as follows: 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 taxpayer's property is not a refusal to receive a return. Section 28. Said Code Title is further amended by inserting in subsection (c) of Code Section 91A-1028, relating to collection and payment of taxes in installments, after the words: For the purposes of, the following: subsection (a) of,

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so that when so amended subsection (c) of Code Section 91A-1028 shall read as follows: (c) For the purposes of subsection (a) 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 year after credit has been given for tax payments made in accordance with paragraph (1) of this subsection. Section 29. Said Code Title is further amended by inserting in paragraph (2) of subsection (e) of Code Section 91A-1028, relating to collection and payment of taxes in installments, after the words: provisions of, the following: subsection (a) of, so that when so amended paragraph (2) of subsection (e) of Code Section 91A-1028 shall read as follows: (2) The governing authority of each county and each municipal corporation is authorized to collect taxes in accordance with the installment provisions of subsection (a) 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. Section 29A. Said Code Title is further amended by striking in its entirety subparagraph (B) of paragraph (1) of subsection (a) of Code Section 91A-1102, relating to property exempt from taxation, and substituting in lieu thereof a new subparagraph (B) to read as follows:

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(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; or (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. Section 30. Said Code Title is further amended by striking in their entirety subparagraphs (C) and (D) of paragraph (12) of subsection (a) of Code Section 91A-1102, relating to property exempt from taxation, which subparagraphs read as follows: (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. (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. Section 31. Said Code Title is further amended by striking in their entirety subsections (b) and (c) of Code Section 91A-1113, relating to determination of eligibility for homestead exemption,

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and substituting in lieu thereof a new subsection (b) to read as follows: (b) The applicant shall have the right of appeal from the decision of the board of assessors as provided in Code Section 91A-1449 for appeals from decisions of boards of tax assessors. Section 32. Said Code Title is further amended by striking in its entirety subsection (t) of Code Section 91A-1201, relating to purposes of county tax, and substituting in lieu thereof a new subsection (t) to read as follows: (t) To provide for financial assistance to county, or joint county and municipal, 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. Section 33. Said Code Title is further amended by striking in its entirety Code Section 91A-1303, relating to where certain bonds of tax receivers are to be recorded, which reads as follows: 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 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

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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. Section 34. Said Code Title is further amended by striking in its entirety Code Section 91A-1323, relating to amount and conditions of bonds of tax collectors and tax commissioners, and substituting in lieu thereof a new Code Section 91A-1323, to read as follows: 91A-1323. 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 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 bond so required shall not exceed $50,000. (b) The tax collector or tax commissioner shall give a 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. The bond required of the tax collector or tax commissioner on behalf of the county shall not exceed $100,000. Section 35. Said Code Title is further amended by striking in its entirety Code Section 91A-1326, relating to where certain bonds of

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tax collectors and tax commissioners are recorded, which reads as follows: 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 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.

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Section 36. Said Code Title is further amended by striking in its entirety Code Section 91A-1345, relating to tax collector's or tax commissioner's negligence, which reads as follows: 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. Section 37. Said Code Title is further amended by striking in its entirety subsection (b) of Code Section 91A-1350, relating to report of unpaid taxes, and substituting in lieu thereof a new subsection (b), to read as follows: (b) Each tax collector and tax commissioner shall make final settlements of accounts with both the State and county, and shall pay over all amounts due 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 and payment 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. Section 38. Said Code Title is further amended by striking in its entirety Code Section 91A-1354, relating to uncompleted duties of outgoing tax collectors and tax commissioners, and substituting in lieu thereof a new Code Section 91A-1354, to read as follows: 91A-1354. Uncompleted duties of outgoing tax collector or tax commissioner, etc; liability of collector, commissioner, and surety. (a) 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 shall be furnished by the Commissioner or the county governing authority to the tax collector or tax commissioner who succeeds the outgoing tax collector or tax commissioner.

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(b) (1) Each tax collector or tax commissioner to whom a list is furnished as provided in subsection (a) and his successor, as the taxes are collected, shall pay to the outgoing tax collector or tax commissioner one-half of the commissions and 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. (2) In all counties having a population of not less than 4,000 nor more than 4,575, according to the 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, even though such person was not holding the office of tax collector at the time the taxes were collected and even though the tax collector in office at the time the taxes were collected is on a salary system of compensation in lieu of fees and commissions. (c) The outgoing tax collector or tax commissioner shall no longer have the right or the duty to collect the taxes uncollected during his term 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. (d) The outgoing tax collector or tax commissioner, and his sureties or his bond, shall be discharged upon his delivery to his successor of the books and papers in his office which relate to the uncollected taxes, except for defaults existing prior to that time. Section 38A. Said Code Title is further amended by adding a new Section after Code Section 91A-1361, to be designated Code Section 91A-1361.1, to read as follows: 91A-1361.1. Fee for issuing tax executions. (a) Tax collectors shall be allowed a fee of 50 cents for issuing tax executions. (b) No tax collector, sheriff, or constable shall receive costs on tax executions, unless the costs are collected from the defendant.

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Section 39. Said Code Title is further amended by striking in its entirety Code Section 91A-1401, relating to the purpose of certain provisions respecting equalization of assessments, and substituting in lieu thereof a new Code Section 91A-1401, to read as follows: 91A-1401. Purpose of Subchapter A. It is the purpose and intent of Subchapter A of this Chapter to: (a) 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: (1) Assist the board of tax assessors of each county in developing the proper information for setting tax assessments on property. (2) Maintain the tax assessment records for each county. (3) Provide for Statewide duties and qualification standards for such staffs. (b) Provide for the examination of county tax digests in order to determine whether property valuation is uniform between counties. (c) Provide for adjustments and equalizations of property valuations in certain instances. (d) Provide for State ratio studies by the State Auditor. (e) Provide for State assistance to counties in implementing the provisions of Subchapter A. Section 40. Said Code Title is further amended by adding a new subsection at the end of Code Section 91A-1432, relating to county boards of tax assessors, to be designated subsection (d), to read as follows: (d) 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:

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(1) Mother or mother-in-law. (2) Father or father-in-law. (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 41. Said Code Title is further amended by inserting in subsection (b) of Code Section 91A-1442, relating to valuation of property not in digest, after the words: taxes have, the word: not, so that when so amended subsection (b) of Code Section 91A-1442 shall read as follows: (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 not been paid in full. Section 42. Said Code Title is further amended by striking in its entirety subsection (j) of Code Section 91A-1449, relating to review of assessments and county boards of equalization, which subsection reads as follows:

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(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

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(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:

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(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

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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. Section 43. Said Code Title is further amended by adding a new Section after Code Section 91A-1449, to be designated Code Section 91A-1449.1, to read as follows: 91A-1449.1. Interim collection pending appeals. (a) 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: (1) (A) An appeal is or has been filed as provided by law to prevent the approval of the digest by the Commissioner; (B) The digest is not otherwise approved by the Commissioner; or (C) The digest is otherwise not enforceable or collectible by law; and (2) The appeal, disapproval, or disability prohibits or prevents collections from being made or enforced on the digest. (b) (1) The petititon 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: (A) Pay the county's debts as they mature; (B) 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;

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(C) Maintain an orderly and normal function of county business and governmental affairs; (D) 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 (E) Avoid by practical means the suffering of immediate and irreparable injury, loss, damage, and any other significant matter. (2) 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. (c) 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. (d) After the petition has been filed, and before the hearing, each interested party may intervence for the purpose of opposing the issuance of an order allowing the immediate and temporary collection of taxes. (e) At the hearing on the matter of the petition, the governing authority shall bear the burden of proof of establishing the existence of one or more of the conditions set forth in subsection (b). 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 subsection (b) exists. If the court so determines, the court shall enter an order containing findings of fact and conclusions of law to

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that end and shall order the collection of temporary taxes as sought by the county governing authority. (f) In the court's order, the court shall establish the basis on which the temporary tax on each parcel of property shall be established 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: (1) 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. (2) The most recently submitted and approved tax digest, as amended to reflect changes in ownership in property. (3) Any other reasonable method which will do substantial justice to the parties under the exigencies of all the circumstances. (g) Any taxes collected or paid after the entrance of the order for collection, as provided for in this Section, shall not be considered as, and 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 Section 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. (h) 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. (i) (1) 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.

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(2) The Commissioner may not be joined in an action seeking the temporary collection of taxes without the Commissioner's specific consent. (j) The procedures provided by this Section shall apply to the tax digest of any municipality using as a basis for municipal tax purposes the fair market value determined for county ad valorem tax purposes. For the purposes of this subsection, the provisions of this Section applicable to the governing authority of a county shall also be applicable to the governing authority of any such municipality and the methods, procedures, and conditions for temporary collection and enforcement of taxes for municipalities shall be under the same terms and conditions as provided for counties in this Section. Section 44. Said Code Title is further amended by striking in its entirety subsection (b) of Code Section 91A-1504, relating to exemption of certain salesmen and merchants from municipal taxation, and substituting in lieu thereof a new subsection (b) to read as follows: (b) The provisions of this Section shall not apply within counties having a population over 500,000 according to the United States Decennial Census of 1960. Section 45. Said Code Title is further amended by striking in its entirety Code Section 91A-1506.1, relating to the authority of municipalities to levy and collect taxes to provide financial assistance to municipal development authorities, and substituting in lieu thereof a new Code Section 91A-1506.1, to read as follows: 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 development authority or a joint county and municipal development authority 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.

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Section 46. Said Code Title is further amended by inserting in subsection (b) of Code Section 91A-1601, relating to refunds by counties and municipalities, after the words: one year, the following: , or in the case of taxes three years,, so that when so amended subsection (b) of Code Section 91A-1601 shall read as follows: (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, or in the case of taxes three years, 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 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. Section 47. Said Code Title is further amended by striking in its entirety the last sentence of Code Section 91A-1905, relating to ad valorem tax on motor vehicles, which sentence reads as follows:

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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., so that when so amended Code Section 91A-1905 shall read as follows: 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. Section 48. Said Code Title is further amended by striking in its entirety the last sentence of Code Section 91A-1923, relating to ad valorem tax on mobile homes, which sentence reads as follows: 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., so that when so amended Code Section 91A-1923 shall read as follows: 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. Section 49. Said Code Title is further amended by striking in its entirety Code Section 91A-1924, relating to issuance of mobile home location permits, and substituting in lieu thereof a new Code Section 91A-1924, to read as follows: 91A-1924. Issuance of mobile home location permits; decals. (a) Each year every owner of a mobile home subject to taxation under the provisions of this Chapter shall obtain, on or before April

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1, from the tax collector or tax commissioner of the county of taxation of the mobile home 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, the color of which shall be prescribed for each year by the Commissioner. 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. (b) Each year every owner of a mobile home situated in this State on January 1 which is not subject to taxation under this Chapter 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. Section 50. Said Code Title is further amended by striking in its entirety Code Section 91A-1930, relating to where motor vehicles and mobile homes are to be returned for taxes, and substituting in lieu thereof a new Code Section 91A-1930, to read as follows: 91A-1930. Where motor vehicles and mobile homes to be returned for taxes. (a) Each motor vehicle owned by a resident of this State shall be returned in the county of the owner's domicile or, if the motor vehicle 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 owned by a nonresident shall be returned in the county where the motor vehicle is situated. (b) 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. Section 51. Said Code Title is further amended by adding a new Section after Code Section 91A-2203, to be designated Code Section 91A-2203.1, to read as follows:

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91A-2203.1. Returns to be made available for public inspection. Every return made to the Commissioner by any person required to make returns of the value of its properties and franchises to the Commissioner under the provisions of this Chapter or Chapter 91A-18 and every document used to arrive at evaluation with the exception of income tax returns, within the custody of the Commissioner or the Department, 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 52. Said Code Title is further amended by adding a new Section after Code Section 91A-2211, to be designated Code Section 91A-2211.1, to read as follows: 91A-2211.1. Report to local board of tax assessors; utility property within county. (a) Not less than once in each year the 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 required to make returns of the value of its properties and franchises to the Commissioner under the provisions of this Chapter and Code Chapter 91A-18. 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 Commissioner or at such other reasonably accessible place within the headquarters building of the Department as may be designated by the Commissioner. Section 52A. Said Code Title is further amended by adding a new paragraph at the end of subsection (a) of Code Section 91A-3003, relating to instruments exempted from the real estate transfer tax, to be designated paragraph (8), to read as follows:

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(8) Transfer of property which is acquired as provided in Code Section 95A-602, relating to acquisition procedures under the Georgia Code of Public Transportation. Section 53. Said Code Title is further amended by striking in its entirety Code Section 91A-3005, relating to payment of real estate transfer tax as prerequisite to filing, and substituting in lieu thereof a new Code Section 91A-3005, to read as follows: 91A-3005. Payment prerequisite to filing; certification on instrument. (a) 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. (b) 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. (c) 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. (d) 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 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

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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. Section 54. Said Code Title is further amended by striking from Code Section 91A-3106, relating to persons subject to tax on intangible personal property, the following: (including, but not limited to, partnerships whose members are in whole or in part nonresidents of this State), so that when so amended Code Section 91A-3106 shall read as follows: 91A-3106. Persons subject to tax on intangible personal property. Every resident or nonresident person 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. Section 55. Said Code Title is further amended by striking from subsection (a) of Code Section 91A-3108, relating to returns of intangible personal property, the following: , except intangible personal property classified to be taxed as provided by law other than this Chapter,, so that when so amended subsection (a) of Code Section 91A-3108 shall read as follows: (a) Every person owning intangible personal property classified for taxation under this Chapter shall file a return of the property. The return shall: (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.

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(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. Section 56. Said Code Title is further amended by striking from Code Section 91A-3117, relating to commissions of tax receiver or tax commissioner, the words: except localized, so that when so amended Code Section 91A-3117 shall read as follows: 91A-3117. Commissions of tax receiver or tax commissioner. Notwithstanding the fact that the assessment of all 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. Section 57. Said Code Title is further amended by striking in its entirety Code Section 91A-3122, relating to State's share of intangible tax revenues, which reads as follows: 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. Section 58. Said Code Title is further amended by striking in its entirety Code Section 91A-3124, relating to application of certain income tax provisions to intangible personal property tax, and substituting in lieu thereof a new Code Section 91A-3124, to read as follows: 91A-3124. Application of certain income tax procedures. The schedules required by this Chapter to be filed with the Commissioner shall be subject to hearings and appeals in all respects as provided by law for income taxes.

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Section 59. Said Code Title is further amended by striking in its entirety subsection (d) of Code Section 91A-3209, relating to failure to pay intangible recording tax, and substituting in lieu thereof a new subsection (d) to read as follows: (d) The provisions of this Section shall not apply to instruments acquired at a time when the holder of the note or instrument was otherwise exempt from the payment of the tax imposed by this Chapter. Section 60. Said Code Title is further amended by inserting in subsection (a) of Code Section 91A-3306, relating to which law applies to the taxation of banks, after the words: Neither such banks nor such building and loan associations, the words: 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 subsection (a) of Code Section 91A-3306 shall read as follows: (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 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 Chapter 91A-31. Section 61. Said Code Title is further amended by inserting in subsection (a) of Code Section 91A-3501, relating to income tax definitions, after the word: includes,

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the following: , but is not limited to,, so that when so amended subsection (a) of Code Section 91A-3501 shall read as follows: (a) `Corporation' includes, but is not limited to, all associations, professional associations organized pursuant to the Georgia Professional Association Act (Ga. Laws 1961, p. 404, Chapter 84-43), and insurance companies. Section 62. Said Code Title is further amended by striking from the last sentence of subsection (a) of Code Section 91A-3601, relating to rate of individual income taxation, the word: The, and substituting in lieu thereof the following: Except as otherwise provided in this Part, the, so that when so amended subsection (a) of Code Section 91A-3601 shall read as follows: (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. Except as otherwise provided in this Part, the tax imposed by this subsection shall be levied, collected, and paid annually. Section 63. Said Code Title is further amended by striking in its entirety subsection (b) of Code Section 91A-3602, relating to corporate income taxation, and substituting in lieu thereof a new subsection (b) to read as follows: (b) Corporate adjustments.

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(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) 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.

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(4) 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. (5) 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. (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 gain 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. (6) Nonrecognition of gains and losses adjustment. When on the sale or exchange of real or tangible personal property

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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. (7) 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. (8) 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 consolidated 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. (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. (9) 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

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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. Section 64. Said Code Title is further amended by striking in its entirety subsection (a) of Code Section 91A-3603, relating to income taxation of fiduciaries, and substituting in lieu thereof a new subsection (a) to read as follows: (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 single individuals. (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 is accumulated for, is distributed,

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or becomes distributable during the taxable year to a nonresident of this State and 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. (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. Section 65. Said Code Title is further amended by striking from paragraph (1) of subsection (b) of Code Section 91A-3605, relating to corporations and organizations exempt from income taxation, the words: the date this Section becomes effective, and substituting in lieu thereof the following: March 24, 1976,, so that when so amended paragraph (1) of subsection (b) of Code Section 91A-3605 shall read as follows:

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(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 March 24, 1976, 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. Section 66. Said Code Title is further amended by striking in its entirety Code Section 91A-3606, relating to personal exemptions from income tax, and substituting in lieu thereof a new Code Section 91A-3606, to read as follows: 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: (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.

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(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. (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) (A) `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:

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(i) A son or daughter of the taxpayer, or a descendent of a son or daughter of the taxpayer. (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 the father or mother of the taxpayer. (v) A stepfather or stepmother of the taxpayer. (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 the support; (ii) Over half of the support was received from persons each of whom, but for the fact that he did not contribute over half of the support, would have been entitled to claim the individual as a dependent for a taxable year beginning in such calendar year; (iii) The taxpayer contributed over 10 percent of the support; and (iv) Each person described in sub-subparagraph (ii) (other than the taxpayer) who contributed over 10 percent of the support files a written declaration (in the

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manner and form as the Commissioner may prescribe by regulations) that he will not claim the individual as a dependent for any taxable year beginning in such calendar year. (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 calendar months during the calendar year in which the taxable year of the taxpayer begins: (A) Is a full-time student at an educational institution; or (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. (c) In determining whether any of the relationships specified in subsection (b) 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. (d) 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.

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(e) An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. (f) 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. (g) 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. Section 67. Said Code Title is further amended by striking in its entirety Code Section 91A-3607, relating to individual taxable net income, and substituting in lieu thereof a new Code Section 91A-3607, to read as follows: 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) Either the sum of all itemized nonbusiness deductions, if the taxpayer itermized 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 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

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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. (2) 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 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) 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. (5) Income, losses, and deducations 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.

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(6) 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. (7) 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. (8) All elections made by the taxpayer under the Internal Revenue Code of 1954 shall also apply under this Chapter. Section 68. Said Code Title is further amended by striking in its entirety Code Section 91A-3609, relating to credit for household and dependent care expenses, and substituting in lieu thereof a new Code Section 91A-3609, to read as follows: 91A-3609. Child care credit and 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. (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; or (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:

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(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. If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. Section 69. Said Code Title is further amended by striking in its entirety Code Section 91A-3611, relating to allocation and apportionment of income for purposes of corporate income taxation, and substituting in lieu thereof a new Code Section 91A-3611, to read as follows: 91A-3611. Corporations; allocation and apportionment of income. (a) Corporations subject to tax. The tax imposed by this Part shall apply to the entire net income, as defined in this Chapter, received by every foreign or domestic corporation owning property or doing business within this State. A 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) Income subject to tax. (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.

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(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 outside 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 subsections (c) and (d) of this Section. (c) Allocation of income. (1) Interest received on bonds held or investment and income received from other intangible property held for investment are not subject to apportionment. All expenses connected with this investment income shall be applied against the investment income. The net investment income from intangible property shall be allocated to this State if the situs of the corporation is in this State or the intangible property as acquired as income from property held in this State, or as a result of business done in this State. (2) Rentals received from real estate held purely for investment purposes and not used in the operation of the business are not subject to apportionment. All expenses connected with this investment income shall be applied against the investment income. The net investment income from tangible property located in this State shall be allocated to this State. (3) Gains from the sale of tangible or intangible property not held, owned, or used in connection with the trade or business of the corporation or held for sale in the regular course of business, shall be allocated to this State if the property sold is real or tangible personal property situated in this State or intangible property having an actual situs or a business situs within this State. Otherwise such gains shall be allocated outside this State. (d) Apportionment of income. Net income of the classes described in subsection (c) having been separately allocated and deducated, the remainder of the net business income shall be apportioned as follows: (1) (A) Where the net business income of the corporation is derived principally from the holding, sale, or holding

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and sale of intangible property having a taxable situs in this State, the tax should be imposed on the entire business income. (B) Where a portion of the intangible property has a taxable situs outside this State, the portion of the income derived from the holding, sale, or holding and sale of the intangible 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 bears to the total gross receipts from intangible property located within and outside this State. (C) 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 other than in this State. (D) 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. (2) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of the net income therefrom 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 formula: (A) 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.

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(i) 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. (ii) 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. (B) 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: (i) The employee's service is performed entirely within this State. (ii) The employee's service is performed both within and outside this State and the service performed outside this State is incidental to the employee's service within this State. (iii) Some of the service is performed in this State and either the base of operations or the place from which the service is directed or controlled is in this State or 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 employee's residence is in this State.

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(C) Gross receipts factor. The gross receipts factor is a fraction the numerator of which is the total gross receipts from business done within this State during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For the purposes of this sub-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 this State to customers outside this State shall be excluded. (D) 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 apportioned to this State according to such average. (E) 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. (3) Where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property or from the holding or sale of intangible property, the net business income of the corporation shall be equitably apportioned within and outside this State in the ratio that the business within this State bears to the total business of the corporation. (e) Determination of fair net income of subsidiaries and affiliates. 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 corporation in excess of fair value and by including fair compensation to the domestic business corporation for its commodities sold to or services

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performed for the parent corporation or affiliated corporation. For the purposes of determining net income as provided in this subsection, 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. Section 70. Said Code Title is further amended by striking from subsection (g) of Code Section 91A-3616, relating to accounting periods and basis of net income, the following: 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., so that when so amended subsection (g) of Code Section 91A-3616 shall read as follows: (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 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.

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Section 71. Said Code Title is further amended by striking from paragraphs (3) and (4) of subsection (a) of Code Section 91A-3701, relating to who must file income tax returns, the following: , unless otherwise provided by law, so that when so amended subsection (a) of Code Section 91A-3701 shall read as follows: (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. (4) Nonresident estate or trust that has federal gross income from sources within this State. Section 72. Said Code Title is further amended by adding a new Code Section after Code Section 91A-3710, to be designated Code Section 91A-3711, to read as follows: 91A-3711. Confidentiality 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 is unlawful for the 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

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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 Internal Revenue Code Section 6103 (p) (8); and (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

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persons receiving such information within the authority of this paragraph shall be subject to the provisions of Code Section 91A-9932.1, 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 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 Commissioner and are subject to the direct security control of 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 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 73. Said Code Title is further amended by striking in its entirety Code Section 91A-3806, relating to notice to Commissioner of appointment of executor, administrator, or guardian, which reads as follows: 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. Section 74. Said Code Title is further amended by striking in its entirety subsection (j) of Code Section 91A-3901, relating to definitions for purposes of current income tax payment, and substituting in lieu thereof a new subsection (j), to read as follows: (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

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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 agricultural labor. (2) For domestic service in a private home, local college club, or local chapter of a college fraternity or sorority. (3) 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. (4) For services performed for a foreign government or an international organization. (5) 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. (6) 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. (7) For services not in the course of the employer's trade or business, to the extent paid in any medium other than cash.

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(8) 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. (9) 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. (10) 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. (11) 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. (12) As fees to a public official for services employed by an employee for his employer. Section 75. Said Code Title is further amended by striking in its entirety Code Section 91A-3906, relating to withholding receipts for employees, and substituting in lieu thereof a new Code Section 91A-3906, to read as follows: 91A-3906. Receipts for employees. (a) Time receipt to be furnished. 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 or remuneration paid

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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. (b) Extension of time. The Commissioner may grant a reasonable extension of time, not exceeding 30 days, for furnishing the statement required by this Section. Section 76. Said Code Title is further amended by striking in its entirety subsection (d) of Code Section 91A-3915, relating to declaration of estimated tax by individual, and substituting in lieu thereof a new subsection (d), to read as follows: (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 and fishing), March 1 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. (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. Section 77. Said Code Title is further amended by striking in its entirety subsections (a) and (b) of Code Section 91A-3917, relating to time for filing declarations of estimated income tax by individuals, and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) In general. Declarations of estimated tax required by Section 91A-3915 from an individual not regarded as a farmer or fisherman 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:

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(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. (b) Farmers and fishermen. Declarations of estimated tax required by Section 91A-3915 from individuals whose estimated gross income from farming or fishing 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. Section 78. Said Code Title is further amended by inserting in subsection (b) of Code Section 91A-3919, relating to installment payments of estimated tax, after the word: Farmers, the words: and fishermen, and after the word: farming, the words: and fishing, so that when so amended subsection (b) of Code Section 91A-3919 shall read as follows:

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(b) Farmers and fishermen. If an individual referred to in Section 91A-3917(b) (relating to income from farming and fishing) 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. Section 79. Said Code Title is further amended by inserting in paragraph (1) of subsection (b) of Code Section 91A-3921, relating to failure to pay estimated tax, after the word: farming, wherever the same shall appear, the words: and fishing, so that when so amended subsection (b) of Code Section 91A-3921 shall read as follows: (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 and fishing] 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 and fishing] of the tax for the year. (2) The amount, if any, of the installment paid on or before the last date prescribed for payment. Section 80. Said Code Title is further amended by inserting in paragraph (3) of subsection (d) of Code Section 91A-3921, relating to failure to pay estimated tax, after the word: farming,

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the words: and fishing, so that when so amended paragraph (3) of subsection (d) of Code Section 91A-3921 shall read as follows: (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 and fishing] 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, the personal exemptions to be determined as of the last date prescribed for payment of the installment. Section 81. Said Code Title is further amended by striking in its entirety subsection (a) of Code Section 91A-4501, relating to definitions used for purposes of the sales and use tax law, and substituting in lieu thereof a new subsection (a) to read as follows: (a) `Business' means any activity engaged in by any person, or caused to be engaged in by any person, with the object of direct or indirect gain, benefit, or advantage. Section 82. Said Code Title is further amended by striking from paragraph (3) of subsection (c) of Code Section 91A-4501, relating to definitions used for purposes of the sales and use tax law, the words:

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Leases or rents, and substituting in lieu thereof the words: Is the lessee or rentee of, so that when so amended subsection (c) of Code Section 91A-4501 shall read as follows: (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 county for sale at retail, use, consumption, distribution, or storage to be used or consumed in this State. (3) Is the lessee or rentee of 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. (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.

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(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. Section 83 . Said Code Title is further amended by striking from subparagraph (B) of paragraph (7) of subsection (f) of Code Section 91A-4501, relating to definitions used for purposes of the sales and use tax law, the words: cost price of the tangible personal property to such persons, and substituting in lieu thereof the words: retail price of the tangible personal property, so that when so amended subsection (f) of Code Section 91A-4501 shall read as follows: (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 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.

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(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. (K) Skating rinks. (L) Race tracks. (M) Public bathing places. (N) Public dance halls.

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(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. (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 retail price of the tangible personal property. The Commissioner shall refuse to issue certificates

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of registration and may revoke certificates of registration issued in violation of his rules and regulations. Section 84 . Said Code Title is further amended by redesignating subsections (k) and (l) of Code Section 91A-4501, relating to definitions used for purposes of the sales and use tax law, as subsections (l) and (m), respectively, and adding to said Code Section a new subsection (k) to read as follows: (k) `Tangible personal property' means and includes personal property, which may be seen, weighed, measured, felt, or touched, or is in any other manner perceptible to the senses. `Tangible personal property' does not include stocks, bonds, notes, insurance, or other obligations or securities., so that when so amended subsections (k), (l), and (m) of Code Section 91A-4501 shall read as follows: (k) `Tangible personal property' means and includes personal property, which may be seen, weighed, measured, felt, or touched, or is in any other manner perceptible to the senses. `Tangible personal property' does not include stocks, bonds, notes, insurance, or other obligations or securities. (l) `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. (m) `Use tax' includes the use, consumption, distribution, and storage as defined in this Chapter. Section 85 . Said Code Title is further amended by striking in its entirety subsection (o) of Code Section 91A-4503, relating to exemptions from sales and use taxation, and substituting in lieu thereof a new subsection (o) to read as follows: (o) Sales: (1) 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.

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(2) By religious institutions or denominations when: (A) The sale results from a specific charitable fund-raising activity; (B) The number of days upon which the fund-raising activity occurs does not exceed 30 in any calendar year; (C) No part of the gross sales or net profits from the sales inures to the benefit of any private person; and (D) The gross sales or net profit from the sales are used for the purely charitable purposes of: (i) Relief to the aged; (ii) Church-related youth activities; (iii) Religious instruction or worship; or (iv) Construction or repair of church buildings or facilities. Section 86. Said Code Title is further amended by striking from subsection (v) of Code Section 91A-4503, relating to exemptions from sales and use taxation, the word: sale, and substituting in lieu thereof the word: sales, so that when so amended subsection (v) of Code Section 91A-4503 shall read as follows: (v) Professional, insurance, or personal service transactions which involve sales as inconsequential elements for which no separate charges are made. Section 87. Said Code Title is further amended by striking from subsection (w) of Code Section 91A-4503, relating to exemptions from sales and use taxation, the following:

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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), so that when so amended subsection (w) of Code Section 91A-4503 shall read as follows: (w) Fees or charges for services rendered by repairmen for which a separate charge is made. Section 88. Said Code Title is further amended by striking in its entirety subsection (y) of Code Section 91A-4503, relating to exemptions from sales and use taxation, and substituting in lieu thereof a new subsection (y) to read as follows: (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), and feed for livestock, fish, or poultry when used either directly in tilling the soil or in animal, fish, or poultry husbandry. Section 89. Said Code Title is further amended by striking in its entirety subsection (z) of Code Section 91A-4503, relating to exemptions from sales and use taxation, and substituting in lieu thereof a new subsection (z) to read as follows: (z) 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. Section 90. Said Code Section is further amended by striking in its entirety subsection (cc) of Code Section 91A-4503, relating to exemptions from sales and use taxation, and substituting in lieu thereof a new subsection (cc) to read as follows: (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.

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(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. (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 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. (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. (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.

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Section 91. Said Code Title is further amended by striking in its entirety subsection (mm) of Code Section 91A-4503, relating to exemptions from sales and use taxation, and substituting in lieu thereof a new subsection (mm) to read as follows: (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 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 subsection have been met, he may refund to that property owner, 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. Section 92. Said Code Title is further amended by adding two new subsections at the end of Code Section 91A-4503, relating to exemptions from sales and use taxation, to be designated subsections (oo) and (pp), respectively, to read as follows:

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(oo) Sales of tangible personal property and services to orphans' homes located in this State and operated as nonprofit corporations. (pp) 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) Been credited under Code Section 91A-4510 with paying a sales or use tax on the property so furnished, leased, or rented and the tax so credited is based upon the fair rental or lease value of the property. Section 93. Said Code Title is further amended by striking from the caption of Code Section 91A-4506, relating to intention of the sales and use tax law respecting items to be exported or in interstate commerce, the following: ;burden of proof; certificate, so that when so amended Code Section 91A-4506 shall read as follows: 91A-4506. Intention of Chapter with respect to items to be exported or in interstate commerce. 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. Section 94. Said Code Title is further amended by striking in its entirety Code Section 91A-4507, relating to burden of proof as to taxability under the sales and use tax law, and substituting in lieu thereof a new Code Section 91A-4507, to read as follows: 91A-4507. Burden of proof as to taxability; certificate that property is for resale. (a) All gross sales of a retailer are subject to

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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: (1) Is engaged in the business of selling tangible personal property; (2) Holds the permit provided for in this Chapter; and (3) 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: (1) Be signed by and bear the name and address of the purchaser; (2) Indicate the number of the permit issued to the purchaser; and; and (3) Indicate the general character of the tangible personal property sold by the purchaser in the regular course of business. Section 95. Said Code Title is further amended by striking from Code Section 91A-4512, relating to sales tax as debt owed by purchaser to dealer, the following: 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 acknowledgement shall be filed in the court in which the case is pending. Any judgment rendered in a case in which the acknowledgement has not been filed shall be void and of no effect.,

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so that when so amended Code Section 91A-4512 shall read as follows: 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. 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. Section 96. Said Code Title is further amended by adding a new Code Section after Code Section 91A-4512, to be designated Code Section 91A-4512.1, to read as follows: 91A-4512.1. Issue of taxability; notice to Attorney General; certain judgments void. If the issue of taxability under this Chapter 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 acknowledgement shall be filed in the court in which the case is pending. Any judgment rendered in a case in which the acknowledgement has not been filed shall be void and of no effect. Section 96A. Said Code Title is further amended by adding a new Section following Code Section 91A-4532, to be designated Code Section 91A-4532.1, to read as follows: 91A-4532.1. Registration of importing dealers. Dealers who import, or cause to be imported, tangible personal property from other states or foreign countries for use or consumption, or storage for use or consumption, in this State, if not already registered as a dealer under Code Section 91A-4532 shall, when and as required by rules and regulations of the Commissioner, obtain from the Commissioner a certificate of registration and shall make returns and pay the applicable use tax on such tangible personal property.

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Section 97. Said Code Title is further amended by striking in its entirety subsection (a) of Code Section 91A-4536, relating to payment of sales and use tax by contractors, and substituting in lieu thereof a new subsection (a) to read as follows: (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 at the time of the purchase or at the time 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. Section 98. Said Code Title is further amended by striking in its entirety Code Section 91A-4610, relating to the creation of special districts of taxation for purposes of the local option sales and use tax law, and substituting in lieu thereof a new Code Section 91A-4610, to read as follows: 91A-4610. Creation of special districts of taxation. There is created, pursuant to Article IX, Section IV, Paragraph II 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, during which the millage rate adjustments as required by this Chapter are first made 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. Section 99. Said Code Title is further amended by striking in its entirety Code Section 91A-4611, relating to conditions prior to levy by a county of the local option sales and use tax, and substituting in lieu thereof a new Code Section 91A-4611, to read as follows: 91A-4611. Conditions which must be met prior to levying tax by county; disposition of funds if county mill rate for maintenance

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and operation is reduced to zero; reduction of county property taxes to be shown on tax bill. (a) Regular first year roll-back method. (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 (B) from (A), when (A) and (B) are as follows: (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) Alternative first year roll-back method. (1) The governing authority of any county receiving any proceeds from the imposition of the tax authorized by this Chapter, when the tax is first levied during the first calendar quarter of the year, may adjust, for the year in which the tax is first levied, the mill rate for county ad valorem taxation within the special district of taxation for services, created by the provisions of Code Section 91A-4610, so that the mill rate levied for county

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operations and maintenance on tangible property within the special district is a mill rate not more than a rate determined by subtracting (B) from (A), when (A) and (B) are as follows: (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 annualized proceeds of the tax levied under this Chapter for the first calendar quarter in which the tax is levied. (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. (3) The provisions of this subsection, if followed by an eligible county governing authority, shall be: (A) In lieu of the provisions of subsection (a) of this Section. (B) A condition precedent to the exercise of the authority to levy the tax authorized by this Chapter. (c) Subsequent year roll-back. 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 in which the mill rate is first adjusted as required by subsections (a) and (b) of this Section, 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 (2) from (1), when (1) and (2) are as follows: (1) The mill rate levied by the county on tangible property outside the special district.

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(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. (d) 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 purpose including, but not limited to, the retirement of bonded indebtedness. (e) Statement on tax bill. (1) 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. (2) The dollar amount of any reduction of county ad valorem property taxes shall not be calculated nor reflected, as provided in paragraph (1), on those forms used for the registration and taxation of motor vehicle properties or mobile home properties. Section 100. Said Code Title is further amended by striking in its entirety Code Section 91A-4612, relating to conditions prior to levy by a municipality of the local option sales and use tax, and substituting in lieu thereof a new Code Section 91A-4612, to read as follows: 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) Regular first year roll-back method (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

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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 and the municipality receives proceeds from a county levy of the tax, 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) Alternative first year roll-back method. (1) The governing authority of any municipality levying the tax authorized by this Chapter, or collecting any proceeds from the tax, as a result of the tax being first levied during the first calendar quarter of the year may adjust, for the first year in which the tax is so levied or proceeds so collected, the mill rate for ad valorem taxation for operations and maintenance 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 such taxation for the preceding year, less an amount which equals the annualized net proceeds derived by the municipality from the tax imposed pursuant to this Chapter for the first calendar quarter in which it is levied. (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.

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(3) When the corporate limits of a municipality are within more than one county and the municipality receives proceeds from a county levy of the tax, 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. (4) The provisions of this subsection, if followed by an eligible municipal governing authority shall be: (A) In lieu of the provisions of subsection (a) of this Section. (B) A condition precedent to the exercise of the authority to levy the tax or collect proceeds from the tax authorized by this Chapter. (c) Subsequent year adjustment of mill rate. (1) 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 in which the mill rate is first adjusted as required by subsections (a) and (b) of this Section, the municipality shall adjust annually the mill rate for municipal ad valorem taxation of tangible property as provided in this subsection. 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. (2) The tax bill of each ad valorem taxpayer in the municipality shall show in a prominent manner the total mill rate first computed in paragraph (1) of this subsection 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

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the sales tax during the previous year. The remainder shall be the mill rate upon which the taxpayer's bill is based. (d) Use of surplus funds. If, as a result of this Section, the mill rate levied for municipal maintenance and operation on tangible property is reduced to 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. (e) Tax bills not required when mill rate reduced to zero. The provisions of this Section shall not be construed so as to require that a municipality prepare and mail ad 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 Chapter. (f) Statement on tax bill. (1) 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. (2) The dollar amount of any reduction of municipal ad valorem property taxes shall not be calculated nor reflected, as provided in paragraph (1), on those forms used for the registration and taxation of motor vehicle properties or mobile home properties. Section 101. Said Code Title is further amended by adding a new Section at the end of Code Chapter 91A-46, relating to local option sales and use tax, to be designated Code Section 91A-4618, to read as follows: 91A-4618. Tax not imposed on certain building and construction materials; limitations. (a) As used in this Section, `building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, and any combination of

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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. (b) No tax authorized by this Chapter 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 102. Said Code Title is further amended by striking Chapter 91A-50, relating to taxation of motor fuel, in its entirety and substituting in lieu thereof a new Code Chapter 91A-50 to read as follows: Chapter 91A-50. MOTOR FUEL TAX 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) `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) `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.

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(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, other than the United States or any of its agencies, who: (1) Produces, refines, prepares, distills, manufactures, blends or compounds motor fuel in this State. (2) Makes the first sale in this State of any motor fuel imported into this State after the motor fuel has been received in this State. (3) Consumes or uses in this State any motor fuel imported into this State before the motor fuel has been received by any other person in this State. (4) Purchases motor fuel for export from this State. (5) Consumes or uses motor fuel of a type other than gasoline for both highway and nonhighway use and who elects to become licensed as a distributor to obtain the exemption allowed by this Chapter. (6) Sells motor fuel of a type other than gasoline to consumers who have no highway use of such fuel and who elects to become licensed as a distributor to obtain the exemptions allowed by this Chapter. (f) `Fuel oils' means and includes all liquid petroleum products including, but not limited to, kerosene but does not include gasoline, compressed petroleum gas, or special fuel. (g) `Gasoline' means and includes all products commonly or commercially known or sold as gasoline. (h) `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.

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(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. (i) `Motor fuel' means and includes any source of energy that can be used for propulsion of motor vehicles on the public highways including, but not limited to: (1) Gasoline. (2) Fuel oils. (3) Compressed petroleum gas. (4) Special fuel. (j) `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 that the machine or contrivance is operated upon the public highway. (k) `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 the way or place may never have been open or may be temporarily closed for the purpose of construction, reconstruction, maintenance, or repair. (l) `Purchase' means any acquisition of ownership. (m) `Received', in addition to its ordinary meaning, means: (1) Motor fuel produced, refined, prepared, distilled, manufactured, blended, or compounded within this State.

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(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. (n) `Sale' means any exchange, gift, consignment, bailment, or any other accounted for or unaccounted for disposition. (o) `Special fuel' means all sources of energy other than gasoline, fuel oils, or compressed petroleum gas. (p) `Transport tank truck' means and includes any tank truck used to transport motor fuel in bulk quantities. 91A-5003. Levy of tax; exemptions. (a) Levy of tax. (1) An excise tax is imposed at the rate of seven and one-half cents per gallon on distributors who sell or use motor fuel within this State. It is the intention of the General Assembly that the legal incidence of the tax be imposed upon the distributor. (2) In the event any motor fuels which are not commonly sold or measured by the gallon are used in any motor vehicles on the public highways of this State, the Commissioner may assess, levy, and collect a tax upon such fuels, under such regulations as he may promulgate, in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline. Any 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.

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Nothing contained in this Chapter shall be construed to prevent a county, municipality, or other political subdivision of this State from levying license fees or taxes upon the business of selling motor fuel. (b) Exemptions. No tax is imposed by this Chapter upon, or with respect to, the following sales by duly licensed distributors: (1) Bulk sales to a duly licensed distributor. (2) Sales of motor fuel for export from this State when exempted by any provisions of the Constitutions of the United States or of this State. (3) Sales of motor fuel to a licensed distributor for export from this State. (4) Sales of motor fuel to the United States for the exclusive use of the United States when such motor fuel is purchased and paid for by the United States. (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 the fuel at the time of the sale and does not resell the fuel. Consumers of fuel oils, compressed petroleum gas, or special fuel who have both highway and nonhighway use of the fuel and resellers of the fuel must be licensed as a distributor in order for sales of the 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

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distributor on the sale, the consumer shall become licensed as a consumer distributor of that type of motor fuel. After the consumer is licensed as a consumer distributor and if it is demonstrated to the satisfaction of the Commissioner that the motor fuel purchased prior to the licensee's 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 the 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 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 fuel oils, compressed petroleum gas, or special fuel directly to an ultimate consumer to be used for heating purposes only shall be made directly into the storage receptacle of the heating unit of the consumer by the licensed distributor. To qualify for this exemption, sales must be delivered into storage receptacles that are not equipped with any secondary withdrawal outlets for the 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 tax imposed by this Chapter. 91A-5004. Applications; bonds and licensing of distributors. (a) It is unlawful for any person to act as a distributor unless the 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.

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(b) (1) To obtain a license every distributor shall file with the Commissioner an application under oath and in such form as required by the Commissioner. (2) The application shall contain, but not be limited to, the following information: (A) The name of the legal entity. (B) The trade name of the legal entity. (C) The location or locations, with street address, of principal office or business locations of the legal entity within and without this State. (D) The name and address of the owner or owners of the legal entity or, in the case of a corporation, trust, or association, the principal officers of the corporation, trust, or association. (3) Upon filing of the application, a filing fee of $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 and in no case shall the bond be in an amount less than $1,000.00 or more than $75,000.00. (B) With a surety company approved by the Commissioner. (C) Upon which the 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 motor fuel taxes together with all penalties and interest imposed by this Chapter and upon faithful compliance with all provisions of this Chapter.

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(2) Every bond shall be continuous. 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 a bond filed as provided in this subsection 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. The request shall not relieve, release, or discharge a surety from any tax, penalty, or interest accrued before the expiration of the 60 day period. (4) The Commissioner shall promptly notify the distributor in writing of the surety request for release from the bond and, unless the distributor files a new bond with an approved surety within the 60 day period, the Commissioner shall cancel the license of the 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 30 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 if the distributor concurrently deposits and pledges with the Commissioner direct obligations of the United States, bonds guaranteed by the United States, bonds of the State of Georgia, bonds of any public authority created by the General Assembly, or bonds issued under the provisions of the `Revenue Bond Law', as amended, in an amount equal to three times the full amount of the bond or bonds otherwise required by this Section. 91A-5005. 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

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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 be qualified to purchase motor fuel of that type exempt from the taxes imposed by this Chapter only after becoming licensed. The 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. 91A-5006. Licensing of aviation gasoline dealers. Sellers or consumers of aviation gasoline shall be eligible to become licensed as aviation gasoline dealers. (a) To obtain an aviation gasoline dealer license, such person shall pay a $10.00 fee and file with the Commissioner an application as prescribed by the Commissioner. (b) The application required by subsection (a) shall include, but not be limited to, the following information: (1) Name of the legal entity. (2) Trade name of the legal entity. (3) The location or locations, with street address, of principal office or business locations of the legal entity within or without this State. (4) The name and address of the owner or owners of the legal entity or, in the case of a corporation, trust, or association, the principal officers of the corporation, trust, or association. (c) The license issued by the Commissioner under this Section is not assignable and is valid only for the person to whom the 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 Section becomes effective shall not be required to obtain a new license under this Section.

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91A-5007. Discontinuance or transfer of business. (a) When any distributor ceases his operations or has a change in legal entity, the distributor shall notify the Commissioner in writing at least 10 days prior to the discontinuance of the operations or the sale or transfer takes effect. The 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. (b) Failure to give the notice required by this Section 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 acquired from the distributor. 91A-5008. 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. The report shall be made on forms prescribed by the Commissioner and shall establish total accountability for the motor fuel and shall provide any other information required by the Commissioner. (b) At the time of rendering the report required by subsection (a), 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. The allowance so provided 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) Each distributor and each 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 shall include, but are not limited to, all motor fuel received, sold, delivered, or used within

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this State and all motor fuel exported from this State for a period of three years. Invoices, bills of lading, and other papers shall 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 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 lading, and other records required by the Commissioner for a period of three years. (3) Every person who sells motor fuel at retail shall make the 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 who receives, sells, uses, or consumes motor fuel. The Commissioner or his agents may inspect the books and records of any person who the Commissioner may believe has information that could be related to the enforcement of any revenue laws of this State. 91A-5009. Transportation and delivery of motor fuel; reports from persons not licensed as motor fuel distributors; licensing persons to transport motor fuel. (a) (1) A report of all deliveries of motor fuel shall be made to the Commissioner by: (A) Each of the following companies and carriers transporting motor fuel either in interstate or in intrastate commerce to points within this State: (i) Every railroad company.

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(ii) Every street, suburban, or interurban railroad company. (iii) Every pipeline company. (iv) Every water transportation company. (v) Every common or contract carrier. (B) Every person transporting motor fuel by whatever manner to a point in this State from any point outside this State. (C) Every person transporting motor fuel from a point in this State to a point outside this State. (2) Each report required to be made pursuant to this subsection shall be: (A) Made under oath on forms prescribed by the Commissioner. (B) Filed by the 20th day 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 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 the truck or vessel when transporting motor fuel on the public highways or navigable waters of this State. (2) Tank identification cards are not transferable and are valid only for the transport tank truck or vessel for which issued.

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(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. The provisions of this subsection 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) (1) 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 identifies: (A) The true name and address of the person from whom the motor fuel was received. (B) The number of gallons originally received. (C) The true name and address of every person who has received any part of such fuel. (D) The number of gallons delivered to such persons. (2) Failure to produce such invoice, bill of sale, or other document when demanded or if, when produced, the document fails to meet the requirements of this Section, shall be prima facie evidence of a violation of this Chapter. (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.

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(g) Every other person purchasing or otherwise acquiring motor fuel in bulk quantities for sale, use, or other disposition in this State, if the person is 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. 91A-5010. 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. (a) Refunds in general. (1) 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, 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. (2) 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 the information required by the Commissioner to establish the right of the person to obtain a refund. In order to receive the refunds, the applicant shall 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 or corrections to the name or dates originally shown on the invoice. 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. (b) Agricultural refunds. Every person who purchases gasoline in quantities of 25 gallons or more, when the gasoline is used in operating farm tractors and other equipment used for the production

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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 18 months from the date of purchase of the gasoline on which refund is claimed. (c) Retail dealers. Every person who purchases motor fuel in bulk quantities and sells the 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 the 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. (d) 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 shall be filed with the Commissioner within 12 months from the date of purchase of the motor fuel on which the refund is claimed. (e) Refunds not to bear interest. Refunds claimed and paid pursuant to this Section shall not bear interest. 91A-5011. Powers of the Commissioner. (a) 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: (1) (A) Deny or cancel any distributor's or aviation gasoline dealer's license if the Commissioner is 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.

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(B) 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. (C) Cancel a license upon receipt of a written request from any distributor or aviation gasoline dealer licensed under this Chapter to cancel the license issued to the distributor or aviation gasoline dealer. The distributor or aviation gasoline dealer shall surrender to the Commissioner the license certificate issued. (D) Cancel the license of a distributor if, upon investigation or information obtained from the distributor's monthly report, the Commissioner ascertains 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. Written notice of the 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. (E) Reinstate a cancelled license when information is provided at a hearing or otherwise within 30 days of cancelation which satisfies the Commissioner that the license should be reinstated. (F) Decline to approve a refund payment until the applicant has complied with the laws of this State if, in the opinion of the Commissioner, the refund application filed by an applicant contains a false statement or if the applicant is indebted to the State. (G) Suspend the right of the refund privilege of a person for a term of not more than 12 months 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.

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(H) Waive the bond and the report required of a licensed distributor of fuel oils, compressed petroleum gas, or special fuel if the distributor has not taxable sales of the fuel and his receipts do not exceed 12,000 gallons per year. (I) 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 the audits or parts of audits, the officers and employees of other jurisdictions shall be deemed authorized agents of the Commissioner for such agreed upon purpose. (J) 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. (b) The Commissioner shall notify the distributor or aviation gasoline dealer in writing of any cancellation of a license as provided in subsection (a) by certified mail to the last known address of the distributor or aviation gasoline dealer appearing on the files of the Commissioner. (c) In the event that the license of any distributor is 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. (d) 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. (e) 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 files 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 to be taxed. The Commissioner shall impose the tax, penalty, and interest due. Estimates by the Commissioner or his authorized agents shall be prima

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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 that the assessment is incorrect and contrary to law. (f) The Commissioner or his delegates, before the expiration of time provided by this Chapter, may 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. (g) 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 the list monthly. 91A-5012. Assessments and collection of deficiencies. (a) Any assessment for taxes due under this Chapter shall be made within the time limits provided as follows: (1) If 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) If 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) If the distributor has filed no return, the taxes may be assessed at any time. (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:

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(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. 91A-5013. Penalties and interest. (a) When any distributor or other person 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 $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, he shall be subject to a penalty of 10 percent 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 50 percent of the tax due shall be assessed. (d) When any distributor fails to pay the tax or any part of the tax due as provided by this Chapter, he 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. 91A-5014. Aide in enforcement. The Director of the Department of Public Safety, each sheriff, and each peace officer shall assist in enforcing the provisions of this Chapter. Each of the said officers shall have the powers, including the power of making arrests, serving process, and appearing in court, for the enforcement and administration of this Chapter. Section 103. Said Code Title is further amended by striking from subsection (d) of Code Section 91A-5101, relating to definitions respecting the road tax on motor carriers, the words:

Page 111

a motor vehicle, and substituting in lieu thereof the words: all motor vehicles, so that when so amended subsection (d) shall read as follows: (d) `Operations' means operations of all motor vehicles, 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. Section 104. Said Code Title is further amended by adding a new subsection at the end of Code Section 91A-5105, relating to refunds of road tax on motor carriers, to be designated subsection (f), to read as follows: (f) Refunds claimed and paid pursuant to this Section shall bear no interest. Section 105. Said Code Title is further amended by striking in its entirety Code Section 91A-5109, relating to registration cards, vehicle identification, and fees respecting the road tax on motor carriers, and substituting in lieu thereof a new Code Section 91A-5109, to read as follows: 91A-5109. Registration card, vehicle identification marker, fees, temporary permits and temporary authorizations. (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: (1) Registered with the Commissioner and secured a motor carrier registration card. A duplicate of the registration card shall be carried in each motor vehicle at all times in this State. (2) Secured from the Commissioner an identification marker for each 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.

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(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. 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 Chapter or of the regulations promulgated under this Chapter. 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 the liabilities are being appealed as provided by law. (c) Prior to the issuance of each identification marker, a fee of $1 shall be paid to the Commissioner. Upon application for identification markers by a motor carrier, the 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 this Chapter. (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 facsimile message. (e) A motor carrier may obtain a temporary permit which shall be good for one motor vehicle for a period of 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 $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 Chapter. A 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. Section 106. Said Code Title is further amended by striking in its entirety Code Section 91A-5302, relating to annual license fees for operating motor vehicles, and substituting in lieu thereof a new Code Section 91A-5302, to read as follows:

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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: (a) Passenger cars. For each passenger motor vehicle not operated as a common or contract carrier for hire..... $ 8.00. (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 14,000 lbs $ 8.00. (B) 14,000 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. (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 (E) or $60.00.

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(B) A straight truck hauling fertilizer and agricultural products shall not be classified higher than $25.00. (C) A truck-tractor hauling fertilizer or milk shall not be classified higher than (G) or $175.00. (d) Farm trucks. For each farm truck..... $ 8.00. (e) Private trailers. Except as otherwise specifically provided in this Section, for each private trailer..... $ 8.00. (f) Farm trailers. For each farm trailer including, but not limited to, 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 farm, 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 3,500 pounds factory weight, there shall be no fee. (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..... $ 5.00. (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..... $ 8.00. (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.

Page 115

(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 14,000 lbs $ 8.00. (B) 14,000 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. (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 (E) 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).

Page 116

(l) Hearses or ambulances. For each motor-drawn hearse or ambulance..... $ 8.00. (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 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.

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(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 truck-tractors 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. Section 107. Said Code Title is further amended by striking from Code Section 91A-6302, relating to imposition of the corporate net worth tax, the word: domestic, and substituting in lieu thereof the word: domesticated, so that when so amended Code Section 91A-6302 shall read as follows: 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, domesticated 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. Section 108. Said Code Title is further amended by striking from subsection (b) of Code Section 91A-6304, relating to amount of corporate net worth tax, the following: , becoming domesticated,,

Page 118

so that when so amended subsection (b) of Code Section 91A-6304 shall read as follows: (b) In respect to any corporation coming into existence 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. Section 109. Said Code Title is further amended by striking from subsection (b) of Code Section 91A-6307, relating to taxable period for corporate net worth tax, the following: , becoming domesticated,, and the following: , domestication,, so that when so amended subsection (b) of Code Section 91A-6307 shall read as follows: (b) The first taxable period of a corporation coming into existence or otherwise becoming subject to the tax for the first time shall begin on the date of incorporation 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. Section 110. Said Code Title is further amended by adding a new Section after Code Section 91A-7002, to be designated Code Section 91A-7003, to read as follows: 91A-7003. Disposition of funds appropriated to counties for public road construction and maintenance. (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 before the 10th day of each month to each county fiscal officer. The amount distributable each month shall be one-twelfth of the amounts provided for each county in the following table:

Page 119

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

"GA1979.1.123">

(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 so 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 Auditor again certifies to the Fiscal Division that the delinquent audit has been filed. The State Auditor shall 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.

"GA1979.1.124">

(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 to the proper officials of the various counties is appropriated for the purpose and made a special and continuing appropriation. (d) If the Office of Planning and Budget fails 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 January 1, 1979. No county shall receive less than $17,500.00. Section 111. Said Code Title is further amended by striking in their entirety subsections (a) and (b) of Code Section 91A-9918, relating to crimes respecting the motor fuel tax law, and substituting in lieu thereof new subsections (a) and (b), to read as follows: (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.

"GA1979.1.125">

(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 $1,000 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. (b) (1) It shall be unlawful for any person to purchase taxexempt 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 $1,000 nor more than $10,000 or imprisonment for not less than 30 days nor more than 12 months or both such fine and imprisonment. Section 112. Said Code Title is further amended by striking from subsection (a) of Code Section 91A-9932.1, relating to divulging confidential income tax information, the following: 91A-212, and substituting in lieu thereof the following: 91A-3711, so that when so amended subsection (a) of Code Section 91A-9932.1 shall read as follows: (a) It is unlawful for any person to violate that provision of Section 91A-3711, when the violation involves the divulging of information concerning income taxes.

"GA1979.1.126">

Section 112A. Said Code Title is further amended by striking from subsection (a) of Code Section 91A-3614, relating to railroad and public service corporations, the following: . When the standard classification does not include all rents, the excluded, and substituting in lieu thereof the following: , and when such standard classification does not include all rents then such, so that when so amended subsection (a) of Code Section 91A-3614 shall read as follows: (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 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, and when such standard classification does not include all rents then such 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, wherever 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.

"GA1979.1.127">

Section 113. 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, approved March 6, 1978 (Ga. Laws 1978, p. 309), is hereby amended by adding a new Section immediately before Section 3 thereof, to be designated Section 2A, to read as follows: Section 2A. Transition provision. Repeal by this Act of any law or part of a law shall not affect or abate (a) any right accrued or vested, (b) any liability for tax, penalty, or interest incurred, (c) any record keeping, reporting, filing, remitting, or other duty or requirement associated with taxes imposed, (d) any taxing authority's power to assess and collect any tax liability incurred, (e) any action or proceeding commenced, or (f) any unlawful act committed, under any of such repealed laws while such laws were in effect. Any person in office pursuant to this Act 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 Act. Section 114. Said Act is further amended by adding eight new paragraphs at the end of subsection (b) of Section 3 thereof, relating to specific repealers, to be designated respectively as paragraphs (80), (81), (82), (83), (84), (85), (86), and (87), to read as follows: (80) An Act to amend an Act authorizing municipal corporations to levy and collect taxes to provide financial assistance to their respective development authorities, approved March 30, 1977 (Ga. Laws 1977, p. 1034), approved April 5, 1978 (Ga. Laws 1978, p. 2008). (81) 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), approved March 14, 1978 (Ga. Laws 1978, p. 930). (82) 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), approved April 3, 1978 (Ga. Laws 1978, p. 1459).

"GA1979.1.128">

(83) 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, approved April 3, 1978 (Ga. Laws 1978, p. 1448). (84) An Act to amend an Act to impose withholding and estimated taxes to aid in the collection of income tax, approved January 28, 1960 (Ga. Laws 1960, p. 7), as amended, approved March 14, 1978 (Ga. Laws 1978, p. 982). (85) The following Acts 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: (A) An Act approved April 3, 1978 (Ga. Laws 1978, p. 1634). (B) An Act approved April 3, 1978 (Ga. Laws 1978, p. 1666). (C) An Act approved April 3, 1978 (Ga. Laws 1978, p. 1664). (D) An Act approved March 27, 1978 (Ga. Laws 1978, p. 1678). (E) An Act approved April 3, 1978 (Ga. Laws 1978, p. 1460). (F) An Act approved April 3, 1978 (Ga. Laws 1978, p. 1695). (G) An Act approved April 3, 1978 (Ga. Laws 1978, p. 1678). (H) An Act approved April 3, 1978 (Ga. Laws 1978, p. 1429). (86) An Act to amend an Act relating to the tax imposed upon motor carriers, approved March 21, 1968 (Ga. Laws 1968, p. 360), as amended, approved April 3, 1978 (Ga. Laws 1978, p. 1609).

"GA1979.1.129">

(87) 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, approved April 10, 1978 (Ga. Laws 1978, p. 2210). Section 115. 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 116. This Act shall become effective January 1, 1980. Section 117. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1979. GEORGIA TAX REFORM COMMISSION AMENDEDAUTHORITY TO EMPLOYEES. No. 1 (Senate Resolution No. 19). A RESOLUTION Amending a Resolution creating the Georgia Tax Reform Commission, approved March 16, 1978 (Ga. Laws 1978, p. 1076), so as to authorize the employees of the Commission to have access to certain information within the custody of the Georgia Department of Revenue under certain circumstances; to provide an effective date; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. A Resolution creating the Georgia Tax Reform Commission, approved March 16, 1978 (Ga. Laws 1978, p. 1076), is hereby amended by adding a new Section after Section 3 thereof, to be designated Section 3A, to read as follows: Section 3A. (a) Employees of the Commission may inspect, duplicate, take information from, and disseminate confidential materials, confidential documents and other confidential information within the custody of the Department of Revenue or the State Revenue Commissioner, but may do so only when acting in accordance with the following limitations: (1) No employee of the Commission may have such access to confidential materials, confidential documents, or other confidential information unless he is acting within the reasonable limitations guaranteeing against unauthorized disclosure of such materials, documents, and information, as are agreed to in writing by the State Revenue Commissioner and the Executive Director of the Commission. (2) No employee of the Commission may have such access unless his or her name is certified in writing to the State Revenue Commissioner by the Executive Director of the Commission. (3) No confidential information or confidential document obtained by, or coming into the possession of, an employee of the Commission as provided in this Section may be disseminated to any other person except an employee of the Commission whose name has been certified to the State Revenue Commissioner as provided in paragraph (2) or to an authorized employee of the Department of Revenue, except that the employee and the Commission may publish statistical information taken from such materials, documents, and other information when the publication does not reveal the name or identity of any particular taxpayer. Any unauthorized disclosure of such confidential materials, confidential documents, and other confidential information, except as provided in this paragraph, shall subject the offending employee to the same penalties specified by law for unauthorized disclosure of confidential information by an agent or employee of the Department of Revenue.

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(b) The provisions of this Section, to the extent of any conflict, shall supersede the provisions of Code Sections 92-3216 and 91A-3711 and any other law to the contrary. Section 1A. This Resolution is hereby repealed effective January 1, 1980. Section 2. This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Approved February 12, 1979. COUNTIES AND MUNICIPALITIESAUTHORITY TO ADOPT CERTAIN ORDINANCES RELATING TO SEXUAL OFFENSES. Code Section 26-2023 Enacted. No. 8 (House Bill No. 481). AN ACT To amend Code Chapter 26-20, relating to sexual offenses, as amended, so as to authorize counties and municipalities to adopt certain 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 Chapter 26-20, relating to sexual offenses, as amended, is hereby amended by adding immediately following Code Section 26-2022 a new Code Section, to be designated Code Section 26-2023, and to read as follows: 26-2023. Nothing contained in Code Chapter 26-20, relating to sexual offenses, shall prevent any county or municipality from

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adopting ordinances which proscribe loitering, or related activities, in public for the purpose of procuring others to engage in any sexual acts for hire. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1979. WELCOME CENTERS NEAR FEDERAL HIGHWAYS. Code Section 95A-903 Amended, Code Section 95A-936.1 Enacted. No. 9 (Senate Bill No. 13). AN ACT To amend an Act to provide for the construction of welcome centers at or near the entrance of federal highways into this State, approved April 23, 1969 (Ga. Laws 1969, p. 610), so as to authorize the Department of Industry and Trade, with the concurrence of the Department of Transportation, to provide for the installation and operation of vending machines and to sell nonalcoholic beverages, snacks, candy, cigarettes and other articles as determined by the Department of Industry and Trade to be necessary or desirable for the traveling public from these machines at such welcome centers at reasonable prices; to amend an Act to provide for establishment and operation of a State tourist center within the area of the domestic residence of any citizen of this State elected President of the United States, approved February 25, 1977 (Ga. Laws 1977, p. 200), so as to authorize the Department of Industry and Trade to provide for the installation and operation of vending machines and to sell nonalcoholic beverages, snacks, candy, cigarettes and other

"GA1979.1.133">

articles as determined by the Department of Industry and Trade to be necessary or desirable for the traveling public from these machines for a reasonable price at such tourist center; to amend Code Title 95A, relating to public transportation, so as to add between Section 95A-936 and 95A-937 a new Section 95A-936.1, so as to allow the Department of Transportation to provide for the installation and operation of vending machines at safety rest areas constructed on or located on the rights-of-way of the State Highway System; to amend Code Section 95A-903, relating to obstruction of, encroachment on, solicitation on, and material injury to public roads, so as to make clear the authority to install and operate vending machines provided by this Act; to amend an Act authorizing the operation of vending stands by blind or otherwise seriously disabled persons, approved February 13, 1956 (Ga. Laws 1956, p. 52), so as to exempt from the provisions of that Act sales of nonalcoholic beverages, snacks, candy, cigarettes and other articles in vending machines provided for in this Act; to provide for the disposition of all net revenue which is derived from the sales from vending machines provided for in this Act; to provide that no action shall be taken under the authority of this Act if such action would be in conflict with federal law or if it would cause the loss of federal aid highway funds to this State; to provide for severance of any Section, subsection, sentence, clause or phrase of this Act if they are determined to be invalid or unconstitutional so that the other sections, subsections, sentences, clauses or phrases will remain in full force and effect; to provide 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 construction of welcome centers at or near the entrance of federal highways into this State, approved April 23, 1969 (Ga. Laws 1969, p. 610), is hereby amended by striking from Section 3 the first and second sentences, which read: The State Highway Department is hereby authorized and directed to maintain the grounds surrounding said welcome centers in a neat, attractive condition. The Department of Industry and Trade is further authorized to lease space for the installation of vending machines in said welcome centers and allow the lessee to sell such articles as may be prescribed in such lease.,

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and substituting in lieu thereof the following: The Department of Industry and Trade, with the concurrence of the Department of Transportation, is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines non-alcoholic beverages, snacks, candy, cigarettes and other articles as determined by the Department of Industry and Trade to be necessary or desirable for the traveling public, at reasonable prices and that the prices charged for these products will approximate the prevailing rate within the area for similar items so as not to unfairly compete with private enterprise, such prices to be set by the Department of Industry and Trade., so that when so amended Section 3 shall read as follows: Section 3. The Department of Industry and Trade, with the concurrence of the Department of Transportation, is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarettes and other articles as determined by the Department of Industry and Trade to be necessary or desirable for the traveling public, at reasonable prices and that the prices charged for these products will approximate the prevailing rate within the area for similar items so as not to unfairly compete with private enterprise, such prices to be set by the Department of Industry and Trade. The Department of Industry and Trade is also authorized to provide for the sale or free distribution of articles and merchandise at said welcome centers in such manner as is deemed to be in the best interest of promoting the tourist trade in this State. Section 2. An Act providing for establishment and operation of a State tourist center within the area of the domestic residence of any citizen of this State elected President of the United States, approved February 25, 1977 (Ga. Laws 1977, p. 200), is hereby amended by adding at the end of subsection (c) of Section 1 of said Act the following: The Department of Industry and Trade is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines

"GA1979.1.135">

nonalcoholic beverages, snacks, candy, cigarettes and other articles as determined by the Department of Industry and Trade to be necessary or desirable for the traveling public at reasonable prices and that the prices charged for these products will approximate the prevailing rate within the area for similar items so as not to unfairly compete with private enterprise, such prices to be set by the Department., so that when so amended, said subsection shall read as follows: (c) The Department of Industry and Trade is further authorized to provide space for other commercial or noncommercial projects in the center and allow the persons to sell or provide such articles or services as may be prescribed in the lease, contract, franchise or other arrangement, as determined by the Department. The Department of Industry and Trade shall regulate the sale or free distribution of such articles, merchandise and services, by other persons at the center in the manner it deems to be in the best interest of promoting tourist trade in this State and otherwise furthering the purposes for which the center is created. The Department of Industry and Trade is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarettes and other articles as determined by the Department of Industry and Trade to be necessary or desirable for the traveling public at reasonable prices and that the prices charged for these products will approximate the prevailing rate within the area for similar items so as not to unfairly compete with private enterprise, such prices to be set by the Department. Section 3. Code Title 95A, relating to public transportation, as amended, is hereby amended by adding between Sections 95A-936 and 95A-937 a new Section 95A-936.1 to read as follows: 95A-936.1. Authorization of commercial activity. The Department is hereby authorized to install or provide for the installation of and to operate or provide for the operation of vending machines in safety rest areas, constructed on or located on the rights-of-way of the State Highway System. The vending machines may dispense nonalcoholic beverages, snacks, candy, cigarettes and other articles as determined by the Department to be necessary or desirable for the traveling public at reasonable prices and that the

"GA1979.1.136">

prices charged for these products will approximate the prevailing rate within the area for similar items so as not to unfairly compete with private enterprise, such prices to be set by the Department. Section 4. Code Section 95A-903, relating to obstruction of, encroachment on, solicitation on, and material injury to public roads, is hereby amended by adding at the end thereof the following: Provided, however, that nothing in this Section shall abridge or limit any authority provided by law for the installation and operation of vending machines at welcome centers, tourist centers, and safety rest areas., so that when so amended, said Code Section shall read as follows: 95A-903. Obstruction of, encroachment on, solicitation on, or material injury to public roads. It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or materially injure any part of any public road. Provided, however, that nothing in this Section shall abridge or limit any authority provided by law for the installation and operation of vending machines at welcome centers, tourist centers and safety rest areas. Section 5. An Act authorizing the operation of vending stands by blind or otherwise seriously disabled persons, approved February 13, 1956 (Ga. Laws 1956, p. 52), is hereby amended by adding at the end of Section 1 thereof the following: Provided, however, that nothing in this Act shall apply to or affect the sale of nonalcoholic beverages, snacks, candy, cigarettes and other articles from vending machines at welcome centers, tourist centers, or safety rest areas., so that when so amended Section 1 shall read as follows: Section 1. That for the purpose of providing blind or otherwise seriously disabled persons with remunerative employment, enlarging their economic opportunities and stimulating them to greater effort in striving to make themselves self-supporting, such blind or otherwise seriously disabled persons who are licensed by the Division of Vocational Rehabilitation of the State Department of Education,

"GA1979.1.137">

shall be authorized to operate vending stands on any State property where such vending stands may be properly and satisfactorily operated by blind or otherwise seriously disabled persons. In authorizing the operation of vending stands on State property, preference shall be given, so far as feasible, to blind or otherwise seriously disabled persons licensed by the Division of Vocational Rehabilitation of the State Department of Education as provided in this Act; and the head of each department or agency in control of the maintenance, operation and protection of State property shall, after consultation with the Director of the Division of Vocational Rehabilitation of the State Department of Education, and with the approval of the Governor, prescribe regulations designed to assure such preference (including assignment of vending machine income to achieve and protect such preference) for such licensed blind or otherwise seriously disabled persons without unduly inconveniencing such departments and agencies or adversely affecting the interests of the State of Georgia. Provided, however, that nothing in this Act shall apply to or affect the sale of nonalcoholic beverages, snacks, candy, cigarettes and other articles from vending machines at welcome centers, tourist centers and safety rest areas. Section 6. No action shall be taken under the authority provided by this Act by the Department of Industry and Trade or by the Department of Transportation until and unless a determination has been made by the Department of Transportation that action under the authority of this Act will neither be in conflict with any law of the United States or cause the loss of any federal aid highway funds to this State. Section 7. Notwithstanding any provision of Sections 92-3501 through 92-3503 and 92-3601 through 92-3604, as amended to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snacks, candy, cigarettes and other articles from vending machines at welcome centers and tourist centers shall be utilized by the Department of Industry and Trade to offset the cost of maintenance of all welcome centers and tourist centers and litter pickup in these areas. Notwithstanding any provision of Section 92-3501 through 92-3505 and 92-3601 through 92-3604 as amended, to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snacks, candy, cigarettes and other articles from vending machines at safety rest areas shall be utilized by the Department of Transportation to offset the cost of maintenance of all safety rest areas and litter pickup in these areas.

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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 upon its approval by the Governor or upon its becoming law without his approval. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1979. LAND CONVEYANCE OF PROPERTY TO CITY OF GAINESVILLE AUTHORIZED. No. 2 (House Resolution No. 147-520). A RESOLUTION Authorizing the conveyance of certain State owned property to the City of Gainesville, Georgia; and for other purposes. WHEREAS, the City of Gainesville made a gift of certain property to the State Department of Transportation for use as a right-of-way; and WHEREAS, a portion of the property is not required for such purposes and is, therefore, surplus property to the State of Georgia; and

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WHEREAS, the said portion of property is more particularly described as follows: All that tract or parcel of land lying and being in the 9th Land District, Georgia Militia District 411 of Hall County, being more particularly described as follows: BEGINNING at a point one hundred twenty-five (125) feet right of center line Station 64 + 50, Department of Transportation Project F-013-1 (19) Loop, Hall County (Queen City Parkway); thence along a bearing of North twenty (20) degrees twenty-one (21) minutes West for a distance of five hundred fourteen point seventy-two (514.72) feet more or less to a point; thence, along a bearing of South twenty-six (26) degrees and forty-eight (48) minutes East for a distance of two hundred fourteen point zero two (214.02) feet more or less to a point; thence, along a bearing of South fifteen (15) degrees and forty (40) minutes East for a distance of three hundred point fifty-five (300.55) feet more or less to the point of beginning. The above portion of land containing 6,434 Square Feet as shown on plat attached as Exhibit `A.'; and WHEREAS, the City of Gainesville is desirous of obtaining said tract of property for the purpose of constructing a building. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Transportation is hereby authorized and directed to convey to the City of Gainesville, Georgia, the hereinabove described tract of property for and in consideration of the sum of $10.00.

"GA1979.1.140">

"GA1979.1.141">

Approved February 23, 1979.

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DEPARTMENT OF PUBLIC SAFETYDRIVER'S RECORDS. Code Section 68B-215 Amended. No. 14 (House Bill No. 352). AN ACT To amend Code Section 68B-215, relating to records to be kept by the Department of Public Safety, as amended, so as to change the certifications which must be made in order to obtain an abstract of a driver's operating record; 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, as amended, is hereby amended by striking paragraph (2) of subsection (c) of said Section in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (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 and shall have certified that the information contained in the record will be used for no other purpose and that he has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1979.

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DEPARTMENT OF PUBLIC SAFETYSECURITY, ETC. FOR GOVERNOR'S FAMILY AND OTHERS. No. 20 (House Bill No. 12). 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 28, 1968 (Ga. Laws 1968, p. 475), so as to authorize the Security Guard Division of the Department of Public Safety to provide security to additional individuals; to provide the circumstances under which the members of the Governor's family may be transported by State-owned transportation facilities or at State expense; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, particularly by an Act approved March 28, 1968 (Ga. Laws 1968, p. 475), is hereby amended by striking in its entirety Section 2 of Article IIIA and substituting in lieu thereof the following: Section 2. The Commissioner of the Department of Public Safety shall be authorized to employ such number of security guards as may be necessary to keep watch over and protect the Governor and members of his immediate family, the Executive Department at the State Capitol or at such other place as the Executive Department may be removed, the Executive Center or other residence of the Governor of the State of Georgia, and such other State property and individuals as may be directed by the Governor. Members of the Governor's family for whom protection is provided by the Security Guard Division, when traveling with the Governor, when traveling on State-related business at the request of the Governor, or when in the judgment of the Commissioner of Public Safety security considerations

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so dictate, may be transported by means of State-owned transportation facilities, when appropriate, or at State expense by private carrier, when the use of such facilities are not practical or appropriate. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1979. SUPPLEMENTAL APPROPRIATIONS ACT. No. 23 (House Bill No. 133). AN ACT To amend an Act providing appropriations for the fiscal year 1978-79, known as the General Appropriations Act, approved March 30, 1978 (Ga Laws 1978, p. 1165), so as to change certain appropriations for the fiscal year 1978-79; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing appropriations for the fiscal year 1978-79, known as the General Appropriations Act, approved March 30, 1978 (Ga. Laws 1978, p. 1165), is hereby amended by striking the revenue estimate figure of $2,290,000,000 for fiscal year 1979 in the first paragraph following the enacting clause and substituting in lieu thereof a new revenue estimate of $2,568,000,000 for fiscal year 1979, and by striking the following:

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PART I. LEGISLATIVE BRANCH, and Sections 1 through 67, and inserting in lieu thereof the following: PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 8,995,000 1. Operations $ 8,595,000 Total Funds Budgeted $ 8,595,000 State Funds Budgeted $ 8,595,000 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 $ 8,595,000 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

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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 also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

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Section 2. Department of Audits. Budget Unit: Department of Audits $ 3,511,511 1. Operations $ 3,161,511 Total Funds Budgeted $ 3,161,511 State Funds Budgeted $ 3,161,511 2. Tax Ratio Study $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Budget Unit Object Classes: Operations $ 3,161,511 Tax Ratio Study $ 350,000 Passenger Carrying Motor Vehicles 22 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 1,577,994 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 $10,500 shall be allocated for the cost of Georgia's prorata share for the operation of the National Center for State Courts.

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Section 4. Superior Courts. Budget Unit: Superior Courts $ 11,683,637 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. 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, $291,110 is designated and committed for the Prosecuting Attorneys' Council for operations and $52,860 is designated and committed for the Sentence Review Panel. Provided, however, of the above appropriation $10,000 is designated and committed to

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attend the judicial college for judges with less than five years' experience. Section 5. Court of Appeals. Budget Unit: Court of Appeals $ 1,668,523 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 $ 532,600 Total Funds Budgeted $ 1,117,226 State Funds Budgeted $ 532,600 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

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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: $ 69,100 For the cost of operating the Council of Juvenile Court Judges. Section 11. Georgia Justice Courts Training Council. Budget Unit: $ 10,000 For the cost of operating the Georgia Justice Courts Training Council. PART III. EXECUTIVE BRANCH Section 12. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 34,976,805 1. State Properties Commission Budget: Personal Services $ 142,500 Regular Operating Expenses $ 21,058 Travel $ 3,072 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ 5,928 Telecommunications $ 2,000 Per Diem, Fees and Contracts $ 15,000 Total Funds Budgeted $ 193,058 State Funds Budgeted $ 193,058 Total Positions Budgeted 9 2. Departmental Administration Budget: Personal Services $ 673,707 Regular Operating Expenses $ 42,839 Travel $ 7,447 Motor Vehicle Equipment Purchases $ 8,416 Publications and Printing $ 3,800 Equipment Purchases $ 4,050 Computer Charges $ -0- Real Estate Rentals $ 35,868 Telecommunications $ 17,000 Per Diem, Fees and Contracts $ -0- Direct Payments to Georgia Building Authority for Capital Outlay $ 488,600 Direct Payments to Georgia Building Authority for Operations $ 1,958,700 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Total Funds Budgeted $ 4,090,427 State Funds Budgeted $ 4,090,427 Total Positions Budgeted 36 3. Fiscal and Self-Insurance Administration Budget: Personal Services $ 800,123 Regular Operating Expenses $ 44,673 Travel $ 34,103 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,825 Equipment Purchases $ 8,625 Computer Charges $ 3,978,125 Real Estate Rentals $ 28,980 Telecommunications $ 21,544 Per Diem, Fees and Contracts $ -0- Workers' Compensation $ 2,400,000 State Liability Self-Insurance Reserve $ -0- Unemployment Compensation Reserve $ 1,100,000 Public Safety Officers Indemnification Fund $ 1,409,109 Total Funds Budgeted $ 9,834,107 State Funds Budgeted $ 9,775,912 Total Positions Budgeted 46 4. Procurement Administration Budget: Personal Services $ 877,479 Regular Operating Expenses $ 72,449 Travel $ 7,624 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,670 Equipment Purchases $ 3,700 Computer Charges $ 187,000 Real Estate Rentals $ 44,732 Telecommunications $ 34,983 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,255,637 State Funds Budgeted $ 1,234,369 Total Positions Budgeted 55 5. General Services Administration Budget: Personal Services $ 172,451 Regular Operating Expenses $ 75,710 Travel $ 827 Motor Vehicle Equipment Purchases $ 21,322 Publications and Printing $ 100 Equipment Purchases $ 6,750 Computer Charges $ -0- Real Estate Rentals $ 1,220 Telecommunications $ 3,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 281,380 State Funds Budgeted $ 152,058 Total Positions Budgeted 14 6. Property Management Administration Budget: Personal Services $ 715,747 Regular Operating Expenses $ 243,592 Travel $ 23,739 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 15,200 Equipment Purchases $ 1,450 Computer Charges $ 23,560 Real Estate Rentals $ 26,029 Telecommunications $ 15,200 Per Diem, Fees and Contracts $ 9,450 Utilities $ 22,386 Total Funds Budgeted $ 1,111,353 State Funds Budgeted $ 333,981 Total Positions Budgeted 56 7. Data Processing Services Budget: Personal Services $ 10,942,371 Regular Operating Expenses $ 1,199,060 Travel $ 32,596 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,100 Equipment Purchases $ 5,231,075 Computer Charges $ 215,000 Rents and Maintenance Expense $ 10,325,000 Real Estate Rentals $ 907,477 Telecommunications $ 253,000 Per Diem, Fees and Contracts $ 1,400,000 Total Funds Budgeted $ 30,522,679 State Funds Budgeted $ 14,197,000 Total Positions Budgeted 693 8. Motor Pool Services Budget: Personal Services $ 340,833 Regular Operating Expenses $ 617,300 Travel $ 900 Motor Vehicle Equipment Purchases $ 248,338 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 $ 1,221,516 State Funds Budgeted $ -0- Total Positions Budgeted 29 9. Communication Services Budget: Personal Services $ 1,667,030 Regular Operating Expenses $ 304,142 Travel $ 8,702 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 44,000 Equipment Purchases $ 13,200 Computer Charges $ 76,000 Real Estate Rentals $ 42,118 Telecommunications $ 2,000 Per Diem, Fees and Contracts $ 15,500 Telephone Billings $ 16,320,000 Total Funds Budgeted $ 18,492,692 State Funds Budgeted $ 5,000,000 Total Positions Budgeted 109 10. Printing Services Budget: Personal Services $ 1,009,270 Regular Operating Expenses $ 1,127,614 Travel $ 3,217 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 800 Equipment Purchases $ 53,800 Computer Charges $ 5,250 Real Estate Rentals $ 111,472 Telecommunications $ 11,250 Per Diem, Fees and Contracts $ 630 Total Funds Budgeted $ 2,323,303 State Funds Budgeted $ -0- Total Positions Budgeted 77 11. Central Supply Services Budget: Personal Services $ 144,324 Regular Operating Expenses $ 1,805,070 Travel $ 400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,200 Equipment Purchases $ 6,605 Computer Charges $ -0- Real Estate Rentals $ 54,350 Telecommunications $ 4,500 Per Diem, Fees and Contracts $ 800 Total Funds Budgeted $ 2,018,249 State Funds Budgeted $ -0- Total Positions Budgeted 12 Budget Unit Object Classes: Personal Services $ 17,485,835 Regular Operating Expenses $ 5,553,507 Travel $ 122,627 Motor Vehicle Equipment Purchases $ 293,076 Publications and Printing $ 124,245 Equipment Purchases $ 5,334,830 Computer Charges $ 4,486,435 Real Estate Rentals $ 1,258,894 Telecommunications $ 369,777 Per Diem, Fees and Contracts $ 1,441,380 Rents and Maintenance Expense $ 10,325,000 Utilities $ 22,386 Workers' Compensation $ 2,400,000 Direct Payments to Georgia Building Authority for Operations $ 1,958,700 Direct Payments to Georgia Building Authority for Capital Outlay $ 488,600 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 State Liability Self-Insurance Reserve $ -0- Telephone Billings $ 16,320,000 Public Safety Officers Indemnity Fund $ 1,409,109 Unemployment Compensation Reserve $ 1,100,000 Total Positions Budgeted 1,136 Passenger Carrying Motor Vehicles 335 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. Provided, however, of the above appropriation relative to Unemployment Compensation, the Department is authorized to use $2,407 for payment of encumberance generated before July 1, 1978. It is the intent of this General Assembly that the Office of Planning and Budget and all other agencies of State government utilize federal funds wherever possible in connection with Workers' Compensation and Unemployment Compensation payments, and that no such payments shall be made to or on behalf of anyone other than bona fide State employees. It is the intent of this General Assembly that income to the Department of Administrative Services from user agencies shall not exceed the maximum amounts listed below for each services activity: General Services $ 281,380 Data Processing Service $ 31,370,546 Motor Pool Service $ 1,221,516 Communication Services $ 18,527,531 Printing Services $ 2,576,303 Central Supply Services $ 3,326,394 Total $ 57,303,670 except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service. Provided further, the State Auditor shall report any exceptions or violations of this intent in his annual financial audit of the Department of Administrative Services. Provided, it is the intent of this General Assembly that the Department shall not purchases, lease, or lease-purchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies. B. Budget Unit: Georgia Building Authority $ -0- 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 $ 488,600 Authority Lease Rentals $ 1,398,663 Utilities $ 2,500,000 Facilities Renovations Repairs $ 66,700 Total Funds Budgeted $ 12,005,426 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 $ 488,600 Authority Lease Rentals $ 1,398,663 Utilities $ 2,500,000 Facilities Renovations and Repairs $ 66,700 Total Positions Budgeted 403 Passenger Carrying Motor Vehicles 39

"GA1979.1.158">

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 13. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 18,839,412 1. Plant Industry Budget: Personal Services $ 2,469,773 Regular Operating Expenses $ 188,808 Travel $ 133,020 Motor Vehicle Equipment Purchases $ 38,400 Publications and Printing $ 11,000 Equipment Purchases $ 44,300 Computer Charges $ -0- Real Estate Rentals $ 2,200 Telecommunications $ 27,000 Per Diem, Fees and Contracts $ 8,100 Total Funds Budgeted $ 2,922,601 State Funds Budgeted $ 2,757,601 Total Positions Budgeted 184 2. Animal Industry Budget: Personal Services $ 767,620 Regular Operating Expenses $ 101,430 Travel $ 35,667 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 $ 6,000 Athens Veterinary Laboratory Contract $ 359,658 Tifton Veterinary Laboratory Contract $ 644,820 Poultry Improvement Contract $ 697,000 Veterinary Fees $ 500,000 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 $ 3,785,295 State Funds Budgeted $ 3,611,295 Total Positions Budgeted 49 3. Marketing Budget: Personal Services $ 665,254 Regular Operating Expenses $ 139,210 Travel $ 32,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,400 Equipment Purchases $ 4,700 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 25,361 Per Diem, Fees and Contracts $ 22,229 Authority Lease Rentals $ 1,410,000 Total Funds Budgeted $ 2,303,454 State Funds Budgeted $ 2,298,454 Total Positions Budgeted 38 4. Major Markets Budget: Personal Services $ 1,298,782 Regular Operating Expenses $ 548,480 Travel $ 13,881 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 $ 56,000 Total Funds Budgeted $ 1,990,643 State Funds Budgeted $ 536,851 Total Positions Budgeted 116 5. General Agricultural Field Forces Budget: Personal Services $ 1,547,798 Regular Operating Expenses $ 66,700 Travel $ 171,624 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 $ 1,815,772 State Funds Budgeted $ 1,815,772 Total Positions Budgeted 125 6. Internal Administration Budget: Personal Services $ 861,464 Regular Operating Expenses $ 81,800 Travel $ 58,379 Motor Vehicle Equipment Purchases $ 70,200 Publications and Printing $ 5,000 Equipment Purchases $ 2,000 Computer Charges $ 422,278 Real Estate Rentals $ 404,945 Telecommunications $ 36,700 Per Diem, Fees and Contracts $ 20,750 Advertising Contract $ 35,000 Total Funds Budgeted $ 1,998,516 State Funds Budgeted $ 1,998,516 Total Positions Budgeted 55 7. Information and Education Budget: Personal Services $ 108,864 Regular Operating Expenses $ 16,660 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 286,000 Equipment Purchases $ 1,500 Computer Charges -0- Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Market Bulletin Postage $ 264,000 Total Funds Budgeted $ 683,024 State Funds Budgeted $ 683,024 Total Positions Budgeted 9 8. Fuel and Measures Standards Budget: Personal Services $ 858,732 Regular Operating Expenses $ 134,060 Travel $ 75,573 Motor Vehicle Equipment Purchases $ 89,000 Publications and Printing $ 1,500 Equipment Purchases $ 43,050 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,214,915 State Funds Budgeted $ 1,208,915 Total Positions Budgeted 66 9. Consumer Services Budget: Personal Services $ 467,123 Regular Operating Expenses $ 50,920 Travel $ 15,802 Motor Vehicle Equipment Purchases $ 14,400 Publications and Printing $ 3,500 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,600 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 568,345 State Funds Budgeted $ 568,345 Total Positions Budgeted 29 10. Consumer Protection Field Forces Budget: Personal Services $ 2,028,036 Regular Operating Expenses $ 71,800 Travel $ 117,880 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 $ 2,279,366 State Funds Budgeted $ 1,940,837 Total Positions Budgeted 132 11. Meat Inspection Budget: Personal Services $ 2,060,085 Regular Operating Expenses $ 38,560 Travel $ 181,341 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 $ 2,371,371 State Funds Budgeted $ 983,643 Total Positions Budgeted 149 12. Fire Ant Control Budget: Personal Services $ 80,000 Regular Operating Expenses $ -0- Travel $ 22,659 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 $ 150,000 Total Funds Budgeted $ 252,659 State Funds Budgeted $ 252,659 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 $ 13,213,531 Regular Operating Expenses $ 1,438,428 Travel $ 859,126 Motor Vehicle Equipment Purchases $ 269,600 Publications and Printing $ 344,750 Equipment Purchases $ 121,335 Computer Charges $ 422,278 Real Estate Rentals $ 417,945 Telecommunications $ 214,261 Per Diem, Fees and Contracts $ 189,229 Market Bulletin Postage $ 264,000 Purchase of Bait and Airplane Contracts $ 150,000 Athens Veterinary Laboratory Contract $ 359,658 Tifton Veterinary Laboratory Contract $ 644,820 Poultry Improvement Contract $ 697,000 Veterinary Fees $ 500,000 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 $ 1,410,000 Direct Payments to Georgia Agrirama Development Authority for Operations $ 183,500 Total Positions Budgeted 952 Passenger Carrying Motor Vehicles 220 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- Georgia Agrirama Development Authority Budget: Personal Services $ 308,972 Regular Operating Expenses $ 74,179 Travel $ 8,313 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 19,800 Equipment Purchases $ 6,219 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,200 Per Diem, Fees and Contracts $ 18,450 Capital Outlay $ 25,949 Goods for Resale $ 47,700 Total Funds Budgeted $ 520,282 State Funds Budgeted $ -0- Total Positions Budgeted 30 Budget Unit Object Classes: Personal Services $ 308,972 Regular Operating Expenses $ 74,179 Travel $ 8,313 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 19,800 Equipment Purchases $ 6,219 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,200 Per Diem, Fees and Contracts $ 18,450 Capital Outlay $ 25,949 Goods for Resale $ 47,700 Total Positions Budgeted 30 Passenger Carrying Motor Vehicles 5

"GA1979.1.165">

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 2,204,074 Administration and Examination Budget: Personal Services $ 1,714,890 Regular Operating Expenses $ 50,925 Travel $ 318,614 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,715 Equipment Purchases $ 12,000 Computer Charges $ 7,100 Real Estate Rentals $ 40,330 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 35,500 Total Funds Budgeted $ 2,204,074 State Funds Budgeted $ 2,204,074 Total Positions Budgeted 92 Budget Unit Object Classes: Personal Services $ 1,714,890 Regular Operating Expenses $ 50,925 Travel $ 318,614 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,715 Equipment Purchases $ 12,000 Computer Charges $ 7,100 Real Estate Rentals $ 40,330 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 35,500 Total Positions Budgeted 92 Passenger Carrying Motor Vehicles 1

"GA1979.1.166">

Section 15. Department of Community Affairs . A. Budget Unit: Department of Community Affairs $ 2,425,315 1. Executive Office and Administrative Support: Personal Services $ 316,849 Regular Operating Expenses $ 34,741 Travel $ 9,725 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,500 Equipment Purchases $ 12,876 Computer Charges $ -0- Real Estate Rentals $ 32,315 Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 44,157 Total Funds Budgeted $ 465,163 State Funds Budgeted $ 376,746 Total Positions Budgeted 17 2. Technical Assistance: Personal Services $ 497,092 Regular Operating Expenses $ 13,400 Travel $ 44,391 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,500 Equipment Purchases $ -0- Computer Charges $ 1,500 Real Estate Rentals $ 33,885 Telecommunications $ 12,500 Per Diem, Fees and Contracts $ 33,600 Total Funds Budgeted $ 641,868 State Funds Budgeted $ 460,694 Total Positions Budgeted 27 3. Planning and Programming: Personal Services $ 212,780 Regular Operating Expenses $ 8,400 Travel $ 7,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,200 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,120 Per Diem, Fees and Contracts $ 1,780 Grants to Area Planning and Development Commissions $ 1,350,000 HUD 701 Planning Grants $ 750,000 Total Funds Budgeted $ 2,335,480 State Funds Budgeted $ 1,427,861 Total Positions Budgeted 10 4. Housing and Codes: Personal Services $ 158,684 Regular Operating Expenses $ 3,100 Travel $ 6,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ 5,000 Real Estate Rentals $ 10,065 Telecommunications $ 4,000 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 191,349 State Funds Budgeted $ 160,014 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 1,185,405 Regular Operating Expenses $ 59,641 Travel $ 67,816 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,200 Equipment Purchases $ 12,876 Computer Charges $ 6,500 Real Estate Rentals $ 76,265 Telecommunications $ 25,620 Per Diem, Fees and Contracts $ 81,537 Grants to Area Planning and Development Commissions $ 1,350,000 HUD 701 Planning Grants $ 750,000 Total Positions Budgeted 62 Passenger Carrying Motor Vehicles 2 B. Budget Unit: State Building Administrative Board $ 95,741 State Building Administrative Board Budget: Personal Services $ 79,935 Regular Operating Expenses $ 2,000 Travel $ 5,306 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 $ 98,241 State Funds Budgeted $ 95,741 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 79,935 Regular Operating Expenses $ 2,000 Travel $ 5,306 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 $ 71,034 Indian Affairs Commission Budget: Personal Services $ 120,701 Regular Operating Expenses $ 7,115 Travel $ 3,980 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,200 Equipment Purchases $ 300 Computer Charges $ -0- Real Estate Rentals $ 4,182 Telecommunications $ 2,953 Per Diem, Fees and Contracts $ 10,218 Total Funds Budgeted $ 150,649 State Funds Budgeted $ 71,034 Total Positions Budgeted 21 Budget Unit Object Classes: Personal Services $ 120,701 Regular Operating Expenses $ 7,115 Travel $ 3,980 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,200 Equipment Purchases $ 300 Computer Charges $ -0- Real Estate Rentals $ 4,182 Telecommunications $ 2,953 Per Diem, Fees and Contracts $ 10,218 Total Positions Budgeted 21 Passenger Carrying Motor Vehicles 0 D. Budget Unit: State Crime Commission $ 609,329 1. State Crime Commission Planning and Grant Administration Budget: Personal Services $ 624,363 Regular Operating Expenses $ 33,048 Travel $ 22,399 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 $ 774,922 State Funds Budgeted $ 96,329 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 $ 513,000 LEAA Planning $ 378,000 LEAA Action Carry Forward $ 9,209,555 LEAA Action Supplemental Award $ 192,417 LEAA State Buy-In Carry Forward $ 719,901 Total Funds Budgeted $ 18,987,873 State Funds Budgeted $ 513,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 624,363 Regular Operating Expenses $ 33,048 Travel $ 22,399 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 $ 513,000 LEAA Planning $ 378,000 LEAA Juvenile Justice $ 1,500,000 LEAA Action Carry Forward $ 9,209,555 LEAA Action Supplemental Award $ 192,417 LEAA State Buy-In Carry Forward $ 719,901 Total Positions Budgeted 31 Passenger Carrying Motor Vehicles 4 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. E. Budget Unit: Georgia Residential Finance Authority $ -0- Georgia Residential Finance Authority Budget: Personal Services $ 570,623 Regular Operating Expenses $ 123,810 Travel $ 33,100 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 30,000 Equipment Purchases $ 12,200 Computer Charges $ 42,550 Real Estate Rentals $ 27,640 Telecommunications $ 50,100 Per Diem, Fees and Contracts $ 276,635 Total Funds Budgeted $ 1,181,658 State Funds Budgeted $ -0- Total Positions Budgeted 33 Passenger Carrying Motor Vehicles 0 Budget Unit Object Classes: Personal Services $ 570,623 Regular Operating Expenses $ 123,810 Travel $ 33,100 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 30,000 Equipment Purchases $ 12,200 Computer Charges $ 42,550 Real Estate Rentals $ 27,640 Telecommunications $ 50,100 Per Diem, Fees and Contracts $ 276,635 Total Positions Budgeted 33 Passenger Carrying Motor Vehicles 0

"GA1979.1.172">

Section 16. Office of Comptroller General. Budget Unit: Office of Comptroller General $ 3,935,808 1. Internal Administration Budget: Personal Services $ 333,144 Regular Operating Expenses $ 57,902 Travel $ 9,646 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 $ 425,592 State Funds Budgeted $ 425,592 Total Positions Budgeted 19 2. Insurance Regulation Budget: Personal Services $ 631,146 Regular Operating Expenses $ 40,260 Travel $ 7,804 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,000 Equipment Purchases $ 1,248 Computer Charges $ 44,400 Real Estate Rentals $ 16,305 Telecommunications $ 23,500 Per Diem, Fees and Contracts $ 14,000 Computer Equipment and Feasibility Study $ 50,000 Total Funds Budgeted $ 855,663 State Funds Budgeted $ 845,663 Total Positions Budgeted 43 3. Industrial Loans Regulation Budget: Personal Services $ 265,235 Regular Operating Expenses $ 20,120 Travel $ 13,104 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 $ 310,359 State Funds Budgeted $ 310,359 Total Positions Budgeted 15 4. Information and Enforcement Budget: Personal Services $ 586,061 Regular Operating Expenses $ 29,260 Travel $ 16,388 Motor Vehicle Equipment Purchases $ 4,500 Publications and Printing $ 3,850 Equipment Purchases $ 3,640 Computer Charges $ -0- Real Estate Rentals $ 17,487 Telecommunications $ 13,000 Per Diem, Fees and Contracts $ 3,000 Total Funds Budgeted $ 677,186 State Funds Budgeted $ 677,186 Total Positions Budgeted 43 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,469,769 Regular Operating Expenses $ 84,760 Travel $ 137,828 Motor Vehicle Equipment Purchases $ 72,000 Publications and Printing $ 13,711 Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ 28,440 Telecommunications $ 25,500 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,837,008 State Funds Budgeted $ 1,677,008 Total Positions Budgeted 104 Budget Unit Object Classes: Personal Services $ 3,285,355 Regular Operating Expenses $ 232,302 Travel $ 184,770 Motor Vehicle Equipment Purchases $ 81,000 Publications and Printing $ 53,861 Equipment Purchases $ 9,888 Computer Charges $ 44,400 Real Estate Rentals $ 62,232 Telecommunications $ 80,000 Computer Equipment and Feasibility Study $ 50,000 Per Diem, Fees and Contracts $ 22,000 Total Positions Budgeted 224 Passenger Carrying Motor Vehicles 57

"GA1979.1.174">

Section 17. Department of Defense. Budget Unit: Department of Defense $ 1,979,512 1. Administration and Support of State Militia Budget: Personal Services $ 604,356 Regular Operating Expenses $ 86,644 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 $ 25,000 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 $ 803,497 State Funds Budgeted $ 803,497 Total Positions Budgeted 33 2. Civil Defense Budget: Personal Services $ 580,632 Regular Operating Expenses $ 68,400 Travel $ 15,494 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,250 Equipment Purchases $ 700 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,700 Per Diem, Fees and Contracts $ 16,500 Total Funds Budgeted $ 707,676 State Funds Budgeted $ 364,240 Total Positions Budgeted 33 3. Construction and Facilities Maintenance Budget: Personal Services $ 108,027 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 $ 535,999 State Funds Budgeted $ 535,999 Total Positions Budgeted 8 4. Disaster Preparedness and Recovery Budget: Personal Services $ 153,555 Regular Operating Expenses $ 6,781 Travel $ 25,193 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 $ 193,649 State Funds Budgeted $ -0- Total Positions Budgeted 9 5. Service Contracts Budget: Personal Services $ 1,533,913 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 $ 2,793,689 State Funds Budgeted $ 275,776 Total Positions Budgeted 117 Budget Unit Object Classes: Personal Services $ 2,980,483 Regular Operating Expenses $ 1,537,173 Travel $ 53,837 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 31,750 Equipment Purchases $ 13,947 Computer Charges $ -0- Real Estate Rentals $ 3,600 Telecommunications $ 50,120 Per Diem, Fees and Contracts $ 29,500 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

"GA1979.1.177">

Section 18. Economic Development Council of Georgia. Budget Unit: Economic Development Council of Georgia $ 50,653 Departmental Operations Budget: Personal Services $ 36,653 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 $ 50,653 State Funds Budgeted $ 50,653 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 36,653 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 1 Section 19. State Board of Education - Department of Education. A. Budget Unit: Department of Education $ 948,871,953 1. Instructional Services Budget: Personal Services $ 1,873,736 Regular Operating Expenses $ 321,850 Travel $ 189,888 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 118,639 Equipment Purchases $ 50,393 Computer Charges $ -0- Real Estate Rentals $ 100,524 Telecommunications $ 89,133 Per Diem, Fees and Contracts $ 343,021 Utilities $ 6,000 Total Funds Budgeted $ 3,093,184 State Funds Budgeted $ 1,171,607 Total Positions Budgeted 94 2. Governor's Honors Program Budget: Personal Services $ 224,413 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 $ 2,274 Telecommunications $ 4,800 Per Diem, Fees and Contracts $ 273,850 Total Funds Budgeted $ 564,457 State Funds Budgeted $ 563,320 Total Positions Budgeted 2 3. Vocational and Adult Education Budget: Personal Services $ 2,007,879 Regular Operating Expenses $ 168,180 Travel $ 158,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 37,093 Equipment Purchases $ 14,734 Computer Charges $ -0- Real Estate Rentals $ 95,907 Telecommunications $ 67,250 Per Diem, Fees and Contracts $ 1,182,831 Utilities $ 6,400 Total Funds Budgeted $ 3,738,674 State Funds Budgeted $ 1,214,321 Total Positions Budgeted 107 4. Media Services Budget: Personal Services $ 2,661,371 Regular Operating Expenses $ 1,806,284 Travel $ 82,121 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 198,360 Equipment Purchases $ 297,818 Computer Charges $ -0- Real Estate Rentals $ 7,458 Telecommunications $ 61,929 Per Diem, Fees and Contracts $ 223,654 Utilities $ 266,846 Capital Outlay $ 8,000 Total Funds Budgeted $ 5,613,841 State Funds Budgeted $ 4,523,204 Total Positions Budgeted 182 5. Public Library Services Budget: Personal Services $ 615,408 Regular Operating Expenses $ 422,238 Travel $ 25,296 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,600 Equipment Purchases $ 32,629 Computer Charges $ -0- Real Estate Rentals $ 97,218 Telecommunications $ 46,381 Per Diem, Fees and Contracts $ 140,291 Utilities $ 9,840 Total Funds Budgeted $ 1,403,901 State Funds Budgeted $ 674,733 Total Positions Budgeted 49 6. State Administration Budget: Personal Services $ 703,540 Regular Operating Expenses $ 74,590 Travel $ 74,490 Motor Vehicle Equipment Purchases $ 5,500 Publications and Printing $ 20,000 Equipment Purchases $ 16,350 Computer Charges $ -0- Real Estate Rentals $ 225,512 Telecommunications $ 42,650 Per Diem, Fees and Contracts $ 244,924 Total Funds Budgeted $ 1,407,556 State Funds Budgeted $ 1,047,178 Total Positions Budgeted 34 7. Administrative Services Budget: Personal Services $ 3,323,967 Regular Operating Expenses $ 162,715 Travel $ 230,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 229,674 Equipment Purchases $ 57,993 Computer Charges $ 1,178,571 Real Estate Rentals $ 179,660 Telecommunications $ 82,982 Per Diem, Fees and Contracts $ 275,873 Utilities $ 2,734 Total Funds Budgeted $ 5,725,069 Indirect DOAS Services Funding $ 130,000 State Funds Budgeted $ 3,284,371 Total Positions Budgeted 199 8. Certification of Public School Personnel Budget: Personal Services $ 320,392 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 $ 22,074 Telecommunications $ 8,180 Per Diem, Fees and Contracts $ 200 Total Funds Budgeted $ 376,686 State Funds Budgeted $ 366,281 Total Positions Budgeted 27 9. Planning and Development Budget: Personal Services $ 1,543,144 Regular Operating Expenses $ 88,259 Travel $ 116,825 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 47,957 Equipment Purchases $ 6,996 Computer Charges $ -0- Real Estate Rentals $ 79,098 Telecommunications $ 57,092 Per Diem, Fees and Contracts $ 1,090,105 Total Funds Budgeted $ 3,029,476 State Funds Budgeted $ 2,048,101 Total Positions Budgeted 82 10. Local Programs Budget: Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) $ 26,738,618 Direct Grants to School Systems for Capital Outlay Purposes $ 790,243 Cash Grants for Capital Outlay $ 63,443,262 Authority Lease Rentals $ 333,204 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 385,557,251 Salaries of Instructional Personnel (Sec. 5) $ 54,256,426 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 17,130,385 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 48,904,719 Pre-School Leadership Personnel (Sec. 21(c) (1)) $ 9,971 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 1,704,508 Instructional Media (Sec. 13) $ 16,088,995 Instructional Equipment (Sec. 14) $ 655,929 Maintenance and Operation (Sec. 15) $ 68,388,229 Sick and Personal Leave (Sec. 16) $ 5,027,811 Travel (Sec. 17) $ 743,387 Pupil Transportation - Regular (Sec. 25) $ 38,639,746 Pupil Transportation - Special (Sec. 25) $ 4,198,053 Isolated Schools $ 218,907 Selective Pre-School Development $ 23,997,175 Mid-Term Adjustment $ -0- Non-APEG Grants: Education of Children of Low-Income Families $ 79,336,445 Driver Education $ -0- Teacher Retirement $ 53,824,431 Instructional Services for the Handicapped $ 12,129,670 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 $ 3,912,445 School Lunch (Federal) $ 101,439,600 School Lunch (State) $ 12,580,000 Supplementary Education Centers and Services $ 3,560,724 Staff Development $ 981,950 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 $ 19,618,508 Area Vocational-Technical Schools $ 35,970,638 Research and Development Utilization $ 10,000 Junior College Vocational Program $ 826,772 Quick Start Program $ 1,500,000 Comprehensive Employment and Training $ 2,724,107 Vocational Research and Curriculum $ 987,003 Adult Education $ 3,378,297 Salaries and Travel of Public Librarians $ 3,218,460 Public Library Materials $ 3,020,598 Talking Book Centers $ 496,000 Public Library Maintenance and Operation $ 1,817,508 Public Library Construction $ 1,265,000 Comprehensive Planning $ 520,000 Competency-Based High School Graduation Requirements $ 250,000 Vocational Special Disadvantaged $ 926,062 Instructional Aides $ 7,066,407 Teacher Health Insurance $ 14,750,000 Special Projects $ -0- Nutritional Education $ -0- Regional ITV Projects $ 100,000 Area Vocational Technical School Construction $ 8,549,935 Total Funds Budgeted $ 1,157,819,115 State Funds Budgeted $ 933,978,837 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 13,273,850 Regular Operating Expenses $ 3,111,616 Travel $ 882,620 Motor Vehicle Equipment Purchases $ 5,500 Publications and Printing $ 677,083 Equipment Purchases $ 478,913 Computer Charges $ 1,178,571 Real Estate Rentals $ 809,725 Telecommunications $ 460,397 Per Diem, Fees and Contracts $ 3,774,749 Utilities $ 291,820 Capital Outlay $ 8,000 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 385,557,251 Salaries of Instructional Personnel (Sec. 5) $ 54,256,426 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 17,130,385 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 48,904,719 Pre-School Leadership Personnel (Sec. 21(c) (1)) $ 9,971 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 1,704,508 Instructional Media (Sec. 13) $ 16,088,995 Instructional Equipment (Sec. 14) $ 655,929 Maintenance and Operation (Sec. 15) $ 68,388,229 Sick and Personal Leave (Sec. 16) $ 5,027,811 Travel (Sec. 17) $ 743,387 Pupil Transportation - Regular (Sec. 25) $ 38,639,746 Pupil Transportation - Special (Sec. 25) $ 4,198,053 Isolated Schools $ 218,907 Selective Pre-School Development $ 23,997,175 Mid-Term Adjustment $ -0- Non-APEG Grants: Education of Children of Low-Income Families $ 79,336,445 Driver Education $ -0- Teacher Retirement $ 53,824,431 Instructional Services for the Handicapped $ 12,129,670 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 High School Program $ 19,618,508 Vocational Research and Curriculum $ 987,003 Adult Education $ 3,378,297 Area Vocational Technical Schools $ 35,970,638 Research and Development Utilization $ 10,000 Junior College Vocational Program $ 826,772 Quick Start Program $ 1,500,000 Comprehensive Employment and Training $ 2,724,107 Guidance, Counseling and Testing $ -0- School Library Resources and Other Materials $ 3,912,445 Salaries and Travel of Public Librarians $ 3,218,460 Public Library Materials $ 3,020,598 Talking Book Centers $ 496,000 Public Library Maintenance and Operation $ 1,817,508 Public Library Construction $ 1,265,000 School Lunch (Federal) $ 101,439,600 School Lunch (State) $ 12,580,000 Supplementary Education Centers and Services $ 3,560,724 Staff Development $ 981,950 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 595,000 Cooperative Educational Service Agencies $ 2,556,720 Superintendent's Salaries $ 3,500,154 Comprehensive Planning $ 520,000 Competency-Based High School Graduation Requirements $ 250,000 Vocational Special Disadvantaged $ 926,062 Instructional Aides $ 7,066,407 Teacher Health Insurance $ 14,750,000 Special Projects $ -0- Regional ITV Projects $ 100,000 Nutritional Education $ -0- Area Vocational Technical School Construction $ 8,549,935 Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) $ 26,738,618 Direct Grants to School Systems for Capital Outlay Purposes $ 790,243 Cash Grants for Capital Outlay $ 63,443,262 Authority Lease Rentals $ 333,204 Total Positions Budgeted 776 Passenger Carrying Motor Vehicles 17 B. Budget Unit: Institutions $ 10,966,010 1. Georgia Academy for the Blind Budget: Personal Services $ 1,669,925 Regular Operating Expenses $ 188,455 Travel $ 6,585 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,345 Equipment Purchases $ 31,130 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 11,059 Per Diem, Fees and Contracts $ 12,602 Utilities $ 115,000 Capital Outlay $ 12,000 Total Funds Budgeted $ 2,049,101 State Funds Budgeted $ 1,778,806 Total Positions Budgeted 152 2. Georgia School for the Deaf Budget: Personal Services $ 3,052,423 Regular Operating Expenses $ 552,223 Travel $ 7,294 Motor Vehicle Equipment Purchases $ 71,700 Publications and Printing $ -0- Equipment Purchases $ 57,796 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 36,500 Utilities $ 144,370 Capital Outlay $ 1,066,816 Authority Lease Rentals $ 23,400 Total Funds Budgeted $ 5,024,522 State Funds Budgeted $ 4,528,264 Total Positions Budgeted 273 3. Atlanta Area School for the Deaf Budget: Personal Services $ 1,152,809 Regular Operating Expenses $ 158,899 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 11,856 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 11,770 Per Diem, Fees and Contracts $ 53,500 Utilities $ 55,860 Capital Outlay $ -0- Total Funds Budgeted $ 1,451,694 State Funds Budgeted $ 1,277,386 Total Positions Budgeted 84 4. North Georgia Vocational-Technical School Budget: Personal Services $ 1,682,442 Regular Operating Expenses $ 449,241 Travel $ 17,690 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,960 Equipment Purchases $ 69,950 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 7,640 Per Diem, Fees and Contracts $ 10,700 Utilities $ 179,778 Capital Outlay $ 265,199 Authority Lease Rentals $ 54,750 Total Funds Budgeted $ 2,743,350 State Funds Budgeted $ 1,850,973 Total Positions Budgeted 106 5. South Georgia Vocational-Technical School Budget: Personal Services $ 1,378,989 Regular Operating Expenses $ 335,412 Travel $ 12,540 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,360 Equipment Purchases $ 56,438 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,150 Per Diem, Fees and Contracts $ 5,610 Utilities $ 160,000 Capital Outlay $ -0- Authority Lease Rentals $ 49,315 Total Funds Budgeted $ 2,009,814 State Funds Budgeted $ 1,355,265 Total Positions Budgeted 97 6. State Schools Administration Budget: Personal Services $ 139,791 Regular Operating Expenses $ 2,440 Travel $ 8,932 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 900 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,400 Per Diem, Fees and Contracts $ 30,000 Utilities $ 5,000 Total Funds Budgeted $ 200,463 State Funds Budgeted $ 175,316 Total Positions Budgeted 6 Budget Unit Object Classes: Personal Services $ 9,076,379 Regular Operating Expenses $ 1,686,670 Travel $ 57,041 Motor Vehicle Equipment Purchases $ 71,700 Publications and Printing $ 15,565 Equipment Purchases $ 227,170 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 64,019 Per Diem, Fees and Contracts $ 148,912 Utilities $ 660,008 Capital Outlay $ 1,344,015 Authority Lease Rentals $ 127,465 Total Positions Budgeted 718 Passenger Carrying Motor Vehicles 61

"GA1979.1.190">

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 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.

"GA1979.1.191">

Provided, further, that for said selective preschool 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 $8,718 for operational cost incurred by continued units and $11,467 for operational cost incurred by new units in preschool 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.

"GA1979.1.192">

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. 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.

"GA1979.1.193">

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 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.

"GA1979.1.194">

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 allotted teaching unit has been filled. 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

"GA1979.1.195">

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 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 $990,000 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.

"GA1979.1.196">

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 relative to Cash Grants for Capital Outlay, $50,499,987 is designated and committed for a school construction program throughout the State of Georgia which shall consist of the construction, equipping, and acquisition of school buildings and facilities, including vocational comprehensive high schools, and $13,043,275 is designated and committed for renovations. Provided, that of the above appropriation relating to Cash Grants to School Systems for Capital Outlay purposes, $125,000 is designated and committed for school facility planning in Bryan County. Provided, further, that these funds shall be made available only if the eligibility requirements for earning Capital Outlay funds are met. Provided, however, that of the above appropriation relating to High School Program, $86,000 is designated and committed for a State match of no more than 25% for construction at Cedartown Comprehensive High School, as approved by the State Superintendent of Schools. Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System $ -0- Employees' Retirement System Budget: Personal Services $ 447,000 Regular Operating Expenses $ 42,900 Travel $ 5,005 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 3,900 Computer Charges $ 133,603 Telecommunications $ 7,700 Per Diem, Fees and Contracts $ 325,000 Total Funds Budgeted $ 977,108 State Funds Budgeted $ -0- Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 447,000 Regular Operating Expenses $ 42,900 Travel $ 5,005 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 3,900 Computer Charges $ 133,603 Telecommunications $ 7,700 Per Diem, Fees and Contracts $ 325,000 Total Positions Budgeted 28 Passenger Carrying Motor Vehicles 1

"GA1979.1.197">

Section 21. Forestry Commission. Budget Unit: Forestry Commission $ 13,795,407 1. Reforestation Budget: Personal Services $ 502,016 Regular Operating Expenses $ 269,600 Travel $ 3,300 Motor Vehicle Equipment Purchases $ 39,700 Publications and Printing $ 900 Equipment Purchases $ 60,000 Computer Charges $ 10,216 Real Estate Rentals $ -0- Telecommunications $ 8,500 Per Diem, Fees and Contracts $ 55,045 Capital Outlay $ 19,500 Total Funds Budgeted $ 968,777 State Funds Budgeted $ 356,749 Total Positions Budgeted 30 2. Field Services Budget: Personal Services $ 10,836,667 Regular Operating Expenses $ 1,649,933 Travel $ 77,500 Motor Vehicle Equipment Purchases $ 1,252,014 Publications and Printing $ 17,600 Equipment Purchases $ 279,556 Computer Charges $ 25,270 Real Estate Rentals $ 12,104 Telecommunications $ 352,200 Per Diem, Fees and Contracts $ 165,734 Ware County Grant $ 60,000 Capital Outlay $ 166,000 Wood Energy $ 439,000 Total Funds Budgeted $ 15,333,578 State Funds Budgeted $ 12,327,034 Total Positions Budgeted 811 3. General Administration and Support Budget: Personal Services $ 502,128 Regular Operating Expenses $ 97,360 Travel $ 18,390 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 34,600 Equipment Purchases $ 6,220 Computer Charges $ 64,426 Real Estate Rentals $ -0- Telecommunications $ 13,800 Per Diem, Fees and Contracts $ 4,700 Contractual Research $ 392,000 Herty Foundation $ 45,000 Total Funds Budgeted $ 1,178,624 State Funds Budgeted $ 1,111,624 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 11,840,811 Regular Operating Expenses $ 2,016,893 Travel $ 99,190 Motor Vehicle Equipment Purchases $ 1,291,714 Publications and Printing $ 53,100 Equipment Purchases $ 345,776 Computer Charges $ 99,912 Real Estate Rentals $ 12,104 Telecommunications $ 374,500 Per Diem, Fees and Contracts $ 225,479 Contractual Research $ 392,000 Ware County Grant $ 60,000 Herty Foundation $ 45,000 Wood Energy $ 439,000 Capital Outlay $ 185,500 Total Positions Budgeted 869 Passenger Carrying Motor Vehicles 363

"GA1979.1.199">

Provided, that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Cooperative Forest Protection, Cooperative Forest Management, Insect and Disease, Forest Incentive and Public Service Employment Programs in the Field Services Activity of this Act, the Office of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants. 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 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 11,030,298 1. General Administration Budget: Personal Services $ 404,826 Regular Operating Expenses $ 29,925 Travel $ 5,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ 4,376 Real Estate Rentals $ 26,500 Telecommunications $ 15,500 Per Diem, Fees and Contracts $ 500 Total Funds Budgeted $ 489,327 State Funds Budgeted $ 484,951 Total Positions Budgeted 24 2. Investigative Division Budget: Personal Services $ 3,725,437 Regular Operating Expenses $ 498,702 Travel $ 253,800 Motor Vehicle Equipment Purchases $ 223,100 Publications and Printing $ 24,800 Equipment Purchases $ 110,155 Computer Charges $ 3,000 Real Estate Rentals $ 70,500 Telecommunications $ 150,000 Per Diem, Fees and Contracts $ 2,500 Evidence Purchased $ 145,106 Capital Outlay $ 95,000 Total Funds Budgeted $ 5,302,100 State Funds Budgeted $ 4,949,494 Total Positions Budgeted 187 3. Crime Laboratory Budget: Personal Services $ 1,474,323 Regular Operating Expenses $ 269,940 Travel $ 17,000 Motor Vehicle Equipment Purchases $ 30,000 Publications and Printing $ 3,300 Equipment Purchases $ 306,715 Computer Charges $ 192,200 Real Estate Rentals $ 27,700 Telecommunications $ 35,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,356,178 State Funds Budgeted $ 2,124,063 Total Positions Budgeted 79 4. Georgia Crime Information Center Budget: Personal Services $ 1,537,363 Regular Operating Expenses $ 147,464 Travel $ 15,951 Motor Vehicle Equipment Purchases $ 54,000 Publications and Printing $ 56,500 Equipment Purchases $ 11,528 Computer Charges $ 1,619,620 Real Estate Rentals $ 3,000 Telecommunications $ 287,900 Per Diem, Fees and Contracts $ 3,200 Total Funds Budgeted $ 3,736,526 State Funds Budgeted $ 3,471,790 Total Positions Budgeted 107 Budget Unit Object Classes: Personal Services $ 7,141,949 Regular Operating Expenses $ 946,031 Travel $ 292,451 Motor Vehicle Equipment Purchases $ 307,100 Publications and Printing $ 86,600 Equipment Purchases $ 428,398 Computer Charges $ 1,819,196 Real Estate Rentals $ 127,700 Telecommunications $ 488,400 Per Diem, Fees and Contracts $ 6,200 Evidence Purchased $ 145,106 Capital Outlay $ 95,000 Total Positions Budgeted 397 Passenger Carrying Motor Vehicles 224

"GA1979.1.201">

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, $91,000 is designated and committed to construct a new regional office in Perry, Georgia.

"GA1979.1.202">

Section 23. Georgia Franchise Practices Commission. Budget Unit: Georgia Franchise Practices Commission $ 51,588 Georgia Franchise Practices Commission Budget: Personal Services $ 33,626 Regular Operating Expenses $ 5,720 Travel $ 562 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 $ 51,588 State Funds Budgeted $ 51,588 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 33,626 Regular Operating Expenses $ 5,720 Travel $ 562 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 Section 24. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission $ 105,000,000 Departmental Operations Budget: Personal Services $ 686,891 Regular Operating Expenses $ 53,300 Travel $ 6,588 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 4,000 Computer Charges $ 31,600 Real Estate Rentals $ 44,820 Telecommunications $ 15,000 Per Diem, Fees and Contracts $ 203,000 Payments to Bond Trustees for Principal Funding of Outstanding Georgia Education Authority (Schools) Issues $ 105,000,000 Total Funds Budgeted $ 106,057,799 State Funds Budgeted $ 105,000,000 Total Positions Budgeted 33 Budget Unit Object Classes: Personal Services $ 686,891 Regular Operating Expenses $ 53,300 Travel $ 6,588 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 4,000 Computer Charges $ 31,600 Real Estate Rentals $ 44,820 Telecommunications $ 15,000 Per Diem, Fees and Contracts $ 203,000 Payments to Bond Trustees for Principal Funding of Outstanding Georgia Education Authority (Schools) Issues $ 105,000,000 Total Positions Budgeted 33 Passenger Carrying Motor Vehicles 0

"GA1979.1.203">

It is the intent of this General Assembly that this $105,000,000 appropriation be utilized by the Georgia State Financing and Investment Commission for the purpose of full-funding outstanding issues of the Georgia Education Authority (Schools) to the greatest extent feasible. In the event that an amount of this appropriation

"GA1979.1.204">

remains which is not sufficient to full-fund an additional issue of such bonds, the Georgia State Financing and Investment Commission is authorized to utilize such remainder to purchase any outstanding Authority bonds which may be available. Section 25. Office of the Governor. A. Budget Unit: Governor's Office $ 3,502,409 1. Governor's Office Budget: Cost of Operations $ 1,210,746 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 77,497 Total Funds Budgeted $ 3,328,243 State Funds Budgeted $ 3,306,100 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. Office of Fair Employment Practices Budget: Personal Services $ 234,323 Regular Operating Expenses $ 19,994 Travel $ 15,360 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,100 Equipment Purchases $ 9,350 Computer Charges $ -0- Real Estate Rentals $ 7,820 Telecommunications $ 9,866 Per Diem, Fees and Contracts $ 62,474 Total Funds Budgeted $ 365,287 State Funds Budgeted $ 196,309 Total Positions Budgeted 14 Budget Unit Object Classes: Cost of Operations $ 1,210,746 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 77,497 Personal Services $ 234,323 Regular Operating Expenses $ 19,994 Travel $ 15,360 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,100 Equipment Purchases $ 9,350 Computer Charges $ -0- Real Estate Rentals $ 7,820 Telecommunications $ 9,866 Per Diem, Fees and Contracts $ 62,474 Total Positions Budgeted 14 Total Passenger Carrying Vehicles 1 B. Budget Unit: Office of Planning and Budget $ 4,157,152 1. General Administration and Support Budget: Personal Services $ 288,314 Regular Operating Expenses $ 26,800 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,000 Equipment Purchases $ 13,000 Computer Charges $ -0- Real Estate Rentals $ 136,165 Telecommunications $ 17,000 Per Diem, Fees and Contracts $ 40,500 Payments to Regional Commissions $ 143,583 Total Funds Budgeted $ 700,362 State Funds Budgeted $ 700,362 Total Positions Budgeted 15 2. Council of the Arts Budget: Personal Services $ 134,173 Regular Operating Expenses $ 10,230 Travel $ 8,749 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 $ 1,224,159 Total Funds Budgeted $ 1,406,436 State Funds Budgeted $ 814,393 Total Positions Budgeted 5 3. Educational Development Budget: Personal Services $ 186,662 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 $ 203,114 State Funds Budgeted $ 188,114 Total Positions Budgeted 9 4. Intergovernmental Relations Budget: Personal Services $ 164,005 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 $ 193,625 State Funds Budgeted $ 193,625 Total Positions Budgeted 8 5. Management Review Budget: Personal Services $ 442,420 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 $ 492,412 State Funds Budgeted $ 446,038 Total Positions Budgeted 22 6. Human Development Budget: Personal Services $ 232,537 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 $ 250,199 State Funds Budgeted $ 230,199 Total Positions Budgeted 10 7. Office of Consumer Affairs: Personal Services $ 682,396 Regular Operating Expenses $ 52,552 Travel $ 14,760 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 $ 949,091 State Funds Budgeted $ 669,403 Total Positions Budgeted 50 8. State Energy Office Budget: Personal Services $ 368,024 Regular Operating Expenses $ 31,218 Travel $ 46,847 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 115,430 Equipment Purchases $ 7,215 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,391 Per Diem, Fees and Contracts $ 1,269,973 Total Funds Budgeted $ 1,859,098 State Funds Budgeted $ 153,000 Total Positions Budgeted 12 9. Governor's Committee on Post-Secondary Education Budget: Personal Services $ 90,234 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 $ 131,474 State Funds Budgeted $ 55,294 Total Positions Budgeted 4 10. Facilities Management Budget: Personal Services $ 70,282 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 $ 78,612 State Funds Budgeted $ 78,612 Total Positions Budgeted 3 11. Physical and Economic Development Budget: Personal Services $ 532,103 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 $ 692,463 State Funds Budgeted $ 254,463 Total Positions Budgeted 27 12. General Government and Protection of Persons and Property Budget: Personal Services $ 278,677 Regular Operating Expenses $ 6,269 Travel $ 13,908 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 $ 248,686 Total Funds Budgeted $ 553,190 State Funds Budgeted $ 276,296 Total Positions Budgeted 12 13. Consumer's Utility Counsel Budget: Personal Services $ 215,153 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 $ 265,353 State Funds Budgeted $ 97,353 Total Positions Budgeted 13 Budget Unit Object Classes: Personal Services $ 3,684,980 Regular Operating Expenses $ 201,846 Travel $ 182,014 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 177,330 Equipment Purchases $ 33,864 Computer Charges $ 48,000 Real Estate Rentals $ 215,215 Telecommunications $ 192,529 Per Diem, Fees and Contracts $ 1,671,909 Art Grants $ 1,224,159 Payments to Regional Commissions $ 143,583 Total Positions Budgeted 190 Passenger Carrying Motor Vehicles 0

"GA1979.1.210">

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

"GA1979.1.211">

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 $ 135,902,925 1. General Administration and Support Budget: Personal Services $ 8,942,179 Regular Operating Expenses $ 745,777 Travel $ 368,169 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 123,335 Equipment Purchases $ 10,166 Computer Charges $ 1,650,000 Real Estate Rentals $ 1,235,840 Telecommunications $ 351,916 Per Diem, Fees and Contracts $ 1,502,049 Utilities $ 55,300 Postage $ 430,937 Institutional Repairs and Maintenance $ 500,000 Capital Outlay $ 470,000 Total Funds Budgeted $ 16,385,668 Indirect DOAS Services Funding $ 2,134,500 Agency Funds $ 7,829,807 State Funds Budgeted $ 6,421,361 Total Positions Budgeted 557 Passenger Carrying Motor Vehicles 7

"GA1979.1.212">

General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office $ 530,487 $ 530,487 19 Volunter Services $ 226,723 $ 226,723 9 District Programs-Director's Office $ 299,567 $ 299,567 13 Planning and Evaluation $ 421,074 $ 421,074 24 Child Support Recovery $ 1,139,786 $ 286,947 69 Contract Management $ 144,858 $ 144,858 7 Public Relations and Information $ 280,649 $ 280,649 14 Special Administrative Services $ 536,517 $ 536,517 29 Administrative Policy, Coordination and Direction $ 101,013 $ 101,013 3 Personnel $ 1,649,326 $ 1,608,726 82 Administrative Support Services $ 1,724,866 $ 1,509,866 63 Systems Planning, Development and Training $ 185,604 $ 185,604 9 Title XX Administration $ 2,647,823 $ 268,761 56 Electronic Data Processing, Planning and Coordination $ 1,250,000 $ 50,000 0 Facilities Management $ 2,081,677 $ 1,281,677 5 Regulatory Services $ 3,165,698 $ 1,467,268 155 Indirect Cost $ -0- $ (2,776,376) 0 Undistributed $ -0- $ -0- 0 Total $ 16,385,668 $ 6,421,361 557

"GA1979.1.213">

2. Financial Management Budget: Personal Services $ 3,235,217 Regular Operating Expenses $ 98,670 Travel $ 119,089 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,100 Equipment Purchases $ 22,555 Computer Charges $ -0- Real Estate Rentals $ 43,740 Telecommunications $ 800 Per Diem, Fees and Contracts $ 176,000 Utilities $ 100 Postage $ 150 Total Funds Budgeted $ 3,715,421 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,470,333 State Funds Budgeted $ 2,245,088 Total Positions Budgeted 214 Passenger Carrying Motor Vehicles 0 Financial Management Functional Budgets Total Funds State Funds Pos. Budget Administration $ 557,974 $ 557,974 24 Accounting Services $ 1,891,940 $ 1,891,940 132 Auditing Services $ 1,265,507 $ 1,218,798 58 Indirect Cost $ -0- $ (1,423,624) $ -0- Undistributed $ -0- $ -0- 0 Total $ 3,715,421 $ 2,245,088 214

"GA1979.1.214">

3. Special Programs: Personal Services $ 887,127 Regular Operating Expenses $ 48,590 Travel $ 45,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,800 Equipment Purchases $ 8,000 Computer Charges $ 20,000 Real Estate Rentals $ 57,335 Telecommunications $ 35,690 Per Diem, Fees and Contracts $ 3,199,900 Utilities $ -0- Postage $ 1,000 Benefits for Child Care $ 445,000 Grant to Parent-Child Center $ 11,000 Total Funds Budgeted $ 4,775,842 Indirect DOAS Services Funding $ -0- Agency Funds $ 3,817,974 State Funds Budgeted $ 957,868 Total Positions Budgeted 53 Passenger Carrying Motor Vehicles 4 Special Programs Functional Budgets Total Funds State Funds Pos. State Economic Opportunity Office $ 3,388,053 $ 107,588 20 Mental Health/Mental Retardation Advisory Council $ 71,407 $ 71,407 2 Council on Family Planning $ 95,484 $ 9,549 5 Council on Aging $ 37,601 $ 37,601 2 Special Projects $ 111,000 $ 111,000 0 Development Disabilities $ 247,047 $ -0- 7 Council on Maternal And Infant Health $ 107,547 $ 107,547 5 Appalachian Health and Child Development $ 272,703 $ 68,176 12 Specialized Institutional Foster Care $ 445,000 $ 445,000 0 Undistributed $ -0- $ -0- 0 Total $ 4,775,842 $ 957,868 53

"GA1979.1.215">

4. Physical Health - Program Direction and Support Budget: Personal Services $ 1,495,727 Regular Operating Expenses $ 104,881 Travel $ 50,091 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 59,653 Equipment Purchases $ 2,130 Computer Charges $ -0- Real Estate Rentals $ 11,800 Telecommunications $ 154,300 Per Diem, Fees and Contracts $ 238,354 Utilities $ -0- Postage $ 1,200 Total Funds Budgeted $ 2,118,136 Indirect DOAS Services Funding $ 143,000 Agency Funds $ 527,167 State Funds Budgeted $ 1,447,969 Total Positions Budgeted 102 Passenger Carrying Motor Vehicles 0 Physical Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 299,349 $ 156,349 5 Employee's Health $ 223,842 $ 140,842 11 Primary Health Care $ 372,985 $ 114,859 10 Office of Professional Services $ 142,455 $ 35,614 5 Health Program Management $ 226,438 $ 216,238 13 Vital Records $ 643,842 $ 643,842 47 Health Services Research $ 209,225 $ 104,225 11 Undistributed $ -0- $ -0 0 Total $ 2,118,136 $ 1,447,969 102

"GA1979.1.216">

5. Physical Health - Family Health Budget: Personal Services $ 3,467,185 Regular Operating Expenses $ 886,719 Travel $ 142,858 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 108,834 Equipment Purchases $ 33,385 Computer Charges $ 141,500 Real Estate Rentals $ 266,165 Telecommunications $ 50,300 Per Diem, Fees and Contracts $ 5,416,292 Utilities $ -0- Postage $ 10,890 Regional Grants for Prenatal and Postnatal Care Programs $ 2,989,000 Crippled Children Benefits $ 4,038,364 Kidney Disease Benefits $ 450,000 Cancer Control Benefits $ 1,690,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 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 Total Funds Budgeted $ 20,242,647 Indirect DOAS Services Funding $ -0- Agency Funds $ 9,525,104 State Funds Budgeted $ 10,717,543 Total Positions Budgeted 223 Passenger Carrying Motor Vehicles 5

"GA1979.1.217">

Physical Health - Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management $ 5,167,792 $ 222,324 20 Birth Defects $ 6,126,187 $ 3,414,515 102 Maternal Health $ 183,368 $ 183,368 7 Infant and Child Health $ 3,582,693 $ 3,494,137 17 Chronic Disease $ 3,987,686 $ 3,151,665 49 Malnutrition $ 328,906 $ -0- 7 Family Planning $ 682,814 $ 68,333 15 Dental Health $ 183,201 $ 183,201 6 Undistributed $ -0- $ -0- 0 Total $ 20,242,647 $ 10,717,543 223

"GA1979.1.218">

6. Physical Health - Community Health Budget: Personal Services $ 4,396,097 Regular Operating Expenses $ 1,262,135 Travel $ 162,861 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 71,135 Equipment Purchases $ 97,705 Computer Charges $ 18,540 Real Estate Rentals $ 29,545 Telecommunications $ 12,275 Per Diem, Fees and Contracts $ 516,460 Utilities $ -0- Postage $ 22,595 Facilities Construction Grants $ -0- Total Funds Budgeted $ 6,589,348 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,099,358 State Funds Budgeted $ 5,489,990 Total Positions Budgeted 274 Passenger Carrying Motor Vehicles 5 Physical Health - Community Health Functional Budgets Total Funds State Funds Pos. Environmental Health - Director's Office $ 243,745 $ 203,716 8 General Sanitation $ 208,758 $ 208,758 9 Institutional Health $ 99,359 $ 99,359 4 Radiological Health $ 293,194 $ 293,194 13 Occupational Health $ 199,628 $ 199,628 10 Land Use $ 134,896 $ 134,896 6 Epidemiology $ 583,789 $ 583,789 6 Immunization $ 351,313 $ -0- 23 Venereal Disease $ 171,217 $ 171,217 7 Tuberculosis Control $ 895,568 $ 718,568 26 Laboratory Services $ 2,636,522 $ 2,453,046 145 Emergency Health $ 771,359 $ 423,819 17 Undistributed $ -0- $ -0- 0 Total $ 6,589,348 $ 5,489,990 274

"GA1979.1.219">

7. Physical Health - Local Services Budget: Personal Services $ 9,111,894 Regular Operating Expenses $ 10,654,478 Travel $ 486,270 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 29,826 Equipment Purchases $ 72,242 Computer Charges $ -0- Real Estate Rentals $ 99,680 Telecommunications $ 94,260 Per Diem, Fees and Contracts $ 3,667,108 Utilities $ 12,550 Postage $ 23,080 Family Planning Benefits $ 96,000 Midwifery Program Benefits $ 175,000 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 $ 18,800,881 Total Funds Budgeted $ 46,983,859 Indirect DOAS Services Funding $ 60,000 Agency Funds $ 24,356,035 State Funds Budgeted $ 22,567,824 Total Positions Budgeted 586 Passenger Carrying Motor Vehicles 2

"GA1979.1.220">

Physical Health - Local Services Functional Budgets Total Funds State Funds Pos. Minimum Foundation $ 5,786,598 $ 5,594,234 255 Grant-In-Aid to Counties $ 14,164,707 $ 11,096,602 0 Stroke and Heart Attack Prevention $ 718,722 $ 520,222 26 Family Planning $ 4,771,543 $ 477,153 198 Sickle Cell, Vision and Hearing $ 262,132 $ 262,132 16 Sexually Transmitted Diseases $ 815,569 $ 97,779 26 High Risk Pregnant Women and Their Infants $ 3,838,003 $ 3,731,858 19 Newborn Follow-Up Care $ 195,109 $ 195,109 12 District Dental $ 592,735 $ 592,735 18 Comprehensive Maternal and Infant Care Project $ 246,583 $ -0- 9 Mental Retardation Projects $ 209,110 $ -0- 0 Malnutrition $ 15,383,048 $ -0- 7 Undistributed $ -0- $ -0- 0 Total $ 46,983,859 $ 22,567,824 586

"GA1979.1.221">

8. Mental Health - Program Direction and Support Budget: Personal Services $ 2,576,849 Regular Operating Expenses $ 142,757 Travel $ 165,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 67,388 Equipment Purchases $ 13,296 Computer Charges $ 636,000 Real Estate Rentals $ 95,045 Telecommunications $ 103,940 Per Diem, Fees and Contracts $ 474,601 Utilities $ 2,527 Postage $ 3,669 Total Funds Budgeted $ 4,281,072 Indirect DOAS Services Funding $ 625,000 Agency Funds $ 1,291,832 State Funds Budgeted $ 2,364,240 Total Positions Budgeted 156 9. Title XX Administration: Personal Services $ 1,130,510 Regular Operating Expenses $ 29,913 Travel $ 42,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 92,700 Telecommunications $ 35,000 Per Diem, Fees and Contracts $ 26,447,678 Utilities $ -0- Postage $ -0- Total Funds Budgeted $ 27,784,301 Agency Funds $ 25,156,625 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 2,627,676 Total Positions Budgeted 63

"GA1979.1.222">

Title XX Administration Functional Budgets Total Funds State Funds Pos. Contract Management $ 1,459,623 $ 144 63 Day Care $ 19,210,142 $ 1,454,488 0 Foster Care for Children $ 101,937 $ -0- 0 Chore/Homemaker $ 1,164,762 $ 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 $ 27,784,301 $ 2,627,676 63

"GA1979.1.223">

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 $ 496,106 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 $ 8,469,264 Chatham County Homemaker Project $ 366,330 Fulton County Homemaker Project $ 205,735 Total Funds Budgeted $ 10,567,435 Agency Funds $ 6,393,015 State Funds Budgeted $ 4,174,420 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 $ 3,036,780 $ 1,037,957 0 AFDC - Institutional Foster Care $ 946,819 $ 323,623 0 Specialized Foster Care $ 195,000 $ 157,500 0 Child Welfare - Family Foster Care $ 3,121,825 $ 1,636,000 0 Adoption Supplement $ 80,000 $ 65,000 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 Homemaker Meals $ 246,106 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 10,567,435 $ 4,174,420 0

"GA1979.1.225">

11. Community Youth Services Administration: Personal Services $ 496,120 Regular Operating Expenses $ 14,170 Travel $ 15,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,450 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 26,150 Telecommunications $ 15,895 Per Diem, Fees and Contracts $ 4,500 Utilities $ -0- Postage $ -0- Benefits for Child Care $ -0- Total Funds Budgeted $ 574,685 Indirect DOAS Services Funding $ -0- Agency Funds $ 32,871 State Funds Budgeted $ 541,814 Total Positions Budgeted 32 Passenger Carrying Motor Vehicles 0 12. Services to the Aged Budget: Personal Services $ 489,217 Regular Operating Expenses $ 17,799 Travel $ 29,846 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 36,400 Telecommunications $ 12,030 Per Diem, Fees and Contracts $ 1,297,675 Utilities $ -0- Postage $ -0- Areawide and Community Grants $ 2,824,772 Nutrition Grants $ 5,288,770 Total Funds Budgeted $ 9,999,009 Indirect DOAS Services Funding $ -0- Agency Funds $ 9,492,931 State Funds Budgeted $ 506,078 Total Positions Budgeted 28

"GA1979.1.226">

Services to the Aged Functional Budgets Total Funds State Funds Pos. Administration and Planning $ 1,885,467 $ 242,078 28 Nutrition Grants $ 5,288,770 $ 264,000 0 Areawide Grants $ 2,824,772 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 9,999,009 $ 506,078 28 13. Vocational Rehabilitation - Program Direction and Support Budget: Personal Services $ 804,821 Regular Operating Expenses $ 95,604 Travel $ 38,312 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,960 Equipment Purchases $ 7,600 Computer Charges $ 253,000 Real Estate Rentals $ -0- Telecommunications $ 25,000 Per Diem, Fees and Contracts $ 323,622 Utilities $ -0- Postage $ 3,000 Case Services $ 225,000 Grants for Nephrology Centers $ 185,000 Total Funds Budgeted $ 1,976,919 Indirect DOAS Services Funding $ 100,000 Agency Funds $ 1,552,611 State Funds Budgeted $ 324,308 Total Positions Budgeted 41

"GA1979.1.227">

Vocational Rehabilitations - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 1,198,292 $ 110,645 37 Grants Management $ 778,627 $ 213,663 4 Undistributed -0- -0- 0 Total $ 1,976,919 $ 324,308 41 14. Vocational Rehabilitation - Facilities Budget: Personal Services $ 3,404,440 Regular Operating Expenses $ 200,210 Travel $ 41,500 Motor Vehicle Equipment Purchases $ 16,300 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 $ 20,000 Case Services $ -0- Total Funds Budgeted $ 4,089,770 Indirect DOAS Services Funding $ 100,000 Agency Funds $ 2,940,600 State Funds Budgeted $ 1,049,170 Total Positions Budgeted 223 Passenger Carrying Motor Vehicles 12

"GA1979.1.228">

Vocational Rehabilitation - Facilities Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 415,365 $ 76,501 13 Atlanta Rehabilitation Center $ 1,207,710 $ 350,074 61 Alto Rehabilitation Center $ 655,145 $ 206,371 38 Cave Spring Rehabilitation Center $ 258,220 $ 82,630 16 Yarbrough Rehabilitation Center $ 1,210,482 $ 293,926 71 Georgia Vocational Adjustment Center - Gracewood $ 342,848 $ 39,668 24 Undistributed $ -0- $ -0- 0 Total $ 4,089,770 $ 1,049,170 223 15. Roosevelt Warm Springs Rehabilitation Services - Hospital Services: Personal Services $ 3,758,859 Regular Operating Expenses $ 735,910 Travel $ 19,000 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 3,500 Equipment Purchases $ 17,250 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 100,000 Per Diem, Fees and Contracts $ 403,815 Utilities $ 327,700 Postage $ 6,100 Case Services $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 5,379,134 Agency Funds $ 4,859,034 State Funds Budgeted $ 520,100 Total Positions Budgeted 346 Passenger Carrying Motor Vehicles 9 16. Georgia Factory for the Blind Budget: Personal Services $ 1,270,135 Regular Operating Expenses $ 2,851,820 Travel $ 11,000 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 $ 4,344,450 Agency Funds $ 4,061,964 State Funds Budgeted $ 282,486 Total Positions Budgeted 24 Passenger Carrying Motor Vehicles 7

"GA1979.1.229">

Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 3,992,190 $ -0- 0 Supervision $ 261,645 $ 261,645 19 Vocational Rehabilitation Unit $ 90,615 $ 20,841 5 Undistributed $ -0- $ -0- 0 Total $ 4,344,450 $ 282,486 24

"GA1979.1.230">

17. Vocational Rehabilitation - Services Budget: Personal Services $ 10,545,083 Regular Operating Expenses $ 463,525 Travel $ 370,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 13,940 Computer Charges $ 45,000 Real Estate Rentals $ 488,153 Telecommunications $ 255,000 Per Diem, Fees and Contracts $ 416,500 Utilities $ 90,770 Postage $ 65,280 Case Services $ 15,070,000 Total Funds Budgeted $ 27,826,251 Indirect DOAS Services Funding $ 200,000 Agency Funds $ 21,332,066 State Funds Budgeted $ 6,294,185 Total Positions Budgeted 699 Passenger Carrying Motor Vehicles 3 18. Roosevelt Warm Springs Rehabilitation Services - Rehabilitative Services Budget: Personal Services $ 1,433,490 Regular Operating Expenses $ 210,500 Travel $ 10,264 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 $ 4,000 Case Services $ 85,000 Total Funds Budgeted $ 2,354,919 Agency Funds $ 1,886,091 State Funds Budgeted $ 468,828 Total Positions Budgeted 109 Passenger Carrying Motor Vehicles 12 19. Vocational Rehabilitation - Disability Adjudication Budget: Personal Services $ 4,341,699 Regular Operating Expenses $ 139,658 Travel $ 28,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 33,000 Equipment Purchases $ 50,000 Computer Charges $ -0- Real Estate Rentals $ 332,243 Telecommunications $ 280,000 Per Diem, Fees and Contracts $ 180,000 Utilities $ -0- Postage $ 100,000 Case Services $ 4,512,128 Total Funds Budgeted $ 9,997,328 Agency Funds $ 9,997,328 State Funds Budgeted $ -0- Total Positions Budgeted 311 20. Public Assistance Budget: Personal Services $ -0- Regular Operating Expenses $ 84,732 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 $ 200,000 AFDC Benefits $ 103,559,976 Total Funds Budgeted $ 103,844,708 Agency Funds $ 68,247,908 State Funds Budgeted $ 35,596,800 Total Positions Budgeted 0

"GA1979.1.232">

Public Assistance Functional Budgets Total Funds State Funds Pos. AFDC Payments $ 103,644,708 $ 35,396,800 0 SSI-Supplement Benefits $ 200,000 $ 200,000 0 Undistributed $ -0- $ -0- 0 Total $ 103,844,708 $ 35,596,800 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 $ 36,848,618 Grants to Counties for Social Services $ 29,942,512 Total Funds Budgeted $ 66,791,130 Agency Funds $ 39,890,538 State Funds Budgeted $ 26,900,592 Total Positions Budgeted 0

"GA1979.1.233">

Local Services - Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services - Benefits Payments Grants $ 36,848,618 $ 17,734,310 0 Grants to Counties for Social Services $ 29,942,512 $ 9,166,282 0 Undistributed $ -0- $ -0- 0 Total $ 66,791,130 $ 26,900,592 0 22. Family and Children Services - Program Direction and Support Budget: Personal Services $ 5,989,232 Regular Operating Expenses $ 254,427 Travel $ 313,294 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 354,500 Equipment Purchases $ 32,007 Computer Charges $ 801,000 Real Estate Rentals $ 287,578 Telecommunications $ 225,083 Per Diem, Fees and Contracts $ 3,270,814 Utilities $ 5,927 Postage $ 203,393 Total Funds Budgeted $ 11,737,255 Agency Funds $ 7,125,184 Indirect DOAS Services Funding $ 444,500 State Funds Budgeted $ 4,167,571 Total Positions Budgeted 356

"GA1979.1.234">

Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 438,935 $ 54,155 13 Standards and Procedures $ 458,621 $ 192,471 10 Training $ 759,765 $ 110,546 14 Management Development $ 1,628,899 $ 798,161 81 Administrative Support $ 2,356,187 $ 902,012 19 Food Stamp $ 2,281,823 $ 262,483 23 District Program Operations $ 2,122,315 $ 1,039,935 110 Special Services $ 1,317,311 $ 632,310 62 Eligibility Determination $ 373,399 $ 175,498 24 Undistributed $ -0- $ -0- 0 Total $ 11,737,255 $ 4,167,571 356 23. Family and Children Services - District Administration Budget: Personal Services $ 427,785 Regular Operating Expenses $ 30,000 Travel $ 25,000 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 $ 504,285 Agency Funds $ 267,271 State Funds Budgeted $ 237,014 Total Positions Budgeted 19 Budget Unit Object Classes: Personal Services $ 68,203,666 Regular Operating Expenses $ 19,072,275 Travel $ 2,483,954 Motor Vehicle Equipment Purchases $ 58,300 Publications and Printing $ 924,581 Equipment Purchases $ 490,011 Computer Charges $ 3,565,040 Real Estate Rentals $ 3,214,274 Telecommunications $ 1,924,134 Per Diem, Fees and Contracts $ 48,617,424 Utilities $ 719,224 Postage $ 880,594 Capital Outlay $ 490,000 Grants for Regional Prenatal and Postnatal Care Programs $ 2,989,000 Crippled Children Benefits $ 4,038,364 Kidney Disease Benefits $ 450,000 Cancer Control Benefits $ 1,690,000 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 $ 18,800,881 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 $ 2,824,772 Nutrition Grants $ 5,288,770 Grants for Nephrology Centers $ 185,000 Case Services $ 19,892,128 SSI-Supplement Benefits $ 200,000 AFDC Benefits $ 103,559,976 Local Services Benefits Payments Grants $ 36,848,618 Grants to Counties for Social Services $ 29,942,512 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 $ -0- Total Positions Budgeted 4,416

"GA1979.1.236">

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-

"GA1979.1.237">

1/2% matching for Day Care Centers in the Appalachian Region. 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 $35,396,800 in State funds for the purpose of making AFDC benefit payments. Provided that for the last three months of 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 $ 74 2 161 113 3 193 135 4 227 159 5 260 182 6 282 197 7 305 214 8 324 227 9 341 239 10 365 256 11 390 273

"GA1979.1.238">

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 70% of the above standard of needs effective April 1, 1979. Provided, that of the above appropriation, $88,000 is designated and committed to operate the Rome Cerebral Palsy 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.

"GA1979.1.239">

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. Provided, further, that the Department of Human Resources is authorized to make monthly advances to Child Care Day Care Centers from funds authorized for this purpose. Provided further, it is the intent of this General Assembly that AFDC Benefit payments from funds appropriated herein shall be made from the date of certification and not from the date of application. B. Budget Unit: State Health Planning and Development $ 286,102 State Health Planning and Development Budget: Personal Services $ 495,933 Regular Operating Expenses $ 23,009 Travel $ 11,814 Publications and Printing $ 2,000 Equipment Purchases $ 1,584 Computer Charges $ -0- Real Estate Rentals $ 29,700 Telecommunications $ 17,000 Per Diem, Fees and Contracts $ 43,129 Postage $ 9,100 Total Funds Budgeted $ 633,269 Indirect DOAS Services Funding $ -0- Agency Funds $ 347,167 State Funds Budgeted $ 286,102 Total Positions Budgeted 29 Passenger Carrying Motor Vehicles 0 Budget Unit Object Classes: Personal Services $ 495,933 Regular Operating Expenses $ 23,009 Travel $ 11,814 Publications and Printing $ 2,000 Equipment Purchases $ 1,584 Computer Charges $ -0- Real Estate Rentals $ 29,700 Telecommunications $ 17,000 Per Diem, Fees and Contracts $ 43,129 Postage $ 9,100 Total Positions Budgeted 29 Passenger Carrying Motor Vehicles 0 C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 184,256,020 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 5,562,078 Regular Operating Expenses $ 694,245 Travel $ 7,888 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,600 Equipment Purchases $ 7,000 Computer Charges $ 60,000 Real Estate Rentals $ -0- Telecommunications $ 68,000 Per Diem, Fees and Contracts $ 190,480 Utilities $ 214,475 Postage $ 6,100 Authority Lease Rentals $ 387,000 Capital Outlay $ 20,000 Total Funds Budgeted $ 7,221,866 Indirect DOAS Services Funding $ 60,000 State Funds Budgeted $ 6,199,096 Total Positions Budgeted July 1, 1978 480 Total Positions Budgeted June 30, 1979 487 Passenger Carrying Motor Vehicles 14 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 6,919,113 Regular Operating Expenses $ 926,837 Travel $ 11,891 Motor Vehicle Equipment Purchases $ 36,500 Publications and Printing $ 4,400 Equipment Purchases $ 36,275 Computer Charges $ 108,000 Real Estate Rentals $ -0- Telecommunications $ 92,700 Per Diem, Fees and Contracts $ 129,080 Utilities $ 290,000 Postage $ 10,500 Capital Outlay $ 275,000 Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 9,353,296 Indirect DOAS Services Funding $ 93,000 State Funds Budgeted $ 8,595,196 Total Positions Budgeted July 1, 1978 600 Total Positions Budgeted June 30, 1979 603 Passenger Carrying Motor Vehicles 19 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 5,868,393 Regular Operating Expenses $ 539,892 Travel $ 9,013 Motor Vehicle Equipment Purchases $ 11,000 Publications and Printing $ 3,000 Equipment Purchases $ 36,200 Computer Charges $ 97,000 Real Estate Rentals $ 4,200 Telecommunications $ 83,000 Per Diem, Fees and Contracts $ 81,540 Utilities $ 295,000 Postage $ 5,375 Authority Lease Rentals $ 500,000 Capital Outlay $ -0- Total Funds Budgeted $ 7,533,613 Indirect DOAS Services Funding $ 85,000 State Funds Budgeted $ 6,688,470 Total Positions Budgeted July 1, 1978 519 Total Positions Budgeted June 30, 1979 513 Passenger Carrying Motor Vehicles 18 4. West Central Georgia Regional Hospital Budget: Personal Services $ 5,331,289 Regular Operating Expenses $ 623,594 Travel $ 10,663 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 $ 47,400 Utilities $ 225,000 Postage $ 10,375 Authority Lease Rentals $ 646,500 Capital Outlay $ 17,500 Total Funds Budgeted $ 7,061,471 Indirect DOAS Services Funding $ 75,000 State Funds Budgeted $ 6,686,871 Total Positions Budgeted July 1, 1978 493 Total Positions Budgeted June 30, 1979 453 Passenger Carrying Motor Vehicles 23 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 7,081,804 Regular Operating Expenses $ 659,230 Travel $ 10,089 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 1,500 Equipment Purchases $ 10,400 Computer Charges $ 93,500 Real Estate Rentals $ -0- Telecommunications $ 75,000 Per Diem, Fees and Contracts $ 33,210 Utilities $ 626,000 Postage $ 5,575 Capital Outlay $ 65,000 Authority Lease Rentals $ 853,500 Total Funds Budgeted $ 9,521,308 Indirect DOAS Services Funding $ 85,000 State Funds Budgeted $ 8,180,708 Total Positions Budgeted July 1, 1978 648 Total Positions Budgeted June 30, 1979 629 Passenger Carrying Motor Vehicles 29 6. Gracewood State School and Hospital Budget: Personal Services $ 19,245,029 Regular Operating Expenses $ 2,192,338 Travel $ 10,685 Motor Vehicle Equipment Purchases $ 17,300 Publications and Printing $ 14,600 Equipment Purchases $ 214,616 Computer Charges $ 57,000 Real Estate Rentals $ -0- Telecommunications $ 189,700 Per Diem, Fees and Contracts $ 186,490 Utilities $ 845,000 Postage $ 12,500 Capital Outlay $ 859,160 Total Funds Budgeted $ 23,844,418 Indirect DOAS Services Funding $ 155,000 State Funds Budgeted $ 13,963,418 Total Positions Budgeted July 1, 1978 1,755 Total Positions Budgeted June 30, 1979 1,792 Passenger Carrying Motor Vehicles 89 7. Southwestern State Hospital Budget: Personal Services $ 10,436,129 Regular Operating Expenses $ 1,094,256 Travel $ 13,227 Motor Vehicle Equipment Purchases $ 70,000 Publications and Printing $ 3,440 Equipment Purchases $ 331,501 Computer Charges $ 97,500 Real Estate Rentals $ -0- Telecommunications $ 99,000 Per Diem, Fees and Contracts $ 93,510 Utilities $ 496,000 Postage $ 10,250 Capital Outlay $ 651,000 Total Funds Budgeted $ 13,395,813 Indirect DOAS Services Funding $ 90,000 State Funds Budgeted $ 11,901,040 Total Positions Budgeted July 1, 1978 920 Total Positions Budgeted June 30, 1979 1,006 Passenger Carrying Motor Vehicles 46 8. Georgia Retardation Center Budget: Personal Services $ 10,747,542 Regular Operating Expenses $ 2,071,176 Travel $ 11,057 Motor Vehicle Equipment Purchases $ 15,000 Publications and Printing $ 5,800 Equipment Purchases $ 51,250 Computer Charges $ 130,000 Real Estate Rentals $ -0- Telecommunications $ 134,700 Per Diem, Fees and Contracts $ 62,000 Utilities $ 620,100 Postage $ 7,125 Authority Lease Rentals $ 794,000 Capital Outlay $ 850,000 Total Funds Budgeted $ 15,499,750 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 10,237,270 Total Positions Budgeted July 1, 1978 990 Total Positions Budgeted June 30, 1979 950 Passenger Carrying Motor Vehicles 34 9. Georgia Mental Health Institute Budget: Personal Services $ 6,511,389 Regular Operating Expenses $ 805,506 Travel $ 11,786 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,800 Equipment Purchases $ 54,768 Computer Charges $ 93,000 Real Estate Rentals $ -0- Telecommunications $ 159,400 Per Diem, Fees and Contracts $ 511,350 Utilities $ 715,367 Postage $ 9,750 Authority Lease Rentals $ 450,000 Capital Outlay $ 54,500 Total Funds Budgeted $ 9,385,616 Indirect DOAS Services Funding $ 193,000 State Funds Budgeted $ 8,570,771 Total Positions Budgeted July 1, 1978 513 Total Positions Budgeted June 30, 1979 507 Passenger Carrying Motor Vehicles 21 10. Central State Hospital Budget: Personal Services $ 50,277,553 Regular Operating Expenses $ 6,825,643 Travel $ 18,891 Motor Vehicle Equipment Purchases $ 153,700 Publications and Printing $ 18,070 Equipment Purchases $ 146,900 Computer Charges $ 448,213 Real Estate Rentals $ -0- Telecommunications $ 438,000 Per Diem, Fees and Contracts $ 227,100 Utilities $ 2,600,000 Postage $ 40,625 Authority Lease Rentals $ 786,000 Total Funds Budgeted $ 61,980,695 Indirect DOAS Services Funding $ 589,000 State Funds Budgeted $ 49,314,907 Total Positions Budgeted July 1, 1978 4,594 Total Positions Budgeted June 30, 1979 4,547 Passenger Carrying Motor Vehicles 153 11. State Youth Development Centers Budget: Personal Services $ 7,466,148 Regular Operating Expenses $ 1,069,600 Travel $ 7,908 Motor Vehicle Equipment Purchases $ 10,500 Publications and Printing $ 3,200 Equipment Purchases $ 68,100 Computer Charges $ 8,000 Real Estate Rentals $ -0- Telecommunications $ 82,900 Per Diem, Fees and Contracts $ 76,050 Utilities $ 545,000 Postage $ 18,600 Capital Outlay $ 265,240 Total Funds Budgeted $ 9,621,246 State Funds Budgeted $ 9,324,246 Total Positions Budgeted July 1, 1978 641 Total Positions Budgeted June 30, 1979 717 Passenger Carrying Motor Vehicles 93 12. Regional Youth Development Centers Budget: Personal Services $ 3,411,657 Regular Operating Expenses $ 555,920 Travel $ 8,891 Motor Vehicle Equipment Purchases $ 44,300 Publications and Printing $ 1,350 Equipment Purchases $ 59,100 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 41,800 Per Diem, Fees and Contracts $ 48,000 Utilities $ 251,500 Postage $ 7,000 Capital Outlay $ 1,118,000 Grants to County-Owned Detention Centers $ 80,000 Total Funds Budgeted $ 5,627,518 State Funds Budgeted $ 5,492,518 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 $ 5,556,225 Regular Operating Expenses $ 228,717 Travel $ 36,639 Motor Vehicle Equipment Purchases $ 8,200 Publications and Printing $ 1,330 Equipment Purchases $ 10,740 Computer Charges $ -0- Real Estate Rentals $ 56,535 Telecommunications $ 16,800 Per Diem, Fees and Contracts $ 161,703 Utilities $ 3,000 Outpatient Pharmaceuticals $ 770,000 Drug Abuse Contracts $ 1,547,523 Developmental Disability Service Chiefs $ 417,078 Day Care Centers for the Mentally Retarded $ 30,009,341 Purchase of Mini-buses for MR Day Care Centers $ 619,860 Group Homes for the Mentally Retarded $ 1,887,882 Supportive Living Benefits $ 1,354,000 Supportive Living Staff $ 249,000 Foster Grandparents $ 337,000 Community Residential Services $ 726,000 Community Residential Services Staff $ 640,677 Community Mental Health Center Services $ 33,849,178 Project Rescue $ 192,613 Project ARC $ 120,000 Total Funds Budgeted $ 78,800,041 Agency Funds $ 44,163,618 State Funds Budgeted $ 34,636,423 Total Positions Budgeted July 1, 1978 382 Total Positions Budgeted June 30, 1979 383

"GA1979.1.248">

Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 4,006,925 $ 3,936,299 253 Mental Retardation Community Assistance $ 1,100,109 $ 1,100,109 69 Central Pharmacy $ 105,204 $ 105,204 5 Odyssey $ 65,380 $ 6,720 4 Synthesis Treatment Center $ 232,024 $ 82,249 14 Tenth Street Treatment Center $ 230,729 $ 89,227 13 Little Five Points Treatment Center $ 178,191 $ 75,187 15 Central Intake $ 161,327 $ 57,301 10 Outpatient Pharmaceuticals $ 770,000 $ 770,000 0 Developmental Disability Service Chiefs $ 417,078 $ 417,078 0 Group Homes for the Mental Retarded $ 1,887,882 $ 1,887,882 0 Day Care Centers for the Mentally Retarded $ 30,009,341 $ 12,189,217 0 Purchase of Mini-buses for MR Day Care Centers $ 619,860 $ 619,860 0 Supportive Living $ 1,603,000 $ 1,603,000 0 Foster Grandparents $ 337,000 $ 337,000 0 Community Residential Services $ 1,366,677 $ 1,366,677 0 Project Rescue $ 192,613 $ 55,738 0 Drug Abuse Contracts $ 1,547,523 $ 194,179 0 Project ARC $ 120,000 $ 120,000 0 Community Mental Health Center Services $ 33,849,178 $ 9,623,496 0 Undistributed $ -0- $ -0- 0 Total $ 78,800,041 $ 34,636,423 383

"GA1979.1.250">

14. Community Youth Services Budget: Personal Services $ 5,029,361 Regular Operating Expenses $ 309,120 Travel $ 298,953 Motor Vehicle Equipment Purchases $ 11,000 Publications and Printing $ 1,800 Equipment Purchases $ 4,275 Computer Charges $ -0- Real Estate Rentals $ 211,295 Telecommunications $ 137,275 Per Diem, Fees and Contracts $ -0- Utilities $ 28,290 Postage $ 15,170 Child Care Benefits $ 12,000 Total Funds Budgeted $ 6,058,539 State Funds Budgeted $ 3,815,086 Total Positions Budgeted July 1, 1978 411 Total Positions Budgeted June 30, 1979 411 Passenger Carrying Motor Vehicles 21 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 596,160 $ 596,160 45 Attention Homes $ 310,225 $ 282,298 14 Day Centers $ 427,492 $ 427,492 28 Community Treatment Centers $ 1,196,776 $ 559,030 91 Court Services $ 3,307,471 $ 1,729,691 218 Runaway Apprehension $ 173,645 $ 173,645 12 Interstate Compact $ 46,770 $ 46,770 3 Undistributed $ -0- -0- 0 Total $ 6,058,539 $ 3,815,086 411

"GA1979.1.251">

15. Regular Operating Expense Reserve Budget: Regular Operating Expense $ 650,000 Total Funds Budgeted $ 650,000 State Funds Budgeted $ 650,000 Budget Unit Object Classes: Personal Services $ 149,443,710 Regular Operating Expenses $ 19,246,074 Travel $ 467,581 Motor Vehicle Equipment Purchases $ 390,500 Publications and Printing $ 76,540 Equipment Purchases $ 1,034,125 Computer Charges $ 1,267,213 Real Estate Rentals $ 272,030 Telecommunications $ 1,678,275 Per Diem, Fees and Contracts $ 1,847,913 Utilities $ 7,754,732 Postage $ 158,945 Capital Outlay $ 4,175,400 Authority Lease Rentals $ 4,930,000 Grants to County-Owned Detention Centers $ 80,000 Outpatient Pharmaceuticals $ 770,000 Drug Abuse Contracts $ 1,547,523 Developmental Disability Services Chiefs $ 417,078 Day Care Centers for the Mentally Retarded $ 30,009,341 Purchase of Mini-buses for MR Day Care Centers $ 619,860 Group Homes for the Mentally Retarded $ 1,887,882 Supportive Living Benefits $ 1,354,000 Supportive Living Staff $ 249,000 Foster Grandparents $ 337,000 Community Residential Services $ 726,000 Community Residential Services Staff $ 640,677 Community Mental Health Center Services $ 33,849,178 Project Rescue $ 192,613 Project ARC $ 120,000 Child Care Benefits $ 12,000 Total Positions Budgeted July 1, 1978 13,275 Total Positions Budgeted June 30, 1979 13,327 Passenger Carrying Motor Vehicles 588

"GA1979.1.252">

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. 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.

"GA1979.1.253">

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, $840,000 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).

"GA1979.1.254">

Provided, that of the above appropriation relating to Day Training Centers for the Mentally Retarded, the Department is authorized to contract with two additional centers provided that funding is available within the limits of the current appropriation. Provided, that of the above appropriation relating to Community Residential Services Benefits, the Department is authorized to increase the maximum monthly payments to service providers from $300 to $350 and to supplant State funds with patient collections to reduce the State cost of the program. Provided, that of the above appropriation relating to Community Mental Health Centers, private gifts and donations, as well as proceeds of local fund raising activities, shall not be required to be budgeted to the Department or to the Office of Planning and Budget. Provided, that of the above appropriation relating to Capital Outlay, $859,160 is designated and committed for steamlines, re-roofing, street lights, and a heating and cooling distribution study at Gracewood State School and Hospital. Provided, that of the above appropriation relating to Capital Outlay, $50,000 is designated and committed for Life Safety Code modifications at the Georgia Retardation Center at Athens. Section 28. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade $ 10,516,763 1. Industry Budget: Personal Services $ 423,518 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 $ 499,518 State Funds Budgeted $ 499,518 Total Positions Budgeted 24 2. Research Budget: Personal Services $ 243,911 Regular Operating Expenses $ 7,750 Travel $ 3,000 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 $ 14,800 Total Funds Budgeted $ 316,536 State Funds Budgeted $ 316,536 Total Positions Budgeted 16 3. Tourism Budget: Personal Services $ 1,133,010 Regular Operating Expenses $ 253,800 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 175,400 Equipment Purchases $ 14,321 Computer Charges $ 15,956 Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 79,844 Local Welcome Center Contracts $ 75,230 Capital Outlay $ 61,130 Historic Chattahoochee Commission Contract $ 35,000 Total Funds Budgeted $ 1,918,691 State Funds Budgeted $ 1,906,691 Total Positions Budgeted 101 4. Internal Administration Budget: Personal Services $ 454,366 Regular Operating Expenses $ 212,069 Travel $ 20,500 Motor Vehicle Equipment Purchases $ 21,300 Publications and Printing $ 50,000 Equipment Purchases $ 1,850 Computer Charges $ 7,500 Real Estate Rentals $ 167,052 Telecommunications $ 90,000 Per Diem, Fees and Contracts $ 18,000 Postage $ 178,000 Georgia Ports Authority - Authority Lease Rentals $ 2,790,000 Georgia Ports Authority - General Obligation Bond Payments $ 500,000 Georgia Ports Authority - Capital Outlay $ 2,357,656 Georgia World Congress Center Authority - Capital Outlay $ 362,000 Total Funds Budgeted $ 7,230,293 State Funds Budgeted $ 5,935,013 Total Positions Budgeted 25 5. International Budget: Personal Services $ 163,605 Regular Operating Expenses $ 40,100 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 $ 194,550 Total Funds Budgeted $ 506,005 State Funds Budgeted $ 506,005 Total Positions Budgeted 9 6. Advertising Budget: Advertising $ 1,353,000 Total Funds Budgeted $ 1,353,000 State Funds Budgeted $ 1,353,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 2,418,410 Regular Operating Expenses $ 529,119 Travel $ 175,000 Motor Vehicle Equipment Purchases $ 21,300 Publications and Printing $ 271,400 Equipment Purchases $ 24,546 Computer Charges $ 47,106 Real Estate Rentals $ 196,952 Telecommunications $ 109,000 Per Diem, Fees and Contracts $ 319,194 Postage $ 178,000 Capital Outlay $ 61,130 Local Welcome Center Contracts $ 75,230 Advertising $ 1,353,000 Georgia Ports Authority - Authority Lease Rentals $ 2,790,000 Georgia Ports Authority - General Obligation Bond Payments $ 500,000 Georgia Ports Authority - Capital Outlay $ 2,357,656 Georgia World Congress Center Authority - Capital Outlay $ 362,000 Historic Chattahoochee Commission Contract $ 35,000 Total Positions Budgeted 175 Passenger Carrying Motor Vehicles 18 For general administrative cost of operating the Department of Industry and Trade, including advertising expense. Provided further, it is the intent of this General Assembly that of the above appropriation related to Payments to Georgia Ports Authority Capital Outlay, said Authority shall repay the State $2,357,656 in principal with interest at 5%, over a period of no more than 20 years, said payments to begin in Fiscal 1982. 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 $ 387,000 Total Funds Budgeted $ 3,121,767 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 $ 6,935,705 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 $ 27,570,389 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 $ 387,000 Regular Operating Expenses, Computer Charges $ 5,357,000 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay $ 6,935,705 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

"GA1979.1.259">

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 and excess cost of authorized planning of new facilities, 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 29. Department of Labor. A. Budget Unit: Inspection Division $ 555,268 Inspection Division Budget: Personal Services $ 446,955 Regular Operating Expenses $ 10,600 Travel $ 82,244 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 $ 555,268 State Funds Budgeted $ 555,268 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 446,955 Regular Operating Expenses $ 10,600 Travel $ 82,244 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 $ 3,114,282 1. Basic Employment Security and W.I.N. Budget: Personal Services $ 27,763,313 Regular Operating Expenses $ 3,316,506 Travel $ 752,338 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000 Equipment Purchases $ 215,000 Computer Charges $ 5,340 Real Estate Rentals $ 1,448,762 Telecommunications $ 676,000 Per Diem, Fees and Contracts $ 3,476,000 W.I.N. Grants $ 1,000,000 Capital Outlay $ 650,000 Total Funds Budgeted $ 39,324,259 State Funds Budgeted $ 1,980,037 Total Positions Budgeted 1,632 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services $ 8,175,466 Regular Operating Expenses $ 2,018,831 Travel $ 389,051 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ 75,000 Computer Charges $ 1,471 Real Estate Rentals $ 143,468 Telecommunications $ 150,000 Per Diem, Fees and Contracts (CETA) $ 2,030,000 CETA Direct Benefits $ 80,000,000 Total Funds Budgeted $ 92,998,287 State Funds Budgeted $ -0- Total Positions Budgeted 450 3. Correctional Services Budget: Personal Services $ 983,951 Regular Operating Expenses $ 24,846 Travel $ 34,075 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ 189 Real Estate Rentals $ 40,384 Telecommunications $ 16,600 Per Diem, Fees and Contracts $ 34,200 Total Funds Budgeted $ 1,134,245 State Funds Budgeted $ 1,134,245 Total Positions Budgeted 62 Budget Unit Object Classes: Personal Services $ 36,922,730 Regular Operating Expenses $ 5,360,183 Travel $ 1,175,464 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 290,000 Computer Charges $ 7,000 Real Estate Rentals $ 1,632,614 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 Capital Outlay $ 650,000 Total Positions Budgeted 2,144 Passenger Carrying Motor Vehicles 0

"GA1979.1.262">

Section 30. Department of Law. Budget Unit: Department of Law $ 3,007,489 Attorney General's Office Budget: Personal Services $ 2,531,360 Regular Operating Expenses $ 149,800 Travel $ 72,308 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 $ 226,001 Telecommunications $ 60,000 Per Diem, Fees and Contracts $ 30,000 Capital Outlay $ -0- Total Funds Budgeted $ 3,152,689 State Funds Budgeted $ 3,007,489 Total Positions Budgeted 109 Budget Unit Object Classes: Personal Services $ 2,531,360 Regular Operating Expenses $ 149,800 Travel $ 72,308 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,000 Equipment Purchases $ 17,020 Computer Charges $ 200 Real Estate Rentals $ 226,001 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

"GA1979.1.263">

For the cost of operating the Department of Law provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law. Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees. Section 31. Department of Medical Assistance. Budget Unit: Medicaid Services $ 138,555,274 1. Commissioner's Office Budget: Personal Services $ 594,800 Regular Operating Expenses $ 48,003 Travel $ 76,753 Motor Vehicle Equipment Purchases $ 24,600 Publications and Printing $ 532 Equipment Purchases $ 19,455 Computer Charges $ -0- Real Estate Rentals $ 35,239 Telecommunications $ 12,874 Per Diem, Fees and Contracts $ 62,500 Postage $ 4,000 Total Funds Budgeted $ 878,756 State Funds Budgeted $ 375,724 Total Positions Budgeted 37 2. Administration Budget: Personal Services $ 1,076,492 Regular Operating Expenses $ 114,489 Travel $ 30,190 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,800 Equipment Purchases $ 12,260 Computer Charges $ 44,600 Real Estate Rentals $ 118,984 Telecommunications $ 41,350 Per Diem, Fees and Contracts $ 330,300 Postage $ 24,000 Total Funds Budgeted $ 1,806,465 State Funds Budgeted $ 602,451 Total Positions Budgeted 76 3. Program Management Budget: Personal Services $ 720,586 Regular Operating Expenses $ 117,800 Travel $ 4,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,000 Equipment Purchases $ 12,205 Computer Charges $ -0- Real Estate Rentals $ 46,500 Telecommunications $ 21,900 Per Diem, Fees and Contracts $ 4,080,000 Postage $ 29,000 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 $ 7,165,891 State Funds Budgeted $ 1,450,537 Total Positions Budgeted 49 4. Operations Budget: Personal Services $ 1,646,443 Regular Operating Expenses $ 434,668 Travel $ 2,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,200 Equipment Purchases $ 26,600 Computer Charges $ 5,450,000 Real Estate Rentals $ 88,400 Telecommunications $ 157,900 Per Diem, Fees and Contracts $ -0- Postage $ 639,000 Total Funds Budgeted $ 8,460,311 Indirect DOAS Services Funding $ 1,100,000 Agency Funds $ 6,134,383 State Funds Budgeted $ 1,225,928 Total Positions Budgeted 124 5. Benefits Payments Budget: Medicaid Benefits $ 412,681,000 Payments to Counties for Mental Health $ 4,000,000 Adult Emergency Dental Services $ 3,300,000 Total Funds Budgeted $ 419,981,000 State Funds Budgeted $ 134,900,634 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 4,038,321 Regular Operating Expenses $ 714,960 Travel $ 113,943 Motor Vehicle Equipment Purchases $ 24,600 Publications and Printing $ 77,532 Equipment Purchases $ 70,520 Computer Charges $ 5,494,600 Real Estate Rentals $ 289,123 Telecommunications $ 234,024 Per Diem, Fees and Contracts $ 4,472,800 Postage $ 696,000 Medicaid Benefits $ 412,681,000 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 286 Passenger Carrying Motor Vehicles 5

"GA1979.1.266">

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 32. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments $ 3,285,031 1. Applicant Services Budget: Personal Services $ 584,843 Regular Operating Expenses $ 15,500 Travel $ 3,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 35,300 Equipment Purchases $ 5,100 Computer Charges $ 342,942 Real Estate Rentals $ 1,650 Telecommunications $ 9,300 Per Diem, Fees and Contracts $ 5,000 Postage $ 39,500 Total Funds Budgeted $ 1,042,435 Agency Assessments $ 1,042,435 Total Positions Budgeted 39 2. Classification and Compensation Budget: Personal Services $ 362,270 Regular Operating Expenses $ 4,490 Travel $ 2,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,270 Equipment Purchases $ 1,400 Computer Charges $ 157,626 Real Estate Rentals $ -0- Telecommunications $ 5,100 Per Diem, Fees and Contracts $ 5,000 Postage $ 2,200 Total Funds Budgeted $ 547,956 Agency Assessments $ 547,956 Total Positions Budgeted 21 3. Employee Services Budget: Personal Services $ 304,415 Regular Operating Expenses $ 11,610 Travel $ 2,150 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 1,080 Computer Charges $ 196,455 Real Estate Rentals $ -0- Telecommunications $ 4,200 Per Diem, Fees and Contracts $ -0- Postage $ 1,200 Total Funds Budgeted $ 533,110 Agency Assessments $ 524,110 Total Positions Budgeted 21 4. Employee Training and Development Budget: Personal Services $ 309,458 Regular Operating Expenses $ 12,990 Travel $ 13,337 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,120 Equipment Purchases $ 3,580 Computer Charges $ 1,000 Real Estate Rentals $ -0- Telecommunications $ 6,150 Per Diem, Fees and Contracts $ 91,000 Postage $ 3,200 Total Funds Budgeted $ 449,835 Agency Assessments $ 364,358 Total Positions Budgeted 19 5. Health Insurance Administration Budget: Personal Services $ 293,436 Regular Operating Expenses $ 11,072 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,900 Equipment Purchases $ 7,125 Computer Charges $ 94,333 Real Estate Rentals $ 23,725 Telecommunications $ 20,734 Per Diem, Fees and Contracts $ 1,716,170 Postage $ 30,000 Total Funds Budgeted $ 2,214,495 Other Health Insurance Agency Funds $ 152,282 Employer and Employee Contributions $ 2,062,213 Total Positions Budgeted 22 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 $ 56,581,700 Total Funds Budgeted $ 56,581,700 Other Health Insurance Agency Funds $ 4,888,010 Employer and Employee Contributions $ 51,693,690 Total Positions Budgeted 0 7. Internal Administration Budget: Personal Services $ 327,823 Regular Operating Expenses $ 9,360 Travel $ 1,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,320 Equipment Purchases $ 18,915 Computer Charges $ 132,840 Real Estate Rentals $ -0- Telecommunications $ 4,600 Per Diem, Fees and Contracts $ 2,700 Postage $ 1,140 Federal Sub-grants to State and Local Agencies $ 283,640 Total Funds Budgeted $ 787,938 Agency Assessments $ 399,103 Employer and Employee Contributions $ 71,022 Total Positions Budgeted 23 8. Commissioner's Office Budget: Personal Services $ 232,739 Regular Operating Expenses $ 6,038 Travel $ 7,112 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,088 Equipment Purchases $ 605 Computer Charges $ -0- Real Estate Rentals $ 134,213 Telecommunications $ 4,113 Per Diem, Fees and Contracts $ 46,140 Postage $ 3,100 Total Funds Budgeted $ 440,148 Agency Assessments $ 407,069 Total Positions Budgeted 10 Budget Unit Object Classes: Personal Services $ 2,414,984 Regular Operating Expenses $ 71,060 Travel $ 37,099 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 85,998 Equipment Purchases $ 37,805 Computer Charges $ 925,196 Real Estate Rentals $ 159,588 Telecommunications $ 54,197 Per Diem, Fees and Contracts $ 1,866,010 Postage $ 80,340 Federal Sub-grants to State and Local Agencies $ 283,640 Health Insurance Claim Payments $ 56,581,700 Total Positions Budgeted 155 Passenger Carrying Motor Vehicles 0

"GA1979.1.270">

Section 33. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 42,046,923 1. Internal Administration Budget: Personal Services $ 1,443,711 Regular Operating Expenses $ 299,349 Travel $ 22,360 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 167,000 Equipment Purchases $ 10,570 Computer Charges $ 132,700 Real Estate Rentals $ 81,946 Telecommunications $ 49,030 Per Diem, Fees and Contracts $ 78,690 Grants to the City of Atlanta $ 1,500,000 Capital Outlay - Heritage Trust $ 823,000 Total Funds Budgeted $ 4,608,356 State Funds Budgeted $ 4,608,356 Total Positions Budgeted 87 2. Information Budget: Personal Services $ 384,630 Regular Operating Expenses $ 61,443 Travel $ 9,421 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 275,000 Equipment Purchases $ 24,000 Computer Charges $ 700 Real Estate Rentals $ 36,571 Telecommunications $ 23,000 Per Diem, Fees and Contracts $ 3,900 Total Funds Budgeted $ 818,665 State Funds Budgeted $ 818,665 Total Positions Budgeted 25 3. Game and Fish Budget: Personal Services $ 7,462,970 Regular Operating Expenses $ 2,071,149 Travel $ 103,340 Motor Vehicle Equipment Purchases $ 512,710 Publications and Printing $ 66,275 Equipment Purchases $ 956,459 Computer Charges $ 29,820 Real Estate Rentals $ 25,723 Telecommunications $ 158,650 Per Diem, Fees and Contracts $ 84,900 Capital Outlay - Hatchery Renovation $ 92,000 Capital Outlay - Repairs and Maintenance $ 81,000 Capital Outlay $ 378,991 Total Funds Budgeted $ 12,023,987 State Funds Budgeted $ 9,743,164 Total Positions Budgeted 459 4. Parks, Recreation and Historic Sites Budget: Personal Services $ 6,026,266 Regular Operating Expenses $ 2,596,284 Travel $ 108,496 Motor Vehicle Equipment Purchases $ 156,400 Publications and Printing $ 63,444 Equipment Purchases $ 197,966 Computer Charges $ 30,846 Real Estate Rentals $ 93,781 Telecommunications $ 205,527 Per Diem, Fees and Contracts $ 193,796 Capital Outlay $ 511,000 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 Land and Water Conservation Grants $ 8,500,000 Recreation Grants $ 370,000 YACC and YCC Grants $ 100,000 Contract - Special Olympics, Inc $ 63,000 Georgia Sports Hall of Fame $ 30,000 Total Funds Budgeted $ 23,179,806 State Funds Budgeted $ 11,227,844 Total Positions Budgeted 398 5. Environmental Protection Budget: Personal Services $ 6,503,746 Regular Operating Expenses $ 529,948 Travel $ 291,150 Motor Vehicle Equipment Purchases $ 157,899 Publications and Printing $ 81,700 Equipment Purchases $ 455,168 Computer Charges $ 222,000 Real Estate Rentals $ 390,922 Telecommunications $ 123,478 Per Diem, Fees and Contracts $ 974,900 Solid Waste Grants $ 1,000,000 Water and Sewer Grants $ 5,180,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 184,125 Topographic Mapping U.S. Geological Survey $ 375,000 Capital Outlay $ 381,700 Fluoridation Grants $ 55,000 Total Funds Budgeted $ 16,906,736 State Funds Budgeted $ 12,681,101 Total Positions Budgeted 350 6. Dam Safety Budget: Personal Services $ 85,056 Regular Operating Expenses $ 15,070 Travel $ 8,375 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 $ 146,176 State Funds Budgeted $ 146,176 Total Positions Budgeted 5 7. Coastal Resources Budget: Personal Services $ 481,398 Regular Operating Expenses $ 166,739 Travel $ 13,829 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,625 Equipment Purchases $ 46,555 Computer Charges $ 1,050 Real Estate Rentals $ 3,571 Telecommunications $ 6,400 Per Diem, Fees and Contracts $ 6,400 Capital Outlay $ 10,000 Total Funds Budgeted $ 748,567 State Funds Budgeted $ 586,517 Total Positions Budgeted 23 8. 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 $ 45,600 Total Funds Budgeted $ 545,100 State Funds Budgeted $ 545,100 Total Positions Budgeted 0 9. Jekyll Island State Park Authority Budget: Payments to Jekyll Island State Park Authority for Operations $ 1,140,000 Payments to Jekyll Island State Park Authority for Capital Outlay $ 150,000 Total Funds Budgeted $ 1,290,000 State Funds Budgeted $ 1,290,000 Total Positions Budgeted 0 10. Stone Mountain Memorial Association Budget: Payments to Stone Mountain Memorial Association $ 400,000 Total Funds Budgeted $ 400,000 State Funds Budgeted $ 400,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 22,387,777 Regular Operating Expenses $ 5,739,982 Travel $ 556,971 Motor Vehicle Equipment Purchases $ 835,509 Publications and Printing $ 666,044 Equipment Purchases $ 1,695,543 Computer Charges $ 417,116 Real Estate Rentals $ 636,864 Telecommunications $ 566,085 Per Diem, Fees and Contracts $ 1,362,586 Land and Water Conservation Grants $ 8,500,000 Recreation Grants $ 370,000 Young Adult Conservation Corps and Youth Conservation Corps Grants $ 100,000 Water and Sewer Grants $ 5,180,000 Solid Waste Grants $ 1,000,000 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 $ 92,000 Capital Outlay $ 1,281,691 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 $ 45,600 Payments to Jekyll Island State Park Authority for Operations $ 1,140,000 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 Fluoridation Grants $ 55,000 Georgia Sports Hall of Fame $ 30,000 Payment to Stone Mountain Memorial Association $ 400,000 Total Positions Budgeted 1,347 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, 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 the purpose shall be made prior to the official approval thereof by the Board of Natural Resources. Provided further, it is the intent of this General Assembly that of the above appropriation related to Payments to Jekyll Island - State Park Authority, said Authority shall repay the State $1,000,000 in principal over a period of no more than 20 years, said payments to begin in Fiscal 1981. Provided further, it is the intent of this General Assembly that of the above appropriation related to Payments to Stone Mountain Memorial Association, said Association shall repay the State $400,000 in principal over a period of no more than 16 years, said payments to begin in Fiscal 1981. Provided, that of the above appropriation relating to Recreation Grants, $20,000 is designated and committed for matching a minimum of $20,000 from other sources for the Redan Athletic Youth Association. Provided that of the above appropriation, $50,000 in State funds is designated and committed for the mandated Hunter Safety program as provided for in Georgia Law 1484 of 1978. It is the intent of this General Assembly that federal funds available for this program shall be utilized to the maximum extent possible. B. Budget Unit: Authorities $ -0- 1. Lake Lanier Islands Development Authority Budget: Personal Services $ 819,836 Regular Operating Expenses $ 323,058 Travel $ 4,870 Motor Vehicle Equipment Purchases $ 32,980 Publications and Printing $ 25,880 Equipment Purchases $ 28,875 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,000 Per Diem, Fees and Contracts $ 38,000 Capital Outlay $ 124,200 Campground Sinking Fund $ 649 Promotion Expenses $ -0- Total Funds Budgeted $ 1,412,348 State Funds Budgeted $ -0- Total Positions Budgeted 54 2. Jekyll Island State Park Authority Budget: Personal Services $ 1,994,365 Regular Operating Expenses $ 1,073,210 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 40,000 Equipment Purchases $ 80,000 Computer Charges $ 8,500 Real Estate Rentals $ 7,490 Telecommunications $ 22,000 Per Diem, Fees and Contracts $ 85,000 Mortgage Payments $ 1,150,300 Capital Outlay $ 186,496 Promotion Expenses $ -0- Total Funds Budgeted $ 4,657,361 Payments from the Department of Natural Resources $ 1,290,000 Other Funds $ 3,367,361 Total Positions Budgeted 220 Budget Unit Object Classes: Personal Services $ 2,814,201 Regular Operating Expenses $ 1,396,268 Travel $ 14,870 Motor Vehicle Equipment Purchases $ 32,980 Publications and Printing $ 65,880 Equipment $ 108,875 Computer Charges $ 8,500 Real Estate Rentals $ 7,490 Telecommunications $ 36,000 Per Diem, Fees and Contracts $ 123,000 Capital Outlay $ 310,696 Promotion Expense $ -0- Campground Sinking Fund $ 649 Mortgage Payments $ 1,150,300 Total Positions Budgeted 274 Passenger Carrying Motor Vehicles 91

"GA1979.1.279">

Section 34. Department of Offender Rehabilitation. A. Budget Unit: Department of Offender Rehabilitation $ 103,446,280 1. General Administration and Support Budget: Personal Services $ 3,207,919 Regular Operating Expenses $ 239,479 Travel $ 87,911 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 6,970 Computer Charges $ 311,777 Real Estate Rentals $ 212,900 Telecommunications $ 115,100 Per Diem, Fees and Contracts $ 350,800 Utilities $ -0- Total Funds Budgeted $ 4,532,856 State Funds Budgeted $ 4,504,891 Total Positions Budgeted 203 2. Georgia Training and Development Center Budget: Personal Services $ 840,000 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 $ 1,062,700 State Funds Budgeted $ 1,062,700 Total Positions Budgeted 64 3. Georgia Industrial Institute Budget: Personal Services $ 2,975,997 Regular Operating Expenses $ 449,273 Travel $ 3,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- 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 $ 3,797,810 State Funds Budgeted $ 3,795,570 Total Positions Budgeted 235 4. Alto Education and Evaluation Center Budget: Personal Services $ 902,084 Regular Operating Expenses $ 81,559 Travel $ 6,550 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 35,125 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 7,610 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 1,032,928 State Funds Budgeted $ 805,668 Total Positions Budgeted 52 5. Georgia Diagnostic and Classification Center Budget: Personal Services $ 3,395,110 Regular Operating Expenses $ 503,928 Travel $ 2,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- 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 $ 4,293,648 State Funds Budgeted $ 4,293,648 Total Positions Budgeted 278 6. Georgia State Prison Budget: Personal Services $ 6,644,411 Regular Operating Expenses $ 1,040,090 Travel $ 5,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 70,970 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 38,000 Per Diem, Fees and Contracts $ 51,200 Capital Outlay $ 888,327 Utilities $ 650,000 Total Funds Budgeted $ 9,388,398 State Funds Budgeted $ 9,146,398 Total Positions Budgeted 572 7. Consolidated Branches Budget: Personal Services $ 3,354,413 Regular Operating Expenses $ 546,815 Travel $ 7,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 60,414 Computer Charges $ -0- Real Estate Rentals $ 21,660 Telecommunications $ 43,250 Per Diem, Fees and Contracts $ 85,900 Utilities $ 293,222 Total Funds Budgeted $ 4,413,124 State Funds Budgeted $ 4,058,977 Total Positions Budgeted 268 8. Lee Correctional Institution Budget: Personal Services $ 788,447 Regular Operating Expenses $ 121,610 Travel $ 1,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 220,300 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,500 Per Diem, Fees and Contracts $ 10,800 Utilities $ 97,000 Capital Outlay $ 75,300 Total Funds Budgeted $ 1,323,857 State Funds Budgeted $ 1,323,857 Total Positions Budgeted 81 9. Montgomery Correctional Institution Budget: Personal Services $ 784,798 Regular Operating Expenses $ 137,530 Travel $ 1,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- 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 $ 1,031,028 State Funds Budgeted $ 1,016,028 Total Positions Budgeted 60 10. Walker Correctional Institution Budget: Personal Services $ 791,622 Regular Operating Expenses $ 134,840 Travel $ 2,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 6,600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,500 Per Diem, Fees and Contracts $ 19,800 Utilities $ 57,000 Total Funds Budgeted $ 1,026,762 State Funds Budgeted $ 1,016,762 Total Positions Budgeted 64 11. Georgia Women's Correctional Institution Budget: Personal Services $ 1,373,244 Regular Operating Expenses $ 185,836 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 3,000 Computer Charges $ -0- Real Estate Rentals $ 1,400 Telecommunications $ 13,900 Per Diem, Fees and Contracts $ 6,300 Utilities $ 126,000 Capital Outlay $ 5,000 Total Funds Budgeted $ 1,716,680 State Funds Budgeted $ 1,716,680 Total Positions Budgeted 118 12. West Georgia Community Correctional Center Budget: Personal Services $ 1,590,477 Regular Operating Expenses $ 209,303 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- 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 $ 1,966,556 State Funds Budgeted $ 1,966,556 Total Positions Budgeted 136 13. Georgia Earned Release Correctional Center Budget: Personal Services $ 2,513,510 Regular Operating Expenses $ 320,051 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- 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 $ 3,103,253 State Funds Budgeted $ 3,103,253 Total Positions Budgeted 215 14. Macon Community Correctional Center Budget: Personal Services $ 1,351,051 Regular Operating Expenses $ 163,339 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- 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 $ 1,673,590 State Funds Budgeted $ 1,673,590 Total Positions Budgeted 130 15. Washington Correctional Institution Budget: Personal Services $ 959,408 Regular Operating Expenses $ 297,000 Travel $ 5,000 Motor Vehicle Equipment Purchases $ 47,900 Publications and Printing $ -0- Equipment Purchases $ 236,274 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,300 Per Diem, Fees and Contracts $ 15,000 Utilities $ 11,778 Capital Outlay $ 50,000 Payments to Central State Hospital for Utilities $ 37,222 Total Funds Budgeted $ 1,671,882 State Funds Budgeted $ 1,337,708 Total Positions Budgeted 120 16. Talmadge Memorial Hospital Unit Budget: Personal Services $ 231,000 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 $ 241,300 State Funds Budgeted $ 241,300 Total Positions Budgeted 20 17. Central Institutional Administration Budget: Personal Services $ 372,088 Regular Operating Expenses $ 24,737 Travel $ 28,200 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 $ 449,625 State Funds Budgeted $ 449,625 Total Positions Budgeted 19 18. Central Funds Budget: Personal Services $ 51,322 Regular Operating Expenses $ 20,639 Travel $ 53,053 Motor Vehicle Equipment Purchases $ 707,700 Publications and Printing $ 145,000 Equipment Purchases $ 2,345 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 115,600 Utilities $ -0- Authority Lease Rentals $ 840,000 Overtime $ 330,000 Court Costs $ 200,000 Inmate Release Funds $ 477,400 County Subsidy $ 4,193,640 Outside Health Service Purchases $ 423,250 Payments to Talmadge Memorial Hospital $ 530,000 Central Repair Fund $ 601,472 Payments to Central State Hospital for Medical Services $ 765,831 Capital Outlay $ 33,860,000 Total Funds Budgeted $ 43,317,252 State Funds Budgeted $ 43,097,728 Total Positions Budgeted 3 19. Training and Staff Development Center Budget: Personal Services $ 263,818 Regular Operating Expenses $ 68,015 Travel $ 52,445 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 571 Equipment Purchases $ 4,752 Computer Charges $ -0- Real Estate Rentals $ 19,063 Telecommunications $ 7,500 Per Diem, Fees and Contracts $ 23,373 Utilities $ 7,920 Total Funds Budgeted $ 447,457 State Funds Budgeted $ 235,007 Total Positions Budgeted 24 20. D.O.T. Work Details Budget: Personal Services $ 205,585 Regular Operating Expenses $ 6,789 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,260 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 213,634 State Funds Budgeted $ -0- Total Positions Budgeted 24 21. Food Processing and Distribution Budget: Personal Services $ 1,342,391 Regular Operating Expenses $ 2,879,397 Travel $ 3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 158,464 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 $ 1,006,219 Payments to Central State Hospital for Utilities $ 7,500 Total Funds Budgeted $ 5,401,171 State Funds Budgeted $ 5,202,641 Total Positions Budgeted 125 22. Farm Operations Budget: Personal Services $ 338,255 Regular Operating Expenses $ 1,956,311 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 401,830 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 4,600 Utilities $ -0- Capital Outlay $ 157,000 Total Funds Budgeted $ 2,857,996 State Funds Budgeted $ 2,845,996 Total Positions Budgeted 25 23. Probation Operations Budget: Personal Services $ 6,085,416 Regular Operating Expenses $ 170,171 Travel $ 279,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- 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 $ 6,858,180 State Funds Budgeted $ 6,823,880 Total Positions Budgeted 466 24. Pre-release Centers Budget: Personal Services $ 1,267,959 Regular Operating Expenses $ 182,385 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 9,035 Computer Charges $ -0- Real Estate Rentals $ 240,000 Telecommunications $ 24,400 Per Diem, Fees and Contracts $ 19,700 Utilities $ 140,000 Total Funds Budgeted $ 1,894,479 State Funds Budgeted $ 1,894,479 Total Positions Budgeted 111 25. Restitution/Adjustment Centers Budget: Personal Services $ 1,460,825 Regular Operating Expenses $ 187,398 Travel $ 16,050 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 21,780 Computer Charges $ -0- Real Estate Rentals $ 211,950 Telecommunications $ 31,000 Per Diem, Fees and Contracts $ -0- Utilities $ 81,000 Total Funds Budgeted $ 2,010,003 State Funds Budgeted $ 1,707,627 Total Positions Budgeted 134 26. Andromeda Center Budget: Personal Services $ 188,750 Regular Operating Expenses $ 61,020 Travel $ 1,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 27,300 Telecommunications $ 3,450 Per Diem, Fees and Contracts $ 12,000 Utilities $ 10,000 Total Funds Budgeted $ 303,720 State Funds Budgeted $ 121,488 Total Positions Budgeted 17 27. Federal Grants Budget: Personal Services $ 745,103 Regular Operating Expenses $ 127,781 Travel $ 26,628 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 6,023 Equipment Purchases $ 99,305 Computer Charges $ 44,478 Real Estate Rentals $ 22,950 Telecommunications $ 7,446 Per Diem, Fees and Contracts $ 438,106 Utilities $ 12,375 Capital Outlay $ 3,195,776 Total Funds Budgeted $ 4,737,971 State Funds Budgeted $ 4,223 Total Positions Budgeted 117 Budget Unit Object Classes: Personal Services $ 44,025,003 Regular Operating Expenses $ 10,235,196 Travel $ 605,887 Motor Vehicle Equipment Purchases $ 767,600 Publications and Printing $ 151,694 Equipment Purchases $ 1,614,691 Computer Charges $ 356,255 Real Estate Rentals $ 899,417 Telecommunications $ 598,256 Per Diem, Fees and Contracts $ 1,245,829 Utilities $ 2,448,595 Payments to Central State Hospital for Meals $ 1,006,219 Payments to Central State Hospital for Utilities $ 220,222 Overtime $ 330,000 Court Costs $ 200,000 Inmate Release Funds $ 477,400 County Subsidy $ 4,193,640 Outside Health Service Purchases $ 423,250 Payments to Talmadge Memorial Hospital $ 530,000 Central Repair Fund $ 601,472 Payments to Central State Hospital for Medical Services $ 765,831 Authority Lease Rentals $ 840,000 Capital Outlay $ 38,231,403 Total Positions Budgeted 3,681 Passenger Carrying Motor Vehicles 403 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 $6,000,000 is designated and committed for the planning and construction of the Unit B phase of the Georgia State Prison Redevelopment Plan (G.S.P. Project 360) and $800,000 is designated and committed for the planning of Unit A, L/M Unit, administrative support phases of G.S.P. Project 360 and planning the replacement of Building No. 2 at Georgia State Prison. Provided, that of the above appropriation relating to Capital Outlay, $260,000 is designated and committed to provide the State match for an E.P.A. grant for the design and construction of a sewage system at Georgia State Prison and at Georgia Industrial Institute. Provided, that of the above appropriation relating to Capital Outlay, $9,300,000 is designated and committed for the planning and construction of a correctional facility in Dodge County. It is the intent of this General Assembly that funds appropriated for county subsidy may be used to either supplement or supplant county funds, at the option of each county. Provided, however, that the site of the proposed medical cadre authorized herein shall be designated after an independent study to determine the relative feasibility of constructing this facility adjacent to the new medical-surgical facility at Central State Hospital, with final site designation to be contingent on receiving approval thereof by a simple majority vote of the Fiscal Affairs Sub-Committees in a meeting called for that purpose. B. Budget Unit: Board of Pardons and Paroles $ 2,973,796 Board of Pardons and Paroles Budget: Personal Services $ 2,593,211 Regular Operating Expenses $ 62,814 Travel $ 171,231 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,036 Equipment Purchases $ 10,032 Computer Charges $ -0- Real Estate Rentals $ 63,050 Telecommunications $ 61,070 Per Diem, Fees and Contracts $ 32,341 Total Funds Budgeted $ 3,003,785 State Funds Budgeted $ 2,973,796 Total Positions Budgeted 182 Budget Unit Object Classes: Personal Services $ 2,593,211 Regular Operating Expenses $ 62,814 Travel $ 171,231 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,036 Equipment Purchases $ 10,032 Computer Charges $ -0- Real Estate Rentals $ 63,050 Telecommunications $ 61,070 Per Diem, Fees and Contracts $ 32,341 Total Positions Budgeted 182 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

"GA1979.1.294">

Section 35. Department of Public Safety. Budget Unit: Department of Public Safety $ 30,807,161 1. Office of Highway Safety Budget: Personal Services $ 308,335 Regular Operating Expenses $ 23,064 Travel $ 18,475 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 35,591 Equipment Purchases $ 8,985 Computer Charges $ 2,698 Real Estate Rentals $ 28,140 Telecommunications $ 12,367 Per Diem, Fees and Contracts $ 17,000 Postage $ 4,900 Total Funds Budgeted $ 459,555 State Funds Budgeted $ 86,166 Total Positions Budgeted 16 2. Administrative Support Budget: Personal Services $ 286,725 Regular Operating Expenses $ 29,187 Travel $ 7,490 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,500 Equipment Purchases $ 3,570 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 18,550 Per Diem, Fees and Contracts $ 7,000 Postage $ 275 Total Funds Budgeted $ 378,297 State Funds Budgeted $ 358,297 Total Positions Budgeted 13 3. Staff Support Budget: Personal Services $ 1,562,339 Regular Operating Expenses $ 871,095 Travel $ 61,836 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 83,700 Equipment Purchases $ 35,000 Computer Charges $ 22,325 Real Estate Rentals $ -0- Telecommunications $ 54,700 Per Diem, Fees and Contracts $ 79,720 Postage $ 225,300 Total Funds Budgeted $ 2,996,015 State Funds Budgeted $ 2,834,265 Total Positions Budgeted 106 4. Georgia State Patrol Budget: Personal Services $ 20,544,846 Regular Operating Expenses $ 3,027,102 Travel $ 127,194 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 729,475 Equipment Purchases $ 175,725 Computer Charges $ 1,627,000 Real Estate Rentals $ 2,500 Telecommunications $ 530,000 Per Diem, Fees and Contracts $ 21,000 Postage $ 155,000 Conviction Reports $ 170,000 Capital Outlay $ 75,000 Total Funds Budgeted $ 27,184,842 Indirect DOAS Services Funding $ 1,600,000 State Funds Budgeted $ 25,177,419 Total Positions Budgeted 1,239 5. Georgia Peace Officers Standards and Training Budget: Personal Services $ 419,299 Regular Operating Expenses $ 1,605,533 Travel $ 37,439 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,370 Equipment Purchases $ 23,798 Computer Charges $ -0- Real Estate Rentals $ 32,908 Telecommunications $ 14,119 Per Diem, Fees and Contracts $ 30,098 Postage $ 4,777 Total Funds Budgeted $ 2,192,341 State Funds Budgeted $ 1,552,086 Total Positions Budgeted 24 6. Police Academy: Personal Services $ 306,042 Regular Operating Expenses $ 117,195 Travel $ 5,526 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 $ 132,755 Postage $ 5,375 Total Funds Budgeted $ 607,993 State Funds Budgeted $ 389,967 Total Positions Budgeted 15 7. Fire Academy: Personal Services $ 172,989 Regular Operating Expenses $ 23,188 Travel $ 10,500 Motor Vehicle Equipment Purchases $ 11,600 Publications and Printing $ 5,100 Equipment Purchases $ 22,752 Computer Charges $ -0- Real Estate Rentals $ 15,182 Telecommunications $ 4,950 Per Diem, Fees and Contracts $ 86,500 Postage $ 4,400 Capital Outlay $ 3,850 Total Funds Budgeted $ 361,011 State Funds Budgeted $ 315,761 Total Positions Budgeted 10 8. Georgia Firefighter Standards and Training Council Budget: Personal Services $ 72,035 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 $ 93,200 State Funds Budgeted $ 93,200 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 23,672,610 Regular Operating Expenses $ 5,698,829 Travel $ 276,760 Motor Vehicle Equipment Purchases $ 17,300 Publications and Printing $ 916,736 Equipment Purchases $ 291,830 Computer Charges $ 1,652,023 Real Estate Rentals $ 78,730 Telecommunications $ 643,686 Per Diem, Fees and Contracts $ 375,073 Postage $ 400,827 Conviction Reports $ 170,000 Capital Outlay $ 78,850 Total Positions Budgeted 1,427 Passenger Carrying Motor Vehicles 894

"GA1979.1.298">

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 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 36. 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

"GA1979.1.299">

Section 37. Public Service Commission. Budget Unit: Public Service Commission $ 2,683,551 1. Administration Budget: Personal Services $ 569,998 Regular Operating Expenses $ 15,296 Travel $ 10,225 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,750 Equipment Purchases $ 1,100 Computer Charges $ -0- Real Estate Rentals $ 49,440 Telecommunications $ 25,306 Per Diem, Fees and Contracts $ 2,200 Total Funds Budgeted $ 676,315 State Funds Budgeted $ 676,315 Total Positions Budgeted 30 2. Transportation Budget: Personal Services $ 693,686 Regular Operating Expenses $ 102,724 Travel $ 28,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,500 Equipment Purchases $ 31,100 Computer Charges $ -0- Real Estate Rentals $ 28,766 Telecommunications $ 17,352 Per Diem, Fees and Contracts $ 1,500 Total Funds Budgeted $ 911,128 State Funds Budgeted $ 911,128 Total Positions Budgeted 44 3. Utilities Budget: Personal Services $ 853,779 Regular Operating Expenses $ 38,380 Travel $ 59,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,800 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ 36,357 Telecommunications $ 29,242 Per Diem, Fees and Contracts $ 173,000 Total Funds Budgeted $ 1,196,558 State Funds Budgeted $ 1,096,108 Total Positions Budgeted 53 Budget Unit Object Classes: Personal Services $ 2,117,463 Regular Operating Expenses $ 156,400 Travel $ 97,725 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,050 Equipment Purchases $ 34,200 Computer Charges $ -0- Real Estate Rentals $ 114,563 Telecommunications $ 71,900 Per Diem, Fees and Contracts $ 176,700 Total Positions Budgeted 127 Passenger Carrying Motor Vehicles 26

"GA1979.1.300">

Section 38. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 400,348,075 1. Resident Instruction Budget: Personal Services $ 309,019,940 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 94,792,544 Teachers' Retirement $ 27,597,142 Capital Outlay $ 47,786,000 Authority Lease Rentals $ 20,843,650 Total Funds Budgeted $ 500,039,276 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 350,473,888 Total Positions Budgeted 16,275 Provided, that from appropriated funds in A, the amount of $20,843,650 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 to provide 2 1/2% merit-type increases. 2. Marine Resources Extension Center Budget: Personal Services $ 332,084 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 196,716 Total Funds Budgeted $ 528,800 Indirect DOAS Services Funding $ 9,800 State Funds Budgeted $ 472,000 Total Positions Budgeted 24 3. Skidaway Institute of Oceanography Budget: Personal Services $ 1,058,671 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 $ 2,171,853 State Funds Budgeted $ 675,500 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 $ 13,095,362 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 4,419,011 Total Funds Budgeted $ 17,514,373 Indirect DOAS Services Funding $ 117,600 State Funds Budgeted $ 3,065,905 Total Positions Budgeted 294 6. Engineering Extension Division Budget: Personal Services $ 711,903 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 379,757 Total Funds Budgeted $ 1,091,660 Indirect DOAS Services Funding $ 12,200 State Funds Budgeted $ 365,300 Total Positions Budgeted 44 7. Agricultural Experiment Stations Budget: Personal Services $ 12,819,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 5,506,900 Capital Outlay $ 209,000 Total Funds Budgeted $ 18,534,900 Indirect DOAS Services Funding $ 95,900 State Funds Budgeted $ 12,498,000 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. Provided, that of the above appropriation, $45,000 is designated and committed for equipment purchases at Northwest Georgia Agriculture Experiment Station. Provided, that of the above appropriation relative to Capital Outlay, $209,000 is designated and committed for renovations at the Agriculture Experiment Station at Griffin, Georgia. 8. Cooperative Extension Service Budget: Personal Services $ 17,558,232 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 2,556,183 Capital Outlay $ 60,000 Total Funds Budgeted $ 20,174,415 Indirect DOAS Services Funding $ 126,700 State Funds Budgeted $ 11,967,715 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 $ 27,739,695 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 14,004,279 Capital Outlay $ 2,000,000 Total Funds Budgeted $ 43,743,974 Indirect DOAS Services Funding $ 193,500 State Funds Budgeted $ 19,599,400 Total Positions Budgeted 2,555 10. Veterinary Medicine Experiment Station Budget: Personal Services $ 538,211 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 336,572 Total Funds Budgeted $ 874,783 State Funds Budgeted $ 874,783 Total Positions Budgeted 31 Budget Unit Object Classes: Personal Services $ 383,102,038 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 123,431,788 Teachers' Retirement $ 27,597,142 Capital Outlay $ 50,055,000 Authority Lease Rentals $ 20,843,650 Total Positions Budgeted 21,030 B. Budget Unit: Regents Central Office $ 12,811,250 1. Regents Central Office Budget: Personal Services $ 1,910,000 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem, Fees and Contracts, and Real Estate Rentals $ 621,300 SREB Payments $ 2,316,500 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 Agricultural Research $ 60,000 Rental Payments to Georgia Military College $ 90,000 Total Funds Budgeted $ 11,729,250 State Funds Budgeted $ 11,729,250 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 $ 740,000 New Program Development Contracts for Family Practice Residency $ 120,000 Student Preceptorships $ 60,000 Total Funds Budgeted $ 1,082,000 State Funds Budgeted $ 1,082,000 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 1,984,500 Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Per Diem and Contracts, and Real Estate Rentals $ 708,800 SREB Payments $ 2,316,500 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 Agricultural Research $ 60,000 Rental Payments to Georgia Military College $ 90,000 Capitation Contracts for Family Practice Residency $ 740,000 New Program Development Contracts for Family Practice Residency $ 120,000 Student Preceptorships $ 60,000 Total Positions Budgeted 101 Passenger Carrying Motor Vehicles 0

"GA1979.1.308">

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $716 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student.

"GA1979.1.309">

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. Provided, that of the above appropriation, $60,000 is designated and committed for a contract with Medical College of Georgia for a student preceptorship program. Provided, further, that each student participating in the program shall receive $500 and each family physician shall receive $500. Section 39. Department of Revenue. Budget Unit: Department of Revenue $ 23,935,542 1. Executive Administration Budget: Personal Services $ 741,190 County Tax Officials/Retirement and FICA $ 515,000 Regular Operating Expenses $ 136,000 Travel $ 11,200 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 190,000 Equipment Purchases $ 9,148 Computer Charges $ 7,500 Real Estate Rentals $ 648,340 Telecommunications $ 25,000 Per Diem, Fees and Contracts $ 6,000 Postage $ 200 Total Funds Budgeted $ 2,294,578 State Funds Budgeted $ 1,794,578 Total Positions Budgeted 41 2. Motor Vehicle Administration Budget: Personal Services $ 3,364,398 Regular Operating Expenses $ 201,950 Travel $ 4,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 188,500 Equipment Purchases $ 56,645 Computer Charges $ 1,839,537 Real Estate Rentals $ 12,025 Telecommunications $ 67,500 Per Diem, Fees and Contracts $ -0- Motor Vehicle Tag Purchases $ 623,000 Motor Vehicle Decal Purchases $ 340,000 Postage $ 915,000 Total Funds Budgeted $ 7,613,155 Indirect DOAS Services Funding $ 1,000,000 State Funds Budgeted $ 6,613,155 Total Positions Budgeted 305 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $623,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 750,000 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 $ 913,784 Regular Operating Expenses $ 29,560 Travel $ 59,000 Motor Vehicle Equipment Purchases $ 10,600 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 $ 3,034,744 Repayment of Loans to Counties/Property Revaluation $ -0- Indirect DOAS Services Funding $ 400,000 State Funds Budgeted $ 2,634,744 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 $ 1,015,449 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 $ 1,619,314 Indirect DOAS Services Funding $ 400,000 State Funds Budgeted $ 1,219,314 Total Positions Budgeted 82 5. Motor Fuel Taxation Budget: Personal Services $ 456,057 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 $ 699,702 Indirect DOAS Services Funding $ 155,000 State Funds Budgeted $ 544,702 Total Positions Budgeted 37 6. Income Taxation Budget: Personal Services $ 1,584,392 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 $ 3,483,767 Indirect DOAS Services Funding $ 1,200,000 State Funds Budgeted $ 2,283,767 Total Positions Budgeted 115 7. Alcohol and Tobacco Taxation Budget: Personal Services $ 1,889,799 Regular Operating Expenses $ 184,920 Travel $ 41,800 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 $ 2,256,409 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 2,256,409 Total Positions Budgeted 104 8. Reciprocities and Research Budget: Personal Services $ 126,674 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 $ 158,394 State Funds Budgeted $ 158,394 Total Positions Budgeted 7 9. Central Audit Budget: Personal Services $ 1,616,445 Regular Operating Expenses $ 13,380 Travel $ 320,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 1,000 Computer Charges $ 4,000 Real Estate Rentals $ 9,975 Telecommunications $ 15,000 Per Diem, Fees and Contracts $ -0- Postage $ 800 Total Funds Budgeted $ 1,988,600 State Funds Budgeted $ 1,988,600 Total Positions Budgeted 78 10. Field Audit Services Budget: Personal Services $ 3,718,686 Regular Operating Expenses $ 61,900 Travel $ 272,757 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 9,050 Computer Charges $ 71,000 Real Estate Rentals $ 126,686 Telecommunications $ 130,000 Per Diem, Fees and Contracts $ 7,100 Postage $ 34,700 Total Funds Budgeted $ 4,441,879 State Funds Budgeted $ 4,441,879 Total Positions Budgeted 255 Budget Unit Object Classes: Personal Services $ 15,426,874 County Tax Officials/Retirement and FICA $ 515,000 Regular Operating Expenses $ 795,270 Travel $ 720,057 Motor Vehicle Equipment Purchases $ 15,600 Publications and Printing $ 782,000 Equipment Purchases $ 90,853 Computer Charges $ 4,418,462 Real Estate Rentals $ 799,526 Telecommunications $ 371,800 Per Diem, Fees and Contracts $ 64,100 Loans to Counties/Property Reevaluation $ -0- Grants to Counties/Appraisal Staff $ 1,450,000 Motor Vehicle Tag Purchases $ 623,000 Motor Vehicle Decal Purchases $ 340,000 Intangible Tax Equalization Fund $ -0- Postage $ 1,178,000 Total Positions Budgeted 1,082 Passenger Carrying Motor Vehicles 111

"GA1979.1.314">

Section 40. Secretary of State. Budget Unit: Secretary of State $ 9,662,864 1. Occupational Certification Budget: Personal Services $ 2,072,085 Regular Operating Expenses $ 909,103 Travel $ 108,089 Motor Vehicle Equipment Purchases $ 85,200 Publications and Printing $ 150,930 Equipment Purchases $ 50,628 Computer Charges $ 36,500 Real Estate Rentals $ 179,209 Telecommunications $ 70,000 Per Diem, Fees and Contracts $ 395,649 Total Funds Budgeted $ 4,057,393 State Funds Budgeted $ 3,979,551 Total Positions Budgeted 154

"GA1979.1.315">

Occupational Certification Functional Budgets State Funds Cost of Operations Pos. Accounting $ 146,276 $ 250,691 2 Architect $ 35,284 $ 49,195 1 Athletic Trainers $ 1,500 $ 1,950 0 Auctioneers $ 5,700 $ 7,536 0 Barbers $ 95,311 $ 126,471 6 Chiropractic $ 5,330 $ 7,384 0 Cosmetology $ 221,216 $ 274,577 13 Dentistry $ 105,139 $ 164,079 3 Electrical Contractor $ 80,205 $ 101,051 3 Engineers $ 204,415 $ 283,983 6 Forestry $ 5,480 $ 15,685 0 Funeral Service $ 59,256 $ 75,406 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 $ 378,096 $ 548,647 14 Nursing Home Administrators $ 22,932 $ 33,758 1 Board of Nursing $ 318,539 $ 489,785 12 Dispensing Opticians $ 5,080 $ 8,090 0 Optometry $ 9,077 $ 12,565 0 Occupational Therapy $ 4,860 $ 6,218 0 Pest Control $ 23,167 $ 31,645 1 Pharmacy $ 75,700 $ 213,948 3 Physical Therapy $ 16,550 $ 20,952 0 Plumbing Contractors $ 28,432 $ 41,974 1 Podiatry $ 2,950 $ 4,049 0 Polygraph Examiners $ 2,520 $ 3,770 0 Practical Nursing $ 98,944 $ 140,712 3 Private Detective $ 99,348 $ 126,693 7 Psychologists $ 6,788 $ 16,037 0 Real Estate $ 675,181 $ 736,413 26 Recreation $ 3,130 $ 4,010 0 Sanitarian $ 1,880 $ 8,119 0 Speech Pathology $ 3,660 $ 16,321 0 Used Car Dealers $ 40,476 $ 54,680 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 $ 665,747 $ -0- 25 Investigative $ 433,464 $ -0- 22 Total $ 3,979,551 $ 4,023,183 154

"GA1979.1.317">

2. Securities Regulation Budget: Personal Services $ 296,011 Regular Operating Expenses $ 15,180 Travel $ 6,670 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 2,500 Equipment Purchases $ 2,500 Computer Charges $ -0- Real Estate Rentals $ 13,650 Telecommunications $ 6,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 347,511 State Funds Budgeted $ 341,956 Total Positions Budgeted 16 3. Corporations Regulation Budget: Personal Services $ 333,639 Regular Operating Expenses $ 42,695 Travel $ 1,539 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 12,400 Computer Charges $ 67,736 Real Estate Rentals $ 38,600 Telecommunications $ 15,222 Per Diem, Fees and Contracts $ 19,000 Total Funds Budgeted $ 536,831 State Funds Budgeted $ 536,831 Total Positions Budgeted 27 4. Drugs and Narcotics Budget: Personal Services $ 313,756 Regular Operating Expenses $ 30,000 Travel $ 22,422 Motor Vehicle Equipment Purchases $ 10,600 Publications and Printing $ 300 Equipment Purchases $ 9,825 Computer Charges $ -0- Real Estate Rentals $ 4,569 Telecommunications $ 4,800 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 396,272 State Funds Budgeted $ 396,272 Total Positions Budgeted 15 5. Archives and Records Budget: Personal Services $ 1,197,083 Regular Operating Expenses $ 136,210 Travel $ 28,733 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,100 Equipment Purchases $ 84,000 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 $ 2,528,626 State Funds Budgeted $ 2,528,626 Total Positions Budgeted 82 6. General Services Budget: Personal Services $ 558,805 Regular Operating Expenses $ 59,415 Travel $ 1,949 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 132,000 Equipment Purchases $ 6,100 Computer Charges $ -0- Real Estate Rentals $ 4,804 Telecommunications $ 16,500 Per Diem, Fees and Contracts $ 16,500 Total Funds Budgeted $ 796,073 State Funds Budgeted $ 796,073 Total Positions Budgeted 38 7. Internal Administration Budget: Personal Services $ 511,345 Regular Operating Expenses $ 65,230 Travel $ 8,236 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 80,000 Equipment Purchases $ 3,000 Computer Charges $ 250 Real Estate Rentals $ 18,852 Telecommunications $ 10,500 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 705,413 State Funds Budgeted $ 705,413 Total Positions Budgeted 30 8. Bicentennial Commission Budget: Personal Services $ 42,624 Regular Operating Expenses $ 30,750 Travel $ 2,617 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 $ 82,061 State Funds Budgeted $ 82,061 Total Positions Budgeted 2 9. State Campaign and Financial Disclosure Commission Budget: Personal Services $ 73,918 Regular Operating Expenses $ 13,060 Travel $ 6,236 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 $ 130,014 State Funds Budgeted $ 130,014 Total Positions Budgeted 4 10. Elections and Campaign Disclosure Budget: Personal Services $ 136,085 Regular Operating Expenses $ 13,840 Travel $ 1,642 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 $ 166,067 State Funds Budgeted $ 166,067 Total Positions Budgeted 9 Budget Unit Object Classes: Personal Services $ 5,535,351 Regular Operating Expenses $ 1,315,483 Travel $ 188,133 Motor Vehicle Equipment Purchases $ 107,800 Publications and Printing $ 413,154 Equipment Purchases $ 170,664 Computer Charges $ 104,486 Real Estate Rentals $ 296,289 Telecommunications $ 164,752 Per Diem, Fees and Contracts $ 450,149 Authority Lease Rentals $ 1,000,000 Total Positions Budgeted 377 Passenger Carrying Motor Vehicles 58

"GA1979.1.321">

Section 41. State Scholarship Commission. Budget Unit: State Scholarship Commission $ 13,484,280 1. Internal Administration Activity Budget: $ 915,628 Personal Services $ 915,628 Regular Operating Expenses $ 75,901 Travel $ 26,932 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 $ 1,296,940 State Funds Budgeted $ -0- Total Positions Budgeted 60 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees $ 506,000 Total Funds Budgeted $ 506,000 State Funds Budgeted $ 438,000 Total Positions Budgeted 0 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans $ 2,505,000 Tuition Equalization Grants $ 8,108,400 Regents Opportunity Grants $ 500,000 State Student Incentive Scholarships $ 3,175,374 North Georgia College ROTC Grants $ 120,000 Total Funds Budgeted $ 14,408,774 State Funds Budgeted $ 13,012,280 Total Positions Budgeted 0 4. Law Enforcement Personnel Dependents Scholarship Program Budget: Law Enforcement Personnel Dependents Scholarships $ 34,000 Total Funds Budgeted $ 34,000 State Funds Budgeted $ 34,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 915,628 Regular Operating Expenses $ 75,901 Travel $ 26,932 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 $ 506,000 Direct Guaranteed Loans $ 2,505,000 Tuition Equalization Grants $ 8,108,400 Regents Opportunity Grants $ 500,000 State Student Incentive Scholarships $ 3,175,374 Law Enforcement Personnel Dependents Scholarships $ 34,000 North Georgia College ROTC Grants $ 120,000 Total Positions Budgeted 60 Passenger Carrying Motor Vehicles 1

"GA1979.1.323">

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,

"GA1979.1.324">

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 $260,000 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. 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

"GA1979.1.325">

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 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 $34,000 is designated and committed solely for the purpose of providing

"GA1979.1.326">

scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law. Provided, that the above appropriated amount relative to Regents Opportunity Grants is designated and committed for the purpose of providing grants to economically disadvantaged students as provided for in House Bill 1463 enacted at the 1978 Session of the General Assembly of Georgia. Section 42. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 609,207 1. Soil and Water Conservation Central Office Budget: Personal Services $ 251,642 Regular Operating Expenses $ 27,279 Travel $ 34,056 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 $ 473,833 State Funds Budgeted $ 473,833 Total Positions Budgeted 12 2. Soil and Water Conservation Dam Safety Budget: Personal Services $ 84,817 Regular Operating Expenses $ 11,200 Travel $ 7,744 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 6,613 Computer Charges $ -0- Real Estate Rentals $ 3,500 Telecommunications $ 1,500 Per Diem, Fees and Contracts $ 20,000 Total Funds Budgeted $ 135,374 State Funds Budgeted $ 135,374 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 336,459 Regular Operating Expenses $ 38,479 Travel $ 41,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,200 Equipment Purchases $ 14,847 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

"GA1979.1.327">

Section 43. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 745,000 Departmental Operations Budget: Personal Services $ 999,423 Regular Operating Expenses $ 78,470 Travel $ 22,839 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 $ 745,000 Total Funds Budgeted $ 2,312,832 State Funds Budgeted $ 745,000 Total Positions Budgeted 60 Budget Unit Object Classes: Personal Services $ 999,423 Regular Operating Expenses $ 78,470 Travel $ 22,839 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 $ 745,000 Total Positions Budgeted 60 Passenger Carrying Motor Vehicles 0

"GA1979.1.328">

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 $ 343,274,077.32 1. Planning and Construction Budget: Personal Services $ 56,152,750.00 Regular Operating Expenses $ 3,392,199.00 Travel $ 1,201,047.00 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 226,424.00 Equipment Purchases $ 97,600.00 Computer Charges $ -0- Real Estate Rentals $ 33,200.00 Telecommunications $ 587,249.00 Per Diem, Fees and Contracts $ 4,007,850.00 Capital Outlay $ 239,834,329.32 State of Georgia General Obligation Debt Sinking Fund $ -0- Total Funds Budgeted $ 305,532,648.32 State Funds Budgeted $ 129,637,273.32 Total Positions Budgeted 3,402 2. Maintenance and Betterments Budget: Personal Services $ 37,784,909 Regular Operating Expenses $ 24,849,632 Travel $ 202.655 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,758 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 63,550 Per Diem, Fees and Contracts $ 996,213 Capital Outlay $ 86,357,817 State of Georgia General Obligation Debt Sinking Fund $ -0- Total Funds Budgeted $ 150,261,534 State Funds Budgeted $ 149,096,748 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 $ 2,374,923 Travel $ 99,349 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 204,818 Equipment Purchases $ -0- Computer Charges $ 1,204,000 Real Estate Rentals $ 718,348 Telecommunications $ 202,788 Per Diem, Fees and Contracts $ 200,000 Total Funds Budgeted $ 10,883,126 State Funds Budgeted $ 10,164,778 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 $ 275,444 Capital Outlay - Interstate Rehabilitation $ 8,000,000 Capital Outlay - Paving Farmers Markets and the Georgia Poultry Lab - Oakwood, Georgia $ 177,500 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 $ 689,000 Maintenance and Betterments Capital Outlay - Rehabilitation and Improvements Off-System $ 52,000,000 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 $ 372,560.50 Regular Operating Expenses $ 295,000.00 Travel $ 15,034.00 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200.00 Equipment Purchases $ 1,119,000.00 Computer Charges $ -0- Real Estate Rentals $ 1.00 Telecommunications $ 3,800.00 Per Diem, Fees and Contracts $ 500.00 Total Funds Budgeted $ 1,806,095.50 State Funds Budgeted $ 1,506,095.50 Total Positions Budgeted 17 9. Inter-Modal Transfer Facilities Budget: Personal Services $ 311,092.50 Regular Operating Expenses $ 11,850.00 Travel $ 12,888.00 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,500.00 Equipment Purchases $ 800.00 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,600.00 Per Diem, Fees and Contracts $ 186,300.94 Capital Outlay - Airport Development $ 500,000.00 Capital Outlay - Airport Operational Improvements $ 1,000,000.00 Mass Transit Grants $ 465,645.38 Total Funds Budgeted $ 2,519,676.82 State Funds Budgeted $ 2,381,730.50 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 $ 100,500,212.00 Regular Operating Expenses $ 30,923,604.00 Travel $ 1,530,973.00 Motor Vehicle Equipment Purchases $ 2,296,758.00 Publications and Printing $ 460,700.00 Equipment Purchases $ 1,939,300.00 Computer Charges $ 1,204,000.00 Real Estate Rentals $ 751,549.00 Telecommunications $ 865,987.00 Per Diem, Fees and Contracts $ 5,390,863.94 Capital Outlay $ 326,507,574.32 Mass Transit Grants $ 465,645.38 Grants to Municipalities $ 9,317,000.00 Harbor Maintenance Payments $ 250,000.00 Grants to Counties $ 9,317,013.00 Authority Lease Rentals $ 24,636,594.00 Capital Outlay - Airport Development $ 500,000.00 State of Georgia General Obligation Debt Sinking Fund $ 3,732,759.00 Capital Outlay - Airport Operational Improvements $ 1,000,000.00 Total Positions Budgeted 7,273 Passenger Carrying Motor Vehicles 2,650

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For the general administrative expenses of airport development, mass transit planning and development, the promotion of aviation safety, the provision of air transportation services, and for contractual expense for harbor maintenance. Provided, that the Department of Transportation is authorized to retain such portion of its Air Transportation service income as is required to maintain and upgrade the quality of its equipment. Provided, that the Department of Transportation is authorized to utilize State Airport Development Funds to finance a maximum of 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.

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Section 45. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 7,862,155 1. Veterans Assistance Budget: Personal Services $ 2,296,835 Regular Operating Expenses $ 77,700 Travel $ 70,737 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,700 Equipment Purchases $ 4,058 Computer Charges $ 100 Real Estate Rentals $ 93,054 Telecommunications $ 46,000 Per Diem, Fees and Contracts $ 6,000 Grants to Confederate Widows $ 8,900 Total Funds Budgeted $ 2,624,084 State Funds Budgeted $ 2,342,891 Total Positions Budgeted 173 Passenger Carrying Motor Vehicles 1 2. Veterans Home and Nursing Facility - Milledgeville Budget: Capital Outlay $ 287,000 Equipment Purchases $ 125,000 Regular Operating Expenses for Projects $ 8,000 Operating Expenses/Payments to Central State Hospital $ 4,834,312 Total Funds Budgeted $ 5,254,312 State Funds Budgeted $ 4,072,625 3. Veterans Nursing Home - Augusta Budget: Operating Expense/Payments to Medical College of Georgia $ 2,117,326 Total Funds Budgeted $ 2,117,326 State Funds Budgeted $ 1,446,639 Budget Unit Object Classes: Personal Services $ 2,296,835 Regular Operating Expenses $ 77,700 Travel $ 70,737 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,700 Equipment Purchases $ 129,058 Computer Charges $ 100 Real Estate Rentals $ 93,054 Telecommunications $ 46,000 Per Diem, Fees and Contracts $ 6,000 Capital Outlay $ 287,000 Grants to Confederate Widows $ 8,900 Operating Expense/Payments to Central State Hospital $ 4,834,312 Operating Expense/Payments to Medical College of Georgia $ 2,117,326 Regular Operating Expenses for Projects $ 8,000 Total Positions Budgeted 173 Passenger Carrying Motor Vehicles 1

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Section 46. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 2,854,112 1. Workers' Compensation Administration Budget: Personal Services $ 2,019,437 Regular Operating Expenses $ 140,379 Travel $ 32,832 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 31,000 Equipment Purchases $ 15,330 Computer Charges $ 132,200 Real Estate Rentals $ 214,709 Telecommunications $ 69,266 Per Diem, Fees and Contracts $ 56,000 Total Funds Budgeted $ 2,711,153 State Funds Budgeted $ 2,711,153 Total Positions Budgeted 119 2. Vocational Rehabilitation Budget: Personal Services $ 127,987 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 $ 142,959 State Funds Budgeted $ 142,959 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 2,147,424 Regular Operating Expenses $ 144,151 Travel $ 42,832 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 32,000 Equipment Purchases $ 15,530 Computer Charges $ 132,200 Real Estate Rentals $ 214,709 Telecommunications $ 69,266 Per Diem, Fees and Contracts $ 56,000 Total Positions Budgeted 127 Passenger Carrying Motor Vehicles 0

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Section 47. 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) $ -0- Section 48. 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. Section 49. The Federal General Revenue Sharing and Anti-Recession Fiscal Assistance

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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 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: 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

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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. 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

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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 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 1978 regular session and the amended Budget Report submitted to the General Assembly at the 1979 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

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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 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. 1979 submitted to the General Assembly at the 1978 regular session and the amended Budget Report submitted to the General Assembly at the 1979 regular session.

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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, and (3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by this General Assembly. Section 60. 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 61. TOTAL APPROPRIATIONS F.Y. 1979 $ 2,714,211,109.32 Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 63. 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.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1979. REAL ESTATE TRANSACTIONSCERTAIN PRACTICES PROHIBITED. No. 25 (Senate Bill No. 1). AN ACT To prohibit certain practices in connection with real estate transactions; to define terms; to prohibit unreasonable restraints on the alienation of property by lenders; to prohibit acceleration or maturation of indebtedness or increase of interest rates or other charges in certain instances; to provide exceptions; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. As used in this Act the following terms shall have the following meanings: (a) Borrower means a person who has secured an indebtedness with a security interest in real property, or a person who has taken an interest in real property subject to an outstanding security interest in real property and has notified the holder of the said security interest that he has taken said real property and assumed the indebtedness secured by said real property; (b) Lender means a person who has a security interest in real property evidenced by a security deed, mortgage, trust deed, bond for title or other security document granting a security interest in real property to secure an indebtedness owed to lender;

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(c) Person means any individual, firm, partnership, corporation, joint venture, association, company, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination or any other entity whatsoever. Section 2. Unreasonable restraint on the alienation of property; prohibited practices. (a) Subject to the limitations and exceptions as provided in this Act, any lender with a security interest in real estate shall not, directly or indirectly: (1) Accelerate or mature the indebtedness secured by such real estate on account of the sale or transfer of such real estate or on account of the assumption of such indebtedness. This paragraph (1) shall not apply if the person to whom the real estate would be sold or transferred does not intend to occupy the property as the person's principal residence, if such occupancy is a requirement imposed by federal regulatory authorities upon the lender. (2) Increase the interest rate above the existing interest rate of the indebtedness unless: (A) the borrower who is primarily liable for repayment of the indebtedness shall request in writing to the lender at the time of the making of the application to the lender for approval of the transfer or at any time prior to the granting or denying of approval of said transfer by lender that borrower desires to be relieved of liability under the terms of the security instrument and the note secured thereby, and (B) the lender furnishes written evidence to said borrower that said borrower has been relieved of liability under the terms of the security instrument and the note secured thereby. Upon submission of proper proof, the clerk of the superior court in the county where the security instrument is recorded shall enter a notation on the recorded security instrument to the effect that the borrower has been relieved of liability under the terms of the security instrument and the note secured thereby. In the event the lender so relieves the borrower of liability after having been requested to do so by the borrower, the lender may increase the interest rate on the indebtedness; provided, however, lender shall not escalate interest in excess of one percent per annum above the existing interest rate at the time of the transfer nor shall lender be entitled to escalate the interest rate at any time other than transfer of title and then not more often than once in any

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twenty-four-month period. Any subsequent transfer of such property after twenty-four months from the time of the last escalation of interest shall likewise be limited to a one percent per annum increase above the interest rate of the indebtedness existing at the time of such subsequent transfer. (3) Charge, collect, or attempt to collect any fee on account of the sale or transfer of such real estate or on account of the assumption of such indebtedness in excess of (A) one-half of one percent of the principal amount of the indebtedness outstanding on the date of such transfer or $150.00, whichever amount is less, in the event the lender does not escalate the interest rate and does not relieve the borrower of liability for the repayment of the indebtedness, or (B) one percent of the principal amount of the indebtedness outstanding on the date of such transfer in the event the lender does not escalate the interest rate but does relieve the borrower of liability for the repayment of the indebtedness, or (C) one-half of one percent of the principal amount of the indebtedness outstanding on the date of such transfer in the event the lender escalates the interest rate and relieves the borrower of liability for the repayment of the indebtedness. (4) Enforce or attempt to enforce the provisions of any mortgage, deed of trust or other real estate security instrument executed on or after July 1, 1979, which provisions are contrary to this Act. (5) Withhold approval or disapproval of the sale or transfer of such real estate and the assumption of the indebtedness beyond forty-five days after receipt of the written application for same, otherwise the sale or transfer and the assumption shall be approved. (6) Disapprove the sale or transfer of such real estate and the assumption of the indebtedness for any reason other than the credit worthiness of the person to whom the real estate would be sold or transferred, based upon standards normally used by persons in the business of making loans on real estate in the same or similar circumstances, otherwise any due-on-sale clause or similar provision in the security instrument shall be deemed to be against public policy and void. This paragraph shall not apply

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in those instances in which the borrower has not requested to be relieved from liability for the indebtedness. (b) The maximum increase allowed in Section 2(a)(2) of this Act and the maximum fee allowed in Section 2(a)(3) of this Act shall not be deemed required, minimum or ordinary, but said interest increase and fee may, in any case, be less than the amount allowed. (c) This Act shall be applicable only to a security interest in real property utilized as residential dwelling units other than apartments, motels, hotels and nursing homes, and only if the original amount of the loan is less than $100,000. (d) This Act shall not be applicable in those cases in which the Secretary of the Department of Housing and Urban Development, or his successor, matures the indebtedness on multiple-family housing projects pursuant to the current law and regulations of the Federal Housing Administration. (e) This Act shall not be applicable to a person with a security interest in real estate who is not regularly engaged in the business of making real estate loans. (f) In the event that the party assuming the indebtedness declines to agree to an increase in the interest rate as provided in Section 2(a)(2) of this Act, said indebtedness may be prepaid without penalty or increased interest at any time within sixty days after said assumption; but if the party does not make such prepayment within the sixty-day period, the party shall be liable for the increased interest rate from the date of the assumption, and any prepayment penalty provided for in the security instrument shall thereafter be in effect. (g) Nothing contained in this Act shall be construed so as to permit a lender to increase the interest rate beyond applicable usury statutes. (h) Nothing in this Act shall be construed to limit the right of the Federal Land Bank to increase or decrease the interest rate of any loan so long as such increase or decrease is pursuant to the terms of the variable interest rate provision of the security instrument or the note secured thereby and such increase or decrease is not the result of the transfer of the property serving the loan.

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(i) This Act shall not be applicable to loans made by the Farmers Home Administration which provide for interest subsidies or variable interest rates based on the income of the borrower. Section 3. Severability. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1979. SALE OF MALT BEVERAGES BY COLISEUM AUTHORITIES IN CERTAIN COUNTIES (145,000-165,000). No. 32 (House Bill No. 322). AN ACT To amend an Act providing 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 provide that coliseum authorities in certain counties may sell malt beverages as an

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incident to the operation of certain of their lawful projects; to define certain terms; to authorize the regulation and taxation of, and the exercise of police powers over, such sales; to provide 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 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 a new Section after Section 19 thereof, to be designated Section 19A, to read as follows: Section 19A. Sale of malt beverages by coliseum authorities in certain counties; taxation and regulation. (a) As used in this Section: (1) `Coliseum authority' means any public coliseum authority created by law in any county of the State having a population of not less than 145,000 and not more than 165,000, according to the United States Decennial Census of 1970 or any future such census. (2) `Coliseum' means any multi-use coliseum type facility having a seating capacity of 9,000 or more and which is a project of the coliseum authority, together with related buildings, facilities, and extensions of the project. (b) Any coliseum authority presently or hereafter operating a coliseum may sell malt beverages at retail as an incident to the operation of the coliseum. Such sales may be made during all hours during which such sales are lawful in the State including, but not limited to, between the hours of 12:30 p.m. and 12 o'clock midnight on Sundays. (c) For the purposes of regulating and taxing the sale, storage and distribution of malt beverages as provided in this Section, the coliseum shall be considered to be within a municipality if the coliseum, or the greater part of the coliseum, is within the limits of the municipality. The coliseum shall be considered to be within the unincorporated area of the county if the coliseum, or the greater part of the coliseum, is located within the unincorporated part of the county.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1979. REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AND LIQUORS AMENDED AS TO CERTAIN COUNTIES (145,000-165,000). No. 33 (House Bill No. 324). 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 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 adding at the end of subsection (b) of Section 31 the following: The governing authority of each county of this State having a population of not less than 145,000 and not more than 165,000, according to the United States Decennial Census of 1970, or any

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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 for consumption on the premises 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. 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 5, 1979. DEPARTMENT OF ADMINISTRATIVE SERVICESCONTRACTS. No. 34 (House Bill No. 455). AN ACT To amend an Act relating to the Department of Administrative Services and matters concerning said Department, which matters formerly appertained to the Supervisor of Purchases and the State Purchasing Board, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended; to provide a method for execution of certain multi-year agreements by the Department of Administrative Services;

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to require annual affirmative renewal of said contracts by said Department; 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 relating to the Department of Administrative Services and matters concerning said Department, which matters formerly appertained to the Supervisor of Purchases and the State Purchasing Board, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended, is hereby amended by adding following Section 2 a new Section 2.1, to read as follows: Section 2.1. (a) The Department of Administrative Services shall be authorized to execute on behalf of all State agencies subject to this Act multi-year lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, services, and supplies, provided that any such contract shall be executed only on a standard form developed by the Department for such use and, provided further, that such standard form contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the User Agency or the Department at the close of the fiscal year in which it was executed, and at the close of each succeeding fiscal year for which it may be renewed as provided in this Section; and (2) The contract may be renewed only by a positive action taken by the User Agency, or by the Department on behalf of the User Agency, and the nature of such action shall be determined by the Department and specified in its standard contract; and (3) The contract shall terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the User Agency under such contract. The determination of the occurrence of such unavailability of funds shall be made by the User Agency in its sole discretion and shall be conclusive; and

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(4) The contract shall state the total obligation of the User Agency for the fiscal year of execution and shall further state the total obligation which will be incurred in each fiscal year renewal term, if renewed; and (5) The contract shall provide that title to any supplies, materials, or equipment shall remain in the Vendor until fully paid for by the User Agency. (b) Any standard contract developed hereunder containing the provisions enumerated in Paragraph (a) shall be deemed to obligate the User Agency only for those sums payable during the fiscal year of execution or, in the event of a renewal by the User Agency, for those sums payable in the individual fiscal year renewal term. (c) No contract developed and executed pursuant to this Section shall be deemed to create a debt of the State of Georgia for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal. (d) Any such contract may provide for the payment by the User Agency of interest, or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with 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 March 6, 1979.

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INTEREST AND USURYLEGAL RATE OF INTEREST, ETC. Code Sections 57-101, 57-118 Amended. No. 36 (Senate Bill No. 133). AN ACT To amend Code Title 57, relating to interest and usury, as amended, so as to change the legal rate of interest allowable by contract; to provide that certain extensions of credit to corporations organized for pecuniary gain or certain extensions of credit to persons for nonconsumer purposes shall not be subject to a maximum rate of interest; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, national banks are permitted by law under certain circumstances to charge a rate of interest equal to one percent in excess of the discount rate on ninety-day commercial paper in effect at Federal Reserve Banks; and WHEREAS, banks chartered under the laws of this State are restricted by law to a fixed maximum interest ceiling that a lender may charge for a contract which at times is less than the rate permitted to national banks; and WHEREAS, it is in the interest of the citizens of this State that competitive equality be provided between State and national banks by increasing the maximum rate chargeable by contract by State banks; and WHEREAS, because of increased interest rates, many citizens are finding it more difficult to obtain substantial loans for nonconsumer purposes at rates legal under Georgia law; and WHEREAS, persons who seek loans for nonconsumer purposes should be capable of determining for themselves the rate of interest they are willing and able to contract to pay for the use of money; and

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WHEREAS, removal of the restrictions now applicable by State law which limit the interest that may be charged on nonconsumer loans where the principal to be paid shall originally exceed $3,000.00 will create and preserve better sources of funds and better borrowing opportunities for citizens of this State. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. Code Title 57, relating to interest and usury, as amended, is hereby amended by striking Code Section 57-101, relating to the legal rate of interest, in its entirety and inserting in lieu thereof a new Code Section 57-101, to read as follows: 57-101. Legal rate of interest; rate higher than ten and one-half per centum forbidden. The legal rate of interest shall be seven per centum per annum, where the rate per centum is not named in the contract, and any higher rate must be specified in writing, but in no event, except as otherwise provided by law, shall any person, company or corporation reserve, charge or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than ten and one-half per centum per annum, either directly or indirectly by way of commission for advances, discount, exchange or by any contract or contrivance or device whatever. Section 2. Said Code Title is further amended by striking Code Section 57-118, relating to interest payable by corporations on loans in excess of $3,000.00, in its entirety and inserting in lieu thereof a new Code Section 57-118, relating to interest payable by profit corporations or persons on loans in excess of $3,000.00, to read as follows: 57-118. Interest payable by profit corporations or persons on loans in excess of $3,000.00. Notwithstanding any contrary provision of law, any foreign or domestic corporations organized for pecuniary gain, or any persons with respect to a loan for nonconsumer purposes, may in writing agree to pay such rate of interest as such corporations or persons may determine on a loan under which the principal balance to be repaid shall originally exceed the sum of $3,000.00 or on any series of advances of money pursuant to a loan agreement or undertaking if the principal balance to be repaid

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thereunder shall originally exceed the sum of $3,000.00 or on any series of advances of money pursuant to a loan agreement or undertaking if the principal balance to be repaid thereunder shall originally exceed the sum of $3,000.00 or on any extension or renewal thereof, and as to any such transaction the claim or defense of usury by such corporations or persons or their successors or anyone in their behalf is prohibited: Provided, however, that nothing contained in this Section shall apply to any loan to a public, charitable, religious or other nonprofit corporation. For the sole purpose of this Code Section, `persons' shall mean any individuals, firms, partnerships, cooperatives, joint ventures, associations, companies, agencies, syndicates, estates, trusts, business trusts, receivers, fiduciaries or other groups or combinations or any other entities whatsoever, whether acting as a unit, body politic or political subdivision, whether public, private or quasi-public, excluding foreign or domestic corporations organized for pecuniary gain. Also for the sole purpose of this Code Section, `nonconsumer purposes' shall refer to any extensions of credit which are not primarily for personal, family or household purposes. 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 9, 1979. INTEREST RATES ON REAL ESTATE LOANS. Code Section 57-101.1 Amended. No. 37 (Senate Bill No. 134). AN ACT To amend Code Title 57, relating to interest and usury, as amended, particularly by an Act approved April 1, 1977 (Ga. Laws

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1977, p. 1221), so as to establish a flexible maximum rate of interest for real estate loans; to provide that the Monthly Index of Long Term United States Government Bond Yields is the appropriate basis on which such a maximum rate of interest may be established; to define certain terms; to provide the method for computing the maximum rate of interest; to provide that the Commissioner of Banking and Finance shall determine the Monthly Index of Long Term United States Government Bond Yields for the preceding calendar month and determine the maximum rate of interest for real estate loans for the succeeding month; to provide that the Commissioner may publish such maximum rates of interest in the monthly bulletin of the Department of Banking and Finance; to provide for the maintenance of official actions by the Commissioner; to provide that certification of the legal rate of interest shall constitute prima facie evidence which shall be admissible in any court; to provide that such determinations by the Commissioner shall not constitute a rule within the meaning of nor otherwise be subject to the Georgia Administrative Procedure Act; to provide for the issuance of loan commitments; to authorize lenders to charge interest rates in effect on the date loan commitments are issued; to provide that amounts paid or contracted to be paid to the lender by persons other than the borrower, and intangible recording taxes paid by the borrower shall not be considered interest and shall not be taken into account in the calculation of interest on real estate loans; to provide for other matters relative to the foregoing; to provide for legislative intent; to provide for nonforfeiture of certain interest; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, because of changes in economic conditions, rates of interest have continued to increase substantially with the result that many citizens of Georgia find it difficult, if not impossible, to obtain loans for the purchase of homes at the maximum applicable rates of interest presently fixed by Georgia law; and WHEREAS, such rates are expected in the future to vary from time to time depending upon fluctuations in economic conditions and such loans may become more difficult, if not altogether impossible, for borrowers to obtain at such maximum rates; and

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WHEREAS, out-of-state lenders and investors are increasingly reluctant, if not unwilling, to make or purchase such loans in Georgia at the maximum interest rates presently fixed by Georgia law; and WHEREAS, an increasing number of lenders and investors in the State of Georgia are making or purchasing such loans in other states which permit higher rates of interest than those presently fixed by Georgia law; and WHEREAS, it is in the interest of citizens of Georgia that the maximum interest rate on loans secured by real estate or an interest therein should be set at levels which are competitive with those in other states; and WHEREAS, this Act will increase the availability of home loans to Georgians, all to the benefit of this State and of its citizens. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. Code Title 57, relating to interest and usury, as amended, particularly by an Act approved April 1, 1977 (Ga. Laws 1977, p. 1221), is hereby amended by striking Code Section 57-101.1 in its entirety and inserting in lieu thereof a new Code Section 57-101.1, to read as follows: 57-101.1. Interest rates on real estate loans. (a) The General Assembly hereby finds that it is necessary and appropriate to establish a flexible maximum rate of interest for real estate loans and further finds that the Monthly Index of Long Term United States Government Bond Yields is the appropriate basis on which such a maximum rate of interest may be established and that the Twenty-year Constant Maturity Index of Long Term United States Government Bond Yields as now compiled by the United States Treasury Department and as now published by the Board of Governors of the Federal Reserve System in the monthly Federal Reserve Bulletin accurately reflects such basis. (b) As used in this Section

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(1) `Commissioner' means the Commissioner of Banking and Finance. (2) `Monthly Index of Long Term United States Government Bond Yields' or `Monthly Index' means the monthly average of the daily yields on all outstanding United States Treasury bond issues, except such bonds as are redeemable at par for payment of federal estate taxes, with twenty years remaining to final maturity. This index shall be expressed in terms of percentage interest per annum. (3) `Real estate loan' means any loan, charge, reserve, advance of money or forbearance to enforce collection of money where the security given is or includes real property or an interest therein. (4) `Settlement' means the transaction at which the proceeds of a real estate loan or the initial portion thereof are paid or disbursed to, or at the direction of, the borrower, or are applied or held for the account of the borrower. (c) Notwithstanding any other provisions of this Code, Title or other Acts to the contrary: (1) The maximum rate of interest for real estate loans settled or contracted for during any calendar month shall be equal to the Monthly Index for the second preceding calendar month plus an additional two and one-half percentage points rounded off to the nearest quarter of one percent. (2) The maximum rate of interest in effect as herein provided on the date of a legally binding commitment to make a real estate loan at or within a specified time in the future shall continue to be applicable to such commitment and to the loan contemplated thereby notwithstanding the fact that the maximum rate of interest as provided for herein changes at any time after the date of such commitment. (3) The maximum rate of interest in effect as herein provided on the date of settlement of a real estate loan with respect to which there is no such prior commitment shall continue to be applicable to such loan notwithstanding the fact that the maximum

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rate of interest as provided for herein changes at any time after the date of such settlement. (4) On or before the 20th day of each month, the Commissioner (A) shall determine, based on available statistics, the Monthly Index for the preceding calendar month; and (B) shall determine the maximum rate of interest for real estate loans for the succeeding month as defined in subsection (c) (1) of this Section and shall cause such maximum rate of interest to be published monthly. Such publication may be contained in a monthly bulletin of the Department of Banking and Finance. Such determinations shall not constitute a rule within the meaning of an Act known as the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, nor be subject otherwise to the provisions of that Act. The maximum rate of interest as so determined by the Commissioner shall become effective on the 1st day of the succeeding month. The Department of Banking and Finance shall maintain an official record of the actions by the Commissioner fixing the legal rate of interest at the beginning of each calendar month. Certification by the Department of Banking and Finance of the legal rate of interest in effect for any particular month shall constitute prima facie evidence and shall be admissible in any court. (5) Real estate loans, the repayment of which is guaranteed or insured by the United States or by any agency or instrumentality thereof, shall not be subject to any maximum rate of interest. (6) (A) Amounts paid to, or contracted to be paid to, the lender by persons other than the borrower shall not be considered interest and shall not be taken into account in the calculation of interest. (B) Intangible recording taxes paid by the borrower on long-term real estate loans shall not be considered interest and shall not be taken into account in the calculation of interest.

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(7) The rate of interest applicable to a real estate loan shall be computed upon the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term. Any sums of money reserved or taken for the loan or forbearance which are in the nature of and taken into account in the calculation of interest, even though paid at one time, shall be spread over the stated term of the loan for the purpose of determining the rate of interest under this Section. (8) Any partial prepayment on a real estate loan shall be applied against the principal amount outstanding and shall not postpone the due date of any installments or change the amount of such installments unless the borrower shall be in default on any payment or payments for any reason, in which event the lender shall credit the prepayments to the defaulted installments until the total sum of such defaulted installments are brought current. (d) In the event subsection (a), (b) or (c) of this Section, or any part thereof, is declared or adjudged invalid or unconstitutional, then (1) The maximum rate of interest on real estate loans shall not exceed ten percent; and (2) In no event shall the portion of the interest contracted for on any real estate loan settled on or after the effective date of this Act which is not in excess of the ten percent per annum be forfeited. (e) Nothing contained in this Section shall be construed to amend, modify, supersede or repeal any Act, Section or any other law which presently allows any person, company or corporation to reserve, charge or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than the maximum rate of interest authorized by this Section, including but not limited to, an Act relating to interest on installment loans, approved August 16, 1912 (Ga. Laws 1912, p. 144), as amended by an Act approved March 31, 1937 (Ga. Laws 1937, p. 463), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 1197), the same being codified as Georgia Code Section 57-116, as now or hereafter amended; an Act known as the `Georgia

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Industrial Loan Act', approved March 4, 1955 (Ga. Laws 1955, p. 431), as now or hereafter amended; an Act relating to interest rates on loans to certain corporations, approved March 30, 1961 (Ga. Laws 1961, p. 300), the same being codified as Georgia Code Section 57-118, as now or hereafter amended; an Act relating to charges and interest on secondary security deeds, approved March 16, 1966 (Ga. Laws 1966, p. 574), as amended by an Act approved April 14, 1967 (Ga. Laws 1967, p. 637), an Act approved April 8, 1968 (Ga. Laws 1968, p. 1086), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1114), an Act approved March 24, 1976 (Ga. Laws 1976, p. 726), and as hereafter amended, and an Act relating to interest on loans of $100,000.00 or more, approved March 14, 1969 (Ga. Laws 1969, p. 80), the same being codified as Georgia Code Section 57-119, as now or hereafter amended. Section 2. Until April 1, 1979, the maximum rate of interest on real estate loans in this State shall be the maximum rate of interest in effect on the day immediately preceding the date this Act becomes effective. 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. The General Assembly hereby declares that the repeal of Code Section 57-101.1 of Code Title 57 contained in Section 1 of this Act is unqualified and complete and that the effectiveness of such repeal is not dependent upon the validity of any other provision 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 9, 1979.

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FIREMEN'S RETIREMENT SYSTEM ACT AMENDED. No. 39 (House Bill No. 124). AN ACT To amend an Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating the Firemen's Retirement System, approved March 3, 1955 (Ga. Laws 1955, p. 339), as amended, particularly by an Act approved March 27, 1968 (Ga. Laws 1968, p. 441), and an Act approved February 25, 1976 (Ga. Laws 1976, p. 235), and an Act approved February 25, 1976 (Ga. Laws 1976, p. 241), so as to change the provisions relating to requirements for reinstatement under the Firemen's Retirement System; to change the provisions relating to membership in the Fund; to provide for an increase in the monthly retirement benefits of eligible firemen or volunteer firemen; to change the provisions relative to the election of certain retirement benefit payment options so as to provide benefits under certain circumstances to the spouse of an eligible fireman or volunteer firemen who dies prior to the receipt of any retirement benefits; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia and creating the Firemen's Retirement System, approved March 3, 1955 (Ga. Laws 1955, p. 339), as amended, particularly by an Act approved March 27, 1968 (Ga. Laws 1968, p. 441), and an Act approved February 25, 1976 (Ga. Laws 1976, p. 235), and an Act approved February 25, 1976 (Ga. Laws 1976, p. 241), is hereby amended by adding a new subsection at the end of Section 5A, to read as follows:

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(h) Any fireman or volunteer fireman who withdraws from the Fund and later seeks reinstatement to the Fund under the provisions of this Act must reapply to and may be accepted by the Board of Trustees for membership in the Fund, if the applicant meets the medical and other requirements set forth in Section 5, as amended, as a prerequisite to reinstated membership. Section 1A. Said Act is further amended by striking the first sentence in Section 5 of said Act which reads as follows: All firemen or volunteer firemen shall make application to the Board for membership in the Fund within four (4) months of becoming employed as a fireman or enrolled as a volunteer fireman. and inserting in lieu thereof the following language: Any person employed as a fireman or enrolled as a volunteer fireman is eligible to make application to the Board for membership in the Fund, provided he is of such age so as to be able to make the monthly payments required by this Section for a period of not less than twenty (20) years prior to the attainment of the normal retirement age of fifty-five (55). Upon becoming a member of the Fund, a fireman or volunteer fireman shall receive credit only from the date of his becoming a member of the Fund. Section 2. Said Act is further amended by striking subsection (a) of Section 7 in its entirety, and inserting in lieu thereof a new subsection (a) of Section 7, to read as follows: Section 7. Retirement of Firemen; pensions. (a) Any eligible fireman or volunteer fireman who has served twenty-five (25) years as a fireman or volunteer fireman, upon application to and approval by the Board, shall be retired upon a monthly pension of three hundred forty ($340.00) dollars, payable for his lifetime; provided that any fireman or volunteer fireman terminating employment as a fireman or volunteer fireman after twenty-five (25) years of service, but before reaching the age of fifty-five (55) years, may cease his monthly five ($5.00) dollars contribution to the Fund and upon reaching the age of fifty-five (55) years and being otherwise eligible, shall be paid a pension of three hundred forty ($340.00) dollars per month; provided, further, that no person shall be eligible

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for a pension hereunder until his official duties as a fireman or volunteer fireman shall have terminated; provided, further, that no person receiving pension benefits under any previous Firemen's Pension Fund Act shall be eligible for the three hundred forty ($340.00) dollars per month retirement benefits provided herein. Section 3. Said Act is further amended by striking subsection (c)(1) of Section 7 in its entirety and inserting in lieu thereof a new subsection (c)(1) of Section 7, to read as follows: (1) Option A: Joint and Survivor Option. A decreased retirement benefit which shall be payable during the joint lifetime of both the member and his spouse and which shall continue after the death of the member during the lifetime of the spouse in the amount chosen by the member, which shall be one hundred (100%) percent, seventy-five (75%) percent, sixty-six and two/thirds (66-2/3%) percent, or fifty (50%) percent of the member's benefits. Provided, however, that any member who has completed twenty (20) years of creditable service may elect that, in the event of such member's death prior to receiving any retirement benefits hereunder, his spouse shall receive decreased retirement benefits in the amount elected by the member, which shall be one hundred (100%) percent, seventy-five (75%) percent, sixty-six and two/thirds (66-2/3%) percent, or fifty (50%) percent of the benefits to which the member would have been entitled based upon his creditable service as of the time of his death. The decreased retirement benefits payable to the spouse of a member who dies prior to receiving any retirement benefits hereunder shall: (i) commence on the date the member would have become fifty-five (55) years of age; and (ii) not be payable unless, prior to the member's death, the election of same had been made in the form and manner prescribed by the Board and filed with the Board. Section 4. If any part, section, sentence, clause or phrase of this Act is declared or adjudged unconstitutional or void, the General Assembly hereby declares that it would have enacted the remaining parts, sections, sentences, clauses or phrases and they shall be considered severable and not affected thereby. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1979. THE GEORGIA INDIGENT DEFENSE ACT. No. 40 (House Bill No. 185). AN ACT To provide defense services for indigent persons accused of crime; to provide for a short title; to provide for a declaration of policy as to indigent defense; to continue existing local defense programs not electing to participate in the programs provided for in this Act; to provide for a Georgia Indigent Defense Council; to provide for the duties and responsibilities of the Council; to provide for staff to the Council; to provide for records and reports; to provide for guidelines for indigent defense programs; to provide that the Supreme Court of Georgia may amend or modify the guidelines; to provide for local tripartite governing committees; to provide for such committees, duties and responsibilities; to provide for the development of plans governing local indigent defense programs; to provide for the recovery of funds which are expended in behalf of persons not entitled to participate in the programs provided for in this Act; to provide for procedures to insure competence of representation; to provide for immunity; 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 as and may be cited as The Georgia Indigent Defense Act. Section 2. Declaration of Policy. It is the policy of the State of Georgia to provide the constitutional guarantees of the right to counsel and equal access to the courts to all its citizens in criminal cases and to provide:

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(a) Adequate defense services for indigent persons accused of crime; (b) Adequate compensation for counsel who represent indigent persons accused of crime; (c) Guidelines to insure that indigent persons receive a fair trial; (d) Flexibility within the guidelines to meet local needs; (e) A system to insure that the local responsibility to provide fair and adequate defense to indigent persons is met; (f) That the independence of counsel be insured; (g) For defense counsel training to promote economy and competent representation; (h) A procedure to recover public funds from any person who unlawfully receives assistance under this Act; (i) Equitable distribution of funds to local programs on a need basis; (j) That the State be responsible for funding the indigent defense system herein established; (k) For the development and control of local indigent defense programs to be the responsibility of local tripartite governing committees herein authorized which are representative of local bars, the judiciary and the local governing authorities, these committees must be given a reasonable time to develop plans for local programs; (l) Reasonably early entry into indigent cases by counsel so that the indigent accused shall be represented prior to any critical stage of the prosecution; and (m) Where feasible, that the local members of the bar be utilized in providing indigent defense services.

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Section 3. Continuation of Existing Local Programs. This Act is intended to apply only to programs receiving State appropriated funds as provided herein. Nothing in this Act shall preclude a superior court or county governing authority from establishing a local defense program or continuing a local defense program established prior to the effective date of this Act which utilizes local, private or federal funds available to the county. This Act is not intended nor shall it be so construed to confer jurisdiction by the Georgia Indigent Defense Council, herein created, over any program now or at any time electing not to receive State funding provided by this Act. Section 4. Georgia Indigent Defense Council: Creation. (a) To implement the policy declared in Section 2 of this Act, there is hereby established, as a separate agency within the judicial branch of State government, the Georgia Indigent Defense Council. (b) The Council shall be composed of thirteen persons appointed by the Supreme Court of Georgia; one active member of the State Bar of Georgia shall be selected from each of the ten judicial administrative districts of the State and three nonlawyers selected from the State at large. (c) Except as hereinafter provided, members of the Council shall be appointed to serve for a term of four years each and until their respective successors are duly appointed and qualified. The initial members appointed by the supreme court from the first, third, fifth, seventh and ninth judicial administrative districts shall be appointed for an initial term of two years, and the members from the second, fourth, sixth, eighth and tenth judicial administrative districts shall be appointed for an initial term of four years each and until their respective successors are duly appointed and qualified. The nonlawyer members selected from the State at large shall be appointed by the supreme court for an initial term of four years each and until their successors are duly appointed and qualified. The initial members of the Council shall take office within thirty days of the effective date of this Act and shall serve until the first day of July of the year their terms of office expire. The succeeding members of the Council shall begin their terms of office on the first day of July of the year in which they are appointed. No person shall be eligible to succeed himself for a consecutive four-year term as a member of the Council.

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(d) In the event a vacancy occurs on the Council, the supreme court shall appoint a person with the qualifications of the member whose position has become vacant to serve for the remainder of the unexpired term. The person appointed to fill such vacancy shall take office immediately upon appointment. (e) The Council shall meet at least quarterly, and at such other times and places as it shall deem necessary or convenient to perform its duties. The Council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the Council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the Council from those funds available to the Council. (f) The Georgia Indigent Defense Council shall be a legal entity; shall have perpetual existence; amy contract; may own property; may accept funds, grants and gifts from any public or private source which shall be used to defray the expenses incident to implementing its purposes; and may establish a principal office. Section 5. Purposes and Duties. The Georgia Indigent Defense Council shall have the following purposes: (a) to administer funds provided by the State and federal government to support local indigent defense programs as defined in this Act; (b) to recommend uniform guidelines consistent with the provisions of the Act within which local indigent defense programs established under this Act shall operate; (c) to provide to local programs and attorneys who represent indigents technical and research assistance, planning assistance, clinical and training programs, and other administrative services to fulfill the purpose of this Act; (d) to prepare budgets, reports and management information required for the responsible implementation of this Act.

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Section 6. Personnel and Facilities. (a) The Council may employ such staff, professional, administrative and otherwise, as it deems necessary to carry out its responsibilities under this Act and to provide compensation and expenses for said staff from funds appropriated to or otherwise available to the Council. (b) Funds provided the Council may not be used to employ an attorney or attorneys to appear in court in behalf of criminal defendants in any jurisdiction unless the local tripartite committee requests such representation; provided, however, that if local counsel certifies to the tripartite committee that additional counsel is needed in order to effectively preserve the Sixth Amendment rights of the defendant, such request should be compassionately considered and granted if it appears to be in the interest of substantial justice. (c) Office space, furniture, equipment, books, postage, supplies, salaries, normal operating costs and overhead, and such other items of expense as are necessary to carry out the purposes of this Act may be paid for from funds appropriated to or otherwise available to the Council. Section 7. Records and Reports. (a) The Council shall prepare annually a report of its activities to provide the General Assembly, the Governor and the supreme court with an accurate description and accounting of the preceding year's expenditures and accomplishments. Each tripartite committee shall report such data to the Council as is necessary to compile such report. (b) The Council shall also provide to the General Assembly, the Governor and the supreme court a detailed analysis of all grants and funds, whether public or private, applied for or granted together with how and in what manner the same is to be utilized and expended. Section 8. Funding. (a) The Council shall prepare an annual budget according to the provisions of law in order to obtain the necessary funding for fulfilling the purposes of this Act. The Council is also authorized to seek, solicit, apply for and utilize funds from any public source for use in fulfilling the purposes of this Act. Private funds may be sought, solicited, applied for and utilized for training purposes.

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(b) At least ninety percent of all State appropriated funds shall be distributed by the Council to participating counties on an equitable basis, based on judicial administrative district and judicial circuit population and indigent criminal caseloads, and previous year expenditures for the provision of defense services at the local level. (c) The details of notification of the amount of funds available and the method for the distribution of such funds to the Tripartite Governing Committees for the purpose of carrying out the provisions of this Act shall be set forth in the Guidelines approved by the Supreme Court pursuant to Section 9 of this Act. Section 9. Guidelines. Guidelines for the operation of this Act shall be proposed by the Georgia Indigent Defense Council and submitted to the Supreme Court of Georgia for approval and adoption. The Guidelines shall include procedures for the appeal by any county affected of an adverse decision by the Counsel to the Supreme Court. Prior to submitting guidelines to the supreme court, the Council shall invite suggestions from the State Bar of Georgia, the Council of Superior Court Judges of Georgia, the Council of Juvenile Court Judges, the State Court Judges and the Prosecuting Attorneys Council. The supreme court may amend or modify the guidelines upon sixty days' notice to the Georgia Indigent Defense Council. Upon adoption, the guidelines shall be published in the same manner as are the Rules of the Supreme Court. Section 10. Local Indigent Defense Programs; Local Tripartite Governing Committees; Authorized. (a) Each county commission chairman (or sole commissioner) in each county of the State of Georgia, each superior court judge, and each president of every local bar association listed in the most current records of the State Bar of Georgia shall be notified by the Council of the availability of funds and of the procedures for the distribution of funds to local government under the guidelines, as defined by this Act, not more than sixty days after the approval of said guidelines by the supreme court. (b) A proposal of a county or combination of counties within a judicial circuit to establish a State funded local indigent defense program shall be proposed by a local tripartite governing committee. If the committee acts for one county alone, then that committee shall be composed of at least one person representative of the county

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governing authority, that person being appointed by the county commission chairman (or sole commissioner), and at least one representative of the superior court selected by the chief judge of the judicial circuit within that county lies, and at least one representative of the county or local bar association (as listed in the most current records of the State Bar of Georgia), that representative being appointed by the bar association president. If the committee acts for a combination of counties within a judicial circuit to propose the establishment of a State funded indigent defense program to operate in such a combination of counties, then a majority of the chairmen (or sole commissioners) shall appoint at least one person representative of the county governing authorities involved, the chief judge of the superior court of that circuit shall appoint at least one person representative of the court, and the majority of the presidents of the local bar associations involved shall appoint at least one representative of the bar association. (c) The designated representatives shall not be judges, prosecutors or public defenders. A committee may be composed of three or more members, but the court, the local governing authorities and the local bar shall have an equal number of representatives. (d) If no local bar association exists, the president of the State Bar of Georgia shall appoint a local attorney or attorneys to the committee upon request of either the chief judge of the superior court or the county commission chairman of a county seeking to establish a program under this Act. (e) The committee member or members in each jurisdiction appointed by the chief judge of the superior court of the local jurisdiction shall be appointed for an initial term of one year, and the committee member or members appointed by the president of the local bar association shall be appointed for an initial term of two years. The member or members in each jurisdiction appointed by the county commission shall be appointed for an initial term of three years. Following the initial terms of office, all succeeding members shall be appointed for terms of office of three years each and until their respective successors are duly appointed and qualified. The initial members of the respective committees shall take office within thirty days of the effective date of their appointments and shall serve until their respective terms of office expire. No person shall be eligible to succeed himself for a three-year term as a member of a committee.

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Section 11. Local Tripartite Governing Committees, Duties, Plans for Local Indigent Defense Programs. (a) Each committee shall propose a plan for the establishment of a State funded local indigent defense program and submit this plan to the Georgia Indigent Defense Council for funding. (b) After approval of the plan by the Georgia Indigent Defense Council, the committee shall implement and manage the local program within the guidelines as approved and promulgated by the supreme court. (c) The plan proposed by the local committee shall comply with the guidelines approved and promulgated by the Supreme Court of Georgia and shall provide for: The independence of counsel, reasonable early entry by counsel into case, a procedure to determine whether or not persons seeking assistance are eligible as indigents, a procedure for determining that attorneys representing indigents are competent in the practice of criminal law and a rate of compensation and schedule of allowable expenses to be paid for indigent defense services. (d) The Georgia Indigent Defense Council shall include in its response to a proposal from a local tripartite governing committee a budget statement which specifies the maximum cost to the county or counties participating of operating the proposed program; such budget to be made binding by contract between the Council and the county or counties participating upon acceptance by the county. (e) Each committee shall meet at least semiannually and at such other times and places as it shall deem necessary or convenient to perform its duties. Each committee shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the committee shall receive no compensation for their services but shall be reimbursed for their actual expense incurred in the performance of their duties as members of a committee from funds made available to the local program for that purpose. Section 12. Recovery from Defendant. The State or county may recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this Act:

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(a) to which he was not entitled; (b) with respect to which he was not financially eligible when he received it; (c) with respect to a person who, on the date on which suit is brought, is financially able to reimburse the State or county but refuses to do so; or (d) with respect to which the court concerned ordered him to provide partial or full reimbursement for representation or other costs. Any compensation paid to the attorney shall be prima facie evidence of the value of such services rendered. The court concerned may enter such an order as to the amount paid to the attorney, which shall be a part of the official record of the proceedings. Section 13. Protection not Exclusive. The protections provided by this Act shall not exclude any protection or sanction that the law otherwise provides for accused persons. Section 14. Competence to Provide Services to Indigent Defendants. No person may be assigned the primary responsibility of representing an indigent person unless he is authorized to practice law in this State and is otherwise competent to counsel and defend a person accused of crime. Guidelines of competence and training shall be promulgated by the supreme court. Section 15. Appointment of Counsel by the Court. This Act expressly recognizes the inherent power of the court to appoint counsel to represent indigent defendants and to order compensation and reimbursement from county funds in individual cases as the proper administration of justice may require. Section 16. Immunity from Suit. The members of the Supreme Court of Georgia, the members of the Council, the members of local governing committees and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall be immune from suit arising from any actions in relation to the implementation and carrying out of the purposes of this Act.

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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. This Act shall be repealed and the council created herein shall be abolished four (4) years after the effective date of this Act. Section 19. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. The 1968 Criminal Justice Act, approved April 8, 1968 (Ga. Laws 1968, p. 999), as amended, is not repealed. Said Act shall continue to govern indigent defense arrangements in jurisdictions electing not to participate in State funded programs provided pursuant to this Act. Approved March 9, 1979. DEPARTMENT OF OFFENDER REHABILITATIONCOSTS OF MAINTAINING CERTAIN PRISONERS. No. 42 (House Bill No. 243). AN ACT To amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, so as to provide for the reimbursement of counties for the cost of maintaining certain prisoners in the

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county jails before such prisoners are transferred to the place of confinement where the sentence is to be served; 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 prisons, public works camps and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, is hereby amended by adding at the end of the first paragraph of subsection (b) of Section 13 the following: After proper documentation is received from the Clerk of the Court and there exists no further right to appeal, the Department of Offender Rehabilitation shall have thirty days to transfer a prisoner under sentence to the place of confinement. If the prisoner is not transferred within the said thirty days, the Department will reimburse the county, pursuant to rules and regulations adopted by the Board of Offender Rehabilitation and in such an amount as may be appropriated for this purpose by the General Assembly, for the cost of the incarceration commencing thirty days after proper documentation is received by the Department from the Clerk of the Court and there exists no further right of appeal. The reimbursement provisions of this Section shall only apply to payment for the incarceration of felony prisoners available for transfer to the Department, except prisoners under death sentence, awaiting transfer after their initial trial, and shall not apply to prisoners who were incarcerated under the custody of the Commissioner of Offender Rehabilitation at the time they were returned to the county jail for trial on additional charges or returned to the county jail for any other purposes including for the purpose of a new trial. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1979.

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STATE BOARD OF LANDSCAPE ARCHITECTSMEMBERS. Code Section 84-4005 Amended. No. 47 (Senate Bill No. 28). AN ACT To amend Code Section 84-4005, relating to the Georgia State Board of Landscape Architects, so as to provide for the appointment of an additional member of the board; to change the provisions relating to the quorum of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-4005, relating to the Georgia State Board of Landscape Architects, is hereby amended by striking from the second sentence of subsection (a) of said Code Section the word three and inserting in lieu thereof the word four and by deleting therefrom the thrid sentence of said subsection and substituting in lieu thereof the following: Three of the four members shall be licensed landscape architects who shall be residents of this State and actively engaged in the practice of landscape architecture. The fourth member of the board shall be a resident of this State and shall have no connection whatsoever with the practice of landscape architecture., so that when so amended, subsection (a) of Code Section 84-4005 shall read as follows: (a) The Georgia State Board of Landscape Architects is hereby re-created under the Secretary of State and the Joint Secretary, State Examining Boards. The board shall be composed of four members, each of whom shall be appointed by the Governor. Three of the four members shall be licensed landscape architects who shall be residents of this State and actively engaged in the practice of landscape architecture. The fourth member of the board shall be a resident of this State and shall have no connection whatsoever with the practice of landscape architecture. The present members of the board shall

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serve the remainder of their terms of office, as provided by the law under which each was appointed. Upon the expiration of each present member's term of office, a successor shall be appointed for a term of four years, and all succeeding appointments made under this subsection shall be for four-year terms. Section 2. Code Section 84-4005 is further amended by striking from the first sentence of subsection (c) of said Code Section, relating to the quorum of the board, the following: Two, and inserting in lieu thereof the following: Three, and by striking the following: three, and inserting in lieu thereof the following: four, so that when so amended, subsection (c) of Code Section 84-4005 shall read as follows: (c) Three of the four members so appointed shall constitute a quorum for the transaction of any business of the board. The board shall select from its members a chairman, and may do all things necessary and convenient for its own government and to carry into effect the provisions of this Chapter, and may promulgate necessary rules and regulations to carry out the provisions of this Chapter, not otherwise inconsistent herewith, including regulations governing the professional conduct of persons licensed by the board. The board shall be authorized to meet as often as necessary in order to conduct its business, but in no event shall the board meet less than twice during every calendar year. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1979.

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BOARD OF NURSINGMEMBERS, ETC. Code Section 84-1002 Amended. No. 48 (Senate Bill No. 32). AN ACT To amend Code Section 84-1002, relating to the Board of Nursing, as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 501), so as to provide for the appointment of an additional member of the Board; to change certain of the provisions relative to the appointment of members; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-1002, relating to the Board of Nursing, as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 501), is hereby amended by striking from the first sentence of subsection (a) of said Code Section the word seven and substituting in lieu thereof the word eight, and by adding in the fifth sentence after the word vacancies the following: to be filled by a registered professional nurse, so that when so amended, subsection (a) of Code Section 84-1002 shall read as follows: (a) The Georgia Board of Nursing is hereby created and shall consist of eight members. The initial membership of the Board shall consist of the five members of the Board of Examiners of Nurses for Georgia who are in office on the effective date of this Chapter and two persons licensed to practice nursing as registered professional

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nurses in Georgia appointed by the Governor, at least one of whom shall be appointed from a list of five nominees submitted for that purpose by the Georgia Nurses' Association, Inc. The initial members of the Board from the Board of Examiners of Nurses for Georgia shall be appointed to terms which correspond to the terms which they were serving. The other initial members shall be appointed to terms which shall expire on September 23, 1977, or until their successors are duly appointed and qualified. Annually, thereafter, the Georgia Nurses' Association, Inc., shall submit to the Governor a list of nominees which shall include five times as many nominees as the number of vacancies to be filled by a registered professional nurse occurring in that year on the Board. The Governor shall appoint members to fill the position held by members whose terms are expiring, with the confirmation of the Senate. Members, other than initial members, shall be appointed to three-year terms and until their successors are duly appointed and qualified. At least one appointment to fill an expiring term each year shall be from the list of nominees submitted by the Georgia Nurses' Association, Inc., for that year. No member shall be appointed to more than two consecutive full terms. Section 2. Said Code Section is further amended by striking the word All from subsection (c) and substituting in lieu thereof the word Seven and by adding at the end of said subsection the following: The eighth member of the Board shall be appointed by the Governor from the public at large who shall be a citizen of the United States and a resident of the State of Georgia and shall have no connection whatsoever with the nursing profession. The citizen member who is not a registered professional nurse may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of nurses for licensing in this State., so that when so amended, subsection (c) of Code Section 84-1002 shall read as follows: (c) Seven members appointed to the Board shall be licensed to practice nursing as a registered professional nurse in Georgia, shall have practiced nursing as a registered professional nurse for at least five years since graduation and immediately prior to appointment,

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shall be engaged in full or part-time paid employment in clinical, educational, or administrative positions, or any combination thereof, shall be citizens of the United States, and shall be residents of the State of Georgia. The eighth member of the Board shall be appointed by the Governor from the public at large who shall be a citizen of the United States and a resident of the State of Georgia and shall have no connection whatsoever with the nursing profession. The citizen member who is not a registered professional nurse may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of nurses for licensing in this State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1979. COMPOSITE STATE BOARD OF MEDICAL EXAMINERSMEMBERS. Code Chapter 84-9 Amended. No. 49 (Senate Bill No. 33). AN ACT To amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 1156), so as to provide for the appointment of an additional member of the Board; to provide for the qualifications and duties of the additional Board member; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, particularly by an Act

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approved March 28, 1974 (Ga. Laws 1974, p. 1156), is hereby amended by striking in its entirety subsection (a) of Code Section 84-902, relating to the composition of the Board, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A Board is hereby established to be known by the name and style of the Composite State Board of Medical Examiners, which Board shall be composed of thirteen members, twelve physician members and one citizen member, all citizens of the United States and all residents of the State of Georgia. The twelve physician members shall be practicing physicians, of integrity and ability and have been duly licensed to practice in this State, ten of whom shall be graduated from reputable medical schools conferring the M.D. degree and two of whom shall have graduated from a reputable osteopathic school conferring the D.O. degree, and all of whom shall have been engaged in the active practice of their profession within this State for a period of at least five years. There shall be appointed, as vacancies occur in posts held by holders of the M.D. degree, a Board member to represent each congressional district in the State as hereinafter provided. Any vacancy occurring in a post held by a holder of the D.O. degree shall be filled by a D.O. from the State at large as hereinafter provided. The citizen member shall be appointed by the Governor from the State at large and shall have no connection whatsoever with the practice of medicine. Hereinafter, whenever in this Chapter reference is made to the `State Board of Medical Examiners' or `Board of Medical Examiners' or `Board', it shall mean the `Composite State Board of Medical Examiners'. Section 2. Said Code Section is further amended by adding at the end of subsection (b) the following: Provided, however, the citizen member who is not a practicing physician may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of physicians in this State., so that when so amended, subsection (b) of Code Section 84-902 shall read as follows: (b) Said Board shall perform such duties, and posses and exercise such powers relative to the protection of the public health, and the control of regulation of the practice of medicine and osteopathy

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as this Chapter prescribes and confers upon it and shall have the power to carry out investigations, either through the Joint Secretary or independently. Provided, however, the citizen member who is not a practicing physician may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of physicians in this State. Section 3. Code Section 84-903, relating to the appointment of Board members, as amended, is hereby amended by striking from the first sentence thereof the words Twelve physicians and substituting in lieu thereof the following: The twelve physician members and the one citizen member, so that when so amended, Code Section 84-903 shall read as follows: 84-903. The twelve physician members and the one citizen member, who shall possess the qualifications specified in Section 84-902, shall constitute the membership of the Composite State Board of Medical Examiners. The ten members of the State Board of Medical Examiners at the time of the passage of this Amendment shall become members of the Composite Board to serve terms coextensive with their terms on the State Board at the time of the passage of this Amendment. No member shall be reappointed nor shall any new member be appointed to fill a vacancy in a post held by an M.D. member from any congressional district in the State which has more than one member on said Board. The other two members of the Board shall be appointed from among the members of the Board of Examiners in Osteopathy in office at the time of the passage of this Amendment, to serve terms coextensive with their terms on the Board of Examiners in Osteopathy at the time of the passage of this Amendment. All future appointments shall be made to serve for a term of four years and until his successor is appointed and qualified. All reappointments and new appointments shall be made so that each congressional district in the State shall be represented by an M.D. member at all times. Any vacancy that may occur in said Board in consequence of death, resignation, removal from the State or other cause shall be filled for the unexpired term in the same manner as regular appointments are made. A majority of the Board shall constitute a quorum. All appointments to the Board shall be made by the Governor and confirmed by the Senate. Appointments

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to the Board of members who must hold an M.D. degree shall be made by the Governor from a list of not less than three nor more than five qualified candidates submitted to the Governor by the Medical Association of Georgia. Appointments to the Board of members who must hold a D.O. degree shall be made by the Governor from a list of not less than three nor more than five qualified candidates submitted to the Governor by the Georgia Osteopathic Association. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1979. STATE BOARD OF NURSING HOMESMEMBERS, ETC. No. 50 (Senate Bill No. 35). AN ACT To amend an Act creating the State Board of Nursing Homes, approved April 8, 1968 (Ga. Laws 1968, p. 1143), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1184), 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: Section 1. An Act creating the State Board of Nursing Homes, approved April 8, 1968 (Ga. Laws 1968, p. 1143), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1184), is hereby amended by striking from the first sentence of Section 2 the word twelve and substituting in lieu thereof the word thirteen, and by striking in its entirety subsection (d) of Section 2, relating to the composition of the board, and substituting in lieu thereof a new subsection (d) to read as follows:

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(d) Three members of the public at large who are not nursing home administrators or pecuniarily interested in any nursing home or have any connection with the nursing home industry whatsoever. Two of these three public-at-large positions shall be appointed from a list of three persons for each of these two positions submitted by the Board of Human Resources. The Governor is vested with complete discretion in appointing the third member for one of these public-at-large positions;, and by striking from Section 2 the following: Provided, that the persons who, on the effective date of this amendment are members of the Georgia State Board of Nursing Homes, shall constitute the seven members of the Georgia State Board of Nursing Home Administrators provided for in subparagraph (f) above and shall serve the remainder of the term for which they each were appointed., so that when so amended, Section 2 shall read as follows: Section 2. There is hereby created the Georgia State Board of Nursing Home Administrators, which shall consist of thirteen members, none of whom may be employees of the United States Government, or of the State of Georgia, and the Commissioner of Human Resources, or his designee, who shall serve as ex officio member of the board. The members of the board shall be appointed by the Governor with the approval of the Secretary of State, and confirmed by the Senate, as follows: (a) One member who is a licensed medical doctor in this State and who is not a nursing home administrator or pecuniarily interested in any nursing home, to be appointed from a list of three persons submitted by the Medical Association of Georgia; (b) One member who is a registered nurse in this State and who is not a nursing home administrator or pecuniarily interested in any nursing home, who may be appointed from a list of three persons submitted by the Executive Board of Georgia Nurses Association; (c) One member who is an educator with a graduate degree and specializing in the field of gerontology, and who is not a nursing home administrator or pecuniarily interested in any nursing home;

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(d) Three members of the public at large who are not nursing home administrators or pecuniarily interested in any nursing home or have any connection with the nursing home industry whatsoever. Two of these three public-at-large positions shall be appointed from a list of three persons for each of these two positions submitted by the Board of Human Resources. The Governor is vested with complete discretion in appointing the third member for one of these three public-at-large positions; (e) One member who is a hospital administrator in this State and who is the holder of a master's degree in hospital administration, and who is not a nursing home administrator or pecuniarily interested in any nursing home, to be appointed from a list of three persons submitted by the Georgia Hospital Association; (f) Six members, at least one of whom shall represent nonproprietary nursing homes, who are licensed nursing home administrators in this State, who may be appointed from a list of three members for each position submitted by the Board of Directors of the Georgia Nursing Home Association, Inc. The term for all members shall be three years from the date of appointment. A member may be removed for cause by the Governor. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1979.

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GEORGIA COUNCIL FOR THE ARTS AND HUMANITIESREESTABLISHMENT OF ARTS COUNCIL. No. 51 (Senate Bill No. 37). AN ACT To amend an Act creating the Georgia Council for the Arts and Humanities, approved March 24, 1976 (Ga. Laws 1976, p. 748), so as to provide for the reestablishment of the Arts Council; to modify the selection criteria for Council members; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Council for the Arts and Humanities, approved March 24, 1976 (Ga. Laws 1976, p. 748), is hereby amended by striking subsection (a) of Section 3 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) The Council shall consist of twenty-four members to be appointed by the Governor. The members shall consist of two members from each congressional district and four members representing the State at large. All members shall have demonstrated an interest in the arts and humanities. Except for certain members who are appointed in 1979, the term of office of each member shall be three years. In 1979, eight members shall be appointed for terms of office of one year, eight members for terms of two years, and eight members for terms of three years. Such initial appointments shall be made so that no more than one member from each congressional district or two State-at-large members' terms of office shall expire in any one year. Vacancies shall be filled for unexpired terms in the same manner as the original appointment. Membership on the Council shall be limited to two successive three-year terms, provided a member may be reappointed after a lapse of one year. No member initially appointed to one or two-year terms of office shall be prohibited from serving two consecutive three-year terms of office. Section 2. Upon the effective date of this Act, the terms of office of the members of the Council serving as such shall be terminated

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and new members to the Council shall be appointed within 180 days of the effective date of this Act pursuant to Section 1 of this Act. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1979. THE GEORGIA COGENERATION ACT OF 1979. No. 52 (House Bill No. 8). AN ACT To provide for a short title; to provide for definitions; to provide that cogenerators generating for their own use are exempt from Public Service Commission jurisdiction; to provide that cogenerators may sell excess power to the electric supplier and not be subject to the jurisdiction of the Public Service 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. This Act shall be known and may be cited as The Georgia Cogeneration Act of 1979. Section 2. As used in this Act: Person means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. Cogeneration facility means a facility which produces electric energy and steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating or cooling purposes.

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Cogenerator means the person who is the owner of the cogeneration facility. Electric supplier means any electric light and power company in the State of Georgia subject to regulation by the Public Service Commission, and electric membership corporation furnishing wholesale service, any municipality or any association which furnishes wholesale service to any municipality, and the Tennessee Valley Authority. Section 3. Any person may operate a cogeneration facility without being subject to the jurisdiction or regulation of the Georgia Public Service Commission if such person shall use all of the electric energy and steam or other form of useful energy produced at such cogeneration facility. The electric energy shall not be sold to any other person except as provided in Section 4 below. Section 4. Any person may operate a cogeneration facility and sell any excess electric energy to an electric supplier without being subject to the jurisdiction or regulation of the Georgia Public Service Commission if the power production capacity of such cogeneration facility does not exceed thirty megawatts electric. 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 13, 1979.

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GEORGIA COUNCIL FOR ENERGY RESOURCESMEMBERS. No. 53 (House Bill No. 10). AN ACT To amend an Act creating the Georgia Council for Energy Resources approved April 9, 1976 (Ga. Laws 1976, p. 1740), so as to change the membership of the Council; to provide for the abolishment 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 Council for Energy Resources approved April 9, 1976 (Ga. Laws 1976, p. 1740), is hereby amended by striking in its entirety Section 3 and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The Council shall consist of eleven (11) members as follows: the Vice President for Research, University of Georgia; the Vice President for Research, Georgia Institute of Technology; two members of the House of Representatives to be appionted by the Speaker thereof; two members of the Senate to be appointed by the Lieutenant Governor; and five individuals from and representative of the public at large to be appointed by the Governor. The Council shall meet upon the call of the Governor. Appointments to the Council shall be made within 30 days of the Governor's announcement of the Council session. Unless extended by the General Assembly, the Council shall be abolished on July 1, 1980. 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, 1979.

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COMPENSATION, ETC. OF CERTAIN OFFICIALS. No. 54 (House Bill No. 13). AN ACT To provide certain procedures and requirements which shall be followed prior to effecting any change in the compensation or allowances of certain officials; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation or allowances of the hereinafter listed officials shall not be changed by the governing board or body having the authority to do so unless public notice of such proposed action and amount shall have been given at least thirty (30) days prior to the date such board or body shall consider such action and unless notice of such proposed change shall have likewise been given at least thirty days prior to the date of such proposed change to the Governor by the board or body. Section 2. The provisions of Section 1 shall apply to the compensation and allowances of the Commissioner of the Department of Community Affairs, the Director of the Employees' Retirement System of Georgia, the Director of the State Forestry Commission, the Director of Investigation of the Georgia Bureau of Investigation, the Executive Director of the Georgia Franchise Practices Commission, the Commissioner of Human Resources, the Commissioner of the Department of Industry and Trade, the Commissioner of Natural Resources, the Commissioner of Public Safety, the Chancellor of the University System of Georgia, the Executive Director of the State Scholarship Commission, the Executive Director of the Soil and Water Conservation Committee, the Executive Secretary-Treasurer of the Teachers' Retirement System of Georgia, the Commissioner of Transportation, and the Executive Director of the State Campaign and Financial Disclosure Commission.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1979. GEORGIA ARBITRATION CODE FOR CONSTRUCTION CONTRACTS AMENDED. Code Section 7-302 Amended. No. 55 (House Bill No. 32). AN ACT To amend Code Section 7-302, relating to the applicability of Code Chapter 7-3, known as the Georgia Arbitration Code for Construction Contracts, so as to provide for the applicability of said Chapter to certain additional contracts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 7-302, relating to the applicability of Code Chapter 7-3, known as the Georgia Arbitration Code for Construction Contracts, is hereby amended by striking subsection (b), which reads as follows: (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., and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) This Chapter shall apply only to construction contracts, contracts of warranty on construction, and contracts involving the architectural or engineering design of any building or the design of alterations or additions thereto, and shall provide the exclusive means by which agreements to arbitrate disputes arising under such contracts can be enforced. 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, 1979. BOARD OF NATURAL RESOURCESHUNTING SEASONS, ETC. Code Section 45-513 Amended. No. 56 (House Bill No. 467). AN ACT To amend Code Section 45-513, relating to hunting seasons and bag limits, so as to change the area where it shall be unlawful to hunt raccoons except during certain periods as designated by the Board of Natural Resources; to provide that it shall be lawful to hunt bears during certain periods, as designated by the Board of Natural Resources; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 45-513, relating to hunting seasons and bag limits, is hereby amended by striking paragraph (8) of subsection (a) of said Code Section, which reads as follows:

"GA1979.1.395">

(8) Raccoon March 1-Oct. 14, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Wilkes and Lincoln counties and inserting in lieu thereof the following: (8) Raccoon March 1-Oct. 14, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes and Lincoln counties and by striking paragraph (10) of said subsection which reads as follows: (10) Bear all year, and inserting in lieu thereof the following: (10) Bear Jan. 16-Sept. 14, so that when so amended subsection (a) of Code Section 45-513 shall read as follows: (a) It shall be unlawful to hunt the following game species at any time during the periods set forth below: Game Species Closed Season (1) Quail March 1-Nov. 18 (2) Grouse March 1-Oct. 14 (3) Turkey (A) Gobblers May 6-March 14 (B) Hens all year (4) Deer Jan. 16-Sept. 30 (5) Bobcat March 1-Oct. 14 (6) Opossum March 1-Oct. 14, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin and Hart counties (7) Rabbit March 1-Nov. 18 (8) Raccoon March 1-Oct. 14, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Ogethorpe, Taliaferro, Wilkes and Lincoln counties (9) Squirrel March 1-Sept. 14 (10) Bear Jan. 16-Sept. 14 (11) Sea Turtles and their eggs all year (12) Cougar (Felis concolor) all year (13) Alligators all year (14) Migratory game birds March 11-Aug. 31.

"GA1979.1.396">

Section 2. Said Code Section is further amended by striking paragraph (8) of subsection (b) of said Code section which reads as follows: (8) Raccoon (A) Oct. 15-Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow Clarke, Oglethorpe, Wilkes and Lincoln; and (B) Jan. 1-Dec. 31 for the remainder of the State 1 No limit No limit No limit and inserting in lieu thereof the following: (8) Raccoon (A) Oct. 15-Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes and Lincoln; and (B) Jan. 1-Dec. 31 for the remainder of the State 1 No limit No limit No limit

"GA1979.1.397">

and by adding a new paragraph (12) to subsection (b) of said Code Section to read as follows: (12) Bear Sept. 15-Jan. 15 1 1, so that when so amended subsection (b) of Code Section 45-513 shall read as follows: (b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the Board as open seasons and bag limits for such species. Daily Season (1) Quail Nov. 19-Feb. 29 12 No limit (2) Grouse Oct. 15-Feb. 29 3 No limit (3) Turkey gobblers March 15-May 5 2 2 (4) Deer Oct. 1-Jan. 15 2 2 (5) Bobcat Oct. 15-Feb. 29 No limit No limit (6) Opossum (A) Oct. 15-Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin and Hart; and (B) Jan. 1-Dec. 31 for the remainder of the State No limit No limit No limit No limit (7) Rabbit Nov. 19-Feb. 29 10 No limit (8) Raccoon (A) Oct. 15-Feb. 29, for that area north of and including 1 No limit Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes and Lincoln; and (B) Jan. 1-Dec. 31 for the remainder of the State No limit No limit (9) Squirrel Sept. 15-Feb. 29 10 No limit (10) Fox Jan. 1-Dec. 31 No limit No limit (11) Migratory game birds Sept. 1-March 10 No limit No limit (12) Bear Sept. 15-Jan. 15 1 1 1.

"GA1979.1.398">

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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1979.

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DEPARTMENT OF ADMINISTRATIVE SERVICESSTATE DEPOSITS. Code Chapter 100-1 Amended. No. 57 (House Bill No. 106). AN ACT To amend Code Chapter 100-1, relating to State depositories, as amended, so as to provide that debt obligations issued by certain Federal agencies shall be accepted as collateral by the Director of the Fiscal Division of the Department of Administrative Services to secure State funds on deposit in State depositories; to provide for the nature and type of investments which the Director, Fiscal Division, Department of Administrative Services, may make with funds placed in his care; to provide that interest earned on the investment of Motor Fuel Tax Revenues shall be defined as Motor Fuel Tax Revenues and shall be appropriated for Fiscal Year 1981 and thereafter in conformity with and pursuant to Article III, Section X, Paragraph VII, Subsection (b) of the State Constitution; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 100-1, relating to State depositories, as amended, is hereby amended by striking paragraph 5 of subsection (a) of Code Section 100-108, relating to bonds and securities required to secure State deposits, as amended, in its entirety, and inserting in lieu thereof a new paragraph 5 of subsection (a) of Code Section 100-108, to read as follows: (5) A State depository may deposit with the director bonds, bills, certificates of indebtedness, notes or other obligations of a subsidiary corporation of the United States Government, which are fully guaranteed by the United States Government both as to principal and interest, and debt obligations issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, the Central Bank for Cooperatives, the Farm Credit Banks, the Federal Home Loan Mortgage Corporation, and the Federal National Mortgage Association to secure State funds on deposit in State depositories. The director shall also accept the guarantee or

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insurance of accounts of the Federal Deposit Insurance Corporation and the guarantee or insurance of accounts of the Federal Savings and Loan Insurance Corporation to secure State funds on deposit in State depositories to the extent authorized by Federal law governing the Federal Deposit Insurance Corporation and the Federal Savings and Loan Insurance Corporation. Section 2. Said Code Chapter is further amended by striking in its entirety Code Section 100-117, relating to the requirement that certain State funds be deposited in State depositories, and inserting in lieu thereof a new Code Section 100-117 which, when so amended, shall read as follows: 100-117. All demand funds held by any department, board, bureau or other agency of the State shall be deposited in State depositories, and such funds that are in excess of requirements for current operating expenses shall be so placed under time deposit agreements by the director conforming to interest contracts then having current approval of the board made pursuant to Section 100-103, as now or hereinafter amended, and any funds not so deposited or placed under time deposit agreements shall be subject to immediate withdrawal on order of the director when directed by the board. The board may permit any department, board, bureau, or other agency to invest funds collected directly by that department, board, bureau or agency in short-term time deposit agreements, provided the interest income of those funds are remitted to the director as revenues of the State. All departments, boards, bureaus and other agencies of the State shall report to the board, on such forms and at such times as the board may prescribe, such information as the board may reasonably require concerning deposits and withdrawals pursuant to this Section and shall enable the board to determine compliance with this Section. Interest earned on State funds withdrawn from the treasury of the Fiscal Division, Department of Administrative Services, on approved budgets, shall be remitted to the Fiscal Division, Department of Administrative Services, by each department, board, bureau or agency and placed in the general fund. The board may permit the director to invest in bonds, bills, certificates of indebtedness, notes or other obligations of the United States, its subsidiary corporations and instrumentalities, which can be deposited by a State depository in accordance with this law, in lieu of a security

"GA1979.1.401">

bond. Provided, however, that interest earned on the investment of Motor Fuel Tax Revenues shall be defined as Motor Fuel Tax Revenues and shall be appropriated for Fiscal Year 1981 and thereafter in conformity with and pursuant to Article III, Section X, Paragraph VII, Subsection (b) of the State Constitution. 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 13, 1979. GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT AMENDED. No. 59 (Senate Bill No. 66). AN ACT To amend an Act known as the Georgia State Financing and Investment Commission Act, approved April 13, 1973 (Ga. Laws 1973, p. 750), as amended by an Act approved March 12, 1974 (Ga. Laws 1974, p. 171) and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1213), so as to change definitions; to change references to the Constitution; to delete references to the State Treasurer and replace such references with the Director, Fiscal Division, Department of Administrative Services; to provide for agents; to change the provisions prohibiting certain contracts; 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 State Financing and Investment Commission Act, approved April 13, 1973 (Ga. Laws

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1973, p. 750), as amended by an Act approved March 12, 1974 (Ga. Laws 1974, p. 171) and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1213), is hereby amended by striking subsection a. of Section 2 in its entirety and inserting in lieu thereof a new subsection a. to read as follows: a. `Commission' shall mean the Georgia State Financing and Investment Commission, created by an amendment to the Constitution of the State of Georgia of 1945 (Ga. Laws 1972, p. 1523), and continued by the Constitution of the State of Georgia of 1976, and consisting 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 and the Commissioner of Agriculture and hereby declared an agency and instrumentality of the State of Georgia. Section 2. Said Act is further amended by striking subsection b. of Section 2 in its entirety and inserting in lieu thereof a new subsection b. to read as follows: b. `Constitution' shall mean the Constitution of the State of Georgia of 1976 as hereafter amended. Section 3. Said Act is further amended by striking subsection e. of Section 2 in its entirety and inserting in lieu thereof a new subsection e. to read as follows: e. `General Obligation Debt' shall mean obligations of the State of Georgia issued pursuant to the provisions of this Act 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 to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945 adopted November 8, 1960, for which the full faith, credit, and taxing power of the State are pledged for the payment thereof. Section 4. Said Act is further amended by striking subsection g. of Section 2 in its entirety and inserting in lieu thereof a new subsection g. to read as follows:

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g. `Public Debt' shall mean any debt authorized by the amendment to the Constitution of 1945 (Ga. Laws 1972, p. 1523) or by Article VII, Section III, Paragraph I of the Constitution. Section 5. Said Act is further amended by striking subsection i. of Section 2 in its entirety and inserting in lieu thereof a new subsection i. to read as follows: i. `State Authorities' shall mean the following instrumentalities of the State: Georgia Building Authority, Georgia Building Authority (Hospital), Georgia Building Authority (Penal), Georgia Building Authority (Markets), Georgia Education Authority (Schools), Georgia Education Authority (University), Georgia Highway Authority, State Tollway Authority, Georgia Ports Authority, Georgia Development Authority, Jekyll IslandState Park Authority, Stone Mountain Memorial Association, North Georgia Mountains Authority, Lake Lanier Islands Development Authority, Groveland Lake Development Authority, Georgia Higher Education Assistance Authority, the Georgia Residential Finance Authority, and instrumentalities of the State hereafter created by the General Assembly authorized to issue debt and not specifically exempt from provisions of this Act. Section 6. Said Act is further amended by striking subsection j. of Section 2 which reads as follows: j. `State Treasurer' shall mean the Treasurer of the State of Georgia or such officer designated by a valid act of the General Assembly to perform the functions of State Treasurer with respect to public debt., in its entirety. Section 7. Said Act is further amended by striking the first paragraph of subsection d. of Section 3 in its entirety and inserting in lieu thereof a new first paragraph of subsection d. to read as follows: The Commission shall have those powers set forth in the Constitution of the State of Georgia of 1976 and the powers necessary and incidental thereto. In addition to such powers, the Commission shall have power:.

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Section 8. Said Act is further amended by striking subsection a. (2) of Section 4 in its entirety and inserting in lieu thereof a new subsection a. (2) to read as follows: (2) Failure to Appropriate; Insufficient Monies in Sinking Fund. 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 becomes due, the Director, Fiscal Division, Department of Administrative Services 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 deficiencies and shall immediately deposit the same into the sinking fund. The Director, Fiscal Division, Department of Administrative Services may be required to set aside and apply such revenues as aforesaid at the suit of any holder of any general obligation debt incurred under the provisions of this Act. 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 the Constitution. Section 9. Said Act is further amended by striking subsection a. (4) of Section 4 in its entirety and inserting in lieu thereof a new subsection a. (4) to read as follows: (4) Highway Appropriations. Appropriations to the sinking fund for debt service requirements attributable to public debt incurred or to be incurred for construction, reconstruction and improvement of public roads and bridges shall be considered as an appropriation for activities incident to providing and maintaining an adequate system of public roads and bridges in this State for the purpose of Article III, Section X, Paragraph VII of the Constitution. Section 10. Said Act is further amended by striking subsection b. (1) of Section 4 in its entirety and inserting in lieu thereof a new subsection b. (1) to read as follows: (1) Common Reserve Fund. Appropriations made in connection with guaranteed revenue debt shall be paid upon the issuance

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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. Said Guaranteed Revenue Debt Common Reserve Fund shall be held and administered by the Director, Fiscal Division, Department of Administrative Services. 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. Section 11. Said Act is further amended by striking subsection b. (2) of Section 4 in its entirety and inserting in lieu thereof a new subsection b. (2) to read as follows: (2) Insufficient Monies in Common Reserve Fund. If any payments are required to be made from the State of Georgia Guaranteed Revenue Debt Common Reserve 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 shall pay to the designated paying agent, upon certification by the issuing instrumentality as to the insufficiency of such revenues, from said common reserve fund the amount necessary to cure such deficiency. The Director, Fiscal Division, Department of Administrative Services shall then reimburse said fund from the general funds of the State within ten days following the commencement of any fiscal year of the State for any amounts so paid. The Director, Fiscal Division, Department of Administrative Services may be required to apply such funds as aforesaid with respect to guaranteed revenue debt at the suit of any holder of any such guaranteed revenue obligations. 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 the Constitution, and shall also be subordinate to the obligation hereinabove imposed upon the Director, Fiscal Division, Department of Administrative Services to make sinking funds deposits for the benefit of general obligation debt.

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Section 12. Said Act is further amended by striking subsection b. (3) of Section 4 in its entirety and inserting in lieu thereof a new subsection b. (3) to read as follows: (3) Minimum Balance Required; Excess Monies; Investments. 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, upon certification of the State Auditor, 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 12 months from the date of purchase. Section 13. Said Act is further amended by striking subsection c. of Section 4 in its entirety and inserting in lieu thereof a new subsection c. to read as follows: c. Requirement for Taxation. The General Assembly shall raise by taxation each fiscal year, in addition to the sums 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 the 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 and to maintain at all times the Guaranteed Revenue Debt Common Reserve Fund in the full amount required by the Constitution and this Act. Section 14. Said Act is further amended by striking subsection b. (3) of Section 5 in its entirety and inserting in lieu thereof a new subsection b. (3) to read as follows:

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(3) Public Debt for Public Purposes. Public debt for public purposes may be either general obligation debt or guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equipment or facilities of the State, its agencies, departments, institutions, and those State Authorities which were created and activated prior to the amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the State if such revenue obligations are issued to finance toll bridges, toll roads, any other land public transportation facilities or systems or water or sewage treatment facilities or systems or to make or purchase, or lend or deposit against the security of, loans to citizens of the State for educational purposes; provided, however, in no event shall general obligation debt or guaranteed revenue debt be incurred for water or sewage treatment facilities or systems for counties or municipalities. General obligation debt or guaranteed revenue debt may be incurred to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution are applicable. Section 15. Said Act is further amended by striking the first paragraph of subsection b. (3) (a) of Section 5 in its entirety and inserting in lieu thereof a new first paragraph of subsection b. (3) (a) to read as follows: (a) Limitations. No debt may be incurred under this subparagraph (3), 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 the 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. Within such limitation, the following limitations shall also be applicable:.

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Section 16. Said Act is further amended by striking the second paragraph of subsection c. (1) of Section 5 in its entirety and inserting in lieu thereof a new second paragraph of subsection c. (1) to read as follows: In the event it is determined by the 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 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 Article IX, Section VI, Paragraph I(a) of the Constitution are applicable and the continuing appropriation required to be made under the said provisions of the Constitution shall immediately attach and inure to the benefit of the obligation to be issued in connection with such funding and 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. Section 17. Said Act is further amended by striking subsection d. (1) of Section 5 in its entirety and inserting in lieu thereof a new subsection d. (1) to read as follows: (1) Registrar. The Fiscal Officer of the State or his agent shall act as registrar for evidences of indebtedness registrable as to principal or interest or both. No transfer of a registered evidence of

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indebtedness is valid unless made on the register maintained by the Fiscal Officer of the State or his agent for that purpose and the State shall be entitled to treat the registered owner as the owner of such instrument for all purposes. Payment of principal and interest, when registered as to interest, of registered instruments shall be by check to the registered owner as it appears on the register, unless the Commission has otherwise provided. The Commission may make such other provisions respecting registration as it deems necessary or useful. Section 18. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. Public Debt Proceeds. The Commission shall be responsible for the proper application of the proceeds of public debt issued under the provisions of this Act to the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Proceeds received from the sale of bonds evidencing general obligation debt shall be held in trust by the Commission and disbursed promptly by the Commission in accordance with the original purpose set forth in the authorization of the General Assembly and in accordance with rules and regulations established by the Commission. Bond proceeds held by the Commission shall be as fully invested as is practical, consistent with the proper application of such proceeds for the purposes intended. Investments shall be limited to general obligations of the United States or of subsidiary corporations of the United States Government fully guaranteed by such government, or obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives and Federal Farm Credit Banks and no other. Income earned on any such investments shall be retained by the Commission and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of the Constitution are applicable and may be used to pay operating expenses of the Commission.

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Section 19. 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. Prohibition of Certain Contracts. 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 the Constitution as fully and completely as though this Act had not been adopted and for as long as any such contract shall remain in force and effect. Furthermore, nothing in this Act 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. Section 20. Said Act is further amended by striking subsection e. of Section 8 in its entirety and inserting in lieu thereof a new subsection e. to read as follows: e. Exemption from Taxation. No city, county, municipality or other political subdivision of this State shall impose any tax, assessment, levy, license fee or other fee upon any contractors or sub-contractors as a condition to or result of the performance of a contract, work or services by such contractors or sub-contractors in connection with any project being constructed, repaired, remodeled, enlarged, serviced or destroyed for, or on behalf of, the State, or any of its agencies, boards, bureaus, commissions and authorities; nor

"GA1979.1.411">

shall any city, county, municipality, or other political subdivision of this State include the contract price of or value of such contract, work or services performed on such projects in computing the amount of any tax, assessment, levy, license fee or other fee authorized to be imposed on any contractors or sub-contractors. Section 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 22. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1979. GREAT SEAL OF STATEGOVERNOR MAY AUTHORIZE DISPLAY. No. 60 (House Bill No. 14). AN ACT To provide the circumstances under which the Governor may authorize the use and display of the Great Seal or a facsimile of the State Emblem; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to those official documents which require that the Great Seal be affixed, the Governor may authorize the use and display of the Great Seal or a facsimile of the State Emblem under such conditions as he may impose when there shall be demonstrated to his satisfaction that the intended use or display thereof is appropriate and legitimate and is not contrary to the State's interest in preserving the sanctity and dignity of the State Seal and Emblem and that said use or display will not otherwise violate the provisions of an Act approved March 17, 1960 (Ga. Laws 1960, p. 985).

"GA1979.1.412">

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 15, 1979. UNIFORM CRIMINAL EXTRADITION ACT AMENDED. No. 61 (House Bill No. 107). AN ACT To amend an Act known as the Uniform Criminal Extradition Act, approved February 21, 1951 (Ga. Laws 1951, p. 726), as amended by an Act approved March 9, 1955 (Ga. Laws 1955, p. 587) and by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1754), so as to provide that the District Attorneys shall defend habeas corpus actions brought under the provisions of said Act unless the Governor shall direct the Attorney General to defend such actions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Criminal Extradition Act, approved February 21, 1951 (Ga. Laws 1951, p. 726), as amended by an Act approved March 9, 1955 (Ga. Laws 1955, p. 587) and by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1754), is hereby amended by inserting immediately following Section 10 a new Section 10A to read as follows: Section 10A. The District Attorney shall answer and defend any habeas corpus action brought under the provisions of this Act contesting the issuance, execution or validity of a Governor's

"GA1979.1.413">

warrant of arrest unless the Governor shall direct the Attorney General to answer and defend such habeas corpus action. 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 15, 1979. DEVELOPMENT AUTHORITIES LAW AMENDED. No. 62 (House Bill No. 108). 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 include in the definition of the word project the acquisition, construction, leasing, or financing of office buildings; to provide for taxation of property held or acquired in connection with such projects; to provide legislative intent; 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 Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended, is hereby amended by adding at the end of subsection (e) of Section 1 the following: (10) The word `project' shall also mean and include the acquisition, construction, leasing, or financing of (i) an office building facility and related real and personal property for use by any business

"GA1979.1.414">

enterprise which will further the development of trade, commerce, industry, or employment opportunities in the State of Georgia and which will be adjacent to or used in conjunction with any other existing or proposed project now or hereafter defined in this subsection (e) (which existing or proposed project shall be located within the area of operation of the Authority and which is used or intended to be used by such business enterprise), or (ii) a separate office building facility and related real and personal property for use by any business enterprise which will further the development of trade, commerce, industry, or employment opportunities in the State of Georgia. No such office building facility as herein defined shall be undertaken by an Authority unless the Authority shall have determined that the business enterprise to use such facility will be the primary tenant. Section 2. Said Act is further amended by inserting in Section 10 thereof, after the words: or leased by it to others, the following: (other than property leased for the purposes of a `project' defined in Section 1(e)(10) which shall be taxable by the State and its counties, municipal corporations, political subdivisions, and taxing districts), so that when so amended Section 10 shall read as follows: Section 10. This Act is passed pursuant to authority granted the General Assembly by amendment to the Constitution of the State of Georgia (Ga. Laws 1968, pp. 1606-1608), 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 Act 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 by the State or any

"GA1979.1.415">

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 (other than property leased for the purposes of a `project' defined in Section 1(e)(10) which shall be taxable by the State and its counties, municipal corporations, political subdivisions, and taxing districts), 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 therefrom 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 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. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1979. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA AMENDED. No. 63 (House Bill No. 222). AN ACT To amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as

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amended, so as to change certain provisions relating to application for retirement; to provide for application; 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 establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, is hereby amended by striking paragraph (a) of subsection (1) of Section 5 in its entirety and substituting in thereof a new paragraph (a), to read as follows: (a) Any member in service and with five (5) or more years of creditable service may retire on a service retirement allowance upon written application to the Board of Trustees. A member, at the time of retirement shall have attained age sixty (60) or have thirty (30) years of creditable service and notwithstanding that during such period of notification he may have separated from service. The effective date of retirement will be the first of the month in which the application is received by the Board of Trustees; however, no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement. Provided, however, any person becoming a member on or after July 1, 1968, must have ten (10) or more years of creditable service before being eligible to retire as provided for in this paragraph. Section 2. The provisions of this Act shall apply to all persons making application for retirement on or after the effective date of this Act and to all persons who have made application prior to the effective date of this Act, but to whom payments from the Employees' Retirement System have not commenced on the effective date of this Act. The effective date of retirement shall not be prior to the date of termination from State employment.

"GA1979.1.417">

Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1979. CREDIT UNIONSTHIRD PARTY PAYMENT SERVICES, ETC. Code Chapter 41A-31 Amended. No. 64 (House Bill No. 414). AN ACT To amend Code Chapter 41A-31, relating to the operation and regulation of credit unions, as amended, so as to authorize credit unions to offer third party payment services under certain conditions; to provide that deposits accepted by credit unions from nonmembers shall not be subject to check and may not bear a greater rate of interest than the rate of interest paid to members for the same class of deposit; to authorize certain credit unions to offer third party payment services; to give the Department discretionary authority to approve or disapprove requests by certain credit unions

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to offer third party payment services after evaluating specific criteria; to provide that credit unions approved by the Department to offer third party payment services shall be subject to the laws and rules and regulations of the Department relating to real estate loans, investment securities, corporate stock and securities and legal reserve requirements; to provide that credit unions shall not pay a greater rate of interest on third party payment accounts than the rate of interest allowed to be paid by commercial banks; to authorize the Department to suspend or revoke authority to offer third party payment services; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 41A-31, relating to the operation and regulation of credit unions, as amended, is hereby amended by striking subsections (a) and (b) of Code Section 41A-3101 and inserting in lieu thereof two new subsections (a) and (b) of Code Section 41A-3101, to read as follows: (a) It may receive funds from its members in the form of shares and deposits on accounts or as evidenced by certificates of deposit issued by the credit union but shall not have the power to offer third party payment services except as authorized under the provisions of Section 41A-3121. (b) It may receive passbook savings deposits from nonmembers in such manner as the bylaws may provide but such deposits may not be subject to check and may not bear a greater rate of interest than the rate of interest paid to members for the same class of deposit. Section 2. Said Code Chapter is further amended by adding a new Code Section 41A-3121 at the end thereof, to read as follows: 41A-3121. Third Party Payment Services. (a) Any credit union having total assets in excess of $1,000,000 may apply to the Department for permission to offer third party payment services to its members. The Department shall exercise its discretion in determining whether to approve such request but shall not grant its approval until it is satisfied that:

"GA1979.1.419">

(1) the convenience and need of the membership will be served by the proposed change; (2) there is reasonable promise of adequate support of the program in light of: (A) the competition offered by existing financial institutions; (B) the financial history of the credit union and its membership; (C) the opportunities for profitable employment of depositors funds as indicated by the average demand for credit, the number of potential depositors, the volume of transactions, and stability of the common bond; (3) the managerial resources, internal controls, and operating procedures of the credit union are sufficient to administer the program in a safe and sound manner; and (4) the capital and reserves of the credit union are adequate in light of current economic conditions and asset quality of the credit union. (b) Upon receipt of approval to offer third party payment services, a credit union shall be subject to the provisions of Section 41A-1307 pertaining to real estate loans; 41A-1308 pertaining to investment securities; 41A-1309 pertaining to corporate stock and securities; 41A-1702 pertaining to legal reserve requirements and rules and regulations of the Department relating to the foregoing sections of law, and shall not pay a greater rate of interest on third party payment accounts than is allowed to be paid by commercial banks. (c) Authority to offer third party payment services may be suspended or revoked in accordance with the provisions of Section 41A-402. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1979.

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GAME AND FISH CODE AMENDED. Code Title 45 Amended. No. 65 (House Bill No. 480). AN ACT To amend Code Title 45, known as the Game and Fish Code, as amended, so as to eliminate the definition of an import fish dealer and to change the definition of a wholesale fish dealer; to authorize the Board to require certain daily, season or annual permits; to increase the fees for both the seasonal and ten-day nonresident hunting licenses; to eliminate both the seasonal and ten-day nonresident archery license; to combine the nonresident commercial and private shooting preserve hunting licenses into a single nonresident shooting preserve hunting license and to set the fee for such license; to eliminate both the resident and nonresident spear fishing licenses while retaining the requirements for spearing fish and requiring that persons who spear fish obtain a sport fishing license; to increase the fee for the nonresident commercial freshwater fishing license; to eliminate both the resident and nonresident commercial shad licenses while retaining the requirements for shad fishing and requiring that persons who fish commercially for shad obtain a commercial fishing license; to increase the fee for the retail fish dealer license; to increase the fee for the wholesale fish dealer license; to eliminate both the wildlife management area big game or waterfowl hunt permit and wildlife management area small game hunt permit; 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, as amended, is hereby amended by striking subsection (33) of Code Section 45-102, which reads as follows:

"GA1979.1.421">

(33) `Import fish dealer' means any person engaged in transporting live fish or fish eggs into this State., in its entirety. Section 2. Said Code Title is further amended by striking subsection (64) of Code Section 45-102 in its entirety and inserting in lieu thereof a new subsection (64) to 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 including any person engaged in transporting live fish or fish eggs into this State; provided, however, that any person who holds or sells fish solely for use in aquaria shall not be considered a wholesale fish dealer. Section 3. Said Code Title is further amended by striking subsection (b) of Code Section 45-103 in its entirety and inserting in lieu thereof a new subsection (b) to 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, season or annual use permits, for a fee not to exceed ten dollars and twenty-five cents ($10.25), for the privilege of hunting and fishing in designated streams, lakes or game management areas. Section 4. Said Code Title is further amended by striking paragraph (a) of Code Section 45-303 in its entirety and inserting in lieu thereof a new paragraph (a) to read as follows: (a) Hunting licenses: (1) Resident hunting license Season $ 4.25 (2) Nonresident hunting license Season 25.75 (3) Nonresident hunting license 10-day 15.50 (4) Resident archery license Season 3.25 (5) Resident big game license Season 3.25 (6) Nonresident big game license Season 25.00 (7) Nonresident shooting preserve hunting license Season 5.25.

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Section 5. Said Code Title is further amended by striking paragraph (c) of Code Section 45-303 in its entirety and inserting in lieu thereof a new paragraph (c) to read as follows: (c) Freshwater fishing licenses: (1) Resident fishing license Season $ 3.25 (2) Nonresident fishing license Season 10.25 (3) Nonresident fishing license 5-day 3.25 (4) Resident mountain trout stamp Season 2.25 (5) Nonresident trout stamp Season 10.25 (6) Nonresident trout stamp 5-day 3.25.

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Section 6. Said Code Title is further amended by striking paragraph (e) of Code Section 45-303 in its entirety and inserting in lieu thereof a new paragraph (e) to read as follows: (e) Commercial fishing licenses: (1) Resident commercial freshwater fishing license Season $ 10.25 (2) Nonresident commercial freshwater fishing license Season 100.25 (3) Residnet commercial saltwater fishing license Season 2.00 (4) Nonresident commercial saltwater fishing license Season 5.00. Section 7. Said Code Title is further amended by striking from paragraph (g) of Code Section 45-303 the following: (1) Retail fish dealer license Annual $ 2.50 (2) Wholesale fish dealer license Annual 25.00 (3) Import fish dealer license Annual 100.00, and inserting in lieu thereof the following:

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(1) Retail fish dealer license Annual $ 5.00 (2) Wholesale fish dealer license Annual 50.00, and by striking from said paragraph (g) the following: (6) Wildlife management area big game or waterfowl hunt permit Hunt 5.00 (7) Wildlife management area small game hunt permit Daily 1.00. Section 8. Said Code Title is further amended by striking Code Section 45-304, which reads as follows: 45-304. Commercial Shad Licenses. It shall be unlawful to fish commercially for shad without first procuring from the Department a commercial shad license as prescribed in section 45-303. Said license shall be in lieu of a commercial freshwater fishing license and a commercial saltwater fishing license., in its entirety. Section 9. Said Code Title is further amended by striking Code Section 45-707 in its entirety and inserting in lieu thereof a new Code Section 45-707 to read as follows: 45-707. Spearing of Fish. It shall be unlawful to spear fish in the fresh waters of this State except that nongame fish may be speared solely for the purpose of sport, provided, the person engaged in the act of spearing is completely submerged. `Spearing' as used herein shall be limited to the use of a spear or similar instrument that is held in the hand of the person using the same and the use of a weapon other than a firearm, which propels or forces a projectile or similar device therefrom, to which a wire, rope, line, cord, or other means of recovering the projectile or similar device, is attached and secured to the weapon or the person using the weapon. It shall also

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be unlawful for any person to engage in the spearing of nongame fish in the fresh waters of this State without a sport fishing license as provided in Section 45-303. Section 10. Said Code Title is further amended by striking from the first sentence of Code Section 45-802 the following: , other than commercial shad fishing,, so that when so amended Code Section 45-802 shall read as follows: 45-802. Unlawful to Fish Commercially in Fresh Water Without Commercial Freshwater Fishing License. It shall be unlawful for any person to engage in commercial freshwater fishing in this State without having a valid commercial freshwater fishing license as provided in Section 45-303 of this Title. Said license shall be a personal license required of each individual engaging in the activities covered hereby and shall be effective from April 1 to March 31 of the following year. Section 11. Said Code Title is further amended by striking from subsection (a) of Code Section 45-805 the following: commercial shad license, and inserting in lieu thereof the following: valid commercial fishing license, so that when so amended subsection (a) shall read as follows: (a) It shall be unlawful to fish commercially for shad except with a valid commercial fishing license as prescribed in Section 45-303 and except with set nets or drift nets of at least four and one-half (4 ) inch stretched mesh or trot lines, and except between January 15 and April 15 of each year. Section 12. Said Code Title is further amended by deleting the word and symbol , Import from the title of Code Section 45-810; and by striking in the first sentence of subsection (a) of Code Section 45-810 the phrase and symbol , retail fish dealer or import and inserting in lieu thereof the words or retail and by striking in

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subsection (b) of Code Section 45-810 the words an import wherever the same shall appear therein and substituting in lieu thereof the words a wholesale of that when so amended the title and subsections (a) and (b) of Code Section 45-810 shall read as follows: Taking of and Dealing in Live Fish and Fish Eggs; Wholesale and Retail Dealers; Licenses; Prohibited Acts. (a) It shall be unlawful to engage in the business of a wholesale or retail 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. (b) Notwithstanding subsection (a) hereof, nonresident persons may sell and transport fish and fish eggs into the State without being required to procure a wholesale fish dealer license where such sale and shipment are made to a wholesale fish dealer duly licensed under Section 45-303. Section 13. Said Code Title is further amended by striking from the last sentence of Code Section 45-1005 the following: private or commercial, so that when so amended Code Section 45-1005 shall read as follows: Specifically, hunting licenses shall be required of all persons hunting on such preserves; provided, however, that it shall be lawful for any nonresident to hunt on such a preserve with a nonresident shooting preserve hunting license as provided in Section 45-303. 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

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parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 15. This Act shall be effective upon approval by the Governor or its becoming law without his approval except that Sections 1, 2, 4, 5, 6, so much of Section 7 as does not relate to wildlife management area permits, and Section 8, 9, 10, 11, 12 and 13 shall be effective April 1, 1980. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1979. GEORGIA MOTION PICTURE FAIR COMPETITION ACT. No. 73 (Senate Bill No. 46). AN ACT To prohibit the practice of blind bidding; to provide for legislative intent; to provide a short title; to provide for definitions; to provide penalties for violation of this Act, including damages, attorneys' fees, and injunctions; 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. Intent of the Legislature. The intent of this Act is to establish fair and open procedures for the bidding and negotiation for the right to exhibit motion pictures within the State in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the State; promote fair and effective competition in that business; and insure that exhibitors have the opportunity to view a motion picture and know its contents before committing themselves to exhibiting it in their municipalities or towns. Section 2. Short Title. This Act shall be known as the Georgia Motion Picture Fair Competition Act. Section 3. Definitions. As used in this Act,

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(a) The term person includes one or more individuals, partnerships, associations, societies, trusts, organizations, or corporations. (b) The term theatre means any establishment in which motion pictures are exhibited to the public regularly for a charge. (c) The term distributor means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale, or licensing. (d) The term exhibitor means any person engaged in the business of operating one or more theatres. (e) The term exhibit or exhibition means showing a motion picture to the public for a charge. (f) The term invitation to bid means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture. (g) The term bid means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture. (h) The term license agreement means any contract, agreement, understanding, or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor. (i) The term trade screening means the showing of a motion picture by a distributor at the location of the film exchange that distributes his picture in Georgia, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture. (j) The term blind bidding means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened within the State or before such motion

"GA1979.1.429">

picture, at the option of the distributor, otherwise has been made available for viewing within the State by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture. (k) The term run means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A first run is the first exhibition of a picture in the designated area; a second run is the second exhibition; and subsequent runs are subsequent exhibitions after the second run. Exclusive run is any run limited to a single theatre in a defined geographic area, and a nonexclusive run is any run in more than one theatre in a defined geographic area. Section 4. Blind Bidding. (a) Blind bidding is hereby prohibited within the State. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture before the motion picture has either been trade screened or before such motion picture, at the option of the distributor, otherwise has been made available for viewing within the State by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit the motion picture. (b) A distributor shall provide reasonable and uniform notice of the trade screening of any motion picture to those exhibitors within the State from whom he intends to solicit bids or with whom he intends to negotiate for the right to exhibit that motion picture. (c) Any purported waiver of the prohibition against blind bidding in this Act shall be void and unenforceable. Section 5. Civil Enforcement by Penalties and Injunction for Successful Civil Action. In any civil action for damages against a person for violation of the provisions of this Chapter, the court may award damages to the prevailing party and reasonable attorney's fees. The provisions of this Chapter may be enforced by injunction or any other available equitable or legal remedy. Section 6. Severability. The provisions of this Act are severable. If any part of the Act is declared invalid or unconstitutional, such declaration shall not affect the part which remains.

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Section 7. Effective Date. This Act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law. Section 8. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1979. PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDED. No. 74 (House Bill No. 247). 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

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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), an Act approved March 24, 1976 (Ga. Laws 1976, p. 580), an Act approved March 23, 1977 (Ga. Laws 1977, p. 682), and an Act approved April 5, 1978 (Ga. Laws 1978, p. 1921), so as to change the amount to be paid into the Fund by members; to change the provisions relating to benefits; to change the provisions relating to retirement; to change the provisions relating to disability; 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 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), an Act approved March 24, 1976 (Ga. Laws 1976, p. 580), an Act approved March 23, 1977 (Ga. Laws 1977, p. 682),

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and an Act approved April 5, 1978 (Ga. Laws 1978, p. 1921), is hereby amended by striking from subsection (d) of Section 9 the following: $7.00, and inserting in lieu thereof the following: $10.00, so that when so amended subsection (d) of Section 9 shall read as follows: (d) In addition to the requirements stated hereinbefore, an application for membership shall contain such other information as may be required by the Board. Any person who is a member of the Fund shall pay into the Fund the sum of $10.00 per month not later than the 10th day of the month for that month. Each member of the Fund shall be required to pay into the Fund the regular monthly amount for a minimum period of 20 years before being eligible to receive the retirement benefits provided for in this Act except that if such peace officer is eligible to retire under the provisions of this Act and so desires, he may retire and the Board shall deduct such monthly amount from his retirement benefits until he has paid into the Fund for such 20-year period. Section 2. Said Act is further amended by striking from the language in Section 11, relative to Option 1., the following: $7.50, and inserting in lieu thereof the following: $10.00, and by changing the period at the end of the first sentence to a comma and by adding thereafter the following: or if such creditable service shall total at least 30 years regardless of age.,

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so that when so amended the language relating to Option 1. shall read as follows: Option 1. Single Life Annuity; Monthly Payment Level for Life of Member Only. The amount of the monthly payment to be paid under this option shall be an amount equal to $10.00 per month for each full year of creditable service, if such creditable service shall total at least 20 years and the member is 55 years of age or older, or if such creditable service shall total at least 30 years regardless of age. Such monthly benefit payment shall be paid on each full year of creditable service up to a maximum of 30 years of total service. No member shall be eligible for benefits hereunder until his official duties as a peace officer shall have been terminated, except as otherwise provided in this Act, and unless he shall file an application for retirement benefits within ninety days from the date of the termination of his official duties as such peace officer, unless prevented therefrom for good cause. If such retiring member shall qualify for retirement benefits in every respect except for completion of payment of monthly dues for the periods of time for which he has received service credit, dues shall be deducted from his monthly benefit check until such dues have been paid in full. Any member who has at least 20 years of creditable service for which dues have been fully paid, but who has not reached his 55th birthday, may cease paying monthly dues into the Fund, if he has terminated his employment as a peace officer, and upon reaching his 55th birthday, he may be eligible to receive retirement benefits as provided herein. Section 3. Said Act is further amended by striking from the next to last paragraph of Section 11 the following: May 1, 1975, as it appears in three places in said paragraph and inserting in lieu thereof the following: May 1, 1979, in said three places, so that when so amended the next to last paragraph of Section 11 shall read as follows:

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The amounts provided for retirement benefits in this Section shall apply to those members who have retired prior to May 1, 1979, as well as to those members who retire on or after said date. The service of each member who retired prior to May 1, 1979, shall be recomputed and if it is determined that the amounts provided for herein shall result in an increase in the retirement benefits being paid to such member, such benefits shall be increased to the proper amount, and shall be paid to him in the future, beginning May 1, 1979. If it is determined that an increase in retirement benefits will result for any such retired member, and he shall not have completed payment of dues for all service credit previously allowed as of the date of his retirement, the monthly dues provided for herein shall be deducted from his monthly retirement benefits until such time as said dues shall have been paid for each month of service for which retirement credit has been received. Provided, however, that no such member shall be allowed to change the option under which he originally retired, unless he shall again become employed as a peace officer as provided in the preceding paragraph of this Section, and complies with all the provisions of the preceding paragraph. Section 4. Said Act is further amended by striking from subsection (b) of Section 12 the following: $125, and inserting in lieu thereof the following: $150, so that when so amended subsection (b) of Section 12 shall read as follows: (b) Any peace officer who, after lawfully becoming a member of this Fund and while paying dues therein, is rendered, by disease or injury, totally and permanently disabled so as to be unable to perform substantially all of the duties of the position to which he was regularly assigned when the disability originated, or so as to be unable to engage in any occupation or gainful employment for which he is reasonably suited by virtue of his background, training, education and experience, upon application to the Board within twelve (12) months from the date of becoming totally and permanently disabled, shall be entitled to disability benefits of $150 per month for life or until his disability ceases.

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Section 5. Said Act is further amended by striking from subsection (q) of Section 12 the following: May 1, 1976, as it appears in three places in said subsection and inserting in lieu thereof the following: May 1, 1979, in said three places so that when so amended subsection (q) of Section 12 shall read as follows: (q) The amount provided for disability retirement benefits in this Section shall apply to those members who have retired on disability prior to May 1, 1979, as well as to those members who retire on disability on or after said date. The service of each such member who retired prior to May 1, 1979, shall be recomputed, and the benefits provided under this Section shall be paid to such member in the future beginning May 1, 1979. Section 6. This Act shall become effective on May 1, 1979. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1979. CORPORATIONSMERGERS AND CONSOLIDATIONS. Code Section 22-1009 Enacted. No. 75 (House Bill No. 545). AN ACT To amend Code Chapter 22-10, relating to mergers and consolidations of business corporations, as amended, so as to authorize and

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set forth the procedures for the merger or consolidation of one or more domestic business corporations and one or more joint-stock or other unincorporated associations or trusts; to define certain terms, including joint-stock associations and shareholder; to provide for the specific applicability of other Sections of Code Title 22; 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 22-10, relating to mergers and consolidations of business corporations, as amended, is hereby amended by adding a new Section 22-1009 at the end of Code Chapter 22-10, to read as follows: 22-1009. Merger or Consolidation of Domestic Corporation and Joint-Stock or Other Unincorporated Association or Trust. (a) The term `joint-stock association,' as used in this Section, includes any association of the kind commonly known as joint-stock association or joint-stock company and any unincorporated association, trust or enterprise having members or having outstanding shares of stock or other evidences of financial or beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partnership, or nonprofit organization. A joint-stock association as herein defined may be one formed under the laws of this State, including a trust created pursuant to the provisions of Chapter 6 of Code Title 108, or one formed under or pursuant to the laws of any other state or jurisdiction. The term `shareholder' as used in this Section includes every member of such joint-stock association or holder of a share of stock or other evidence of financial or beneficial interest therein. (b) Any one or more domestic corporations may merge or consolidate with one or more joint-stock associations, except a joint-stock association formed under the laws of a state or jurisdiction which forbids such merger or consolidation. Such corporation or corporations and such one or more joint-stock associations may merge into a single corporation, which may be any one of such

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corporations, or they may consolidate into a new corporation formed by the consolidation, which shall be a corporation of this State, pursuant to a plan of merger or consolidation, as the case may be, complying with and approved in accordance with this Section. (c) The board of directors of each merging or consolidating corporation and the board of trustees or other governing body of each merging or consolidating joint-stock association shall, by resolution adopted by each such board or governing body, approve a plan of merger or a plan of consolidation setting forth: (1) The names of the corporation or corporations and joint-stock association or associations proposing to merge or consolidate; and, in the case of a merger, the name of the corporation into which they propose to merge, which is hereinafter designated as the surviving corporation; or, in the case of a consolidation, the name of the new corporation into which they propose to consolidate, which is hereinafter designated as the new corporation. (2) The terms and conditions of the proposed merger or consolidation. (3) The manner and basis of converting the shares of each corporation, and the shares, memberships or financial or beneficial interests in each of the joint-stock associations, into shares, rights, obligations or other securities of the surviving or new corporation, or of any other corporation or, in whole or in part, into cash or other property. (4) In the case of a merger, a statement of any changes in the articles of incorporation of the surviving corporation to be effected by such merger; or, in the case of a consolidation, with respect to the new corporation, all of the statements required to be set forth in articles of incorporation for corporations organized under this Code. (5) Such other provisions with respect to the proposed merger or consolidation as are deemed necessary or desirable.

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(d) Upon its approval in the manner provided in subsection (c) of this Section, the plan of merger or plan of consolidation shall be submitted to the shareholders of each of the corporations which is a party thereto in the same manner and to the same extent provided in Section 22-1003; and in the case of each of the joint-stock associations, the plan of merger or plan of consolidation shall be submitted to its shareholders in the manner provided in its articles of association or other instrument containing the provisions by which it is organized or regulated and in compliance with any applicable laws of the state under which it was formed. In addition, each of the corporations shall comply with all other Sections of this Code which relate to the merger or consolidation of domestic corporations; and each joint-stock association shall comply with all other provisions of its articles of association or other such instrument, and all provisions of the laws, if any, of the state in which it was formed, which relate to the merger or consolidation. (e) Each merging or consolidating corporation and each merging or consolidating joint-stock association shall comply with the requirements of Section 22-1004; and Sections 22-1004 and 22-1007 shall be applicable to the merger or consolidation, all as though each joint-stock association were a corporation. As used in those Sections, the word `corporation' shall be deemed to include each merging or consolidating joint-stock corporation; the word `shareholder' shall be deemed to include the shareholders of each merging or consolidating joint-stock association; the word `shares' shall be deemed to include the shares, memberships or financial or beneficial interests in each merging or consolidating joint-stock association; and the word `directors' shall be deemed to include the directors or trustees or other persons having comparable responsibility for the management of the business and affairs of each merging or consolidating joint-stock association. (f) Each shareholder of a merging or consolidating joint-stock association formed under the laws of this State shall have the same right to dissent from the plan of merger or consolidation as he would have if he were a shareholder of a domestic corporation, and the provisions of Sections 22-1201, 22-1202 and subsection (b) of Section 22-1003 shall be applicable to the merger or consolidation, as if such domestic joint-stock association were a domestic corporation.

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(g) Whenever a joint-stock association is required to execute articles or any other document in the manner provided in Section 22-1004, the same shall be executed by its managing trustee or other chief executive officer, and his signature shall be attested by the secretary or assistant secretary, or if there be none, by another officer or trustee other than the person executing such articles or document. Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1979. GEORGIA CODE OF TRANSPORTATION AMENDED. Code Title 95A Amended. No. 84 (House Bill No. 548). AN ACT To amend Code Title 95A, known as the Georgia Code of Public Transportation, approved April 18, 1973 (Ga. Laws 1973,

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p. 947), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, pp. 1422, 1435), an Act approved April 14, 1975, (Ga. Laws 1975, p. 400), an Act approved March 11, 1977 (Ga. Laws 1977, p. 321), an Act approved April 3, 1978 (Ga. Laws 1978, p. 1565), so as to provide the outside width of buses; to provide restrictions; to prohibit any of the specified loads other than single length pieces from exception under the length limitation; to provide for the revocation of any permit which is being used in violation of the conditions of use; to strike mobile homes, modular homes and sectional houses from the provisions for fees for annual permit; to provide for fees for an annual permit for mobile homes, modular homes, and sectional houses up to 10 feet wide and 75 feet long and to allow for the return of unloaded vehicles to their point of origin; to provide for fees for unloaded vehicles to their point of origin; to provide for fees for an annual permit for mobile homes, modular homes, and sectional houses from 10 feet wide up to and including 12 feet wide and length allowed and to allow for the return of the unloaded vehicle to its point of origin; to amend the provisions dealing with charges for the issuance of single trip permits for mobile homes, modular homes and sectional houses, up to and including 12 feet wide and also from 12 feet wide up to and including 14 feet wide; to provide for a one foot roof overhang on a 12 foot wide body; to prohibit the issuance of single trip permits for mobile homes, modular homes and sectional houses under certain conditions; to provide a specific repealer; 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 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, pp. 1422, 1435), an Act approved April 14, 1975 (Ga. Laws 1975, p. 400), an Act approved March 11, 1977 (Ga. Laws 1977, p. 321), and an Act approved April 3, 1978 (Ga. Laws 1978, p. 1565), is hereby amended by striking Code Section 95A-957, relating to width of vehicles and loads in its entirety and inserting in lieu thereof a new Code Section 95A-957, to read as follows:

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95A-957 Width of vehicles and loads Unless exempted in section 95A-954 or so authorized by a permit issued pursuant to the provisions of section 95A-961, no vehicle, except those buses hereinafter provided for, shall exceed a total outside width, including load thereon, of 96 inches, not including mirrors and accessories attached thereto. Buses which do not exceed a width of 102 inches, exclusive of mirrors and accessories attached thereto, may be operated on any street, road or highway, except that a bus which exceeds 96 inches in width may not be operated upon any portion of the National System of Interstate and Defense Highways when the lanes provided for traffic thereon are less than 12 feet wide. Section 2 . Said Code Title is further amended by striking the comma immediately following the words without requiring a permit in paragraph (1) of subsection (b) of Code Section 95A-958, relating to the exceptions of certain loads from the length limits, and inserting in lieu thereof the following: when they are single length pieces and no pieces are loaded end to end, so that paragraph (1) of subsection (b) of Code Section 95A-958, when so amended, shall read as follows: (1) Loads of poles, logs, pilings, lumber, structural steel, timber structural members, piping, and pre-stressed and pre-cast concrete may exceed the length of 55 feet without requiring a permit when they are single length pieces and no pieces are loaded end to end, but a single trip permit shall be required if the total length of such vehicle and load exceeds 75 feet. In addition to the single trip permits so required herein for vehicles exceeding 75 feet in length, an annual permit for these vehicles may be secured if the motor vehicles are transporting poles and pilings from the woods to the processing plant (for the purpose of this Article, `processing plant' is hereby defined as a business and manufacturing of poles and pilings for commercial purposes) or transporting poles for utility companies when such poles cannot be readily dismantled or separated.

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Section 3. Said Code Title is further amended by adding at the end of the last unnumbered paragraph in subsection (a) of Code Section 95A-961, relating to the general conditions of permits, the following: In addition, anytime the restrictions or conditions within which a permitted vehicle must be operated are violated, the permit may be immediately declared null and void. so that the last unnumbered paragraph of subsection (a) of Code Section 95A-961, when so amended, shall read as follows: For just cause, including, but not limited to, repeated and consistent past violations, the Commissioner or an official of the Department designated by the Commissioner, may refuse to issue, or may cancel, suspend, or revoke the permit of an applicant or permittee. In addition, anytime the restrictions or conditions within which a permitted vehicle must be operated are violated, the permit may be immediately declared null and void. Section 4. Said Code Title is further amended by inserting in the second subparagraph of paragraph (1) of subsection (b) of Code Section 95A-961, relating to duration and limits of annual permits, immediately following Provided, the following: except as specified in subsection (c), so that the second subparagraph of paragraph (1) of subsection (b) of Code Section 95A-961, when so amended, shall read as follows: Provided, except as specified in subsection (c), that an annual permit shall not authorize the operation of a vehicle (a) whose total gross weight exceeds 100,000 pounds; (b) whose single axle weight exceeds 25,000 pounds; (c) whose total length exceeds 75 feet; (d) whose total width exceeds 96 inches or whose load width exceeds 144 inches; or (e) whose height exceeds 14 feet, six inches, provided however that an annual permit to operate a vehicle which exceeds a height of 13 feet and six inches shall be isseud only on condition of payment of an indemnity bond or proof of insurance protection for $300,000, said bond or insurance protection conditioned for payment to the department to be held in trust for the benefit of the owners of bridges and appurtenances thereto, traffic signals, signs

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or other highway structures damaged by a vehicle operating under authority of such overheight permit. The liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence or fault on the part of the permittee, his agents, or operators. Section 5. Said Code Title is further amended by striking subparagraph (a) of paragraph (1) of subsection (c) of Code Section 95A-961, relating to annual permit fees, and inserting in lieu thereof the following: (a) For portable buildings and boats and any vehicle or combination of vehicles, except a vehicle or combination of vehicles having a trailer or combination of trailers with sidewalls or roof, which has transported portable buildings may, after depositing any said load, return unloaded to its point of origin even though the unloaded vehicles exceed the 55-foot limitation provided for herein, up to and including 12 feet wide, 75 feet long, $100: Provided, that the unloaded vehicles referred to in this paragraph may not be operated on the National System of Interstate and Defense Highways; Section 6. Said Code Title is further amended by adding a new subparagraph (e) to paragraph (1) of subsection (c) of Code Section 95A-961, relating to annual permit fees, to read as follows: (e) For mobile homes, modular homes, and sectional houses, and any vehicle or combination of vehicles, except a vehicle or combination of vehicles having a trailer or combination of trailers with sidewalls or roof, which has transported modular homes or sectional houses may, after depositing any said load, return unloaded to its point of origin even though the unloaded vehicles exceed the limitations provided for herein, up to and including 10 feet wide and 75 feet long, $100: Provided, that the unloaded vehicles referred to in this subparagraph may not be operated on the National System of Interstate and Defense Highways; Section 7. Said Code Title is further amended by adding a new subparagraph (f) to paragraph (1) of subsection (c) of Code Section 95A-961, relating to annual permit fees, to read as follows: (f) For mobile homes, modular homes, and sectional houses, and any vehicle or combination of vehicles, except a vehicle or combination

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of vehicles having a trailer or combination of trailers with sidewalls or roof, which has transported modular homes and sectional houses may, after depositing any said load, return unloaded to its point of origin even though the unloaded vehicles exceed the limitations provided for herein, from 10 feet wide up to and including 12 feet wide, 85 feet long, $250: Provided, that the movements made under the authority of these annual permits shall be authorized only on those routes specified as part of an approved route system; provided further, that the mobile homes, modular homes and sectional houses referred to in this subparagraph, regardless of the length of the towing vehicle, shall not exceed a length of 70 feet from the center of the hitch ball cup to the rearmost part of the load; and provided further, that the unloaded vehicles referred to in this subparagraph may not be operated on the National System of Interstate and Defense Highways. Section 8. Said Code Title is further amended by striking in its entirety subparagraph (a) of paragraph (3) of subsection (c) of Code Section 95A-961, relating to single trip permit fees, and inserting in lieu thereof a new subparagraph (a) to read as follows: (a) Portable buildings and boats: (i) Up to and including 12 feet wide, 75 feet long, $10 (ii) Boats in excess of 12 feet wide, $20 (iii) Portable buildings in excess of 75 feet long, $20 Section 9. Said Code Title is further amended by adding a new subparagraph (d) to paragraph (3) of subsection (c) of Section 95A-961, relating to single trip permit fees, to read as follows: (d) Mobile homes, modular homes, and sectional houses: (i) Up to and including 12 feet wide and the maximum lengths allowed, $10 (ii) For double-wides up to and including a 12 foot wide box and a 1 foot roof overhang, when being towed with the roof overhang

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against the right-hand shoulder of the road away from the centerline, and up to the maximum lengths allowed, $15 (iii) in excess of 12 feet wide up to and including 14 feet wide and the maximum lengths allowed, $50; provided further that, notwithstanding any other provisions of this Code Section, any vehicle transporting or towing a mobile home, modular home or sectional house in excess of 144 inches wide 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 over-take and follow a mobile home, modular home or sectional house in excess of 144 inches wide 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 subparagraph 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 be not less than $150.00 and the suspension of the permit for vehicles 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 subparagraph. The Department is authorized to promulgate rules and regulations necessary to enforce the suspension of permits authorized in this section. Section 10. The following Acts are hereby repealed in their entirety: (a) An Act approved March 11, 1977, Ga. Laws 1977, p. 321, authorizing extra-wide motor vehicles on highways. (b) An Act approved April 3, 1978, Ga. Laws 1978, p. 1565, authorizing the Department of Transportation to issue permits for transporting mobile homes. 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,

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which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 12. This Act shall become effective on April 1, 1979, except for Section 7 and the provisions of 95A-961 (c) (3) (d) (ii) contained in Section 9 which shall become effective on July 1, 1979. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1979. GEORGIA RETAILERS AND CONSUMERS' SALES AND USE TAX ACT AMENDEDLOCAL OPTION SALES TAX. Code Chapter 91A-46 Amended. No. 85 (House Bill No. 281). AN ACT To amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, and Code Chapter 91A-46, relating to a local option sales and use tax, so as to delete therefrom those provisions pertaining to a local option sales and use tax; to create 159 special districts; to provide the procedures and circumstances whereby a joint county and municipal sales and use tax may be imposed, levied and collected within such districts; to provide that the State Revenue Commissioner shall administer and collect the joint tax; to provide for the distribution of the proceeds of the tax; to provide the circumstances whereby the authority to levy the tax shall be terminated; to

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provide certain conditions which must be met if the tax is to be continued to be levied; to specify certain transactions upon which the tax shall not be levied; to provide how the imposition of the tax shall be discontinued; to provide the procedures connected with all of the foregoing; to provide for effective dates; to provide for the repeal of Code Chapter 91A-46 effective July 1, 1981; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by striking in its entirety Section 26A and substituting in lieu thereof a new Section 26A to read as follows: Section 26A. (a) Pursuant to the authority contained within Article IX, Section IV, Paragraph II of the Constitution, there is hereby created within this State 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a joint county and municipal sales and use tax shall be authorized according to the procedures hereinafter provided for in this Section within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1%. Except as to rate, the joint tax shall correspond to the tax imposed and administered by the other Sections and provisions of this Act. No item or transaction which is not subject to taxation by the other Sections and provisions of this Act shall be subject to the tax levied pursuant to this Section, except that the joint tax herein provided for shall be applicable to sales of motor fuels as that term is defined by Code Section 92-1402. (c) Effective April 1, 1979, the joint tax provided for in subsection (b) shall be levied in each special district in which prior to February 1, 1979, a referendum election had been conducted and the results thereof had authorized the levying of a 1% local option

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sales and use tax by any municipality whose legal situs shall be located within the district or, if prior to said date, a referendum election had authorized the levying of such a tax within the county whose geographical boundary is conterminous with that of the special district. (1) However, such tax shall not be levied if, prior to said date, the State Revenue Commissioner shall have received from the governing authority or authorities of any such county or municipality a sufficient number of resolutions duly adopted by such governing authorities refusing to impose such tax and the combined population of all such political subdivisions represented by the governing authorities submitting such resolutions shall exceed one-half of the entire population of the special district. For the purposes of the foregoing sentence, the population of any such county shall not include that population of any qualified municipality. Each respective resolution shall certify as to the population of the particular political subdivision concerned as determined by the manner specified by the foregoing sentence and shall be computed based upon population figures contained within the official United States Decennial Census of 1970 or any such future census. (2) If the imposition of the tax provided for in subsection (b) is to be levied pursuant to this subsection, the governing authority of the county whose geographical boundary is conterminous with that of the special district and the governing authority of each qualified municipality located wholly or partially within such district shall each adopt a resolution prior to April 1, 1979, imposing the tax authorized by subsection (b) on behalf of the county and each qualified municipality located wholly or partially within the special district. (d) Whenever the governing authority of any county or qualified municipality located wholly or partially within a special district in which no local option sales and use tax was imposed on February 1, 1979, or the authority to levy such a tax had not been gained through the approval of the question of such imposition in a referendum election prior to said date, or the authority to levy such a tax was refused pursuant to the procedures contained within paragraph (1) of subsection (c) wishes to submit to the electors of the special district the question of whether the tax authorized by subsection

"GA1979.1.449">

(b) shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of such governing authority calling for such a referendum election. Upon receipt of such resolution, it shall be the duty of such election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of such tax to the voters of such special district for approval or rejection. 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 election 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: `() YES () NO Shall a retail sales and use tax of 1% be levied within the special district within..... County?' All persons desiring to vote in favor of levying such tax shall vote `Yes,' and those persons opposed to levying such tax shall vote `No.' If more than one-half of the votes cast on such question are in favor of levying such tax, then such tax shall be levied in accordance with the provisions of this Section, otherwise such tax may not be levied, and the question of the imposition of such tax may not again be submitted to the voters of said special district within 24 months immediately following the month in which such election was held. It shall be the duty of the election superintendent to hold and conduct such election under the same rules and regulations as govern special elections. 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 whose geographical boundary is conterminous with that of such special district. (e) If the imposition of the tax provided for in subsection (b) is approved in a referendum election as provided by subsection (d) of this Section, the governing authority of the county whose geographical boundary is conterminous with that of the special district and

"GA1979.1.450">

the governing authority of each qualified municipality located wholly or partially within such district shall each adopt a resolution during the first 30 days following the certification of the results of such election imposing the tax authorized by subsection (b) on behalf of the county and each qualified municipality located wholly or partially within the special district. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of such resolution. However, with respect to services which are regularly billed on a monthly basis, the resolution shall become effective with the first regular billing period coinciding with or following the effective date of the resolution as herein specified. A certified copy of such resolution shall be forwarded to the State Revenue Commissioner so that it will be received within five days after its adoption. (f) The tax levied pursuant to this Section shall be exclusively administered and collected by the State Revenue Commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and each qualified municipality located wholly or partially therein. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures and penalties provided in the other Sections of this Act: Provided, however, that all moneys collected from each taxpayer by the State Revenue Commissioner shall be first applied to such taxpayer's liability for taxes owed to the State of Georgia. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from the State tax imposed by the other Sections of this Act. (g) The proceeds of the tax collected by the State Revenue Commissioner in each special district under this Section shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the State treasury in order to defray the costs of the administration.

"GA1979.1.451">

(2) Except for the percentage provided for in paragraph (1) of this subsection, the remaining proceeds of the tax shall be distributed to the governing authority of each qualified municipality within the special district and to the governing authority of the county whose geographical boundary is conterminous with that of the special district for the purpose of assisting such political subdivisions in funding all or any portion of those services which are to be provided by such governing authorities pursuant to and in accordance with Article IX, Section IV, Paragraph II of the Constitution. It is the intent of the General Assembly that no initial agreement as to the distribution of the proceeds of the tax shall enrich any political subdivision beyond a sum which in the absence of the distribution would be raised through other sources of revenue. Such distribution shall be in accordance with the provisions of a certificate which shall be executed in behalf of each respective governing authority, except as hereinafter provided, and which shall encompass all such political subdivisions and which shall be filed with the State Revenue Commissioner and which shall specify by percentage that portion of the remaining proceeds of the tax available for distribution which each such political subdivision shall receive. Notwithstanding the fact that a certificate shall not contain an execution in behalf of one or more qualified municipalities within the special district, if the combined total of the population of all such absent municipalities is less than one-half of the aggregate population of all qualified municipalities located within the special district, the submitting political subdivisions shall in behalf of such absent municipalities specify a percentage of that portion of the remaining proceeds which each such municipality shall receive, which percentage shall be no less than that proportion which each absent municipality's population bears to the total population of all qualified municipalities within the special district multiplied by that portion of the remaining proceeds which are received by all qualified municipalities within the special district. For the purpose of determining the population of those municipalities provided for in the preceding sentence, only that portion of the population of each such municipality which is located within the special district shall be computed. No certificate may contain specified percentages, the total of which exceeds 100%. Such certificate shall be filed with the State Revenue Commissioner by June 1, 1979, for those special districts in which the tax authorized by this Section is being

"GA1979.1.452">

levied on April 1, 1979. For all other special districts in which such tax shall be imposed subsequent to April 1, 1979, the certificate shall be filed with the State Revenue Commissioner within 60 days after the tax shall be imposed within the district. The Revenue Commissioner shall continue to distribute the proceeds of the tax as hereinbefore specified until the first day of the next calendar year following that month in which the State Revenue Commissioner shall receive a certificate as hereinbefore provided for which shall provide other percentages upon which the Revenue Commissioner shall make the distribution to the political subdivisions entitled to the proceeds of the tax, at which time the State Revenue Commissioner shall thereafter distribute the proceeds of the tax in accordance with the directions of such certificate. If the certificates hereinbefore provided for shall not be received by the Revenue Commissioner by the dates herein provided, the authority to impose the tax authorized by subsection (b) shall cease on the first day of the second calendar month subsequent to that month in which the tax was initially imposed and the tax shall not be levied in the special district after such date unless the reimposition of the tax shall be subsequently authorized pursuant to the provisions of subsection (d). When the imposition of the tax is terminated pursuant to the preceding sentence, the State Revenue Commissioner shall retain the proceeds of the tax which were to be distributed to the governing authorities of the county and qualified municipalities within the special district until he shall receive a certificate in behalf of each such governing authority specifying the percentage of such proceeds which each such governing authority shall receive. If no such certificate shall be received by the State Revenue Commissioner within 120 days of the date the authority to levy the tax was terminated, such proceeds shall escheat to the State and the State Revenue Commissioner shall transfer such proceeds to the State's general fund. (h) As used within this Section, the term `qualified municipality' shall mean only those incorporated municipalities which impose a tax other than the tax authorized by this Section and which provide at least three of the following services: (1) Water.

"GA1979.1.453">

(2) Sewage. (3) Garbage collection. (4) Police protection. (5) Fire protection. (6) Library. (i) (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 after the initial year in which it is levied and for all subsequent years, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality therein receiving any proceeds of the tax shall adjust annually the mill rate for ad valorem taxation of tangible property within such political subdivisions as provided in this paragraph. Each governing authority of such political subdivisions shall compute the mill rate necessary to produce revenue from taxation of tangible property in each respective political subdivision which, when combined with other revenues reasonably expected to be received by the political subdivision 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 political subdivision 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 political subdivision, would produce an amount equal to the distribution of the proceeds of the tax imposed by this Section which were received by the political subdivision during the preceding year. The tax bill of each ad valorem taxpayer in the political subdivision shall show in a prominent manner the total mill rate first computed in this subparagraph 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 distribution of tax imposed by this Section during the previous year. The remainder shall be the mill rate upon which each taxpayer's bill shall be based. The taxing authority of each such political subdivision shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of ad valorem property taxes which such taxpayer has received as a result of

"GA1979.1.454">

such political subdivision sharing in the proceeds of the tax authorized to be imposed by this Section. Provided, however, that the dollar amount of reduction of ad valorem property taxes shall not be calculated nor reflected on those forms used for the registration and taxation of motor vehicles or trailers. (2) The provisions of this subsection shall not be construed so as to require that a county or municipality prepare and mail ad valorem property tax bills when the ad valorem property tax mill rate in the county or municipality has been reduced to zero as a result of the receipt of proceeds from the tax levied pursuant to this Section. (j) The State Revenue Commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary in order that he might effectively and efficiently administer and enforce the collection of the tax authorized to be imposed by this Section. (k) Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser thereof, either in another local taxing jurisdiction within the State or in a taxing jurisdiction outside the State where the purpose of the tax is similar in purpose and intent to the tax authorized to be imposed by this Section, said tax may be credited against the tax authorized to be imposed by this Section upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due as authorized to be imposed by this Section, the purchaser shall pay an amount equal to the difference between the amount so paid in the other taxing jurisdiction and the amount due as authorized to be imposed by this Section. The State Revenue Commissioner may require such proof of payment in another local taxing jurisdiction as is deemed to be necessary and proper. (l) No tax shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the special district in which the joint tax is imposed, regardless of the point at which title passes, if such delivery is made by the seller's vehicle, United States mail, common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.

"GA1979.1.455">

(m) Each sales tax return remitting taxes collected under this Section shall separately identify the location of each retail establishment at which establishment any of the taxes remitted were collected and shall specify the amount of sales and amount of taxes collected at each such establishment for the period concerned by the return so as to thereby facilitate determination by the State Revenue Commissioner that all taxes imposed by this Section are collected and distributed according to situs of sale. (n) (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. (o) Whenever the governing authority of any county or qualified municipality located wholly or partially within a special district in which the tax authorized by this Section is being levied wishes to submit to the electors of the special district the question of whether the tax authorized by subsection (b) shall be discontinued, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of such governing authority calling for such a referendum election. Upon receipt of such resolution, it shall be the duty of such election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of such tax to the voters of such special district for approval or rejection. 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 election superintendent shall cause

"GA1979.1.456">

the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of said county. The ballot shall have written or printed thereon the following: `() YES () NO Shall the 1% retail sales and use tax being levied within the special district within..... County be terminated?' All persons desiring to vote in favor of discontinuing such tax shall vote `Yes,' and those persons opposed to discontinuing such tax shall vote `No.' If more than one-half of the votes cast on such question are in favor of discontinuing such tax, then such tax shall cease to be levied on the first day of the second calendar quarter following that month in which the Revenue Commissioner shall receive the certification of the results of the election, otherwise such tax shall be continued to be levied, and the question of the discontinuing of such tax may not again be submitted to the voters of said special district within 24 months immediately following the month in which such election was held. It shall be the duty of the election superintendent to hold and conduct such election under the same rules and regulations as govern special elections. 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 whose geographical boundary is conterminous with that of such special district. Section 2. Code Chapter 91A-46, relating to a local option sales and use tax, is hereby amended by striking said Code Chapter in its entirety and substituting in lieu thereof the following: CHAPTER 91A-46. JOINT COUNTY AND MUNICIPAL SALES AND USE TAX 91A-4601. Pursuant to the authority contained within Article IX, Section IV, Paragraph II of the Constitution, there is hereby created within this State 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts.

"GA1979.1.457">

91A-4602. When the imposition of a joint county and municipal sales and use tax shall be authorized according to the procedures hereinafter provided for in this Chapter within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1%. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Code Chapter 91A-45. No item or transaction which is not subject to taxation by Code Chapter 91A-45 shall be subject to the tax levied pursuant to this Code Chapter, except that the joint tax herein provided for shall be applicable to sales of motor fuels as that term is defined by Code Section 91A-5002. 91A-4603. Effective January 1, 1980, the joint tax provided for in Code Section 91A-4602 shall be levied in each special district in which, prior to January 1, 1980, a joint county and municipal sales and use tax was levied pursuant to Section 26A of the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, or, if prior to said date, a referendum election had authorized the levying of such a tax within the special district. 91A-4604. If the imposition of the tax provided for in Code Section 91A-4602 is to be levied pursuant to Code Section 91A-4603, the governing authority of the county whose geographical boundary is conterminous with that of the special district and the governing authority of each qualified municipality located wholly or partially within such district shall each adopt a resolution on or prior to January 1, 1980, imposing the tax authorized by Code Section 91A-4602 on behalf of the county and each qualified municipality located wholly or partially within the special district. 91A-4605. Whenever the governing authority of any county or qualified municipality located wholly or partially within a special district in which a joint county and municipal sales and use tax was not imposed on January 1, 1980, wishes to submit to the electors of the special district the question of whether the tax authorized by Code Section 91A-4602 shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution

"GA1979.1.458">

of such governing authority calling for such a referendum election. Upon receipt of such resolution, it shall be the duty of such election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of such tax to the voters of such special district for approval or rejection. 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 election 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: `() YES () NO Shall a retail sales and use tax of 1% be levied within the special district within..... County?' All persons desiring to vote in favor of levying such tax shall vote `Yes,' and those persons opposed to levying such tax shall vote `No.' If more than one-half of the votes cast on such question are in favor of levying such tax, then such tax shall be levied in accordance with the provisions of this Code Chapter, otherwise such tax may not be levied, and the question of the imposition of such tax may not again be submitted to the voters of said special district within 24 months immediately following the month in which such election was held. It shall be the duty of the election superintendent to hold and conduct such election under the same rules and regulations as govern special elections. 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 whose geographical boundary is conterminous with that of such special district. 91A-4606. If the imposition of the tax provided for in Code Section 91A-4602 is approved in a referendum election as provided by Code Section 91A-4605, the governing authority of the county whose geographical boundary is conterminous with that of the special district and the governing authority of each qualified municipality located wholly or partially within such district shall each adopt a resolution during the first 30 days following the certification of the results of such election imposing the tax authorized by

"GA1979.1.459">

Code Section 91A-4602 on behalf of the county and each qualified municipality located wholly or partially within the special district. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of such resolution. However, with respect to services which are regularly billed on a monthly basis, the resolution shall become effective with the first regular billing period coinciding with or following the effective date of the resolution as herein specified. A certified copy of such resolution shall be forwarded to the State Revenue Commissioner so that it will be received within five days after its adoption. 91A-4607. The tax levied pursuant to this Code Chapter shall be exclusively administered and collected by the State Revenue Commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and each qualified municipality located wholly or partially therein. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures and penalties provided in Code Chapter 91A-45: Provided, however, that all moneys collected from each taxpayer by the State Revenue Commissioner shall be first applied to such taxpayer's liability for taxes owed to the State of Georgia. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from the State tax imposed by Code Chapter 91A-45. 91A-4608. The proceeds of the tax collected by the State Revenue Commissioner in each special district under this Code 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 treasury in order to defray the costs of the administration. (2) Except for the percentage provided for in paragraph (1) of this Code Section, the remaining proceeds of the tax shall be distributed to the governing authority of each qualified municipality within the special district and to the governing authority

"GA1979.1.460">

of the county whose geographical boundary is conterminous with that of the special district for the purpose of assisting such political subdivisions in funding all or any portion of those services which are to be provided by such governing authorities pursuant to and in accordance with Article IX, Section IV, Paragraph II of the Constitution. It is the intent of the General Assembly that no initial agreement as to the distribution of the proceeds of the tax shall enrich any political subdivision beyond a sum which in the absence of the distribution would be raised through other sources of revenue. Such distribution shall be in accordance with the provisions of a certificate which shall be executed in behalf of each respective governing authority, except as hereinafter provided, and which shall encompass all such political subdivisions and which shall be filed with the State Revenue Commissioner and which shall specify by percentage that portion of the remaining proceeds of the tax available for distribution which each such political subdivision shall receive. Notwithstanding the fact that a certificate shall not contain an execution in behalf of one or more qualified municipalities within the special district, if the combined total of the population of all such absent municipalities is less than one-half of the aggregate population of all qualified municipalities located within the special district, the submitting political subdivisions shall in behalf of such absent municipalities specify a percentage of that portion of the remaining proceeds which each such municipality shall receive, which percentage shall be no less than that proportion which each absent municipality's population is of the total population of all qualified municipalities within the special district multiplied by that portion of the remaining proceeds which are received by all qualified municipalities within the special district. For the purpose of determining the population of those municipalities provided for in the preceding sentence, only that portion of the population of each such municipality which is located within the special district shall be computed. No certificate may contain specified percentages, the total of which exceeds 100%. Such certificate shall be filed with the State Revenue Commissioner by March 1, 1980, for those special districts in which the tax authorized by this Code Chapter is being levied on January 1, 1980. For all other special districts in which such tax shall be imposed subsequent to January 1, 1980, the certificate shall be filed with the State Revenue Commissioner within 60 days after the tax shall be imposed within the district. The

"GA1979.1.461">

Revenue Commissioner shall continue to distribute the proceeds of the tax as hereinbefore specified until the first day of the next calendar year following that month in which the State Revenue Commissioner shall receive a certificate as hereinbefore provided for which shall provide other percentages upon which the Revenue Commissioner shall make the distribution to the political subdivisions entitled to the proceeds of the tax, at which time the State Revenue Commissioner shall thereafter distribute the proceeds of the tax in accordance with the directions of such certificate. If the certificates hereinbefore provided for shall not be received by the Revenue Commissioner by the dates herein provided, the authority to impose the tax authorized by Code Section 91A-4602 shall cease on the first day of the second calendar month subsequent to that month in which the tax was initially imposed and the tax shall not be levied in the special district after such date unless the reimposition of the tax shall be subsequently authorized pursuant to the provisions of Code Section 91A-4605. When the imposition of the tax is terminated pursuant to the preceding sentence, the State Revenue Commissioner shall retain the proceeds of the tax which were to be distributed to the governing authorities of the county and qualified municipalities within the special district until he shall receive a certificate in behalf of each such governing authority specifying the percentage of such proceeds which each such governing authority shall receive. If no such certificate shall be received by the State Revenue Commissioner within 120 days of the date the authority to levy the tax was terminated, such proceeds shall escheat to the State and the State Revenue Commissioner shall transfer such proceeds to the State's general fund. 91A-4609. As used within this Chapter, the term `qualified municipality' shall mean only those incorporated municipalities which impose a tax other than the tax authorized by this Chapter and which provide at least three of the following services: (1) Water. (2) Sewage. (3) Garbage collection.

"GA1979.1.462">

(4) Police protection. (5) Fire protection. (6) Library. 91A-4610. (a) As a condition precedent for authority to levy the tax or collect any proceeds from the tax authorized by this Code Chapter for the year after the initial year in which it is levied and for all subsequent years, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality therein receiving any proceeds of the tax shall adjust annually the mill rate for ad valorem taxation of tangible property within such political subdivisions as provided in this subsection. Each governing authority of such political subdivisions shall compute the mill rate necessary to produce revenue from taxation of tangible property in each respective political subdivision which, when combined with other revenues reasonably expected to be received by the political subdivision during the year other than revenues derived from the tax imposed pursuant to this Code Chapter, would provide revenues sufficient to defray the expenses of the political subdivision 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 political subdivision, would produce an amount equal to the distribution of the proceeds of the tax imposed by this Code Chapter which were received by the political subdivision during the preceding year. The tax bill of each ad valorem taxpayer in the political subdivision shall show in a prominent manner the total mill rate first computed in this subparagraph 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 distribution of tax imposed by this Code Chapter during the previous year. The remainder shall be the mill rate upon which each taxpayer's bill shall be based. The taxing authority of each such political subdivision shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of ad valorem property taxes which such taxpayer has received as a result of such political subdivision sharing in the proceeds of the tax authorized to be imposed by this Code Chapter. Provided, however, that the dollar amount of reduction of ad valorem property taxes shall not be calculated nor reflected on those forms used for the registration and taxation of motor vehicles or trailers.

"GA1979.1.463">

(b) The provisions of this Code Section shall not be construed so as to require that a county or municipality prepare and mail ad valorem property tax bills when the ad valorem property tax mill rate in the county or municipality has been reduced to zero as a result of the receipt of proceeds from the tax levied pursuant to this Code Chapter. 91A-4611. The State Revenue Commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary in order that he might effectively and efficiently administer and enforce the collection of the tax authorized to be imposed by this Code Chapter. 91A-4612. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser thereof, either in another local taxing jurisdiction within the State or in a taxing jurisdiction outside the State where the purpose of the tax is similar in purpose and intent to the tax authorized to be imposed by this Code Chapter, said 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 State Revenue Commissioner may require such proof of payment in another local taxing jurisdiction as is deemed to be necessary and proper. 91A-4613. No tax shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the special district in which the joint tax is imposed, regardless of the point at which title passes, if such delivery is made by the seller's vehicle, United States mail, common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission. 91A-4614. Each sales tax return remitting taxes collected under this Code Chapter shall separately identify the location of each retail establishment at which establishment any of the taxes remitted were collected and shall specify the amount of sales and amount of taxes collected at each such establishment for the period concerned

"GA1979.1.464">

by the return so as to thereby facilitate determination by the State Revenue Commissioner that all taxes imposed by this Chapter are collected and distributed according to situs of sale. 91A-4615. (a) As used in this Code Section, `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. (b) 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. 91A-4616. Whenever the governing authority of any county or qualified municipality located wholly or partially within a special district in which the tax authorized by this Code Chapter is being levied wishes to submit to the electors of the special district the question of whether the tax authorized by Code Section 91A-4602 shall be discontinued, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of such governing authority calling for such a referendum election. Upon receipt of such resolution, it shall be the duty of such election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of such tax to the voters of such special district for approval or rejection. 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 election 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:

"GA1979.1.465">

`() YES () NO Shall the 1% retail sales and use tax being levied within the special district within County be terminated?' All persons desiring to vote in favor of discontinuing such tax shall vote `Yes,' and those persons opposed to discontinuing such tax shall vote `No.' If more than one-half of the votes cast on such question are in favor of discontinuing such tax, then such tax shall cease to be levied on the first day of the second calendar quarter following that month in which the Revenue Commissioner shall receive the certification of the results of the election, otherwise such tax shall be continued to be levied, and the question of the discontinuing of such tax may not again be submitted to the voters of said special district within 24 months immediately following the month in which such election was held. It shall be the duty of the election superintendent to hold and conduct such election under the same rules and regulations as govern special elections. 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 whose geographical boundary is conterminous with that of such special district. Section 3. Section 1 of this Act shall become effective immediately upon the approval of this Act by the Governor. Section 2 of this Act shall become effective on January 1, 1980, except that the provisions of Code Section 91A-4604 as they relate to the adoption of resolutions imposing a joint county and municipal tax shall become effective immediately upon the Governor approving this Act and such resolutions may be adopted prior to January 1, 1980, for the purposes of said Code Section. Section 4. Effective July 1, 1981, Code Chapter 91A-46, relating to a joint county and municipal sales and use tax, is repealed. Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection,

"GA1979.1.466">

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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1979. FAMILY AND DOMESTIC RELATIONS LAW AMENDED. Code Chapters 30-1, 53-5, 74-1, 105-12 and 105-13 Amended. No. 86 (Senate Bill No. 18). AN ACT To revise and modernize certain laws of this State relating to the family, domestic relations, and intrafamilial duties; to provide for a statement of purpose and intent; to provide for application; to change certain discriminatory provisions of Georgia law, so as to provide for equal protection under the law; to amend Code Title 30, relating to divorce and alimony, as amended, so as to provide for the rights, powers, duties, and liabilities of parties to and children of a marriage; to change the provisions relating to residence in cases of divorce; to change the provisions relating to transfer of property after a divorce is filed; to change the provisions relating to form of judgment and decree; to change certain provisions relating to disabilities; to change certain definitions; to change the provisions relating to permanent and temporary alimony; to change the provisions relating to practices and procedures to obtain permanent and temporary alimony; to change the provisions relating to attorney's fees; to change the provisions relating to discretion of judges as to temporary

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alimony; to change the provisions relating to revision and enforcement of orders allowing alimony; to change the provisions relating to support and custody of children; to change the provisions relating to necessaries and liability therefor; to change the provisions relating to alimony for children; to change the provisions relating to enforcement of judgments, orders, decrees, and verdicts; to change the provisions relating to factors in determining the amount of permanent alimony; to change the provisions relating to the effect of remarriage on alimony; to change the provisions relating to when permanent alimony shall or may be granted; to provide for a party's voluntary deed as a bar to permanent alimony; to provide for decrees in equity; to provide for proceedings for alimony before a judge when no action for divorce is pending and to change the practices and procedures connected therewith; to provide for liabilities; to provide for interest in estates after permanent alimony has been granted and to change the provisions in connection therewith; to repeal an Act providing for the payment of attorney's fees in all citations for contempt, approved March 27, 1947 (Ga. Laws 1947, p. 292); to amend an Act providing for modification of permanent alimony, approved March 9, 1955 (Ga. Laws 1955, p. 630), as amended, so as to provide for the rights, powers, duties, and liabilities of parties to and children of a marriage; to provide for revision of judgments for permanent alimony and practices and procedures in connection therewith; to change the provisions relating to voluntary cohabitation and the effect thereof; to provide for temporary revision of judgments providing permanent alimony during the pendency of a petition for revision of such judgments; to provide grounds for such revision or modification; to provide for applicability; to provide for expenses of litigation; to provide for practices and procedures; to change the provisions relating to the intent of the General Assembly; to amend an Act providing for an award of permanent alimony for the support of the wife or child and children, residents of the State of Georgia, by the husband and father where the husband and father has established a residence in a foreign county or state and there procured a divorce from his wife in which action the wife was never served personally, appeared, pleaded, or otherwise waived jurisdiction of the foreign court, approved March 24, 1965 (Ga. Laws 1965, p. 263), so as to change the provisions relating to the rights, powers, duties, and liabilities of the parties to and children of a marriage; to provide for actions for alimony by such parties and the practices and procedures in relation thereto; to provide for exceptions; to provide for service of process

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and modification of judgments; to amend an Act providing for the fixing of support to be paid by the father of minor children where a final divorce decree contains no provisions governing the same, approved March 21, 1958 (Ga. Laws 1958, p. 204), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 619), so as to change the provisions relating to the rights, powers, duties, and liabilities of the parties to and children of a marriage; to amend Code Chapter 53-5, relating to rights and liabilities of husband and wife, as amended, so as to change the provisions relating to the rights, powers, duties, and liabilities of the parties to and children of a marriage; to change the provisions relating to the separate property of a wife; to provide for the separate property of each spouse; to repeal the provisions relating to the wife as a feme sole as to her separate estate and the powers of a wife to bind her separate estate; to change the provisions relating to the power to contract of married persons; to change the provisions relating to acquisitions of wives living separate from their husbands; to provide for acquisitions when living separate; to repeal the provisions relating to the liability of a husband for necessaries when living separate from his wife; to repeal the provisions relating to general agency of a wife and proof of authority; to repeal the provisions relating to the agency of a wife in respect to necessaries and presumptions connected therewith; to repeal the provisions relating to the entitlement of husbands to the salary or wages of their wives; to amend Code Title 74, relating to parent and child, as amended, so as to change the provisions relating to the rights, powers, duties, and liabilities of the parties to and children of a marriage; to provide that it is the duty of each parent to provide for the maintenance, protection, and education of their children; to provide for exceptions; to change the provisions relating to rights to possession or custody of children; to change the provisions relating to parental power; to provide for recovery for the homicide of children; to provide for parents' obligations to illegitimate children; to amend an Act known as the Uniform Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. Laws 1958, p. 34), as amended, so as to change the provisions relating to the rights, powers, duties, and liabilities of the parties to and children of a marriage; to change the provisions relating to duty of support; to provide for the recognition of commonlaw marriages; to amend Code Section 105-1203, relating to adultery, alienation of affections, or criminal conversation as giving a right of action to the husband, so as to abolish rights of action for adultery, alienation of affections, or criminal conversation; to repeal

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Code Section 105-1307, relating to homicide of a child, as amended; to provide for other matters relative to the foregoing; to provide for severability; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is the intent of this Act to revise and modernize certain laws of this State which relate to intrafamilial duties, rights, and obligations, including laws relating to divorce, alimony, support of minors, husband and wife, parent and child, enforcement of support, and related matters, so as to comply with those standards of equal protection under the law announced in the United States Supreme Court decision in the case of Orr v. Orr , decided March 5, 1979. This Act and the provisions hereof shall be liberally construed to effectuate the purposes of this Act. It is the intent of the General Assembly and of this Act that no contract made or judgment, order, or decree rendered prior to the effective date of this Act should be overturned, modified, or disturbed by reason of the provisions of this Act and that no such contract, judgment, order, or decree should be overturned, modified, or disturbed except to the extent absolutely required by the Constitution of this State or of the United States. Nothing in this Act, however, shall be construed to prohibit modification of judgments, decrees, or orders to the extent such modification is expressly authorized by statute. Noting in this Act shall be construed to authorize any court to entertain any claim of constitutional right, which claim is barred because it was not timely raised in any previous judicial proceeding. This Act shall be construed to effectuate its intent to insure the well-being of the people of this State by insuring, wherever possible, continuity of administration, validity, and execution of all existing provisions whether judicial, contractual, or otherwise for support of people of this State. Section 2. Code Title 30, relating to divorce and alimony, as amended, is hereby amended by adding following Code Section 30-109, a new Code Section 30-109.1, to read as follows: 30-109.1. Adultery; alienation of affections; criminal conversation. Adultery, alienation of affections, or criminal conservation with a wife or husband shall not give a right of action to such

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person's spouse. Rights of action for adultery, alienation of affections, or criminal conversation are hereby abolished. Section 3. Said Code Title is further amended by striking from Code Section 30-112 the following: the husband, and inserting in lieu thereof the following: either party, so that when so amended Code Section 30-112 shall read as follows: 30-112. Transfer of property after divorce filed; effect of lis pendens notice. After suit for divorce has been filed, no transfer by either party of the property, except bona fide in payment of preexisting debts, shall pass title so as to avoid the vesting thereof according to the final verdict of the jury in the cause; Provided, however, that the title to real property shall not be affected by the filing of a suit for divorce unless there shall have been filed in the office of the clerk of the superior court where such real property is situated and recorded by such clerk in a book kept by him for that purpose a notice of lis pendens as provided for by Section 67-2801 of the Code of Georgia of 1933, (Ga. Laws 1939, pp. 345-346). Section 4. Said Code Title is further amended by striking Code Section 30-116 in its entirety and inserting in lieu thereof a new Code Section 30-116 to read as follows: 30-116. Form of judgment and decree. Final judgment shall be so prepared as to conform to the pleadings and evidence and may restore a maiden or prior name, if requested. It shall be prepared in form substantially as follows: `Final Judgment and Decree. Upon consideration of this case upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles.

"GA1979.1.471">

And it is considered, ordered, and decreed by the court that the marriage contract heretofore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into, and Plaintiff and Defendant in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract, whatsoever, and both shall have the right to remarry. We restore to (Plaintiff/Defendant) his or her prior or maiden name, to wit: The court awards custody of the children of the parties as follows: The court fixes alimony and support as follows: Section 5. Said Code Title is further amended by striking Code Section 30-122 which reads as follows: 30-122. Rights and disabilities.When a divorce shall be granted, the jury or the judge, as the case may be, shall determine the rights and disabilities of the parties. Provided, however, that no person shall be placed under disabilities unless there is in the pleadings a special prayer that he be placed under such disabilities., in its entirety and inserting in lieu thereof a new Code Section 30-122 to read as follows: 30-122. Rights. When a divorce shall be granted, the jury or the judge, as the case may be, shall determine the rights of the parties. No person shall be placed under a disability that would prevent remarriage.

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Section 6. Said Code Title is further amended by striking Code Section 30-201 which reads as follows: 30-201. Definition. Permanent and temporary.Alimony is an allowance out of the husband's estate, made for the support of the wife when living separate from him. It is either temporary or permanent. The wife shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by the wife's adultery or desertion. In all cases in which alimony is sought by the wife, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court. In all other cases in which alimony is sought by the wife, alimony is authorized, but not required, to be awarded to the wife in accordance with her needs and the husband's ability to pay. In determining whether or not to grant alimony to the wife, the court shall also consider evidence of the husband's conduct toward the wife. Should the husband die prior to the court's order on the issues of alimony, the rights of the wife shall survive and be a lien upon the estate of the deceased. Pending final determination by the court of the wife's right to alimony, the husband shall not make any substantial change in the assets of his estate except in the course of ordinary business affairs and bona fide transfers for value., in its entirety and inserting in lieu thereof a new Code Section 30-201 to read as follows: 30-201. Definition. Permanent and temporary. Alimony is an allowance out of one party's estate, made for the support of the other party when living separate. It is either temporary or permanent. A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion. In all cases in which alimony is sought, the court shall receive evidence of the factual cause of the separation even though one or both of the parties may also seek a divorce, regardless of the grounds upon which a divorce is sought or granted by the court. In all other cases in which alimony is sought, alimony is authorized, but not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence

"GA1979.1.473">

of the conduct of each party toward the other. Should either party die prior to the court's order on the issues of alimony, any rights of the other party to alimony shall survive and be a lien upon the estate of the deceased. Pending final determination by the court of the right of either party to alimony, neither party shall make any substantial change in the assets of the party's estate except in the course of ordinary business affairs and bona fide transfers for value. Section 7. Said Code Title is further amended by striking Code Section 30-202 which reads as follows: 30-202. Proceedings to obtain temporary alimony.Whenever an action for divorce, at the instance of either party, or a suit by the wife for permanent alimony, shall be pending, the wife may, at any regular term of the court in which the same shall be pending, apply to the presiding judge, by petition, for an order granting to her temporary alimony pending the cause; and, after hearing both parties and evidence as to all the circumstances of the parties and as to the fact of marriage, the court shall grant an order allowing such temporary alimony, including expenses of litigation, as the condition of the husband and the facts of the case may justify., in its entirety and inserting in lieu thereof a new Code Section 30-202 to read as follows: 30-202. Proceedings to obtain temporary alimony. Whenever an action for divorce or a suit for permanent alimony shall be pending, either party may apply, at any time to the court in which the same shall be pending, to the presiding judge, by petition, for an order granting such party temporary alimony pending the cause. After hearing both parties and evidence as to all the circumstances of the parties and as to the fact of marriage, the court shall grant an order allowing such temporary alimony, including expenses of litigation, as the condition of the parties and the facts of the case may justify. Section 8. Said Code Title is further amended by striking from subsection (a) of Code Section 30-202.1 the following: (1) Within the sound discretion of the court, except that the court shall consider the financial circumstances of the wife, as well

"GA1979.1.474">

as those of the husband, as a part of its determination of the amount of attorney's fees, if any, to be allowed against the husband., and inserting in lieu thereof the following: (1) Within the sound discretion of the court, except that the court shall consider the financial circumstances of both parties as a part of its determination of the amount of attorney's fees, if any, to be allowed against either party., so that when so amended Code Section 30-202.1 shall read as follows: 30-202.1. Attorney's fees; considerations; grant to be a final judgment; action to enforce. (a) The grant of attorney's fees as a part of the expenses of litigation made at any time during the pendency of the litigation, whether the action be for alimony, divorce and alimony, or contempt of court arising out of either an alimony case or a divorce and alimony case, shall be: (1) Within the sound discretion of the court, except that the court shall consider the financial circumstances of both parties as a part of its determination of the amount of attorney's fees, if any, to be allowed against either party. (2) A final judgment as to the amount granted, whether the grant be in full or on account, and may be enforced by attachment for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile or not. (b) Nothing contained in this Section shall be construed to mean that attorney's fees shall not be awarded at both the temporary hearing and the final hearing. (c) An attorney may bring an action in his own name to enforce a grant of attorney's fees made to him pursuant to this Section. Section 9. Said Code Title is further amended by striking Code Section 30-203 which reads as follows:

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30-203. Discretion of the judge as to temporary alimony.In arriving at the proper provision, the judge shall consider the peculiar necessities of the wife, growing out of the pending litigation; also any evidence of a separate estate owned by the wife, and if such estate is ample, as compared with the husband's, temporary alimony may be refused., in its entirety and inserting in lieu thereof a new Code Section 30-203 to read as follows: 30-203. Discretion of the judge as to temporary alimony. In arriving at the proper provision, the judge shall consider the peculiar necessities created for each party by the pending litigation and any evidence of a separate estate owned by either party. If the separate estate of the party seeking alimony is ample as compared with that of the other party, temporary alimony may be refused. Section 10. Said Code Title is further amended by striking Code Section 30-204 which reads as follows: 30-204. Revision and enforcement of order allowing alimony. The order allowing alimony shall be subject to revision by the court at any time, and may be enforced either by writ of fieri facias or by attachment for contempt against the person of the husband. A failure to comply with the order shall not deprive the husband of his right either to prosecute or defend his cause., in its entirety and inserting in lieu thereof a new Code Section 30-204 to read as follows: 30-204. Revision and enforcement of order allowing alimony. On application the order allowing alimony shall be subject to revision by the court at any time and may be enforced either by writ of fieri facias or by attachment for contempt. A failure to comply with the order shall not deprive a party of the right either to prosecute or defend the cause. Section 11. Said Code Title is further amended by striking Code Section 30-206 which reads as follows: 30-206. Support and custody of children pending suits for divorce; liability of husband for necessaries.In suits for divorce,

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the judge presiding may, either in term or vacation, grant alimony, or decree a sum sufficient for the support of the family of the husband dependent upon him, and who have a legal claim upon his support, as well as for the support of his wife; and may also hear and determine who shall be entitled to the care and custody of the children pending the litigation, as if the same were before him on a writ of habeas corpus; and in case a sum shall be awarded for the support of said family, the husband shall not be liable to third persons for necessaries furnished them., in its entirety and inserting in lieu thereof a new Code Section 30-206 to read as follows: 30-206. Support and custody of children pending suits for divorce; liability for necessaries. In suits for divorce, the judge presiding may grant, either in term or vacation, alimony including a sum sufficient for the support of the children. The judge may also hear and determine who shall be entitled to the care and custody of the children pending the litigation. If a sum is awarded for the support of the children, the party who is required to pay such support shall not be liable to third persons for necessaries furnished to the children. Section 12. Said Code Title is further amended by striking Code Section 30-207 which reads as follows: 30-207. Alimony for children on final trial; liability of husband for necessaries.If the jury, on the second or final verdict, shall find in favor of the wife, they shall also, in providing permanent alimony for her, specify what amount the minor children shall be entitled to for their permanent support; and in what manner, how often, to whom, and until when it shall be paid; and this they may also do, if, from any legal cause, the wife may not be entitled to permanent alimony, and the said children are not in the same category; and when such support shall be thus granted, the husband shall likewise not be liable to third persons for necessaries furnished the children embraced in said verdict who shall be therein specified., in its entirety and inserting in lieu thereof a new Code Section 30-207 to read as follows:

"GA1979.1.477">

30-207. Alimony for children on final trial; liability for necessaries. In its final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final verdict or decree shall further specify in what manner, how often, to whom, and until when such support shall be paid. When such support is awarded, the party who is required to pay such support shall not be liable to third persons for necessaries furnished to the children embraced in said verdict or decree. Section 13. Said Code Title is further amended by striking Code Section 30-208 which reads as follows: 30-208. Judgments, orders, etc., how enforced.Orders, decrees, or verdicts, permanent or temporary, in favor of the children or family of the husband, may be enforced as those in favor of the wife exclusively., in its entirety and inserting in lieu thereof a new Code Section 30-208 to read as follows: 30-208. Orders, decrees, or verdicts; how enforced. Orders, decrees, or verdicts, permanent or temporary, in favor of the children may be enforced as those in favor of a party. Section 14. Said Code Title is further amended by striking Code Section 30-209 which reads as follows: 30-209. Jury may provide permanent alimony; factors in determining amount; effect of remarriage.The jury rendering the final verdict in a divorce suit may provide permanent alimony for the wife, either from the corpus of the estate or otherwise, according to the condition of the husband. In all cases where alimony is awarded to the wife, her separate estate and earning capacity, as well as any fixed liabilities of the husband for the support of minor children, shall be taken into consideration in fixing the amount. All obligations for permanent alimony to the wife, whether created by contract, verdict, judgment, or decree, the time for performance of which has not yet arrived, shall cease upon her remarriage unless otherwise provided in the decree.,

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in its entirety and inserting in lieu thereof a new Code Section 30-209 to read as follows: 30-209. Jury may provide permanent alimony; factors in determining amount; effect of remarriage. The jury rendering the final verdict in a divorce suit or the court entering a final decree in a divorce suit tried without a jury may provide permanent alimony for either party, either from the corpus of the estate or otherwise, according to the condition of both parties, including the separate estate, earning capacity, and fixed liabilities of each party. All obligations for permanent alimony to a party, whether created by contract, verdict, judgment, or decree, the time for performance of which has not arrived, shall cease upon remarriage of the party to whom such obligations are owed unless otherwise provided. Section 15. Said Code Title is further amended by striking Code Section 30-210 which reads as follows: 30-210. Permanent alimony, when granted.Permanent alimony shall be granted in the following cases: 1. In cases of divorce, as considered in Chapter 30-1. 2. In cases of voluntary separation. 3. Where the wife, against her will, shall either be abandoned or driven off by her husband., in its entirety and inserting in lieu thereof a new Code Section 30-210 to read as follows: 30-210. Permanent alimony, when granted. Permanent alimony may be granted in the following cases: (1) In cases of divorce, as considered in Code Chapter 30-1. (2) In cases of voluntary separation. (3) Where one spouse, against the will of that spouse, shall be abandoned or driven off by the other spouse. Section 16. Said Code Title is further amended by striking Code Section 30-211 which reads as follows: 30-211. Husband's voluntary deed as bar to permanent alimony.In either of the latter two cases the husband may voluntarily,

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by deed, make an adequate provision for the support and maintenance of his wife, consistent with his means and her former circumstances, which shall be a bar to her right to permanent alimony., in its entirety and inserting in lieu thereof a new Code Section 30-211 to read as follows: 30-211. Party's voluntary contract or other written agreement as bar to permanent alimony. In either of the latter two cases specified in Code Section 30-210, a party voluntarily, by contract or other written agreement, may make an adequate provision for the support and maintenance of such party's spouse, consistent with the means of such party and the former circumstances of the spouse, which shall be a bar to the right of the spouse to permanent alimony. Section 17. Said Code Title is further amended by striking Code Section 30-212 which reads as follows: 30-212. Decree in equity.In the absence of such provision, on the application of the wife equity may, by decree, compel the husband to make such provision for the support of the wife and such minor children as may be in her custody as indicated in the foregoing section., in its entirety and inserting in lieu thereof a new Code Section 30-212 to read as follows: 30-212. Decree in equity. In the absence of such provision and on the application of a party, equity, by decree, may compel the spouse of such party to make such provision for the support of the party and such minor children as may be in the custody of the party as indicated in the foregoing Section. Section 18. Said Code Title is further amended by striking Code Section 30-213 which reads as follows: 30-213. Proceeding for alimony before the judge when no action for divorce pending.When husband and wife shall be living separate, or shall be bona fide in a state of separation, and there shall be no action for divorce pending, the wife may, in behalf of

"GA1979.1.480">

herself and her minor children, if any, or either, institute a proceeding by petition setting forth fully her case; and upon three days' notice to the husband, the judge may hear the same in term time or vacation, and grant such order as he might grant were it based on a pending petition for divorce, to be enforced in the same manner, together with any other remedy applicable in equity, such as appointing a receiver and the like; and should such proceeding proceed to a hearing before a jury, they shall decree as provided by section 30-212 for such cases, but such proceeding shall be in abeyance when a petition for divorce shall be filed bona fide by either party, and the judge presiding shall have made his order on the motion for alimony, and when so made, such order shall be a substitute for the aforesaid decree in equity, as long as said petition shall be pending and not finally disposed of on the merits., in its entirety and inserting in lieu thereof a new Code Section 30-213 to read as follows: 30-213. Proceeding for alimony before the judge when no action for divorce pending. When husband and wife shall be living separate or in a bona fide state of separation and there shall be no action for divorce pending, either party, on the party's own behalf, on the behalf of the minor children in the party's custody if any, or either, may institute a proceeding by petition setting forth fully the party's case. Upon three days' notice to the other party, the judge may hear the same in term time or vacation and may grant such order as he might grant were it based on a pending petition for divorce, to be enforced in the same manner, together with any other remedy applicable in equity, such as appointing a receiver and the like. Should such proceeding proceed to a hearing before a jury, they shall decree as provided by Code Section 30-212 for such cases; but such proceeding shall be in abeyance when a petition for divorce shall be filed bona fide by either party and the judge presiding shall have made his order on the motion for alimony; and when so made, such order shall be a substitute for the aforesaid decree in equity as long as said petition shall be pending and not finally disposed of on the merits. Section 19. Said Code Title is further amended by striking Code Section 30-215 which reads as follows:

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30-215. Liability to third person for necessaries.Until provision shall be made for the support and maintenance of the wife and minor children, voluntarily or by decree or order of the court, the husband shall be liable to third persons for the board and support of the wife and for all necessaries furnished to her or for the benefit of his children in her custody., in its entirety and inserting in lieu thereof a new Code Section 30-215 to read as follows: 30-215. Liability to third person for necessaries. Until otherwise provided voluntarily or by decree or order of a court, each party shall be liable to third persons for the board and support and for all necessaries furnished to or for the benefit of the parties' children. Section 20. Said Code Title is further amended by striking Code Section 30-216 which reads as follows: 30-216. Liability of husband after alimony granted.When permanent alimony shall be granted, the husband shall cease to be liable for any debt or contract of the wife, and the property of the husband set apart for the support of the wife shall not be subject to his debts or contracts as long as she shall live., in its entirety and inserting in lieu thereof a new Code Section 30-216 to read as follows: 30-216. Liability after alimony granted. When permanent alimony shall be granted, the party liable for alimony shall cease to be liable for any debt or contract of his or her spouse, and the property of the liable party set apart for the support of his or her spouse shall not be subject to the liable party's debts or contracts as long as his or her spouse shall live. Section 21. Said Code Title is further amended by striking Code Section 30-218 which reads as follows: 30-218. Interest of wife in husband's estate after permanent alimony granted.After permanent alimony shall be granted, upon the death of the husband the wife shall not be entitled to any further interest in his estate in her right as wife, but such permanent provision

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shall be continued to her, or a portion of the estate equivalent thereto shall be set apart to her., in its entirety and inserting in lieu thereof a new Code Section 30-218 to read as follows: 30-218. Interest in estate after permanent alimony granted. After permanent alimony shall be granted, upon the death of the party liable for such alimony, the other party shall not be entitled to any further interest in the estate of the deceased party by virtue of the marriage contract between the parties, but such permanent provision shall be continued to the other party, or a portion of the deceased party's estate equivalent to such permanent provision shall be set apart to the other party. Section 22. An Act providing for the payment of attorney's fees in all citations for contempt, approved March 27, 1947 (Ga. Laws 1947, p. 292), is hereby repealed in its entirety. Section 23. An Act providing for modification of permanent alimony, approved March 9, 1955 (Ga. Laws 1955, p. 630), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The judgment of a court providing permanent alimony for the support of a spouse shall be subject to revision upon petition filed by either former spouse showing a change in the income and financial status of either former spouse. The judgment of a court providing permanent alimony for the support of a child or children shall be subject to revision upon petition filed by either former spouse showing a change in the income and financial status of the former spouse liable for such alimony. In either case such petition shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. No petition may be filed by either former spouse under this Act within a period of two years from the date of the filing of a previous petition by the same former spouse. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded, by either party, may modify and revise the previous judgment in accordance with the changed income and financial status of either former spouse in the case of permanent alimony for the support of a former spouse or in accordance with the changed income and financial status of the former

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spouse liable for such alimony in the case of permanent alimony for the support of a child or children, if such a change in the income and financial status is satisfactorily proved, so as to warrant such modification and revision. In the hearing upon a petition filed as provided herein, testimony may be given and evidence introduced relative to the income and financial status of either former spouse. (b) Subsequent to a final judgment of divorce awarding periodic payment of alimony for the support of a spouse, the voluntary cohabitation of such former spouse with a third party in a meretricious relationship shall also be grounds to modify provisions made for periodic payments of permanent alimony for the support of such former spouse. As used herein, the word cohabitation shall mean dwelling together continuously and openly in a meretricious relationship with a person of the opposite sex. In the event the petitioner does not prevail in the petition for modification on the ground as set forth herein, petitioner shall be liable for reasonable attorney's fees incurred by the respondent for the defense of the said action. (c) When an action for revision of a judgment for permanent alimony under this Section is pending and at least 90 days have elapsed since the date of the filing of the petition or action for modification, the court, in term time or in vacation, in its discretion may allow, upon motion, the temporary modification of such a judgment pending the final trial on the petition. In considering an application for temporary modification under this subsection, the court shall consider evidence of any changed circumstances of the parties and the reasonable probability of petitioner obtaining revision upon final trial. The order granting temporary modification shall be subject to revision by the court at any time before final trial. Section 24. 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. Upon such an application, as hereinbefore authorized, the merits of whether a party, or child or children, or both, are entitled to alimony and support are not an issue; but the only issue is whether there has been such a substantial change in the income and financial status of the party liable for alimony in cases of permanent alimony for the support of a child or children or in

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the income and financial status of either former spouse in cases of permanent alimony for the support of a former spouse as to warrant either a downward or upward revision or modification of the permanent alimony judgment. Section 25. 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. Such an application, as hereinbefore authorized, can be filed only where a party has been ordered by the final judgment in an alimony, or divorce and alimony, suit to pay permanent alimony in weekly, monthly, annual, or similar periodic payments, and not where the former spouse of such party, or child or children, or both, have been given an award from the corpus of the party's estate in lieu of such periodic payment. Section 26. 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. Where such an application, as hereinbefore authorized, is filed by a party obligated to pay alimony, the court may require such party to pay reasonable expenses of litigation as may be incurred by such party's former spouse, either on behalf of such former spouse, or the child or children, or both, in defense thereof. Section 27. Said Act is further amended by striking Section 4A, which was adopted by an amendatory Act approved March 17, 1969 (Ga. Laws 1969, p. 98), which reads as follows: Section 4A. (1) So long as a husband against whom is rendered a permanent alimony judgment remains or is domiciled in this State, the exclusive procedure for the modification of such judgment shall be by a proceeding instituted for such purposes in the court of this State which granted the original judgment. (2) No judgment of any other state or foreign jurisdiction by which it is attempted to modify a Georgia judgment awarding permanent alimony for the support of a wife, or child or children, or both, will be recognized or enforced by the courts of this State.

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(3) This Act shall apply to all judgments for permanent alimony for the support of a wife, or child or children, or both, rendered subsequent to March 9, 1955., in its entirety and inserting in lieu thereof a new Section 4A to read as follows: Section 4A. (a) So long as a party against whom is rendered a permanent alimony judgment remains or is domiciled in this State, the exclusive procedure for the modification of such judgment shall be by a proceeding instituted for such purposes in the superior court of the county in which venue is proper. (b) No judgment of any other state or foreign jurisdiction by which it is attempted to modify a Georgia judgment awarding permanent alimony for the support of a party, or child or children, or both, will be recognized or enforced by the courts of this State. (c) This Act shall apply to all judgments for permanent alimony for the support of a party, or child or children, or both, rendered subsequent to March 9, 1955. Section 28. Said Act is further amended by striking Section 4A as adopted by an amendment, approved April 10, 1978 (Ga. Laws 1978, p. 2204), which reads 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., in its entirety and inserting in lieu thereof a new Section 4B to read as follows: Section 4B. 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 support, whenever rendered, unless rendered prior to March 9, 1955, in which case the provisions of Section 6 shall apply.

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Section 29. An Act providing for an award of permanent alimony for the support of the wife or child and children, residents of the State of Georgia, by the husband and father where the husband and father has established a residence in a foreign country or state and there procured a divorce from his wife in which action the wife was never served personally, appeared, pleaded, or otherwise waived jurisdiction of the foreign court, approved March 24, 1965 (Ga. Laws 1965, p. 263), 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. Whenever any person shall, in any foreign country or any other state of the United States of America, obtain a divorce from such person's spouse, which said spouse at the time of the filing of said divorce action was a resident of this State, and in which action the spouse was served constructively and in which case the spouse did not appear, plead, or otherwise waive jurisdiction of the foreign court and in which such spouse was not personally served with petition and process, the spouse, at any time subsequent to the granting of said foreign divorce decree, may apply to the superior court in the county where such spouse resides for an order and judgment for permanent alimony for the support of such spouse and the child or children of the parties if any, said permanent alimony action to be filed, pleaded, and tried as if no divorce decree had been entered and this such spouse may do even though said foreign decree may be entitled to full faith and credit in dissolving the marriage; provided, however, that if the person who obtained the divorce shall have become a resident of Georgia such action shall be brought in the county of such person's residence. Section 30. 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 procedure herein provided for shall not be available for the support of any child or children whose custody and support was legally adjudicated in the foreign court, unless custody of such child or children shall subsequently be changed by a court having jurisdiction of the parties. Section 31. Said Act is further amended by striking Section 3 which reads as follows:

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Section 3. Such petition shall be served upon the husband as in actions for permanent alimony and heard by the judge unless a jury trial be demanded by either party to the cause; and the judgment shall be reviewable as in other cases. Such order or judgment shall likewise be subject to modification in the event of a change in the income or financial status of the husband under the same laws, terms and conditions as are now provided for in cases of permanent alimony., in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. Such petition shall be served upon the person who obtained the divorce as in actions for permanent alimony and heard by the judge unless a jury trial be demanded by either party to the cause; and the judgment shall be reviewable as in other cases. Such order or judgment shall likewise be subject to modification upon a change of condition in the same manner that other orders or judgments for permanent alimony are subject to modification. Section 32. An Act providing for the fixing of support to be paid by the father of minor children where a final divorce decree contains no provisions governing the same, approved March 21, 1958 (Ga. Laws 1958, p. 204), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 619), is hereby amended by striking Section 1 which reads as follows: Section 1. Whenever the custody of a minor child or children shall have been lawfully awarded, by any court having jurisdiction thereof, to any person other than the father of said children, at any time subsequent to the rendition of a final divorce decree between the father and mother of said children or when such custody was awarded to the mother as a part of the final divorce decree and the court awarding the decree was unable to obtain jurisdiction over the father for purposes of a determination as to whether the father should be bound for support of such child or children, which decree contains no specific provisions binding the father for the support of such child or children, the person to whom the custody of such child or children is awarded may, by petition, apply to the judge of the superior court in the county where the father of said child or children shall reside for an order and judgment fixing the amount of support money that the father shall provide in order to fulfill his

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natural duty to supply the necessaries of life for such child or children. The procedure herein provided for shall be available in cases wherein the mother of said children is the petitioner, notwithstanding the divorce decree and judgment may have been rendered in favor of the father. The order and judgment of the court shall remain in effect except as limited by its own restrictions, and the provisions of this Act, so long as the petitioner remains in lawful custody of said child or children, and until they become of age. Execution may be granted to the petitioner for any sums past due under such order and judgment, in accordance with procedures now existing in cases of judgments for alimony. Such petition shall be served upon said father and heard before the judge, unless a jury trial be demanded by either party to the cause; and the judgment shall be reviewable as in other cases. Such order or judgment shall likewise be subject to modification in the event of a change in the income of the father of said child or children, under the same terms and conditions as now provided for in cases of permanent alimony for the support of children granted in connection with the rendition of a final decree in divorce cases., in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. Whenever the custody of a minor child or children shall have been lawfully awarded, by any court having jurisdiction thereof, to any person other than a parent of said children, at any time subsequent to the rendition of a final divorce decree between the father and mother of said children or when such custody is awarded to a parent as part of the final divorce decree and the court awarding the decree was unable to obtain jurisdiction over the parent without custody for purposes of a determination as to whether such parent without custody should be bound for support of such child or children, which decree contains no specific provisions binding the parent without custody for the support of such child or children, the parent or other person to whom the custody of such child or children is awarded may apply by petition to the judge of the superior court in the county where the parent without custody of said child or children shall reside for an order and judgment fixing the amount of support money that such parent without custody shall provide in order to fulfill such parent's natural duty to supply the necessaries of life for such child or children. The procedure

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herein provided for shall be available in cases wherein the parent with custody of said children is the petitioner, notwithstanding the fact that the divorce decree and judgment may have been rendered in favor of the parent without custody. The order and judgment of the court shall remain in effect except as limited by its own restrictions and the provisions of this Section, so long as the petitioner remains in lawful custody of said child or children and until they become of age. Execution may be granted to the petitioner for any sums past due under such order and judgment, in accordance with procedures in other cases of judgments for alimony. Such petition shall be served upon the defendant and heard before the judge, unless a jury trial be demanded by either party to the cause; and the judgment shall be reviewable as in other cases. Such order or judgment shall likewise be subject to modification in the event of changed circumstances under the same terms and conditions as are provided for in other cases of permanent alimony for the support of children granted in connection with the rendition of a final decree in divorce cases. Section 33. Code Chapter 53-5, relating to rights and liabilities of husband and wife, as amended, is hereby amended by striking Code Section 53-502 which reads as follows: 53-502. Wife's property, when separate.All the property of the wife at the time of her marriage, whether real, personal, or choses in action, shall be and remain the separate property of the wife; and all property given to, inherited, or acquired by the wife during coverture shall vest in and belong to the wife, and shall not be liable for the payment of any debt, default, or contract of the husband., in its entirety and inserting in lieu thereof a new Code Section 53-502 to read as follows: 53-502. Spouse's separate property. The separate property of each spouse shall remain the separate property of that spouse except as provided in Code Title 30 and except as otherwise provided by law.

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Section 34. Said Code Chapter is further amended by repealing Code Section 53-503 which reads as follows: 53-503. Wife feme sole as to her separate estate; binding separate estate. The wife is a feme sole as to her separate estate, unless controlled by the settlement. Every restriction upon her power in it must be complied with. The wife may not bind that portion of her separate estate which is composed of tangible personal property by any contract of suretyship, except bail bonds in criminal cases, or by any assumption of the debts of her husband. The sale of any portion of her separate estate which is composed of tangible personal property to a creditor of her husband in extinguishment of his debts shall be absolutely void., in its entirety. Section 35. Said Code Chapter is further amended by striking Code Section 53-505 which reads as follows: 53-505. Married women may contract; presumptions.A married woman may make contracts with other persons; but when a transaction between husband and wife shall be attacked for fraud by the creditors of either, the onus shall be on the husband and wife to show that the transaction was fair. If the wife shall have a separate estate, and shall purchase property from persons other than her husband, and the property shall be levied on as the property of the husband, the onus shall be upon the creditor to show fraud or that the wife did not have the means wherewith to purchase the property., in its entirety and inserting in lieu thereof a new Code Section 53-505 to read as follows: 53-505. Married persons may contract; presumptions. A married person may make contracts with other persons; but, when a transaction between a husband and wife shall be attacked for fraud by the creditors of either, the onus shall be on the husband and wife to show that the transaction was fair. If a husband or wife shall have a separate estate, and shall purchase property from persons other than his or her spouse, and the property shall be levied on as the property of the spouse, the onus shall be upon the creditor to show fraud or that the husband or wife did not have the means wherewith to purchase the property.

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Section 36. Said Code Chapter is further amended by repealing Code Section 53-507 which reads as follows: 53-507. Acquisitions of wife living separate from her husband.When living separate from her husband, the acquisitions of a wife and of her children living with her shall be vested in the wife for her separate use, free from the debts, contracts, or control of her husband, and at her death, intestate, the same shall descend to her children, and, if none, to her next of kin. The wife may enforce contracts made in reference to her own acquisitions., in its entirety. Section 37. Said Code Chapter is further amended by repealing Code Section 53-508 which reads as follows: 53-508. Liability of husband for necessaries when living separate from wife.The husband shall be bound for necessaries furnished to the wife when separated from him, subject to the limitations herein provided. If the wife shall be living in adultery with another man, the husband shall not be liable. Notice by the husband shall not relieve him from liability, if his wife shall be separated from him by reason of his own misconduct. If she shall voluntarily abandon him without sufficient provocation, notice by the husband shall relieve him of all liability for necessaries furnished to her., in its entirety. Section 38. Said Code Chapter is further amended by repealing Code Section 53-509 which reads as follows: 53-509. General agency of wife; proof of authority.The wife may act as attorney and agent for the husband, but, except in cases before mentioned, proof of such authority must be made as in other cases., in its entirety. Section 39. Said Code Chapter is further amended by repealing Code Section 53-510 which reads as follows:

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53-510. Agency of wife in respect to necessaries; presumption; rebuttal.The husband shall be bound to support and maintain his wife, and his consent shall be presumed to her agency in all purchases of necessaries suitable to her condition and habits of life, made for the use of herself and the family. This presumption may be rebutted by proof., in its entirety. Section 40. Said Code Chapter is further amended by repealing that Section of the Code Chapter which was enacted by an Act approved March 4, 1943 (Ga. Laws 1943, p. 316), which has been numbered as Code Section 53-512 and which reads: From and after the passage of this Act a husband living with his wife shall not be entitled to, and shall not receive the salary or wages of his wife, except by her consent., in its entirety. Section 41. Code Title 74, relating to parent and child, as amended, is hereby amended by striking Code Section 74-105 which reads as follows: 74-105. Father's obligation as to maintenance, etc.Until majority, it is the duty of the father to provide for the maintenance, protection, and education of his child., in its entirety and inserting in lieu thereof a new Code Section 74-105 to read as follows: 74-105. Parents' obligation to child. Until majority, it is the joint and several duty of each parent to provide for the maintenance, protection, and education of the child, except to the extent that the duty of one parent is otherwise or further defined by court order. Section 42. Said Code Title is further amended by striking Code Section 74-106 which reads as follows: 74-106. Mother's right to possession of child on death of or separation from husband. Upon the death of the father, the mother

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is entitled to the possession of the child until his arrival at such age that his education requires the guardian to take possession of him. In cases of separation of the parents, or of the death of one and the subsequent marriage of the survivor, the court, upon writ of habeas corpus, may exercise a discretion as to the possession of the child, looking solely to his interest and welfare., in its entirety and inserting in lieu thereof a new Code Section 74-106 to read as follows: 74-106. Right to custody of child. Upon the death of either parent, the survivor is entitled to custody of the child. Provided, however, the court, upon petition, may exercise discretion as to the custody of the child, looking solely to the child's interest and welfare. Section 43. Said Code Title is further amended by striking Code Section 74-108 which reads as follows: 74-108. Parental power.Until majority, the child shall remain under the control of the father, who is entitled to his services and the proceeds of his labor. This parental power shall be lost by: 1. Voluntary contract, releasing the right to a third person. 2. Consenting to the adoption of the child by a third person. 3. Failure of the father to provide necessaries for his child, or his abandonment of his family. 4. Consent of father to the child's receiving the proceeds of his own labor, which consent shall be revocable at any time. 5. Consent to the marriage of the child, who thus assumes inconsistent responsibilities. 6. Cruel treatment of the child., in its entirety and inserting in lieu thereof a new Code Section 74-108 to read as follows:

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74-108. Parental power. (a) Until majority, the child shall remain under the control of the parents, who are entitled to his services and the proceeds of his labor. In the event that a court has awarded custody of the child to one parent, only the parent who has custody of the child is entitled to his services and the proceeds of his labor. This parental power shall be lost by: (1) Voluntary contract, releasing the right to a third person. (2) Consenting to the adoption of the child by a third person. (3) Failure to provide necessaries for the child, or abandonment of the child. (4) Consent to the child's receiving the proceeds of his own labor, which consent shall be revocable at any time. (5) Consent to the marriage of the child, who thus assumes inconsistent responsibilities. (6) Cruel treatment of the child. (b) The parents, when not divorced, may recover for the homicide of a child, minor or sui juris, unless said child shall leave a wife, husband, or child. The parents shall be entitled to recover the full value of the life of such child. If either parent is deceased, the surviving parent shall be entitled to recover the full value of the life of such child. If the parents are divorced, the parent with custody of the child may recover for the homicide for the child. In suits for recovery, the illegitimacy of the child shall be no bar to recovery. Section 44. Said Code Title is further amended by striking Code Section 74-202 which reads as follows: 74-202. Father's obligation to support.The father of an illegitimate child shall be bound to maintain him until said child reaches the age of 18, marries or become self-supporting, whichever occurs first. This obligation shall be good consideration to support

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a contract by him. He may voluntarily discharge this duty; if he shall fail or refuse to do it, the law will compel him. Provided, however, that the Superior Court shall have the power, upon petition of the father, to require the mother of an illegitimate child to contribute to such support upon a determination that the financial circumstances of both the father and the mother are such that justice and equity require the mother to share in, or have responsibility for, such support., in its entirety and inserting in lieu thereof a new Code Section 74-202 to read as follows: 74-202. Parents' obligation to child. Until majority, it is the joint and several duty of each parent of an illegitimate child to provide for the maintenance, protection, and education of the child, except to the extent that the duty of one parent is otherwise or further defined by court order. Section 45. An Act known as the Uniform Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. Laws 1958, p. 34), as amended, is hereby amended by striking paragraph (6) of Section 2 in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) `Duty of support' includes any duty of support imposed or imposable by law, or by any court order, decree, or judgment, whether interlocutory or final, whether incidental to a proceeding for divorce, judicial (legal) separation, separate maintenance, or otherwise, and without limitation specifically including for the purpose of this Act, the following: (a) A person is one state is hereby declared to be liable for the support of such person's spouse in conformity with the support laws of this State, and any child or children under eighteen years of age and residing or found in the same state or in another state having substantially similar or reciprocal laws, and, if possessed of sufficient means or able to earn such means, may be required to pay for this support a fair and reasonable sum according to such person's means, as may be determined by the court having jurisdiction of the defendant in a proceeding instituted under this Act. Notwithstanding the fact that either spouse has obtained in any state or county a final decree of divorce or

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separation from the other spouse or a decree dissolving their marriage, the obligor herein shall be deemed legally liable for the support under this Act of any dependent child of such marriage, whether or not there has been an award of alimony or support for said child or children. (b) The parents in one state are hereby declared to be severally liable for the support of a child eighteen years of age or older, residing or found in the same state or in another state having substantially similar or reciprocal laws, whenever such child is unable to maintian himself and is likely to become a public charge. (c) A child or children born of parents, who, at any time prior or subsequent to the birth of such child, have entered into a civil or religious marriage ceremony shall be deemed the legitimate child or children of both parents, regardless of the validity of such marriage. (d) A child or children born to parents who held or hold themselves out as husband and wife by virtue of a common-law marriage recognized as valid by the laws, of the initiating state and of the responding state shall be deemed the legitimate child or children of both parents. (e) A common-law marriage recognized as valid by the laws of the initiating state and of the responding state shall be deemed to be a valid marriage for purposes of this Act. (f) Whenever a person has been adjudicated by a court of competent jurisdiction as the parent of an illegitimate child, such person shall be legally liable for the support of said child in the same manner in which such person would owe the duty of support if such child were a legitimate child. Section 46. Code Section 105-1203, relating to adultery, alienation of affections, or criminal conversation as giving a right of action to the husband, is hereby amended by striking from the caption of such Code Section the following:

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; proof of marriage, and by striking from said Code Section the following: Adultery or criminal conversation with a wife shall give a right of action to the husband. In such cases proof of the marriage may be made by general reputation and the parties living together as man and wife., and inserting in lieu thereof the following: Adultery, alienation of affections, or criminal conversation with a wife or husband shall not give a right of action to such person's spouse. Rights of action for adultery, alienation of affections, or criminal conversation are hereby abolished., so that when so amended Code Section 105-1203 shall read as follows: 105-1203. Adultery or criminal conversation. Adultery, alienation of affections, or criminal conversation with a wife or husband shall not give a right of action to such person's spouse. Rights of action for adultery, alienation of affections, or criminal conversation are hereby abolished. Section 47. Code Section 105-1307, relating to homicide of a child, as amended, which reads as follows: 105-1307. A mother, or, if no mother, a father, may recover for the homicide of a child, minor or sui juris, unless said child shall leave a wife, husband or child. The mother or father shall be entitled to recover the full value of the life of such child. In suits by the mother the illegitimacy of the child shall be no bar to a recovery., is hereby repealed in its entirety. Section 48. 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

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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 49. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall govern all proceedings and actions brought after it takes effect and also all further proceedings in actions then pending. Section 50. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1979. MEDICAL ASSOCIATION OF ATLANTA COMMENDED. No. 3 (Senate Resolution No. 155). A RESOLUTION Commending the Medical Association of Atlanta and the physician and nonphysician members of the Cost Accountability Committee; and for other purposes. WHEREAS, inflation is recognized as a problem of utmost gravity in the United States, affecting every phase of the nation's economy from international trade to commerce in the necessities of life; and WHEREAS, the cruel ravages of inflation make no distinction between the rich and the poor, the farmer and the grocer, the worker and the employer, or the taxpayer and the agencies of government supported by taxes; and WHEREAS, the President of the United States, the Honorable Jimmy Carter, has called upon all Americans to apply creativity

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and restraint in voluntary efforts to bring inflation under control by such means as limiting wage and price increases and by promoting greater productivity and less waste in both the public and private sectors of the economy; and WHEREAS, in response to the President's call, leaders of the nation's health care professions have organized their own voluntary effort to control increases in the cost of health care, including medical and hospital services; and WHEREAS, in Georgia, the Medical Association of Atlanta, a professional society of some 1,400 physicians, has established its own Cost Accountability Committee to identify, study, and attack such conditions, practices, problems, and attitudes as might contribute unnecessarily to the cost of delivering health care to the consumer, including costs paid by government, private insurance plans, and other third party payors; and WHEREAS, in addition to physicians, the Committee of the Medical Association of Atlanta includes representatives of business, industry, labor, hospitals, government agencies, insurance organizations, and other elements in the community with varying interests in and perspectives on health care costs; and WHEREAS, in its first year of work, this committee completed a report consisting of recommendations to physicians, to patients, to hospitals, to insurance companies, to employers, to health planning agencies, and to the executive and legislative branches of the federal government, as to actions each might take in the interest of controlling costs and thus mitigating the effects of inflation in this important area of the economy, both locally and throughout Georgia and the nation; and WHEREAS, such recommendations, by virtue of the concensus of varying interests represented in their adoption, are deserving of special attention by those parties to whom addressed, to the end that greater understanding and cooperation in controlling health care costs will result. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby commend the Medical Association of Atlanta and the physician and nonphysician

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members of the Cost Accountability Committee for their diligent, constructive, and responsible efforts in the public interest. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to the President of the United States, to members of the Georgia delegation in Congress, to the Medical Association of Atlanta, to the Medical Association of Georgia, and to the American Medical Association. Approved April 4, 1979. EXHIBIT HONORING BUTTON GWINNETT. No. 4 (Senate Resolution No. 156). A RESOLUTION Requesting a feasibility study of the creation of an historical exhibit in the Capitol building centering on an authentic portrait and authentic signature of Button Gwinnett; and for other purposes. WHEREAS, Fulton Federal Savings and Loan Association is currently the owner of an authenticated portrait of Button Gwinnett painted by Jeremiah Theus; and WHEREAS, Button Gwinnett was one of Georgia's three signers of the Declaration of Independence and his signature and likeness have become great rarities; and WHEREAS, the State of Georgia possesses one or more authentic signatures of Button Gwinnett, which are popularly believed to be valued at $50,000 each; and

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WHEREAS, it is only fitting and proper that Button Gwinnett be properly recognized for his many contributions to the creation of our national government and the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Secretary of State is hereby requested to study the feasibility of an exhibit for the Capitol building combining the portrait owned by Fulton Federal Savings and Loan Association with one of the signatures owned by the State of Georgia, along with other elements which would help convey the story of Button Gwinnett to the people of Georgia and other visitors to the Capitol, in such manner as he deems most appropriate. BE IT FURTHER RESOLVED that the General Assembly hereby expresses its appreciation to Fulton Federal Savings and Loan Association for offering the indefinite use of its portrait to the State of Georgia for however long it remains on public display in the Capitol building in the original display concept, or renovated versions of the original display, as agreed upon by all parties concerned. BE IT FURTHER RESOLVED that, if the Secretary of State determines the above mentioned exhibition to be feasible, he is requested to perform whatever act is necessary within the scope of his authority to provide for the exhibition. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to Fulton Federal Savings and Loan Association and the Secretary of State. Approved April 4, 1979.

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SUPREME COURT OF GEORGIAAMOUNT OF FEE TO TAKE BAR EXAMINATION. Code Section 9-105 Amended. No. 87 (Senate Bill No. 184). AN ACT To amend Code Section 9-105, relating to appointment of the board of examiners, their number, terms, and compensation, and the examination fee, as amended, so as to allow a determination of the 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. Code Section 9-105, relating to appointment of the board of examiners, their number, terms, and compensation, and the examination fee, as amended, is hereby amended by striking Code Section 9-105 in its entirety and substituting in lieu thereof a new Code Section 9-105 to read as follows: 9-105. It shall be the duty of the Justices of the Supreme Court to appoint and fix the number, terms and compensation of the examiners, whose powers and duties shall be as set forth by the Supreme Court by rule. The members of the board of examiners shall be learned and experienced attorneys at law of generally recognized ability and integrity. All salaries, fees and other expenses incurred in administering the State Board of Bar Examiners and the examinations conducted by such board shall be paid by the Supreme Court from an appropriation made to the Supreme Court for that purpose. All fees paid by applicants for admission to the bar by examination shall be paid into the general funds of the treasury. The Supreme Court, upon recommendation by the board, shall by rule set the amount of the examination fee to be paid by the applicants for admission to the bar by examination and shall direct to whom and when such fee shall be paid. Said examination fee shall be reasonable and shall be determined in such a manner that the total amount of the fees charged and collected by the board in each fiscal year shall approximate the direct and indirect costs to the State for administering the examination. The amount of the fee to be paid by the applicant shall not exceed $90.00.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1979. SUPERIOR COURT OF JASPER COUNTYTERMS OF COURT. No. 95 (House Bill No. 729). AN ACT To amend an Act relating to the Superior Court of Jasper County, approved August 1, 1918 (Ga. Laws 1918, p. 129), as amended by an Act approved July 18, 1925 (Ga. Laws 1925, p. 107), so as to add a term of 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 relating to the Superior Court of Jasper County, approved August 1, 1918 (Ga. Laws 1918, p. 129), as amended by an Act approved July 18, 1925 (Ga. Laws 1925, p. 107), is hereby amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof the following: Section 2. Be it further enacted, that the terms of said court shall begin on the second Monday in February, the second Monday in May, the second Monday in August, and the second Monday in November each year. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1979. CAPITAL FELONY EXPENSE ACT. No. 111 (Senate Bill No. 178). AN ACT To provide for the reimbursement to counties for expenses incurred by them as a result of capital felony cases being tried in the superior courts of such counties; to provide for a short title; to provide for definitions; to provide the basis for the reimbursement of capital felony expenses; to provide for administrative matters; to provide for reimbursement payments to counties; to provide for other matters relative to the foregoing; to provide effective dates; 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 Capital Felony Expense Act. Section 2. Definitions. As used in this Act, the following words or terms shall have the following meanings: (a) Capital felony case means a criminal case in which the death penalty may be imposed upon the defendant under the laws of Georgia. (b) Capital felony expenses means expenses incurred by a county and paid from county funds as a direct result of a capital felony case being tried by the superior court of such county and includes such expenses from the date of the arrest of the defendant until the date of his final conviction or release, if he is not finally convicted, but said term shall not include the following expenses:

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(1) Any expenses reimbursed by or pursuant to current State law; (2) The salaries, compensation and expenses of all county officers and employees, except for any compensation and expenses of temporary employees employed as a direct result of the capital felony cases and except for extraordinary expenses incurred by county officers and employees as a direct result of said capital felony case; and (3) County paid supplements to the salaries or compensation of State officers and employees. (c) Commissioner means the Commissioner of the Department of Community Affairs. (d) County revenue means the most current available total of adjusted taxes used to compute that county's local share of General Revenue Sharing Funds. Section 3. Basis for reimbursement of capital felony expenses. Each county in which the superior court thereof tries a capital felony case or capital felony cases shall be reimbursed for capital felony expenses as follows: (a) When a single capital felony case results with capital felony expenses during a calendar year exceeding five percent of county revenue for the immediately preceding calendar year, the county shall be reimbursed for all capital felony expenses incurred as a result of said capital felony case which exceeds five percent of said county revenue. (b) When two or more capital felony cases result with capital felony expenses during a calendar year exceeding ten percent of county revenue for the immediately preceding calendar year, the county shall be reimbursed for all capital felony expenses exceeding ten percent of said county revenue, but this subsection shall not operate to preclude reimbursement under subsection (a) hereof if a single capital felony case entitles a county to reimbursement thereunder, even though total capital felony cases may not entitle a county to reimbursement under this subsection.

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Section 4. Administration. (a) The Commissioner shall administer the provisions of this Act and shall make payments to counties for the reimbursement of capital felony expenses as provided by this Act. Such payments shall be made from funds appropriated to the Department of Community Affairs specifically for the purpose of making reimbursements pursuant to this Act. (b) Consistent with the provisions of this Act, the Commissioner shall adopt rules or regulations for the administration of this Act, and such rules and regulations shall be distributed to the county governing authorities and to the clerks of the superior courts on or before July 1, 1979. (c) The clerks of the superior courts shall be the local administrators of this Act, and, consistent with rules and regulations promulgated by the Commissioner as provided by subsection (b) hereof, such clerks shall maintain records of capital felony expenses for the purposes of this Act. Based on such records, the clerk of the superior court shall certify to the Commissioner, during the first quarter of each calendar year, capital felony expenses incurred by his respective county for the immediately preceding calendar year. The first such certification hereunder shall be made during the third quarter of calendar year 1979 and shall cover capital felony expenses incurred during calendar year 1978. For calendar year 1978 and for the last six months of calendar year 1979, the clerks of the superior courts, in accordance with rules promulgated by the Commissioner for such purposes, shall reconstruct capital felony expenses for such periods. Thereafter, for each calendar year, such capital felony expenses shall be based on records of the clerks of the superior courts as aforesaid. Section 5. Reimbursement payments. (a) Reimbursement payments for capital felony expenses under this Act shall be made by one annual payment to the governing authority of each county incurring capital felony expenses. Such payments shall be made during the first quarter of the State's fiscal year for county capital felony expenses incurred during the immediately preceding calendar year. The first payments hereunder shall be made during the second quarter of the 1979-80 fiscal year for county capital felony expenses incurred during the 1978 calendar year.

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(b) In the event that requests for reimbursement exceed the amount appropriated for this Act, the Commissioner shall have the right to reduce each request proportionally so that the total amount of requests shall not exceed the total amount appropriated. Section 6. Effective dates. This Act shall become effective for administrative purposes upon its approval by the Governor or upon its becoming law without his approval and shall become effective for all purposes on July 1, 1979. Section 7. Conflicting laws repealed. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. COURT COSTS IN CERTAIN COUNTIES (600,000 OR MORE). Code Section 24-2727A Amended Code Section 24-2727B Enacted. No. 135 (Senate Bill No. 287). AN ACT To amend Code Chapter 24-27, relating to clerks of the superior court, as amended, so as to delete a provision that provides that there shall be no deposit when filing a civil action; to provide that in counties having a population of 600,000 or more, according to the 1970 United States Decennial Census or any future such census, there shall be specific fees for services rendered by the clerk in certain civil cases; to provide for definitions; to specify procedures in connection thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1979.1.508">

Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 24-27, relating to clerks of the superior court, as amended, is hereby amended by striking the first sentence of Code Section 24-2727A in its entirety and substituting in lieu thereof the following: The provisions of this Code Section shall apply in all counties of this State having a population of 600,000 or more, according to the 1970 United States Decennial Census or any future such census. Section 2 . Said Code Chapter is further amended by adding immediately following Code Section 24-2727 A a new Code Section, to be designated Code Section 24-2727B, which shall read as follows: 24-2727B. (a) The provisions of this Code Section shall be applicable only in those counties of this State having a population of 600,000 or more according to the 1970 United States Decennial Census or any future such census. (b) For purposes of this Code Section, domestic civil cases shall mean: (1) divorce cases, (2) alimony cases, (3) annulment cases, (4) separate maintenance cases, or (5) modification of decree in any of the matters specified above. (c) In all counties specified in subsection (a) of this Code Section, the total costs for all services rendered by the clerk of the superior court in domestic civil cases, through judgment or dismissal, shall be $40.00, plus $8.00 for each party other than the original plaintiff and defendant.

"GA1979.1.509">

(d) In all civil cases, other than those specified in subsection (c) of this Code Section and those wherein there is no adversary party against whom costs may be taxed, the total cost for all services rendered by the clerk of the superior court, through judgment or dismissal, shall be $55.00, plus $8.00 for each party or intervenor other than one defendant and the original plaintiffs. (e) The sums specified by subsections (c) and (d) shall be paid to the clerk of the superior court at the time of the filing of the original complaint except such sums as shall be due by reason of additional parties, which sum shall be paid to the clerk at the time such parties are added or motion to add such parties is filed, whichever event shall first occur. All sums charged and collected by the clerks of the superior court pursuant to this Code Section shall be paid into the county treasury. (f) The sums specified in subsections (c) and (d) above shall be in lieu of all other costs for the clerk of such counties in the civil cases specified in said subsections, but nothing herein shall be construed so as to prohibit the collection of any other costs authorized by law for post-judgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing herein shall be construed to affect in any way the power and authority of the superior courts of such counties from taxing costs in accordance with law, but no costs collected under this Code Section shall be refunded by the clerk unless and until the same shall have been paid to the clerk by the losing party. 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 11, 1979.

"GA1979.1.510">

REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AND LIQUORAMENDED, SALE OF ALCOHOLIC BEVERAGES ON SUNDAY IN CERTAIN COUNTIES (6,530-6,600), REFERENDUM. No. 140 (Senate Bill No. 303). 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 by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2488), so as to expressly authorize certain local governing authorities to permit and regulate the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink on Sundays; to provide for referenda; 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 by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2488), is hereby amended by designating the existing text of Section 30B as subsection (a) and by adding a new subsection (b) to read as set forth below so that when so amended Section 30B shall read as follows: Section 30B. (a) Any provision of this or any other law to the contrary notwithstanding, the governing authority of every county in the State of Georgia having a population of not less than 6,530 and not more than 6,600 according to the United States Decennial Census of 1970 or any such future census, and the governing authority of every municipality within every such county, through proper resolution or ordinance, may authorize the issuance of licenses to sell distilled spirits or alcoholic beverages for beverage purposes by the drink, said sales to be for consumption only on the premises. 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

"GA1979.1.511">

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 hours of business, 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 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. (b) (1) Any governing authority of a county or municipality which on or before the effective date of this subsection has by proper resolution or ordinance authorized issuance of licenses as provided in subsection (a) may permit and regulate Sunday sales by licensees if Sunday sales are approved by referendum as provided in this subsection (b). (2) Any governing authority desiring to permit and regulate Sunday sales shall so provide by proper resolution or ordinance. (3) Not less than 10 nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county or municipality for approval or rejection. 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 the county. The ballot shall have written or printed thereon the words: `() YES () NO Shall the governing authority of (name of municipality or county) be authorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?'

"GA1979.1.512">

(4) All persons desiring to vote for approval of Sunday sales shall vote `Yes', and those persons desiring to vote for rejection of Sunday sales shall vote `No'. If more than one-half of the votes cast on such question are for approval of Sunday sales, the governing authority may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees. (5) The expense of such election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notices. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia a bill to permit the sale of alcoholic beverages for on premises consumption only within the City limits of the City of Richmond Hill, Georgia. This 15th day of February, 1979. Glenn Bryant, State Senator 2-15, 22 3, 1 and 8 Ken McBurnett In the Superior Court of Bryan County State of Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn E. Bryant who, on oath, deposes and says that he is Senator from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pembroke Journal and Richmond Hill News

"GA1979.1.513">

which is the official organ of Bryan County, on the following dates: February 15, 22, 1979 and March 1, 1979. /s/ Glenn E. Bryant Senator, 3rd District Sworn to and subscribed before me, this 22nd day of February, 1979. /s/ Eliabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. HOUSING AUTHORITIES LAW AMENDEDMEMBERS IN CERTAIN MUNICIPALITIES (10,800-11,200). No. 156 (House Bill No. 79). AN ACT To amend an Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 612), so as to change the membership of the authority in each city of the State having a population of not less than 10,800 and not more than 11,200, according to the United States Decennial Census of 1970 or any future such census; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended,

"GA1979.1.514">

particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 612), is hereby amended by adding a new paragraph at the end of Section 5 thereof to read as follows: In addition to the five commissioners otherwise provided for in this Section, the authority in each city of the State having a population of not less than 10,800 and not more than 11,200, according to the United States Decennial Census of 1970 or any future such census, shall include an additional two members who shall be subject to the provisions of this Section in the same manner as the five commissioners otherwise provided for in this Section. Each commissioner provided for in this paragraph shall be appointed for a term of five years and until the appointment and qualification of his successor, except that the initial appointment to one of the positions created by this paragraph shall be for a term of four years and until the appointment and qualification of his successor. 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, 1979. MEMBERS OF BOARDS OF TAX ASSESSORS IN CERTAIN COUNTIES (10,500-10,600). Code Section 91A-1437 Amended. No. 194 (House Bill No. 437). AN ACT To provide that in all counties of this State having a population of not less than 10,500 nor more than 10,600, according to the

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United States Decennial Census of 1970 or any future such census, the members of the board of tax assessors shall be ineligible to hold any State or county office during the time they hold their offices; to provide that such officers shall be eligible to hold municipal office; to provide that members may be reappointed to succeed themselves as members of said board; to amend Code Section 91A-1437, relating to members of county boards of tax assessors, so as to incorporate the provisions relating to members of the board of tax assessors in the above mentioned counties into the new Georgia Public Revenue Code; to provide for automatic repeal of certain provisions of this Act as of the effective date of Code Title 91A; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 10,500 nor more than 10,600, according to the United States Decennial Census of 1970 or any future such census, the members of the board of tax assessors shall be ineligible to hold any State or county office during the time they hold their offices. Such members shall be eligible to hold municipal office. Members may be reappointed to succeed themselves as members of said board. Section 2. Code Section 91A-1437, relating to members of county boards of tax assessors, is hereby amended by designating the present paragraph as subsection (a) and adding a new subsection (b) to read as follows: (b) Any provision of law to the contrary notwithstanding, in each county having a population of not less than 10,500 and not more than 10,600, according to the census, the members of the board of tax assessors shall be ineligible to hold any State or county office during the time they hold their offices. Such members shall be eligible to hold municipal office. Members may be reappointed to succeed themselves as members of said board., so that when so amended, Code Section 91A-1437 shall read as follows: 91A-1437. Members of county boards of tax assessors ineligible to hold other office. (a) No member of the county board of tax

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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. (b) Any provision of law to the contrary notwithstanding, in each county having a population of not less than 10,500 and not more than 10,600, according to the census, the members of the board of tax assessors shall be ineligible to hold any State or county office during the time they hold their offices. Such members shall be eligible to hold municipal office. Members may be reappointed to succeed themselves as members of said board. Section 3. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Effective January 1, 1980, Section 1 of this Act shall be terminated and stand repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. ENABLING ACT FOR LOCAL LEGISLATION ON CRUELTY TO DOMESTIC ANIMALS AND DOMESTIC ANIMAL CONTROL IN CERTAIN COUNTIES (400,000 OR MORE). No. 200 (House Bill No. 449). AN ACT To enable the governing bodies of all counties of this State having a population of not less than 400,000 according to the United States Decennial Census of 1970 or any future census to

"GA1979.1.517">

enact local legislation in the areas of cruelty to domestic animals and domestic animal control; to provide a short title; 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 may be known and shall be cited as the Enabling Act for Local Legislation on Cruelty to Domestic Animals and Domestic Animal Control. Section 2. Applicable to Certain Counties. The provisions of this Act shall be applicable in all counties of this State having a population of not less than 400,000 according to the United States Decennial Census of 1970 or any future census. Section 3. Standards and Methods of Enforcement. (a) Any provision of any other law to the contrary notwithstanding, the governing authorities of every county in the State of Georgia having a population of not less than 400,000 according to the United States Decennial Census of 1970 or any future such census may through proper resolution or ordinance prescribe standards and set forth methods of enforcement and penalties for: (1) Control of loose domestic animals, including, but not limited to, livestock. (2) Domestic animal impoundment procedures. (3) Sale and possession of domestic animals. (4) Cruelty to domestic animals. (b) As used in subsection (a) of this Section, the phrase domestic animals means those animals which have traditionally lived in a state of dependence upon and under the dominion and control of man and have been kept as tame pets, raised as livestock or used for commercial breeding purposes, including, but not limited to, dogs, cats, horses, cattle, swine, and chickens. Section 4. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged

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invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 5. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. TALLAPOOSA JUDICIAL CIRCUITTERMS. No. 201 (House Bill No. 462). AN ACT To fix the terms of the Superior Courts of the Tallapoosa 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: Section 1. The terms of the Superior Courts in the counties comprising the Tallapoosa Judicial Circuit shall be as follows: (a) Douglas County: the second Monday in February, the third Monday in May, the third Monday in September, and the second Monday in December. (b) Polk County: the fourth Monday in January, the first Monday in May, and the first Monday in November. (c) Haralson County: the second Monday in April, the fourth Monday in August, and the fourth Monday in November.

"GA1979.1.519">

(d) Paulding County: the first Monday in March, the second Monday in June, and the second Monday in October. Section 2. This Act shall become effective on July 1, 1979. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. REVIEW OF TAX ASSESSMENTS IN CERTAIN COUNTIES (400,000-550,000). Code Sections 91A-1449 and 92-6912 Amended. No. 211 (House Bill No. 487). AN ACT To amend an Act comprehensively and exhaustively revising, superseding and modernizing the procedure for the review of assessments made by county boards of tax assessors and providing for county boards of equalization, approved April 6, 1972 (Ga. Laws 1972, p. 1094), codified as Code Section 92-6912, as amended, so as to provide that in counties having a population of not less than 400,000 nor more than 550,000, according to the United States decennial census of 1970 or any future such census, the governing authority of such county may by appropriate resolution adopted on or before November 1 each year elect to have selected one additional county board of equalization for each 10,000 parcels of real estate or any part thereof exceeding 10,000 parcels; to provide that two members of a board of equalization of any such county may decide an appeal from an assessment; to amend Code Section 91A-1449, relating to the review of assessments and county boards of equalization, of the Georgia Public Revenue Code so as to provide that in counties having a population of not less than 400,000 nor more than 550,000, according to the United States decennial

"GA1979.1.520">

census of 1970 or any future such census, the governing authority of such county may by appropriate resolution adopted on or before November 1 each year elect to have selected one additional county board of equalization for each 10,000 parcels of real estate or any part thereof exceeding 10,000 parcels; to provide that two members of a board of equalization of any such county may decide an appeal from an assessment; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding and modernizing the procedure for the review of assessments made by county boards of tax assessors and providing for county boards of equalization, approved April 6, 1972 (Ga. Laws 1972, p. 1094), codified as Code Section 92-6912, as amended, is hereby amended by adding a new paragraph at the end of Section 1 to read as follows: In any county having a population of not less than 400,000 nor more than 550,000, according to the United States decennial census of 1970 or any future such census, the governing authority of such county may, by appropriate resolution adopted on or before November 1 each year, elect to have selected one additional county board of equalization for each 10,000 parcels of real estate or any part thereof exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of any such county may decide an appeal from an assessment, notwithstanding any other provisions of this Section. Such decision shall be in writing and signed by at least two members of the board of equalization, and except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Section. Section 2. Code Section 91A-1449, relating to the review of assessments and county boards of equalization, of the Georgia Public Revenue Code is hereby amended by adding a new paragraph at the end of subsection (a) to be designated paragraph (3) and to read as follows: (3) Notwithstanding the provisions of any part of this subsection to the contrary, in any county of this State having a population

"GA1979.1.521">

of not less than 400,000 nor more than 550,000, according to the United States decennial census of 1970 or any future such census, the governing authority of such county may, by appropriate resolution adopted on or before November 1 each year, elect to have selected one additional county board of equalization for each 10,000 parcels of real estate or any part thereof exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of any such county may decide an appeal from an assessment, notwithstanding any other provisions of this Section. Such decision shall be in writing and signed by at least two members of the board of equalization, and except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Section. Section 3. Section 1 of this Act shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law without his approval. Section 2 of this Act shall become effective on January 1, 1980. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. CONTRACTS BY CERTAIN MUNICIPAL GOVERNMENTAL AUTHORITIES (120,000-150,000). Code Section 69-202 Amended. No. 238 (House Bill No. 601). AN ACT To amend Code Section 69-202, relating to the binding effect of ordinances and contracts on municipal governmental authorities

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and successors, so as to permit the governing authorities of municipal corporations having a population of not less than 120,000 and not more than 150,000 according to the United States decennial census of 1970 or any future such census to enter into contracts respecting the ownership, construction or reconstruction of street overpasses and underpasses of railroad properties; to ratify and confirm contracts executed prior to December 31, 1977; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 69-202, relating to the binding effect of ordinances and contracts on municipal governmental authorities and successors, is hereby amended by adding thereto the following: Provided, however, that the governing authorities of municipal corporations having a population of not less than 120,000 and not more than 150,000 according to the United States decennial census of 1970 or any future such census may on behalf of such municipal corporations enter into contracts with respect to the ownership, maintenance, construction or reconstruction of street overpasses and underpasses of railroad properties which shall be binding upon such authorities and successors. Contracts executed by the governing authorities of such municipal corporations prior to December 31, 1977, with respect to the ownership, maintenance, construction or reconstruction of street overpasses and underpasses of railroad properties are hereby ratified and confirmed. 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, 1979.

"GA1979.1.523">

LOOKOUT MOUNTAIN JUDICIAL CIRCUITSALARY OF COURT REPORTER. No. 258 (House Bill No. 669). AN ACT To amend an Act providing a salary for the official Court Reporter of the Lookout Mountain Judicial Circuit, approved March 28, 1969 (Ga. Laws 1969, p. 207), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 534), so as to change the salary of said court reporter; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a salary for the official Court Reporter of the Lookout Mountain Judicial Circuit, approved March 28, 1969 (Ga. Laws 1969, p. 207), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 534), is hereby amended by striking the first unnumbered paragraph of Section 1 in its entirety and inserting in lieu thereof a new first unnumbered paragraph of Section 1 to read as follows: The Court Reporter of the Lookout Mountain Judicial Circuit shall be paid an annual salary of $11,500.00 until April 1, 1980, and an annual salary of $13,000.00 on and after April 1, 1980. Such salary shall be paid in equal monthly installments by the authority having charge of the fiscal affairs of the county embracing said judicial circuit in the same manner as other county expenses are paid or upon the order of the presiding judges of said circuit. Walker County shall pay 48% of such salary, Dade County shall pay 9% of such salary, Chattooga County shall pay 14% of such salary, and Catoosa County shall pay 29% of such salary. Said salary compensation shall be in lieu of all fees and any other compensation provided by law for attending the superior courts in the counties comprising said judicial circuit as directed by the presiding judges of said circuit and the taking down of testimony in the trial of such criminal cases as are required by law to be recorded, including a committal court when ordered to do so by said judges at the request of the district attorney of said circuit.

"GA1979.1.524">

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to increase the amount of compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. /s/ E. Don Towns Court Reporter /s/ Joe D. Randles Court Reporter /s/ John Morton Court Reporter Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Summerville News which is the official organ of Chattooga County, on the following dates: January 18 and 25 and Feb. 1, 1979. /s/ Wayne Snow, Jr. Representative, 1st District

"GA1979.1.525">

Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to increase the amount of compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. /s/ Joe D. Randles Court Reporter /s/ E. Don Towns Court Reporter /s/ John Morton Court Reporter Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News which is the

"GA1979.1.526">

official organ of Catoosa County, on the following dates: January 11, 18 and 25, 1979. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to increase the amount of compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. /s/ E. Don Towns Court Reporter /s/ Joe D. Randles Court Reporter /s/ John Morton Court Reporter

"GA1979.1.527">

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Catoosa County, on the following dates: January 10, 17 and 24, 1979. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1979 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to increase the amount of compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. /s/ E. Don Towns Court Reporter /s/ Joe D. Randles Court Reporter /s/ John Morton Court Reporter

"GA1979.1.528">

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County, on the following dates: January 11, 18 and 25, 1979. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 7th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

"GA1979.1.529">

CORONER'S SALARIES IN CERTAIN COUNTIES (10,600-10,900). Code Section 21-105 Amended. No. 268 (House Bill No. 720). AN ACT To amend an Act amending Code Section 21-105, relating to fees paid coroners, approved April 28, 1969 (Ga. Laws 1969, p. 878), as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 565), so as to change the compensation of coroners in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending Code Section 21-105, relating to fees paid coroners, approved April 28, 1969 (Ga. Laws 1969, p. 878), as amended by an Act approved April 13, 1973 (Ga. Laws 1973, p. 565), is hereby amended by striking from Section 1 the following: one hundred dollars ($100.00) per month, and inserting in lieu thereof the following: $1,500.00 per year, so that when so amended Section 1 shall read as follows: Section 1. Section 21-105 of the Code of Georgia of 1933, as amended, is hereby amended by adding at the end of said Section the following: `The coroners in all counties of this State having a population of not less than 10,600 persons and not more than 10,900 persons, according to the United States Decennial Census of 1970, or any such future census, are hereby placed on a salary basis and shall be compensated as such official, in the amount of $1,500.00 per year. Said compensation shall be paid monthly from the funds of such

"GA1979.1.530">

counties. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies, and all other emoluments and perquisites of whatever kind which shall be allowed coroners of such counties. All such fees, costs, allowances, monies, and all other emoluments and perquisites of whatever kind shall become the property of such counties and shall be paid to the fiscal officer of such counties, at least once a month.' 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 April 11, 1979. COWETA JUDICIAL CIRCUITCOMPENSATION OF OFFICIAL COURT REPORTER. No. 300 (House Bill No. 820). AN ACT To repeal an Act entitled An Act to provide a salary for the Official Court Reporter of the Coweta Judicial Circuit; to provide for the collection and disposition of fees for reporting services rendered by such Reporter; to provide for a deposit on such fees in the discretion of the Judges of the Courts of said circuit; to provide for the levy and collection of a tax by the authorities of the various counties comprising said circuit to pay the salary of said Official Court Reporter; and for other purposes., approved February 12, 1945 (Ga. Laws 1945, p. 618), as amended by an Act approved February 7, 1952 (Ga. Laws 1952, p. 44) and an Act approved February 15, 1957 (Ga. Laws 1957, p. 2162); to provide for clarification; to repeal conflicting laws; and for other purposes.

"GA1979.1.531">

Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide a salary for the Official Court Reporter of the Coweta Judicial Circuit; to provide for the collection and disposition of fees for reporting services rendered by such Reporter; to provide for a deposit on such fees in the discretion of the Judges of the Courts of said circuit; to provide for the levy and collection of a tax by the authorities of the various counties comprising said circuit to pay the salary of said Official Court Reporter; and for other purposes., approved February 12, 1945 (Ga. Laws 1945, p. 618), as amended by an Act approved February 7, 1952 (Ga. Laws 1952, p. 44) and an Act approved February 15, 1957 (Ga. Laws 1957, p. 2162), is hereby repealed in its entirety. Section 2. The official court reporter shall be compensated as provided by general law. 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 1979 session of the General Assembly of Georgia a bill to repeal an Act providing for a salary of the official court reporter of the Coweta Judicial Circuit as amended; to provide for the compensation of said court reporter; and for other purposes. This 11th day of January, 1979. /s/ Lamar Knight Chief Judge of the Superior Court, Coweta Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr. who, on oath, deposes and says that he is Representative from the 70th District, and

"GA1979.1.532">

that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: January 19, 26, 1979 and February 2, 1979. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 16th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Georgia, Heard County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia, B. T. McCutchen, who on oath deposes and says that he is editor and publisher of the News and Banner, a newspaper published in the City of Franklin of general circulation and being the legal organ for the County circulation and being the legal organ for the County of Heard County, and that the following: Notice. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to repeal an Act providing for a salary of the official court reporter of the Coweta Judicial Circuit, as amended; to provide for the compensation of said court reporter; and for other purposes, has been published in said News and Banner, once a week for three weeks, to wit, in the regular issues of January 17th, 1979; January 24, 1979; and January 31st, 1979. /s/ B. T. McCutchen Publisher

"GA1979.1.533">

Sworn to and subscribed before me, this 31st day of January, 1979. /s/ Doris B. Owensby Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to repeal an Act providing for a salary of the official court reporter of the Coweta Judicial Circuit, as amended; to provide for the compensation of said court reporter; and for other purposes. This 11th day of January, 1979. /s/ Lamar Knight, Chief Judge of the Superior Court, Coweta Judicial Circuit Georgia, Carroll County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia, Stanley Parkman, who on oath deposes and says that he is editor and publisher of the Carroll County Georgian, a newspaper published in the City of Carrollton of general circulation and being the legal organ for the County of Carroll, Georgia, and that the following: Notice. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to repeal an Act providing for a salary of the official court reporter of the Coweta Judicial Circuit, as amended; to provide for the compensation of said court reporter; and for other purposes, has been published in said

"GA1979.1.534">

Carroll County Georgian, once a week for three weeks, to wit, in the regular issues of January 18, 1979; January 25, 1979; and February 1, 1979. /s/ Stanley Parkman Sworn to and subscribed before me, this 1st day of February, 1979. /s/ Carolyn Sullivan Notary Public. (Seal). Georgia, Coweta County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia, E. W. Thomasson, who on oath deposes and says that he is editor and publisher of the Newnan Times Herald, a newspaper published in the City of Newnan of general circulation and being the legal organ for the County of Coweta, Georgia and that the following: Notice. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to repeal an Act providing for a salary of the official court reporter of the Coweta Judicial Circuit, as amended; to provide for the compensation of said court reporter; and for other purposes, has been published in said Newnan Times Herald, once a week for three weeks, to wit, in the regular issues of January 18, 1979; January 25, 1979; and February 1, 1979. /s/ E. W. Thomasson Sworn to and subscribed before me, this 1st day of February, 1979. /s/ Ella Parks MacNabb Notary Public. (Seal).

"GA1979.1.535">

Georgia, Meriwether County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia, Robert E. Tribble, who on oath deposes and says that he is editor and publisher of the Meriwether Vindicator, a newspaper published in the City of Manchester of general circulation and being the legal organ for the County of Meriwether, Georgia, and that the following: Notice. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia a bill to repeal an Act providing for a salary of the official court reporter of the Coweta Judicial Circuit, as amended; to provide for the compensation of said court reporter; and for other purposes, has been published in said Meriwether Vindicator, once a week for three weeks, to wit, in the regular issues of January 19, 1979; January 26, 1979; and February 2, 1979 and February 9, 1979. /s/ Robert E. Tribble Sworn to and subscribed before me, this 9th day of February, 1979. /s/ Mike Hale Notary Public. (Seal). Approved April 11, 1979.

"GA1979.1.536">

SALES BY EMPLOYEES TO CERTAIN MUNICIPALITIES (3,760-3,850). Code Section 26-2306 Amended. No. 319 (House Bill No. 852). AN ACT To amend Code Section 26-2306, relating to officer or employee selling to government or political subdivision, so as to change the amount of sales permitted municipal employees in municipalities having a certain population; 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 26-2306, relating to officer or employee selling to government or political subdivision, is hereby amended by adding the following at the end of subsection (b) thereof: Provided, that the provisions of this subsection shall not apply to any sales of less than $1,000 per calendar quarter made by an employee of a municipality having a population of not less than 3,760 and not more than 3,850, according to the United States Decennial Census of 1970 or any future such census, either for himself or in behalf of any business entity. 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, 1979.

"GA1979.1.537">

VACANCIES IN OFFICE OF PROBATE JUDGE IN CERTAIN COUNTIES (180,000-190,000). Code Section 24-2707 Amended. No. 356 (House Bill No. 910). AN ACT To amend Code Section 24-2707, relating to filling vacancies in the office of judge of the probate court, as amended, so as to provide for filling vacancies in the office of the judge of the probate court of any county of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census; to provide for 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 24-2707, relating to filling vacancies in the office of judge of the probate court, as amended, is hereby amended by adding at the end thereof a new paragraph to read as follows: The provisions of this Section or any other law to the contrary notwithstanding in the event the office of the judge of the probate court becomes vacant in any county of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, such vacancy shall be filled by majority vote of the superior court judges of the judicial circuit wherein a county having the aforesaid population lies. The person so appointed to fill such vacancy shall serve until the next succeeding general election at

"GA1979.1.538">

which election a successor shall be elected to serve for the remainder of the unexpired term or for a full term, as the case may be. A person appointed to fill a vacancy in the office of judge of the probate court of any such county as provided herein shall receive the same compensation that the judge of the probate court was receiving at the time said office became vacant. 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, 1979. TAX RETURNS, ETC., IN CERTAIN COUNTIES (63,000-72,000). Code Title 91A Amended. No. 373 (House Bill No. 935). AN ACT To amend Code Title 91A, known as the Georgia Public Revenue Code, so as to change the provisions, in certain counties, relating to the time for making returns for ad valorem taxes, the time for applying for homestead exemptions, the time from which unpaid ad valorem taxes begin bearing interest, the time by which the tax receiver or tax commissioner in those counties shall present returns to the county boards of tax assessors, the time by which the county boards of tax assessors shall complete their revision and assessment of the returns of ad valorem taxpayers, the time for obtaining mobile home location permits, returning mobile homes for ad valorem taxation, and paying ad valorem taxes on mobile homes; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

"GA1979.1.539">

Be it enacted by the General Assembly of Georgia: Section 1. Code Title 91A, known as the Georgia Public Revenue Code, is hereby amended by adding a new subsection at the end of Code Section 91A-1013, relating to the time for making tax returns, to be designated subsection (h) and to read as follows: (h) In all counties having a population of not less than 63,000 and not more than 72,000, according to the 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 March 1 of each year. Section 2. That Code Title is further amended by adding a new sentence at the end of subsection (a) of Code Section 91A-1111, relating to the time for applying for a homestead exemption, to read as follows: In all counties having a population of not less than 63,000 and not more than 72,000, according to the census, the written application and schedule required above shall be filed on or before March 1 of the year in which exemption from taxation is sought. Section 3. That Code Title is further amended by adding a new subsection at the end of Code Section 91A-1349, relating to the time from which unpaid ad valorem taxes begin bearing interest, to be designated subsection (d) and to read as follows: (d) Any provision of law (except Code Section 91A-2203) to the contrary notwithstanding, in each county having a population of not less than 63,000 and not more than 72,000, according to the census, all ad valorem taxes due the county and the State remaining unpaid on October 20 of each year shall bear interest at the highest legal rate provided by law from that date. The local tax officials on October 20th 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). Section 4. That Code Title is further amended by adding a new sentence at the end of Code Section 91A-1431, relating to the time

"GA1979.1.540">

when the tax receiver or tax commissioner shall present tax returns to the county board of tax assessors, to read as follows: In all counties having a population of not less than 63,000 and not more than 72,000, according to the census, the tax receiver or tax commissioner of each such county shall present the tax returns of the county for the current year to the county board of tax assessors not later than March 11th of that year. Section 5. That Code Title is further amended by striking Section 91A-1444, relating to the time for revision and assessment of returns of taxpayers by the county board of tax assessors and the sending of the digest to the commissioner, in its entirety and inserting in lieu thereof the following: 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 1st of each year, except that in all counties having a population of not less than 63,000 and not more than 72,000, according to the census, the county board of tax assessors shall complete its revision and assessment of the returns of taxpayers by April 15th 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. Section 6. That Code Title is further amended by adding a new sentence at the end of Code Section 91A-1924, relating to the issuance of mobile home location permits and decals, to read as follows: In all counties having a population of not less than 63,000 and not more than 72,000, according to the census, every owner of a mobile home shall obtain the permit provided for above on or before March 1. Section 7. That Code Title is further amended by adding a new sentence at the end of Code Section 91A-1925, relating to the return of mobile homes for taxation and the payment of taxes thereon, to read as follows: In all counties having a population of not less than 63,000 and not more than 72,000, according to the census, the time for the

"GA1979.1.541">

return of mobile homes for taxation and the payment of taxes thereon shall, in no case, be later than March 1. 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 January 1, 1980. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 11, 1979. COBB JUDICIAL CIRCUITDISTRICT ATTORNEY'S EMPLOYEES. No. 402 (House Bill No. 980). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1323), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4020), so as to change the compensation of certain employees of the district attorney; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1979.1.542">

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. Laws 1951, p. 184), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1323), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4020), is hereby amended by striking from Section 4 (a) thereof the following: $12,000.00, and substituting in lieu thereof the following: $15,000.00, so that when so amended Section 4 (a) shall read as follows: (a) Said district attorney is hereby authorized to appoint an investigator, Cobb Judicial Circuit, to serve at the pleasure of said district attorney and to generally perform such duties as may be assigned by said district attorney. He shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer as may be performed by a sheriff and he shall be subpoena clerk in the superior court for the purpose of summoning witnesses before the grand jury. He shall receive as compensation for the performance of such duties a sum of not less than $9,860.00 per annum and not more than $15,000.00 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. Section 2. Said Act is further amended by striking from Section 4B thereof the following: All Assistant District Attorneys shall be compensated in the sum of not less than $9,000.00 nor more than $23,500.00 per annum., and inserting in lieu thereof the following: Until April 1, 1980, all Assistant District Attorneys shall be compensated in the sum of not less than $9,630.00 nor more than

"GA1979.1.543">

$27,000.00 per annum. On and after April 1, 1980, all Assistant District Attorneys shall be compensated in the sum of not less than $10,300.00 nor more than $29,500.00 per annum., so that said Section 4B when so amended shall read as follows: Section 4B. The District Attorney is hereby authorized to appoint in addition to those Assistant District Attorneys otherwise provided by law, two full-time or part-time Assistant District Attorneys who shall serve at the pleasure of the District Attorney and who shall assist the District Attorney in the performance of his duties. All Assistant District Attorneys shall have been admitted to the practice of law in all of the courts of the State of Georgia, and be members in good standing of the State Bar of Georgia, and shall be authorized to serve in the place of the District Attorney, in his absence or disqualification. Until April 1, 1980, all Assistant District Attorneys shall be compensated in the sum of not less than $9,630.00 nor more than $27,000.00 per annum. On and after April 1, 1980, all Assistant District Attorneys shall be compensated in the sum of not less than $10,300.00 nor more than $29,500.00 per annum. The exact amount of said compensation shall be determined by the District Attorney of the Cobb Judicial Circuit. Said sum shall be payable in equal monthly installments from the general funds of said county with the exception that whenever the State of Georgia shall provide compensation to any of the Assistant District Attorneys, the amount of State compensation shall be deducted from the total salary paid from the general funds of Cobb County, Georgia. Section 3. This Act shall become effective on April 1, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1979 Session of the General Assembly of Georgia, a bill to amend an act creating the Cobb Judicial Circuit, approved February

"GA1979.1.544">

19, 1951 (Ga. L. 1951, p. 184) as heretofore amended and for other purposes. This 5th day of Jan., 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Nix who; on oath, deposes and says that he/she is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, 19, 1979. /s/ Ken Nix Representative, 20th District Sworn to and subscribed before me, this 16th day of February, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979.

"GA1979.1.545">

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1979 Session of the General Assembly of Georgia, a bill to amend an act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184) as heretofore amended and for other purposes. This 5th day of Jan., 1979. Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Nix who, on oath, deposes and says that he/she is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 5, 12, 19, 1979. /s/ Ken Nix Representative, 20th District

"GA1979.1.546">

Sworn to and subscribed before me, this 1st day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. EASEMENT TO OGLETHORPE ELECTRIC MEMBERSHIP CORPORATION. No. 5 (Senate Resolution No. 21). A RESOLUTION Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant to Oglethorpe Electric Membership Corporation, a Georgia corporation, its successors and assigns, an easement over or under certain property owned by the State of Georgia and located in Baldwin County, Georgia, for the construction, reconstruction, operation, maintenance and renewal of electric transmission lines with necessary or convenient structures, equipment and improvements already erected or to be built over or under said State-owned properties; and for other purposes. WHEREAS, Oglethorpe Electric Membership Corporation, operating under the laws of the State of Georgia pursuant to the provisions of Title 34B of the Georgia Code, desires to construct, reconstruct, operate, maintain and renew electric transmission lines with necessary or convenient structures, equipment and improvements over or under State-owned properties in the vicinity of Meeks Road in Baldwin County, Georgia; and WHEREAS, said electric transmission lines, structures, equipment and improvements require, among other things, (a) a right-of-way

"GA1979.1.547">

for the accommodation of said electric transmission lines, structures, equipment and improvements and (b) reasonable access and passage to and from said right-of-way; and WHEREAS, the State of Georgia claims title to the land in Baldwin County, Georgia, over or under which said electric transmission lines, structures, equipment and improvements have been or will be built; and WHEREAS, said property is more particularly described as follows: All that tract or parcel of land lying and being in Land Lot 268 of the 319th G.M.D. and Land Lots 246, 247, 248, 268 and 269 of the 318th G.M.D. of the 1st Land District of Baldwin County, Georgia, said tract or parcel being more particularly described as follows: BEGINNING at the point where the centerline of Meeks Road, said centerline also being the dividing line separating the 318th G.M.D. and the 319th G.M.D. of said Land District and County, intersects the Westerly right-of-way margin of State Route 212 (100 foot right-of-way), said point being the POINT OF BEGINNING of the tract herein described; thence South 41 05[UNK] 10[UNK] East along said Westerly right-of-way margin a distance of 639.11 feet; thence South 42 05[UNK] 10[UNK] East along said Westerly right-of-way margin a distance of 670.93 feet; thence South 46 21[UNK] 17[UNK] East along said Westerly right-of-way margin a distance of 584.96 feet; thence South 43 38[UNK] 43[UNK] West a distance of 32 feet; thence North 46 21[UNK] 17[UNK] West a distance of 666.08 feet; thence North 42 5[UNK] 10[UNK] West a distance of 672.37 feet; thence North 41 5[UNK] 10[UNK] West a distance of 663.19 feet; thence South 64 26[UNK] 45[UNK] West a distance of 1374.41 feet; thence South 25 33[UNK] 15[UNK] East a distance of 15.00 feet; thence South 64 26[UNK] 45[UNK] West a distance of 31.51 feet; thence North 78 56[UNK] 22[UNK] West a distance of 31.51 feet; thence North 11 03[UNK] 38[UNK] East a distance of 15.00 feet; thence North 78 56[UNK] 22[UNK] West a distance of 2414.00 feet; thence North 76 51[UNK] 26[UNK] West a distance of 121.08 feet; thence North 74 39[UNK] 01[UNK] West a distance of 230.62 feet; thence North 88 08[UNK] 13[UNK] West a distance of 135.14 feet; thence North 78 56[UNK] 22[UNK] West a distance of 119.00 feet; thence South 11 03[UNK] 38[UNK] West a distance of 15.00 feet; thence North 78 56[UNK] 22[UNK] West a distance of 29.93 feet; thence North 44 50[UNK] 48[UNK] West a distance of 29.93 feet;

"GA1979.1.548">

thence North 45 09[UNK] 12[UNK] East a distance of 15.00 feet; thence North 44 50[UNK] 48[UNK] West a distance of 6746.17 feet to the property line separating property now or formerly of Thulia L. Bramlett on the Northwest from property now or formerly of the State of Georgia on the Southeast, said line also being the Land Lot line separating Land Lot 245 on the Northwest from Land Lot 246 on the Southeast; thence North 45 21[UNK] 11[UNK] East along said property line and Land Lot line a distance of 100.00 feet to a corner being common to Land Lots 245, 246, 271 and 272; thence South 44 57[UNK] 38[UNK] East along the Land Lot line separating Land Lots 246 and 247 on the Southwest from Land Lots 270 and 271 on the Northeast a distance of 6038.20 feet to an iron pin found at the corner common to Land Lots 247, 248, 269 and 270; thence South 45 09[UNK] 12[UNK] West along the Land Lot line separating Land Lot 247 on the Northwest from Land Lot 248 on the Southeast a distance of 12.00 feet; thence South 44 50[UNK] 48[UNK] East a distance of 702.31 feet; thence South 78 56[UNK] 22[UNK] East a distance of 3005.65 feet; thence North 26 26[UNK] 45[UNK] East a distance of 1329.06 feet; thence North 41 05[UNK] 10[UNK] West a distance of 25.00 feet; thence North 64 24[UNK] 45[UNK] East a distance of 15.00 feet to a point on the Southwesterly right-of-way margin of State Route 212 (100 foot right-of-way); thence South 41 05[UNK] 10[UNK] East along said Westerly right-of-way margin a distance of 144.36 feet to the POINT OF BEGINNING. Said tract contains 28.07 acres.; and WHEREAS, the State Properties Commission, the Georgia Department of Human Resources and the Georgia Forestry Commission have heretofore executed to Oglethorpe Electric Membership Corporation Revocable Licenses for the purpose of allowing said corporation to construct, reconstruct, operate, maintain and renew said electric transmission lines, structures, equipment and improvements. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that for and in consideration of the premises and the sum of fifteen thousand seven hundred and fifty and 00/100 dollars ($15,750.00) in hand paid to the State of Georgia, before the passage of this Resolution, and subject to the approval of the State Properties Commission, the State Properties Commission, for and on behalf of the State of Georgia, is hereby

"GA1979.1.549">

authorized to grant to Oglethorpe Electric Membership Corporation, its successors and assigns, an easement over or under the above described property owned by the State of Georgia and located in Baldwin County, Georgia, for the construction, reconstruction, operation, maintenance and renewal of electric transmission lines with necessary or convenient structures, equipment and improvements. Approved April 11, 1979. AMENDMENT OF LEASE WITH TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED, AUTHORIZED. No. 6 (Senate Resolution No. 118). A RESOLUTION APPROVING AND AUTHORIZING the division of the remainder of the real property demised under that certain Lease dated December 26, 1950, as amended, between the Western and Atlantic Railroad Commission, as lessor, and Peachtree-Whitehall, Inc., as lessee (1950 Lease); approving and authorizing the execution by and between the State of Georgia (State), acting by and through the State Properties Commission, as lessor, and the Trustees Under the Will of Ben J. Massell, Deceased (successors to the assignees of Peachtree-Whitehall, Inc.) (Lessee), as lessee of the amendment to the 1950 Lease set forth in that certain Amended and Restated Lease (Amended Tract 3 Lease) attached as Exhibit A hereto and by this reference incorporated herein; approving and authorizing the execution by and between the State, acting by and through the State Properties Commission, as lessor, and the said Lessee, as lessee, of the further amendment to the said 1950 Lease set forth in that certain Amended and Restated Lease (Amended Tract 4 Lease) attached as Exhibit B hereto and by this reference incorporated herein; to provide an effective date; and for other purposes.

"GA1979.1.550">

WHEREAS, under and by virtue of that certain Lease dated December 26, 1950, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State and by virtue of and pursuant to the authority granted by Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on February 17, 1950 (Ga. Laws 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corporation, as lessee, recorded in Deed Book 2599, pages 508-512, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, said Lease, as subsequently amended from time to time as more particularly hereinafter set forth, being herein referred to as the 1950 Lease, lessor did lease and demise unto Peachtree-Whitehall, Inc., certain real property (consisting of air rights only) located in Fulton County, Georgia (and being designated in the said 1950 Lease as Tracts 3, 4 and 5, respectively); and WHEREAS, the said 1950 Lease was confirmed by Resolution No. 11 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on February 19, 1951 (Ga. Laws 1951, pp. 824-826); and WHEREAS, the said 1950 Lease was subsequently amended, by its own terms, pursuant to the authority of Act No. 469 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on February 21, 1951 (Ga. Laws 1951, pp. 748-749), and by an agreement between the parties to the said 1950 Lease dated December 21, 1954, recorded in Deed Book 4420, pages 579-583, aforesaid records; and WHEREAS, the said 1950 Lease was assigned by Peachtree-Whitehall, Inc., to Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees (Marital Deduction Trust) under the Will of Ben J. Massell, deceased (said individuals, in their capacities as Trustees of the Marital Deduction Trust under the Will of Ben J. Massell, deceased, being hereinafter sometimes collectively referred to as the Massell Trustees), by a Transfer of Lease dated May 31, 1968, and recorded in Deed Book 5022, page 185, aforesaid records; and WHEREAS, under and by virtue of that certain unrecorded Sublease dated August 15, 1969, entered into by and between the Massell

"GA1979.1.551">

Trustees, as sublessor, and Downtown Development Corp., a Georgia corporation (hereinafter sometimes referred to as Downtown), as sublessee, said Sublease, as subsequently amended from time to time, being hereinafter referred to as the 1969 Sublease, the Massell Trustees did lease and demise unto Downtown certain real property (consisting of air rights only) located in Fulton County, Georgia (said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease); and WHEREAS, the said 1950 Lease was further amended by an unrecorded agreement dated November 23, 1970, entered into by and between the State, acting through the State Properties Control Commission, a successor in law to the Western and Atlantic Railroad Commission, by virtue of and pursuant to the authority granted by Resolution No. 126 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 20, 1970 (Ga. Laws 1970, pp. 408-415), as Party Of The First Part, and the Massell Trustees and Downtown, as Parties of The Second Part; and WHEREAS, the said 1969 Sublease was amended by an unrecorded agreement entered into by and between the Massell Trustees and Downtown, dated May 14, 1970; and WHEREAS, the Massell Trustees, as sublessor, and Downtown, as sublessee, did enter into a restated Sublease dated May 31, 1971, hereinafter referred to as the 1971 Sublease, a short form of which is recorded in Deed Book 5477, pages 118-120, aforesaid records, which 1971 Sublease provides that it contains the entire agreement of the parties thereto and supersedes the said 1969 Sublease; and under the terms of which 1971 Sublease the Massell Trustees did lease and demise unto Downtown certain real property located in Fulton County, Georgia (said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease and being the same property as was demised under the said 1969 Sublease); and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, pages 67-68, aforesaid records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to

"GA1979.1.552">

Atlanta Air-Rights Co., a joint venture comprised of Downtown, FM Air Rights Company, a Delaware corporation, and City Center, Inc., a Georgia corporation (hereinafter referred to as Atlanta Air-Rights Co.); and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, recorded in Deed Book 5946, pages 321-323, aforesaid records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia Limited Partnership (hereinbelow referred to as CAPCO); and WHEREAS, the said 1950 Lease was further amended by that certain Amendment To Lease dated April 25, 1974, entered into by and between the State, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution No. 119 passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, pp. 1247-1407), as Party of the First Part, and the Lessee, as Parties of the Second Part, recorded in Deed Book 6054, pages 1-9, aforesaid records, whereby a portion of the real property demised by the Western and Atlantic Railroad Commission to Peachtree-Whitehall, Inc., under the said 1950 Lease (and therein designated as Tract 5), being a portion of the property demised by the Massell Trustees to Downtown under the said 1971 Sublease (said property being hereinafter sometimes referred to as the Severed Peachtree-Whitehall Property), was severed from the said 1950 Lease; and WHEREAS, the said 1950 Lease was further amended by that certain Amendment to Lease dated April 25, 1974, entered into by and between the State, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution No. 119 passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, pp. 1247-1407), as Party of the First Part, and the Lessee, as Parties of the Second Part, recorded in Deed Book 6054, pages 10-17, aforesaid records, whereby certain terms and provisions of the 1950 Lease, affecting the remainder of the property subject to the 1950 Lease after the severance of the Severed Peachtree-Whitehall Property

"GA1979.1.553">

(being the property designated as Tracts 3 and 4 in the 1950 Lease) were modified and amended; and WHEREAS, the 1971 Sublease was amended by that certain unrecorded Amendment to Sublease dated April 25, 1974, entered into by and between the Lessee, as sublessor and successor to the Massell Trustees, and CAPCO, as sublessee, whereby the Severed Peachtree-Whitehall Property was severed from the 1971 Sublease; and WHEREAS, the 1971 Sublease was further amended by that certain Amendment to Sublease dated April 25, 1974, entered into by and between the Lessee, as sublessor, and CAPCO, as sublessee, a short form of which is recorded in Deed Book 6207, pages 283-297, aforesaid records, whereby the Lessee and CAPCO modified and amended certain terms and provisions of the 1971 Sublease affecting the remainder of the property subject to the 1971 Sublease after the severance of the Severed Peachtree-Whitehall Property (being the property designated Tract 4 in the 1950 Lease); and WHEREAS, the rights of the Lessee with respect to the Severed Peachtree-Whitehall Property were assigned by the Lessee to Downtown under and by virtue of that certain Transfer and Assignment of Interest in Lease dated April 25, 1974, recorded in Deed Book 6054, pages 18-21, aforesaid records, as consented to and approved by Resolution No. 119 passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, pp. 1247-1407); and WHEREAS, the said 1950 Lease was further amended by that certain Lease Amendment dated February 24, 1977, entered into by and between the State, acting through the State Properties Commission and by virtue of and pursuant to the authority granted by Resolution No. 62 passed by the 1975 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on April 25, 1975 (Ga. Laws 1975, pp. 1558-1563), and the Lessee, recorded in Deed Book 6653, pages 244-252, aforesaid records, whereby a portion of the real property designated as Tract 3 in the said 1950 Lease and demised by the Western and Atlantic Railroad Commission to Peachtree-Whitehall, Inc. under the said 1950 Lease was deleted from the said 1950 Lease; and

"GA1979.1.554">

WHEREAS, the Lessee and CAPCO propose that the 1950 Lease be further amended so as to divide the remainder of the real property demised by the Western and Atlantic Railroad Commission to Peachtree-Whitehall, Inc. under the said 1950 Lease, and to amend and restate in their entirety the terms and provisions under and by virtue of which all of said property is leased and demised by the State to the Lessee; and WHEREAS, the State Properties Commission has considered the aforesaid proposals and determined that the said 1950 Lease should be amended in order to facilitate development of the property and arrangement of the financing necessary to permit such development and recommended to the Georgia General Assembly the amendment of the said 1950 Lease as set forth in those certain Amended and Restated Leases attached as Exhibit A and Exhibit B hereto; and WHEREAS, the Lessee has agreed to the forms of the amendments to the 1950 Lease as set forth in Exhibit A and Exhibit B hereto; and WHEREAS, CAPCO has approved the amendment of the 1950 Lease pursuant to the form of amendments set forth in Exhibit A and Exhibit B hereof; and WHEREAS, the State will benefit and the value of the property of the State will increase by facilitating development of the property through the recommended amendments to the 1950 Lease, inasmuch as all improvements placed on the property and erected on the property by the Lessee, or those parties claiming through and under said Lessee, will become the property of the State at the expiration of the term of the 1950 Lease or sooner as provided in the form of the amendments set forth in Exhibit A and Exhibit B hereto; and WHEREAS, the General Assembly has considered the aforesaid proposals and recommendation and has determined that the 1950 Lease be amended in the manner and to the extent set forth in Exhibit A and Exhibit B hereto. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

"GA1979.1.555">

Section 1. That the State of Georgia is the owner of the property demised under and described in the said 1950 Lease and that in all matters relating to the proposed amendments thereof, the State of Georgia is acting by and through the State Properties Commission. Section 2. That the said 1950 Lease be amended in the manner and to the extent set forth in those certain Amended and Restated Leases, the forms of which are attached hereto as Exhibit A and Exhibit B, respectively, to this Resolution and are by reference incorporated herein, and that except as amended by said Amended and Restated Leases, the said 1950 Lease is and shall continue in full force and effect according to the terms and provisions thereof. Section 3. That the Chairman of the State Properties Commission, being the Governor of the State of Georgia, be and is hereby authorized and empowered to execute the said Amended and Restated Leases and the Secretary of the State Properties Commission, being the Secretary of State of the State of Georgia, is hereby authorized and empowered to attest the signature of the Governor and to affix the Great Seal of the State of Georgia and the Seal of the State Properties Commission thereto. Section 4. That this Resolution shall become effective as law immediately upon approval by the Governor and in accordance with the provisions hereof; provided, however, before execution and attestation of said Amended and Restated Leases by the Chairman of the State Properties Commission, being the Governor of the State of Georgia, and by the Secretary of the State Properties Commission, being the Secretary of State of the State of Georgia, the State Properties Commission shall secure such other assurances and acknowledgments as deemed necessary by the State Properties Commission to effectuate this Resolution and said Amended and Restated Leases, and execution of said Amended and Restated Leases by the Governor of the State of Georgia and the Secretary of State of the State of Georgia shall be conclusive as to the securing of such assurances and acknowledgments. Approved April 11, 1979. NOTE: Exhibit A and Exhibit B referred to in Resolution Act No. 6 (Senate Resolution No. 118) are printed in their entirety preceding the Proposed Amendments to the Constitution, page 1651.

"GA1979.1.556">

LAND CONVEYANCE TO ATLANTA GAS LIGHT COMPANY AUTHORIZED. No. 7 (Senate Resolution No. 123). A RESOLUTION Authorizing the conveyance of a certain tract of State owned real property to the Atlanta Gas Light Company; and for other purposes. WHEREAS, by Warranty Deed dated May 25, 1978, the State of Georgia acquired a certain tract or parcel of land, hereinafter referred to as the premises, for the use of the Geo. L. Smith II Georgia World Congress Center, said premises being more particularly described as follows: All that tract or parcel of land lying and being in the City of Atlanta in Land Lot 83 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin marking the point of intersection of the northern right-of-way line of Thurmond Street (30-foot right-of-way) and the western right-of-way line of Elliott Street (40-foot right-of-way); running thence in a northerly direction along the western right-of-way line of Elliott Street, a distance of 195.76 feet to an iron pin marking the point of intersection of the western right-of-way line of Elliott Street and the southern right-of-way line of Mayes Street (30-foot right-of-way); running thence in a westerly direction along the southern right-of-way line of Mayes Street, said line forming an interior angle of 89 degrees 39 minutes 29 seconds with the preceding course, a distance of 348.95 feet to an iron pin; running thence in a southerly direction along a line which forms an interior angle of 90 degrees 32 minutes 23 seconds with the preceding course, a distance of 97.99 feet to an iron pin; running thence in a westerly direction along a line which forms an interior angle of 284 degrees 46 minutes 50 seconds with the preceding course, a distance of 6.82 feet to an iron pin; running thence in a

"GA1979.1.557">

southerly direction along a line which forms an interior angle of 74 degrees 41 minutes 28 seconds with the preceding course, a distance of 99.99 feet to an iron pin located on the northern right-of-way line of Thurmond Street, said point being located a distance of 245.40 feet easterly, as measured along said right-of-way line, from the point of intersection of the northern right-of-way line of Thurmond Street and the eastern right-of-way line of Mangum Street; running thence in an easterly direction along the northern right-of-way line of Thurmond Street, said line forming an interior angle of 89 degrees 55 minutes 19 seconds with the preceding course, a distance of 355.31 feet to the point of beginning; as more particularly shown and delineated on plat of survey prepared for State of Georgia, its Department of Industry and Trade and State Properties Commission, by Guy Herbert Wells, III, Georgia Registered Land Surveyor No. 2028, dated April 7, 1978; said parcel being shown as Tract I on said survey and containing 1.585 acres (69,053 square feet) according to said survey; a copy of said survey being recorded in Plat Book 112, page 81, in the Office of the Clerk of the Superior Court of Fulton County, Georgia; and WHEREAS, Atlanta Gas Light Company owns a certain tract or parcel of land bounded generally by the premises, Thurmond Street, Mangum Street and Mayes Street in the City of Atlanta, Fulton County, Georgia, located adjacent to the premises, said tract or parcel of land being hereinafter referred to as the adjacent premises; and WHEREAS, a certain fence owned by Atlanta Gas Light Company encroaches upon a portion of the premises; and WHEREAS, the State of Georgia and Atlanta Gas Light Company desire to establish such fence and the extension of such fence to the above referenced Thurmond Street as the boundary line between the premises and the adjacent premises by conveying to the Atlanta Gas Light Company that certain tract or parcel of land, hereinafter referred to as the boundary premises, more particularly described as follows: All that tract or parcel of land lying and being in the City of Atlanta in Land Lot 83 of the 14th District of Fulton County,

"GA1979.1.558">

Georgia, as shown and delineated on that certain April 7, 1978, plat of survey, with revised encroachment detail of September 15, 1978, prepared for the State of Georgia by Guy Herbert Wells, III, Georgia Registered Land Surveyor No. 2028, hereinafter referred to as said plat of survey, and being more particularly described as follows: To find the POINT OF BEGINNING, commence at a 1 inch inside diameter iron pipe at the Northwest corner of Elliott Street and Thurmond Street in the City of Atlanta, Georgia, said point being shown as point number 1 on said plat of survey; thence N 89 31[UNK] 53[UNK] W along the Northern right-of-way line of Thurmond Street for a distance of 355.51 feet to a 1 inch inside diameter iron pipe which is the POINT OF BEGINNING, shown as point number 2 on said plat of survey; thence N 00 32[UNK] 48[UNK] E for a distance of 99.99 feet to a point shown as point number 3 on said plat of survey; thence S 74 08[UNK] 41[UNK] E for a distance of 6.82 feet to a point shown as point number 4 on said plat of survey; thence N 01 04[UNK] 30[UNK] E for a distance of 97.99 feet to a 1 inch inside diameter iron pipe on the Southern right-of-way line of Mayes Street shown as point number 5 on said plat of survey; thence N 69 54[UNK] 30[UNK] E for a distance of 1.67 feet to a 5/8 inch outside diameter iron pin bent at a fence corner; thence S 01 35[UNK] 11[UNK] W along an existing cyclone fence for a distance of 196.78 feet to a point on the Northern right-of-way line of Thurmond Street; thence N 89 31[UNK] 53[UNK] W along the Northern right-of-way line of Thurmond Street for a distance of 5.48 feet to the POINT OF BEGINNING; and WHEREAS, the boundary premises are not necessary to the development of the premises for the Geo. L. Smith II Georgia World Congress Center, and constitute surplus property for the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: Section 1. That the State of Georgia is the owner of the premises and the boundary premises, and that in all matters relating to the conveyance of the boundary premises, the State of Georgia is acting by and through the State Properties Commission.

"GA1979.1.559">

Section 2. That the above described boundary premises shall be conveyed to Atlanta Gas Light Company by the State of Georgia, acting by and through the State Properties Commission, for a consideration of THREE THOUSAND AND NINE HUNDRED AND FIFTY-TWO AND 80/100 DOLLARS ($3,952.80) and upon such further terms, conditions and provisions as directed by the State Properties Commission and the State Properties Commission is hereby authorized and empowered to do all necessary acts to effect such conveyance. Section 3. That this Resolution shall become effective as law immediately upon approval by the Governor of the State of Georgia and in accordance with the provisions hereof. Approved April 11, 1979. LAND CONVEYANCE TO WHITFIELD COUNTY AUTHORIZED. No. 8 (House Resolution No. 42-124). A RESOLUTION Authorizing the conveyance of certain State-owned property located in Whitfield County, Georgia, to Whitfield County; to repeal a specific Resolution; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property within Whitfield County, Georgia, having purchased the property for the sum of $1.00 in 1954; and WHEREAS, the said real property, now administered by the Georgia Forestry Commission, comprises approximately 1.9 acres, more or less, and is more particularly described as follows: Lots No. 28, 29, 30 and a part of Lot No. 31 of the Loner Field Subdivision, according to plat of the same which is recorded in the

"GA1979.1.560">

office of the Clerk of Superior Court of Whitfield County, Georgia, in Plat Book 3, page 97, and being in Land Lot No. 183 in the 12th District and 3rd Section of Whitfield County, Georgia. The part of Lot No. 31, herein conveyed being as follows: Beginning at the southwest corner of said Lot No. 31, according to the plat aforesaid, and running thence north 37 degrees 30 minutes west 54 feet; thence south 86 degrees 30 minutes east 32 feet; thence south 42 feet to the point of beginning.; and WHEREAS, Whitfield County is desirous of obtaining all of said real property and has conveyed other property in Whitfield County to the Georgia Forestry Commission, which property is more accessible and suitable to the Commission's needs; and WHEREAS, the above described real property is no longer needed by the Georgia Forestry Commission or the State of Georgia and is therefore surplus. 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 the hereinabove described State-owned property and improvements to Whitfield County, subject to the following conditions: (1) that said tract of property shall be conveyed to the Board of Commissioners of Whitfield County for the consideration of the benefit accruing to the State and $10.00; and (2) that the conveyance of said tract of property shall be approved by the State Properties Commission. BE IT FURTHER RESOLVED that, for purposes of compliance with the provisions of Code Section 91-403A(b)(4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Georgia Forestry Commission

"GA1979.1.561">

shall constitute an acceptable plat for filing with the Secretary of State. BE IT FURTHER RESOLVED that a Resolution authorizing the conveyance of certain State-owned real property located in Whitfield County, Georgia, to Whitfield County and the acceptance of certain property owned by Whitfield County in consideration therefor, approved March 30, 1977 (Ga. Laws 1977, p. 1537), is hereby repealed in its entirety. Approved April 11, 1979. LAND CONVEYANCE TO CITY OF HELEN AUTHORIZED. No. 9 (House Resolution No. 55-193). A RESOLUTION Authorizing the conveyance of certain State-owned real property located within White County to the City of Helen; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property within White County, Georgia, which property was purchased for $30,000.00; and WHEREAS, said real property, now administered by the State Department of Natural Resources, comprises approximately 7.4 acres, more or less, and is more particularly described as follows: All that tract or parcel of land lying and being in the Town of Helen, in Land Lot No. 38 in the 3rd Land District of White County, Georgia, containing 7.4 acres, more or less, and being more particularly described as follows:

"GA1979.1.562">

BEGINNING at an iron pin at the point of curvature on the northern side of Highway No. 75 at the point where the northern side of said highway begins curving to intersect the eastern side of Reservoir Street; thence south 75 degrees east along the northern side of Highway No. 75 a distance of 308 feet to an iron pin; thence north 16 degrees 30 minutes east 263 feet to an iron pin; thence north 3 degrees east 741.4 feet, more or less, to an iron pin on the southern side of Reservoir Street; thence along the curvature of the southern, southeastern, and eastern side of Reservoir Street the following chord distances: north 68 degrees west 145 feet to an iron pin, south 74 degrees west 66 feet to an iron pin, south 36 degrees west 201.3 feet to an iron pin, south 12 degrees west 700 feet to an iron pin at the point of tangency on the eastern side of said Reservoir Street where Highway No. 75 curves to intersect said Reservoir Street; thence southerly, southeasterly and easterly along the curve at said intersection to the point of beginning on the northern side of said Highway No. 75, a distance of 101 feet as measured along a chord in the direction of south 26 degrees east. The above described property is fully shown on a plat of survey by John F. Greear, Surveyor, dated November 7, 1958, a copy of which is recorded in Plat Book 3, page 134, White County Records.; and WHEREAS, all of the above described real property is no longer needed by the Department of Natural Resources or the State of Georgia and is, therefore, surplus; and WHEREAS, the City of Helen is desirous of obtaining all of said real property for purposes beneficial to the public and compatible and complimentary to the State's facilities at Unicoi State Park. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey in fee, by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations:

"GA1979.1.563">

(1) that said real property shall be conveyed to the City of Helen for a consideration of $30,000.00; and (2) that the instrument conveying said property shall contain restrictive covenants requiring that said real property shall be used for public purposes only; and (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. Approved April 11, 1979. LAND CONVEYANCE TO CHARLES J. THURMOND AND H. W. WALLIS AUTHORIZED. No. 10 (House Resolution No. 74-290). A Resolution Authorizing the conveyance of certain State owned real property located in Hall County; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property within Hall County, Georgia; and WHEREAS, the said real property, now administered by the Department of Human Resources, comprises approximately 125 acres, more or less, and is more particularly described as follows: All that tract or parcel of land lying and being in the Gainesville Militia District, Hall County, Georgia, described as follows: BEGINNING at an iron pin on the eastern right-of-way as laid out for a new State Road known as Georgia Project #P.R. 5717, which iron pin is approximately 5,073 feet South of the West edge of the paving of U. S. Highway 129, and running thence due East 2,455.09 feet to an iron

"GA1979.1.564">

pin; thence due South 2,458.90 feet to an iron pin; thence due West 2,015.00 feet to an iron pin; thence due North 1,458.90 feet to an iron pin; thence due West 500 feet to an iron pin on the eastern right-of-way of Georgia Project #P.R. 5717 (which iron pin is North 11 degrees 50 minutes East and 988.0 feet from the center of the East end of the headwall of a culvert across said new road); thence along said right-of-way as follows: North 2 degrees 57 minutes West 213.4 feet; North 49 minutes West 104.4 feet; North 2 degrees 32 minutes East 102 feet, North 4 degrees 34 minutes East 199.6 feet, North 8 degrees 29 minutes East 164.6 feet, North 7 degrees 32 minutes East 220 feet to the point of beginning. Said tract contains 125 acres and is bounded on the North, East and South by lands of the Grantors and on the West by said right-of-way and lands of the Grantors. Said tract is more particularly described by a plat by Patton-Pless Associates, dated October 15, 1969, and recorded in Plat Book 43, page 18, in the office of the Clerk of the Superior Court, Hall County, Georgia.; and WHEREAS, the State of Georgia purchased the property from Mr. Charles J. Thurmond and Mr. H. W. Wallis in 1969 for the sum of $10.00; and WHEREAS, the property was donated for the construction of a Mental Health Hospital which was never constructed; and WHEREAS, Mr. Thurmond and Mr. Wallis are desirous of obtaining all of said real property; and WHEREAS, the above described real property is no longer needed by the Department of Human Resources or the State of Georgia and is therefore surplus. 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 the hereinabove described

"GA1979.1.565">

State owned property to Mr. Charles J. Thurmond and Mr. H. W. Wallis, subject to the following conditions: (1) that said tract of property shall be conveyed to the above named persons for the consideration of the benefit accruing to the State and $10.00; and (2) that the conveyance of said tract of property shall be approved by the State Properties Commission. BE IT FURTHER RESOLVED that, for purposes of compliance with the provisions of Code Section 91-403A(b)(4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Department of Human Resources shall constitute an acceptable plat for filing with the Secretary of State. Approved April 11, 1979. LAND CONVEYANCE TO MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH AUTHORIZED. No. 11 (House Resolution No. 76-290). A RESOLUTION Authorizing the State Properties Commission, acting for and on behalf of and in the name of the State of Georgia, to grant and convey to the Mayor and Aldermen of the City of Savannah certain State owned improved real property located within the City of Savannah, Chatham County, Georgia; and for other purposes. WHEREAS, on or about January 9, 1963, the Mayor and Aldermen of the City of Savannah, Georgia, conveyed to the State of Georgia certain unimproved real property more particularly described as follows:

"GA1979.1.566">

ALL that certain lot, tract or parcel of land situate, lying and being in Carmichael Ward, in the City of Savannah, Chatham County, Georgia, more particularly described as follows: Commencing at the Northwest corner of Canal Lot 7, East, Carmichael Ward, and running thence North 71 49[UNK] West a distance of 75 feet to a point; thence South 13 18[UNK] West a distance of 200 feet to a point; thence South 71 49[UNK] East a distance of 75 feet to a point; thence North 13 18[UNK] East a distance of 200 feet to the point of beginning; SUBJECT, HOWEVER, to a 20 foot sanitary sewer easement across the rear portion of said property; all of which will more fully appear by reference to a plat of said tract prepared by the Office of the City Engineer on January 8, 1963, and recorded in the Office of the Clerk of Chatham Superior Court in Plat Record 0, Folio 55. Together with a permanent 30 foot way of ingress and egress from the tract hereinbefore described to U. S. Highway 17A across property of the Coastal Highway District of Georgia; and WHEREAS, the State of Georgia improved the above described real property by constructing and operating thereon a Welcome Center; and WHEREAS, the State Department of Industry and Trade, the last State Department to occupy and possess the said real property, has moved from the Welcome Center facility located thereon to a new Welcome Center located on Interstate 95; and WHEREAS, the above described, now improved, real property is no longer needed by the State of Georgia and is, therefore, surplus; and WHEREAS, the Mayor and Aldermen of the City of Savannah are desirous of acquiring the above described real property and the said Welcome Center located thereon; and WHEREAS, the State of Georgia furnished a minimal part of the original cost of land and buildings with the remainder being furnished by the city. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission,

"GA1979.1.567">

acting for and on behalf of and in the name of the State of Georgia, is authorized to grant and convey by quitclaim deed all of the right, title and interest of the State of Georgia in and to the hereinabove described, now improved, real property, subject to the following stipulations: (1) that the above described, now improved, real property be granted and conveyed to the Mayor and Aldermen of the City of Savannah; and (2) that the above described, now improved, real property be granted and conveyed to the Mayor and Aldermen of the City of Savannah for a consideration of $1.00; and (3) that the grantor in such conveyance shall be the State of Georgia, acting by and through the State Properties Commission. Approved April 11, 1979. LAND CONVEYANCE TO J. L. KIDD AUTHORIZED. No. 12 (House Resolution No. 78-311). A RESOLUTION Authorizing the conveyance of certain State owned real property located in Seminole County; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property within Seminole County, Georgia; and WHEREAS, the said real property, now administered by the Georgia Forestry Commission, comprises approximately one acre, more or less, and is more particularly described as follows: All that tract or parcel of land, one acre more or less in land lot #5, District 27, Seminole County, Georgia, and more

"GA1979.1.568">

particularly described as property being conveyed to the Georgia Forestry Commission by J. L. Kidd, beginning at an iron pin at the southeast corner of J. L. Kidd land to the left and adjoining Gause Hill Road and bounded on the south by the Atlantic Coastline Railroad right-of-way a distance of 169 feet bearing 62 degrees 30 minutes west to an iron pin and fence corner, thence north 11 degrees east a distance of 257 feet along fencerow to an iron pin at fence corner, thence north 60 degrees east for a distance of 120 feet to edge of road right-of-way, thence south 2 degrees west a distance of 385 feet to the original point of beginning.; and WHEREAS, the State of Georgia purchased the property from Mr. J. L. Kidd in 1959 for the sum of $1.00; and WHEREAS, the Georgia Forestry Commission has used such property since 1959 for public purposes; and WHEREAS, Mr. J. L. Kidd is desirous of obtaining all of said real property; and WHEREAS, the above described real property is no longer needed by the Georgia Forestry Commission or the State of Georgia and is therefore surplus. 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 the hereinabove described State owned property to Mr. J. L. Kidd, subject to the following conditions: (1) that said tract of property shall be conveyed to Mr. J. L. Kidd for the consideration of the benefit accruing to the State and $1.00; and (2) that the conveyance of said tract of property shall be approved by the State Properties Commission.

"GA1979.1.569">

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 11, 1979. LAND CONVEYANCE TO COOK COUNTY AUTHORIZED. No. 13 (House Resolution No. 123-510). A RESOLUTION Authorizing the conveyance of certain State owned real property located in Cook County, Georgia, to Cook county; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property within Cook County, Georgia; and WHEREAS, the said real property, now administered by the Georgia Forestry Commission, comprises approximately one acre, more or less, and is more particularly described as follows: All that tract or parcel of land lying and being in Cook County, Georgia, and consisting of.990 acres of lot of land No. 375 in the Ninth Land District of Cook County, Georgia, bounded as follows: North, south and west by lands of D. E. Jackson; and East by the west margin of the right-of-way of U. S. Highway No. 41. Said tract of land is more particularly described according to a plat thereof prepared by James E. McCarty on the 24th day of March, 1961, as follows: From the point at which an extension of the center of the pavement

"GA1979.1.570">

of the old Futch Bridge Road intersects the west margin of the right-of-way of U. S. Highway No. 41, go south 3 degrees 47 minutes east 462.8 feet along the west margin of the right-of-way of said highway, and thence, continuing along the west margin of the right-of-way of said Highway south 3 degrees east for a distance of 200 feet, for a point of beginning; from this point of beginning, continue along the west margin of said highway south 3 degrees east 208.7 feet; thence south 87 degrees west 208.7 feet; thence north 3 degrees west 208.7 feet; thence north 87 degrees east 208.7 feet to the west margin of the right-of-way of U. S. Highway No. 41 at the point of beginning.; and WHEREAS, the State of Georgia purchased the property from Cook County, Georgia, in 1961 for the sum of $10.00 and other good and valuable consideration; and WHEREAS, the Georgia Forestry Commission has used such property since 1961 for public purposes; and WHEREAS, Cook County is desirous of obtaining all of said real property; and WHEREAS, the above described real property is no longer needed by the Georgia Forestry Commission or the State of Georgia and is therefore surplus. 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 the hereinabove described State owned property to Cook County, subject to the following conditions: (1) that said tract of property shall be conveyed to the Board of Commissioners of Cook County for the consideration of the benefit accruing to the State and $1.00; and

"GA1979.1.571">

(2) that the conveyance of said tract of property shall be approved by the State Properties Commission. BE IT FURTHER RESOLVED that, for purposes of compliance with the provisions of Code Section 91-403A(b)(4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Georgia Forestry Commission shall constitute an acceptable plat for filing with the Secretary of State. Approved April 11, 1979. LAND CONVEYANCE TO W. R. TUCKER AUTHORIZED. No. 14 (House Resolution No. 151-551). A RESOLUTION Authorizing the conveyance of certain State owned real property located in Dawson County; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property within Dawson County, Georgia; and WHEREAS, the said real property, now administered by the Georgia Forestry Commission, comprises approximately 1.3 acres, more or less, and is more particularly described as follows: All that tract or parcel of land lying and being in the northwest corner of original Lot of Land Number Four Hundred Eighty-eight (488), in the Fourth (4th) District and First (1st) Section of Dawson County, Georgia, containing 1.30 acres, more or less; and bounded as follows:

"GA1979.1.572">

Beginning at an iron stake at the original northwest corner of said lot, thence running south along the original west line of said lot a distance of 106 feet to the northeast right-of-way boundary of State Highway No. 153, thence running southeastward along said highway right-of-way boundary a distance of 282 feet to an iron stake on said highway right-of-way boundary, thence running north, 55 degrees and 15 minutes east, along a straight marked line a distance of 255 feet to the center of Gold Mine Branch, thence running northwestward up the center of said Branch, with its meanders, to the north original line of said Lot No. 488; and thence running west along the north original line of said lot a distance of 103 feet to the point of beginning.; and WHEREAS, the State of Georgia purchased the property from Mr. W. R. Tucker in 1955 for the sum of $1.00 and other valuable consideration; and WHEREAS, the Georgia Forestry Commission has used such property since 1955 for public purposes; and WHEREAS, the estate of Mr. W. R. Tucker is desirous of obtaining all of said real property; and WHEREAS, the above described real property is no longer needed by the Georgia Forestry Commission or the State of Georgia and is therefore surplus. 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 the hereinabove described State owned property to the estate of Mr. W. R. Tucker, subject to the following conditions: (1) that said tract of property shall be conveyed to the estate of Mr. W. R. Tucker for the consideration of the benefit accruing to the State and $1.00; and

"GA1979.1.573">

(2) that the conveyance of said tract of property shall be approved by the State Properties Commission. BE IT FURTHER RESOLVED that, for purposes of compliance with the provisions of Code Section 91-403A(b)(4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Georgia Forestry Commission shall constitute an acceptable plat for filing with the Secretary of State. Approved April 11, 1979. LAND CONVEYANCE TO BIBB COUNTY AUTHORIZED. No. 15 (House Resolution No. 158-579). A RESOLUTION Authorizing the conveyance of certain State-owned real property located within Bibb County to Bibb County; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located within Bibb County, Georgia; and WHEREAS, said real property, now administered by the State Department of Human Resources, was conveyed to the State of Georgia by Bibb County for the consideration of $1.00 by deed entered into on the 3rd day of June 1974; and WHEREAS, said property is more particularly described as follows: All that tract or parcel of land containing 3.09 acres of land situate, lying and being in Land Lot 116 of the 7th Land District of Bibb County, Georgia, and being more particularly

"GA1979.1.574">

shown and delineated on a certain March 19, 1974, plat of survey prepared by the County Engineer's Office, Bibb County, Georgia, more particularly Robert E. Fountain, Georgia Registered Land Surveyor No. 1724, titled PROPERTY-SURVEY Prop. Acquisition State of Ga. of the Bibb County Detention Home, recorded in Plat Book 53, Folio 102, of the Records of the Clerk of the Superior Court of Bibb County.; and WHEREAS, said deed is recorded in Deed Book 1215, Folio 555 in the office of the Clerk of the Superior Court of Bibb County and a copy of the plat is recorded in Plat Book 53, Folio 102 in the office of the Clerk of the Superior Court of Bibb County; and WHEREAS, the State used such property as a regional detention home until the State moved into a newly constructed building; and WHEREAS, all of the above described real property is no longer needed by the Department of Human Resources or the State of Georgia and is therefore surplus; and WHEREAS, Bibb County is desirous of obtaining all of said real property to consolidate their holdings. 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 State-owned real property, subject to the following stipulations: (1) that said real property shall be conveyed to Bibb County for a consideration of $1.00; (2) that the conveyance of said real property shall be approved by the State Properties Commission. Approved April 11, 1979.

"GA1979.1.575">

LEASE AGREEMENT WITH MILLEDGEVILLE-BALDWIN COUNTY RECREATION COMMISSION AUTHORIZED. No. 16 (House Resolution No. 66-230). A RESOLUTION Authorizing a lease agreement between the State of Georgia and the Milledgeville-Baldwin County Recreation Commission relative to certain real property located in Baldwin County, Georgia; and for other purposes. WHEREAS, the State of Georgia is the owner of some six hundred fifty (650) acres of real property located in Baldwin County, Georgia, formerly part of the Baldwin State Forest; and WHEREAS, said property was under the custody and control of the Georgia Forestry Commission; and WHEREAS, said property was leased by the Georgia Forestry Commission to the Milledgeville-Baldwin County Recreation Commission on July 11, 1975, for fifty (50) years; and WHEREAS, said real property is all that tract or parcel of land lying and being in the County of Baldwin, State of Georgia, and being generally described as follows: All that tract or parcel of land lying, situate and being in Land Lots 219, 238, 239, 249, 250, 267 and 268 in the First Land District, 319th G. M. District of Baldwin County, Georgia, and being part of the Dairy Tracts of the Central State Hospital and being more particularly described as follows: Beginning at a point where the Southwesterly right-of-way line of Georgia State Route 212 intersects the Northerly right-of-way line of Georgia State Route 22, thence running along said Northerly right-of-way line of Georgia State Route 22 in a Southwesterly direction a distance of 3488[UNK] to a point, said point being on the Northerly right-of-way line of Ga. A. R. 22 and being the point of beginning; thence running N 22 41[UNK] W a

"GA1979.1.576">

distance of 1810.4[UNK] to a point; thence running N 37 53[UNK]E a distance of 300.0[UNK] to a point; thence running N 52 07[UNK]W a distance of 1970[UNK] to a point; thence running N 46 39[UNK] a distance of 700[UNK] to a point; thence running N 14 22[UNK] W a distance of 156[UNK] to a point; thence running N 03 27[UNK]W a distance of 270[UNK] to a point; thence running N 21 21[UNK]E a distance of 356[UNK] to a point; thence running N 27 03[UNK]E a distance of 373[UNK] to a point, said point being in the center of a county dirt road; thence running S 82 W a distance of 290[UNK] to a point; thence running in a Southwesterly direction along a fence line a distance of 4662[UNK] to a point, said point being the corner of a fence; thence running N 45 W a distance of 3118[UNK] to a point; thence running S 45 W a distance of 2380[UNK] to a point; thence running S 45 E a distance of 3150[UNK] to a point; thence running S 45 W a distance of 693[UNK] to a point; thence running S 86 30[UNK]W a distance of 1175[UNK] to a point; thence running S 33 25[UNK]E an approximate distance of 3100[UNK] to a point, said point being on the Northerly right-of-way line of Georgia S. R. 22; thence running in a Northeasterly direction along the Northerly right-of-way line of Ga. S. R. 22 an approximate distance of 1890[UNK] to a point, said point being the intersection of the Northerly right-of-way line of Ga. A. R. 22 and the Southeasterly right-of-way line of the Old Ga. A. R. 22; thence running in a Northeasterly direction along the Southeasterly right-of-way line of the Old Ga. A. R. 22 a distance of 3566[UNK] to a point, said point being on the Southeasterly right-of-way line of said Old Ga. A. R. 22; thence running in an Easterly direction along the Southerly right-of-way line of said Old Ga. A. R. 22 a distance of 2266[UNK] to a point, said point being the point of intersection of Northerly right-of-way line of Ga. A. R. 22 and the Southerly right-of-way line of said Old Ga. A. R. 22; thence running in a Northeasterly direction along the Northerly right-of-way line of Ga. A. R. 22 an approximate distance of 210[UNK] to a point, said point being on the Northerly right-of-way line of Ga. A. R. 22 and being the point of beginning. Said tract of land contains 650 acres, more or less, and is bounded as follows: on the North by Mrs. James Owen Ennis, and Milton F. Gardner and I. M. Goldstein; on the West by Paul Wilkinson Inc., Milton F. Gardner, and the State of Georgia; on the South by Ga. A. R. 22, Milledgeville-Baldwin County Industrial Development Authority, Milledgeville Coca Cola Bottling Co.; and on the East by Milledgeville-Baldwin County Recreation Dept. (lands leased from State of Georgia).

"GA1979.1.577">

and WHEREAS, the Milledgeville-Baldwin County Recreation Commission needs and desires to develop said property for public recreational purposes. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, acting for and in behalf of the State of Georgia, is hereby authorized to enter into a lease agreement pertaining to the hereinabove described tract of property under such terms and conditions including the following which are determined to be in the best interest of the State of Georgia: (1) That the lease agreement is conditioned on the cancellation of the lease between the Georgia Forestry Commission and the Milledgeville-Baldwin County Recreation Commission dated July 11, 1975. (2) That the lease agreement shall expire July 25, 2021. (3) That the consideration shall be two hundred and fifty dollars ($250.00) per year. (4) That the property shall be open at all reasonable time to the general public and to all of the citizens of this State for recreational purposes; and in the event that the park is no longer open to the public for recreational purposes, it shall revert to the State. (5) That any cutting of trees or forest area or alteration of any natural resources now located on said property shall first be approved by the Georgia Forestry Commission in writing. (6) That any money derived from the sale of natural resources severed from the property shall be used solely for the capital outlay

"GA1979.1.578">

of the recreational facilities located or to be located on the property. (7) That plats of survey of the tracts or parcels of land involved be prepared by the Milledgeville-Baldwin County Recreation Commission and submitted to the State Properties Commission prior to the consummation of the lease agreement. Approved April 11, 1979. NOTE: This legal description was compiled from information taken from plats of adjoining property by P. E. Ogletree, Ga. R.L.S. No. 902, for the Milledgeville-Baldwin County Recreation Dept. dated December 5, 1972, and December 1970, and from a plat by Calvin W. Rice, Ga. R.L.S. No. 58 for the Central State Hospital dated August 5, 1969.; MOUNTAIN JUDICIAL CIRCUITTERMS OF COURT, ETC. No. 419 (House Bill No. 1013). AN ACT To amend an Act creating the Mountain Judicial Circuit, approved February 7, 1949 (Ga. Laws 1949, p. 266), as amended, particularly by an Act approved March 7, 1957 (Ga. Laws 1957, p. 272), an Act approved March 24, 1965 (Ga. Laws 1965, p. 257), an Act approved March 28, 1967 (Ga. Laws 1967, p. 142), an Act approved March 20, 1970 (Ga. Laws 1970, p. 476), an Act approved April 10, 1971 (Ga. Laws 1971, p. 680), an Act approved April 18, 1975 (Ga. Laws 1975, p. 729), so as to change the terms of court and times for convening the grand juries for certain counties comprising said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Mountain Judicial Circuit, approved February 7, 1949 (Ga. Laws 1949, p. 266), as amended, particularly by an Act approved March 7, 1957 (Ga. Laws 1957, p. 272), an Act approved March 24, 1965 (Ga. Laws 1965, p. 257), an Act approved March 28, 1967 (Ga. Laws 1967, p. 142), an Act approved March 20, 1970 (Ga. Laws 1970, p. 476), an Act

"GA1979.1.579">

approved April 10, 1971 (Ga. Laws 1971, p. 680), an Act approved April 18, 1975 (Ga. Laws 1975, p. 729) is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2, to read as follows: Section 2. The terms of court for said counties shall be regularly held as follows: Habersham: The first Monday in January; the fourth Monday in April; and the first Monday in August. Rabun: The third Monday in February; the fourth Monday in May; and the fourth Monday in October. Stephens: The second Monday in January; the third Monday in May; and the first Monday in September. Towns: The first Monday in April; and the first Monday in November. Union: The fourth Monday in February; and the second Monday in September. That the grand juries of the counties of this circuit shall convene as follows: Habersham: The first Monday in January; and the first Monday in August. Rabun: The third Monday in February; and the fourth Monday in October. Stephens: The second Monday in January; and the first Monday in September. Towns: The first Monday in April; and the first Monday in November. Union: The fourth Monday in February; and the second Monday in September.

"GA1979.1.580">

And whenever, in the opinion of the Judge of said courts, it is expedient or necessary to have a Grand Jury, he may, in his discretion, draw, call and empanel a Grand Jury for services at any terms of court. Section 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 legislation will be introduced at the 1979 session of the Georgia General Assembly to revise the terms of Superior Court of the Mountain Judicial Circuit consisting of Habersham, Rabun, Stephens, Towns and Union counties, and for other purposes connected with the operation of the superior courts. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Toccoa Record which is the official organ of Stephens County, on the following dates: February 15, 22, 1979 and March 1, 1979. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

"GA1979.1.581">

Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1979 session of the Georgia General Assembly to revise the terms of Superior Court of the Mountain Judicial Circuit consisting of Habersham, Rabun, Stephens, Towns and Union counties, and for other purposes connected with the operation of the Superior Courts. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following dates: February 15, 22, 1979 and March 1, 1979. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

"GA1979.1.582">

Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1979 session of the Georgia General Assembly to revise the terms of Superior Court of the Mountain Judicial Circuit consisting of Habersham, Rabun, Stephens, Towns and Union counties, and for other purposes connected with the operation of the Superior Courts. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The North Georgia News which is the official organ of Union County, on the following dates: February 15, 22, 1979 and March 1, 1979. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1979 session of the Georgia General Assembly to revise the terms of Superior Court of the Mountain Judicial Circuit consisting of Habersham, Rabun, Stephens, Towns and Union counties, and for other purposes connected with the operation of the Superior Courts.

"GA1979.1.583">

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Towns County Herald which is the official organ of Towns County, on the following dates: February 16, 23, 1979 and March 2, 1979. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that Legislation will be introduced at the 1979 session of the Georgia General Assembly to revise the terms of Superior Court of the Mountain Judicial Circuit consisting of Habersham, Rabun, Stephens, Towns and Union counties, and for other purposes connected with the operation of the Superior Courts. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local

"GA1979.1.584">

Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: February 15, 22, 1979 and March 1, 1979. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 5th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. ATLANTIC JUDICIAL CIRCUITCOMPENSATION OF DISTRICT ATTORNEY, ETC. No. 424 (House Bill No. 1024). AN ACT To provide for a supplement to the compensation, expenses and allowances of the District Attorney of the Atlantic Judicial Circuit; 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:

"GA1979.1.585">

Section 1. Each county lying within the Atlantic Judicial Circuit may supplement the salary of the District Attorney of the Atlantic Judicial Circuit in an amount to be determined within the discretion of the county governing authority. Each such supplement may be received and retained by the District Attorney of the Atlantic Judicial Circuit and shall be in addition to the compensation, salary, expenses, and allowances otherwise provided by, or pursuant to, law for the district attorney. Each such supplement shall be paid in monthly installments at the time the salary of the district attorney paid from State funds is paid. 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 1979 session of the General Assembly of Georgia, a bill to provide for a supplement to the compensation, expenses and allowances of the Atlantic Judicial Circuit; and for other purposes. This 22 day of January, 1979. Ren D. Kemp Representative, 139th District A. D. Clifton Representative, 107th District Thomas B. Clifton Representative, 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath,

"GA1979.1.586">

deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Pembroke Journal which is the official organ of Bryan County, on the following dates: January 25, February 1, 8, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 6th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to provide for a supplement to the compensation, expenses and allowances of the District Attorney of the Atlantic Judicial Circuit; and for other purposes. This 22 day of January, 1979. Ren D. Kemp Representative, 139th District A. D. Clifton Representative, 107th District Thomas B. Clifton Representative, 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce

"GA1979.1.587">

Local Legislation was published in The Liberty County Herald which is the official organ of Liberty County, on the following dates: January 25, February 1, 8, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 6th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to provide for a supplement to the compensation, expenses and allowances of the District Attorney of the Atlantic Judicial Circuit; and for other purposes. This 22 day of January, 1979. Ren D. Kemp Representative, 139th District A. D. Clifton Representative, 107th District Thomas B. Clifton Representative, 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Ludowici News

"GA1979.1.588">

which is the official organ of Long County, on the following dates: January 25, February 1, 8, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 6th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to provide for a supplement to the compensation, expenses and allowances of the District Attorney of the Atlantic Judicial Circuit; and for other purposes. This 22 day of January, 1979. Ren D. Kemp Representative, 139th District A. D. Clifton Representative, 107th District Thomas B. Clifton Representative, 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Darien News which

"GA1979.1.589">

is the official organ of McIntosh County, on the following dates: January 25, February 1, 8, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 6th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to provide for a supplement to the compensation, expenses and allowances of the District Attorney of the Atlantic Judicial Circuit; and for other purposes. This 22 day of January, 1979. Ren D. Kemp Representative, 139th District A. D. Clifton Representative, 107th District Thomas B. Clifton Representative, 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Claxton Enterprise

"GA1979.1.590">

which is the official organ of Evans County, on the following dates: January 25, February 1, 8, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 6th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to provide for a supplement to the compensation, expenses and allowances of the District Attorney of the Atlantic Judicial Circuit; and for other purposes. This 22 day of January, 1979. Ren D. Kemp Representative, 139th District A. D. Clifton Representative, 107th District Thomas B. Clifton Representative, 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ren D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce

"GA1979.1.591">

Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 25, February 2, 9, 1979. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 6th day of March, 1979. /s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 11, 1979. GAME AND FISHWEAPONS USED IN TURKEY HUNTING. Code Section 45-503 Amended. No. 426 (House Bill No. 592). AN ACT To amend Code Section 45-503, relating to legal weapons for the hunting of wildlife, as amended, particularly by an Act approved March 7, 1978 (Ga. Laws 1978, p. 816), so as to restrict the weapons used to hunt turkey; 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:

"GA1979.1.592">

Section 1. Code Section 45-503, relating to legal weapons for the hunting of wildlife, as amended, particularly by an Act approved March 7, 1978 (Ga. Laws 1978, p. 816), is hereby amended by striking in its entirety subsection (g) thereof, which reads as follows: (g) There shall be no restrictions on weapons used to hunt turkey., and inserting in lieu thereof a new subsection (g), to read as follows: (g) It shall be unlawful to hunt turkey with any weapons except shotguns using number 2 shot or smaller, muzzle-loading rifles, long bows, or compound bows. Any person taking turkey in violation of this subsection shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor, except that a fine imposed for such violation shall not be less than $250.00. 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, 1979. DEFERRED COMPENSATION FOR STATE AND POLITICAL SUBDIVISION EMPLOYEES. No. 427 (Senate Bill No. 3). AN ACT To amend an Act authorizing the State or any county, municipality, or other political subdivision to defer an employee's compensation,

"GA1979.1.593">

approved March 18, 1974 (Ga. Laws 1974, p. 198), so as to repeal the provisions relating to the requirement of a favorable letter or ruling from the Internal Revenue Service prior to the effective date of the adopted deferred compensation program; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the State or any county, municipality, or other political subdivision to defer an employee's compensation, approved March 18, 1974 (Ga. Laws 1974, p. 198), is hereby amended by striking Section 3 which reads as follows: Section 3. It shall be a prior condition to the approval and utilization of any such deferred compensation program, that a favorable letter or ruling shall have been received from the Internal Revenue Service prior to the effective date of the adopted deferred compensation program., in its entirety. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

"GA1979.1.594">

GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT AMENDEDCORRELATION OF BENEFITS. No. 428 (Senate Bill No. 5). 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, so as to provide for certain correlation of benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Motor Vehicle Accident Reparations Act, approved February 28, 1974 (Ga. Laws 1974, p. 113), as amended, is hereby amended by striking Section 9 which reads as follows: Section 9. Correlation of benefits. (a) The benefits payable under this Act shall not be reduced or eliminated by any workmen's compensation benefits, medical payments benefits or any other disability benefits, wage loss benefits or hospitalization benefits that the injured person is entitled to receive. (b) Medical payment benefits and uninsured motorists benefits payable under coverages in motor vehicle insurance policies shall be excess over any benefits required by this Act., and inserting in lieu thereof a new Section 9 to read as follows: Section 9. Correlation of benefits. (a) The benefits payable under this Act shall not be reduced or eliminated by any workers' compensation benefits, medical payment benefits or any other disability benefits, wage loss benefits or hospitalization benefits that the injured person is entitled to receive, except as hereinafter provided. (b) In those instances where the benefits payable under this Act have been provided for at the expense of an employer who is also

"GA1979.1.595">

obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this Act for medical expenses incurred as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such expenses incurred under any workers' compensation law. (c) In those instances where the benefits payable under this Act have been provided for at the expense of an employer who is also obligated by statute to provide compensation for its employees under any workers' compensation law, the benefits payable without regard to fault under this Act for the loss of income or earnings incurred during disability as a result of a motor vehicle accident shall be reduced or eliminated to the extent that the insured injured person is entitled to receive compensation for such loss of income or earnings under any workers' compensation law; provided that in no event shall the aggregate amount of benefits which the insured injured person is entitled to receive as compensation for the loss of income or earnings during disability under this Act without regard to fault and under any workers' compensation law be less than (1) an amount which is equal to such person's loss of income or earnings during disability or (2) an amount which is equal to the amount such person is entitled to receive as compensation for such loss under any workers' compensation law plus the limits of such coverage under any applicable policy of motor vehicle insurance or under any program of self-insurance providing such benefits, whichever is less. (d) Medical payment benefits and uninsured motorists benefits payable under coverages in motor vehicle insurance policies shall be excess over any benefits required by this Act. Section 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 12, 1979.

"GA1979.1.596">

PROBATE JUDGES' RETIREMENT ACT AMENDED. No. 429 (Senate Bill No. 7). AN ACT To amend an Act providing for retirement benefits for the judges of the probate courts, approved March 21, 1958 (Ga. Laws 1958, p. 185), as amended, so as to change the maximum amounts on which members shall be allowed to pay dues and to change the maximum amounts used in the calculation of benefits; to change the provisions relating to maximum benefits; to change the provisions relating to the secretary-treasurer; to provide for additional increased retirement benefits; to provide for withdrawal of dues, plus interest; to provide for requirements, qualifications and practices and procedures; to provide for elections; to provide for refund of dues, plus interest for certain persons; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for retirement benefits for the judges of the probate courts, approved March 21, 1958 (Ga. Laws 1958, p. 185), as amended, is hereby amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2, to read as follows: Section 2. There is hereby created the office of secretary-treasurer of said Board and the secretary-treasurer shall be elected and appointed by the Board and shall serve at the pleasure of the Board. His compensation and duties may be fixed by the Board. Notwithstanding any other provisions of this Act to the contrary, in addition to such salary as may be provided above, said secretary-treasurer shall receive credit for a sum of $600.00 per annum for time served after the effective date of said Act approved March 21, 1958, until July 1, 1979, and credit for a sum of $750.00 per

"GA1979.1.597">

annum for time served after July 1, 1979, as dues in said retirement system for a period of a maximum of 20 years, and shall be paid retirement benefits upon retiring as such secretary-treasurer, or upon reaching the age of 60 years, whichever may occur last, based on the rate of 2 1/2% of $12,000.00 for each year served as secretary-treasurer from the date of the approval of said Act on March 21, 1958, until July 1, 1979, and 2 1/2% of $15,000.00 for each year served as secretary-treasurer from July 1, 1979, to the date of retirement up to a maximum of 20 years' service, provided a minimum of four years shall have been served as secretary-treasurer, and provided further that withdrawal of such dues by such secretary-treasurer or his estate shall be subject to the provisions of Section 11 of said Act, and said secretary-treasurer may also make the election as to retirement benefits provided for in subsection (b) of Section 10 of said Act and the exceptions provided for in Section 13 of said Act, as hereby amended. Section 2. Said Act is further amended by striking paragraphs (e), (f), (g) and (h) of Section 7, which read as follows: (e) As to Judges of the Probate Courts, file with such application a sworn statement, setting out the length of time served as Judge of the Probate Court by the applicant since December 22, 1953, and his or her net earnings by the month during such entire period, which may be arrived at by deducting any and all sums spent for the operation of his or her office if he or she be on a fee basis, but by the gross amount if he or she be on salary, provided, however, that if by either method the income of such Judge of the Probate Court for his or her service as such shall exceed twelve thousand ($12,000.00) dollars or an average of more than one thousand ($1,000.00) dollars per month, for any calendar year, said income shall be deemed to be not more than twelve thousand ($12,000.00) dollars during such year, and shall be adjusted to this figure; (f) As to Judges of the Probate Courts, remit to the Board with said application, 5% of such net monthly earnings up to a total of twelve thousand ($12,000.00) dollars income for any calendar year, or an average of one thousand ($1,000.00) dollars income per month during such calendar year, but no more, as dues for said period, together with interest at a rate of 6% per annum from the end of the month in which accrued;

"GA1979.1.598">

(g) As to Judges of the Probate Courts, file with said Board a sworn statement as to net earnings for each month subsequent to admission as a member by the 10th of the following month which net earnings shall be arrived at as is provided in subsection (e) hereof, provided that if such income of such Judge of the Probate Court for his or her services as such shall exceed twelve thousand ($12,000.00) dollars, or an average of more than one thousand ($1,000.00) dollars per month, for any calendar year, said income shall be deemed to be twelve thousand ($12,000.00) dollars per such year, and shall be adjusted to this figure at least once during such year; (h) As to Judges of the Probate Courts, tender to the Board with such monthly statements, 5% of such earnings for said month as monthly dues, but said monthly dues shall not average more than 5% of one thousand ($1,000.00) dollars per month during any given calendar year, or a total of 5% of twelve thousand ($12,000.00) dollars during any such calendar year; and, in their entirety and inserting in lieu thereof new paragraphs (e), (f), (g) and (h) of Section 7, to read as follows: (e) As to judges of the probate courts, file with such application a sworn statement, setting out the length of time served as judge of the probate court by the applicant since December 22, 1953, and his or her net earnings by the month during such entire period, which may be arrived at by deducting any and all sums spent for the operation of his or her office if he or she be on a fee basis, but by the gross amount if he or she be on salary, provided, however, that if by either method the income of such judge of the probate court for his or her service as such: (1) shall exceed $12,000.00 per annum or an average of more than $1,000.00 per month for any calendar year prior to 1979, said income shall be deemed to be not more than $12,000.00 during such year, and shall be adjusted to this figure; or (2) shall exceed $6,000.00 or an average of more than $1,000.00 per month for the six-month period beginning January 1, 1979, and ending June 30, 1979, said income shall be deemed to be not more than $6,000.00 during such six-month period and shall be adjusted to this figure; or (3) shall exceed $7,500.00 or an average of more than $1,250.00 per month for the six-month period beginning July 1, 1979, and ending December 31, 1979, said income shall be deemed to be not more than $7,500.00 during such six-month

"GA1979.1.599">

period and shall be adjusted to this figure; or (4) shall exceed $15,000.00 per annum or an average of more than $1,250.00 per month for any calendar year after 1979, said income shall be deemed to be not more than $15,000.00 during such year, and shall be adjusted to this figure; (f) As to judges of the probate courts, remit to the Board with said application, 5% of such net monthly earnings up to the total earning limits specified in paragraph (e), but no more, as dues to said Board, together with interest at a rate of 6% per annum from the end of the month in which accrued; (g) As to judges of the probate courts, file with said Board a sworn statement as to net earnings as to each month subsequent to admission as a member by the 10th of the following month which net earnings shall be arrived at as is provided in paragraph (e) hereof and subject to the limitations provided in paragraph (e), and such income shall be adjusted to the figures provided in paragraph (e) at least once during each such year; (h) As to judges of the probate courts, tender to the Board with such monthly statements, 5% of such earnings for said month as monthly dues, but said monthly dues shall not average more than 5% of the limitations provided for in paragraph (e) during any such calendar year or six-month period specified in paragraph (e); and. Section 3. Said Act is further amended by striking subsection (c) of Section 10 in its entirety and inserting in lieu thereof a new subsection (c) of Section 10 to read as follows: (c) Any provision of this Act to the contrary notwithstanding, any judge of the probate court and any secretary-treasurer of the Fund who has served for a total of 20 years as judge of the probate court or secretary-treasurer, or a combination of such service, and who has contributed all dues owed to the retirement fund as provided in this Act but who is not eligible upon retirement to receive the maximum retirement benefits provided for in this Act shall be entitled to continue to contribute dues to the retirement fund or in the case of the secretary-treasurer to continue to receive credit during such period of time as he shall continue to serve as a judge of the probate court or secretary-treasurer beyond 20 years of service. The average monthly net earnings of any such judge of the probate

"GA1979.1.600">

court or secretary-treasurer shall be added to the total monthly net earnings of such judge of the probate court or secretary-treasurer during the 20 year period of service. The sum of these two amounts shall then be divided by 240, and the result of such division shall then be used as the average monthly net earnings upon which retirement benefits shall be calculated. Benefits calculated and paid pursuant to this subsection shall not exceed $7,500.00 per annum. Section 4. Said Act is further amended by adding at the end of Section 10 a new subsection (e), to read as follows: (e) Any other provision of law to the contrary notwithstanding, an additional retirement benefit shall be paid to each person who is receiving benefits on July 1, 1979, or who becomes entitled to receive benefits on or after July 1, 1979. Such additional benefits shall be equal to 15 percent of the benefit such person would otherwise be entitled to receive as calculated pursuant to the provisions of subsections (a), (b), (c), and (d) of this Section. Section 5. Said Act is further amended by striking subsection (c) of Section 11, which reads as follows: (c) No dues may be refunded except in strict compliance with subsection (a) and (b) above of this Section., and inserting in lieu thereof new subsections (c) and (d) of Section 11, to read as follows: (c) Upon application by the estate of any member of the retirement system who dies prior to retirement, all dues paid by such deceased member, together with 5% simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund, shall be paid to the estate of the deceased judge of the probate court. (d) No dues may be refunded except in strict compliance with this Section of this Act. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

"GA1979.1.601">

COMPENSATION OF COURT BAILIFFS. Code Section 59-120 Amended. No. 430 (Senate Bill No. 22). AN ACT To amend Code Section 59-120, relating to the compensation of court bailiffs and payment of expense allowance to jurors, as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 684), so as to change the maximum compensation of bailiffs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 59-120, relating to the compensation of court bailiffs and payment of expense allowance to jurors, as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 684), is hereby amended by striking from subsection (a) thereof the following: $30, and inserting in lieu thereof the following: $35, so that when so amended subsection (a) of Code Section 59-120 shall read as follows: (a) The compensation of court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not

"GA1979.1.602">

to be less than $5 nor to exceed $35 per diem. The same compensation shall be allowed to bailiffs of the several State courts and special courts as is allowed bailiffs in the superior court of the county in which the city or special court is located. 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 12, 1979. CAMPAIGN AND FINANCIAL DISCLOSURE ACT AMENDED. No. 431 (Senate Bill No. 24). AN ACT To amend an Act known as the Campaign and Financial Disclosure Act, approved March 5, 1974 (Ga. Laws 1974, p. 155), as amended, so as to require financial disclosure reports relative to the recall of public officers holding elective offices and the influencing of voter approval or rejection of a proposed constitutional amendment or a statewide referendum; to provide for legislative intent; to change the definition of certain terms; to change the provisions relating to contributions; to change the provisions relating to records of contributions and expenditures; to change the provisions relating to the filing of disclosure reports; to change the duties of filing officers; 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:

"GA1979.1.603">

Section 1. An Act known as the Campaign and Financial Disclosure Act, approved March 5, 1974 (Ga. Laws 1974, p. 155), 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. Policy and Intent Declared. It is hereby declared to be the policy of the State of Georgia in furtherance of its responsibility to protect the integrity of the democratic process and to insure fair elections for the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller General, Commissioner of Agriculture, State School Superintendent, Commissioner of Labor and Public Service Commissioners, District Attorneys, members of the Georgia House of Representatives and Georgia Senate, all Constitutional Judicial Officers, and all county and municipal elected officials; to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices, the recall of public officials holding elective office, and the influencing of voter approval or rejection of a proposed constitutional amendment or a statewide referendum. Section 2. Said Act is further amended by striking subsections (a), (c), (d), (f) and (g) of Section 3 in their entirety and inserting in lieu thereof new subsections (a), (c), (d), (f) and (g), to read as follows: (a) `Election' means a primary election, run-off election, special election or general election for the offices provided for in Section 2. The term `election' shall also mean a recall election. (c) `Contribution' means a gift, subscription, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for the offices provided for in Section 2, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment or a statewide referendum, but the term specifically shall not include the value of personal services performed by persons who serve without compensation from any sources and on a voluntary basis. `Contribution' shall include retainer fees, fees or any other form of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably

"GA1979.1.604">

construed as a campaign contribution designed to encourage or influence the candidate or office holder to introduce legislation which enriches the person, company, corporation or other entity which made the contribution. Introduction of such enriching legislation by the candidate subsequent to his election to office shall be prima facie evidence that the fee, compensation or retainer fee was a campaign contribution under the meaning of this Act. The term `contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate. (d) `Expenditure' means a purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing the nomination for election or election of any person for the offices provided for in Section 2, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment or a statewide referendum, but the term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term `expenditure' shall also include the payment of a qualifying fee for and in behalf of any candidate, except as is provided in subsection (d) of Section 6. (f) `Campaign Committee' means the committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any office provided for in Section 2. The term `campaign committee' shall also mean any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or statewide referendum. (g) `Campaign financing disclosure written report' means a report filed with the appropriate filing officer by a candidate or the Chairman or Treasurer of a campaign committee setting forth all expenditures of $101.00 or more and all contributions of $101.00 or more, including contributions and expenditures of lesser amounts when the aggregate amount thereof by or to a person is $101.00 or more in the aggregate for the calendar year in which the report is filed. The first report required in the calendar year of the election

"GA1979.1.605">

shall contain all such expenditures made and all such contributions received by the candidate or the committee in prior years in support of the campaign in question. Section 3. Said Act is further amended by striking subsection (a) of Section 4 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) Except as provided in Section 7A, no contributions to bring about the nomination or election of a candidate for any office provided for in Section 2 shall be made except directly to a candidate or his campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate, and no contributions to bring about the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment or statewide referendum shall be made except directly to the campaign committee organized for that purpose. Every campaign committee shall have a Chairman and a Treasurer. Each candidate shall have but one campaign committee for the purpose of maintaining records as required in Section 5 and the filing of reports as required in Section 6. Before a campaign committee accepts contributions, the name and address of the Chairman and Treasurer shall be filed with the Secretary of State. The same person may serve as Chairman and Treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of Chairman or Treasurer thereof. Section 4. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5, to read as follows: Section 5. Record of Contributions and Expenditures. It shall be the duty of the Chairman or Treasurer of any campaign committee which accepts contributions or makes expenditures to keep a detailed and exact account of: (1) The amounts of all contributions made to the campaign committee. (2) The name and mailing address of every person making any contributions and the amount of such contributions.

"GA1979.1.606">

(3) All expenditures made by the candidate or the campaign committee. (4) The name and mailing address of every person to whom an expenditure is made and the amount and general purpose thereof. Section 5. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6, to read as follows: Section 6. Campaign Financing Disclosure Reports to Be Filed. The candidate or the Chairman or Treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office provided for in Section 2, except county and municipal offices and justices of the peace, and the Chairman or Treasurer of every campaign committee designed to bring about the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or statewide referendum shall file with the Secretary of State the required `Campaign Financing Disclosure Reports.' A candidate for any State office or the Chairman or Treasurer of his campaign committee shall file a copy of each of his reports with the probate judge of the county of his residence. A candidate for county office or for justice of the peace or the Chairman or Treasurer of his campaign committee shall file the required `Campaign Financing Disclosure Reports' with the probate judge in the respective county of election. A candidate for municipal office or his campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality. All reports shall list the following: (a) The amount, name and mailing address of any person making a contribution of $101.00 or more, including the purchase of tickets for events such as dinners, luncheons, rallies and similar fund-raising events.

"GA1979.1.607">

(b) The name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made and the amount and general purpose of such expenditure. (c) When a contribution consists of a loan, advance or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations and places of employment of all persons having any liability for repayment of the loan, advance or extension of credit, and if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify it. Campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall file campaign financing disclosure reports 45 days and 15 days before the primary election and 10 days after the primary election. Candidates in a general or special election campaign shall make such reports 15 days prior to the general or special election and all candidates shall make a final campaign disclosure report not later than December 31 of the year in which the election occurs. All candidates shall have a five-day grace period in filing the required reports. The mailing of said reports by United States Mail with adequate postage thereon, within the required filing time, shall be prima facie evidence of filing. A report or statement required to be filed by this Section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of all contributions, which have been received, and all expenditures, which have been made, in support of the campaign in question and which are required, or previously have been required, to be reported. (d) In the event any candidate covered by the provisions of this Act has no opposition (primary or general) and receives no contribution of $101.00 or more, said candidate shall only be required to make the initial and final report as required under the provisions of this Act.

"GA1979.1.608">

Where a candidate or campaign committee has accepted contributions or made expenditures prior to the effective date of this Act, the reports required by this Section shall include such information as the records of the candidate or his committee show, and such information as is otherwise known to the candidate or members of his committee, regarding such prior contributions and expenditures. A supplemental Campaign Financing Disclosure Report shall be filed by each person elected to an office covered by this Act, no later than December 31 of each year following the year in which the election occurs. If no contribution is received or expenditure made which is required to be reported under this Act between the date of the last Campaign Financing Report filed pursuant to this Act and December 31 of any year, a supplemental Campaign Financing Disclosure Report shall not be required by this Act. (e) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public official shall file campaign financing disclosure reports with the Secretary of State as follows: (1) A report shall be filed at the time the recall petition is submitted for verification. (2) A report shall be filed 15 days prior to the recall election. (3) A final report shall be filed prior to December 31 of the year in which the recall election is held. In the case of State officials, county officials or justices of the peace, a copy of each of the reports shall also be filed with the probate judge in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality. (f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a statewide referendum shall file a campaign financing disclosure

"GA1979.1.609">

report with the Secretary of State 15 days prior to the date of the election and shall file a final report prior to December 31 of the year in which the election is held. Section 6. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8, to read as follows: Section 8. Duties of Filing Officers. It shall be the duty of the filing officer to make the campaign financing disclosure reports available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. Such officials shall have the authority to charge a fee for copying of such reports not to exceed the actual cost thereof. The filing officer shall preserve such reports for a period of five years from the date upon which they are received. Said filing officer shall notify the State Campaign and Financial Disclosure Commission in writing of: (1) the names of all candidates and offices sought, within ten days of the close of the qualification period; (2) within ten days after the date a report is due, the names and addresses of candidates or campaign committees which have not filed required campaign disclosure reports as required by law in the election in question. The filing officer shall immediately notify the State Campaign and Financial Disclosure Commission when he shall receive any complaint against any candidate offering for any office specified in Section 2 or against any campaign committee and forward the Commission a copy of the complaint. In the event any complaint is against a county or municipal candidate, a copy of the reports filed by such candidate shall be forwarded to the Commission along with the complaint. The filing officer receiving original reports has the duty to inspect each report filed with him by candidates or by a campaign committee for conformity with the law, and to notify the candidate or campaign committee immediately if the report does not conform with the law, is unsigned, or is otherwise in technical violation of filing requirements. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

"GA1979.1.610">

STATE BOARD FOR EXAMINATION; QUALIFICATION AND REGISTRATION OF ARCHITECTSMEMBERS. Code Section 84-304 Amended. No. 432 (Senate Bill No. 26). AN ACT To amend Code Section 84-304, relating to the State Board for Examination, Qualification and Registration of Architects, as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 744), so as to provide for the appointment of an additional member to the Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-304, relating to the State Board for Examination, Qualification and Registration of Architects, as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 744), is hereby amended by striking in its entirety the first sentence of said Code Section and inserting in lieu thereof the following: There is hereby created the State Board for Examination, Qualification and Registration of Architects, which shall be composed of six appointive members., and by adding between the first and second sentences of said Code Section two new sentences to read as follows: Five of the members shall be registered practicing architects in the State of Georgia who shall be residents of the State of Georgia

"GA1979.1.611">

and the sixth member shall be a resident of the State of Georgia and shall have no connection whatsoever with the practice or profession of architecture. Provided, however, the citizen member who is not a practicing architect may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of architects in Georgia., so that when so amended, Code Section 84-304 shall read as follows: 84-304. State Board for Examination, Qualification and Registration of Architects; appointments; terms of office; vacancies. There is hereby created the State Board for Examination, Qualification and Registration of Architects, which shall be composed of six appointive members. Five of the members shall be registered practicing architects in the State of Georgia who shall be residents of the State of Georgia and the sixth member shall be a resident of the State of Georgia and shall have no connection whatsoever with the practice or profession of architecture. Provided, however, the citizen member who is not a practicing architect may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of architects in Georgia. The Governor shall appoint successors to the present members of the Board as their respective terms of office expire for a term of office of five years each, and the successor members so appointed shall possess the qualifications specified herein and shall be confirmed by the Senate. In case a successor shall not be appointed at the expiration of the term of any member, such member shall hold office until his successor has been duly appointed and qualified. Any vacancy occurring in the membership of said Board shall be filled by the Governor for the unexpired term, and such member shall be confirmed by the Senate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

"GA1979.1.612">

STATE BOARD OF PODIATRY EXAMINERSMEMBERS. Code Section 84-602 Amended. No. 433 (Senate Bill No. 29). AN ACT To amend Code Section 84-602, relating to the State Board of Podiatry Examiners, as amended, particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p. 174), so as to provide for the appointment of an additional member to the Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 84-602, relating to the State Board of Podiatry Examiners, as amended, particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p. 174), is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 84-602 to read as follows: 84-602. A board styled `State Board of Podiatry Examiners', is hereby re-created. The Board shall consist of four members appointed by the Governor to serve three-year terms of office. Three of the members of this Board appointed by the Governor shall be podiatrists. The fourth member of the Board shall be appointed by the Governor from the public at large and shall have no connection whatsoever with the practice of podiatry. The Governor shall have the power to remove from office any member of said Board for cause, but shall immediately appoint his successor for the unexpired term, or shall fill any vacancy that may occur. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

"GA1979.1.613">

GEORGIA CRIME INFORMATION CENTERMEMBERSHIP OF COUNCIL. No. 434 (Senate Bill No. 36). AN ACT To amend an Act creating the Georgia Crime Information Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 617), so as to change the membership of the Council; to abolish the advisory members of the Council; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Crime Information Center, approved April 19, 1973 (Ga. Laws 1973, p. 1301), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 617), is hereby amended by striking subsections (c), (d), (e) and (f) of Section 5 and inserting a new subsection (c) to read as follows: (c) The members of the Board of Public Safety shall serve ex officio as members of Council and shall constitute the Council., so that when so amended, Section 5 shall read as follows: Section 5. (a) There is hereby created the Georgia Crime Information Center Council. (b) The duties and responsibilities of this Council are to: (1) Advise and assist in the establishment of policies under which the GCIC is to be operated.

"GA1979.1.614">

(2) Insure that the information obtained pursuant to this Chapter shall be restricted to the items specified in this Chapter and insure that the GCIC is administered so as not to accumulate any information or distribute any information that is not specifically approved in this Chapter. (3) Insure that adequate security safeguards are incorporated so that the data available through this system is used only by properly authorized persons and agencies. (4) Establish appropriate disciplinary measures to be taken by GCIC in the instance of violations of data reporting or dissemination of laws, rules, and regulations by criminal justice agencies or members thereof covered by this Chapter. (5) Establish other policies which provide for the efficient and effective use and operation of the GCIC under the limitations imposed by the terms of this Chapter. (c) The members of the Board of Public Safety shall serve ex officio as members of Council and shall constitute 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 12, 1979.

"GA1979.1.615">

MOTOR VEHICLESSEVEN YEAR LICENSE PLATES. Code Section 68-214 Amended. No. 435 (Senate Bill No. 38). AN ACT To amend Code Section 68-214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, as amended, particularly by an Act approved April 8, 1969 (Ga. Laws 1969, p. 266), and an Act approved March 9, 1972 (Ga. Laws 1972, p. 178), so as to extend the life of five-year license plates; to change the provisions relating to the specifications for license plates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 68-214, relating to the registration and licensing of motor vehicles, license plates, and revalidation stickers, as amended, particularly by an Act approved April 8, 1969 (Ga. Laws 1969, p. 266), and an Act approved March 9, 1972 (Ga. Laws 1972, p. 178), is hereby amended by striking from subsection (b), wherever the same shall appear, the following: five, and inserting in lieu thereof the following: seven, and by adding at the end of subsection (b) the following: Metal license plates issued on or after January 1, 1976, which were originally intended for use for a period of five years, shall continue to be used until replaced by the issuance of new metal license plates beginning on January 1, 1983., so that when so amended subsection (b) of Code Section 68-214 shall read as follows:

"GA1979.1.616">

(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, serial number, and either the full name or the abbrevation of the name of the State, designate the county from which the license plate was issued, and such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the Revenue Commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the `Peach State'. The metal shall be of such strength and quality that the plate shall provide a minimum service period of seven years. Every seven years a new metal license plate shall be provided by the commissioner for issuance, except that license plates issued for vehicles in excess of 24,000 pounds shall be issued annually and no revalidation sticker shall be issued for such plates. Metal license plates issued on or after January 1, 1976, which were originally intended for use for a period of five years, shall continue to be used until replaced by the issuance of new metal license plates beginning on January 1, 1983. Section 2. Said Code Section is further amended by striking from subsection (i) of said Code Section the following: five (5) year, wherever the same shall appear and inserting in lieu thereof the following: seven-year, so that when so amended subsection (i) of Code Section 68-214 shall read as follows: (i) The State Revenue Commissioner is authorized to provide by rules and regulations appropriate procedures whereby, upon the payment of a fee of one dollar, and upon preparation and filing of an appropriate application therefor, annual and seven-year licenses and tags may be transferred from one person to another. Said licenses and tags shall be transferred only during the calendar year for which issued. A person acquiring a vehicle with an expired

"GA1979.1.617">

annual tag or expired seven-year tag shall obtain a current year annual tag or a current year renewal decal as provided for by this Chapter. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. ELECTIONSNOMINATION PETITIONS. Code Section 34-1010 (b) Amended. No. 436 (Senate Bill No. 41). AN ACT To amend Code Title 34, known as the Georgia Election Code, as amended, so as to change the requirements of nomination petitions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 34, known as the Georgia Election Code, as amended, is hereby further amended by striking subsection (b) of Code Section 34-1010 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) A nomination petition of a candidate seeking an office which is voted upon statewide shall be signed by a number of electors of not less than two and one-half percent of the total number of electors eligible to vote in the last election for the filling of the office the candidate is seeking; a nomination petition of a candidate for any other office shall be signed by a number of electors of not less than five percent of the total number of electors eligible to vote in the last election for the filling of the office the candidate is seeking.

"GA1979.1.618">

Provided, however, that in the case of a candidate seeking an office for which there has never been an election or seeking an office in the newly constituted constituency, the percentage figure shall be computed on the total number of electors in the constituency who would have been qualified to vote for such office had the election been held at the last general election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. CRIMESDAMAGING, ETC. MAILBOXES. Code Section 26-1508 Enacted. No. 437 (Senate Bill No. 45). AN ACT To amend Code Chapter 26-15, relating to criminal damage to property, as amended, so as to prohibit injuring, tearing down or destruction of mailboxes or certain other receptacles intended or used for the receipt or delivery of mail; to prohibit the breaking open of mailboxes and receptacles; to prohibit the injuring, defacing or destruction of mail; 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 26-15, relating to criminal damage to property, as amended, is hereby amended by adding at the end thereof a new Code Section 26-1508, to read as follows: 26-1508. Injuring, tearing down or destruction of mailboxes; injuring, defacing or destruction of mail. It shall be unlawful for

"GA1979.1.619">

any person to willfully or maliciously injure, tear down or destroy any mailbox or receptacle intended or used for the receipt or delivery of mail or to willfully or maliciously injure, deface or destroy any mail deposited therein. Any person violating the provisions of this Section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. PRACTICE AND PROCEDUREAPPELLATE AND OTHER POSTTRIAL PROCEDURE. Code Section 114-710 Amended. No. 438 (Senate Bill No. 59). AN ACT To amend an Act comprehensively revising appellate and other posttrial procedure, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended, so as to provide for appeals upon petition to the supreme court or court of appeals in certain specified cases; to prescribe the procedure for such appeals; to amend Code Section 114-710, relating to appeals to the superior courts, so as to change certain provisions relating to appeals to the court of appeals; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively revising appellate and other posttrial procedure, approved February 19, 1965 (Ga. Laws 1965, p. 18), as amended, is hereby amended by adding to the end of paragraph (1) of Section 1(a) the following:

"GA1979.1.620">

, except as provided in Section 1.1 of this Act, so that when so amended, paragraph (1) of Section 1(a) shall read as follows: (1) Where the judgment is finalthat is to saywhere the cause is no longer pending in the court below, except as provided in Section 1.1 of this Act;. Section 2. Said Act is further amended by deleting from paragraph (3) of Section 1(a) the following: applications for alimony, either temporary or permanent,, so that when so amended, paragraph (3) of Section 1(a) shall read as follows: (3) From all judgments involving applications for discharge in bail trover and contempt cases; from all judgments or orders directing that an accounting be had; from all judgments or orders granting or refusing application for receivers, or for interlocutory or final injunction; from all judgments or orders rendered after hearing, continuing in effect, modifying, vacating, or refusing to continue, modify or vacate a temporary restraining order; from all judgments or orders granting or refusing applications for attachment against fraudulent debtors; from all judgments or orders granting or refusing to grant mandamus or other extraordinary remedy; from all judgments or orders refusing applications for dissolution of corporations created by the superior courts; and from all judgments or orders sustaining a motion to dismiss a caveat to the probate of a will. Section 3. Said Act is further amended by inserting following Section 1 a new Section 1.1 to read as follows: Section 1.1. (a) Appeals in the following types of cases shall be as provided in this Section: (1) Appeals from decisions of the superior courts reviewing decisions of the Worker's Compensation Board, Auditors, State and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, this provision shall

"GA1979.1.621">

not apply to decisions of the Public Service Commission and probate courts, and cases involving ad valorem taxes and condemnations. (2) Appeals from judgments or orders granting or refusing a divorce or temporary or permanent alimony, awarding or refusing to change child custody, or holding or declining to hold persons in contempt of such alimony or child custody judgment or orders. (b) All appeals taken in cases specified in subsection (a) above shall be by application in the nature of a petition enumerating the errors to be urged on appeal and stating why the appellate court has jurisdiction. The application shall specify the order or judgment being appealed, and if such order or judgment is interlocutory the application shall set forth, in addition to the enumeration of errors to be urged, the need for interlocutory appellate review. (c) The applicant shall include as exhibits to the petition a copy of the order or judgment being appealed, and should include a copy of the petition or motion which led directly to the order or judgment being appealed and a copy of any responses to such petition or motion. An applicant may include copies of such other parts of the record or transcript as he deems appropriate. No certification of such copies by the clerk of the trial court shall be necessary in conjunction with the application. (d) Such application shall be filed with the clerk of the supreme court or court of appeals within thirty (30) days of the entry or order, decision or judgment complained of and a copy of such application, together with a list of those parts of the record included with the application, shall be served upon the opposing party or parties as provided by law, except that such service shall be perfected at or before the filing of the application, but when a motion for new trial, or a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict has been filed, the application shall be filed within thirty (30) days after the entry of the order granting, overruling, or otherwise finally disposing of the motion. (e) The opposing party or parties shall have ten (10) days from the date on which the application is filed in which to file a response. The response may be accompanied by copies of the record in the

"GA1979.1.622">

same manner as is allowed with the application. The response may point out that the decision of the trial court was not error, or that the enumeration of error cannot be considered on appeal for lack of a transcript of evidence or for other reasons. (f) The supreme court or court of appeals shall issue an order granting or denying such an appeal within fifteen (15) days of the date on which the response of the opposing party or parties is filed with such court or within twenty-five (25) days of the date on which the application was filed in the event that no response is filed. (g) Within ten (10) days after an order is issued granting such appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law. The procedure thereafter shall be the same as in other appeals. (h) The filing of an application for appeal shall act as a supersedeas to the extent that a notice of appeal acts as supersedeas. Section 4. Code Section 114-710, relating to appeals to the superior courts, is hereby amended by striking from the last paragraph of said Code Section the following: for fast bills of exceptions from other orders, judgments and decrees of the superior court. Section 5. The provisions of this Act shall become effective on July 1, 1979, and shall apply to all orders or judgments rendered by a trial judge on or after said date. Section 6. The provisions of this Act shall not affect the provisions of paragraph (11) of Code Section 50-127, relating to practice as to appeals in certain habeas corpus cases, and said paragraph shall remain in effect. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed except as provided in Section 6 of this Act. Approved April 12, 1979.

"GA1979.1.623">

GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 AMENDED. No. 439 (Senate Bill No. 61). AN ACT To amend an Act known as the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, so as to change the provisions relative to the pay of public officers and employees while engaged in the performance of ordered military duty; to provide for pay for emergency duty service; 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 Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, is hereby amended by striking subsection e. of Section 86 which reads as follows: e. Pay for thirty days. Every public officer or employee shall be paid his salary or other compensation as such public officer or employee for any and all periods of absence while engaged in the performance of ordered military duty, and while going to and returning from such duty, not exceeding a total of thirty days in any one calendar year and not exceeding thirty days in any one continuous period of such absence., in its entirety and inserting in lieu thereof a new subsection e. of Section 86, to read as follows: e. Pay for fifteen days; emergency pay. Every public officer or employee shall be paid his salary or other compensation as such public officer or employee for any and all periods of absence while engaged in the performance of ordered military duty, and while

"GA1979.1.624">

going to and returning from such duty, not exceeding a total of fifteen days in any one calendar year and not exceeding fifteen days in any one continuous period of such absence. In the event the Governor declares an emergency and orders any public officer or employee to State active duty as a member of the National Guard, any such officer or employee, while performing such duty, shall be paid his salary or other compensation as such public officer or employee for a period not exceeding thirty days in any one calendar year and not exceeding thirty days in any one continuous period of such State active duty service. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. ELECTIONSUNOPPOSED CANDIDATES. Code Sections 34-1102, 34-1208 Amended. No. 440 (Senate Bill No. 65). AN ACT To amend Code Title 34, relating to elections, as amended, so as to remove the provisions pertaining to the placement of the names of unopposed candidates on the ballot; 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 34, relating to elections, as amended, is hereby amended by striking from the end of said subsection (c) of Section 34-1102, relating to form of official primary ballots, the sentence which reads as follows:

"GA1979.1.625">

The names of all unopposed candidates, arranged under the title of the office each seeks, shall be placed on the ballot so as to follow the names of all other candidates who have opposition for party nomination., so that when so amended, subsection (c) of Georgia Code Section 34-1102 shall read as follows: (c) Immediately under the directions, the names of all candidates, who have qualified with the party in accordance with the provisions of this Title and party rules and who have been certified to the Judge of the Probate Court or Secretary of State as having so qualified, shall be printed on the ballots and the names of the candidates shall in all cases be arranged under the title of the office for which they are candidates, and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for. Section 2. Said Code Title is further amended by striking from the end of said subsection (h) of Section 34-1208, relating to form of ballot labels on voting machine, the sentence which reads as follows: Further, in primaries, the ballot labels, containing the names of unopposed candidates seeking nomination by a political party, shall be placed on the face of the machine in rows or columns following the ballot labels containing the names of all other candidates who have opposition for that party's nominations., so that when so amended, subsection (h) of Georgia Code Section 34-1208 shall read as follows: (h) In primaries, the ballot labels, containing the names of candidates seeking nomination by a political party, shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by Section 34-1103(c). Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1979.1.626">

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. UNIFORM COMMERCIAL CODE AMENDEDSECURITY INTEREST IN CARPETING OR PADDING. Code Section 109A-9-313 Amended. No. 441 (Senate Bill No. 67). AN ACT To amend Code Section 109A-9-313, relating to priority of security interests in fixtures, as amended by an Act approved March 24, 1978 (Ga. Laws 1978, p. 1081), so as to provide for priority of security interests in carpeting or padding; to provide for conditions thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 109A-9-313, relating to priority of security interests in fixtures, as amended by an Act approved March 24, 1978 (Ga. Laws 1978, p. 1081), is hereby amended by striking from the end of subsection 4 the period and inserting in lieu thereof the following: ; or, and by adding at the end of subsection 4 a new paragraph (e) to read as follows: (e) the security interest is a purchase money security interest in readily removable carpeting or padding for carpeting, the interest of the encumbrancer or owner arises before the goods become fixtures,

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and the security interest is perfected by fixture filing before the goods become fixtures., so that when so amended said subsection 4 shall read as follows: (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 applicances 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; or (e) the security interest is a purchase money security interest in readily removable carpeting or padding for carpeting, the interest of the encumbrancer or owner arises before the goods becomes fixtures, and the security interest is perfected by fixture filing before the goods become fixtures. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

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ADVERTISINGUSE OF TERM DOCTOR OR DR. REGULATED. No. 442 (Senate Bill No. 69). AN ACT To amend an Act regulating advertising, approved March 25, 1958 (Ga. Laws 1958, p. 411), as amended, particularly by an Act approved April 5, 1978 (Ga. Laws 1978, p. 2046), so as to clarify certain provisions relating to persons who use the term Doctor or Dr. in certain manners; to provide 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 advertising, approved March 25, 1958 (Ga. Laws 1958, p. 411), as amended, particularly by an Act approved April 5, 1978 (Ga. Laws 1978, p. 2046), is hereby amended by striking in its entirety subsection (a) of Section 1B thereof and substituting in lieu thereof a new subsection (a) to read as follows: Section 1B. (a) (1) Each individual who uses 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 shall designate: (A) The degree to which he is entitled by reason of his diploma of graduation from a school or other entity, professional or otherwise.

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(B) The degree as honorary when an honorary acknowledgement has been made. (C) `No degree' if he is not entitled to any such recognition. (2) The designation required by this subsection shall not be necessary: (A) If the term is a part of the person's legal name. (B) In the case of the use in a corporate charter of the name of a professional association or professional corporation organized in this State as provided by law. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. ELECTIONSABSENTEE BALLOTS. Code Sections 34-1407, 34-1507 Amended. No. 443 (Senate Bill No. 75). AN ACT To amend Code Title 34, known as the Georgia Election Code, as amended, so as to provide for the counting and returning of absentee ballots on a countywide basis rather than election district basis; to provide for the counting and returning of absentee ballots by election districts when any question is voted upon by any political subdivision less than the entire county; to provide for other

"GA1979.1.630">

matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 34, known as the Georgia Election Code, as amended, is hereby amended by striking subsection (b) of Code Section 34-1407 in its entirety and inserting in lieu thereof a new subsection (b) and by adding a new subsection (c), to read as follows: (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, each rejected absentee ballot, applications for such ballots, and 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 election district containing 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 the procedures prescribed by this Code for other ballots, insofar as practicable, and prepare an election return for the county showing the results of the absentee ballots cast in such county. 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 and shall count the absentee ballots for the county in the manner as prescribed above. (c) Any other provision of law to the contrary notwithstanding, if at any primary, general or special election in any county any question is to be voted on involving any political subdivision which includes less than the entire county, then all absentee ballots shall be separated by election district for counting purposes and separate returns shall be certified for each election district in which absentee ballots were cast.

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Section 2 . Said Code Title is further amended by striking Code Section 34-1507 in its entirety and inserting in lieu thereof a new Code Section 34-1507, to read as follows: 34-1507. Consolidated certified returns of primaries; returns forwarded to Secretary of State.Each superintendent shall prepare four copies of the consolidated return of the primary to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows: (1) one copy to be posted at the county courthouse for the information of the public; (2) one copy to be filed in the superintendent's office; (3) one copy to be forwarded to the Secretary of State, together with a copy of each election district return and a copy of the numbered list of voters of each election district, as well as the returns and numbered list of voters for absentee electors; and (4) one copy to be sealed and filed with the clerk of the superior court as required by Section 34-1515. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. MUNICIPAL ELECTIONSABSENTEE BALLOTS. Code Section 34A-1304 Amended. No. 444 (Senate Bill No. 76). AN ACT To amend Code Section 34A-1304, relating to application for absentee ballot pursuant to the Municipal Election Code, so as to change the circumstances under which certain persons related to an absentee elector may apply on the part of the absentee elector for a ballot; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 34A-1304, relating to application for absentee ballot pursuant to the Municipal Election Code, is hereby amended by striking from the second sentence of the first unnumbered paragraph of subsection (a) thereof the words: State or out of the country, and substituting in lieu thereof the words: municipality and the county in which the absentee elector permanently resides, so that when so amended subsection (a) of Code Section 34A-1304 shall read as follows: (a) Any absentee elector may make an application either by mail or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's district to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector, the address to which the absentee ballot shall be mailed, the identity of the primary or election in which the elector wishes to vote, the reason for requesting the absentee ballot, name and relationship of person requesting the ballot other than the elector. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness. Provided, one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending

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or delivery, to an eligible absentee elector who lives outside the county in which said election is held and is also a member of the Armed Forces of the United States, a member of the Merchant Marine of the United States or a spouse or dependent of a member of the Armed Forces or the Merchant Marine residing with or accompanying said member, an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such an election. In any event, a separate and distinct application for an absentee ballot shall be required for any special election or special primary. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. ELECTIONSABSENTEE BALLOTS. Code Section 34-1402 Amended. No. 445 (Senate Bill No. 77). AN ACT To amend Code Section 34-1402, relating to application for absentee ballot pursuant to the Georgia Election Code, so as to change the circumstances under which certain persons related to an absentee elector may apply on the part of the absentee elector for a ballot; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Section 34-1402, relating to application for absentee ballot pursuant to the Georgia Election Code, is hereby amended by striking from the second sentence of the first unnumbered paragraph of subsection (a) thereof the words: State or out of the country, and substituting in lieu thereof the word: county, so that when so amended subsection (a) of Code Section 34-1402 shall read as follows: (a) Any absentee elector may, not more than ninety days prior to the date of the primary or election in which the elector desires to vote, make an application either by mail or in person in the registrar's office to the board of registrars of the county of the elector's residence for an official ballot of the elector's district to be voted at such primary or election. In the case of an elector residing temporarily out of the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, aunt, uncle, sister, brother, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law or sister-in-law of the age of eighteen or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector, the address to which the absentee ballot should be mailed, identity of the primary or election in which the elector wishes to vote, reason for requesting the absentee ballot, name and relationship of person requesting ballot if other than the elector. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness. Provided, one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery, to an eligible absentee elector who lives outside the county in which said election is held and is also a member of the Armed Forces of the United States, a member of the Merchant

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Marine of the United States or a spouse or dependent of a member of the Armed Forces or the Merchant Marine residing with or accompanying said member, an absentee ballot for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the sending and delivery of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the Presidential Preference Primary held pursuant to Chapter 34-10A of this Code and for any special election or special primary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. STATE BOARD FOR EXAMINATION, QUALIFICATION AND REGISTRATION OF ARCHITECTSPER DIEM. Code Section 84-311 Amended. No. 446 (Senate Bill No. 79). AN ACT To amend Code Chapter 84-3, relating to architects, as amended, so as to change the provisions relating to per diem of members of the State Board for Examination, Qualification and Registration of Architects; to provide reimbursement for other expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Chapter 84-3, relating to architects, as amended, is hereby amended by striking Code Section 84-311 in its entirety and inserting in lieu thereof a new Code Section 84-311 to read as follows: 84-311. Per diem of members of Board; reimbursement for expenses.Each member of the Board shall be paid an expense allowance of $44.00 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 and shall receive reimbursement for actual transportation costs while traveling by public carrier for each day or portion thereof spent in the discharge of his official duties. The Board, or any member thereof designated by the Board, may confer with similar boards of other states or attend meetings or conferences for the purpose of obtaining information for the advancement of the profession and standards thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. PUBLIC LIBRARIESEXPENSES OF BOARD MEMBERS. No. 447 (Senate Bill No. 82). AN ACT To amend an Act providing for the establishment and maintenance of public libraries, approved March 20, 1935 (Ga. Laws 1935, p. 409), as amended by an Act approved March 31, 1937 (Ga. Laws 1937, p. 715), so as to provide for travel expenses for members of regional and county library boards; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the establishment and maintenance of public libraries, approved March 20, 1935 (Ga. Laws 1935, p. 409), as amended by an Act approved March 31, 1937 (Ga. Laws 1937, p. 715), is hereby amended by redesignating Section 4 as Section 5 and by adding a new Section 4 to read as follows: Section 4. Members of regional and county library boards may be entitled to receive reimbursement, at the same rate as State employees, for actual travel expenses incurred by them in carrying out their duties as members of such library boards. The statement for reimbursement of expenses shall be submitted for payment to the director of the library serving the respective regional or county library board. The funds necessary to carry out the provisions of this Section shall come from local funds available to the regional or county library board for such purpose. 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 12, 1979. FACADE AND CONSERVATION EASEMENTS ACT OF 1976 AMENDEDCONSERVATION EASEMENT DEFINED. No. 448 (Senate Bill No. 98). AN ACT To amend an Act known as the Facade and Conservation Easements Act of 1976, approved March 31, 1976 (Ga. Laws 1976, p.

"GA1979.1.638">

1181), so as to further define conservation easements to correctly interreference subsection (b) of Section 2 and to include the preservation of natural areas which are not the sites of buildings; 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 Facade and Conservation Easements Act of 1976, approved March 31, 1976 (Ga. Laws 1976, p. 1181), is hereby amended by striking subsection (c) of Section 2 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) `Conservation Easement' means a restriction or limitation on the use of real property expressly recited in any deed or other instrument of grant or conveyance executed by or on behalf of the owner of the land described therein whose purpose is to preserve land or water areas predominately in their natural scenic landscape or open condition or an agricultural farming, forest, or open space use. In addition, such purpose shall include the returning of land or water areas to such conditions or uses when such land is located within a historic district provided for in (b) above. 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 12, 1979.

"GA1979.1.639">

COMPENSATION AND DUTIES OF ASSISTANT DISTRICT ATTORNEYS. Code Section 24-2919 Amended. No. 449 (Senate Bill No. 102). AN ACT To amend Code Section 24-2919, relating to the staff of the district attorneys, so as to change the provisions relating to the salary of any assistant district attorney; to provide that upon the death or resignation of a district attorney, the chief assistant district attorney or if there is no chief assistant district attorney then the assistant district attorney senior in time of service shall perform the duties of the deceased or resigned district attorney in his name until his successor is appointed or elected and qualified; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 24-2919, relating to the staff of the district attorneys, is hereby amended by striking the material designated as (b) and (c) of Code Section 24-2919.1, which reads as follows: (b) An Assistant District Attorney appointed under this Section shall be compensated in an amount to be fixed by the District Attorney but not to exceed $14,500 per annum during the first two years of service of such an Assistant District Attorney. (c) Effective the last day of the second year of service by such Assistant District Attorney such compensation may be increased to an amount not to exceed $16,500 per annum. Such compensation shall thereafter be increased by $500 for each subsequent year of service completed by such Assistant District Attorney, until such time as the maximum compensation shall equal $20,000 per annum. Any increase in compensation shall be at the discretion of the District Attorney.,

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and inserting in lieu thereof the following: (b) (1) Any assistant district attorney who has served as an assistant district attorney for two years or more on July 1, 1979, shall continue to receive the annual salary he was drawing on July 1, 1979. Any such assistant district attorney shall receive the salary increases authorized in subsection (b)(5) of this Section. (2) Any assistant district attorney who has served as an assistant district attorney for more than one year but less than two years on July 1, 1979, shall receive an annual salary of $15,500.00 beginning July 1, 1979. Any such assistant district attorney shall receive an annual salary of $16,500.00 on the second anniversary of his appointment. On each anniversary following the second anniversary, any such assistant district attorney shall be entitled to salary increases as provided in subsection (b)(5) of this Section. (3) Any assistant district attorney who has served less than one year shall receive an annual salary of $15,500.00 on July 1, 1979. On the second anniversary of his appointment, any such assistant district attorney shall be eligible for salary increases as provided for in subsection (b)(5) of this Section. (4) Any assistant district attorney appointed under this Section on and after July 1, 1979, shall receive an annual salary of $15,500.00. Beginning on the first day of the month following the month of the first anniversary of his appointment, any such assistant district attorney shall receive the salary increases authorized in subsection (b)(5) of this Section. (5) Each assistant district attorney appointed under this Section shall receive an increase of 3.2 percent for each future year of service which shall become effective on the first day of the month following the month in which the anniversary of his appointment occurs. In addition to his annual salary, each assistant district attorney shall also receive the percentage cost-of-living increase payable to employees of the classified service of the State Merit System of Personnel Administration. All salary increases shall be cumulative, and such increases shall be payable beginning on the same date as employees of the classified

"GA1979.1.641">

service of the State Merit System of Personnel Administration, except as otherwise provided for in this Act. (c) Each district attorney shall fix the salary to be paid from State funds to any person which such district attorney appoints or employs as an assistant district attorney pursuant to this Section. The maximum salary to be paid from State funds shall not exceed the annual salary calculated for such assistant's years of service plus the cumulative adjustment calculated pursuant to (b) above. In no event shall any assistant district attorney receive a salary from State funds in excess of seventy-five percent of the annual State salary of the district attorney. In determining the annual salary, the cumulative adjustment and the maximum salary of any assistant district attorney pursuant to this Section, all amounts shall be rounded off to the nearest whole dollar. Section 2. Said Code Section is further amended by adding at the end thereof the following: 24-2919.7. Death or Resignation of District Attorney. Upon the death or resignation of a district attorney, the chief assistant district attorney or if there is no chief assistant district attorney then the assistant district attorney senior in time of service shall perform the duties of the deceased or resigned district attorney in his name until his successor is appointed or elected and qualified. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

"GA1979.1.642">

PRACTICE OF MEDICINEJOINT ADVISORY BOARD OF FAMILY PRACTICE. No. 450 (Senate Bill No. 107). AN ACT To amend an Act creating a Joint Advisory Board of Family Practice (now known as the Joint Board of Family Practice), approved March 31, 1976 (Ga. Laws 1976, p. 1096), as amended, so as to provide for additional members of the Board and the manner of appointment; to provide 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 (now known as the Joint Board of Family Practice), approved March 31, 1976 (Ga. Laws 1976, p. 1096), as amended, is hereby amended by striking in its entirety subsection (a) of Section 2 and inserting in lieu thereof a new subsection (a) to read as follows: (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 the 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, and one doctor of osteopathy who shall be designated by the Executive Board of the Georgia Osteopathic Medical Association shall be members of the Board. The doctor of osteopathy shall also be a family physician. All members of said Joint Board shall be licensed physicians under Code Chapter 84-9, relating to medical practitioners, as now or hereafter amended.

"GA1979.1.643">

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 April 12, 1979. BUYING SERVICES ACT OF 1975 AMENDEDDEFINITIONS, ETC. No. 451 (Senate Bill No. 112). AN ACT To amend an Act known as the Buying Services Act of 1975, providing for the licensing and regulation of buying services and clubs in this State, approved April 17, 1975 (Ga. Laws 1975, p. 529), so as to provide for the imposition of administrative penalties by the Commissioner of Agriculture for violations thereof; to require bonding of each location for buying services or clubs operating a multilocation business in Georgia; to change certain definitions; to provide 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 Buying Services Act of 1975, providing for the licensing and regulation of buying services and clubs in this State, approved April 17, 1975 (Ga. Laws 1975, p. 529), 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. Definitions. As used in this Act:

"GA1979.1.644">

(a) `Buying Service', `Buying Club', or `Club' means any corporation, partnership, unincorporated association or other business enterprise which is organized with the primary purpose of providing benefits to members from the cooperative purchase of service or merchandise and which desires to effect such purpose through direct solicitation or other business activity in this State. (b) `Member' means a status by which any natural person is entitled to any of the benefits of a buying service or buying club. (c) `Business day' means any day other than a Saturday, Sunday or legal holiday. (d) `Contract' means any contract or agreement by which a person becomes a member of a buying service or club. (e) `Commissioner' means the Commissioner of Agriculture of the State of Georgia. Section 2. Said Act is further amended by adding at the end of Section 4 thereof a new subsection (c), to read as follows: (c) A licensed buying service or club operating buying service activities at more than one physical location in this State shall furnish a surety bond for each location of buying service activity, each bond to be in the amount and subject to the conditions hereinabove stated in subsection (b). Section 3. Said Act is further amended by adding between Sections 15 and 16 thereof a new Section 15A, to read as follows: Section 15A. As an alternative to criminal or other civil enforcement, the Commissioner, in order to enforce the provisions of the Act or of any orders, rules and regulations promulgated pursuant thereto, after a hearing, may issue an administrative order imposing a penalty not to exceed $1,000 for each violation whenever the Commissioner, after a hearing, determines that any person has violated any provisions of this Act, or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under the `Georgia Administrative Procedure Act'. Any person who has exhausted all administrative remedies

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available and who is aggrieved or adversely affected by a final order or action of the Commissioner shall have the right of judicial review thereof in accordance with the `Georgia Administrative Procedure Act'. All penalties recovered as herein provided shall be paid into the State Treasury. The Commissioner may file in the superior court wherein the person under order resides, or if said person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Commissioner affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and proceedings in relation thereto shall thereafter be the same, as though said judgment has been rendered in a suit duly heard and determined by said court. The penalty prescribed in this Section shall be concurrent, alternative and cumulative with any and all other civil, criminal or alternative rights, remedies, forfeitures or penalties provided, allowed or available to the Commissioner with respect to any violation of this Act and any order, rules or regulations promulgated pursuant thereto. 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 12, 1979. MUNICIPALITIESPOWERS. No. 452 (Senate Bill No. 126). AN ACT To amend an Act granting to the incorporated municipalities of this State certain basic powers, approved February 27, 1962 (Ga.

"GA1979.1.646">

Laws 1962, p. 140), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 778), and by an Act approved February 13, 1976 (Ga. Laws 1976, p. 188), so as to change certain provisions relating to the powers of municipal governing bodies; to amend an Act known as the Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 778), an Act approved March 16, 1974 (Ga. Laws 1974, p. 195) and by an Act approved February 21, 1975 (Ga. Laws 1975, p. 28), so as to change the provisions relating to members of municipal governing authorities increasing their own salary or compensation; to define certain terms 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. An Act granting to the incorporated municipalities of this State certain basic powers, approved February 27, 1962 (Ga. Laws 1962, p. 140), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 778), and by an Act approved February 13, 1976 (Ga. Laws 1976, p. 188), is hereby amended by striking subsection (a) of Section 2 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The power to establish municipal offices, agencies and employments; to define, regulate and alter the powers, duties, qualifications, compensation and tenure of all municipal officers, agents and employees, but the members of the municipal governing body shall not have the right to fix or change their own terms or the terms of their successors, nor to alter their own salary or compensation, except pursuant to the authority of Section 5 of the Act known as the `Municipal Home Rule Act of 1965' (Ga. Laws 1965, p. 298), as amended, nor to alter such duties or responsibilities as are specifically given to a particular elective official by charter. The governing body of a municipality may also authorize any of such officers, agents and employees of the municipality to serve in any manner prescribed by applicable law, any process, summons, notice or order on all persons (as defined in Code Section 102-103) therein named where the paper to be served arises out of or relates to an activity or condition, other than a single isolated act or omission, conducted or maintained by such person within the territorial jurisdiction of the

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municipality in violation of an applicable law or ordinance covering the following: municipal housing, building, electrical, plumbing, heating, ventilating, air condition, air and water pollution control and other technical or environmental codes; municipal business, occupation and professional license tax ordinances, municipal privilege license or permit ordinances; and orginates in or is issued under the authority of the department or branch of municipal government employing such officer, agent or employee, and only when each and every day the condition is maintained or the activity is conducted is made a separate municipal offense by applicable law or ordinance. Where any such paper names one or more persons who reside outside the territorial jurisdiction of such municipality, the several sheriffs, marshals and constables of the several counties of this State are hereby authorized and directed to serve any such paper and make appropriate return of such service, as other process is by them now or hereafter served and returned, on such named persons residing in their respective jurisdictions upon receipt of written request to make such service and for the fees allowed for service of process issued by the superior courts of this State;. Section 2. The Act known as the Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), as amended, particularly by an Act approved April 13, 1973 (Ga. Laws 1973, p. 778), an Act approved March 16, 1974 (Ga. Laws 1974, p. 195), and by an Act approved February 21, 1975 (Ga. Laws 1975, p. 28), is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof a new Section 5 to read as follows: Section 5. (a) The governing authority of each incorporated municipality is hereby authorized to fix the salary, compensation and expenses of its municipal employees and members of its municipal governing authority and to provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivor's Insurance programs, hospitalization benefits, and workers' compensation benefits, for its employees, their dependents and survivors, provided that any action to increase the salary or compensation of the elective members of the municipal governing authority shall be subject to the following conditions and requirements: (1) Any such increase shall not be effective until after the taking of office of those elected at the next regular municipal

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election which is held immediately following the date on which the action to increase such compensation was taken; and (2) Such action shall not be taken during the period of time beginning with the date the candidates for election to membership on the municipal governing authority may first qualify as such candidates and ending with the date members of the municipal governing authority take office following their election; and (3) Such action shall not be taken until notice of intent to do so has been published in a newspaper of general circulation designated as the legal organ in said county and in such municipality at least once a week for three consecutive weeks immediately preceding the week during which such action is taken. (b) As used in subsection (a) of this Section, the phrase `elective members of the municipal governing authority' means, notwithstanding any terminology or designation of a municipal governing authority or governing body contained in any municipal charter, any elective municipal official who exercises any executive or legislative or executive and legislative powers of the municipality, specifically including a mayor, vice-mayor, president or chairman of a city council, member of a city council, member of a board of aldermen, or member of a board of commissioners. Such phrase shall also include any person who is appointed to fill a vacancy in any such elective office. (c) As used in subsection (a) of this Section, the words `salary or compensation', as applied to the elective members of a municipal governing authority, shall include any expense allowance or any form of payment or reimbursement of expenses, except reimbursement for expenses actually and necessarily incurred by members of a municipal governign authority in carrying out their official duties, and the governing authority of each municipality shall be authorized to provide by ordinance for the reimbursement of such actual and necessary expenses. 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 12, 1979.

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ADEQUATE PROGRAM FOR EDUCATION ACT AMENDEDALLOTMENTS OF PERSONNEL. No. 453 (Senate Bill No. 128). 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 midterm adjustment of allotments of personnel and State funds; 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 April 17, 1975 (Ga. Laws 1975, p. 539), is hereby amended by inserting in Section 42 between the figure and comma 16, and the figure 20 the figure and comma 17, and by inserting in said Section 42, immediately preceding the last sentence thereof, the following sentence: The State Board shall also make appropriate adjustments in the allotment of funds pursuant to Section 5 of this Act to reflect increased average daily membership in special education classes and in the allotment of funds pursuant to Section 7 of this Act to reflect increased average daily attendance in classes in the kindergarten program, except that such adjustments for kindergarten classes for children with special education needs shall reflect increased average daily membership in such classes.,

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so that when so amended Section 42 shall read as follows: Section 42. Midterm Adjustment of Allotments of Personnel and State Funds. The State Board shall require submission of official reports of attendance of pupils by local units of administration during the current school year. Whenever the official attendance reports of any local unit shall show an increase in average daily attendance of pupils during the current school year, the State Board of Education shall, at least semiannually during such school year, increase the State-contributed adequate program for education funds allotted to such local unit at the beginning of the current school year under Sections 10, 12, 13, 14, 15, 16, 17, 20, 21, and 24 of this Act, in proportion to the current increase in average daily attendance of pupils in the local unit and in accordance with the provisions of this Act. The State Board shall also make appropriate adjustments in the allotment of funds pursuant to Section 5 of this Act to reflect increased average daily membership in special education classes and in the allotment of funds pursuant to Section 7 of this Act to reflect increased average daily attendance in classes in the kindergarten program, except that such adjustments for kindergarten classes for children with special education needs shall reflect increased average daily membership in such classes. The State Board shall, at the beginning of each fiscal school year, set aside from the total appropriation for educational purposes an amount of money deemed sufficient to meet the needs of such midterm adjustments. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

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MOTOR CONTRACT CARRIERSDEFINITIONS, ETC. Code Section 68-502 Amended. No. 454 (Senate Bill No. 129). AN ACT To amend Code Section 68-502, relating to the definition of certain terms as they pertain to the regulation of motor contract carriers, as amended, so as to provide for exemptions from the term motor carrier; to provide for definitions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 68-502, relating to the definition of certain terms as they pertain to the regulation of motor contract carriers, as amended, is hereby amended by striking the period at the end of subparagraph (1) of subsection (c) and inserting in lieu thereof the following: ; and motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and handicapped passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when he is traveling to and from his place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000 per person and $300,000 per accident and $50,000 property damage. For the purposes of this subparagraph, elderly and handicapped passengers are defined as individuals over the age 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected., so that when so amended, subparagraph (1) of subsection (c) shall read as follows:

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(1) Motor vehicles engaged solely in transporting school children and teachers to and from public schools; cars and trucks hauling people and farm products exclusively between points not having railroad facilities, and not passing through or beyond municipalities having railroad facilities, where not more than nine passengers and/or one and one-half tons of freight are transported; and motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and handicapped passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when he is traveling to and from his place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000 per person and $300,000 per accident and $50,000 property damage. For the purposes of this subparagraph, elderly and handicapped passengers are defined as individuals over the age 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected. 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 12, 1979. INTERSTATE AGREEMENT ON DETAINERSAMENDED. No. 455 (Senate Bill No. 132). AN ACT To amend an Act making Georgia a party to the Interstate Agreement on Detainers, approved April 3, 1972 (Ga. Laws 1972,

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p. 938), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 390), so as to provide that the Director of the Department of Offender Rehabilitation shall appoint a Central Administrator of and Information Agent for the Agreement on Detainers pursuant to the provisions of Article VII of the Agreement; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act making Georgia a party to the Interstate Agreement on Detainers, approved April 3, 1972 (Ga. Laws 1972, p. 938), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 390), is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The Director of the Department of Offender Rehabilitation shall appoint a Central Administrator of and Information Agent for the Agreement on Detainers pursuant to the provisions of Article VII of the Agreement. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

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LICENSING AND BONDING OF CERTIFIED PUBLIC WEIGHERS. No. 456 (Senate Bill No. 135). AN ACT To amend an Act providing for the licensing and bonding of certified public weighers, approved February 25, 1949 (Ga. Laws 1949, p. 1179), as amended, so as to provide for the imposition of administrative penalties by the Commissioner of Agriculture for the violation thereof; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the licensing and bonding of certified public weighers, approved February 25, 1949 (Ga. Laws 1949, p. 1179), as amended, is hereby amended by adding between Sections 9 and 10 thereof a new Section 9A, to read as follows: Section 9A. As an alternative to criminal or other civil enforcement, the Commissioner, in order to enforce the provisions of this Act or of any orders, rules and regulations promulgated pursuant thereto, after a hearing, may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hearing, determines that any person has violated any provision of this Act, or any rules, regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedures for contested cases under the `Georgia Administrative Procedure Act'. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commissioner shall have the right of judicial review thereof in accordance with the `Georgia Administrative Procedure Act'. All penalties recovered as herein provided shall be paid into the State Treasury. The Commissioner may file in the superior court wherein the person under order resides, or if said person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner

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unappealed from, or of a final order of the Commissioner 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 has been rendered in a suit duly heard and determined by said court. The penalty prescribed in this Section shall be concurrent, alternative and cumulative with any and all other civil, criminal or alternative rights, remedies, forfeitures or penalties provided, allowed or available to the Commissioner with respect to any violation of this Act and any orders, rules or regulations promulgated pursuant thereto. 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 12, 1979. WEIGHTS AND MEASURESPENALTIES BY COMMISSIONER OF AGRICULTURE. Code Section 112-120 Amended. No. 457 (Senate Bill No. 136). AN ACT To amend Code Chapter 112-1, providing for the regulation of weights and measures and systems of weights and measures in this State, as amended, so as to provide for the imposition of administrative penalties by the Commissioner of Agriculture for violations thereof; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 112-1, providing for the regulation of weights and measures and systems of weights and measures in this State, as amended, is hereby amended by adding at the end thereof a new Code Section 112-120, to read as follows: 112-120. Administrative Penalties. As an alternative to criminal or other civil enforcement, the Commissioner, in order to enforce the provisions of this Chapter or of any order, rules or regulations promulgated pursuant thereto, after a hearing, may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hearing, determines that any person has violated any provision of this Chapter, or any rules, regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under the `Georgia Administrative Procedure Act'. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commissioner shall have the right of judicial review thereof in accordance with the `Georgia Administrative Procedure Act'. All penalties recovered as herein provided shall be paid into the State Treasury. The Commissioner may file in the superior court wherein the person under order resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Commissioner 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. The penalty prescribed in this Section shall be concurrent, alternative and cumulative with any and all other civil, criminal or alternative rights, remedies, forfeitures or penalties provided, allowed or available to the Commissioner with respect to any violation of this Act and any orders, rules or regulations promulgated pursuant thereto.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. SALE OF SCHOOL FACILITIES BY COUNTY BOARDS. Code Section 32-909 Amended. No. 458 (Senate Bill No. 138). AN ACT To amend Code Section 32-909, relating to the authority of county boards of education over school property and facilities, as amended, so as to authorize the sale or conveyance of a schoolhouse site which has become unnecessary or inconvenient to the county or municipality whose territorial boundaries include such site for such consideration and subject to such conditions, if any, as may be determined by the county board of education; to provide for other matters relative to the foregoing; 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 an effective date for certain provisions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 32-909, relating to the authority of county boards of education over school property and facilities, as amended, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 32-909 to read as follows:

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32-909. School property and facilities. (a) The county boards of education shall have the power to purchase, lease, or rent school sites; build, repair or rent schoolhouses, purchase maps, globes, and school furniture, and make all arrangements necessary to the efficient operation of the schools. The said boards are invested with the title, care and custody of all schoolhouses or other property, with power to control the same in such manner as they think will best serve the interests of the common schools; and when, in the opinion of the board, any schoolhouse site has become unnecessary or inconvenient, they may sell the same in the name of the county board of education, and the conveyance for any such sale shall be executed by the president or secretary of the board, according to the order of the board. They shall have the power to receive any gift, grant, donation or devise made for the use of the common schools within the respective counties, and all conveyances of real estate which may be made to said board shall vest the property in said board of education and their successors in office. In respect to the building of schoolhouses, the said board of education may provide for the same by a tax on all property located in the county and outside the territorial limits of any independent school system. The construction of all public school buildings must be approved by the superintendent and board of education and must be according to the plans furnished by the county school authorities and the State Board of Education. (b) If a schoolhouse site has become unnecessary or inconvenient, as provided by subsection (a) hereof, and if the county or municipality whose territorial boundaries include such schoolhouse site needs such site for any governmental purpose, then the county board of education may sell or convey such schoolhouse site to such county or municipality for such consideration and subject to such conditions, if any, as may be determined by said county board of education. Section 2. 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 from subsection (h) of Section 48 of said Act the figure 1978 and the figure 1979, wherever the same shall appear, and inserting in lieu thereof the figure 1980, so that when so amended subsection (h) of Section 48 of said Act shall read as follows:

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(h) After June 30, 1980, the State Board of Education shall annually determine the appropriation needed to fund all projects for which entitlements are sufficient and for which the requirements of subsection (g) have been met and shall submit this information to the Office of Planning and Budget. In the event the appropriation for capital facilities improvements in a given year is less than the amount needed for such projects, the State Board of Education shall fund fully as many projects as the appropriation will permit based on an equitable priority system to be established by the State Board of Education by January 1, 1980. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. DEPARTMENT OF ADMINISTRATIVE SERVICESPOWERS, DUTIES, ETC. No. 459 (Senate Bill No. 139). AN ACT To amend an Act relating to the Department of Administrative Services and matters concerning said Department which matters formerly appertained to the Supervisor of Purchases and the State Purchasing Board, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended, particularly by an Act approved March 24, 1939 (Ga. Laws 1939, p. 160), and by an Act approved February 15, 1950 (Ga. Laws 1950, p. 181), so as to declare purposes and policies; to provide the powers and duties of said Department relative to contracts for supplies and services required by the State; to provide for negotiated contracts in certain cases; to provide for public information; to provide for exceptions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the Department of Administrative Services and matters concerning said Department which matters formerly appertained to the Supervisor of Purchases and the State Purchasing Board, approved March 29, 1937 (Ga. Laws 1937, p. 503), as amended, particularly by an Act approved March 24, 1939 (Ga. Laws 1939, p. 160), and by an Act approved February 15, 1950 (Ga. Laws 1950, p. 181), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows: Section 1. The underlying purposes and policies of this Act are: (a) to permit the continued development of centralized procurement policies and practices; (b) to control and reduce the cost of purchasing, leasing, renting, or otherwise procuring supplies, materials, services, and equipment through the use of centralized purchasing; (c) to insure openness and accessibility by all qualified vendors to the State's purchasing processes so as to achieve the lowest possible costs to the State through effective competition among such vendors; (d) to provide for timely, effective, and efficient service to using agencies and to vendors doing business with the State; (e) to insure the fair and equitable treatment of all persons who deal with the procurement system of the State; (f) to provide for increased public confidence in the procedures followed in public procurement; and (g) to provide safeguards for the maintenance of a procurement system of quality and integrity. Section 2. Said Act is further amended by striking the first unnumbered paragraph and paragraph (A) of Section 2 in their entirety and inserting in lieu thereof new paragraphs, to read as follows:

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Section 2. The Department of Administrative Services shall have the power and authority and it shall be the Department's duty, subject to the provisions of this Act; (A) to canvass all sources of supply and to contract for the lease, rental, purchase, or other acquisition of all supplies, materials, services, other than professional and personal employment services, and equipment required by the State government or any of its departments, institutions, or agencies under competitive bidding in the manner and subject to the conditions hereinafter provided for;. Section 3. Said Act is further amended by striking Section 4-A of the amendatory Act approved March 24, 1939 (Ga. Laws 1939, p. 160), which was added by the amendatory Act approved February 15, 1950 (Ga. Laws 1950, p. 181), and by adding to said Act approved March 29, 1937 (Ga. Laws 1937, p. 503), a new Section 4A, to read as follows: Section 4A. The Department of Administrative Services shall have the power and authority and it shall be the Department's duty, subject to the provisions of this Act, to contract for the purchase, lease, or other mode of acquisition of all supplies, materials, services, other than professional and personal employment services, and equipment required by the State. After sources of supply have been established by contract under competitive bidding and certified by the Department of Administrative Services to the different departments, institutions, and agencies of the State as provided for in this Act, such institutions, agencies, or departments of State shall make requisition on blanks to be approved by the Department of Administrative Services for such supplies, materials, and equipment required by them from the supply so certified and, except as herein otherwise provided for or unless such departments, institutions, and agencies of State obtain written authority from the Department of Administrative Services to do so, it shall be unlawful for them or any of them to purchase any supplies, materials, or equipment from other sources than as certified to them by the Department of Administrative Services. Section 4. Said Act is further amended by adding to Section 6 immediately after the sentence Any and all bids so received may be rejected. and before the phrase Every bid conforming to the terms of the advertisement, the following:

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When bids received pursuant to this Chapter are unreasonable or unacceptable as to terms and conditions, are noncompetitive, or the low bid exceeds available funds, and it is determined in writing by the Department of Administrative Services that time or other circumstances will not permit the delay required to resolicit competitive bids, a contract may be negotiated pursuant to this Section, provided that each responsible bidder who submitted such a bid under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the bids received are noncompetitive, or the low bid exceeds available funds, the negotiated price shall be lower than the lowest rejected bid of any responsible bidder under the original solicitation. Section 5. Said Act is further amended by striking from Section 6 the following phrases, wherever the same shall occur: a bulletin board, the bulletin board, said bulletin board, and inserting in lieu of each of said phrases the following: public display. Section 6. Said Act is further amended by striking the first unnumbered paragraph and paragraph (a) of Section 8 in their entirety and inserting in lieu thereof new paragraphs to read as follows: Unless otherwise ordered by the Department of Administrative Services, the purchase of supplies, materials, equipment, and services, other than professional and personal employment services, through the Department of Administrative Services shall not be mandatory in the following cases: (a) Technical instruments and supplies and technical books and other printed matter on technical subjects; also manuscripts, maps, books, pamphlets, and periodicals for the use of the State Library or any other library in the State supported by State funds; also services.

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Section 7. Nothing contained in Sections 1 through 9 shall be construed to affect, repeal, or limit the operation of either an Act known as the Unemployment Compensation Law, approved March 29, 1937 (Ga. Laws 1937, p. 806), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1029), or an Act known as the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015). 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 12, 1979. PUBLIC SCHOOL DISCIPLINARY TRIBUNAL ACT. No. 460 (Senate Bill No. 141). AN ACT To provide for public school disciplinary tribunals; to provide for a short title; to provide for definitions; to authorize local boards of education to establish by policy, rule, or regulation disciplinary hearing officers, panels, and tribunals; to provide for the duties, power, and authority of such hearing officers, panels, and tribunals; to provide for the contents and provisions of policies, rules, and regulations; 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 Public School Disciplinary Tribunal Act.

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Section 2. As used in this Act, unless the context clearly requires otherwise, the following words or terms shall have the following meanings: (a) Short-term suspension means the suspension of a student from a public school for not more than 10 school days. (b) Long-term suspension means the suspension of a student from a public school for more than 10 school days but not beyond the current school quarter or semester. (c) Expulsion means expulsion of a student from a public school beyond the current school quarter or semester. Section 3. Local boards of education may establish by policy, rule, or regulation disciplinary hearing officers, panels, or tribunals of school officials to impose suspension or expulsion. If such hearing officers, panels, or tribunals are established, such rules and regulations must include the following: (1) Provisions governing the manner of selecting the hearing officers or members of said panels or tribunals and the number of members thereof. (2) Provisions governing procedures to be followed by such hearing officers, panels, or tribunals in fact finding, hearings, and reporting recommendations to the local board of education. (3) Provisions granting a right to appeal to the local board of education when the punishment imposed by hearing officers, panels, or tribunals is long-term suspension or expulsion. (4) Provisions whereby the superintendent may suspend enforcement of the suspension or expulsion ordered by the hearing officers, panels, or tribunals pending the outcome of any appeal to the local board of education. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

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ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDSPECIAL EDUCATION INSTRUCTIONAL UNITS. No. 461 (Senate Bill No. 143). 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 provide a basis for allocating special education instructional units to local units of administration; 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, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 539), is hereby amended by adding at the end of subsection (b) of Section 5 the following: The State Board of Education shall annually allot special education instructional units to local units of administration on the basis of an average pupil-teacher ratio for all areas of exceptionality, including gifted, which ratio shall be one unit for every twenty-two pupils in average daily membership who were eligible to receive special education services during the preceding year or who were properly identified as needing special education services and were still on a waiting list at the end of the school year. Allocation of instructional units shall be calculated on no more than fifteen percent of the total school population in grades 1-12; provided, however, that any local unit may petition the State Board for additional special education instructional units needed to serve exceptional pupils who are enrolled in significantly higher proportions

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than normally expected. Furthermore, the State Board of Education shall provide for the allotment of special education instructional units to special programs identified by the State Board, including, but not limited to, centers for the emotionally disturbed. The amount of funds distributed to any local unit of administration for this purpose during any fiscal year shall not be in excess of the amount actually required by the local unit for payment of salaries of special education teachers actually employed by the local unit. The amount of funds needed by a local unit to pay salaries of special education teachers shall be determined on a ten-month basis in accordance with the State minimum salary schedule provided for in Section 56 of this Act; however, a twelve-month basis will be used in such determinations in those instances in which the General Assembly has explicitly authorized twelve-month operation of special education programs., so that when so amended, subsection (b) of Section 5 shall read as follows: (b) Local units of administration shall, subject to any limitations hereinafter specified, provide a special education program for all students with special needs who are residents of their school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by entering into a contract with other school systems or Cooperative Educational Service Agencies for such services. The State Board of Education shall annually allot special education instructional units to local units of administration on the basis of an average pupil-teacher ratio for all areas of exceptionality, including gifted, which ratio shall be one unit for every twenty-two pupils in average daily membership who were eligible to receive special education services during the preceding year or who were properly identified as needing special education services and were still on a waiting list at the end of the school year. Allocation of instructional units shall be calculated on no more than fifteen percent of the total school population in grades 1-12; provided, however, that any local unit may petition the State Board for additional special education instructional units needed to serve exceptional pupils who are enrolled in significantly higher proportions than normally expected. Furthermore, the State Board of Education shall provide for the allotment of special education instructional units to special programs identified by the State Board, including, but not limited to,

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centers for the emotionally disturbed, provided, however, that there will be at least one Section 5 teacher allocated for each of the isolated schools designated by law. The amount of funds distributed to any local unit of administration for this purpose during any fiscal year shall not be in excess of the amount actually required by the local unit for payment of salaries of special education teachers actually employed by the local unit. The amount of funds needed by a local unit to pay salaries of special education teachers shall be determined on a ten-month basis in accordance with the State minimum salary schedule provided for in Section 56 of this Act; however, a twelve-month basis will be used in such determinations in those instances in which the General Assembly has explicitly authorized twelve-month operation of special education programs. Section 2. Special emphasis shall be given to gifted children. 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 12, 1979. EMPLOYEES' HEALTH INSURANCE COVERAGE ACT AMENDED. No. 462 (Senate Bill No. 146). AN ACT To amend an Act relating to health insurance coverage for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, so as to provide a new definition for the term employee; to define the term a person who works full time for the State; to provide that claims must be filed within two years from the date the services were rendered; to provide that benefit

"GA1979.1.668">

checks shall be valid for only six months; to increase the maximum employer contribution from four percent to five percent of the total outlay for personal services in addition to an amount to be established by the board to defray the costs of administration and the State's portion of the cost of benefits payable for annuitants; to provide that employees may waive health insurance coverage; 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 health insurance coverage for State employees, approved March 16, 1961 (Ga. Laws 1961, p. 147), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) For purposes of this Act, the term `employee' means: (1) A person who works full time for the State and receives his compensation in a direct payment from a department, agency or institution of the State government; (2) An annuitant who at the time of his retirement worked full time for the State and received his compensation in a direct payment from a department, agency or institution of the State government and who draws a monthly benefit from the Employees' Retirement System of Georgia; (3) A person who is appointed to an emeritus position under the laws of the State of Georgia; (4) Members of the General Assembly; (5) Administrative and clerical personnel of the General Assembly; (6) District attorneys and certain assistant district attorneys of the superior courts of Georgia;

"GA1979.1.669">

(7) A person who works full time and receives his compensation in a direct payment from a county board of health or the county boards of health comprising a health district or the county boards of health receiving financial assistance from the State Department of Human Resources; (8) An annuitant who at the time of his retirement worked full time and received his compensation in a direct payment from a county board of health or the county boards of health comprising a health district or the county boards of health receiving financial assistance from the State Department of Human Resources; (9) A county employee who works full time for a County Department of Family and Children Services and who receives his compensation from a County Department of Family and Children Services; (10) An annuitant who at the time of his retirement was a county employee who worked full time for a County Department of Family and Children Services and who received his compensation in a direct payment from a County Department of Family and Children Services and who draws a monthly benefit from either the Employees' Retirement System of Georgia or a county employees' retirement system; (11) Secretaries employed by judges of the superior courts and district attorneys under the provisions of an Act fixing the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. Laws 1957, p. 273), as the same may now or hereinafter be amended and particularly as amended by an Act approved March 30, 1972 (Ga. Laws 1972, p. 617); (12) For purposes of this Act, the phrase `person who works full time' means an individual who works at least thirty (30) hours per week and whose employment is intended to be a continuing employment. This would exclude any student, seasonal, intermittent, or part-time employment. This would also exclude employment intended for only a very limited duration. Section 2. Said Act is further amended by striking Section 9 in its entirety and adding in lieu thereof a new Section 9 to read as follows:

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Section 9. (a) Any benefits payable under the plan may be made either directly to the attending physicians, hospitals, medical groups, or others furnishing the services upon which a claim is based, or to the covered employee, upon presentation of valid bills for such services, subject to such provisions to facilitate payment as may be made by the board. (b) Said claims must be presented in writing to the board or its designee within two years from the date the service was rendered or else no benefits will be owed or paid. (c) All drafts issued by the board or the board's designee shall be void if not presented and accepted by the drawer's bank within six months of the date the draft was drawn. Section 3 . Said Act is further amended by deleting the phrase four per cent wherever it is found in Section 11 and inserting in lieu thereof the phrase five percent so that as amended Section 11 would read as follows: Section 11. During any period in which an employee is covered under this Act prior to the date of his retirement, there shall be withheld from each salary payment, or other compensation, of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be established by the board. During any month in which benefits are being paid by the Employees' Retirement System of Georgia to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the board with the consent of the recipient. The various departments, boards and agencies of the State government shall contribute to this health insurance fund such portions of the cost of such benefits as may be established by the State Personnel Board and the Governor as funds become available in each department, board and agency not exceeding the sum of five percent of the total outlay for personal services in addition to an amount to be established by the board to defray the cost of administration and the State's portion of the cost of benefits payable for annuitants. The legislative fiscal officer shall contribute to this health insurance fund as an employer payment for and on behalf of all members of the General Assembly of the State of Georgia and its administrative and clerical personnel. The

"GA1979.1.671">

Department of Administrative Services shall contribute to said fund as an employer payment for and on behalf of district attorneys of the Superior Courts of the State of Georgia. The amount of such contributions shall be such portions of the costs of such benefits as may be established by the State Personnel Board as a per centum of the total outlay of services rendered by members of the General Assembly of the State of Georgia, its administrative and clerical personnel, and the district attorneys of the Superior Courts of the State of Georgia, and in addition thereto an amount to be established by the board to defray the costs of administration. Section 4 . Said Act is further amended by striking subsection (b) of Section 15 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) All persons who become State employees as defined in this Act, on or after the `employers commencement date' and who are eligible as specified in the rules and regulations of the board, shall become members of this health insurance program unless the employee rejects or waives such coverage in writing. Section 5 . In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

"GA1979.1.672">

HEALTH INSURANCE PLAN FOR PUBLIC SCHOOL TEACHERS ACT AMENDED. No. 463 (Senate Bill No. 147). 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), as amended, so as to provide that claims must be filed within two years from the date the services were rendered; to provide that benefit checks shall be valid for only six months; to increase the maximum contribution for the State Department of Education from four per centum of the total outlay for personal services to five percent; to increase to maximum assessment for the local employer's share from four per centum of the total outlay of local funds for personal services for educational purposes to five percent; to provide that public school teachers may waive health insurance coverage under this law; 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 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), as amended, is hereby amended by striking Section 8 in its entirety and by adding in lieu thereof a new Section 8 to read as follows: Section 8. (a) Any benefits payable under the plan may be made either directly to the attending physicians, hospitals, medical groups, or others furnishing the services upon which a claim is based, or to the covered employee, upon presentation of valid bills for such services, subject to such provisions to facilitate payment as may be made by the board.

"GA1979.1.673">

(b) Said claims must be presented in writing to the board or its designee within two years from the date the service was rendered or else no benefits will be owed or paid. (c) All drafts issued by the board or its designee shall be void if not presented and accepted by the drawer's bank within six months of the date the draft was drawn. Section 2 . Said Act is further amended by deleting the phrase four per centum wherever it is found in Section 10 and inserting in lieu thereof the phrase five percent so that as amended Section 10 would read as follows: Section 10. During any period in which an employee is covered under the health insurance plan authorized by this Act prior to the date of his retirement, there shall be withheld from each salary payment of such employee as his share of the costs of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be established by the board. During any month in which the benefits are being paid by the Teachers' Retirement System of Georgia to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the board with consent of the recipient. The State Department of Education shall contribute to said health insurance fund such portion of the cost of such benefits as may be established by the Governor and the board up to five percent of the total outlay for personal services and, in addition thereto, an amount to be established by the board to defray the cost of administration. In addition, as the local employer's share, the local board shall contribute to said health insurance fund such portion of the cost of such benefits as may be established by the Governor and the board up to five percent of the total outlay from local funds for personal services for educational purposes and in addition thereto an amount to be established by the board to defray the cost of administration; Provided, however, any local employer which elects not to participate shall not be required to make any local contribution. Section 3 . 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:

"GA1979.1.674">

(b) All persons who become employees as defined in this Act, on or after the `employer commencement date', and who are eligible as specified by rules and regulations of the board, shall become members of this health insurance plan authorized by this Act, unless the employee rejects or waives such coverage in writing. Section 4. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. ACT PROVIDING FOR LIABILITY INSURANCE FOR STATE EMPLOYEES, ETC. AMENDED. No. 464 (Senate Bill No. 148). AN ACT To amend an Act approved March 30, 1977 (Ga. Laws 1977, p. 1051), relating to the provision of liability insurance for State employees, officers, and officials, so as to include employees and officials of county departments of health and county departments of family and children services; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1979.1.675">

Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 30, 1977 (Ga. Laws 1977, p. 1051), relating to the provision of liability insurance for State employees, officers, and officials, is hereby amended by striking Section 1 of said Act, relating to the provision of such insurance, in its entirety and inserting in lieu thereof a new Section 1, to read as follows: Section 1. In addition to any other compensation which may be paid to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of this State, each such agency, board, bureau, commission, department, or authority is hereby authorized, in its discretion, to purchase policies of liability insurance, contracts of indemnity, or to formulate sound programs of self-insurance utilizing funds available to such agency, board, bureau, commission, department, or authority, insuring or indemnifying such officers, officials, or employees to the extent that they are not immune from liability against personal liability for damages arising out of the performance of their duties or in any way connected therewith. Such agencies, boards, bureaus, commissions, departments, or authorities may expend federal and State or other available funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of such agency, board, bureau, commission, department, or authority. For purposes of this Act, the term `agency' shall specifically include, but shall not be limited to, public retirement systems of Statewide application established by the laws of this State, but shall not include counties or municipalities: provided, however, that the employees of county departments of health and county departments of family and children services as well as the members of the boards of said departments shall be considered to be State employees or officials for the purposes of this Act. The existence of such insurance or indemnification shall not be disclosed or suggested in any action brought against such individual. 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 12, 1979.

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GRAND JURIESREPORT BY FOREMAN OR CLERK OF PRECEDING GRAND JURY. Code Section 59-202 Amended. No. 465 (Senate Bill No. 149). AN ACT To amend Code Section 59-202, relating to the number of grand jurors, as amended, particularly by an Act approved March 14, 1978 (Ga. Laws 1978, p. 906), so as to provide that the foreman and the clerk of a grand jury may be requested to appear and to report its actions and recommendations to an immediately succeeding grand jury within a county; to provide for their compensation; to provide for other matters relative to the foregoing; to provide for limitations; 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, particularly by an Act approved March 14, 1978 (Ga. Laws 1978, p. 906), is hereby amended by inserting at the end of said Code Section a new subsection (b) to read as follows: (b) The grand jury shall be authorized to request the foreman or clerk of the previous grand jury to appear before it for the purpose of reviewing and reporting the actions of the immediately preceding grand jury if the succeeding grand jury determines that such service would be beneficial. While serving a succeeding grand jury, the foreman or clerk of the immediately preceding grand jury shall receive the same compensation as other members of the grand jury. Any person serving as foreman or clerk of a grand jury and then being requested to report to an immediately succeeding grand jury

"GA1979.1.677">

shall not be eligible to again serve as a grand juror during one year following the conclusion of such earlier service. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. ELECTIONSABSENTEE BALLOTS. Code Section 34-1406.1 Amended. No. 466 (Senate Bill No. 156). AN ACT To amend Code Chapter 34-14, relating to absentee voting, as amended, so as to provide for the receiving and voting of absentee ballots in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-14, relating to absentee voting, as amended, is hereby amended by striking in its entirety Code Section 34-1406.1, relating to absentee ballots in certain counties, and inserting in lieu thereof a new Code Section 34-1406.1 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 or having a population between 62,500 and 63,500 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

"GA1979.1.678">

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 April 12, 1979. GAME AND FISH CODE AMENDED. Code Title 45 Amended. No. 467 (House Bill No. 456). AN ACT To amend Code Title 45, known as the Game and Fish Code, as amended, so as to provide definitions for certain terms and redefine certain other terms; to authorize the Department to enter into reciprocal agreements pertaining to waterfowl hunting; to provide for the issuance of administrative orders and emergency administrative orders and the administrative and judicial review thereof; to provide that persons authorized by contract with the Department of Natural Resources may engage in certain activities relative to wildlife; to make certain changes and provisions relative to the issuance, use, and revocation of lifetime honorary hunting and fishing licenses for totally disabled persons; to change the name of the oyster dredging permit; to make certain provisions relative to the issuance of game-holding permits; to authorize holders of valid commercial shooting preserve licenses to charge a fee to users of such preserves who take or attempt to take game birds or game animals; to make it unlawful to take oysters or clams for commercial purposes without a master collecting permit; to provide exceptions and to provide for the issuance of such permits; to make it unlawful to take oysters and clams from unauthorized locations and during unauthorized periods of taking; to require the master collecting permittee

"GA1979.1.679">

to file certain information with the Department; to make it unlawful to take oysters, clams, or both, by the use of a dredge without the master collecting permittee first obtaining a shellfish dredging permit; to authorize the Department to deny or condition such permits; to make certain changes relative to the bond required for a shellfish dredging permit; to provide that a wildlife importation permit is not required to import pen-raised quail; to make it unlawful to keep, hold, or possess in captivity any sick or injured wildlife, except fish, without a wildlife rehabilitation permit and to provide for the issuance of such permits; to limit the firearms for hunting squirrel, rabbits and raccoons; to increase the maximum season which may be established for hunting deer; to designate certain waters as trout streams without seasons; to designate certain other waters as trout waters with seasons; to make certain changes pertaining to the reciprocal agreement with Alabama; to make it unlawful to fish commercially for shad except in accordance with certain regulations and to authorize the adoption of such regulations; to make it unlawful to engage in commercial saltwater fishing except with certain gear; to make changes relative to those areas where commercial saltwater eel fishing is permitted; to make certain activities relative to the use of purse seines unlawful; to require certain factors to be considered in making a determination to open or close any of the salt waters in accordance with current, sound principles of wildlife research and management; to require public notice of the opening or closing of salt waters; to provide that certain determinations to open or close salt waters shall be made in accordance with current, sound principles of wildlife research and management; to provide that part-time employees of a licensed bait dealer may sell shrimp for bait; to make provisions relative to the bond of the licensed bait dealer and the amount of shrimp which may be sold within a twenty-four (24) hour period applicable to such employees; to authorize licensed bait dealers under certain conditions to sell shrimp to other licensed bait dealers; to require master collecting permittees to report certain information to the Department; to provide the minimum size of oysters which may be taken for noncommercial purposes; to make it unlawful to take oysters or clams except during certain periods and to provide an exception; to provide for the opening and closing of salt waters to such taking; to make it unlawful to give permission to take oysters or clams from areas not opened to such taking; to make it lawful to take one bushel or less of oysters or clams per day for noncommercial purposes provided certain conditions are met; to provide that it shall be

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unlawful to take oysters or clams except by certain means; to provide for the transplanting of oysters; to delete certain provisions pertaining to standard tubs for the sale of oysters in the shell and prohibiting the rough taking of oysters; to provide for the Department to inspect oyster and clam beds; to provide that certain activities shall be prima facie evidence of intent to use oysters or clams for food; to provide for the distribution of oyster shells by commercial oyster gatherers; to delete certain provisions pertaining to the utensils and premises of canning factories and shucking plants; to make certain provisions relative to shellfish sanitation applicable to clams; to make it unlawful to fail to attach certain tags to each container of shellfish; to provide a procedure for the leasing of oyster or clam beds; to provide that the importation of birds or animals for certain purposes on shooting preserves must be in conformance with certain provisions of this Title; 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 inserting a new paragraph in Section 45-102 between the present paragraph (7), defining Board, and the present paragraph (8), defining Business premises, said new paragraph to be designated as paragraph (8), which new paragraph shall read as follows: (8) `Bushel' means the present United States Standard Bushel as determined by the United States Department of Agriculture which measures two thousand one hundred fifty and four-tenths (2150.4) cubic inches., and by renumbering in consecutive order the paragraphs remaining thereafter. Section 2. Said Code Title is further amended by inserting a new paragraph in Section 45-102 between the present paragraph (10), defining Catch-out pond, and the present paragraph (11), defining Commercial fish hatchery, said new paragraph to be designated as paragraph (12), which new paragraph shall read as follows:

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(12) `Clam rake' means a handheld rake, or a tool consisting of a long handle with a bar that is set transversely with projecting prongs and with a wire basket or enclosure modification, which rake or tool is suitable for scratching and removing mollusks of the class Pelecypoda from estuarine and marine substrates., and by renumbering in consecutive order the paragraphs remaining thereafter. Section 3. Said Code Title is further amended by inserting a new paragraph in Section 45-102 between the present paragraph (10), defining Catch-out pond, and the present paragraph (11), defining Commercial fish hatchery, said new paragraph to be designated as paragraph (13), which new paragraph shall read as follows: (13) `Commercial' means of or relating to buying, selling, or exchanging or offering for purchase, sale, or exchange., and by renumbering in consecutive order the paragraphs remaining thereafter. Section 4. Said Code Title is further amended by adding a new paragraph in Section 45-102 between the present paragraph (18), defining Domestic species, and the present paragraph (19), defining Established bait dealership, said new paragraph to be designated as paragraph (22), which new paragraph shall read as follows: (22) `Educational' means an attempt to learn or convey information about the characteristics and behavior of wild animals or wildlife either in a public or private college, university, secondary or primary school accredited by either the Georgia Accrediting Commission, Inc., or the Southern Association of Colleges and Schools or by an independent study conducted in affiliation with any of the aforementioned institutions, or any chartered association or society organized for the purpose of conveying knowledge about such species to its members or a research facility or governmental agency., and by renumbering in consecutive order the paragraphs remaining thereafter.

"GA1979.1.682">

Section 5. Said Code Title is further amended by adding a new paragraph in Section 45-102 between the present paragraph (30), defining Game species, and the present paragraph (31), defining Hunting, said new paragraph to be designated as paragraph (35), which new paragraph shall read as follows: (35) `Held as pets' means the possession of any wild animal for purposes other than scientific, educational, or public exhibition purposes or for sale to the general public or resale to a retail dealer, exhibition, or research facility., and by renumbering in consecutive order the paragraphs remaining thereafter. Section 6. Said Code Title is further amended by inserting a new paragraph in Section 45-102 between the present paragraph (34), defining Licensed bait dealer, and the present paragraph (35), defining Migratory game birds, said new paragraph to be designated as paragraph (40), which new paragraph shall read as follows: (40) `May' means is authorized, but not required, and denotes discretion and permission, rather than command. When `may' is used in authorizing a certain action to be taken, it shall also include the authorization to change that action., and by renumbering in consecutive order the paragraphs remaining thereafter. Section 7. Said Code Title is further amended by deleting in its entirety present paragraph (38) of Section 45-102, which paragraph defines Nongame fish, and inserting in lieu thereof a new paragraph to be designated as paragraph (44), which new paragraph shall read as follows: (44) `Nongame fish' means any fish not defined as a game fish in this Section and is synonymous with the term `rough' fish. Section 8. Said Code Title is further amended by inserting a new paragraph in Section 45-102 between the present paragraph (43), defining Pole and line, and the present paragraph (44), defining Private pond, said new paragraph to be designated as paragraph (50), which new paragraph shall read as follows:

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(50) `Private oyster or clam beds' means oyster or clam beds in which the right to plant, cultivate, and harvest oysters and clams is not vested in the State pursuant to the provisions of Sections 1 and 3 of an Act entitled `Boundaries of Lands on Tidewaters' (Ga. Laws 1902, p. 108), approved December 16, 1902., and by renumbering in consecutive order the paragraphs remaining thereafter. Section 9. Said Code Title is further amended by adding a new paragraph in Section 45-102 between the present paragraph (45), defining Private shooting preserve, and the present paragraph (46), defining Public road, said new paragraph to be designated as paragraph (53), which new paragraph shall read as follows: (53) `Public exhibition' means any commercial or noncommercial display of wild animals or wildlife to the general public, including displays held in nontraveling facilities in fixed locations or displays held in transient facilities which travel to different parts of the State., and by renumbering in consecutive order the paragraphs remaining thereafter. Section 10. Said Code Title is further amended by adding a new paragraph in Section 45-102 between the present paragraph (50), defining Retail fish dealer, and the present paragraph (51), defining Sell, said new paragraph to be designated as paragraph (59), which new paragraph shall read as follows: (59) `Scientific' means a systematic attempt, conducted at a public or private college, university, secondary, or primary school, accredited by either the Georgia Accrediting Commission, Inc., or the Southern Association of Colleges and Schools or by an independent study conducted in affiliation with any of the aforementioned institutions, or any chartered association or society organized for the purpose of conveying knowledge to its members, or a research facility or governmental agency, for the purpose of discovering new knowledge through the possession of wild animals or wildlife for the scientific testing of a theory or hypothesis, such theory or hypothesis to be tested according to the accepted procedures of observation, comparison, objective data collection, and analysis.,

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and by renumbering in consecutive order the paragraphs remaining thereafter. Section 11. Said Code Title is further amended by inserting a new paragraph in Section 45-102 between the present paragraph (50), defining Retail fish dealer, and the present paragraph (51), defining Sell, said new paragraph to be designated as paragraph (60), which new paragraph shall read as follows: (60) `Seafood' means marine and estuarine fauna or flora used as food or of a kind suitable for food and specifically includes but is not limited to shrimp taken for bait., and by renumbering in consecutive order the paragraphs remaining thereafter. Section 12. Said Code Title is further amended by inserting a new paragraph in Section 45-102 between the present paragraph (56), defining Soft-shell crab dealer, and the present paragraph (57), defining Taking, said new paragraph to be designated as paragraph (67), which new paragraph shall read as follows: (67) `State-owned oyster or clam beds' means oyster or clam beds in which the right to plant, cultivate, and harvest oysters and clams is vested in the State pursuant to the provisions of Section 1 and 3 of an Act entitled `Boundaries of Lands on Tidewaters' (Ga. Laws 1902, p. 108), approved December 16, 1902., and by renumbering in consecutive order the paragraphs remaining thereafter. Section 13. Said Code Title is further amended by striking Section 45-108 in its entirety and inserting in lieu thereof a new Section 45-108 to read as follows: 45-108. Reciprocal Agreements with Foreign States as to Hunting Licenses for Persons Owning Land in States Other Than Those of Their Residence and as to Waterfowl Hunting. (a) The Department is hereby authorized and empowered to make and enter into agreements, from time to time, with the proper authorities of the states of Alabama, Florida, South Carolina, North Carolina and Tennessee, whereby a citizen of the State of Georgia who owns farm

"GA1979.1.685">

lands in the said adjoining states may purchase a resident hunting license in the state in which his land is situated which will permit said Georgia citizen to hunt on his own land in the adjoining state without purchasing an out-of-state hunting license. The Department is hereby authorized and empowered to reciprocate this courtesy and issue a resident hunting license in Georgia to citizens of said adjoining states who own farm lands in Georgia, permitting such citizens to hunt on their own land in Georgia without purchasing an out-of-state hunting license. (b) The Department is also authorized to enter into agreements, from time to time, with the proper authorities of the states of Alabama, Florida, South Carolina, North Carolina and Tennessee, whereby a valid hunting license issued by the State of Georgia will be accepted and honored as and in lieu of a hunting license for the respective state so agreeing, for hunting waterfowl only on the banks and in the waters of the lakes, rivers and streams lying between the State of Georgia and such adjoining state or partly within the boundaries of both the State of Georgia and the adjoining state, and valid licenses issued by the respective state shall be accepted and honored, as and in lieu of a Georgia hunting license, for hunting waterfowl only, on the banks and in the waters of said lakes, rivers and streams. Section 14. Said Code Title is further amended by adding a new Section at the end of Chapter 45-1, to be designated as Section 45-122, which new Section shall read as follows: 45-122. Administrative Orders; Emergency Administrative Orders; Administrative Review. (a) Whenever the Department has reason to believe that a violation of any provision of this Title, any rule or regulation adopted pursuant thereto or a condition of any permit issued thereunder has occurred, or is occurring, the Department may, in its discretion, issue an administrative order requiring the violator to take whatever corrective action the Department deems necessary in order to obtain compliance within a period of time set forth in such order. Such order may also authorize the seizure of any wildlife or wild animal which it determines is being or has been taken, imported, sold, transferred, or possessed in violation of the provisions of this Title, any regulation promulgated pursuant thereto, or a condition of any permit or license issued thereunder. Any such order issued by the Department shall become final

"GA1979.1.686">

unless the person named therein files with the Department a written request for a hearing within thirty (30) days after such order is served personally or by certified mail on such person. (b) In addition to taking the actions authorized in subsection (a) above, the Department may issue an emergency administrative order for the purpose of authorizing any appropriate enforcement action, including but not limited to the seizure of wildlife or wild animals; provided, however, that such emergency order must be supported by and have attached thereto an affidavit stating that the affiant has personal knowledge that immediate irreparable injury is likely to occur to wildlife or other natural resources, to wild animals, or to the safety of human beings. Any such emergency order issued by the Department shall be effective immediately upon the issuance of such order. The person named in such order shall, upon written request within thirty (30) days of the issuance of such order, be entitled to a hearing, said hearing to be held within ten (10) days of receipt of such request. (c) Nothing in this Section shall be construed to require the issuance of an administrative order or emergency administrative order to seize contraband or wildlife in accordance with the provisions of this Title. (d) The initial hearing reviewing an administrative order or an emergency administrative order shall be conducted by a hearing officer appointed by the Board. Such hearing and any administrative review thereof shall be conducted in accordance with an Act known as the `Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended; provided, however, that any administrative review of the initial decision of such hearing officer shall be by five (5) members of the Board selected by the Board, to be known as the Administrative Review Committee. The final decision or action of said committee shall constitute the final decision or action of the Board. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the Administrative Review Committee of the Board shall be entitled to judicial review as provided in an Act known as the `Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended.

"GA1979.1.687">

Section 15. Said Code Title is further amended by inserting in Section 45-205 after the word buy and before the word such the words or sell, so that when so amended, Section 45-205 shall read as follows: 45-205. Except as otherwise specifically provided, it shall be unlawful for any person in this State to sell or purchase any game species or parts thereof. Provided, however, authorized personnel of the Department and of any federal agency may buy or sell such game species or parts thereof for the sole purpose of obtaining evidence of violations of the wildlife laws and regulations. Section 16. Said Code Title is further amended by deleting Section 45-214 in its entirety and inserting in lieu thereof a new Section 45-214 to read as follows: 45-214. Certain Persons Authorized to Take, Transport, Possess, Purchase, Sell, Band and Release Wildlife. For purposes of wildlife management, and in accordance with sound principles of wildlife research and management, authorized personnel of the Department and persons authorized by contract with the Department are authorized to take, transport, possess, purchase, sell, band and release wildlife at times, by methods, and in quantities which are otherwise made unlawful by this Title. Section 17. Said Code Title is further amended by inserting in the first sentence of subsection 45-302(h) after the word is and before the word totally the word permanently, so that when so amended, subsection 45-302(h) shall 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 permanently 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 hunting and fishing license, which shall entitle such resident to hunt and fish in this State without the payment of any fee

"GA1979.1.688">

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 18. Said Code Title is further amended by deleting subsection 45-302(j) in its entirety and inserting in lieu thereof a new subsection 45-302(j) to read as follows: (j) All honorary hunting and fishing licenses are subject to all the wildlife laws, rules and regulations, with the exception of the provisions requiring the payment of fees for such licenses. Such honorary licenses may be revoked in accordance with the provisions of this Title. It shall be unlawful for any person who has an honorary hunting and fishing license to permit the use of same by any other person. It shall also be unlawful for any person who is not entitled to an honorary hunting and fishing license to use such a license or for any totally disabled person issued such a license to possess or use such license when the disability is no longer total. Licenses for the totally disabled may, upon a determination that the disability is no longer total, be revoked until such time that the disability is again total. Section 19. Said Code Title is further amended by deleting paragraph (17) of subsection 45-303(g) in its entirety and by inserting in lieu thereof a new paragraph (17) to read as follows: (17) Shellfish dredging permit Annual 1.00. Section 20. Said Code Title is further amended by striking in its entirety Section 45-312 and by inserting in lieu thereof a new Section 45-312 which 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 gameholding permit as provided in Section 45-303. The Department may grant such a permit when in its discretion it determines that the issuance of such permit is in the best interest of such game animal or game bird and in the best interest of the wildlife and citizens of this State. If such a permit is issued, the Department shall prescribe the term for each such permit and may impose conditions

"GA1979.1.689">

as it determines necessary. 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 in accordance with the provisions of this Title; provided, however, that holders of valid commercial shooting preserve licenses may charge a fee to users of such preserves who take or attempt to take such species. 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 21. Said Code Title is further amended by striking in its entirety Section 45-319, which reads as follows: 45-319. Oyster Collector's Permits; Taking Oysters for Personal Use. (a) Any commercial fisherman shall each year, prior to engaging in commercial oyster gathering, obtain an oyster collector's permit from the Department. Such permit shall be in the form of a chart to which is attached or affixed the date, the name of the individual, the company the individual is working for, and the number of the State health certificate. Said chart shall show the areas on which oysters cannot be taken because of pollution as determined by the Department. (b) A master chart showing the pollution zone shall be kept by the Department. Said chart shall also show the areas from which the applicant may obtain oysters by virtue of the following demonstrated authority: (1) Lease of State-owned land; (2) Ownership of lands or authorized agent for owner; (3) Lease of lands from landowners; or (4) Permit from the Department to remove oysters from natural oyster beds on unleased State lands. (c) A duplicate oyster collector's permit with chart shall be filed with the Department. The permits provided for herein shall be furnished to the applicants by the Department at cost price. The Department shall furnish sufficient charts covering the areas of

"GA1979.1.690">

operations, which charts shall be recent United States Coast and Geodetic Charts, or accurate facsimiles of the same. (d) It shall be unlawful for any person, while engaged in commercial oyster collection from oyster beds, to fail to carry with him the permit required by this Section. It shall also be unlawful for any person to collect or engage in collecting oysters from any polluted areas or sources, or from any areas or sources other than as shown and authorized for use by the permit granted to him. (e) Nothing in this Section shall prohibit an individual from taking not in excess of two bushels of oysters per day for his own use when authorized to do so by written permission of the landowner, which written permission shall be in possession of the person so taking. and inserting in lieu thereof the following: 45-319. Master Collecting Permits. (a) It shall be unlawful to take oysters or clams for commercial purposes or to take more than two (2) bushels of oysters or clams for noncommercial use without first having obtained a master collecting permit which permit shall specify whether the permittee is authorized to take oysters, clams, or both. Such permits shall be provided annually, at no cost, by the Department but shall only be issued to persons with the right to harvest oysters or clams pursuant to the provisions of Section 1 and 3, of an Act entitled `Boundaries of Lands on Tidewaters,' approved December 16, 1902 (Ga. Laws 1902, p. 108), or to holders of leases from such persons; provided, however, employees of such persons or lessees may lawfully take oysters or clams for commercial purposes from such beds when they carry on their person written permission from the master collecting permittee to take oysters, or clams, or both, and possess a valid commercial saltwater fishing license and, when a boat is used, a valid commercial boat license as provided in Chapter 45-3. Such permission shall indicate the date of issuance, the authorized period of taking, the name of the master collecting permittee, the permit number, the number of the State health certificate, the name of the authorized employee, and shall have attached a National Oceanic and Atmospheric Administration (NOAA) chart, showing the location of the authorized taking. It shall be unlawful for any person to take oysters or clams from unauthorized locations and during unauthorized periods of taking.

"GA1979.1.691">

(b) The master collecting permittee shall file with the Department a copy of the written permission and chart specified in subsection (a) of this Section. Such copy shall be filed prior to the taking of oysters or clams by any person pursuant to such permission. Section 22. Said Code Title is further amended by striking in its entirety Section 45-320 and by inserting in lieu thereof a new Section which shall read as follows: 45-320. Permit to Use a Dredge to Take Oysters or Clams; Bond Required. It shall be unlawful to take oysters, clams, or both by the use of a dredge without the master collecting permittee first obtaining a shellfish dredging permit from the Department as provided in Section 45-303. The Department is hereby authorized to deny any such permit or to condition such permit in accordance with sound, current principles of wildlife research and management as set forth in Section 45-900. In addition, each master collecting permittee who applies for a shellfish dredging permit must execute a bond, with a bonding, surety or insurance company which is solvent financially and is duly authorized to do business in this State, in the amount of five thousand dollars ($5,000) payable to the State of Georgia. Such bond shall be filed with the Department and conditioned upon the faithful compliance of such permittee and all his employees with all the laws and regulations relating to the taking of oysters, clams, or both. Said bond shall be in addition to the boat license, the commercial saltwater fishing license, the master collecting permit, and the shellfish dredging permit required by this Title. Section 23. Said Code Title is further amended by deleting Section 45-325 in its entirety and inserting in lieu thereof a new Section 45-325 to read as follows: 45-325. Wildlife Importation Permit. It shall be unlawful to import any wildlife, other than fish, pen-raised ducks, pen-raised turkey and pen-raised quail, without obtaining at no cost, a wildlife importation permit from the Department. Such permit shall not be issued except for educational or scientific purposes. Section 24. Said Code Title is further amended by adding a new Section at the end of Chapter 45-3, said new Section to be numbered 45-328, and to read as follows:

"GA1979.1.692">

45-328. Wildlife Rehabilitation Permit. It shall be unlawful for any person to keep, hold, or posses in captivity any sick or injured wildlife except fish without first obtaining, at no charge, a wildlife rehabilitation permit from the Department. Provided, however, that such permit shall only be issued to persons determined by the Department, based on criteria established by regulation of the Board, to be competent and capable of rehabilitating the wildlife for which a permit has been requested. Provided, further, that the Department shall only issue such a permit when it has determined that the issuance of such permit is in the best interest of the wildlife of this State. If such a permit is issued, the Department shall prescribe the term for each such permit and may impose any conditions it determines necessary to insure adequate public safety and to be in the best interests of the wildlife of this State. Section 25. Said Code Title is further amended by adding a new subsection to Section 45-503, to be designated subsection (h), to read as follows: (h) Firearms for hunting squirrel, rabbits, and raccoons shall be limited to shotguns with No. 2 shot or smaller shot, 22 rimfire firearms, muzzle loading rifles, long bows, and compound bows. Section 26. Said Code Title is further amended by deleting in paragraph 45-513(a)(4) the number 30 and inserting in lieu thereof the number 14, so that when so amended, subsection 45-513(a)(4) shall read as follows: (4) Deer Jan. 16 - Sept. 14. Section 27. Said Code Title is further amended by deleting in paragraph 45-513(b)(4) the words Oct. 1 and inserting in lieu thereof the words Sept. 15, so that when so amended, subsection 45-513(b)(4) shall read as follows: (4) Deer Sept. 15 - Jan. 15 2 2. Section 28. Said Code Title is further amended by striking Section 45-717, pertaining to the designation of trout streams without seasons, in its entirety and inserting in lieu thereof the following new Section 45-717 which shall read as follows:

"GA1979.1.693">

45-717. Trout Streams Without Seasons. The following streams and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are hereby designated, in the counties listed, trout streams and shall be open for trout fishing throughout the year: (a) Bartow County: (1) Dykes Creek watershed; (2) Pine Log Creek watershed; (3) Salacoa Creek watershed; and (4) Spring Creek watershed. (b) Carroll County: (1) Brooks Creek watershed; (2) Mud Creek watershed; and (3) Tallapoosa River. (c) Chattooga County: (1) Little Armuchee Creek watershed upstream from County Road 326. (d) Cherokee County: (1) Pine Log Creek watershed; and (2) Salacoa Creek watershed. (e) Cobb County: (1) Chattahoochee River downstream to I-285 West Bridge (lower or most southerly crossing). (f) Dade County:

"GA1979.1.694">

(1) Lookout Creek watershed. (g) Dawson County: (1) Amicalola Creek from Road S 2275 downstream to Georgia Highway 53. (h) Elbert County: (1) Savannah River from Hartwell Dam to a point ten (10) miles downstream. (i) Fannin County: (1) Fightingtown Creek - entire length downstream from Georgia Highway 2; bridge; and (2) Toccoa River - entire length (does not include tributaries). (j) Floyd County: (1) Dykes Creek watershed; (2) Spring Creek watershed (flows into Etowah); and (3) Spring Creek watershed (flows into State of Alabama). (k) Fulton County: (1) Chattahoochee River from Roswell Bridge (U.S. Highway 19) downstream to I-285 West Bridge (lower or most southerly crossing). (l) Gilmer County: (1) Cartecay River downstream from Georgia Highway 52; (2) Coosawatee River from confluence of Cartecay and Ellijay Rivers downstream to Ga. Highway 5 bridge;

"GA1979.1.695">

(3) Ellijay River entire length downstream of mouth of Kells Creek; and (4) Mountaintown Creek entire length downstream of U.S. Highway 76 bridge. (m) Gordon County: (1) Pine Log Creek watershed upstream from Georgia Highway 52; and (2) Salacoa Creek watershed upstream from U.S. Highway 411. (n) Habersham County: (1) Chattahoochee River downstream to Georgia Highway 115 bridge; (2) Panther Creek - entire length downstream of mouth of Little Panther Creek; (3) Sautee Creek - entire length downstream of Georgia Highway 255 Alternate Bridge; and (4) Soque River from Kings Bridge (Georgia Highway 197 below mouth of Shoal Creek) downstream to mouth of Deep Creek. (o) Haralson County: (1) Tallapoosa River watershed upstream from County Road 222. (p) Hart County: (1) Savannah River. (q) Lumpkin County: (1) Chestatee River from Tate Bridge (first bridge below Turner's Corner) downstream to the mouth of Tesnatee Creek; and

"GA1979.1.696">

(2) Etowah River from Jay Bridge downstream to Castleberry Bridge. (r) Paulding County: (1) Tallapoosa River watershed. (s) Pickens County: (1) Polecat Creek watershed; (2) Rock Creek watershed; and (3) Salacoa Creek watershed. (t) Polk County: (1) Cedar Creek watershed upstream from Polk County Road 121; (2) Spring Creek watershed; (3) Swinney Creek watershed; and (4) Thomasson Creek watershed. (u) Rabun County: (1) Chattooga River - entire length between Georgia and South Carolina; (2) Chattooga River, West Fork - entire length; (3) Little Tennessee River - entire length downstream of U.S. Highway 23-441 bridge; (4) Overflow Creek - entire watershed; and (5) Tallulah River - from Lake Burton Dam downstream to Lake Rabun.

"GA1979.1.697">

(v) Stephens County: (1) Panther Creek - entire length. (w) Towns County: (1) Brasstown Creek - entire watershed downstream from U.S. Highway 76 bridge; (2) Hightower Creek - entire length downstream of U.S. Highway 76 bridge; and (3) Hiawassee River - entire length downstream of Brown Bridge (second bridge above U.S. Highway 76 on Georgia Highway 75). (x) Union County: (1) Brasstown Creek - entire watershed downstream from U.S. Highway 76 bridge; (2) Coosa Creek - entire watershed; (3) Ivylog Creek - entire watershed; (4) Nottely River from U.S. Highway 129-19 bridge downstream to Nottely Reservoir; (5) Toccoa River - entire length (does not include tributaries); and (6) Youngcane Creek - entire watershed. (y) Walker County: (1) Duck Creek watershed; (2) Gulf Creek watershed; and (3) West Armuchee Creek watershed.

"GA1979.1.698">

(z) White County: (1) Chattahoochee River from Nora Mills (Georgia Highway 17) downstream to Georgia Highway 115 bridge; and (2) Sautee Creek - entire length. (aa) Whitfield County: (1) Coahulla Creek watershed upstream from Whitfield County Road 183. Section 29. Said Code Title is further amended by striking Section 45-718, pertaining to the designation of trout streams with seasons, in its entirety and inserting in lieu thereof the following new Section 45-718 which 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, in the counties listed, as trout waters with seasons. It shall be unlawful to fish in any of the following trout waters except from the last Saturday in March each year through the 31st of October of each year: (a) Bartow County: (1) Boston Creek watershed upstream from Georgia Highway 20; (2) Connesena Creek watershed; (3) Stamp Creek watershed upstream from Bartow County Road 269; and (4) Toms Creek watershed upstream from Bartow County Road 82. (b) Catoosa County: (1) East Armuchee Creek watershed;

"GA1979.1.699">

(2) Hurricane Creek watershed upstream from Peters Branch; (3) Little Chickamauga Creek watershed upstream from County Road 387; and (4) Tiger Creek watershed upstream from Georgia Highway 2. (c) Chattooga County: (1) Allgood Branch watershed upstream from Tennessee, Alabama and Georgia railroad; (2) Chappel Creek watershed; (3) Chelsea Creek watershed; (4) East Fork Little River watershed; (5) Hinton Creek watershed; (6) Kings Creek watershed; (7) Middle Fork Little River watershed; (8) Mt. Hope Creek watershed; (9) Perennial Spring watershed; (10) Raccoon Creek watershed from Georgia Highway 48; (11) Ruff Creek watershed; (12) Storey Mill Creek watershed; and (13) Taliaferro Creek watershed. (d) Cherokee County: (1) Boston Creek watershed; and

"GA1979.1.700">

(2) Stamp Creek watershed. (e) Dade County: (1) East Fork Little River watershed; (2) Higdon Creek watershed; (3) Rock Creek watershed; and (4) West Fork Little River watershed. (f) Dawson County: (1) Amicalola Creek watershed upstream from Road S 2275; (2) Amicalola Creek tributaries from Georgia Highway 53 upstream to Road S 2275; (3) Shoal Creek watershed upstream from the mouth of Burt Creek; and (4) Sweetwater Creek watershed. (g) Fannin County: (1) All streams or parts of streams, except those listed in Section 45-717; (2) Edmundson Pond; and (3) Rock Creek Lake. (h) Floyd County: (1) Johns Creek watershed upstream from Floyd County Road 212; (2) Kings Creek watershed;

"GA1979.1.701">

(3) Lavender Creek watershed from Floyd County Road 234; (4) Little Cedar Creek watershed; (5) Mt. Hope Creek watershed; and (6) Toms Creek watershed. (i) Forsyth County: (1) Chattahoochee River. (j) Fulton County: (1) Chattahoochee River upstream from Roswell Bridge (U.S. Hwy. 19). (k) Gilmer County: (1) All streams or parts of streams, except those listed in Section 45-717, the Coosawattee River downstream from Georgia Highway 5, Seven Mile Creek watershed, and Talking Rock Creek. (l) Gordon County: (1) Johns Creek watershed; (2) Pin Hook Creek watershed upstream from Ryo Road; (3) Rocky Creek watershed upstream from West Union Road; and (4) Snake Creek watershed. (m) Gwinnett County: (1) Chattahoochee River. (n) Habersham County:

"GA1979.1.702">

(1) Chattahoochee River tributaries downstream to Georgia Highway 115, except Sautee Creek downstream from Georgia Highway 255 Alternate bridge; (2) Davidson Creek watershed; (3) Little Panther Creek watershed; (4) Middle Fork Broad River watershed; (5) Nancytown Creek watershed upstream from Nancytown Lake; (6) North Fork Broad River watershed; (7) Panther Creek watershed upstream above mouth of Little Panther Creek; (8) Panther Creek tributaries downstream from mouth of Little Panther Creek; (9) Soque River watershed upstream from King's Bridge (Georgia Highway 197 bridge just below the mouth of Shoal Creek); (10) Soque River tributaries from the mouth of Deep Creek upstream to King's Bridge; and (11) Toccoa Creek watershed. (o) Haralson County: (1) Beach Creek watershed upstream from Haralson County Road 34; (2) Flatwood Creek watershed; (3) Lassetter Creek watershed; and (4) Mann Creek watershed upstream from Haralson County Road 222.

"GA1979.1.703">

(p) Lumpkin County: (1) Amicalola Creek watershed; (2) Cane Creek watershed upstream from U. S. Highway 19 Bridge; (3) Cavender Creek watershed; (4) Chestatee River watershed upstream from Tate Bridge (first bridge below Turner's Corner); (5) Chestatee River tributaries from the mouth of Tesnatee Creek upstream to Tate Bridge (first bridge below Turner's Corner); (6) Dockery Lake; (7) Etowah River watershed upstream from Jay Bridge; (8) Etowah River tributaries from Castleberry Bridge upstream to Jay Bridge; (9) Shoal Creek watershed; and (10) Yahoola Creek watershed upstream from Georgia Highway 52. (q) Murray County: (1) All tributaries to Carter's Reservoir; (2) Consauga - Jacks River watershed upstream from Georgia - Tennessee State line; (3) Holly Creek watershed (including Emory Creek watershed) upstream from Emory Creek; (4) Mill Creek watershed upstream from Murray County Road 27;

"GA1979.1.704">

(5) North Prong Shumac Creek watershed; (6) Rock Creek watershed upstream from Murray County Road 4; (7) Sugar Creek watershed upstream from Murray County Road 4; and (8) Shumac Creek watershed upstream from Coffey Lake. (r) Paulding County: (1) Possum Creek watershed upstream from Paulding County Road 64; (2) Powder Creek watershed; (3) Pumpkinvine Creek watershed upstream from Paulding County Road 231; and (4) Raccoon Creek watershed upstream from Road SR 2299. (s) Pickens County: (1) Amicalola Creek watershed; (2) Cartecay River watershed; (3) Fisher Creek watershed; (4) Long Swamp Creek watershed upstream from Pickens County Road 294; (5) Pin Hook Creek watershed; and (6) Talking Rock Creek watershed upstream from Route S 1011. (t) Polk County:

"GA1979.1.705">

(1) Lassetter Creek watershed; (2) Little Cedar Creek watershed; and (3) Pumpkinpile Creek watershed upstream from Road SR 1032. (u) Rabun County: (1) All streams in Rabun County, except those listed in Section 45-717 and Tallula River downstream from Lake Rabun Dam. (v) Stephens County: (1) Leatherwood Creek watershed upstream from Georgia Highway 184 Bridge; (2) Little Toccoa Creek watershed; (3) Middle Fork Broad River watershed upstream from SCS flood control structure #44; (4) North Fork Broad River watershed upstream from SCS flood control structure #1; (5) Panther Creek tributaries; and (6) Toccoa Creek upstream from Toccoa Falls. (w) Towns County: (1) All streams in Towns County, except those listed in Section 45-717. (x) Union County: (1) All streams in Union County, except those listed in Section 45-717, Butternut Creek watershed, and Nottely River downstream from Nottely Dam.

"GA1979.1.706">

(y) Walker County: (1) Allen Creek watershed; (2) Chappel Creek watershed; (3) Dry Creek watershed (tributary to East Armuchee Creek); (4) East Armuchee Creek watershed upstream from Georgia Highway 143; (5) East Fork Little River watershed (flows into Dade County); (6) East Fork Little River watershed (flows into Chattooga County, includes Gilreath Creek); (7) Furnace Creek watershed; (8) Johns Creek watershed; (9) Left Fork Coulter Branch watershed; (10) Little Chickamauga Creek watershed; (11) Middle Fork Little River watershed (includes Cannon Branch and Hale Branch); (12) Rock Creek watershed (including Sawmill Branch) upstream of from Sawmill Branch; (13) Ruff Creek watershed; (14) Snake Creek watershed; (15) West Chickamauga Creek watershed upstream from Walker County Road 107; and (16) West Fork Little River watershed.

"GA1979.1.707">

(z) White County: (1) Chattahoochee River watershed upstream from Nora Mills (Georgia Highway 17); (2) Chattahoochee River tributaries from Georgia Highway 115 bridge upstream to Nora Mills (Georgia Highway 17), except Sautee Creek; (3) Little Tesnatee Creek watershed upstream from the mouth of Turner Creek; (4) Town Creek watershed upstream from the mouth of Jenny Creek; and (5) Turner Creek watershed (Turner Creek nearest to Cleveland City limits). (aa) Whitfield County: (1) Snake Creek watershed; (2) Swamp Creek watershed upstream from Whitfield County Road 9; and (3) Tiger Creek watershed. Section 30. Said Code Title is further amended by striking Section 45-730 in its entirety and inserting in lieu thereof a new Section 45-730 to read as follows: 45-730. Reciprocal Agreement with Alabama. (a) Description of waters covered: The area covered by the Reciprocal Agreement with Alabama includes the banks and the waters of only that portion of the Chattahoochee River lying between the states of Georgia and Alabama and those impoundments now existing or that may exist in the future on said reach of said river; provided, however, said agreement shall not include that portion of West Point Reservoir lying upstream (north) of Georgia Highway 109 bridge on the Chattahoochee River arm of said reservoir; provided, further, the waters covered by said agreement do not include other streams or tributaries which flow into the Chattahoochee River or its impoundments.

"GA1979.1.708">

(b) Licenses: Any person of the State of Georgia or the State of Alabama may engage in sport or commercial fishing, in any of the above described waters and on the banks of said waters if he has obtained and has in his possession while fishing the permits or licenses, or both, required by the respective state. Provided, however, this provision shall only be effective so long as the Reciprocal Agreement with Alabama is in force and effect. (c) Exceptions to laws and regulations: There are no exceptions to the fishing laws and regulations of the State of Georgia in the Georgia waters. The Reciprocal Agreement with Alabama pertains only to reciprocation of licenses. Section 31. Said Code Title is further amended by deleting subsections (a) through (g) of Section 45-805 in their entirety and inserting in lieu thereof the following: (a) It shall be unlawful to fish commercially for shad except with a valid commercial fishing license as prescribed in Section 45-303. (b) It shall be unlawful to fish commercially for shad from May 1 through December 31. (c) It shall also be unlawful to fish commercially for shad during the period of January 1 through April 30, except that it shall not be unlawful to fish commercially for shad during such period or portion thereof as has been designated by the Board as an open season for such fishing. (d) It shall also be unlawful to fish commercially for shad except in compliance with the rules and regulations of the Board pertaining to the methods, places, and days of the week for fishing commercially for shad. (e) In accordance with subsections (c) and (d) of this Section, and as may be appropriate based on sound principles of wildlife research and management, the Board is hereby authorized to promulgate rules and regulations establishing the seasons, days, places and methods for fishing commercially for shad.

"GA1979.1.709">

Section 32. Said Code Title is further amended by striking in its entirety Section 45-813 and inserting in lieu thereof a new Section 45-813 which shall read as follows: 45-813. Commercial Saltwater Fishing Gear. Except as otherwise specifically authorized by law or regulation, it shall be unlawful for any person engaged in commercial saltwater fishing in this State to use any gear other than the following gear which may only be used for the purposes and in the manner set forth below: (a) Power-drawn nets or trawls used to take seafood from any of the salt waters of this State in accordance with Chapter 45-9, 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; (b) Commercial crab traps used in accordance with Chapter 45-9; (c) Seines used in salt waters for the taking of fish or crustaceans and purse seines used in salt waters for the taking of fish or crustaceans, which seines or purse seines are used in accordance with Chapters 45-8 and 45-9; (d) Wire baskets, trot lines, or hoop nets, used for the taking of catfish in salt water in accordance with Chapter 45-8; (e) Traps and pots used for taking adult eels in accordance with Chapter 45-8; (f) Nets used for taking sturgeon in accordance with subsection 45-803(c); (g) Set nets and drift nets used for taking shad commercially in accordance with Chapter 45-8; (h) Gill nets used for taking shad or sturgeon in accordance with Chapter 45-7 or for taking diamond-back terrapins in accordance with Chapter 45-8; (i) Gigs used for taking flounder in salt water;

"GA1979.1.710">

(j) Cast nets used for commercial purposes in accordance with Chapter 45-9; (k) Beach seines used for taking seafood along public beaches in accordance with Chapter 45-9 for commercial purposes; (l) Tongs and dredges used to take oysters in accordance with Chapter 45-9; (m) Clam rakes, other handheld implements, and dredges used to take clams in accordance with Chapter 45-9 for commercial purposes; and (n) Pole and line used to catch finfish for commercial purposes. Section 33. Said Code Title is further amended by deleting subsection 45-815(a) in its entirety and inserting in lieu thereof a new subsection 45-815(a) to read as follows: (a) It shall be unlawful to fish commercially for adult eels except with a valid saltwater commercial fishing license and a valid commercial fishing boat license as prescribed in Section 45-303, and except in those areas where saltwater commercial catfishing is permitted as provided in Section 45-814, and except in those areas where commercial crab traps are permitted as provided in Section 45-909. Section 34. Said Code Title is further amended by adding a new Section to the end of Chapter 45-8 to be designated as Code Section 45-818 which new Section shall read as follows: 45-818. Use of Purse Seines. It shall be unlawful for any person other than a licensed saltwater commercial fisherman to use a purse seine. It shall also be unlawful to use a purse seine in any of the salt waters of this State; provided, however, it shall be lawful to use a purse seine in the waters outside, on the seaward side, of the sounds, when such outside waters are opened in accordance with Chapter 45-9. As used herein, purse seine means a large seine, supported at the upper edge by floats and weighted at the bottom edge, which is designed to be set by one or more boats around a school of fish and so arranged that after the sides have been brought

"GA1979.1.711">

together the bottom of the net can be closed by drawing the purse line taut. Section 35. Said Code Title is further amended by inserting a new Code Section at the beginning of Chapter 45-9, said new Code Section to be designated as Section 45-900 and to read as follows: 45-900. Determination to Open and Close the Salt Waters; Public Notice. (a) When this Title provides that a determination to open or close any of the salt waters of this State is to be made in accordance with current, sound principles of wildlife research and management, such determination shall be made only after a consideration of the following: (1) the abundance and size of the seafood specie(s) in question; (2) the number of persons licensed to take seafood; (3) the Department's forecast for commercial catches; (4) the quantity, in terms of pounds, and the value, in terms of dollars, of anticipated commercial landings; (5) the available climatological and meterological data and influence on water temperature; (6) the life history of each seafood species in question; (7) the coastal ecological features directly related to the life history of such species; (8) anticipated amount and location of the demand for a seafood species; (9) the resources which influence or are influenced by the abundance, spatial, and temporal variations in seafood species; (10) the water quality and other biogenic factors which influence sound wildlife research and management; and

"GA1979.1.712">

(11) any other factors based on recent scientific and technological advances which could result in a better management of Georgia's seafood resources. (b) Public notice of the opening or closing of salt waters as provided in this Chapter shall be given by posting a notice of all such openings at the courthouse in each coastal county and by such other means as may appear feasible to inform interested persons of such opening or closing. Such notices shall be posted at least twentyfour (24) hours prior to any action taken pursuant to this Section. Section 36. Said Code Title is further amended by adding a new subsection to follow present subsection 45-902(h) to be numbered 45-902(i), and to read as follows: (i) Any determination to open or close the salt waters pursuant to this Section shall be made in accordance with current, sound principles of wildlife research and management. Section 37. Said Code Title is further amended by adding a new subsection to follow present subsection 45-907(c), to be numbered subsection 45-907(d), and to read as follows: (d) Any determination to open or close the tidal rivers or creeks pursuant to this Section shall be made in accordance with current, sound principles of wildlife management. Section 38. Said Code Title is further amended by deleting the first through third sentences of subsection 45-908(a) in their entirety and inserting in lieu thereof new first through third sentences to read as follows: 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 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; provided, however, it shall be lawful for a part-time employee of such person to sell at the bait dealership shrimp for bait. 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

"GA1979.1.713">

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 by such person and all his 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. Section 39. Said Code Title is further amended by deleting subsection 45-908(i) in its entirety and by inserting in lieu thereof a new subsection 45-908(i) to read as follows: (i) It shall be unlawful for any licensed bait dealer, or an 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. Section 40. Said Code Title is further amended by adding two new subsections to follow present subsection 45-908(m), to be numbered subsection 45-908(n) and subsection 45-908(o), and to read as follows: (n) Any determination to open or close the tidal rivers or creeks pursuant to this Section shall be made in accordance with current, sound principles of wildlife research and management. (o) Notwithstanding subsections (i) and (j) of this Section, it shall be lawful for a licensed bait dealer to sell shrimp taken pursuant to this Section to another licensed bait dealer, provided the Department has been previously notified of the destination of the shrimp to be sold and the time and approximate amount of such sale and provided the Department has approved the equipment for transferring such shrimp.

"GA1979.1.714">

Section 41. Said Code Title is further amended by deleting the title of Section 45-911 in its entirety and by inserting in lieu thereof a new title to read as follows: Commercial Seafood Dealers Required to Keep Records; Master Collecting Permittees Required to Report Certain Information., and by changing present Section 45-911 to subsection 45-911(a) and adding a new subsection 45-911(b) to follow subsection 45-911(a) to read as follows: (b) It shall also be unlawful for any master collecting permittee to fail to report to the Department, on appropriate forms provided by the Department, the volume of the oysters, clams, or both, harvested during the past open season and the location where such oysters, clams, or both, were harvested. Section 42. Said Code Title is further amended by deleting Section 45-912 in its entirety and inserting in lieu thereof a new Section 45-912 to read as follows: 45-912. Minimum Size of Oysters to Be Taken for Noncommercial Purposes. It shall be unlawful to take any oysters for non-commercial purposes when the shells of such oysters measure less than three inches (3[UNK]) from hinge to mouth, except that oysters less than three inches (3[UNK]) from hinge to mouth may be removed if attached to an oyster of that minimum size and such oyster so attached cannot be removed without destroying such three-inch (3[UNK]) oyster. It shall also be unlawful for any person engaged in shucking or canning oysters for market, to shuck, can, purchase, or have in possession any quantity of oysters containing more than five (5) percent of oysters of prohibitive size as herein defined. Smaller oysters may be taken incidentally with such minimum-size oysters when they are directly attached to such minimum-size oysters. Section 43. Said Code Title is further amended by striking Section 45-913 in its entirety and by inserting in lieu thereof a new Section 45-913 to read as follows: 45-913. Unlawful to Take Oysters or Clams Except During Certain Periods, at Certain Places; Amount. (a) Except for purposes of transplanting, it shall be unlawful for any person to take oysters

"GA1979.1.715">

from any of the salt waters of this State during the period from May 15 through August 15. It shall also be unlawful to take oysters for the purpose of transplanting from any of the salt waters of this State unless such waters have been opened for such taking by the Commissioner. The Commissioner is hereby authorized to open and to close for the purpose of taking oysters for human consumption any or a portion of the salt waters of this State at any time from August 16 to May 14, provided that he has determined that such opening or closing is in accordance with current, sound wildlife management principles as provided in Section 45-900. (b) It shall be unlawful to take clams from any of the salt waters of this State except at such times and places as the Commissioner may establish. The Commissioner is hereby authorized to open and close, for the purpose of taking clams, any or a portion of the salt waters of this State at any time from September 1 through May 31, provided he has determined that the taking of clams is in accordance with current, sound wildlife management principles as provided in Section 45-900. (c) It shall be unlawful to give permission to take oysters, clams, or both, from any area not opened pursuant to this Section. (d) It shall be lawful for any person to take not in excess of two bushels of oysters or clams per day for noncommercial purposes provided such person has on his person, while so taking, written permission from the landowner authorizing such taking. Section 44. Said Code Title is further amended by striking in its entirety Section 45-914 and by inserting in lieu thereof a new Section 45-914 to read as follows: 45-914. Unlawful to Take Oysters or Clams by Certain Means. (a) It shall be unlawful for any person to take for commercial purposes any oysters in any of the salt waters of this State with or by a scoop, rake, drag, or by the use of manual or mechanical oyster tongs or to use a shellfish dredge other than one permitted by the Department in accordance with Chapter 45-3. Provided, however, the Department may authorize and condition the use of other equipment for taking oysters for commercial purposes when the Department determines that the use of such equipment is in accordance with current, sound principles of wildlife research and management

"GA1979.1.716">

as provided in Section 45-900. It shall be unlawful to take oysters for commercial purposes with such other equipment unless written permission from the Department is in the possession of the person responsible for the on-site operation of such equipment and unless the conditions of such written authorization are being met. (b) It shall be unlawful for any person to take oysters for non-commercial purposes by any instrument other than a handheld implement. (c) It shall be unlawful for any person to take clams for commercial purposes by an instrument other than a clam rake, manual or mechanical tongs, a shellfish dredge, in accordance with Chapter 45-3, or by a handheld implement. (d) It shall be unlawful for any person to take clams for non-commercial purposes by any instrument other than a clam rake or other handheld implement. Section 45. Said Code Title is further amended by striking in its entirety Section 45-915 and by inserting in lieu thereof a new Section 45-915 which shall read as follows: 45-915. Method of Taking Oysters for Transplanting. It shall be unlawful to take oysters for the purpose of transplanting unless the oysters are being transplanted from unapproved growing areas to approved growing areas or within or between approved growing areas and provided prior written approval from the Department has been obtained. It shall also be unlawful to take oysters for the purpose of transplanting by any means other than that provided by Section 45-914 of this Title. For the purposes of this Chapter, the term `approved growing area' means that area approved by the United States Food and Drug Administration for shellfish harvesting and the term `unapproved growing area' means that area that has not been approved by the United States Food and Drug Administration as part of their shellfish sanitation program. Section 46. Said Code Title is further amended by striking in their entirety Sections 45-916 and 45-917, pertaining to standard tubs for the sale of oysters in the shell and prohibiting the rough taking of oysters, in their entirety and by renumbering the Sections remaining thereafter in consecutive order.

"GA1979.1.717">

Section 47. Said Code Title is further amended by striking in its entirety the present Section 45-918, pertaining to inspection of oyster beds, renumbered as Section 45-916 by Section 46 above, which reads as follows: 45-918. Department to Inspect Oyster Beds; Condemnation of Polluted Beds; Effect of Identification; Rules and Regulations. (a) It shall be the duty of the Department to inspect, or cause to be inspected, as often as it may deem necessary, the various oyster beds and other places within the jurisdiction of or forming a part of this State from which oysters are taken to be distributed or sold for use as food, for the purpose of ascertaining the sanitary conditions of such oyster beds and the fitness of the oysters in such places or which are taken therefrom for the use as food. (b) If the Department discovers that any oyster bed, or other place from which oysters are or may be taken, is subject to pollution or to any other condition which may render the oysters in such places, or which may be taken therefrom, dangerous to health, it shall be the duty of the Department to immediately identify such areas, beds, or other places. It shall be unlawful to take, sell, distribute or possess oysters from places so identified without a permit from the Department to take, sell, distribute or possess such oysters. (c) For the purpose of this Section, the distribution, sale, offering for sale, giving away or having in possession with intent to distribute, sell or give away any oysters shall be prima facie evidence that such oysters were intended for use as food. (d) The Board shall have the power to adopt, promulgate and enforce such rules and regulations as shall promote the purposes of this Section, and the Department shall have power to make such specific orders regarding the growing and handling of oysters and the disposal of polluting matter which may affect the purity of oysters as it may deem necessary to enforce the provisions of this Chapter. (e) The employees of the Department shall have free access at all times to all oyster beds, places of business and other places where oysters are grown, kept, stored, had in possession with intent to distribute, or sell, or give away, or sold, and also to all streams, tributaries thereof and lands adjacent thereto, the waters draining

"GA1979.1.718">

from which may come in contact with oysters and shall have the power to make such inspection of such places and to take such samples of oysters as they may deem necessary to carry out the purposes of this Section. (f) It shall be unlawful for any person to obstruct or in any way interfere with any employee of the Department in the performance of any duty under this Section., and inserting in lieu thereof a new Section 45-916 which shall read as follows: 45-916. Department to Inspect Oyster and Clam Beds. (a) The distribution, sale, or possession with intent to distribute or sell any oysters or clams shall be prima facie evidence that such oysters or clams were intended for use as food unless prior written approval from the Department authorizing such possession of oysters for the purpose of transplanting is presented. (b) Conservation rangers and other authorized representatives of the Department are hereby authorized to take samples, to enter and have access and to inspect during normal working hours and at any time when the licensed or authorized activity is being conducted, all oyster and clam beds, places of business, and other places where oysters, clams, or both, are grown, kept, stored, had in possession with intent to distribute, sell, give away, or are sold. Such personnel are also authorized at any time, except at places of business, to take such samples of oysters or clams as are necessary to carry out the purposes of this Chapter and to have access to and take samples from all streams, tributaries thereof and lands adjacent thereto, the waters draining from which may come into contact with oysters or clams. It shall be unlawful for any person to obstruct or in any way interfere with any conservation ranger or other authorized representative of the Department in carrying out the purposes of this Chapter. Section 48. Said Code Title is further amended by striking in its entirety the present Section 45-920, renumbered as Section 45-918, by Section 46 above, which reads as follows: 45-920. Distribution of Oyster Shells by Canning Factories and Shucking Plants. Every person owning or operating a factory

"GA1979.1.719">

for the canning of oysters, or a raw oyster shucking plant in this State, shall each year distribute upon the areas designated by the Department a quantity of oyster shells not exceeding 33 1/3 percent of the quantity required by such cannery or raw shucking plant during the preceding open season, which distribution or replanting shall be done under the direction or supervision of the Department within a radius of twenty (20) miles from the factory or shucking plant distributing the same and before the 1st day of June. Any failure or refusal to comply with this regulation shall subject the cannery or shucking plant to revocation of its certificate by the Department of Agriculture., and by inserting in lieu thereof a new Section 45-918 which reads as follows: 45-918. Distribution of Oyster Shells by Commercial Oyster Gatherers. (a) It shall be unlawful for any person gathering oysters for commercial purposes from beds other than those leased from the State to fail to do one of the following each year: (1) distribute upon areas designated by the Department at least thirty-three and one-third percent (33 1/3%) by volume of the oyster shells taken by such commercial oyster gatherer during the immediately preceding open season; or (2) transplant at least such amount by volume of oysters from unapproved growing areas in accordance with the requirements of this Chapter; or (3) transplant at least such amount by volume of cultch material. (b) Oyster shells taken from beds leased from the State remain the property of the State. It shall be unlawful for any person taking oysters from such beds to fail to return to such beds the shells taken therefrom in such amounts as are specified in the lease agreement. (c) Such shell deposition, oyster transplanting, or deposition of cultch material shall be done under the direction or supervision of the Department and shall be completed between April 1 and July 31 of each year. (d) For the purposes of this Section, cultch material means that material which is approved by the Department and which is conducive to larval oyster attachment including, but not limited to, oyster shells, clam shells, scrub oak brush, cement-coated shingles, aggregate lime rock two inches (2[UNK]) or less in diameter, nongalvanized wire fencing, and any other similar material.

"GA1979.1.720">

Section 49. Said Code Title is further amended by striking in its entirety the present Section 45-921, pertaining to utensils and premises of canning factories and shucking plants, and by renumbering the remaining Sections of Chapter 45-9 in consecutive order. Section 50. Said Code Title is further amended by striking in its entirety the present Section 45-922, renumbered as Section 45-919 and inserting in lieu thereof a new Section 45-919 which shall read as follows: 45-919. Shellfish Sanitation Program; Tags to Be Attached to Containers of Oysters and Clams. (a) The Department and the Department of Agriculture shall conduct a shellfish sanitation program sufficient to be certified by the U.S. Food and Drug Administration for interstate shipment of oysters and clams produced in this State. (b) It shall be unlawful for any person handling for shipping, oysters or clams in the shell to fail to ship such shellfish in clean barrels, bags, crates, baskets or other containers. A tag obtained from the Department shall be attached to each such container. It shall also be unlawful to fail to attach to each such container a tag obtained from the Department. Such tag shall indicate the place and date such oysters or clams were gathered, the name and address of such consignee, the kind of shell stock in such container, the name of the shipper and the Department of Agriculture Certificate Number. Section 51. Said Code Title is further amended by striking in its entirety the present Section 45-923, renumbered as Section 45-920, by Sections 46 and 49 above, and inserting in lieu thereof a new Section 45-920 which shall read as follows: 45-920. Lease of Oyster or Clam Beds from the Department. (a) Any lease of oyster beds, clam beds, or both from the Department in effect as of March 16, 1977, shall remain in full force and effect until the expiration of such lease or termination pursuant to law. (b) Any person desiring to lease any State-owned oyster beds, clam beds, or both, pursuant to the provisions of this Section shall make application therefor in writing to the Department. Such

"GA1979.1.721">

application shall include: the name and legal residence of the applicant; a National Oceanic and Atmospheric Administration (NOAA) chart indicating the area desired to be leased; the names and addresses of adjacent landowners as recorded on county tax maps; the proposed plans for working such beds; and such other information as the Department may require. Such application shall be accompanied by a certified check, cashier's check or money order in the amount of fifty dollars ($50.00) which shall serve as evidence of the good faith of the applicant, and which shall only be returned to an applicant who bids for but fails to secure a lease. The check or money order of an applicant securing a lease shall be applied to the amount due and owing to the Department under the terms of such lease. (c) Upon receipt of the application for the lease of oyster beds, clam beds, or both, the Department shall make an inspection of the area sought to be leased and ascertain the general nature, character, surroundings, and resource value of such area. In the event the Department determines that such area, or a portion thereof, is suitable for leasing and such a lease would be in the best interests of the State, the Department may then offer for lease, through public competitive bidding, all or any portion of the area described in the application. The Department shall cause to be published once a week for two (2) consecutive weeks in the legal organ of the county or counties wherein is situated the area to be bid upon, an advertisement of an invitation for bids setting forth therein an accurate description of the area proposed to be leased, the date, time and place when and where bids therefor will be received and such other information as the Department may deem necessary. Prior to such advertisement, the Department shall prepare a proposed form of lease and appropriate instructions which shall be furnished to prospective bidders under such conditions as the Department may prescribe. Sealed bids shall be submitted to the Department and each bid shall be accompanied by a bid bond in such form as the Department may prescribe. Such lease form shall contain provisions regarding the term of the lease, which shall be a maximum of fifteen (15) years, the time and place of payment for the lease, the method of taking oysters or clams, the replanting of oyster beds, the placement and type of posts used to mark the site of the leased area and such other terms as the Department deems necessary.

"GA1979.1.722">

(d) All bids shall be opened in public on the date and at the time and place specified in the advertisement of the invitation for bids. The Department shall formally determine and announce which bid and bidder it considers to be most advantageous to the State. In so considering, the Department shall give preference to residents over nonresidents who have submitted equal bids. The Department shall also give preference to persons who do not already lease oyster or clam beds, pursuant to this Section over other persons submitting equal bids. The Department shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding. (e) Oyster or clam beds leased pursuant to this Section shall be posted at the site by the lessee so as to clearly identify the area so leased. The lessee shall also have a copy of the lease recorded, within thirty (30) days of execution of such lease, by the clerk of the superior court wherein the leased area is located. Section 52. Said Code Title is further amended by deleting in the last sentence of subsection 45-1004 the words of Chapter 45-12 and inserting in lieu thereof: for wildlife, of Chapter 45-4; for game species, Chapter 45-3; and for wild animals, Chapter 45-11, so that when so amended, the last sentence of Section 45-1004 shall read as follows: Importation of any bird or animal for purposes of propagation, possession or release on a shooting preserve shall be in conformance with the requirements for wildlife, of Chapter 45-4; for game species, Chapter 45-3; and for wild animals, Chapter 45-11 of this Title. Section 53. 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

"GA1979.1.723">

parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 54. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 55. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. HOSPITALIZATION, TREATMENT, ETC. FOR THE MENTALLY ILL. Code Chapter 88-5 Amended. No. 468 (Senate Bill No. 163). AN ACT To amend Code Chapter 88-5, relating to hospitalization and treatment procedures for the mentally ill, as amended, particularly by Act Number 1358, approved April 4, 1978 (Ga. Laws 1978, p. 1789), so as to change certain definitions; to change certain provisions relating to confidentiality; to change certain provisions relating to appointment of counsel; to change certain provisions relating to transfer to voluntary status; to change certain provisions relating to determination of involuntary treatment; to change certain provisions relating to counsel for hearings before a hearing examiner; to change the procedure for continued hospitalization; to provide for taking into custody of certain persons on unauthorized leave; 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:

"GA1979.1.724">

Section 1. Code Chapter 88-5, relating to hospitalization and treatment procedures for the mentally ill, as amended, particularly by Act Number 1358, approved April 4, 1978 (Ga. Laws 1978, p. 1789), is hereby amended by inserting in subsection (c) of Section 88-501, relating to definitions, after the following: State-operated hospital, the following: , community mental health center,, so that when so amended, said subsection shall read as follows: (c) `Facility' shall mean any State-owned or State-operated hospital, community mental health center, 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;. Section 2. Said Code Chapter is further amended by inserting in paragraph (1) of subsection (r) of Section 88-501, relating to definitions, after the following: within the time required for such hearing, the following: or is unavailable to issue the order specified in Section 88-504.2(b), so that when so amended, said paragraph shall read as follows: (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 or is unavailable to issue the order specified in Section 88-504.2(b),

"GA1979.1.725">

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. Section 3. Said Code Chapter is further amended by striking from subsection (u) of Code Section 88-501, relating to definitions, the following: 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., and inserting in lieu thereof the following: If the patient cannot afford counsel, the court shall appoint counsel for him or the hearing examiner shall have the court appoint such counsel., so that when so amended, said subsection shall read as follows: (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 court appoint such counsel. However, the patient shall have the right to refuse in writing

"GA1979.1.726">

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;. Section 4. Said Code Chapter is further amended by striking paragraph (3) of subsection (a) of Section 88-502.12, relating to confidentiality, which reads as follows: (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;, and inserting in lieu thereof the following new paragraph: (3) When a patient is admitted to a facility, the patient's record or information contained in the record at another facility, community mental health center, or in the records of a private practitioner may be released to the admitting facility. When the service plan of a patient involves transfer of that patient to another facility, community mental health center, or private practitioner, the patient's record or information contained in the record may be released to that facility, community mental health center, or private practitioner;.

"GA1979.1.727">

Section 5. Said Code Chapter is further amended by adding at the end of subsection (c) of Section 88-502.12, relating to confidentiality, the following: Any person making a disclosure authorized by this Section shall not be liable to the patient or any other person notwithstanding any contrary provision of Code Section 38-418, as now or hereafter amended., so that when so amended, said subsection shall read as follows: (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. Any person making a disclosure authorized by this Section shall not be liable to the patient or any other person notwithstanding any contrary provision of Code Section 38-418, as now or hereafter amended. Section 6. Said Code Chapter is further amended by striking in Code Section 88-503.5, relating to transfer to voluntary status, the following: 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., and inserting in lieu thereof the following: Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred if he is able to understand and exercise the rights and powers of a voluntary patient, 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., so that when so amended, said Code Section shall read as follows:

"GA1979.1.728">

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 if he is able to understand and exercise the rights and powers of a voluntary patient, 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 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. Section 7 . Said Code Chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 88-506.2, relating to determination of involuntary treatment, which reads as follows: (3) a copy of the individualized service plan developed by the facility under this Chapter;, and inserting in lieu thereof the following: (3) a copy of the individualized service plan developed by the facility under this Chapter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the service plan is sent to the patient; Section 8 . Said Code Chapter is further amended by striking from subsection (d) of Section 88-506.4, relating to hearing examiners, the following:

"GA1979.1.729">

superior, so that when so amended, said subsection shall read as follows: (d) In the event a patient cannot afford counsel in a hearing before the hearing examiner, the hearing examiner shall apply to the 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. Section 9 . Said Code Chapter is further amended by striking in its entirety Code Section 88-506.5, relating to procedure for continued hospitalization, which reads as follows: 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

"GA1979.1.730">

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 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., and inserting in lieu thereof the following: 88-506.5. Procedure for continued hospitalization. (a) If continued hospitalization of a patient is necessary, the chief medical officer or his designee, prior to the expiration of the period during which the treatment facility is authorized to retain the patient by the provisions of this Chapter, shall apply for an order authorizing such continued hospitalization under the provisions of subsection (c) of this Section. (b) If the chief medical officer or his designee 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 seventeen, the chief medical officer or his designee 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 a patient after that time. (c) The chief medical officer or his designee may seek an order authorizing continued hospitalization for up to twelve months by filing a notice of such intended action to the `Committee for Continued Hospitalization Review' which notice will be forwarded to the committee at least sixty days prior to the expiration of that period

"GA1979.1.731">

during which the patient may be retained for hospitalization. The `Committee for Continued Hospitalization Review' shall be established by the chief medical officer of each facility and shall consist of not less than three physicians and not less than two other persons of a professional status. The committee may conduct its meetings with a quorum of any three members. The function of this committee shall be to review and evaluate the updated individualized service plan and to report to the chief medical officer its recommendations concerning the patient's need for continued hospitalization. No person who has responsibility for the care and treatment of the individual patient for whom continued hospitalization is requested shall serve on any committee which reviews such individual's case. (1) The committee shall meet to consider the request for an order within ten days of the date of the notice. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: The purpose of such meeting, the time and place of such meeting, of their right to be present at such meeting, and of their right to present any alternative individualized service plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attending physician shall present an updated individualized service plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or a member of the committee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the patient is a mentally ill person requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available. (2) If after considering the committee's recommendations and minority recommendations, if any, the chief medical officer or his designee, other than the attending physician or a member of the committee, determines that the patient is not a mentally ill person requiring involuntary treatment, the patient shall be immediately discharged from involuntary hospitalization. Such person may apply for voluntary admission subject to Code Section 88-503.5.

"GA1979.1.732">

(3) If after considering the committee's recommendations and minority recommendations, if any, the chief medical officer or his designee, other than the attending physician or member of the committee, determines that the patient is a mentally ill person requiring involuntary treatment, he shall, within ten days after receiving the committee's recommendations, serve a petition and a copy of the updated individualized service plan and the committee's report on the designated office within the Georgia Department of Human Resources and serve such petition along with a copy of the updated individualized service plan on the patient. A copy of the petition shall be served on his representatives. The petition shall contain a plain and simple statement that the patient or his representatives may file a request for a hearing with the hearing examiner within fifteen days after service of the petition by the committee, that the patient has a right to counsel, 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 if a hearing is so requested by the patient or the representatives unless the patient indicates in writing that he does not desire to be represented by counsel or has made his own arrangements for counsel. (4) If a hearing is not requested by the patient or the representatives within fifteen days of service of the petition on the patient and his representatives, the hearing examiner shall make an independent review of the committee's report, the updated individualized service plan and the petition. If he concludes that continued hospitalization may not be necessary or if he finds any member of the committee so concluded, then he shall order that a hearing be held pursuant to subsection (5) of this Section. If he concludes that continued hospitalization is necessary, then he shall order continued hospitalization for a period not to exceed one year. (5) If a hearing is requested within fifteen days of service of the petition on the patient and his representatives, or if the hearing examiner orders a hearing pursuant to subsection (4) above, the hearing examiner shall set a time and place for the hearing to be held within twenty-five days of the time the hearing examiner receives the request, but in any event, no later than the day on which the current order of involuntary hospitalization

"GA1979.1.733">

expires. Notice of the hearing shall be served on the patient and his representatives. Notice shall also be given to the facility and, when appropriate, to counsel for the patient. The hearing examiner, within his discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing except that the patient's attorney, when the patient is unable to attend the hearing and is incapable of consenting to a waiver of his appearance, may move that the patient not be required to appear; however, the record shall reflect the reasons for the hearing examiner's actions. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under subsections (c) and (d) of Section 88-506.2, provided, the hearing examiner may order the patient's continued hospitalization for a period not to exceed one year subject to the power of the chief medical officer to discharge the patient under Section 88-506.6(b). (6) The hearing examiner for a patient who was admitted under the jurisdiction of the juvenile court and who reaches the age of seventeen without having had a full and fair hearing pursuant to any provisions of this Chapter or without having waived such hearing shall order that a hearing be held pursuant to subsection (5) of this Section. Section 10. Said Code Chapter is further amended by inserting immediately following Section 88-507.8 a new Section, to be designated Section 88-507.9, to read as follows: 88-507.9. Unauthorized leave from a facility. If, during the period of involuntary hospitalization pursuant to any valid physician's certificate, court order, or order by the hearing examiner authorized by the provisions of this Chapter, a patient escapes or otherwise leaves a facility without permission, the facility may advise any peace officer that the patient has escaped or otherwise left the facility without permission, and the peace officer shall be authorized to take said patient into custody and return him to said facility. 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,

"GA1979.1.734">

which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. HABILITATION OF MENTALLY RETARDED PERSONS. Code Chapter 85-25 Amended. No. 469 (Senate Bill No. 164). AN ACT To amend Code Chapter 88-25, relating to habilitation of mentally retarded persons, as amended, particularly by Act Number 1360, approved April 4, 1978 (Ga. Laws 1978, p. 1826), so as to change certain definitions; to change certain provisions relating to restraints; to change certain provisions relating to confidentiality; to change certain findings required by the court; to provide for dental services; to change which courts may appoint counsel; to change the procedures for continued habilitation; to provide for clients on unauthorized leave; 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:

"GA1979.1.735">

Section 1. Code Chapter 88-25, relating to habilitation of mentally retarded persons, as amended, particularly by Act Number 1360, approved April 4, 1978 (Ga. Laws 1978, p. 1826), is hereby amended by striking from subsection (p) of Code Section 88-2502, relating to definitions, the following: 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., and inserting in lieu thereof the following: If the client cannot afford counsel, the court shall appoint counsel for him or the hearing examiner shall have the court appoint such counsel., so that when so amended, said subsection shall read as follows: (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 court appoint such counsel. The client shall have the right to confront and cross-examine witnesses and to offer evidence. The client 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 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;.

"GA1979.1.736">

Section 2. Said Code Chapter is further amended by striking in its entirety subsection (b) of Code Section 88-2503.5, relating to restraints and abuses, which reads as follows: (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., and inserting in lieu thereof the following new subsections: (b) Physical restraints shall not be applied, except in emergencies as provided in this subsection, unless it is determined by a physician to be necessary to prevent a client from seriously injuring himself or others. Restraints shall not be employed as punishment, for the convenience of the staff, or as a substitute for programs. The physician may order the application of restraints. The physician's order for restraints shall expire after twelve hours. The physician must then make a new determination that the application of restraints is necessary to prevent the client from seriously injuring himself or others and must make such a determination for each twelve-hour period that the restraint is continued. The physician must issue a written order for each use of restraints. When the application of a restraint is necessary in emergency situations to protect the client from immediate injury to himself or to others, restraints may be authorized by professional personnel who must immediately report the action taken to the physician. The facility shall have written policies and procedures which govern the use of restraints and which clearly delineate, in descending order, the personnel who can authorize the use of restraints in emergency situations. (c) Every use of restraint shall be made a part of the resident's clinical record. The following shall be documented in the record: (1) the reasons for applying the restraint, (2) the signature of the

"GA1979.1.737">

person authorizing the restraint, (3) the time of application and removal of the restraint, and (4) a record of checks at least every thirty minutes by a staff member trained in use of restraints with the signature of the person making such checks. A copy of each use of restraint shall be forwarded to the superintendent for review. (d) For the purposes of this Section, those devices which restrain movement, but are applied for protection from accidental injury or required for the medical treatment of the client's physical condition or for supportive or corrective needs of the client, shall not be considered physical restraints. However, devices used in such situations must be authorized and applied in compliance with the facilities' policies and procedures. The use of such devices shall be a part of the client's individual program plan. Section 3. Said Code Chapter is further amended by adding a new paragraph at the end of subsection (a) of Section 88-2503.12, relating to confidentiality, to read as follows: Any person making a disclosure authorized by this subsection (a) shall not be liable to the client or any other person notwithstanding any contrary provision of Code Section 38-418, as now or hereafter amended. Section 4. Said Code Chapter is further amended by striking in subsection (f) of Code Section 88-2504, relating to the procedures for orders to receive services from the department, the following: (3) that these services can be provided in said facility, and inserting in lieu thereof the following: (3) that the court has been notified by the department that a bed appropriate to the specific needs of the client is available and that the services indicated in the individualized program plan submitted to the court by the comprehensive evaluation team or by the client can be provided, so that when so amended, subsection (f) of Code Section 88-2504 shall read as follows:

"GA1979.1.738">

(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. 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 twenty-four-hour training in a residential care facility, and (3) that the court has been notified by the department that a bed appropriate to the specific needs of the client is available and that the services indicated in the individualized program plan submitted to the court by the comprehensive evaluation team or by the client can be provided. 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. Section 5. Said Code Chapter is further amended by adding after Code Section 88-2504.1 a new Code Section to be designated Code Section 88-2504.2, to read as follows:

"GA1979.1.739">

88-2504.2. Dental services. The superintendent or his designee of any facility may admit, for purposes of receiving dental services not otherwise available in the community any person eighteen years of age or older requesting dental services, any person for whom such a request is made by his parents, guardian, or person standing in loco parentis, and any person who has been declared legally incompetent and for whom such a request is made by his guardian. The purpose and length of such an admission shall not exceed the time necessary to receive dental services deemed appropriate by persons authorized to practice dentistry in this State, but such time period may also include the normal time for recovery from such services. Section 6. Said Code Chapter is further amended by striking from the first sentence of subsection (d) of Section 88-2506, relating to hearing examiners, the following: superior, so that when so amended, said subsection shall reads as follows: (d) In the event a client cannot afford counsel in a hearing before the hearing examiner, the hearing examiner shall apply to the 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. Section 7. Said Code Chapter is further amended by striking in its entirety Code Section 88-2507, relating to procedure for continued habilitation, which reads as follows: 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

"GA1979.1.740">

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 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., and inserting in lieu thereof a new Code Section 88-2507, to read as follows: 88-2507. Procedure for continued habilitation. (a) If continued habilitation of a client is necessary, the superintendent or his designee shall, prior to the expiration of the period during which the facility is authorized to retain the client by the provisions of this

"GA1979.1.741">

Chapter, apply for an order authorizing such continued habilitation under the provisions of subsection (b) of this Section. (b) The superintendent or his designee may seek an order authorizing continued habilitation for up to twelve months by filing a notice of such intended action to the `Committee for Continued Habilitation Review', which notice will be forwarded to the committee at least sixty days prior to the expiration of that period during which the client may be retained for habilitation. The `Committee for Continued Habilitation Review' shall be established by the superintendent of each facility and shall consist of not less than five persons who meet the same requirements as those persons eligible to be members of the comprehensive evaluation team as defined in Section 88-2502. The committee may conduct its meetings with a quorum of any three members. The function of this committee shall be to review and evaluate the updated individualized program plan and to report to the superintendent or his designee its recommendations concerning the client's need for continued habilitation. No person who has responsibility for the habilitation of the individual client for whom continued habilitation is requested shall serve on any committee which reviews such individual's case. (1) The committee shall meet to consider the request for an order within ten days after the date of the notice. Prior to the committee's meeting, the client and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, of their right to be present at such meeting, and of their right to present any alternative individualized program plan secured at their expense. In those cases in which the client will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the client and report to the committee. An updated individualized program plan for the client shall be presented to the committee. The committee shall report to the superintendent or his designee, other than the attending physician or a member of the committee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the client is a mentally retarded person requiring continued habilitation and whether continued habilitation is the least restrictive alternative available.

"GA1979.1.742">

(2) If after considering the committee's recommendations and minority recommendations, if any, the superintendent or his designee, other than the attending physician or a member of the committee, determines that the client is not a mentally retarded person requiring continued habilitation, the client shall be discharged from the facility pursuant to Section 88-2508(b). (3) If after considering the committee's recommendations and minority recommendations, if any, the superintendent or his designee, other than the client's attending physician or a member of the committee, determines that the client is a mentally retarded person requiring continued habilitation, he shall, within ten days after receiving the committee's recommendations, serve a petition and a copy of the updated individualized program plan and committee's report on the designated office within the Georgia Department of Human Resources and serve such petition along with a copy of the updated individualized program plan on the client. A copy of the petition shall contain a plain and simple statement that the client or his representatives may file a request for a hearing with the hearing examiner within fifteen days after service of the petition by the committee and 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 if a hearing is so requested by the client or the representatives unless the client indicates in writing that he will have retained counsel by the time set for hearing or does not desire to be represented by counsel. (4) If a hearing is not requested by the client or the representatives within fifteen days after service of the petition on the client and his representatives, the hearing examiner shall make an independent review of the committee's report, the updated individualized program plan and the petition. If he concludes that continued habilitation may not be necessary or if he finds any member of the committee so concluded, then he shall order that a hearing be held pursuant to subsection (5) of this Section. If he concludes that continued habilitation is necessary, then he shall order continued habilitation for a period not to exceed one year.

"GA1979.1.743">

(5) If a hearing is requested within fifteen days after service of the petition on the client and his representatives, or if the hearing examiner orders a hearing pursuant to subsection (4) above, the hearing examiner shall set a time and place for the hearing to be held within twenty-five days of the time the hearing examiner receives the request, but, in any event, no later than the day on which the current order for habilitation expires. Notice of the hearing shall be served on the client and his representatives. Notice shall also be given to the facility and, when appropriate, to counsel for the client. The hearing examiner, within his discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing except that the client's attorney, when the client is unable to attend the hearing and is incapable of consenting to a waiver of his appearance, may move that the client not be required to appear; however, the record shall reflect the reasons for the hearing examiner's actions. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under subsection (f) of Section 88-2504, provided, the hearing examiner may order the client's continued habilitation for a period not to exceed one year subject to the power of the superintendent to discharge the client under Section 88-2508(b). (6) The hearing examiner for a client who was admitted under the jurisdiction of the juvenile court and who reaches the age of seventeen without having had a full and fair hearing pursuant to any provisions of this Chapter or without having waived such hearing shall order that a hearing be held pursuant to subsection (5) of this Section. Section 8. Said Code Chapter is further amended by adding following Section 88-2509.8 a new Section, to be designated Code Section 88-2509.9, to read as follows: 88-2509.9. Unauthorized leave from a facility. If during the period of habilitation authorized by provisions of this Chapter a client escapes or otherwise leaves a facility without permission, the facility may advise any peace officer that the client has escaped or otherwise left the facility without permission and the peace officer shall be authorized to take said client into custody and return him to said facility.

"GA1979.1.744">

Section 9. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. HOSPITALIZATION, ETC. FOR ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS AND DRUG ABUSERS. Code Chapter 88-4 Amended. No. 470 (Senate Bill No. 165). AN ACT To amend Code Chapter 88-4, relating to hospitalization and treatment procedures for alcoholics and drug dependent individuals and drug abusers, as amended, particularly by Act Number 1361, approved April 4, 1978 (Ga. Laws 1978, p. 1856), so as to change certain definitions; to change certain provisions relating to confidentiality; to change certain provisions relating to authority to receive voluntary patients; to change certain provisions relating to transfer to voluntary status; to change certain provisions relating to determination of involuntary treatment; to change certain provisions relating

"GA1979.1.745">

to counsel for hearings before a hearing examiner; to change the procedure for continued hospitalization; to provide for taking into custody of certain persons on unauthorized leave; 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 88-4, relating to hospitalization and treatment procedures for alcoholics and drug dependent individuals and drug abusers, as amended, particularly by Act Number 1361, approved April 4, 1978 (Ga. Laws 1978, p. 1856), is hereby amended by inserting in subsection (e) of Section 88-401, relating to definitions, after the following: State-operated hospital, the following: ,community mental health center,, so that when so amended, said subsection shall read as follows: (e) `Facility' shall mean any State-owned or State-operated hospital, community mental health center, 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;. Section 2. Said Code Chapter is further amended by inserting in paragraph (1) of subsection (t) of Section 88-401, relating to definitions, after the following: within the time required for such hearing, the following: or is unavailable to issue the order specified in Section 88-404.2(b),

"GA1979.1.746">

so that when so amended, said paragraph shall read as follows: (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 or is unavailable to issue the order specified in Section 88-404.2(b), 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. Section 3. Said Code Chapter is further amended by striking from subsection (w) of Code Section 88-401, relating to definitions, the following: 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., and inserting in lieu thereof the following: If the patient cannot afford counsel, the court shall appoint counsel for him or the hearing examiner shall have the court appoint such counsel., so that when so amended, said subsection shall read as follows: (w) `Full and fair hearing' or `hearing' shall mean a proceeding before a hearing examiner, under Section 88-406.5, or before a

"GA1979.1.747">

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 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;. Section 4. Said Code Chapter is further amended by striking paragraph (2) of subsection (a) of Section 88-402.12, relating to confidentiality, which reads as follows: (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;, and inserting in lieu thereof the following new paragraph: (2) When a patient is admitted to a facility, the patient's record or information contained in the record at another facility, community mental health center, or in the records of a private practitioner may be released to the admitting facility. When the treatment plan of a patient involves transfer of that patient to another

"GA1979.1.748">

facility, community mental health center, or private practitioner, the patient's record or information contained in the record may be released to that facility, community mental health center, or private practitioner;. Section 5. Said Code Chapter is further amended by adding at the end of subsection (c) of Section 88-402.12, relating to confidentiality, the following: Any person making a disclosure authorized by this Section shall not be liable to the patient or any other person notwithstanding any contrary provision of Code Section 38-418, as now or hereafter amended., so that when so amended, said subsection shall read as follows: (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. Any person making a disclosure authorized by this Section shall not be liable to the patient or any other person notwithstanding any contrary provision of Code Section 38-418, as now or hereafter amended. Section 6. Said Code Chapter is further amended by striking from subsection (a) of Code Section 88-403.1, relating to authority to receive voluntary patients, the following: 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., and inserting in lieu thereof the following: 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

"GA1979.1.749">

or 88-403.3; provided, however, that the parents or guardian of a minor child must give written consent to such inpatient treatment., so that when so amended, subsection (a) of Code Section 88-403.1 shall read as follows: (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 inpatient treatment. An individualized treatment plan shall be developed for such person as soon as possible. Section 7. Said Code Chapter is further amended by striking in Code Section 88-403.5, relating to transfer to voluntary status, the following: 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., and inserting in lieu thereof the following: Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred if he is able to understand and exercise the rights and powers of a voluntary patient, 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.,

"GA1979.1.750">

so that when so amended, said Code Section shall read as follows: 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 if he is able to understand and exercise the rights and powers of a voluntary patient, 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 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. Section 8. Said Code Chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 88-406.2, relating to determination of involuntary treatment, which reads as follows: (3) a copy of the individualized treatment plan developed by the facility under this Chapter;, and inserting in lieu thereof the following: (3) a copy of the individualized treatment plan developed by the facility under this Chapter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the treatment plan is sent to the patient;.

"GA1979.1.751">

Section 9. Said Code Chapter is further amended by striking from subsection (d) of Section 88-406.4, relating to hearing examiners, the following: superior, so that when so amended, said subsection shall read as follows: (d) In the event a patient cannot afford counsel in a hearing before the hearing examiner, the hearing examiner shall apply to the 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. Section 10. Said Code Chapter is further amended by striking in its entirety Code Section 88-406.5, relating to procedure for continued hospitalization, which reads as follows: 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

"GA1979.1.752">

(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 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., and inserting in lieu thereof the following: 88-406.5. Procedure for continued hospitalization. (a) If continued hospitalization of a patient is necessary, the chief medical officer or his designee, prior to the expiration of the period during which the treatment facility is authorized to retain the patient by the provisions of this Chapter, shall apply for an order authorizing such continued hospitalization under the provisions of subsection (c) of this Section. (b) If the chief medical officer or his designee 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 seventeen, the chief medical officer or his designee 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 a patient after that time.

"GA1979.1.753">

(c) The chief medical officer or his designee may seek an order authorizing continued hospitalization for up to twelve months by filing a notice of such intended action to the `Committee for Continued Hospitalization Review' which notice will be forwarded to the committee at least sixty days prior to the expiration of that period during which the patient may be retained for hospitalization. The `Committee for Continued Hospitalization Review' shall be established by the chief medical officer of each facility and shall consist of not less than three physicians and not less than two other persons of a professional status. The committee may conduct its meetings with a quorum of any three members. The function of this committee shall be to review and evaluate the updated individualized treatment plan and to report to the chief medical officer its recommendations concerning the patient's need for continued hospitalization. No person who has responsibility for the care and treatment of the individual patient for whom continued hospitalization is requested shall serve on any committee which reviews such individual's case. (1) The committee shall meet to consider the request for an order within ten days of the date of the notice. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: The purpose of such meeting, the time and place of such meeting, of their right to be present at such meeting, and of their right to present any alternative individualized treatment plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attending physician shall present an updated individualized treatment plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or a member of the committee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the patient is an alcoholic, drug dependent individual, or drug abuser requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available. (2) If after considering the committee's recommendations and minority recommendations, if any, the chief medical officer or his designee, other than the attending physician or a member of the committee, determines that the patient is not an alcoholic,

"GA1979.1.754">

drug dependent individual, or drug abuser requiring involuntary treatment, the patient shall be immediately discharged from involuntary hospitalization. Such person may apply for voluntary admission subject to Code Section 88-403.5. (3) If after considering the committee's recommendations and minority recommendations, if any, the chief medical officer or his designee, other than the attending physician or member of the committee, determines that the patient is an alcoholic, drug dependent individual, or drug abuser requiring involuntary treatment, he shall, within ten days after receiving the committee's recommendations, serve a petition and a copy of the updated individualized treatment plan and the committee's report on the designated office within the Georgia Department of Human Resources and serve such petition along with a copy of the updated individualized treatment plan on the patient. A copy of the petition shall be served on his representatives. The petition shall contain a plain and simple statement that the patient or his representatives may file a request for a hearing with the hearing examiner within fifteen days after service of the petition by the committee, that the patient has a right to counsel, 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 if a hearing is so requested by the patient or the representatives unless the patient indicates in writing that he does not desire to be represented by counsel or has made his own arrangements for counsel. (4) If a hearing is not requested by the patient or the representatives within fifteen days of service of the petition on the patient and his representatives, the hearing examiner shall make an independent review of the committee's report, the updated individualized treatment plan and the petition. If he concludes that continued hospitalization may not be necessary or if he finds any member of the committee so concluded, then he shall order that a hearing be held pursuant to subsection (5) of this Section. If he concludes that continued hospitalization is necessary, then he shall order continued hospitalization for a period not to exceed one year.

"GA1979.1.755">

(5) If a hearing is requested within fifteen days of service of the petition on the patient and his representatives, or if the hearing examiner orders a hearing pursuant to subsection (4) above, the hearing examiner shall set a time and place for the hearing to be held within twenty-five days of the time the hearing examiner receives the request, but in any event, no later than the day on which the current order of involuntary hospitalization expires. Notice of the hearing shall be served on the patient and his representatives. Notice shall also be given to the facility and, when appropriate, to counsel for the patient. The hearing examiner, within his discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing except that the patient's attorney, when the patient is unable to attend the hearing and is incapable of consenting to a waiver of his appearance, may move that the patient not be required to appear; however, the record shall reflect the reasons for the hearing examiner's actions. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under subsections (c) and (d) of Section 88-406.2, provided, the hearing examiner may order the patient's continued hospitalization for a period not to exceed one year subject to the power of the chief medical officer to discharge the patient under Section 88-406.6(b). (6) The hearing examiner for a patient who was admitted under the jurisdiction of the juvenile court and who reaches the age of seventeen without having had a full and fair hearing pursuant to any provisions of this Chapter or without having waived such hearing shall order that a hearing be held pursuant to subsection (5) of this Section. Section 11. Said Code Chapter is further amended by inserting immediately following Section 88-407.8 a new Section, to be designated Section 88-407.9, to read as follows: 88-407.9. Unauthorized leave from a facility. If, during the period of involuntary hospitalization pursuant to any valid physician's certificate, court order, or order by the hearing examiner authorized by the provisions of this Chapter, a patient escapes or otherwise leaves a facility without permission, the facility may advise any peace officer that the patient has escaped or otherwise left the facility without permission, and the peace officer shall be

"GA1979.1.756">

authorized to take said patient into custody and return him to said facility. Section 12. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. 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 April 12, 1979. UNIFORM COMMERCIAL CODE AMENDEDMODIFICATION OF WARRANTIES. Code Section 109A-2-316 Amended. No. 471 (Senate Bill No. 166). AN ACT To amend Code Section 109A-2316, relating to exclusion or modification of warranties, as amended, so as to provide that with respect to the sale of cattle, hogs and sheep at auction or by an agent, there shall be no implied warranty that the cattle, hogs and sheep are free from disease; to provide an effective date; to provide exceptions; to repeal conflicting laws; and for other purposes.

"GA1979.1.757">

Be it enacted by the General Assembly of Georgia: Section 1. Code Section 109A-2316, relating to exclusion or modification of warranties, as amended, is hereby amended by striking the period at the end of paragraph (c) of subsection (3) and inserting in lieu thereof a semicolon and by adding a new paragraph (d) to read as follows: (d) with respect to the sale of cattle, hogs and sheep by a licensed auction company or by an agent, there shall be no implied warranty by said auction company or agent that the cattle, hogs and sheep are free from disease. Provided, however, that the provisions of this subsection shall not be applicable to brucellosis reactor cattle detected at an official State Laboratory within 30 days following the date of sale. so that when so amended, Code Section 109A-2316 shall read as follows: 109A-2316. Exclusion or Modification of Warranties. (1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this Article on parol or extrinsic evidence (109A-2202) negation or limitation is inoperative to the extent that such construction is unreasonable. (2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that `There are no warranties which extend beyond the description on the face hereof.' (3) Notwithstanding subsection (2) (a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like `as is', `with all faults' or other language which in common understanding calls

"GA1979.1.758">

the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty; and (b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him; and (c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade; (d) with respect to the sale of cattle, hogs and sheep by a licensed auction company or by an agent, there shall be no implied warranty by said auction company or agent that the cattle, hogs and sheep are free from disease. Provided, however, that the provisions of this subsection shall not be applicable to brucellosis reactor cattle detected at an official State Laboratory within 30 days following the date of sale. (4) Remedies for breach of warranty can be limited in accordance with the provisions of this Article on liquidation or limitation of damages and on contractual modification of remedy (109A-2718 and 2719). (5) The implied warranty of merchantability under Section 109A-2314 and the implied warranty of fitness for a particular purpose under Section 109A-2315 shall not be applicable to the procurement, processing, storage, distribution or use of whole human blood, blood plasma, blood products, blood derivatives or other human tissue or organs for the purpose of injecting, transfusing, incorporating or transplanting any of them into the human body. The injection, transfusion or other transfer of blood, blood plasma, blood products or blood derivatives and the transplanting or other transfer of any tissue, bones or organs into or unto the human body shall not be considered, for the purpose of this Article, commodities subject to sale or barter, but shall be considered as medical services. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1979.1.759">

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. MOTOR VEHICLE OPERATORS LICENSESDEPOSIT OF LICENSE AS BAIL. No. 472 (Senate Bill No. 174). AN ACT To amend an Act permitting drivers' licenses to be deposited as bail on arrest for certain traffic offenses, approved April 13, 1973 (Ga. Laws 1973, p. 435), as amended, so as to change the provisions relating to the allowance of the use of drivers' licenses as bail in arrests for violation of certain traffic 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 permitting drivers' licenses to be deposited as bail on arrest for certain traffic offenses, approved April 13, 1973 (Ga. Laws 1973, p. 435), as amended, is hereby amended by adding at the end of the first sentence, following the word officer, the following: ; provided, however, that any such person who is arrested by an officer for the violation of a traffic law or traffic ordinance, except any offense for which a license may be suspended by the Commissioner of Public Safety for a first offense, shall be entitled to deposit his chauffeur's or driver's license with the judicial officer or officer now authorized to accept cash bonds in lieu of bail, so that when so amended, Section 1 shall read as follows:

"GA1979.1.760">

Section 1. Any other laws of the State of Georgia to the contrary notwithstanding, any person who is arrested by an officer for the violation of a traffic law or traffic ordinance, except any offense for which a license may be suspended by the Commissioner of Public Safety for a first offense, upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may, upon agreement with the arresting officer, deposit his chauffeur's or driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer; provided, however, that any such person who is arrested by an officer for the violation of a traffic law or traffic ordinance, except any offense for which a license may be suspended by the Commissioner of Public Safety for a first offense, shall be entitled to deposit his chauffeur's or driver's license with the judicial officer or officer now authorized to accept cash bonds in lieu of bail. A receipt for such license or deposit shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this State during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended or cancelled; provided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter. Upon receipt of the license as bail, the officer may release the person so charged as above provided for his further appearance before the proper judicial officer as provided for and required by the summons. The court in which the charges lodge shall immediately forward to the Department of Public Safety of the State of Georgia the license which was deposited in lieu of bail if the driver fails to appear and answer to the charge against him. The Commissioner of Public Safety shall, upon receipt of a license so forwarded by the court, suspend the driver's license and driving privilege of the defaulting driver until notified by the court that the charge against such driver has been finally adjudicated.

"GA1979.1.761">

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 12, 1979. CRIMINAL PROCEDUREVIDEO TAPE AS EVIDENCE. No. 473 (Senate Bill No. 175). 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), as amended by an Act approved April 11, 1978 (Ga. Laws 1978, p. 2260), so as to provide that certain video tapes 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), as amended by an Act approved April 11, 1978 (Ga. Laws 1978, p. 2260), is hereby amended by inserting in subsection (a) of Section 10A thereof, after the word: Photographs, the following: , video tapes,,

"GA1979.1.762">

so that when so amended subsection (a) of Section 10A shall read as follows: (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, video tapes, 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. DEFENSES TO ACTIONS FOR FALSE ARREST AND FALSE IMPRISONMENT. No. 474 (Senate Bill No. 177). AN ACT To amend an Act pertaining to actions of false arrest and false imprisonment and providing defenses thereto under certain circumstances where arrest or detention occurs in mercantile establishments and where plaintiff in such action has conducted himself in such manner as to bring about such arrest or detention, approved March 25, 1958 (Ga. Laws 1958, p. 693), so as to permit the reasonable

"GA1979.1.763">

detention of a person under certain circumstances when the person is leaving or has left a mercantile establishment equipped with an anti-shoplifting or inventory control device; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act pertaining to actions of false arrest and false imprisonment and providing defenses thereto under certain circumstances where arrest or detention occurs in mercantile establishments and where plaintiff in such action has conducted himself in such manner as to bring about such arrest or detention, approved March 25, 1958 (Ga. Laws 1958, p. 693), is hereby amended by adding a new Section after Section 1 thereof, to be designated Section 1A, to read as follows: Section 1A. (a) As used in this Section, `anti-shoplifting or inventory control device' means a mechanism or other device designed and operated for the purpose of detecting the removal from a mercantile establishment or similar enclosure, or from a protected area within such an enclosure, of specially marked or tagged merchandise. (b) In the case of a mercantile establishment utilizing an antishoplifting or inventory control device, the automatic activation of the device as a result of a person exiting the establishment or a protected area within the establishment shall constitute reasonable cause for the detention of the person so exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator. Each such detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device. (c) The provisions of this Section shall apply only with respect to mercantile establishments in which a notice has been posted in a clear and visible manner advising patrons of the establishment that an anti-shoplifting or inventory control device is being utilized in the establishment.

"GA1979.1.764">

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. CRIMESCRIMINAL TRESPASS. Code Section 26-1503 Amended. No. 475 (Senate Bill No. 176). AN ACT To amend Code Section 26-1503, relating to criminal trespass, so as to change certain circumstances under which a person commits criminal trespass; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 26-1503, relating to criminal trespass, is hereby amended by striking subsection (b) thereof in its entirety and substituting in lieu thereof a new subsection (b), to read as follows: (b) A person commits criminal trespass when he knowingly and without authority: (1) Enters upon the land or premises of another person, or into any part of any vehicle, railroad car, aircraft, or watercraft of another person, for an unlawful purpose; or (2) Enters upon the land or premises of another person, or into any part of any vehicle, railroad car, aircraft, or watercraft of another person, after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification,

"GA1979.1.765">

an authorized representative of the owner or rightful occupant that such entry is forbidden; or (3) Remains upon the land or premises of another person, or within the vehicle, railroad car, aircraft, or watercraft of another person, after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. ELECTIONSOFFICE HOURS OF ELECTION SUPERINTENDENTS, ETC. IN CERTAIN COUNTIES (600,000 OR MORE). Code Section 34-1501 Amended. No. 476 (Senate Bill No. 186). AN ACT To amend Code Section 34-1501, relating to requiring the office of election superintendents and county boards of registrars to remain open during primaries and elections until completion of the count, so as to provide that the requirement relating to the county board of registrars does not apply in counties having a population of 600,000 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:

"GA1979.1.766">

Section 1. Code Section 34-1501, relating to requiring the office of election superintendents and county boards of registrars to remain open during primaries and elections until completion of the count, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 34-1501, to read as follows: 34-1501. Office of superintendent and county board of registrars to remain open during primaries and elections and until completion of count.(a) Each superintendent and chairman of the county board of registrars shall cause his office to remain open during the entire duration of each primary and election, and after the close of the polls, until all the ballot boxes and returns have been received in the office of the superintendent, or received in such other place as has been designated by him. (b) The provisions of this Section relating to the office of chairman of the county board of registrars shall not apply with respect to such offices in counties having a population of 600,000 or more, according to the United States Decennial Census of 1970 or any future such census. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. COUNCIL ON MATERNAL AND INFANT HEALTHMEMBERSHIP. No. 477 (Senate Bill No. 196). 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.

"GA1979.1.767">

Laws 1974, p. 269), and an Act approved April 4, 1978 (Ga. Laws 1978, p. 1763), so as to change the membership of said Council; 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), and an Act approved April 4, 1978 (Ga. Laws 1978, p. 1763), 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 seventeen persons appointed by the Governor and confirmed by the Senate for terms of four years each and until their successors are appointed and qualified. The appointees shall be composed of a cross section of professional and institutional personnel with representatives of the general public and shall include an equal number of obstetricians, pediatricians, family practitioners, and consumers. 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 12, 1979.

"GA1979.1.768">

CRIMESSERIOUS INJURY BY VEHICLE. Code Section 68A-903.1 Enacted. No. 478 (Senate Bill No. 197). AN ACT To amend Code Chapter 68A-9, relating to serious traffic offenses, as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 977), so as to define the offense of serious injury by vehicle; to prescribe punishment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 68A-9, relating to serious traffic offenses, as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 977), is hereby amended by inserting following Code Section 68A-903 a new Code Section 68A-903.1 to read as follows: 68A-903.1. Serious injury by vehicle. Whoever, without malice, shall cause bodily harm to another by depriving him of an arm, leg, or eye through the violation of Section 68A-902, relating to drivers with ability impaired by alcohol or drugs, shall be guilty of the crime of serious injury by vehicle. A person convicted under this Section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

"GA1979.1.769">

OCMULGEE JUDICIAL CIRCUITADDITIONAL JUDGE. No. 479 (Senate Bill No. 204). AN ACT To provide for an additional judge of the Superior Courts of the Ocmulgee Judicial Circuit; to provide for the initial appointment and subsequent election of such judge; to provide for his term of office; to provide for compensation; to provide for powers and duties; to provide for rules of procedure; to provide for the division and allocation of work and duties; to provide for a chief judge of said circuit; to provide for an additional court reporter for said circuit; to provide the procedure connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the provisions of Article VI, Section III, Paragraph I of the Constitution of Georgia, and as provided hereinafter, a new judge of the superior courts is hereby added to the Ocmulgee Judicial Circuit, thereby increasing to three the number of judges of said circuit. Section 2. Such additional judge shall be initially appointed by the Governor to take office immediately upon the date this Act becomes law, for a term ending on December 31, 1980, and until his successor is elected and qualified. Thereafter, beginning with the general election to be held in 1980, the additional judge shall be elected for a term of four years, and until his successor is elected and qualified, and such election shall be held and conducted in the same manner as is now or as may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Section 3. Such additional judge shall have and may exercise all powers, duties, jurisdiction, privileges and immunities of a judge of the superior courts. Either of the three judges of the superior courts of said circuit may preside over any cause therein and perform any official act as judge thereof. The additional judge shall be compensated in the same manner as other judges of the superior courts are

"GA1979.1.770">

compensated, and he shall receive and be entitled to the same allowances as other judges of the superior courts receive. He shall also be entitled to and receive the same additional compensation as may be paid by any county in said circuit to the present judges of such circuit. Section 4. The three judges of said circuit are hereby authorized to adopt, promulgate, amend, and enforce such rules of practice and procedure as are consistent with the Constitution and laws of this State, as they deem suitable and proper for the effective transaction of the business of the superior courts of said circuit. Section 5. The three judges, in transacting the business of the superior courts of said circuit and in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between said judges in respect to the aforesaid, the decision of the senior judge in point of continuous service as superior court judge shall be controlling. In the event that neither of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar shall be considered the senior judge. Section 6. The judge who is senior in point of continuous service as superior court judges shall be the chief judge of said circuit. In the event that neither of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar shall be chief judge. Section 7. The three judges of the Ocmulgee 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 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 12, 1979.

"GA1979.1.771">

USE OF RADAR SPEED DETECTION DEVICES REGULATED. No. 480 (Senate Bill No. 207). 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, particularly by an Act approved April 5, 1978 (Ga. Laws 1978, p. 68), an Act approved April 11, 1978 (Ga. Laws 1978, p. 2254), and an Act approved April 11, 1978 (Ga. Laws 1978, p. 2256), so as to provide for the applicability of certain provisions of said Act to the use of speed detection devices by officers and members of the Uniform Division of the Department of Public Safety and other law enforcement officers employed by the State of Georgia; to provide for restrictions and qualifications on the use of such speed detection devices by such State law enforcement officers; 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, particularly by an Act approved April 5, 1978 (Ga. Laws 1978, p. 68), an Act approved April 11, 1978 (Ga. Laws 1978, p. 2254), and an Act approved April 11, 1978 (Ga. Laws 1978, p. 2256), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The law enforcement officers of the various counties and municipalities may use speed detection devices only if 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

"GA1979.1.772">

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, one hour before, during and one hour after the normal hours of school operation, 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 State, county or municipal 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) (1) Each State, county or municipal law enforcement officer using a radar device shall 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 State, county or municipal law enforcement agency until it has been serviced, calibrated and recertified by a technician with the qualifications specified in subsection (c). (2) Each county or municipal law enforcement officer using a radar device shall 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

"GA1979.1.773">

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 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 county or municipal law enforcement agency until it has been serviced, calibrated and recertified by a technician with the qualifications specified in subsection (c). Section 2. Said Act is further amended by adding to Section 6 immediately following the words Evidence obtained by the following: county or municipal, and by adding to the last sentence of Section 6 immediately following the words shall be employed, the following: by county or municipal law enforcement officers, so that when so amended Section 6 shall read as follows: Section 6. Evidence obtained by county or municipal 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 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government 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 30 days following a reduction of the speed limit in the area where the violation took place. No speed detection device shall be employed by county or municipal law enforcement officers on any portion of any highway which has a grade in excess of seven percent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

"GA1979.1.774">

PLACES OF DETENTION UNDER THE JUVENILE COURT CODE. Code Section 24A-1403 Amended. No. 481 (Senate Bill No. 212). AN ACT To amend Code Section 24A-1403, relating to place of detention under the Juvenile Court Code, as amended, so as to provide that in certain circumstances the Interstate Compact on Juveniles (Ga. Laws 1972, p. 784) shall apply to a child alleged to be unruly; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 24A-1403, relating to place of detention under the Juvenile Court Code, as amended, is hereby amended by adding at the end of subsection (e) a new sentence to read as follows: Provided, further, in the event a child alleged to be unruly comes within the purview of the Interstate Compact on Juveniles (Ga. Laws 1972, p. 784) and the proper authorities of a demanding state have made an official return request to the proper authorities of this State, the provisions of the Interstate Compact on Juveniles shall apply to said child., so that when so amended, subsection (e) of Code Section 24A-1403 shall read as follows: (e) A child alleged to be unruly may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) or in a secure juvenile detention facility for a period not to exceed 72 hours; provided, however, upon written order of the judge having jurisdiction of the case and upon good cause

"GA1979.1.775">

shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours. A child unruly or alleged to be unruly may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) or in a secure juvenile detention facility. In no case shall an unruly or alleged unruly child be held in a secure detention facility longer than a total period of 72 hours; provided, however, upon written order of the judge having jurisdiction of the case and upon good cause shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours. Provided, further, in the event a child alleged to be unruly comes within the purview of the Interstate Compact on Juveniles (Ga. Laws 1972, p. 784) and the proper authorities of a demanding state have made an official return request to the proper authorities of this State, the provisions of the Interstate Compact on Juveniles shall apply to said child. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDEXEMPTIONS FOR CERTAIN VEHICLES. No. 482 (Senate Bill No. 222). 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), an Act approved March 25, 1974 (Ga. Laws 1974, p. 633), and an Act approved April 3, 1978 (Ga. Laws 1978, p. 1367), so as to provide an exemption for

"GA1979.1.776">

certain motor vehicles, operated by local transit systems, which transport school children to and from school; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 586), an Act approved March 25, 1974 (Ga. Laws 1974, p. 633), and an Act approved April 3, 1978 (Ga. Laws 1978, p. 1367), is hereby amended by adding at the end of Section 89, relating to school buses, a new subsection (i), to read as follows: (i) Nothing in this Section shall apply to motor vehicles operated by a local transit system which transport school children to and from school on regular or scheduled routes of a transit vehicle along with regular fare-paying passengers. 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 12, 1979. EXCEPTIONS TO ACT REGULATING INSTALLATION OF PLUMBING FACILITIES. No. 483 (Senate Bill No. 228). AN ACT To amend an Act providing that the construction of any building of any type shall not be initiated within this State which utilizes

"GA1979.1.777">

certain plumbing facilities which exceed a certain water rate, approved March 14, 1978 (Ga. Laws 1978, p. 914), so as to provide for an exemption relative to new construction under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the construction of any building of any type shall not be initiated within this State which utilizes certain plumbing facilities which exceed a certain water rate, approved March 14, 1978 (Ga. Laws 1978, p. 914), is hereby amended by striking subsection (c) of Section 1 in its entirety and inserting in lieu thereof a new subsection (c) of Section 1, to read as follows: (c) Counties and municipalities are hereby authorized and directed to provide by ordinance for an exemption to the requirements of subsections (a) and (b) of this Section, relative to new construction and 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 (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:

"GA1979.1.778">

(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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. SUPPLEMENTAL APPROPRIATIONS ACT. No. 484 (House Bill No. 4). AN ACT To provide supplementary appropriations for the fiscal year ending June 30, 1979, in addition to any other appropriations heretofore or hereafter made for the operation of State government and the purposes provided for herein; to confer certain responsibilities upon the Office of Planning and Budget; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1979.1.779">

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, and are in addition to any other appropriations heretofore or hereafter made for the operation of State government. Section 1. Legislative Branch. Budge Unit: Legislative Branch $1,150,000 Section 1A. Department of Offender Rehabilitation. Budget Unit: Department of Offender Rehabilitation $ 597,000 TOTAL SUPPLEMENTARY APPROPRIATION FISCAL YEAR 1978-1979 $1,747,000 Section 2. 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 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 13, 1979.

"GA1979.1.780">

STATE PERSONNEL BOARD ACT AMENDEDDUTIES, ETC. No. 485 (Senate Bill No. 231). AN ACT To amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. Laws 1975, p. 79), as amended by an Act approved April 6, 1976 (Ga. Laws 1976, p. 1486), and by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1547), so as to change the duties of the State Personnel Board regarding the adoption of rules and regulations; to change the duties of the State Personnel Board relating to review to be afforded on dismissals, other adverse personnel actions, and other purported violations of the rules and regulations; to prohibit discrimination based upon age within certain age limits; to authorize the Commissioner of Personnel Administration to appoint a Deputy Commissioner and such other assistant commissioners as he deems appropriate; to change the provisions relating to dismissals from employment and other adverse actions; to provide conditions under which a subpoena issued by a hearing officer of the State Personnel Board may be quashed; to provide that the hearing officer or the Board may issue an initial decision which, if not appealed, will be the final binding decision of the Board; to provide that the initial decision must contain findings of fact and conclusions of law; 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 completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel

"GA1979.1.781">

Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. Laws 1975, p. 79), as amended by an Act approved April 6, 1976 (Ga. Laws 1976, p. 1486), and by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1547), is hereby amended by striking in their entirety paragraphs (3) and (4) of subsection (b) of Section 4 and inserting in lieu thereof new paragraphs (3) and (4), to read as follows: (3) At public hearings, to adopt and amend policies, rules and regulations effectuating the State Merit System of Personnel Administration subject to approval by the Governor. The rules and regulations of the State Personnel Board in effect on the effective date of this paragraph shall remain in effect until amended, changed, modified or repealed by the Board. Notice of State Personnel Board meetings shall be released to all departments and agencies covered by the State Merit System and prominently posted at the office of the State Merit System of Personnel Administration at least ten (10) days prior to each Board meeting. (4) To insure that a review is afforded on dismissals, other adverse personnel actions as defined by the rules and regulations of the State Personnel Board and other purported violations of the rules and regulations in the several departments which are included in the career service as well as in other matters under the Board's jurisdiction where the Board deems a review appropriate, with the provision that the State Personnel Board is authorized to appoint a hearing officer(s) for the purpose of holding hearings, compiling evidence, issuing initial decisions, submitting evidence to the State Personnel Board for its determination or for making investigations on behalf of the Board relating to personnel matters. All appeals determinations of the Board shall be written and documented as to findings of fact, basis for decisions and prescribed remedies. Section 2. Said Act is further amended by adding to paragraph (3) of subsection (b) of Section 5 immediately after the word age and immediately prior to the word or the phrase between 40 and 70 years, so that when so amended, paragraph (3) of subsection (b) of Section 5 shall read as follows: (3) To submit to the Governor the rules and regulations adopted by the State Personnel Board effectuating the State Merit System. Such Merit System rules and regulations, when approved by

"GA1979.1.782">

the Governor, shall have the force and effect of law and shall be binding upon the State departments covered by this Act and shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations and the establishment of registers of persons eligible for appointment under the Merit System, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, reinstatement, appeals, reports of performance, payroll certification, employee training and all other phases of Merit System administration. Such rules and regulations shall define and prohibit improper political activity by any departmental employee of the State Personnel Board or any employee covered under the terms of the State Merit System and shall provide that there shall be no discrimination for or against any person or employee in any manner, to include but not be limited to, hiring, discharge, compensation, benefits, terms or conditions of employment, promotion, job classification, transfer, privileges or demotion, because of political affiliation, religious affiliation, race, creed, national origin, sex, age between 40 and 70 years or physical handicap. (i) The rules and regulations shall conform to the minimum standards for merit systems of personnel administration as specified by those federal departments from which federal funds are obtained for use by the several State departments covered by this Act. (ii) Compensation plans and modifications thereto promulgated under the rules and regulations shall become effective as adopted, upon approval of the Director of the State Office of Planning and Budget. Section 3. Said Act is further amended by adding a new paragraph (9) to subsection (b) of Section 5, to read as follows: (9) To appoint and prescribe the duties of a Deputy Commissioner of Personnel Administration, who shall be the second highest executive officer in the State Merit System and the Deputy Executive Secretary to the State Personnel Board, and such other assistant commissioners of personnel administration as the Commissioner deems appropriate. The Deputy Commissioner and the assistant commissioners shall be in the unclassified service, and any of them shall have the authority to perform any duty assigned to the Commissioner if delegated by the Commissioner.

"GA1979.1.783">

Section 4. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. Adverse actions, appeals and hearings. (a) Permanent status employees may be dismissed from employment or otherwise adversely affected as to compensation or employment status only if such action is taken in accordance with the rules and regulations of the State Personnel Board. (b) The procedure adopted for dismissing a permanent status employee from employment or otherwise adversely affecting his compensation or employment status shall include, as a minimum, an opportunity to file an appeal and request a hearing which may be held before either the Board or one of its hearing officers; provided, however, the hearing may be held subsequent to the effective date of the dismissal or other purported adverse action; provided, further, the right to appeal shall not apply when persons are separated or otherwise adversely affected as to compensation due to curtailment of funds or reduction in staff when such action is in accordance with the rules and regulations of the State Personnel Board. (c) No adverse action appealed to the State Personnel Board under the provisions of the rules and regulations of the Board, the provisions of this Act, or otherwise, shall be considered invalid for failure to follow or comply with the rules and regulations of the Board, this Act, or any other requirement unless it is shown that the individual against whom the action has been taken has been substantially harmed by the procedural failure. (d) The decision of the Board on an appeal as to whether a dismissal or other adverse action was in accordance with the rules and regulations prescribed by the State Personnel Board shall be binding upon the appointing authority. The Board may modify the action of the appointing authority but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board. The decision of the Board shall not limit the rights of the employee or the department to judicial review as to errors of law and such decision shall be stayed pending other further appeal.

"GA1979.1.784">

(e) As provided in Section 4(b), the State Personnel Board is authorized to employ a hearing officer or hearing officers for the purpose of holding hearings and otherwise assisting in the resolution of appeals. Section 5. Said Act is further amended by striking subsection (c) from Section 7A in its entirety and adding in lieu thereof a new subsection (c) of Section 7A to read as follows: (c) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing is being held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. Once issued a subpoena may be quashed by the Board or one of its hearing officers, if it appears that the subpoena was used primarily as a means of harassment, that the testimony or documents sought are cumulative, that the testimony or documents sought are not relevant, that the testimony or documents sought are not material, that to respond to the subpoena would be unduly burdensome, or that for other good reasons basic fairness dictates that the subpoena should not be enforced. Section 6. Said Act is further amended by striking subsection (e) of Section 7A in its entirety and adding in lieu thereof a new subsection (e) of Section 7A to read as follows: (e) (1) With respect to hearings at which the Board did not preside at the reception of the evidence, the hearing officer who presided shall, within thirty (30) days from the close of the evidence or, if necessary, a longer period of time as ordered by the Board or the hearing officer, issue an initial decision. The initial decision shall be transmitted to the Board with copies to the parties or their representatives. In absence of an application for review from an adversely affected party to the Board within thirty (30) days from the date the initial decision was issued or an order by the Board within such time for review on its own motion, the decision shall, without further proceedings or notice, become the decision of the Board and any right of additional appeals shall be extinguished.

"GA1979.1.785">

(2) On review of the entire record from the hearing officer, the Board shall have all the powers it would have in presiding at the reception of the evidence, including the review of any motions granted or denied by the hearing officer, and including the review of any action taken by the hearing officer. In its discretion, the Board may take additional testimony or remand the matter to the hearing officer for such purpose. Section 7. Said Act is further amended by striking subsection (g) of Section 7A in its entirety and inserting in lieu thereof a new subsection (g) of Section 7A to read as follows: (g) As a part of the initial decision or order subsequent to any hearing, the hearing officer or the Board shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Copies of the decision or order shall be mailed to all parties of record. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Sections 6 and 7 of this Act shall apply to all pending appeals except those in which a hearing officer has made a recommended decision prior to the effective date of this Act. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

"GA1979.1.786">

GEORGIA INSURANCE CODE AMENDED. Code Title 56 Amended. No. 486 (Senate Bill No. 233). AN ACT To amend Code Title 56, the Georgia Insurance Code, as amended, so as to change the provisions relating to the confidential treatment of records kept by the Insurance Department as such information relates to the taxation of transacting insurance and the collection of such tax by local governments so that any person who is designated by a local government to in any manner assist in the collection of tax on the transacting of insurance shall disclose in full any and all fees, commissions, or other payments which said person receives from the local government for which said person is assisting in the collection of tax; to provide for public inspection of disclosures; to provide a penalty; to provide for return of certain certificates, annuities, policies, and contracts within a certain time period after receipt; to provide for refunds; to provide for conditions for and evidence of returns; to provide for notice; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 56, the Georgia Insurance Code, as amended, is hereby amended by adding at the end of Code Section 56-1313, relating to confidential treatment of records kept by the Insurance Department as such information relates to the taxation of transacting insurance and the collection of such tax by local governments, a new paragraph to read as follows: Any person who is designated by a local government or any other political subdivision of this State to assist in the collection of any tax relating to the transaction of insurance shall disclose to the Insurance Commissioner in writing annually any and all commissions, fees, or any other payments which said person receives for the assistance in the collection of any such tax. All such disclosures which are filed with the Insurance Commissioner shall be available for public inspection and shall in no manner be treated as confidential

"GA1979.1.787">

information. Violation of this provision shall constitute a misdemeanor. Section 2 . Said Code Title is further amended by adding at the end of Code Section 56-1921(1), relating to provisions of fraternal benefit society certificates, a new paragraph (n), to read as follows: (n) Every individual life insurance certificate, issued for delivery in this State on or after the effective date of this Act, shall have printed thereon or attached thereto a notice stating in substance that the person to whom the certificate is issued shall be permitted to return the certificate within ten days after receipt thereof and to have the premium paid refunded if, after examination of the certificate, the purchaser is not satisfied with it for any reason. If the purchaser, pursuant to such notice, returns the certificate to the society at its home or branch office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no certificate had been issued. Without limiting any other method of returning a certificate under this paragraph, it shall be prima facie evidence of the fact and date of return of a certificate if the certificate is dispatched by at least first class mail to the society or its agent, as provided above, and a receipt provided by the United States Postal Service is obtained. Section 3 . Said Code Title is further amended by adding at the end of Code Chapter 56-25, relating to life insurance, a new Code Section 56-2511, to read as follows: 56-2511. Refund upon examination. Every individual life insurance policy or contract, issued for delivery in this State on or after the effective date of this Act, except those issued in connection with a credit transaction, shall have printed thereon or attached thereto a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return the policy or contract within ten days after receipt thereof and to have the premium paid refunded if, after examination of the policy or contract, the purchaser is not satisfied with it for any reason. If the purchaser, pursuant to such notice, returns the policy or contract to the insurer at its home or branch office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued. Without limiting any other method of returning a policy or

"GA1979.1.788">

contract under this Section, it shall be prima facie evidence of the fact and date of return of a policy or contract if the policy or contract is dispatched by at least first class mail to the insurer or agent, as provided above, and a receipt provided by the United States Postal Service is obtained. Section 4. Said Code Title is further amended by adding at the end of Code Chapter 56-26, relating to annuities and pure endowment contracts, a new Code Section 56-2605, to read as follows: 56-2605. Refund upon examination. Every annuity, reversionary annuity, or pure endowment contract issued for delivery in this State on or after the effective date of this Act, except group annuities, shall have printed thereon or attached thereto a notice stating in substance that the person to whom the annuity or contract is issued shall be permitted to return the annuity or contract within ten days after receipt thereof and to have the premium paid refunded if, after examination of the annuity or contract, the purchaser is not satisfied with it for any reason. If the purchaser, pursuant to such notice, returns the annuity or contract to the insurer at its home or branch office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no annuity or contract had been issued. Without limiting any other method of returning an annuity or contract under this Section, it shall be prima facie evidence of the fact and date of return of an annuity or contract if the annuity or contract is dispatched by at least first class mail to the insurer or agent, as provided above, and a receipt provided by the United States Postal Service is obtained. Section 5. Said Code Title is further amended by adding at the end of Code Chapter 56-29, relating to industrial life insurance, a new Code Section 56-2906, to read as follows: 56-2906. Refund upon examination. Every industrial life policy or contract, issued for delivery in this State on or after the effective date of this Act, shall have printed thereon or attached thereto a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return the policy or contract within ten days after receipt thereof and to have the premium paid refunded if, after examination of the policy or contract, the purchaser is not satisfied with it for any reason. If the purchaser,

"GA1979.1.789">

pursuant to such notice, returns the policy or contract to the insurer at its home or branch office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued. Without limiting any other method of returning a policy or contract under this Section, it shall be prima facie evidence of the fact and date of return of a policy or contract if the policy or contract is dispatched by at least first class mail to the insurer or agent, as provided above, and a receipt provided by the United States Postal Service is obtained. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. TRANSPORTATION OF HAZARDOUS MATERIALS ACT. No. 487 (Senate Bill No. 235). AN ACT To be known as the Transportation of Hazardous Materials Act, so as to provide for findings of the legislature; to designate a responsible State agency; to provide for the regulation of shippers and carriers of hazardous materials on the public roads of this State; to provide for definitions; to provide for rules and regulations governing such transportation; to provide for permits; to provide for the authority to stop and inspect vehicles; to provide recovery from responsible persons in case of discharge or threatened discharge of such materials; to provide violation of this Act as a misdemeanor; to provide enforcement authority; to provide for severability and applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1979.1.790">

Section 1. Short Title. This Act shall be known and may be cited as the Transportation of Hazardous Materials Act. Section 2. Findings of the Legislature: Transportation of Hazardous Materials; Designation of Agency. The General Assembly finds that the transportation of hazardous materials on the public roads of this State presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of the State of Georgia and that the protection of the public health, safety, and welfare requires control and regulation of such transport to minimize that hazard; to that end this law is enacted. The Department of Transportation is designated as the agency to implement the provisions or requirements of this Act. Section 3. Definitions. (a) Carrier means any person engaged in the transport on the public roads of this State of goods or property in, to or through this State, whether or not such transportation is for hire. (b) Commissioner means the Commissioner of the Department of Transportation. (c) Department means the Department of Transportation. (d) Hazardous Material means and includes radioactive materials, liquified natural gas (LNG) and polychlorinated biphenal (PCB). (e) Person means and includes any individual, corporation, partnership, association, State, municipality, political subdivision of a State and any agency or instrumentality of the United States or any other entity and includes any officer, agent or employer of any of the above. (f) Shipper means any person who arranges for, provides for, solicits a carrier for, consigns to a carrier for, or contracts with a carrier shipment or transport of goods or property. Section 4. Transportation Requirements. (a) Notwithstanding any other provision of law to the contrary, any person transporting hazardous material on the public roads of this State shall be subject

"GA1979.1.791">

to the requirements of this Act. However, it is not intended that the Department shall have the power of regulating the interstate or intrastate commerce of carriers, except to the extent authorized in this Act. (b) (1) No person, including the State or any agency thereof, shall transport hazardous material on the public roads of this State in, to, or through this State, whether or not the hazardous material is for delivery in this State and whether or not the transport originated in this State; nor shall any person deliver in this State any hazardous material to any person for transportation, nor shall any such person accept any hazardous material for transport in this State without compliance with the following: (2) Such materials shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, and monitored in compliance with rules and regulations promulgated by the Department pursuant to this Act consistent with federal law. Compliance with such rules and regulations shall be in addition to and supplemental of other regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission, Georgia Department of Human Resources, State Fire Marshal, and the Public Service Commissions applicable to such persons. (3) (A) The Department shall promulgate rules and regulations pursuant to Section 5 of this Act such that no person shall arrange for the transport of or cause to be transported on the public roads of this State in, to, or through this State any hazardous material unless such person shall notify the Department (or its designee) in accordance with such rules and regulations. (B) Knowledge by a shipper that a carrier proposes to transport the hazardous material on the public roads of this State in or through this State shall be sufficient contact with this State to subject such shipper to the jurisdiction of the courts of this State with respect to such transport. (4) (A) No such transportation shall take place in or through this State until the Department (or its designee)

"GA1979.1.792">

issues a permit authorizing the applicant to operate or move upon the State's public roads a motor vehicle or combination of vehicles which carry hazardous materials. The Department (or its designee) may require changes in the proposed dates, times, routes, detention, holding or storage of such materials during transport as necessary to maximize protection of the public health, safety, welfare or the environment. The Department is hereby authorized to promulgate reasonable rules and regulations which are necessary or desirable governing the issuance of permits providing such rules and regulations are not in conflict with other provisions of law. (B) Every such permit shall be carried in the vehicles or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or employee of the Department to whom has been designated enforcement authority by the Commissioner. (C) (i) For just cause, including but not limited to, repeated and consistent past violations, the Department may refuse to issue, or may cancel, suspend, or revoke the permit of an applicant or permittee. (ii) Duration and limits of permits. (I) Annual. The Commissioner or the official of the Department designated by the Commissioner, pursuant to the provisions of this Section and the rules and regulations developed by the Department, may issue an annual permit which shall allow vehicles transporting hazardous materials to be operated on the public roads of this State for twelve months from the date the permit is issued. (II) Single trip. The Commissioner or the official of the Department designated by the Commissioner, pursuant to the provisions of this Section and the rules and regulations developed by the Department, may issue a single trip permit to any vehicle.

"GA1979.1.793">

(iii) Fees. The Department may promulgate rules and regulations concerning the issuance of permits and charge a fee for the issuance thereof. The fee for the issuance of annual trip permits shall be $100.00. The fee for the issuance of single trip permits shall be established by rules and regulations promulgated by the Department. (5) For purposes of this Act, the Department is expressly authorized to contract with the Department of Public Safety, the Public Service Commission, the Department of Human Resources, or other State agencies or departments to perform any activities necessary to implement the provisions of this Act. (6) Notwithstanding any other provisions of this Act, the Department is hereby authorized to establish such exceptions or exemptions from the requirements of this Act, or any provision hereof, for such kinds, quantities, types, or shipments of hazardous materials as it shall deem appropriate, consistent with the protection of the public health, safety, and welfare. (7) The provisions of this Act shall not apply to the transport, delivery, or acceptance for delivery of radioactive materials inside the confines of the authorized location of use of any person authorized to use, possess, transport, deliver or store radioactive materials by the Georgia Department of Human Resources pursuant to the Radiation Control Act, Georgia Code Ann. 88-1301 et seq., or by the United States Nuclear Regulatory Commission; nor shall this Act apply to the transport, delivery, or acceptance for transport of radioactive materials under the direction or supervision of the United States Nuclear Regulatory Commission or the Department of Defense where such transport, delivery or acceptance for transport are escorted by personnel designated by or under the authority of those agencies. (8) The provisions of this Act shall not apply to interstate pipeline facilities, or the operation thereof by any persons, which are subject to the jurisdiction of the United States Department of Transportation under the Natural Gas Pipeline Safety Act of 1968.

"GA1979.1.794">

(c) In the event of any damage to State property or discharge of hazardous materials from the authorized shipping package or container or the threat of such discharge which results from the transport, storage, holding, detention, delivery for transport, or acceptance for transport of hazardous materials in this State, the State may recover from any shipper, carrier, bailor, bailee, or any other person responsible for such storage, transport, holding, detention, delivery, or acceptance, all costs incurred by the State in the reparation of the damage and all costs incurred in the prevention, abatement or removal of any such discharge or threatened discharge, including reasonable attorney's fees incurred with respect to recovery. (d) Notwithstanding any other provisions of law, a bond or indemnity insurance required of carriers shall be established by rules and regulations of the Department and shall for all persons subject to the provisions of this Act (whether intrastate or interstate carriers), be at least in the maximum amount or amounts authorized or required by federal law or regulations. (e) In addition to any other liability imposed by law, any violation of any provision of this Act shall be prosecuted as a misdemeanor. Section 5. Enforcement Authority. In addition to the police powers of the Department of Transportation provided under Title 95A, Georgia Code of Public Transportation, Section 962, the Department shall have the authority and duty to enforce the provision of this Act. The enforcement officers appointed under the authority of Title 95A, Georgia Code of Public Transportation, Section 962, shall have the authority to enforce the provisions of this Act. Further, any law enforcement officer shall also have the authority to enforce the provisions of this Act. Section 6. Rules and Regulations. The Department is hereby authorized and empowered to adopt, promulgate, amend, repeal, or modify such standards, rules and regulations and issue such orders, authorizations, or amendments or modifications thereof, as are necessary to implement the requirements of this Act. Any standards, rules or regulations adopted pursuant to this Act, consistent with the applicable laws relating to adoption of such standards, rules or regulations, shall have the force and effect of law.

"GA1979.1.795">

Section 7. Severability; Applicability. 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. Should any part of this Act be declared void by reason of control or regulation of interstate carriers, such part shall continue in effect for intrastate carriers. 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 12, 1979. LEGISLATIVE SERVICES COMMITTEEMEMBERSHIP. No. 488 (Senate Bill No. 242). AN ACT To amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, approved March 10, 1959 (Ga. Laws 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. Laws 1961, p. 230), an Act approved March 11, 1964 (Ga. Laws 1964, p. 459), an Act approved March 24, 1965 (Ga. Laws 1965, p. 270), an Act approved March 18, 1966 (Ga. Laws 1966, p. 586), an Act approved April 2, 1969 (Ga. Laws 1969, p. 232), an Act approved April 24, 1969 (Ga. Laws 1969, p. 635), an Act approved March 11, 1971 (Ga. Laws 1971, p. 67), and

"GA1979.1.796">

an Act approved February 3, 1976 (Ga. Laws 1976, p. 176), so as to provide for a change in the membership of the Committee; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Legislative Services Committee and the Office of Legislative Counsel, approved March 10, 1959 (Ga. Laws 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. Laws 1961, p. 230), an Act approved March 11, 1964 (Ga. Laws 1964, p. 459), an Act approved March 24, 1965 (Ga. Laws 1965, p. 270), an Act approved March 18, 1966 (Ga. Laws 1966, p. 586), an Act approved April 2, 1969 (Ga. Laws 1969, p. 232), an Act approved April 24, 1969 (Ga. Laws 1969, p. 635), an Act approved March 11, 1971 (Ga. Laws 1971, p. 67), and an Act approved February 3, 1976 (Ga. Laws 1976, p. 176), is hereby amended by adding a new provision in Section 1 allowing for the designation, under certain conditions, of the President Pro Tempore of the Senate as a member of the Legislative Services Committee so that Section 1, when so amended, shall read as follows: Section 1. There is hereby created the `Legislative Services Committee', hereinafter called the Committee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the Chairman of the Appropriations Committee of the Senate, the Chairman of the Appropriations Committee of the House of Representatives, the Chairman of the Judiciary Committee of the Senate, the Chairman of the Judiciary Committee of the House of Representatives, the Chairman of the Banking, Finance and Insurance Committee of the Senate, the Chairman of the Ways and Means Committee of the House of Representatives, the Clerk of the House of Representatives, and the Secretary of the Senate. Provided, however, the President of the Senate shall be allowed to designate, in writing, that the President Pro Tempore of the Senate shall serve in place of the President of the Senate with all the rights, privileges and duties of the President of the Senate and shall so serve until the appointment is withdrawn, in writing, by the President of the Senate or until the end of the term of the President of the Senate. The Speaker of the House of Representatives shall be Chairman of the Committee and the Secretary of the Senate shall be Secretary of

"GA1979.1.797">

the Committee. The members of the Committee shall receive no additional allowances for service on the Committee while the General Assembly is in session but for each day spent in the performance of their duties hereunder between sessions, the members shall receive the allowances authorized by law for legislative members of interim legislative committees. The Committee shall meet on call of the Chairman. Six members of the Committee shall constitute a quorum and the affirmative vote of a majority of those members present at a meeting of the Committee, provided such members present constitute a quorum, shall be necessary to transact business of the Committee. The Chairman shall be entitled to vote on all matters requiring a vote of the Committee. 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 12, 1979. CLAIMS ADVISORY BOARD ACT AMENDED. No. 489 (Senate Bill No. 243). AN ACT To amend an Act creating the Claims Advisory Board, approved April 12, 1963 (Ga. Laws 1963, p. 624), as amended, so as to enable any one individual of the three members of the Board to be represented by a designee or other duly authorized employee; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1979.1.798">

Section 1. An Act creating the Claims Advisory Board, approved April 12, 1963 (Ga. Laws 1963, p. 624), as amended, 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 `Claims Advisory Board' hereinafter called the Board, to be composed of the Secretary of State, who shall be the chairman, the Commissioner of Human Resources, and the Commissioner of the Department of Transportation. Whenever the Board takes any official action authorized under the law or duly promulgated rules and regulations, any one of the three individuals named above may be represented by a deputy or other designated employee and any such action shall be valid if the remaining two individuals are actually present during such action. 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 12, 1979. STATE BOARD OF PARDONS AND PAROLESREIMBURSEMENT OF CERTAIN EXPENSES TO COUNTIES. No. 490 (Senate Bill No. 253). AN ACT To amend an Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. Laws 1943, p. 185), as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 786), so as to provide for reimbursement of counties by the State Board of Pardons and Paroles for costs of incarcerating

"GA1979.1.799">

persons arrested pursuant to warrants issued by the board; to provide for rules and regulations; to provide for appropriations; to provide for conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. Laws 1943, p. 185), as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 786), is hereby amended by adding immediately following Section 16A of said Act a new Section, to be designated Section 16B, and to read as follows: Section 16B. After proper documentation is received from the county, the Board of Pardons and Paroles shall reimburse the county, pursuant to rules and regulations adopted by the board and in such amount appropriated for this purpose by the General Assembly, for the cost of incarceration of any person who is arrested pursuant to any warrant issued in accordance with Section 16 of this Act. The liability of the board under this Section shall begin when such person is incarcerated and shall end upon revocation of parole or conditional release of such person. Provided, however, this Section shall apply only to cases in which the board's warrant is the sole basis for incarceration. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979.

"GA1979.1.800">

TRAPPERS AND FUR DEALERS ACT AMENDED. No. 491 (Senate Bill No. 256). AN ACT To amend an Act regulating trappers and fur dealers, approved April 6, 1977 (Ga. Laws 1977, p. 1270), so as to add a new definition; to provide that it shall be unlawful to sell the raw undressed fur, hide, skin or pelt of any furbearing animal without a current valid trapping or fur dealer license; to change certain provisions relating to penalties; to authorize the trapping of rats and mice at any time during the year; to change the provisions relating to licenses for fur dealers; to provide for the licensing of resident fur dealers' agents; to provide for emergency regulations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating trappers and fur dealers, approved April 6, 1977 (Ga. Laws 1977, p. 1270), is hereby amended by adding at the end of Section 1 a new subsection (1) to read as follows: (1) `Rats and mice' means any gnawing mammal of the class Mammalia, the subclass Theria, the order Rodentia and either the family Muridae or the family Cricetidae and the genera Peromyscus, Sigmodon, Oryzomys or Reithrodontomys. Section 2. Said Act is further amended by adding at the end of subsection (a) of Section 2 a new paragraph to be designated paragraph (10) and to read as follows: (10) Sell the raw undressed fur, hide, skin or pelt of any furbearing animal unless such person has a current valid trapping or fur dealer license. Section 3. Said Act is further amended by striking in its entirety subsection (b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows:

"GA1979.1.801">

(b) Any person violating any provision of subsection (a) of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor, subject to a minimum punishment as follows: (1) first offenseby a fine of not less than $100.00, except that such minimum fine shall not apply to the offender if he is seventeen years of age or younger; (2) second offense within two-year periodby a fine of not less than $300.00; (3) third or subsequent offense within two-year periodby a fine of not less than $750.00. Section 4. Said Act is further amended by adding in subsection (c) of Section 3, immediately following the word beaver, the following: , rats and mice, so that when so amended, subsection (c) shall read as follows: (c) Notwithstanding subsection (a) of this Section, it shall be lawful to trap beaver, rats and mice at any time during the year. Section 5. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. Fur dealers and resident fur dealers' agents must be licensed. It shall be unlawful for any person to engage in business as a fur dealer or in business as a resident fur dealer's agent unless such person has a current valid license to engage in any such business issued by the Department. The annual fee for such licenses shall be: (a) fur dealer resident's license$250.00; (b) fur dealer nonresident's license$350.00; and

"GA1979.1.802">

(c) resident fur dealer agent's license$150.00. Any person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 6. Said Act is further amended by adding between Section 12 and Section 13 a new Section 12A to read as follows: Section 12A. Emergency regulations. Notwithstanding any other provisions of this Act, the Board shall be authorized to promulgate rules and regulations to protect wildlife, the public and the natural resources of this State in the event of fire, flood, disease, pollution or other emergency situation without complying with the provisions of an Act known as the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended. Such rules and regulations shall have the force and effect of law upon promulgation by the Board. 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 12, 1979.

"GA1979.1.803">

GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDEDREMOVAL OF ADVERTISING DEVICES. Code Section 95A-923.1 Enacted. No. 492 (Senate Bill No. 258). To amend Code Title 95A, the Georgia Code of Public Transportation, as amended, so as to provide that a municipal corporation or county is authorized to acquire by purchase, gift, or condemnation, and to pay just compensation for any property rights in outdoor advertising signs, displays, and devices which were lawfully erected but which do not conform to the provisions of any lawful ordinance, regulation, or resolution or which at a later date fail to comply with the provisions of any lawful ordinance, regulation, or resolution due to changed conditions beyond the control of the sign owner; 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 Title 95A, the Georgia Code of Public Transportation, as amended, is hereby amended by adding a new Code Section immediately following Code Section 95A-923, to be designated as Code Section 95A-923.1, to read as follows: 95A-923.1. Acquisition and Compensation for Removal by Municipal Corporations and Counties of Certain Advertising Devices. Any municipal corporation or county is authorized to

"GA1979.1.804">

acquire by purchase, gift, or condemnation, and to pay just compensation for any property rights in outdoor advertising signs, displays, and devices which were lawfully erected but which do not conform with the provisions of any lawful ordinance, regulation, or resolution or which at a later date fail to comply with the provisions of any lawful ordinance, regulation, or resolution due to changed conditions beyond the control of the sign owner. No municipal corporation or county shall remove or cause to be removed any such nonconforming outdoor advertising sign, display, or device without paying such compensation. Such compensation shall be paid in accordance with the conditions stated in Code Section 95A-924. For the purposes of this Act the term `devices' shall mean light, lighting fixtures or other fixtures which are permanently attached to an advertising sign or display. 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 12, 1979. GEORGIA INSURANCE CODE AMENDEDPROPERTY INSURANCE DEFINED. Code Section 56-405 Amended. No. 493 (Senate Bill No. 276). AN ACT To amend Code Section 56-405, relating to the definition of property insurance for the purposes of certain provisions of the Georgia Insurance Code, so as to change the definition; to repeal conflicting laws; and for other purposes.

"GA1979.1.805">

Be it enacted by the General Assembly of Georgia: Section 1. Code Section 56-405, relating to the definition of property insurance for the purposes of certain provisions of the Georgia Insurance Code, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 56-405, to read as follows: 56-405. `Property insurance' defined.(a) `Property insurance' is insurance on real or personal property of every kind and interest therein, against loss or damage from any or all hazard or cause, and against loss consequential upon such loss or damage, other than noncontractual legal liability for any such loss or damage. Property insurance shall also include miscellaneous insurance as defined in subsection (11) of Section 56-408 except as to any noncontractual liability coverage includable therein. (b) `Property insurance' also includes: (1) Any contract, agreement, or instrument whereby a person assumes the risk of and/or the expense or portion thereof for the mechanical breakdown or mechanical failure of a motor vehicle and shall include those agreements commonly known as vehicle service agreements or extended warranty agreements, if made by a person other than the motor vehicle manufacturer in exchange for a separately stated charge, or the cost of such contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith; except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this State, either directly or through a reinsurance contract. (2) Any contract, agreement, or instrument whereby a person assumes the risk of and/or the expense or portion thereof

"GA1979.1.806">

for the structural or mechanical breakdown, loss of, or damage to a one or two family residential building structure or any part thereof from any cause, including loss of or damage to or loss of use of the building structure or major components thereof which are attached to and become a part of said structure by reason of depreciation, deterioration, wear and tear, use, obsolescence or breakage, if made by a person other than the constructing contractor or manufacturer of such building structure or part thereof in exchange for a separately stated charge, or the cost of such contract or contracts is included on a nonidentifiable basis in the cost of such building structure sold in conjunction therewith; except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this State, either directly or through a reinsurance contract. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. SOUTHERN INTERSTATE NUCLEAR COMPACT AMENDEDNAME CHANGED, ETC. No. 494 (Senate Bill No. 277). AN ACT To amend an Act to provide that the State of Georgia shall be a party to the Southern Interstate Nuclear Compact, approved March 3, 1962 (Ga. Laws 1962, p. 505), as amended by an Act

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approved March 4, 1964 (Ga. Laws 1964, p. 207), so as to change the name of the Compact and of the board created by the Compact; to specify that the purpose, duties, and power of the board shall relate to energy and the environment generally, rather than specifically to nuclear energy; to change the membership of the board created by the Compact; to authorize the admission of certain jurisdictions into the Compact; to provide for appointment of this State's representatives to the Board; to provide for other matters relative to the foregoing; to condition the effectiveness of the Act upon the happening of certain events; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide that the State of Georgia shall be a party to the Southern Interstate Nuclear Compact, approved March 3, 1962 (Ga. Laws 1962, p. 505), as amended by an Act approved March 4, 1964 (Ga. Laws 1964, p. 207), is hereby amended by striking from the first sentence of Section 1 thereof the words: Southern Interstate Nuclear Compact, and substituting in lieu thereof the words: Southern States Energy Compact, so that when so amended the first sentence of Section 1 shall read as follows: The Southern States Energy Compact is hereby enacted into law and entered into by the State of Georgia with any and all states legally joining therein in accordance with its terms.

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Section 2. Said Act is further amended by striking in its entirety Article I of the Compact, which is found in Section 1 of the Act, and substituting in lieu thereof a new Article I to read as follows: Article I. Policy and Purpose. The party states recognize that the proper employment and conservation of energy and employment of energy-related facilities, materials, and products, within the context of a responsible regard for the environment, can assist substantially in the industrialization of the South and the development of a balanced economy for the region. They also recognize that optimum benefit from and acquisition of energy resources and facilities require systematic encouragements, guidance, and assistance from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis; it is the purpose of this compact to provide the instruments and framework for such a cooperative effort to improve the economy of the South and contribute to the individual and community well-being of the region's people. Section 3. Said Act is further amended by striking in their entirety subsections (a) and (b) of Article II of the Compact, which are found in Section 1 of the Act, and substituting in lieu thereof new subsections (a) and (b) to read as follows: Article II. The Board. (a) There is hereby created an agency of the party states to be known as the `Southern States Energy Board' (hereinafter called the Board). The Board shall be composed of three representatives from each party state, one of whom shall be appointed or designated in each state to represent the Governor, the State Senate, and the State House of Representatives, respectively. Each representative shall be designated or appointed in accordance with the law of the state which he represents and serving and subject

"GA1979.1.809">

to removal in accordance with such law. Any member of the Board may provide for the discharge of his duties and the performance of his functions thereon (either for the duration of his membership or for any lesser period of time) by a deputy or assistant, if the laws of his state make specific provision therefor. The federal government may be represented without vote if provision is made by federal law for such representation. (b) Each party state shall be entitled to one vote on the Board, to be determined by majority vote of each representative or representative's representative from the party state present and voting on any question. No action of the Board shall be binding unless taken at a meeting at which a majority of all party states are represented and unless a majority of the total number of votes on the Board are cast in favor thereof. Section 4. Said Act is further amended by striking in its entirety subsection (d) of Article III of the Compact, which is found in Section 1 of the Act, which reads as follows: (d) Any expenses and any other costs for each member of the Board in attending Board meetings shall be met by the Board. Section 5. Said Act is further amended by striking in its entirety Article V of the Compact, which is found in Section 1 of the Act, and substituting in lieu thereof a new Article V to read as follows: Article V. Powers. The Board shall have power to: (a) Ascertain and analyze on a continuing basis the position of the South with respect to energy, energy-related industries, and environmental concerns.

"GA1979.1.810">

(b) Encourage the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as part of a balanced economy and healthy environment. (c) Collect, correlate, and disseminate information relating to civilian uses of energy and energy-related materials and products. (d) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspect of (1) Energy, environment, and applications of energy, environmental, and related concerns to industry, medicine, or education or the promotion or regulation thereof. (2) The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of energy and energy-related materials, products, installations, or wastes. (e) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations of energy product, material, or equipment use and disposal and of proper techniques or processes for the application of energy resources to the civilian economy or general welfare. (f) Undertake such nonregulatory functions with respect to sources of radiation as may promote the economic development and general welfare of the region.

"GA1979.1.811">

(g) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to energy and environmental fields. (h) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or ordinances of the party states in any of the fields of its interest and competence as in its judgment may be appropriate. Any such recommendation shall be made through the appropriate state agency with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions. (i) Prepare, publish and distribute, (with or without charge) such reports, bulletins, newsletters or other material as it deems appropriate. (j) Cooperate with the United States Department of Energy or any agency successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interests. (k) Act as licensee of the United States Government or any party state with respect to the conduct of any research activity requiring such license and operate such research facility or undertake any program pursuant thereto. (l) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of energy and environmental incidents in the area comprising the party states, to coordinate the nuclear, environmental, and

"GA1979.1.812">

other energy-related incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with energy and environmental incidents. The Board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with energy and environmental incidents within the territory of the party states as whole or within any subregion or subregions of the geographic area covered by this compact. Section 6. Said Act is further amended by striking from subsection (b) of Article VII of the Compact, which is found in Section 1 of the Act, the words: Atomic Energy Commission, and substituting in lieu thereof the words: United States Department of Energy, so that when so amended subsection (b) shall read as follows: (b) Limit, diminish, or otherwise impair jurisdiction exercised by the United States Department of Energy, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of Congress. Section 7. Said Act is further amended by striking in its entirety subsection (a) of Article VIII of the Compact, which is found in Section 1 of the Act, and substituting in lieu thereof a new subsection (a) to read as follows:

"GA1979.1.813">

(a) Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands shall be eligible to become party to this compact. Section 8. Said Act is further amended by striking Section 2 thereof in its entirety and substituting in lieu thereof a new Section 2, to read as follows: Section 2. The Governor, the Lieutenant Governor, and the Speaker of the House of Representatives shall each appoint a representative from this State to the Southern States Energy Board which is established by Article II of the Compact. Each such representative shall serve at the pleasure of the appointing officer. The Governor, the Lieutenant Governor, and the Speaker of the House of Representatives are each hereby authorized to appoint an alternate representative who may serve at and for such time as the regular representative shall designate and shall have the same power and authority as the regular representative when so serving. The representative appointed by the Lieutenant Governor shall be a member of the Senate and the representative appointed by the Speaker shall be a member of the House of Representatives. Each person appointed to represent this State on the Southern States Energy Board shall be entitled to receive the same per diem, travel expenses, and allowances for each day of service on the Southern States Energy Board as are authorized by law for members of the General Assembly. Such expenses and allowances for members of the General Assembly serving on the Board shall be paid from funds appropriated to the Legislative Branch of Government. The person representing the Governor, if a State officer or employee, shall receive such expenses and allowances out of funds appropriated to or otherwise available to the agency by which he is employed or, if he is not a State officer or employee, out of funds appropriated or otherwise available to the Executive Office of the Governor.

"GA1979.1.814">

Section 9. The provisions of this Act shall become effective at such time as nine of the party states to the Southern Interstate Nuclear Compact approve substantially the same changes in the Compact as are provided for in this Act and the Congress of the United States consents to the Compact, substantially as amended by this Act. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDEDAUTHORITY OF ENFORCEMENT OFFICERS. Code Section 95A-962 Amended. No. 495 (Senate Bill No. 294). 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, pp. 1422, 1436), an Act approved April 6, 1976 (Ga. Laws 1976, p. 1500), and an Act approved April 5, 1978 (Ga. Laws 1978, pp. 1989, 1993), so as to provide that the enforcement officers of the Department of Transportation will have the authority to enforce all State laws and to arrest any person violating a law but only on certain property owned or controlled by the Department; to make arrests for obstruction of enforcement officers

"GA1979.1.815">

in the performance of their duties; to authorize the Department's enforcement officers to carry firearms under certain conditions; to provide that these enforcement officers shall have the full authority of peace officers; 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 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, pp. 1422, 1436), an Act approved April 6, 1976 (Ga. Laws 1976, p. 1500), and an Act approved April 5, 1978 (Ga. Laws 1978, pp. 1989, 1993), is hereby amended by adding in Code Section 95A-962 four new paragraphs to subsection (a) immediately following paragraph (4) to be designated as paragraphs (5), (6), (7) and (8) which shall read as follows: (5) To enforce all State laws and to arrest any person found to be violating any State law, but only on the following property owned or controlled by the Department: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction or maintenance of the public roads or research pertaining thereto; (6) To enforce the provisions of Section 26-2505 of the Criminal Code of Georgia but only in those situations involving the obstruction or hindrance of enforcement officers designated by the Department of Transportation in their official duties, and to arrest any person found to be violating the provisions of Section 26-2505 in this regard; (7) To carry firearms issued or authorized by the Department while in the performance of their duties, but only if such enforcement officers have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by the `Georgia Peace Officer Standards and Training Act';

"GA1979.1.816">

(8) These enforcement officers shall have the full authority of peace officers while in the performance of their duties. For the purposes of this paragraph, the definition of peace officer shall mean any person who by virtue of his office of public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all crimes or is limited to specific offenses. 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 12, 1979. STATE PROPERTIES CODE AMENDED. Code Chapter 91-1A Amended. No. 496 (Senate Bill No. 299). AN ACT To amend Code Chapter 91-1A of the Code of Georgia, which Code Chapter is known as the State Properties Code, approved

"GA1979.1.817">

February 21, 1964 (Ga. Laws 1964, p. 146), as amended, so as to define, for purposes of the State Properties Code, amendments to any existing Lease, and to prescribe the procedure to be followed in the preparation, approval, and execution of said amendments; to permit the State Properties Commission to perform all terms including, but not limited to, termination, satisfy all conditions, fulfill all requirements, and discharge all obligations and duties contained in all Leases or contracts of sale of the Property which provide that the Commission is empowered to act or shall act for and on behalf of the State of Georgia (Lessor or Seller) and which Leases or contracts of sale have heretofore been approved and adopted (passed) or authorized by Resolution of the General Assembly or which Leases or contracts of sale may hereafter be approved and adopted (passed) or authorized by a Resolution of the General Assembly with said latter Resolution being approved by the Governor; to provide for the authority of the Department of Natural Resources to dispose of certain real property without the prior approval of the State Properties Commission, public bidding, a plat or appraisal; 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. Code Section 91-105a, relating to the powers and duties of the State Properties Commission, is hereby amended by striking from the end of subsection (1) thereof the following: ;, and by adding at the end of subsection (1) thereof the following: , which amendments shall not, for the purposes of subsection (d) of Section 91-105a and Section 91-106a of this Code Chapter, be interpreted as lease proposals or proposals to lease, provided: (1) That the lessee of the Lease as it is to be amended shall be either (i) the lessee, (ii) a successor, (iii) an assignee or (iv) a sublease, as to all or a portion of the property described in the Lease as first executed or as heretofore amended; (2) That the property described in the Lease as it is to be amended shall not be greater than the property described in the Lease as first executed or as heretofore amended; and (3) That the term (duration) of the Lease as it is to be amended

"GA1979.1.818">

shall not be greater than the term (duration) of the Lease as first executed or as heretofore amended. Unless otherwise provided in the Lease as first executed or as heretofore amended: (1) The Commission shall prepare each said amendment in at least four counterparts all of which shall immediately be signed by the lessee whose signature shall be witnessed in the manner required by the applicable law for public recording of conveyances of real estate. Such signing shall constitute an offer by the lessee and shall not be subject to revocation by the lessee unless it is rejected by the General Assembly or the Governor as hereinafter provided. A Resolution containing an exact copy of the amendment, or to which an exact copy of the amendment is attached, shall be introduced in the General Assembly in either the House of Representatives, the Senate, or both, if then in regular session, or if not in regular session at such time, at the next regular session of the General Assembly. Such Resolution, in order to become effective, shall receive the same number of readings and, in both the House of Representatives and the Senate, go through the same processes and procedures as a bill; (2) If either the House of Representatives or the Senate shall fail to adopt (pass) the aforesaid Resolution during such regular session by a Constitutional majority vote in each House, then the offer shall be considered rejected by the General Assembly; (3) If the aforesaid Resolution is adopted (passed) during such regular session, by a Constitutional majority vote of both the House of Representatives and the Senate but is not approved by the Governor, then the offer shall be considered rejected by the Governor; and (4) If the aforesaid Resolution is adopted (passed) during such regular session by a Constitutional majority vote of both the House of Representatives and the Senate and is approved by the Governor, then whenever in the judgment of the Chairman of the Commission all of the precedent terms and conditions of the amendment and the aforesaid Resolution, if any there be, have been fulfilled and/or complied with, the Chairman of the Commission, in his capacity as Governor of the State, shall execute and deliver to the lessee the amendment for and on behalf of and in the name of the State. The Governor's signature shall be attested by the Secretary of the Commission in his capacity as Secretary of State. The Secretary of State shall also affix the great seal of the State to the amendment;, so that when so amended said subsection (1) of Code Section 91-105a shall read as follows:

"GA1979.1.819">

(1) negotiate and prepare for submission to the General Assembly amendments to any existing Lease, which amendments shall not, for the purposes of subsection (d) of Section 91-105a and Section 91-106a of this Code Chapter, be interpreted as lease proposals or proposals to lease, provided: (1) That the lessee of the Lease as it is to be amended shall be either (i) the lessee, (ii) a successor, (iii) an assignee or (iv) a sublease, as to all or a portion of the property described in the Lease as first executed or as heretofore amended; (2) That the property described in the Lease as it is to be amended shall not be greater than the property described in the Lease as first executed or as heretofore amended; and (3) That the term (duration) of the Lease as it is to be amended shall not be greater than the term (duration) of the Lease as first executed or as heretofore amended. Unless otherwise provided in the Lease as first executed or as heretofore amended: (1) The Commission shall prepare each said amendment in at least four counterparts all of which shall immediately be signed by the lessee whose signature shall be witnessed in the manner required by the applicable law for public recording of conveyances of real estate. Such signing shall constitute an offer by the lessee and shall not be subject to revocation by the lessee unless it is rejected by the General Assembly or the Governor as hereinafter provided. A Resolution containing an exact copy of the amendment, or to which an exact copy of the amendment is attached, shall be introduced in the General Assembly in either the House of Representatives, the Senate, or both, if then in regular session, or if not in regular session at such time, at the next regular session of the General Assembly. Such Resolution, in order to become effective, shall receive the same number of readings and, in both the House of Representatives and the Senate, go through the same processes and procedures as a bill; (2) If either the House of Representatives or the Senate shall fail to adopt (pass) the aforesaid Resolution during such regular session by a Constitutional majority vote in each House, then the offer shall be considered rejected by the General Assembly; (3) If the aforesaid Resolution is adopted (passed) during such regular session by a Constitutional majority vote of both the House of Representatives and the Senate but is not approved by the Governor, then the offer shall be considered rejected by the Governor; and (4) If the aforesaid Resolution is adopted (passed) during such regular session by a Constitutional majority vote of both the House of Representatives and the Senate and is approved by the Governor, then whenever in the judgment of the Chairman of the Commission all of the precedent terms and

"GA1979.1.820">

conditions of the amendment and the aforesaid Resolution, if any there be, have been fulfilled and/or complied with, the Chairman of the Commission, in his capacity as Governor of the State, shall execute and deliver to the lessee the amendment for and on behalf of and in the name of the State. The Governor's signature shall be attested by the Secretary of the Commission in his capacity as Secretary of State. The Secretary of State shall also affix the great seal of the State to the amendment;. Section 2. Code Section 91-105a is further amended by striking from the end of subsection (m) thereof the following: and, and by striking from the end of subsection (n) thereof the following: ., and by adding at the end of subsection (n) thereof the following: ; and, and by adding at the end of said Code Section a new subsection (o) to read as follows: (o) perform all terms including, but not limited to, termination, satisfy all conditions, fulfill all requirements, and discharge all obligations and duties contained in all Leases or contracts of sale of the Property which provide that the Commission is empowered to act or shall act for and on behalf of the State of Georgia (Lessor or Seller) and which Leases or contracts of sale have heretofore been approved and adopted (passed) or authorized by a Resolution of the General Assembly or which Leases or contracts of sale may hereafter be approved and adopted (passed) or authorized by a Resolution of the General Assembly with said latter Resolution being approved by the Governor. Section 3. Code Chapter 91-1A is further amended by adding a new Code Section to be numbered Section 91-112.1a to follow Section 91-112a and to read as follows:

"GA1979.1.821">

Disposition of Certain Property. The Department of Natural Resources is hereby authorized to convey to cities, counties, or combinations thereof, in the name of the State, by appropriate instrument, all of the State's interest in any real property acquired by the Department for boat ramps pursuant to Section 91-112a, without the prior approval of the State Properties Commission. Such conveyance may be made without prior appraisal, without a plat and without public bidding procedures, and shall be made for nominal consideration or such consideration as may be agreed upon between the Department and the other party or parties to such conveyance. Section 4. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1979. STATE BUILDING ADMINISTRATIVE BOARDTERMINATION DATE. No. 497 (House Bill No. 7). AN ACT To amend an Act creating the State Building Administrative Board, approved April 21, 1969 (Ga. Laws 1969, p. 546), as

"GA1979.1.822">

amended, so as to establish a termination date for the State Building Administrative Board and the date on which the aforesaid Act shall stand repealed; to repeal a specific resolution; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Building Administrative Board, approved April 21, 1969 (Ga. Laws 1969, p. 546), as amended, is hereby amended by adding a new Section between Sections 10 and 11 to be designated Section 10A and to read as follows: Section 10A. Termination date; repeal of Act. (a) The termination date of the State Building Administrative Board is July 1, 1980. This Act, 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), as amended, and this Section shall serve to continue the State Building Administrative Board in accordance with the dates established by subsection (a) of this Section. Section 2. A resolution entitled: A Resolution changing the scheduled termination date of the State Building Administrative Board; and for other purposes., approved April 6, 1978 (Ga. Laws 1978, p. 2098), is hereby repealed in its entirety. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.823">

DEPARTMENT OF HUMAN RESOURCESFEES FOR LABORATORY SERVICES. Code Section 88-108 Amended. No. 498 (House Bill No. 9). AN ACT To amend Code Section 88-108, relating to the duties, functions and powers of the Department of Human Resources, so as to add a provision to establish fees for services; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 88-108, relating to the duties, functions and powers of the Department of Human Resources, is hereby amended by adding at the end thereof a new subsection (1), to read as follows: (1) Establish, by rule adopted pursuant to Georgia Laws 1964, page 338 as amended, known as the Georgia Administrative Procedure Act, a schedule of fees for laboratory services provided, said schedules to be determined in a manner so as to help defray the costs incurred by the Department, but in no event to exceed said costs, both direct and indirect, in providing such laboratory services; provided no person shall be denied services on the basis of his inability to pay. All fees paid hereunder shall be paid into the general funds of the State of Georgia. Section 2. The individual who requests services authorized in this act shall pay the fee.

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(A) Individual as used in section means a natural person. 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 13, 1979. EXEMPTION FOR LAW ENFORCEMENT OFFICERS FROM PROVISIONS RELATING TO INVASION OF PRIVACY. Code Section 26-3004 Amended. No. 499 (House Bill No. 15). AN ACT To amend Code Section 26-3004, relating to exemptions of law enforcement officers from the provisions of Code Chapter 26-30, relating to invasions of privacy, as amended, so as to make arson a crime which will authorize an investigation warrant; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 26-3004, relating to exemptions of law enforcement officers from the provisions of Code Chapter 26-30, relating to invasions of privacy, as amended, is hereby amended by adding immediately following the words or any crimes involving, where such words appear in the first sentence of subsection (c) of said Code Section, the following:

"GA1979.1.825">

arson,, so that when so amended, subsection (c) of Code Section 26-3004 shall read as follows: (c) When there is probable cause to believe that a person is committing or has committed an act which endangers the national security of the United States or the security of this State or that such person is committing or has committed the crime of treason, insurrection, rebellion, espionage, sabotage, or any felony involving bodily harm, or any crimes involving arson, kidnapping, narcotics, dangerous drugs, burglary, prostitution, theft, blackmail, extortion, bribery, gambling or any felony involving alcoholic beverage laws, auto thefts, or there is probable cause to believe that a private place is being utilized or has been utilized for the commission of any such crime, then, upon written application, under oath, of the district attorney of the circuit wherein the device is to be physically placed, or the Attorney General, which application affirms that there is probable cause to believe (1) that a person is committing or has committed any of the crimes enumerated in this subsection, or (2) that a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this subsection and sets forth specifically the basis of such probable cause and particularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard or observed, as the case may be, any judge of the superior court of the circuit aforesaid may issue an investigation warrant permitting the use of devices, as defined by Section 26-3009, for the surveillance of such person or place provided such warrant specifies with particularity the device or devices the use of which is to be thereby permitted, the purpose, duration and circumstances of use permitted, the crime or crimes allegedly being committed, and the person or persons and place or places to be subject to such surveillance. 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 13, 1979.

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MOTOR VEHICLESREPORTS OF ACCIDENTS. Code Section 68C-301 Amended. No. 500 (House Bill No. 18). AN ACT To amend Code Section 68C-301, relating to motor vehicle safety responsibility accident reports and security, as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1494), so as to provide that the operator or owner of a motor vehicle involved in an accident shall not be required to report the accident to the Commissioner of Public Safety unless required to do so by the Commissioner or unless the accident is not investigated by a law enforcement officer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 68C-301, relating to motor vehicle safety responsibility accident reports and security, as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1494), is hereby amended by striking subsection (a) and inserting a new subsection (a) to 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 receiving a written request from the Commissioner 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 receiving a written request from

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the Commissioner. 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. If no law enforcement officer investigates, or is called to the scene of the accident, then such report shall be filed by the operator of a moving vehicle within 10 days after the accident and by the owner of a parked vehicle within 10 days after learning of the accident. Section 2. Said Code Section 68C-301 is further amended by adding at the end of subsection (b) the following: The driver or the owner is not required to file a report or furnish other information unless requested by the Commissioner to do so in writing or unless no law enforcement officer investigates, or is called to the scene of, the accident., so that said subsection (b), when so amended, shall read as follows: (b) The driver or the owner of the vehicle involved in the accident shall furnish such additional relevant information as the Department may require. The driver or the owner is not required to file a report or furnish other information unless requested by the Commissioner to do so in writing or unless no law enforcement officer investigates, or is called to the scene of, the accident. Section 3. Said Code Section 68C-301 is further amended by adding to subsection (c) immediately after the following: within 10 days after learning of the accident, the following: if no law enforcement officer investigated, or was called to the scene of, the accident, or within 10 days after receiving a written request from the Commissioner so that said subsection (c), when so amended, shall read as follows:

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(c) If such operator is physically incapable of making a report and is not the owner of the motor vehicle involved, the owner of the motor vehicle involved in the accident shall, within 10 days after learning of the accident if no law enforcement officer investigated, or was called to the scene of, the accident, or within 10 days after receiving a written request from the Commissioner, make such report. If the operator and owner is the same person, and is physically incapable of making such report within the required 10-day period, such person shall file the report as soon as he is able to do so, and in the meantime, the Commissioner has authority to request a report of the accident from any officer who investigated the accident. 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 13, 1979. GAME AND FISHFIREARMS USED IN HUNTING DEER. Code Section 45-503 Amended. No. 501 (House Bill No. 24). AN ACT To amend Code Section 45-503, relating to legal weapons which may be used to hunt wildlife, so as to change certain provisions relating to which weapons may be used; to change the provisions relative to legal weapons for hunting wildlife; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Section 45-503, relating to legal weapons which may be used to hunt wildlife, is hereby amended by striking subsection (c) thereof in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Firearms for hunting deer are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (exception: no buckshot is permitted on State Wildlife Management Areas unless otherwise specified), muzzle loading rifles of.44 caliber or larger, and rifles using any center-fire cartridge.22 caliber or larger; provided, however, a.218 Bee;.22 Hornet;.25-20;.256 Magnum; guns using.30 caliber Army carbine cartridges;.32-20;.32-40;.357 Magnum;.38 Special;.38-40; and.44-40 shall not be used. Handguns with a barrel length of 5.9 inches or more, adjustable sights, and of the following calibers:.30 Herrett,.357 Herrett,.357 Automag,.41 Magnum,.41 Automag,.44 Magnum,.44 Automag, and.45 Automag may also be used for hunting deer. Bullets used in all rifles and handguns must be of the expanding type. It shall be unlawful for any person, when hunting with four or more other hunters, to use a handgun or rifle while hunting deer with dogs. and by striking subsection (e) of said Code Section 45-503 which reads as follows: (e) Shotguns must be plugged to limit them to a capacity of not more than three (3) shells in the magazine and chamber combined. The plug must be of one piece, incapable of being removed through the loading end of the magazine, and, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) (1) For hunting deer, shotguns shall be limited to a capacity of not more than five (5) shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine. (2) For hunting all other game, shotguns shall be limited to a capacity of not more than three (3) shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity,

"GA1979.1.830">

the plug shall be of one piece, incapable of being removed through the loading end of the magazine. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. HOMESTEAD EXEMPTION FROM AD VALOREM TAXATION. Code Section 91A-1111 Amended. No. 502 (House Bill No. 37). AN ACT To amend Code Section 91A-1111, relating to homestead exemption from ad valorem taxation, so as to change the date by which application for the exemption must be made in each year in the case of an exemption from taxes levied by a consolidated city-county government; 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 Section 91A-1111, relating to homestead exemption from ad valorem taxation, is hereby amended by inserting in subsection (a) thereof after the following: April 1, the following: or, in the case of an exemption from taxes levied by a consolidated city-county government, March 1,

"GA1979.1.831">

so that when so amended subsection (a) of Code Section 91A-1111 shall read as follows: (a) The person seeking a homestead exemption as provided in Section 91A-1110 shall file, on or before April 1 or, in the case of an exemption from taxes levied by a consolidated city-county government, March 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. Section 2. In the event of any conflict between the provisions of this Act and the provisions of an Act exhaustively and completely codifying, revising, clarifying, classifying, consolidating, modernizing, and superseding certain revenue laws and laws related to the raising and expenditure of public revenues in this State, approved March 6, 1978 (Ga. Laws 1978, p. 309), the provisions of this Act shall prevail. Section 3. This Act shall become effective January 1, 1980. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. CRIMESDUMPING, ETC. GARBAGE. No. 503 (House Bill No. 43). AN ACT To authorize counties providing containers for dumping trash or garbage therein to designate all or any portion of such containers as suitable for household garbage only; to provide for a definition; to

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provide that it shall be unlawful to dump refuse or other material, except household garbage, into a container marked household garbage only; to provide that it shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any containers provided by any county for the dumping of trash or garbage; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . As used in this Act, household garbage means animal, vegetable and fruit refuse matter and other refuse matter ordinarily generated as by-products of a household or restaurant such as tin cans, bottles, paper, cardboard, plastics and wrapping or packaging materials. Section 2 . The governing authority of each county of this State which provides containers for the dumping of trash or garbage therein shall be authorized to designate any or all such containers as being suitable for the dumping therein of household garbage only. If any such container is clearly marked household garbage only, it shall be unlawful for any person to dump any refuse or other material into such container except household garbage. Any person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 3 . It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any containers provided by any county for the dumping of trash or garbage. Any person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

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PUBLIC SALESHOURS OF HOLDING. No. 504 (House Bill No. 45). AN ACT To amend an Act prescribing the time within which public sales shall be held, approved April 9, 1963 (Ga. Laws 1963, p. 366), so as to change the provisions relating to hours of sales; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act prescribing the time within which public sales shall be held, approved April 9, 1963 (Ga. Laws 1963, p. 366), is hereby amended by striking from Section 1 of said Act the following: Eastern Standard Time, and inserting in lieu thereof the following: eastern standard time or eastern daylight time, whichever is applicable,, so that when so amended, Section 1 shall read as follows: Section 1. All public sales conducted within this State shall be between the hours of 10:00 a.m. and 4:00 p.m. eastern standard time or eastern daylight time, whichever is applicable, on the date fixed for such sale. For the purposes of this Act, a public sale is any sale the notice of which must by law in any manner be given to the public. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

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THE PATIENT COST OF CARE ACT. No. 505 (House Bill No. 55). AN ACT To provide for the payment of the cost of care of persons receiving services from State hospitals under the control of the Division of Mental Health and Mental Retardation of the Department of Human Resources; to provide a short title; to provide for definitions; to provide liability for payment; to provide authority to conduct investigations to determine ability to pay; to provide access to income tax records; to provide for confidentiality and for certain penalties in connection therewith; to provide billing and collection procedures; to provide that certain assets in addition to income shall be liable for payment of cost of care and shall be considered in determining assessments; to provide authority for the establishment of standards for determining ability to pay; to provide for hearings; to provide a right of action to collect amounts due; to provide for equality of care; to provide authority to promulgate rules and regulations; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide effective dates; 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 Patient Cost of Care Act. Section 2. Definitions . As used in this Act, the following terms shall have the following meanings, unless a contrary meaning is clearly indicated by the context thereof:

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(a) Department means the Georgia Department of Human Resources. (b) State hospital shall mean any State hospital which now or hereafter comes under the control of the Division of Mental Health and Mental Retardation of the Department and any facility operated in conjunction therewith. (c) Patient means any person who is admitted to or receives services from a State hospital. (d) Persons liable for cost of care means: (1) The patient or his estate or both; (2) The patient's spouse, except as limited by Article I, Section I, Paragraph XXIV of the Constitution of Georgia of 1976; (3) The parent or parents of a patient provided that such patient has not reached his eighteenth birthday; (4) Any fiduciary or representative payee holding assets for the patient or on his behalf, including in his representative capacity the guardian, trustee, executor, or administrator of any trust, estate, inheritance or fund in which a patient has a legal or beneficial interest. (e) Cost of care means the costs incurred for the support, care and treatment of each individual patient or the per patient average of such costs as determined by the Department on the basis of the estimated current operating costs of the hospital, or an identifiable part or section thereof, providing such services. (f) Income means that amount determined by adding to the gross income (as now or hereafter defined in Georgia income tax laws), minus deductions and personal exemptions (as authorized by said Georgia income tax laws), the following items, if such items are not already included in gross income as defined above: (1) Any amounts received by or on behalf of the person liable for cost of care from accident insurance or workmen's compensation for total or partial incapacity to work, plus the

"GA1979.1.836">

amount of any damages received by or on behalf of the person liable for cost of care, whether by suit or agreement, on account of such injuries or sickness; (2) The net income from property acquired by gift, bequest, devise or descent; (3) Interest upon obligations of the United States Government, or of this State or of a political subdivision thereof; (4) The net income from individual holdings of stock in banks and trust companies incorporated under the banking laws of this State or of the United States; (5) Retirement income, social security benefits, veterans benefits and any other benefits that could be applied for the support of the patient; (6) The net income from any other assets, including but not limited to personal property, real property, or mixed property and any other property or estate wheresoever located and in whatsoever form, inclusive of any assets sold or transferred within a period of ninety days prior to the date services were first rendered to the patient by a hospital. (g) Assessment means a determination by the Department of the amount payable by the persons liable for cost of care for services rendered to a patient, and said amount shall be either the full cost of care or, if applicable, the amount payable toward cost of care, determined in accordance with the requirements of Section 3 of this Act. Section 3. Assessments; notification of persons liable for cost of care; redetermination. (a) The Department shall determine all persons who are liable for the cost of care of a patient and notify such persons of their joint and several liability and of their assessment. Such notice shall offer opportunity for any person so notified to be heard to show cause, if there be any, why such person should not be liable for payment of the assessment. (b) When the Department determines that persons legally liable for the cost of care of a patient do not have sufficient income or

"GA1979.1.837">

assets to pay the entire cost of care, the Department shall determine for each such person the amount payable toward cost of care which shall be a fair and equitable amount based on ability to pay determined in accordance with the requirements of Section 8 of this Act. When applicable, the notice provided for in subsection (a) hereof shall reflect as the assessment the amount payable toward cost of care provided for herein, and if a hearing is requested by any person receiving such notice, such person may question his liability for cost of care as well as the amount of his assessment. (c) Any investigation or hearing regarding ability to pay shall not operate to deny or delay admission of a patient to a hospital or to deny or delay providing services for such patient. (d) It shall be the duty of the Department to periodically reexamine the assessment and either reduce or increase such assessment, as hereinafter provided, in accordance with changes in the ability to pay of the person liable for cost of care. If the Department determines that the economic circumstances of a person liable for cost of care have improved to an extent justifying an increase in the assessment, any such increase shall apply only to cost of care for services rendered for the patient after the effective date of the increase in assessment, and no such increase shall cause the assessment to exceed the total cost of care. The Department may not increase an assessment as provided herein without affording the person liable for cost of care an opportunity for a hearing on the question of the increase in the assessment. A person liable for cost of care may apply to the Department for a change in the assessment when the person's economic circumstances have changed sufficiently to affect adversely his future ability to pay. If an assessment for services previously rendered for a patient is being paid in accordance with a scheduled plan of payments approved by the Department, then a reduction in assessment because of a change in the economic circumstances affecting adversely the ability to pay of the person liable for cost of care may apply to that portion of the assessment for services previously rendered for the patient which remain unpaid as of the date of the reduction of the assessment, as well as to the assessment for cost of services rendered after the date of the reduction. However, no such reduction shall require the refund of any payments made on an assessment prior to the date of the reduction of the assessment. After investigation and hearing, the Department shall act upon the application made by the person

"GA1979.1.838">

liable for cost of care. Any redetermination of the assessment pursuant to this subsection shall be subject to the requirements of Section 8 of this Act. (e) Any person liable for cost of care who has the financial ability to pay such cost of care, or a portion thereof, may offer to the Department, in writing, a proposed agreement whereby such person agrees to pay an assessment specified in such proposed agreement. If the Department finds that such proposed agreement is satisfactory and that the assessment specified therein is in conformity with the standards promulgated by the Department pursuant to Section 8 of this Act, it may sign such agreement and accept payment of the assessment specified therein in lieu of conducting a hearing and making and entering an order of assessment based upon the evidence produced at a hearing. Any assessment made pursuant to the authority of this subsection shall be subject to redetermination as provided by subsection (d) of this Section. (f) When a person liable for cost of care has paid in full an assessment for cost of care, such person shall not have any further obligation to the State or to the Department for the payment of cost of care for services which are included in the paid in full assessment. Section 4. Determination of income and assets. (a) The Department, through its duly authorized agents, shall have the authority to investigate or otherwise determine the income and assets of the patient or his estate and, when necessary, the income and assets of all other persons liable for the cost of care of such patient in order to determine ability to pay cost of care. The Department shall have the authority to contract with any person, firm or corporation which it finds necessary to provide the information appropriate to the carrying out of its duties under this Act. (b) The Department shall prescribe the form and content of and require declarations to be filed by the patient or other persons liable for cost of care necessary to determine the assessments required by this Act. All such declarations are to be regarded as essential to carrying out the public policy of the State of Georgia, and any person who knowingly falsifies such declarations shall be charged as for false swearing. Failure by the patient or other persons liable for cost of care to provide information required by such declarations

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shall create a rebuttable presumption that the patient or other persons liable for cost of care consents to and agrees with the assessment, and the declaration shall contain on its face, conspicuously and in clear language, a statement to that effect. (c) The Department, through its duly authorized agents, shall have access to Georgia income tax records for the purpose of obtaining necessary information to enforce this Act. Upon the request of the Department or its duly authorized agents, the State Revenue Commissioner and his agents or employees shall disclose such income tax information contained in any report or return required under Georgia law as may be necessary to enforce the provisions of this Act. Any tax information secured from the federal government by the Georgia Department of Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code of 1954 may not be disclosed by said Department of Revenue pursuant to this subsection. Any person receiving any tax information or tax returns under the authority of this subsection shall be considered either an officer or employee as those terms are used in the first paragraph of Code Section 92-3216 (subsection (a) of Code Section 91A-3711 on and after January 1, 1980) and as such an officer or employee, any person receiving any tax information or returns under the authority of this subsection shall be subject to the provisions of Code Section 92-9914 (Code Section 91A-9932.1 on and after January 1, 1980), relating to sanctions to be imposed for the unauthorized disclosure of confidential information regarding income taxes. (d) Any evidence, records or other information obtained by the Department or its duly authorized agents pursuant to the authority of this Section shall be confidential and shall be used by said Department or its agents only for the purposes of enforcing the provisions of this Act and shall not be released for any purpose other than a hearing provided for by this Act. Section 5. Responsibility for cost of care. Each patient receiving services from a State hospital shall be legally responsible for, and shall pay to, the Department the cost of his care received from a State hospital. Payments for cost of care shall be payable following the receipt of services in accordance with standards and procedures established by the Department. In the event the Department is unable to collect the assessment from the patient, or in the event the patient's assessment is less than the full cost of care for such patient,

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then all other persons liable for the cost of care for such patient shall pay to the Department their respective assessments as provided by Section 3 of this Act. Section 6. Insurance. In the event the patient is covered by an insurance contract providing for payment of hospitalization, medical expenses and other health care services, or any combination thereof, such patient, or other person liable for the cost of care of such patient, shall pay or cause to have paid, from such insurance benefits, without deduction, exemptions or credits, the full cost of care of the patient, or that portion thereof covered by such insurance benefits. In connection therewith, the assessment of persons liable for cost of care of the patient made by the Department pursuant to the provisions of Section 3 of this Act shall be for the total amount payable by such insurance benefits up to the total cost of care or for that portion of cost of care payable by such insurance benefits, and if such insurance benefits are less than the total cost of care, such assessment shall include an assessment based on the remaining balance. For the purpose of carrying out the provisions of this Section, the Department is authorized to accept assignment of benefits payable under such insuring agreements, but the Department shall not require the assignment of such benefits as a condition precedent to the admission of a patient to a hospital or as a condition precedent to providing services for such patient. Section 7. Other assets. (a) In addition to the use of income for determining assessments provided for in this Act and for the payment of such assessments, any other assets of a person liable for cost of care, except as provided in subsection (b) of this Section, shall be considered in determining an assessment and shall be liable for the payment thereof. Such assets shall include any tangible or intangible property or any combination thereof and shall also include the net proceeds derived from the disposition of any such property including any disposition of any such property which took place ninety days or less prior to the date services were first rendered to the patient by a hospital. When the income of a person liable for cost of care is sufficient to determine that an assessment should be made for the total cost of care, it shall not be necessary for the Department to investigate and determine the other assets of such person, but such investigation and determination may be made by the Department if necessary to collect the assessment from the person liable for cost of care.

"GA1979.1.841">

(b) The following assets of a person liable for cost of care shall be exempt from the provisions of subsection (a) of this Section: (1) Real property which qualifies for a homestead exemption pursuant to the requirements of subchapter B of Code Chapter 91A-11 of the Georgia Public Revenue Code or Article VII, Section I, Paragraph IV of the Constitution of 1976; and (2) Any other real property which constitutes the principal residence of the person liable for cost of care but which does not qualify for a homestead exemption under paragraph (1) above; and (3) Any other assets up to a total value of $10,000.00. Section 8. Standards for assessments. The Department shall establish standards for determining assessments when such assessments are less than the full cost of care. Such standards shall be based on the income, assets and other circumstances of the persons liable for cost of care and shall include consideration of the number of dependents (as defined under Georgia income tax law and regulations), legal rights to payment under any insurance agreement, and other evidence of ability to pay, but no assessment shall be fixed or collected on the basis of any assets exempted by the provisions of subsection (b) of Section 7 of this Act. In establishing standards to determine such assessments, the Department shall adopt criteria to be applied uniformly to all persons liable for cost of care. To the extent practicable, such criteria shall insure that persons having the same or substantially the same financial ability to pay cost of care shall have the same or substantially the same financial obligation to pay such cost of care. Section 9. Hearings. Hearings shall be held 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, and judicial review of a final decision by the Department shall be as provided in Section 20 of said Georgia Administrative Procedure Act. Section 10. Actions for collection authorized. The Department shall bill persons liable for cost of care for the amount due on their assessments in the same manner as other debts and accounts. The

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Department is authorized to maintain in the name of the Department and the State of Georgia any action at law or equity in any court of this State or any other state which may be necessary to collect said sums. Section 11. Care of patients not related to payment. Care rendered to all patients in State hospitals shall be of the same nature and quality without regard to whether the payment of any sum or sums is made under the provisions of this Act for the cost of care. Section 12. Rules and regulations. The Department shall have the authority to promulgate necessary rules and regulations to implement and carry out the provisions of this Act. Such rules and regulations shall be adopted and promulgated pursuant to the requirements of the Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. Section 13. Payment of funds collected. All funds collected by the Department pursuant to the provisions of this Act shall be paid into the general funds of the State treasury. Section 14. 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 15. Specific law repealed. An Act providing for the payment of the cost of care of persons admitted or committed to State institutions, approved March 23, 1960 (Ga. Laws 1960, p. 1138), as amended, is hereby repealed in its entirety. Section 16. Effective dates. For administrative purposes including the adoption of rules and regulations pursuant to the requirements of this Act, this Act shall become effective upon its approval

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by the Governor or upon its otherwise becoming law without his approval. This Act shall become effective for all purposes on July 1, 1979. Section 17. General repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. LICENSING OF APPLIED PSYCHOLOGISTSACT AMENDED. No. 506 (House Bill No. 58). AN ACT To amend an Act making provisions for the licensure of applied psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as amended, particularly by an Act approved March 10, 1964 (Ga. Laws 1964, p. 256), and by an Act approved March 20, 1970 (Ga. Laws 1970, p. 511), so as to delete the citizenship requirement for licensure by the Board; to provide for hearings; to provide for appeals to the superior court; to provide for application, examination, license and registration fees; to provide for license renewals; 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 making provisions for the licensure of applied psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408), as amended, particularly by an Act approved March 10, 1964 (Ga. Laws 1964, p. 256), and by an Act approved March 20, 1970 (Ga. Laws 1970, p. 511), is hereby amended by deleting the third sentence of Section 7 of such Act and inserting in lieu thereof a new third sentence of Section 7 of said Act, to read as follows:

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A candidate for such license shall furnish the Board with satisfactory evidence that he (a) is of good moral character; (b) has received a degree of doctor of philosophy in psychology from an accredited educational institution recognized by the Board as maintaining satisfactory standards, or, in lieu of said degree, a doctorate degree in a closely allied field, if it is the opinion of the Board that the training required therefor is substantially similar; (c) has had at least one year of experience in applied psychology of a type considered by the Board to be qualifying in nature; (d) is competent in applied psychology, as shown by passing such examinations, written or oral, or both, as the Board deems necessary; and (e) has not within the preceding six months failed an examination given by the Board: Provided that the Board may at its discretion accept satisfactory substitute training and experience in lieu of that prescribed in (b) and (c). Section 2. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12, to read as follows: Section 12. Hearing on Refusal, Revocation, Suspension for Cause, or Denial Based on Lack of Good Moral Character. The Board may not suspend or revoke or refuse to renew any license for cause nor refuse to issue a license for lack of good moral character unless the person accused has been afforded an opportunity for a hearing by the Board before either the Board or its hearing officer. The hearing shall be held in accordance with the Georgia Administrative Procedure Act, and the Board or its hearing officer shall have all the powers and authority granted to tribunals and their hearing officers under that Act. Section 3. Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13, to read as follows: Section 13. Appeal from Board's Ruling on Refusal, Revocation or Suspension for Cause. The action of the Board in granting or refusing to grant or renew a license under this Act, or in revoking or suspending or refusing to revoke or suspend such a license, may be appealed in accordance with the Georgia Administrative Procedure Act to the superior court in the county where the Joint Secretary maintains his offices, provided that if the findings of the Board

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are supported by any evidence, then said findings shall be accpted by the court. Section 4. Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15, to read as follows: Section 15. License and Registration Fees. The Board shall be empowered to establish fees for all applications, examinations, licenses, registrations, or permits authorized by this Act, or for the renewal of any such licenses, registrations, or permits, such fees to be commensurate with the cost of fulfilling the statutory duties imposed upon said Board. No part of any fee shall be refundable under any circumstances. Section 5. Said Act is further amended by striking Section 16 in its entirety and inserting in lieu thereof a new Section 16, to read as follows: Section 16. Renewal of Licenses. Licenses issued by the Board shall be renewed by the licensee in the manner provided by Ga. Code Ann. Section 84-104. Should any license not be renewed by the date prescribed, the licensee shall pay a late fee in an amount to be set by the Board before said licensee's license shall be renewed. 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

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SLAUGHTER OF HORSES REGULATED. No. 507 (House Bill No. 60). AN ACT To prohibit the slaughter of horses under certain circumstances; to provide for the regulation of the slaughter of horses under certain circumstances; to provide for records and rules and regulations; to amend a certain amendatory Act relating to meat, poultry, and dairy processing plants, approved March 10, 1959 (Ga. Laws 1959, p. 168), so as to provide for inspections; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No person, partnership, association, corporation, or firm shall slaughter a horse in this State for the purpose of selling or offering for sale for human consumption and for other than human consumption the horse meat derived from such slaughtered animal unless: (a) such horse shall have remained on the business premises for at least four consecutive days prior to its slaughter; (b) the vehicle license plate number and state of issue of any motor vehicle and any trailer used to transport such horse to the business premises is recorded and retained at such premises; (c) an identifying description of such horse is maintained at such premises; (d) The person delivering or selling the horse or horses is identified by his driver's license number and address and said number is recorded on the bill of sale; and

"GA1979.1.847">

(e) satisfactory records, pursuant to rules and regulations of the Georgia Department of Agriculture, are kept to show items (a), (b), and (c) of this Section. Section 2. An Act relating to meat, poultry, and dairy processing plants, approved March 9, 1956 (Ga. Laws 1956, p. 748), as amended, particularly by an Act approved March 10, 1959 (Ga. Laws 1959, p. 168), is hereby amended by adding before the period at the end of Section 4 of said amendatory Act, the following: ; provided, the Georgia Department of Agriculture may inspect any business operations involving the slaughter of horses in this State for the purpose of selling or offering for sale the horse meat derived therefrom, in order to enforce certain restrictions relating to such slaughter, so that when so amended Section 4 of said amendatory Act shall read as follows: Section 4. This Act shall in no way be construed to apply or require further inspection of meat, poultry or dairy products in this State when same are required to be inspected by inspectors of the United States Department of Agriculture; provided, the Georgia Department of Agriculture may inspect any business operations involving the slaughter of horses in this State for the purpose of selling or offering for sale the horse meat derived therefrom, in order to enforce certain restrictions relating to such slaughter. Section 3. Any person, partnership, association, corporation, or firm violating any provisions of this Act, including but not limited to refusing to permit an inspection authorized by this Act, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

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CRIMESFINES AS CONDITION PRECEDENT TO PROBATION IN FELONY CASES. Code Section 27-2529 Amended. No. 508 (House Bill No. 65). AN ACT To amend Code Chapter 27-25, relating to sentences, as amended, so as to provide for the payment of a fine as a condition precedent to probation in felony cases; to repeal an Act relating to fines in certain felony cases, approved March 13, 1957 (Ga. Laws 1957, p. 477), as amended specifically by an Act approved March 18, 1964 (Ga. Laws 1964, p. 496); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 27-25, relating to sentences, as amended, is hereby amended by adding a new Code Section 27-2529 to read as follows: 27-2529. Payment of fine as condition precedent to probation in felony cases. In any case where the judge may, by any law so authorizing, place or probation any person convicted of a felony, such judge may in his discretion impose a fine on such person so convicted as a condition to such probation. Such fine shall not exceed $10,000.00 or the amount of the maximum fine which may be imposed for conviction of such a felony, whichever is greater. In any case where probation shall be revoked, the defendant shall not be entitled to any rebate or refund of any part of such fine so paid. Section 2. An Act relating to fines in certain felony cases, approved March 13, 1957 (Ga. Laws 1957, p. 477), as amended specifically by an Act approved March 18, 1964 (Ga. Laws 1964, p. 496), is hereby repealed in its entirety.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. GAME AND FISHELIMINATION OF WILD OR ABANDONED DOGS. Code Section 45-105.1 Enacted. No. 509 (House Bill No. 67). AN ACT To amend Code Title 45, known as the Game and Fish Code, as amended, so as to authorize the Department of Natural Resources upon the request of the governing authority of any city, county or combination thereof to provide technical assistance for the control or elimination of wild or abandoned dogs running large; to provide that such cities, counties or combinations thereof shall bear all costs other than such technical assistance; 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 inserting a new section between sections 45-105 and 45-106 to be designated 45-105.1 and to read as follows: 45-105.1 Technical Assistance for Control or Elimination of Wild or Abandoned Dogs. Upon the request of the governing authority of a city, county or combination thereof, the Department is authorized to provide technical assistance to such city, county or combination thereof relative to the control or elimination of wild or

"GA1979.1.850">

abandoned dogs running at large; provided, however, with the exception of the technical assistance provided in accordance with this section, all costs relative to such control or elimination shall be borne by such city, county or combination thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. TAXATION OF INSURANCE PREMIUMSANNUITY CONSIDERATIONS. Code Section 56-1303 Amended. No. 510 (House Bill No. 70). AN ACT To amend Code Section 56-1303, relating to rate of taxation on insurance premiums, so as to exempt annuity considerations from the tax; to provide legislative intent; to provide for continued application of the tax to certain annuity considerations during certain specified periods of time; 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. Legislative Intent. (a) Because annuity considerations are more closely akin to deposits in savings accounts than they are to premiums for insurance, the General Assembly desires to exempt all such annuity considerations from taxation as insurance premiums. However, inasmuch as the projected revenue loss to the State and to many of its municipalities may dramatically affect their budgets for the upcoming fiscal year if a total exemption were

"GA1979.1.851">

granted in one year, this Act shall provide for a three-year phaseout of the current tax on annuity considerations which shall commence on January 1, 1980, and shall end as of December 31, 1982. (b) This phaseout program coupled with the normal annual increases in the amount of revenues generated by the taxation of premiums for other lines of insurance should result in an orderly discontinuance of this tax with a minimal, if not negligible, impact on the overall revenues received by the State and by certain of its municipalities from the taxation of insurance premiums. Section 2. Code Section 56-1303 Amended. Code Section 56-1303, relating to rate of taxation on insurance premiums, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 56-1303, to read as follows: 56-1303. Insurance premiums: Annuity considerations not included: Exceptions. (1) All foreign, alien, and domestic insurance companies doing business in this State shall pay a tax of two and one-fourth (2 1/4%) percent upon the gross direct premiums received by them on and after July 1, 1955, upon persons, property, or risks in Georgia, from January 1st to December 31st, both inclusive, of each year without regard to business ceded to or assumed from other companies, nor shall any deductions be allowed for premium abatements of any kind or character or for reinsurance or for cash surrender values paid, or for losses or expenses of any kind, said tax being imposed upon gross premiums received from direct writings without any deductions whatever except for premiums returned on change of rate or cancelled policies; Provided, however, deductions may be made for return premiums or assessments, including all policy dividends, refunds, or other similar returns paid or credited to policyholders and not reapplied as premium for additional or extended life insurance. The term `gross direct premiums' shall not include annuity considerations. (2) Notwithstanding the provisions of subsection (1), for the three calendar years beginning January 1, 1980, and ending December 31, 1982, the term `gross direct premiums,' as used in this Section, shall include annuity considerations and such annuity considerations shall continue to be subject to taxation as provided for in this Section; provided that, as to that portion of such insurer's gross premiums which represent taxable annuity considerations, the

"GA1979.1.852">

rate of tax applicable to each insurer required to pay such taxes shall be reduced annually as follows: (a) For the calendar year beginning January 1, 1980, the applicable rate of tax shall be reduced by 3/4 of 1%; (b) For the calendar year beginning January 1, 1981, the applicable rate of tax shall be reduced by 1 1/2%; and (c) For the calendar year beginning January 1, 1982, the applicable rate of tax shall be reduced by 2 1/4%, so that for the calendar years beginning on and after January 1, 1983, there shall be no further taxation of annuity considerations under this Title. Section 3. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. Effective Date. This Act shall become effective January 1, 1980. Section 5. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.853">

ACT REGULATING DENTISTS AND DENTAL HYGIENISTS AMENDED. Code Chapter 84-7 Amended. No. 511 (House Bill No. 73). AN ACT To amend Code Chapter 84-7, relating to dentists and dental hygienists, as amended, so as to authorize the board to employ additional dentists to assist it in examining applicants; to authorize the board to refuse to grant a license to an applicant or to discipline a dentist licensed in this State; to enumerate the reasons for refusal to grant a license to an applicant; to enumerate the reasons for license revocation; to enumerate the grounds for disciplinary action; to regulate advertising; to authorize the board to restore and reissue a license under certain conditions; to provide that reports made in good faith without fraud or malice relating to a licentiate's or applicant's fitness to practice as a dentist, dental hygienist, or dental assistant shall not subject the person, firm, corporation, association, authority, or other entity submitting the report to civil and criminal liability; to provide that any person who testifies without fraud or malice on behalf of the board in any proceeding 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; 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 84-7, relating to dentists and dental hygienists, as amended, is hereby amended by striking Code Section 84-707 in its entirety and inserting in lieu thereof a new Code Section 84-707, to read as follows: 84-707. Duty of board as to examination of applicants for licenses to practice dentistry; minutes; bylaws; seal.It shall also be the power and duty of said board at its annual meeting and at such other times and places as it may direct to examine all applicants for license to practice dentistry who are entitled under this law to be so

"GA1979.1.854">

examined, and the board may in its discretion employ additional dentists to assist the board in examining such applicants and to issue license to practice dentistry according to the provisions of this law; to make all necessary bylaws and rules for the government of said board and the performance of its duties and to have and use a common seal bearing the name `Georgia Board of Dentistry.' It shall be the duty of the Joint Secretary, State Examining Boards, to collect and apply all fees as directed by this law and by Chapter 84-1; to keep a book showing the names of all persons to whom licenses have been granted by said board to practice dentistry; to keep a book of the names, arranged in alphabetical order, of all persons authorized to practice dentistry and to keep minutes and a record of all the acts of said board and such other books and records as may be necessary to show the acts of said board. Section 2 . Said Code Chapter is further amended by striking Code Section 84-724 in its entirety and inserting in lieu thereof a new Code Section 84-724, to read as follows: 84-724. Revocation or suspension of license; causes for.(a) The Georgia Board of Dentistry shall have authority to refuse to grant a license to an applicant or to revoke the license of a dentist licensed by the board or to discipline a dentist licensed under this Chapter or any antecedent law upon a finding by a majority of the entire board that licentiate or applicant has: (1) Failed to demonstrate the qualifications or standards for a license contained in this Chapter or in the rules and regulations issued by the board pursuant to specific statutory authority; or (2) Knowingly made misleading, deceptive, untrue, or fraudulent misrepresentations in the practice of dentistry or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice dentistry; or made a false or deceptive annual registration with the board; or (3) Been convicted of any felony, or of any crime involving moral turpitude, in the courts of this State or any other state, territory, country, or in the courts of the United States. `Felony' as used in this subsection shall include any offense which, if

"GA1979.1.855">

committed in this State, would be deemed a felony, without regard to its designation elsewhere. For purposes of this subsection, a `conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; or (4) Committed any felony, or any crime involving moral turpitude, where the licentiate or applicant is formally charged with such crime in a criminal proceeding; and (A) has entered a plea of nolo contendere to the charge; or (B) has been treated as a first offender without adjudication of guilt pursuant to the charge; or (C) where an adjudication or sentence is otherwise withheld or not entered on the charge; or (5) Had his license to practice dentistry revoked, suspended, or annulled by any lawful licensing dental authority other than the Georgia Board of Dentistry; or had other disciplinary action taken against him by any lawful licensing dental authority other than the Georgia Board of Dentistry; or (6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licentiate or applicant to practice dentistry; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing dental practice; or (7) (A) Engaged in the practice of dentistry as an officer or employee of any corporation other than one organized and existing pursuant to Chapter 84-43, the `Georgia Professional Association Act', as now or hereafter amended, or Chapter 84-54, the `Georgia Professional Corporation Act', as now or hereafter amended, except as a licensed dentist, or intern, or resident of a hospital or teaching institution licensed by this State; or

"GA1979.1.856">

(B) Used any trade name or corporate name in connection with the practice of dentistry except as authorized by this subparagraph. The board shall be notified in writing of the intended use of a trade name or corporate name. Such name may be used unless the board gives written notice of rejection of the name to the party submitting it within 60 days following the receipt of notice by the board. The board shall not reject any proposed name without reasonable cause. The fact that the name to be used is not the name of the party or parties giving notice shall not be grounds to reject the proposed name. No name rejected for any party shall be approved for any other party without reasonable cause. The board shall be authorized to promulgate rules and regulations to carry out the purposes of this subparagraph; or (8) Knowingly employed directly or indirectly any suspended or unlicensed dentist, dental hygienist, or other person to perform dental operations as specified in Code Section 84-701; or (9) Violated a statute, or law, or any 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 dentistry, 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, consent decree, or license reinstatement; or (10) Sustained a physical or mental disability which renders further practice dangerous to himself or to his patients; or (11) Become unable to practice dentistry 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; or (12) Failed to register with the Joint Secretary as required by law; provided, however, that for a period of twelve months after failure to register, a license may be reinstated by payment

"GA1979.1.857">

of a registration fee to be determined by the board by rule not to exceed $100.00, and by filing of a special application therefor. After this period of twelve months has elapsed, a license may be revoked for failure to register and for failure to pay the fee as provided by law; provided that a registered letter has been sent to the dentist informing him that this action is pending in time for him to make payment. Any license revoked under the terms of this Section may be reinstated only upon an applicant's taking the examination required by Section 84-713 and paying the fees prescribed by law therefor; or (13) The clearly excessive prescribing or administering of drugs or treatment and the use of diagnostic procedures which are detrimental to the patient as determined by the customary practice and standards of the local community of licensees; or (14) Knowingly made any fraudulent, misleading, or deceptive statement in any form of advertising or made any statement in any advertisement concerning the quality of the dental services rendered by that dentist or any dentist associated with him. (b) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Section, the board may take any one or more of the following actions: (1) Refuse to grant a license to an applicant; or (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licentiate; or (3) Suspend any license for a definite period not to exceed two years; or (4) Limit or restrict any license; or (5) Revoke any license; or (6) Condition the penalty, or withhold formal disposition, upon the dentist's, dental hygienist's, dental assistant's, or any other person's submission to the care, counseling, or treatment of

"GA1979.1.858">

physicians, or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board. (7) In addition to and in conjunction with the foregoing actions, the board may make a finding adverse to the licentiate or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the dentist, dental hygienist, dental assistant, or other person on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. The board shall conduct a hearing to determine whether the terms of probation have been violated and the standard of proof required by the board to find a violation of the terms of probation shall be slight evidence. (c) In its discretion, the board may restore and reissue a license issued under this Chapter or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Chapter. (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. Any person who testifies in good faith 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 or dental hygienist shall be immune from civil liability for so testifying. (e) The provisions of this Section shall apply equally to all licentiates or applicants whether individuals; partners, or members of any other incorporated or unincorporated association; corporations; or other associations of any kind whatsoever. Section 3. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. ACT REGULATING PHARMACISTS, PHARMACY AND DRUGS AMENDED. Code Title 79A Amended. No. 512 (House Bill No. 75). AN ACT To amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, so as to provide for the taking of supplemental courses after a candidate has failed the pharmacy examination three times; to update the dangerous drug list to 1979; to provide a new definition for marijuana; to provide for the suspension or revocation of the license of a pharmacist when a licensee pleads nolo contendere to a criminal offense; to provide for a new Code Section 79A-806(d), so as to change which substances shall be classified as hallucinogenic substances; to substitute the term stereoisomers for optical isomer in Code Section 79A-807(b); to change which substances shall be classified as depressants; to provide for three additional drugs in Schedule IV of the Controlled Substances Act; to delete loperamide HCl from Code Section 79A-810(b) and add a new Code Section 79A-810(c) which will include loperamide HCl; to make it unlawful for any practitioner to sign prescriptions in blank; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 79A-402, relating to the qualifications of of applicants for registration, as amended, is hereby amended by adding at the end of Code Section 79A-402 the following:

"GA1979.1.860">

g. Supplemental courses certified by a school of pharmacy and approved by the Georgia State Board of Pharmacy shall be required of any candidate after failing the examination administered by the State Board of Pharmacy three times. After completing the supplemental courses, the candidate is required to retake the complete examination., so that when so amended, Code Section 79A-402 shall read as follows: 79A-402. No person shall be entitled to receive a license as a pharmacist unless he shall possess the following qualifications: a. Be a natural born or naturalized citizen of the United States; b. Be at least the legal age of majority; c. Be a graduate of a generally recognized school or college of pharmacy, as the same may be defined by the Board; d. Have such practical experience as may be prescribed by the Board: Provided, however, that any person who shall have been a student in a generally recognized school or college of pharmacy prior to July 1, 1967, shall be required to have only such practical experience as may have been required by law or the State Board of Pharmacy prior to that date; e. Has successfully passed an examination administered by the State Board of Pharmacy; f. Be a person of good moral character; g. Supplemental courses certified by a school of pharmacy and approved by the Georgia State Board of Pharmacy shall be required of any candidate after failing the examination administered by the State Board of Pharmacy three times. After completing the supplemental courses, the candidate is required to retake the complete examination. Section 2. Code Section 79A-408, relating to the suspension or revocation of pharmacists' licenses, as amended, is hereby amended by adding after Code Sections 79A-408(A)(2) and 79A-408(A)(3) the following:

"GA1979.1.861">

For purposes of this Code Section 79A-408(A), a `conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon., so that when so amended, Code Section 79A-408 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. For purposes of this Code Section 79A-408(A), a `conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon. (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 states having to do with the control of pharmacists, pharmacies and drugs. For purposes of this Code Section 79A-408(A), a `conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the

"GA1979.1.862">

adjudication of guilt or sentence is withheld or not entered thereon. (4) Been adjudicated to be mentally ill or insane. (5) Failed to comply with rules of professional conduct. (6) Violated any of the provisions of this Title. (7) Violated any rules and regulations promulgated by the State Board of Pharmacy. (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

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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 . Code Section 79A-702(b), relating to the definition of a dangerous drug, as amended, is hereby amended by deleting the date 1978 at the end of Code Section 79A-702(b) and substituting in lieu thereof the date 1979, so that when so amended, Code Section 79A-702(b) 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, 1979. Section 4 . Code Section 79A-802(o), relating to the definition of marijuana, as amended, is hereby amended by striking Code Section 79A-802(o) in its entirety and substituting in lieu thereof the following: (o) `Marijuana' means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof; the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples as described in Section 79A-806(d)(16) and shall not include the mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination. Section 5 . Code Section 79A-806(d), relating to materials, compounds, mixtures, or preparations which contain hallucinogenic substances, as amended, is hereby amended by striking Code Section 79A-806(d) in its entirety and substituting in lieu thereof the following: (d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomer, (whether optical, position, or geometric), and

"GA1979.1.864">

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 which shall include, but are not limited to: (i) All synthetic or naturally produced samples containing more than 15% by weight of Tetrahydrocannabinols; and

"GA1979.1.865">

(ii) All synthetic or naturally produced Tetrahydrocannabinol samples which do not contain plant material exhibiting the external morphological features of the plant Cannabis. (17) 2, 5 Dimethoxyamphetamine; (18) 4-Bromo-2, 5, Dimethoxyamphetamine; (19) 4-Methoxyamphetamine; (20) Cyanoethylamphetamine; (21) (1-Phenylcyclohexyl) Ethylamine; (22) 1 - (1-Phenylcyclohexyl) pyrrolidine; (23) Phencyclidine; (24) 1-Piperidinocyelohexanecarbonitrile. Section 6 . Code Section 79A-807(b), relating to Schedule II controlled substance drugs, as amended, is hereby amended by striking the term optical isomer in subsection (4) of Code Section 79A-807(b) and inserting in lieu thereof the term stereoisomers, so that when so amended, Code Section 79A-807(b) shall read as follows: (b) Any of the following substances, or salt thereof, except those narcotic drugs specifically exempted or listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding naloxone hydrochloride, but including the following: (i) Raw Opium

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(ii) Opium extracts (iii) Opium fluid extracts (iv) Powered opium (v) Granulated opium (vi) Tincture of opium (vii) Apomorphine (viii) Codeine (ix) Ethylmorphine (x) Hydrocodone (xi) Hydromorphone (xii) Metopon (xiii) Morphine (xiv) Oxycodone (xv) Osymorphone (xvi) Thebaine. (2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (1) of this paragraph, except that these substances shall not include the isoquinoline alkaloids of opium. (3) Opium poppy and poppy straw. (4) Coca leaves, any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, derivative, stereoisomers of cocaine, or preparation thereof which is chemically equivalent or identical with any

"GA1979.1.867">

of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine. Section 7. Code Section 79A-807, relating to Schedule II controlled substance drugs, as amended, is hereby amended by striking from subsection (e) thereof, the following: (5) Phencyclidine, so that when so amended subsection (e) of Code 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. Section 8. Code Section 79A-809(b), relating to Schedule IV controlled substance drugs, as amended, is hereby amended by adding at the end of Code Section 79A-809(b) the following: (24) Lorazepam; (25) Prazepam; (26) Mubutamate., so that when so amended, Code Section 79A-809(b) shall read as follows:

"GA1979.1.868">

(b) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specified chemical designation, included as having a stimulant or depressant effect on the central nervous system or a hallucinogenic effect: (1) Barbital; (2) Chloral betaine; (3) Chloral hydrate; (4) Ethchlorvynol; (5) Ethinamate; (6) Methohexital; (7) Meprobamate; (8) Methylphenobarbital; (9) Paraldehyde; (10) Petrichloral; (11) Phenobarbital; (12) Fenfluramine; (13) Diethylpropion; (14) Phentermine; (15) Clordiazepoxide; but not including Librax (Chlordiazepoxide Hydrocloride and Clendenium Bromide) or Menrium (Chlordiazepoxide and Water Soluble Esterified Estrogens);

"GA1979.1.869">

(16) Diazepam; (17) Oxazepam; (18) Clorazepate; (19) Flurazepam; (20) Clonazepam; (21) Pemoline; (22) Pentazocine, excluding Pentazocine compound which contains 325 mg. of aspirin and 12 1/2 mg. of Pentazocine; (23) Propoxyphene; (24) Lorazepam; (25) Prazepam; (26) Mubutamate. Section 9. Code Section 79A-810, relating to Schedule V controlled substance drugs, as amended, is hereby amended by striking subsection (6) of Code Section 79A-810(b) in its entirety and adding a new paragraph (c), which shall read as follows: (c) Any compound, mixture, or preparation containing not more than 2 milligrams of loperamide HCl per unit dose., so that when so amended, Code Section 79A-810 shall read as follows: 79A-810. Schedule V. (a) The controlled substances listed in this Section are included in Schedule V, unless and until amended pursuant to Section 79A-803. (b) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or salts thereof, which also contains one or more nonnarcotic active medicinal

"GA1979.1.870">

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 milligrams 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. (c) Any compound, mixture, or preparation containing not more than 2 milligrams of loperamide HCl per unit dose. Section 10. Code Section 79A-820, relating to prescriptions, as amended, is hereby amended by adding at the end of Code Section 79A-820 the following: (h) It shall be unlawful for any practitioner to issue any prescription document signed in blank. The issuance of such document signed in blank shall be prima facie evidence of a conspiracy to violate this Chapter. The possession of a prescription document signed in blank by a person other than the person whose signature appears thereon shall be prima facie evidence of a conspiracy between the possessor and the signer to violate the provisions of this Chapter., so that when so amended, Code Section 79A-820 shall read as follows: 79A-820. Prescriptions. (a) Except when dispensed directly by registered practitioner, other than a pharmacy or pharmacist, to

"GA1979.1.871">

an ultimate user, no controlled substance in Schedule II may be dispenses without the written prescription of a registered practitioner. (b) When a registered practitioner writes a prescription to cause the dispensing of Schedule II substance he shall include the name and address of the person for whom it is prescribed, the kind and quantity of such Schedule II Controlled Substance, the directions for taking, the signature, name, address and Federal Registration number of the prescribing practitioner, and such prescriptions shall be signed and dated by the prescribing practitioner on the date when issued. (c) In emergency situations, as defined by rule of the Board of Pharmacy, Schedule II drugs may be dispensed upon oral prescription of a registered practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of Section 79A-818. No prescription for a Schedule II substance may be refilled. (d) Except when dispensed directly by a practitioner, other than a pharmacy or pharmacist, to an ultimate user, a controlled substance included in Schedule III or IV, which is a prescription drug as determined under any law of this State, or the Federal Food, Drug and Cosmetic Act (52 Stat. 1040 (1938), 21 U.S.C. 301) shall not be dispensed without a written or oral prescription of a registered practitioner. The prescription shall not be filled or refilled more than 6 months after the date on which such prescription was issued, or be refilled more than 5 times. (e) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a legitimate medical purpose. (f) No person shall prescribe or order the dispensing of a controlled substance except a registered practitioner who is: (1) licensed or otherwise authorized by the State of Georgia to prescribe controlled substances; and (2) acting in the usual course of his professional practice; and

"GA1979.1.872">

(3) prescribing or ordering such controlled substances for a legitimate medical purpose. (g) No person shall fill or dispense a prescription for a controlled substance except a person who is licensed by the State of Georgia as a pharmacist, or a pharmacy intern acting under the immediate and direct personal supervision of a licensed pharmacist, in a pharmacy licensed by the Board of Pharmacy, provided that such shall not prohibit a registered physician, dentist, veterinarian or other registered practitioner authorized by the State of Georgia to dispense controlled substances as provided in this Chapter. (h) It shall be unlawful for any practitioner to issue any prescription document signed in blank. The issuance of such document signed in blank shall be prima facie evidence of a conspiracy to violate this Chapter. The possession of a prescription document signed in blank by a person other than the person whose signature appears thereon shall be prima facie evidence of a conspiracy between the possessor and the signer to violate the provisions of this Chapter. Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. HUSBAND AND WIFEPROOF OF AGE, ETC. Code Title 53 Amended. No. 513 (House Bill No. 80). AN ACT To amend Code Title 53, relating to husband and wife, as amended, particularly by an Act approved April 7, 1976 (Ga. Laws

"GA1979.1.873">

1976, p. 1719), so as to change the provisions relating to documentary evidence of proof of age; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 53, relating to husband and wife, as amended, particularly by an Act approved April 7, 1976 (Ga. Laws 1976, p. 1719), is hereby amended by striking the last four paragraphs of Code Section 53-102 and inserting in lieu thereof the following: If either applicant is under the age of majority, parental consent, as provided in Code Section 53-204, shall be required; provided, however, that the age limitations contained herein shall not apply upon proof of pregnancy on the part of the female or where both applicants are the parents of a living child born out of wedlock, in which case the parties may contract marriage regardless of age., so that when so amended, Code Section 53-102 shall read as follows: 53-102. Persons able to contract. To be able to contract marriage, a person must be of sound mind, at least 16 years of age, and laboring under none of the following disabilities, viz.: 1. Previous marriage undissolved. The dissolution of a previous marriage in divorce proceedings must be affirmatively established and will not be presumed. Nothing herein shall be construed to affect the legitimacy of children. 2. Nearness of relationship by blood or marriage, as hereinafter explained. If either applicant is under the age of majority, parental consent, as provided in Code Section 53-204, shall be required; provided,

"GA1979.1.874">

however, that the age limitations contained herein shall not apply upon proof of pregnancy on the part of the female or where both applicants are the parents of a living child born out of wedlock, in which case the parties may contract marriage regardless of age. Section 2. Said Code Title is further amended by striking Code Section 53-206 in its entirety and substituting in lieu thereof the following: 53-206. Proof of majority; provisions for licenses to underage persons. The judge of the probate court to whom the application is made shall satisfy himself that the provisions set forth in Section 53-102 regarding age limitations are met. If the judge of the probate court does not know of his own knowledge the age of a party for whom a marriage license is sought, he shall require such applicant to furnish him with documentary evidence of proof of age in the form of a birth certificate, driver's license, baptismal certificate, certificate of birth registration, selective service card, court record, passport, immigration papers, alien papers, citizenship papers, armed forces discharge papers, armed forces identification card or hospital admission card containing the full name and date of birth. In the event an applicant does not possess any of the above and appears to the judge of the probate court to be at least twenty-five (25) years of age, the applicant, in lieu of furnishing the judge of the probate court with one of the above, may give an affidavit to the judge of the probate court stating the applicant's age. In cases where either or both of the applicants have not yet reached the age of sixteen (16) years, the underage applicant or applicants must submit evidence in the form of a licensed physician's certificate that the female is pregnant or evidence that both applicants are parents of a living child born out of wedlock, in which case the parties may be issued a marriage license immediately. Said certificate, signed by a licensed physician, shall be available for inspection by the parents or guardians of either the female or male applicant under this Section, prior to the destruction of such certificate as provided in this Section, but said certificate shall not be open to public inspection except on order of a judge of the superior courts. After the birth of the child and upon the presentation of the birth certificate of the child to the judge of the probate court and the verification of the accuracy of the birth certificate, the physician's certificate that the female was pregnant and all records of

"GA1979.1.875">

such certificate under the control of the judge of the probate court shall be destroyed. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately. `Licensed physician's certificate' shall include only those certificates signed by physicians licensed under the Code Chapters 84-9 or 84-12. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. BONDS OF CLERKS OF PROBATE JUDGES. Code Section 24-1803 Repealed. No. 514 (House Bill No. 81). AN ACT To repeal Code Section 24-1803, relating to clerks of probate judges; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 24-1803, relating to clerks of probate judges, which reads as follows: 24-1803. Bond. When clerks are thus appointed, before entering on the duties of their offices they must give to the ordinary a bond and security in the sum of $1,000., is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.876">

EASTERN JUDICIAL CIRCUITADDITIONAL JUDGE. No. 515 (House Bill No. 100). AN ACT To add one additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the term of office of the judge and to fix the time at which he shall begin his term of office; to provide for the election of the successors of the judge initially appointed; to prescribe the powers, duties, jurisdiction, privileges, and immunities of the judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and Chatham County; to authorize the judges of the court to adopt, promulgate, amend, and enforce rules of practice and procedure in the court and to provide for the allocation of the work and duties in transacting the business of the court; to provide for the judge senior in term of continuous service to be the presiding judge, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide for the issuance of writs, processes, orders, subpoenas, and other official papers out of the court and the return and trial thereof; to provide for quarters for said additional judge and for additional officers of court or deputies for the administration of the business of the Eastern Judicial Circuit of Georgia; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution of the State of

"GA1979.1.877">

Georgia of 1976, one additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia is hereby added, thereby increasing to four the number of the Judges of the Superior Court for the Eastern Judicial Circuit. Section 2. The 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, 1980, 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, 1980, for a term of four years beginning on the first day of January, 1981, and until his successor is 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. The additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia shall have and may exercise all powers, duties, jurisdiction, privileges, and immunities of a judge of the court. Section 4. The compensation, salary, and contingent expense allowance of the additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia from the State of Georgia shall be the same as that of other judges of the superior courts of Georgia. Also, he shall be paid by Chatham County the same additional compensation as is paid by Chatham County to each of the other judges of the superior court. Section 5. Upon and after qualification of the additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia, the four judges of the court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court, and in transacting the business of the court and in performing their

"GA1979.1.878">

duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of disagreement among the judges in respect hereof, the decision of the senior judge in point of service shall be controlling. Section 6. The judge of the court, senior in term of continuous service, shall be the presiding judge of the court, in whom is to vest the power to make all appointments whenever the law provides for the superior court judge to make appointments. Section 7. All writs, processes, orders, subpoenas, and any other official paper issuing out of the Superior Court for the Eastern Judicial Circuit may bear teste in the name of any judge of the Eastern Judicial Circuit and, when issued by and in the name of any judge of the circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of the court may preside over any cause therein and perform any official act as judge thereof. Section 8. The governing authority of Chatham County shall provide a suitable courtroom, jury rooms, and chambers for the additional judge, and the commissioners are further empowered to provide such additional assistants or employees in the office of the Sheriff of Chatham County and the office of the Clerk of the Superior Court of Chatham County as the business of such court may require. Section 9. Nothing enumerated in this Act 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 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 April 13, 1979.

"GA1979.1.879">

GEORGIA CONTROLLED SUBSTANCES ACT AMENDEDFORFEITURE OF MONEY UNDER CERTAIN CIRCUMSTANCES. Code Section 79A-828 Amended. No. 516 (House Bill No. 101). AN ACT To amend Code Section 79A-828, relating to forfeitures under the Georgia Controlled Substances Act, so as to provide for forfeiture of money and currency under certain circumstances; to provide that forfeited money and currency shall vest in the county; to provide procedures for a portion of the proceeds from the sale of forfeited property to be used to pay informers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 79A-828, relating to forfeitures under the Georgia Controlled Substances Act, is hereby amended by striking subsection (a) thereof in its entirety and substituting in lieu thereof a new subsection (a), to read as follows: (a) The following are subject to forfeitures: (1) All controlled substances and marijuana which have been manufactured, distributed, dispensed, held, or acquired in violation of this Chapter. (2) All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance or marijuana in violation of this Chapter.

"GA1979.1.880">

(3) All property which is used, or intended for use, as a container for property described in paragraphs (1) and (2). (4) All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, hold, conceal, or in any manner to facilitate the transportation, for the purpose of sale or receipt of property described in paragraph (1) or (2), but: (i) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this Section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this Chapter. (ii) No conveyance is subject to forfeiture under this Section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent. (iii) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of, nor consented to the act or omission. (iv) No conveyance is subject to forfeiture under this Section for violations which involve no controlled substances and four (4) ounces or less of marijuana. (5) All books, records and research products and materials, including formulas, microfilm, tapes, and data which are used, or intended to be used, in violation of this Chapter. (6) All money and currency which is found in close proximity to any controlled substance or other property or thing which is subject to forfeiture under this subsection and which otherwise has been used or intended for use in connection with the unlawful manufacture, distribution, dispensing, or possession of any controlled substance. Section 2. Said Code Section is further amended by striking in its entirety subsection (f) thereof and substituting in lieu thereof a new subsection (f), to read as follows:

"GA1979.1.881">

(f) (1) Except as otherwise provided in this subsection, when property is forfeited under this Chapter the director may: (A) Retain it for official use by any agency of this State or any political subdivision thereof; or (B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceedings shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including the expenses of seizure, maintenance of custody, advertising and court costs; or (C) Require the sheriff or police chief of the county in which the seizure occurred to take custody of the property and remove it for disposition in accordance with law. (2) Money and currency which is forfeited shall vest in the county within which it is found and shall be paid into the county treasury as county funds. Section 3. Said Code Section is further amended by adding at the end thereof a new subsection (j), to read as follows: (j) Upon an ex parte application of the district attorney or the sheriff of the county in which such property was seized, the court may order an amount not to exceed one-fourth of the proceeds of the sale of property forfeited under the provisions of this Section to be paid to any person furnishing information which led to the seizure of said property. The court shall specify the method in which such payment shall be made so as to protect the identity of the informer. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.882">

LICENSING OF INSURANCE AGENTS, ETC. Code Chapter 56-8a Amended. No. 517 (House Bill No. 102). AN ACT To amend Code Chapter 56-8a, relating to licensing of insurance agents and counselors, so as to authorize the issuance of licenses to counselors for certain purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Chapter 56-8a, relating to licensing of insurance agents and counselors, is hereby amended by striking Code Section 56-808a, relating to licenses to nonresidents, reciprocal agreements and requirements, in its entirety and inserting in lieu thereof a new Code Section 56-808a, to read as follows: 56-808a. Licenses to nonresidents; reciprocal agreements; requirements. (1) A person not resident in this State may be licensed as an agent or counselor upon compliance with the provisions of this Chapter: Provided, that the jurisdiction in which such person resides accords the same privileges to a citizen of this State. (2) The commissioner is further authorized to enter into reciprocal agreement with the appropriate official of any other jurisdiction waiving the written examination of any applicant resident in such other jurisdiction: Provided: (a) That a written examination is required of applicants for an agent's or counselor's license in such other jurisdiction; (b) That the appropriate official of such other jurisdiction certifies that the applicant holds a currently valid license as an agent or counselor in such other jurisdiction and either passed such written examination or was the holder of an agent's or counselor's license prior to the time such written examination was required;

"GA1979.1.883">

(c) That the applicant has no place of business within this State nor is an officer, director, stockholder, or partner in any corporation or partnership doing business in this jurisdiction as an insurance agency; and (d) That in such other jurisdiction, a resident of this State is privileged to procure an agent's or counselor's license upon the foregoing conditions and without discrimination as to fees or otherwise in favor of the residents of such other jurisdiction. Section 2 . Said Code Chapter is further amended by striking Code Section 56-816b, relating to licenses to nonresident agents and brokers, in its entirety and inserting in lieu thereof a new Code Section 56-816b, to read as follows: 56-816b. Licenses; nonresident agent and brokers. An individual residing in another State, licensed therein as an agent or broker, or counselor, may be licensed by the commissioner as a nonresident agent or broker or counselor under the following circumstances, in the following manner; (1) Upon written application certifying that the applicant will not negotiate or effect a contract of insurance on property or a risk having situs in this State with any insurer not qualified to do business in this State, and upon payment of the required license fee and without requiring a written examination, the commissioner shall issue a license to an individual to act as nonresident agent or broker or counselor who is otherwise qualified therefor under this Title, but who is not a resident of this State, if by the laws of the state of his residence, residents of this State may be licensed in such manner as nonresident agents or brokers or counselors of such State. The license by the commissioner shall be of a classification provided herein and for which the applicant has been licensed in the other State. The required license fee for such license shall be as provided in Chapter 56-13 or the sum which is charged as license fee for nonresident agents or brokers or counselors by the State of the applicant's residence, whichever is larger. (2) No such license, however, shall be issued to a nonresident who maintains an office as an insurance agent or broker or counselor

"GA1979.1.884">

in this State, or who is a member or an employee of a firm or association or is an officer, director, stockholder or employee of a corporation which maintains an office as an insurance agency or broker in this State. Nor shall such license be issued to any individual who does not hold an agent's or broker's or counselor's license by the State of his residence. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 518 (House Bill No. 105). AN ACT To amend an Act entitled The Act Creating the Public School Employees Retirement System, approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended, so as to change the provisions relative to membership and withdrawal of contributions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled The Act Creating the Public School Employees Retirement System, approved April 30, 1969 (Ga. Laws 1969, p. 998), as amended, is hereby 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) The membership of any member shall terminate if he retires under this system or withdraws his contributions. Any member who has not withdrawn his contributions to the Retirement

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System may retain his membership while on any leave of absence authorized by rules and regulations of the Board. The Board may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the Board, or if he ceases to be a contributing member by reason of illness. No benefit under the Retirement System other than the payment of the accumulated contributions of such an employee shall become payable to him or on his account while he is not in service as a public school employee, and no employer contributions shall be made to the system during any such time. Section 2. Said Act is further amended by adding at the end of subsection (e) of Section 9 the following: Any such terminated member who withdraws his accumulated contributions as aforesaid, and who is subsequently reemployed as a public school employee, shall be entitled to reestablish the service credited to him at the time of his termination after he has been continuously reemployed for a minimum of two years. In order to reestablish such service, the reemployed member must pay to the Board of Trustees the amount withdrawn from the Fund at the time of his previous termination plus regular interest thereon from the date of such withdrawal to the date such payment is made to the Board of Trustees., so that when so amended subsection (e) of Section 9 shall read as follows: (e) Should the employment of a member be terminated voluntarily or involuntarily at any time prior to his normal retirement date, he shall be entitled to a refund of his accumulated contributions to the date of his termination. Any such terminated member who withdraws his accumulated contributions as aforesaid, and who is subsequently reemployed as a public school employee, shall be entitled to reestablish the service credited to him at the time of his termination after he has been continuously reemployed for a minimum of two years. In order to reestablish such service, the reemployed member must pay to the Board of Trustees the amount withdrawn from the Fund at the time of his previous termination plus regular interest thereon from the date of such withdrawal to the date such payment is made to the Board of Trustees.

"GA1979.1.886">

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 AMENDED. No. 519 (House Bill No. 120). AN ACT To amend an Act known as the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, particularly by an Act approved March 31, 1971 (Ga. Laws 1971, p. 322), so as to change the minimum base pay for members of the militia; to provide 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 Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. Laws 1955, p. 10), as amended, particularly by an Act approved March 31, 1971 (Ga. Laws 1971, p. 322), is hereby amended by striking the symbol and figure $15.00 in subsection (d) of Section 25 and inserting in lieu thereof the symbol and figure $30.00, so that said subsection, when so amended, shall read as follows: (d) The minimum base pay provided for members of the militia under the provisions of subsections (a) and (b) of this Section shall be $30.00 for each day of duty. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1979.1.887">

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. MEDAL OF HONOR WINNERS' LICENSE PLATES ACT. No. 520 (House Bill No. 121). AN ACT To provide for the issuance of motor vehicle license plates free of charge to certain recipients of the Medal of Honor; to provide for a short title; to provide for the year in which the issuance of such plates shall begin; to authorize and direct the State Revenue Commissioner to design the license plate, establish procedures and promulgate rules and regulations; to provide that this Act shall be supplemental to the motor vehicle licensing laws 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. This Act shall be known and may be cited as the Medal of Honor Winners' License Plates Act. Section 2. Owners of motor vehicles who have been awarded the Medal of Honor and who are residents of this State, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Said license plates shall be fastened to both the front and rear of the vehicle. Section 3. The State Revenue Commissioner may begin issuing distinctive personalized license plates to such Medal of Honor winners for the year 1980 and thereafter.

"GA1979.1.888">

Section 4. The State Revenue Commissioner is hereby authorized and directed to design the license plate, establish procedures and promulgate rules and regulations to effectuate the purposes of this Act. Section 5. This Act is supplemental to the motor vehicle licensing laws of Georgia. 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 13, 1979. INCOME TAXESCOMPUTATION OF TAX, ETC. Code Chapter 92-31 Amended. No. 521 (House Bill No. 125). AN ACT To amend Code Chapter 92-31, relating to imposition, rate, and computation of income taxation, so as to add a new corporate adjustment and a new individual adjustment, respectively, applicable when federal jobs tax credit reduces deductions related to the credit; to amend Code Chapter 91A-36, relating to imposition, rate, and computation of income taxation, so as to incorporate the provisions of this Act into, and to continue the provisions of this Act as a part of, the new Georgia Public Revenue Code; to provide legislative intent; to provide an effective date; to provide for application; to provide for the automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

"GA1979.1.889">

Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-31, relating to imposition, rate, and computation of income taxation, is hereby amended by adding a new paragraph after paragraph (10) of subsection (b) of Code Section 92-3102, relating to taxation of corporations, to be designated paragraph (11) to read as follows: (11) Federal deductions eliminated in connection with federal jobs tax credit. Where a corporation's salary and wage deductions are reduced in computing federal taxable income because the corporation has taken a federal jobs tax credit which required, as a condition to the use of the federal jobs tax credit, the elimination of salary and wage deductions, the eliminated salary and wage deductions shall be subtracted from taxable income. Section 2. Said Code Chapter is further amended by striking in its entirety subsection (a) of Code Section 92-3107, relating to taxable net income, 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, (2) the exemptions provided for in Section 92-3106, with the adjustments provided for in subsection (b), and (3) the amount of salary and wage expenses eliminated in computing the individual's federal adjusted gross income because the individual has taken a federal jobs tax credit, which requires as a condition to the use of the federal jobs tax credit, the elimination of related salary and wage expenses.

"GA1979.1.890">

Section 3. Code Chapter 91A-36, relating to imposition, rate, and computation of income taxation, is hereby amended by adding a new paragraph at the end of subsection (b) of Code Section 91A-3602, relating to taxation of corporations, as amended by that certain Act of the 1979 General Assembly entitled, in part, An Act to revise, modernize, and update certain revenue laws and laws relating to the raising and expenditure of public revenues in this State, to be designated paragraph (10), to read as follows: (10) Federal deductions eliminated in connection with federal jobs tax credit. Where a corporation's salary and wage deductions are reduced in computing federal taxable income because the corporation has taken a federal jobs tax credit which required, as a condition to the use of the federal jobs tax credit, the elimination of salary and wage deductions, the eliminated salary and wage deductions shall be subtracted from taxable income. Section 4. Said Code Chapter is further amended by striking in its entirety subsection (a) of Code Section 91A-3607, relating to taxable net income, as amended by that certain Act of the 1979 General Assembly entitled, in part, An Act to revise, modernize, and update certain revenue laws and laws relating to the raising and expenditure of public revenues in this State, 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; (2) The exemptions provided in the Section 91A-3606, and with the adjustments provided for in subsection (b) of this Section, and (3) The amount of salary and wage expenses eliminated in computing the individual's federal adjusted gross income

"GA1979.1.891">

because the individual has taken a federal jobs tax credit, which requires, as a condition to the use of the federal jobs tax credit, the elimination of related salary and wage expenses. Section 5. It is the intent of the General Assembly, in the event any provision of this Act conflicts with any provision of that certain Act of the 1979 General Assembly entitled, in part, An Act to revise, modernize, and update certain revenue laws and laws relating to the raising and expenditure of public revenues in this State, that the provisions of this Act shall prevail, but only to the extent of the conflict. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that Sections 3 and 4 of this Act shall become effective January 1, 1980. The provisions of this Act shall be applicable to all taxable years beginning on or after January 1, 1979. Section 7. Sections 1 and 2 of this Act are hereby repealed effective January 1, 1980. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. WORKERS' COMPENSATION SUBSEQUENT INJURY TRUST FUND. Code Chapter 114-9 Amended. No. 522 (House Bill No. 496). AN ACT To amend Code Chapter 114-9, relating to subsequent injury in workers' compensation cases, so as to provide a method of setting

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the administrator's salary; 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 114-9, relating to subsequent injury in workers' compensation cases, is hereby amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 114-908, relating to personnel of the subsequent injury trust fund, and substituting in lieu thereof a new paragraph (1) to read as follows: (1) (A) The Board of Trustees shall appoint the Administrator of the fund and he shall serve at the pleasure of the Trustees without term of office. (B) All officials, personnel, and employees of the Board of Trustees of the Subsequent Injury Trust Fund are hereby placed in the classified service of the State Merit System unless otherwise excluded under the authority of Ga. Laws 1975, p. 79, as amended, or other statutory authority: Provided, however, that except for compensation, the Administrator shall not be in the classified service of the State Merit System. Section 2. Said Code Chapter is further amended by striking in its entirety subsection (d) of Code Section 114-908, relating to personnel of the Subsequent Injury Trust Fund, which reads as follows: (d) All employees of the fund, except the Administrator, shall be subject to the rules and regulations of the Merit System of Personnel Administration. 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 13, 1979.

"GA1979.1.893">

GAME AND FISHCOMMERCIAL FISHING, CRABBING, ETC. Code Title 45 Amended. No. 523 (Senate Bill No. 206). AN ACT To amend Code Title 45, known as the Game and Fish Code, so as to define commercial crab trap; to redefine commercial quantities; to redefine soft-shell crab dealer; to change certain provisions relating to the shipping of live fish or fish eggs; to make certain changes relating to the areas and manner, method, means and type of gear for commercial eel fishing; to make it lawful to import, transport or possess crabs when documentary evidence can be provided showing that such crabs were taken outside this State; to make it unlawful to take, import, transport or possess crabs of certain sex, size and stage of development under certain conditions; to make it unlawful for persons, other than licensed saltwater commercial fishermen, to take more than commercial quantities of crabs, other than soft-shelled crabs, during any twenty-four-hour period; to make it unlawful for any person to take or possess peelers in commercial quantities, other than a licensed saltwater commercial fisherman or soft-shell crab dealer, and to provide exceptions; to make it unlawful for any person taking peelers to sell such peelers to any person other than a soft-shell crab dealer; to make it unlawful for a soft-shell crab dealer to purchase peelers from any person other than a licensed commercial saltwater fisherman or soft-shell crab dealer, or from out of state; to make it unlawful for any person other than a licensed soft-shell crab dealer to operate a shedding facility; to extend inland the salt waters of this State on the Satilla and St. Mary's River Systems for crabbing purposes; to make it unlawful to place crab traps in certain waters; to require floats meeting certain criteria to be placed on commercial crab traps; to make it unlawful to fail to place on such floats alphanumeric identification assigned by the Department; to make it unlawful, under certain conditions, to take crabs from another person's trap or to

"GA1979.1.894">

damage, destroy or remove such trap or floats from the waters; to make it unlawful to catch crabs within one hundred feet (100[UNK]) of the dock of any other person; to make it unlawful to engage in commercial crabbing with a boat or vessel without certain alphanumeric identification affixed thereto; to make it unlawful to place commercial crab traps in any stream channel when the channel of the stream has been marked by a lawfully established system of waterway markers; to declare that commercial crab traps in violation of certain requirements are contraband and subject to seizure; to provide for exemptions relative to commercial crab traps attached to a privately owned dock; 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 inserting a new paragraph in Section 45-102 between the present paragraph (10), defining Catch-out pond, and the present paragraph (11), defining Commercial fish hatchery, said new paragraph to be designated as paragraph (11) and to read as follows: (11) `Commercial crab trap' means an oblong cage or cubicle structure constructed of wooden slats, hardware cloth, chicken wire or other similar material with one or more tunnel-shaped entrances for ingress, which allows ingress but which limits egress, to be used as a trap which is designed to be left unattended for long periods of time and is used for catching Decapod crustaceans, mainly of the species Callinectes sapidus., and by renumbering in consecutive order the paragraphs remaining thereafter. Section 2. Said Code Title is further amended by deleting the words two (2) bushels in Section 45-102(13) and by inserting in lieu thereof the following: one (1) bushel,

"GA1979.1.895">

so that when so amended Section 45-102(13) shall read as follows: (13) `Commercial quantities' means an amount equal to one (1) bushel or more. Section 3. Said Code Title is further amended by deleting in Section 45-102 paragraph (56) defining soft-shell crab dealer the word licensed and by inserting in lieu thereof the word approved, so that when so amended paragraph (56) defining soft-shell crab dealer of Section 45-102 shall read as follows: (56) `Soft-shell crab dealer' means any person operating a shedding facility approved by the Department. Section 4. Said Code Title is further amended by deleting subsection (c) of Section 45-810 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) No live fish or fish eggs shall be shipped into this State from any point outside thereof by any person, whether licensed as a dealer or otherwise, unless the following requirements are met: (1) Notice shall be given to the Department at least three (3) days prior to the date such fish or fish eggs enter the State, which notice shall state the consignor and consignee thereof, the place of origin and delivery, and the species, number and weight of such fish or fish eggs. (2) Any person receiving said live fish or fish eggs in this State shall treat, disinfect or dispose of any diseased or parasitized fish and containers at his own expense as may be required by the Department or its agents. Section 5. Said Code Title is further amended by deleting Section 45-815 in its entirety and inserting in lieu thereof the following new Section 45-815:

"GA1979.1.896">

45-815. Commercial Eel Fishing. (a) It shall be unlawful to fish commercially for adult eels except with a valid commercial fishing license and a valid commercial fishing boat license as prescribed in Section 45-303, and except in those areas where saltwater commercial catfishing is permitted as provided in Section 45-814, and except in those areas where commercial crab traps are permitted as provided in Section 45-909, and except in those waters specifically opened to such taking by the Board. (b) It shall be unlawful to fish commercially for adult eels in waters opened by the Board to such taking except in the manner, by the means and method, and with the type of gear authorized by the Board for such taking. It shall also be unlawful to fish commercially for adult eels in any other waters, except with the following gear to which must be attached a tag bearing the name, address and license number of the person using such gear. (1) Traps with a diameter of no more than two feet (2[UNK]) and a length of no more than four feet (4[UNK]) which traps have a muzzle or throat which has a round opening no greater than two inches (2[UNK]) in diameter. The mesh size for such traps may be no smaller than 1[UNK] [UNK] 1/2[UNK]. (2) Pots may be no larger than 24[UNK] [UNK] 24[UNK] [UNK] 15[UNK], must have a mesh size no smaller than 1[UNK] [UNK] 1/2[UNK]. The muzzle or throat of such pots must have a round opening no greater than two inches (2[UNK]) in diameter. (c) It shall be unlawful to retain any fish other than adult eels while engaged in commercial eel fishing. Possession of any fish other than adult eels shall be prima facie evidence of fishing illegally. (d) As used in this Section, adult eels shall mean eels at least six (6) inches in length. (e) In accordance with subsections (a) and (b) of this Section, and as appropriate based on sound principles of wildlife research and management, the Board is hereby authorized to promulgate rules and regulations opening certain waters, or portions thereof to commercial eel fishing, and prescribing the manner, method, means, and type of gear for such taking.

"GA1979.1.897">

Section 6. Said Code Title is further amended by striking in its entirety Section 45-901 which reads as follows: 45-901. Taking of Crabs Under Certain Conditions Prohibited; Taking of Peelers and Soft-shell Crabs. (a) It shall be unlawful for any person to take or possess in this State the following: (1) Spawning female crabs during the months of May or June; (2) Any crab measuring less than five inches (5[UNK]) from spike to spike across the back; provided, however, that any person may take or possess the back; and (A) peelers measuring at least three inches from spike to spike across the back; and (B) soft-shell crabs measuring at least three inches from spike to spike across the back. Any crabs taken or possessed in violation of this subsection may not be intentionally killed and must be returned to a suitable habitat as soon as practicable. (b) It shall be unlawful for any person taking peelers or soft-shell crabs to sell such crabs to any person other than a soft-shell crab dealer. (c) It shall be unlawful for any person other than a licensed commercial fisherman or a soft-shell crab dealer to possess peelers in commercial quantities. (d) It shall be unlawful for any person other than a soft-shell crab dealer to operate a shedding facility. (e) It shall be unlawful for a soft-shell crab dealer to purchase peelers from any person other than a licensed commercial fisherman., and inserting in lieu thereof the following new Section 45-901:

"GA1979.1.898">

45-901. Taking of Crabs Under Certain Conditions Prohibited; Taking of Peelers and Soft-shell Crabs. (a) It shall be unlawful for any person to take or possess in this State any crab, other than a mature adult female crab, measuring less than five inches (5[UNK]) from spike to spike across the back; provided, however, that any person may take or possess peelers measuring at least three inches (3[UNK]) from spike to spike across the back. Any crabs taken or possessed in violation of this subsection may not be intentionally killed and must be returned to the salt waters of this State as soon as possible. Provided, however, nothing in this subsection shall prohibit any person from importing, transporting or possessing crabs when such person can provide documentary evidence showing that such crabs were taken outside this State. (b) It shall be unlawful for any person other than a licensed commercial saltwater fisherman to take or possess commercial quantities of crabs, other than soft-shelled crabs during any twenty-four (24) hour period; provided, however, nothing in this subsection shall be construed to prohibit a person from possessing commercial quantities of such crabs when such person can provide documentary evidence showing that such crabs were purchased from a licensed commercial saltwater fisherman or any person licensed to engage in the business of selling seafood, or purchased outside this State. (c)(1) It shall be unlawful for any person other than a licensed commercial saltwater fisherman or a licensed soft-shell crab dealer to take or possess peelers in commercial quantities; provided, however, it shall be lawful for any person to possess such amount of peelers when such person can provide documentary evidence showing that such peelers were purchased from a licensed soft-shell crab dealer or any person licensed to engage in the business of selling seafood, or were purchased outside the State. (2) It shall be unlawful for any person taking peelers to sell such peelers to any person other than a licensed soft-shell crab dealer. (3) It shall be unlawful for a soft-shell crab dealer to purchase peelers from any person other than a licensed commercial saltwater fisherman, or another soft-shell crab dealer, or from outside this State.

"GA1979.1.899">

(d) It shall be unlawful for any person other than a licensed soft-shell crab dealer to operate a shedding facility for commercial purposes. Section 7. Said Code Title is further amended by deleting Section 45-909, pertaining to commercial crab catching near property line or in channel of stream prohibited, in its entirety and inserting in lieu thereof a new Section 45-909 which shall read as follows: 45-909. Crab Traps. (a) For purposes of crabbing, that portion of the St. Mary's River and the Satilla River System (including the Satilla River and White Oak Creek) which is seaward of the points at which the Seaboard Coastline Railroad crosses such rivers shall be considered salt water. It shall be unlawful to place any crab trap in the waters of this State other than that described as salt water in Chapter 45-8 of this Title or by this subsection. (b) It shall be unlawful to set or place any commercial crab trap in the salt waters of this State which does not have attached a float which is made of a substance visible from a distance of one hundred feet (100[UNK]) in clear weather at slack tide. For the purposes of this Section, `slack tide' means that portion of the tidal current characterized by slowness, sluggishness and lack of energy and which occurs approximately midway between maximum flood-tide and maximum ebb-tide currents, and between maximum ebb-tide and maximum flood-tide currents. (c) After March 31, 1979, it shall also be unlawful to set or place in the salt waters of this State any commercial crab trap which does not have attached a float with such alphanumeric identification as is assigned by the Department to the owner of the trap. Such alphanumeric identification shall be at least one inch (1[UNK]) in height, of a color which contrasts with the color of the float, of block character and spaced so as to be readable from left to right. Such alphanumeric identification shall be assigned by the Department to the owner of such trap when the owner is issued his commercial saltwater fishing license, beginning with the commercial saltwater fishing licenses which are effective after March 31, 1979. For subsequent years, the same alphanumeric identification shall be assigned to such commercial saltwater fisherman.

"GA1979.1.900">

(d) When the float of a commercial crab trap has been identified as provided in this Section, it shall be unlawful for any person, other than the owner or a person carrying on his person written permission from the owner, to take crabs from such trap or to intentionally damage, destroy or remove from the water any crab trap or float thereof. (e) After March 31, 1979, it should also be unlawful for any person to engage in commercial crabbing with a boat or vessel, unless there is displayed on each side of the aft or stern half of such boat or vessel such alphanumeric identification as is assigned by the Department to such person. Such alphanumeric identification shall be at least one inch (1[UNK]) in height, of a color which contrasts with the color of the background, of block character and spaced so as to be readable from left to right. (f) It shall be unlawful for any person to catch crabs for commercial purposes within one hundred feet (100[UNK]) of the dock of any other person. It shall also be unlawful to place or set commercial crab traps in the channel of any stream when such channel has been marked by a lawfully established system of waterway markers. (g) Any commercial crab trap in violation of this Section is hereby declared to be contraband and subject to seizure by conservation rangers, sheriffs and other peace officers authorized to enforce the provisions of this Title. (h) Notwithstanding any other provision of this Title, it shall not be unlawful to fail to attach a float to a commercial crab trap which is securely affixed to a privately owned dock, provided the permission of the owner of such dock has first been obtained. Provided further, nothing in this Title shall be construed to require a person to obtain a commercial saltwater fishing license to take crabs with one (1) commercial crab trap which is two feet (2[UNK]) by two feet (2[UNK]) or smaller when: (1) such trap is securely affixed to a privately owned dock; (2) such person has previously obtained the permission of the owner of such dock; and (3) such crabs are not sold. 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

"GA1979.1.901">

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 upon its approval by the Governor or upon its becoming law without his approval. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. INCOME TAXESDEFINITIONS. Code Section 92-3108 Amended. No. 524 (House Bill No. 128). AN ACT To amend Code Section 92-3108, relating to the definition of Internal Revenue Code of 1954 for purposes of income taxation, so as to change the definition; to provide an effective date; to provide for automatic repeal of the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 92-3108, relating to the definition of Internal Revenue Code of 1954 for purposes of income taxation, is hereby amended by striking therefrom, wherever the same appears, the following:

"GA1979.1.902">

1978, and substituting in lieu thereof the following: 1979, 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, 1979, 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, 1979, unless otherwise provided in this Chapter. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall be applicable to all taxable years beginning on or after January 1, 1979. Section 3. This Act is hereby repealed effective January 1, 1980. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. MECHANICS' LIENS ON PERSONALTY. Code Section 67-2003 Amended. No. 525 (House Bill No. 132). AN ACT To amend Code Section 67-2003, relating to mechanics' liens on certain personal property, so as to change the period of time within

"GA1979.1.903">

which certain claims of lien must be filed for record; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 67-2003, relating to mechanics' liens on certain personal property, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 67-2003, to read as follows: 67-2003. Special liens on personalty; enforcement; priorities; claims for storage. (a) All mechanics of every sort, for work done and material furnished in manufacturing or repairing personal property, and for storage of such personal property after its manufacture or repair, which storage begins accruing after thirty days' written notice to the owner mailed to the owner by certified mail addressed to the owner at his last known address of the fact that storage is accruing, and of the daily dollar amount thereof, shall have a special lien on the same, which may be asserted by retention of such property, or the mechanic may surrender such personal property and give credit, when the same shall be enforced in accordance with the provisions of Section 67-2401, and shall be superior to all liens except liens for taxes and such other liens as the mechanic may have had actual notice of before the work was done or material furnished. (b) The maximum amount of storage that may be charged shall be $1.00 per day. Nothing contained herein shall allow a fee for storage to be charged on any item with a fair market value in excess of $200.00. Storage charges pursuant to this Act shall not apply to motor vehicles covered now or hereafter by the `Motor Vehicle Certificate of Title Act', nor shall said storage fee be charged if there is a bona fide dispute between the customer and the mechanic as to the manner of repair, or the charges for repair. (c) When possession of the property is surrendered to the debtor, the mechanic shall record his claim of lien, within 90 days

"GA1979.1.904">

after such work is done and material furnished or, in the case of repairs made on or to farm machinery within 180 days after the work is done and material furnished. The claim of lien shall be recorded in the office of the clerk of the superior court of the county where the owner of such property resides. The claim shall be in substance as follows: `A. B., mechanic, claims a lien on..... (here describe the property) of C. B., for work done, material furnished and storage accruing (as the case may be) in the manufacturing,repairing and/or storing (as the case may be) the same.' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. ELECTIONSDATES OF RUNOFF ELECTIONS. Code Section 34-1513 Amended. No. 526 (House Bill No. 138). AN ACT To amend Code Section 34-1513, providing for majority votes and runoffs, as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 867), so as to change the date upon which a runoff shall be held in the case of a special primary or election; and to provide who may determine such date; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 34-1513, providing for majority votes and runoffs, as amended, particularly by an Act approved April 18, 1975 (Ga. Laws 1975, p. 867), is hereby amended by striking from the third sentence of subsection (a) thereof the following:

"GA1979.1.905">

on the twenty-first day after the day of holding the preceding primary or election, unless such runoff date is postponed by a court order, and inserting in lieu thereof the following: Unless such date is postponed by a court order, such run-off primary or election shall be held on the twenty-first day after the day of holding the preceding primary or election; provided, unless postponed by court order, a runoff in the case of a special primary or election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or election, which run-off day shall be determined by the Secretary of State, in a runoff to fill a federal or State office, or by the superintendent, in a runoff to fill a county office. so that when so amended, subsection (a) of Code Section 34-1513 shall read as follows: (a) No candidate, except as hereinafter provided, shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. To be elected to the office of presidential electors, no slate of candidates of any political party or body shall be required to receive a majority of the votes cast; but that slate of candidates of a political party or body shall be elected to such offices which receives the highest number of votes cast. In instances where no candidate receives a majority of the votes cast, a run-off primary or election, between the candidates receiving the two highest number of votes, shall be held. Unless such date is postponed by a court order, such run-off primary or election shall be held on the twenty-first day after the day of holding the preceding primary or election; provided, unless postponed by court order, a runoff in the case of a special primary or election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or election, which run-off day shall be determined by the Secretary of State, in a runoff to fill a federal or State office, or by the superintendent, in a runoff to fill a county office. 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

"GA1979.1.906">

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 run-off 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 run-off election ballot in the independent column. No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff. No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Section 34-624. 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 13, 1979. MOTOR VEHICLE SAFETY INSPECTION ACT. No. 527 (House Bill No. 142). AN ACT To revise and codify the laws of this State relating to motor vehicle safety inspections by adding to the Code of Georgia of 1933

"GA1979.1.907">

a new Code Title 68E to be known as the Georgia Motor Vehicle Safety Inspection Act; to state the purpose of said Code Title 68E; to define terms; to require annual safety inspection of motor vehicles; to specify equipment to be inspected; to provide exemptions; to provide for appointment of safety inspection stations and mechanic inspectors; to provide for the operation of safety inspection stations; to regulate motor vehicle dealers; to provide for limited inspection of vehicles used solely for transporting seasonal farm commodities to or from markets; to provide for fleet motor vehicle safety inspection stations; to provide for acceptance of out-of-State motor vehicle safety inspections; to provide for violations of said Code Title 68E and punishment therefor; to provide for rules, regulations and regulatory authority; to provide for other matters related to the foregoing; 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 3, 1963 (Ga. Laws 1963, p. 333), an Act approved March 12, 1965 (Ga. Laws 1965, p. 188), an Act approved April 8, 1969 (Ga. Laws 1969, p. 271), an Act approved March 20, 1970 (Ga. Laws 1970, p. 438), an Act approved March 29, 1971 (Ga. Laws 1971, p. 258), an Act approved April 5, 1971 (Ga. Laws 1971, p. 515), an Act approved April 3, 1972 (Ga. Laws 1972, p. 901), an Act approved April 5, 1972 (Ga. Laws 1972, p. 989), an Act approved April 13, 1973 (Ga. Laws 1973, p. 598), an Act approved March 21, 1974 (Ga. Laws 1974, p. 433), an Act approved February 20, 1976 (Ga. Laws 1976, p. 216), an Act approved March 4, 1977 (Ga. Laws 1977, p. 247), an Act approved March 30, 1977 (Ga. Laws 1977, p. 1037), and an Act approved April 10, 1978 (Ga. Laws 1978, p. 2241), so as to add to said Act immediately following Section 121 thereof a new Section 121.1, dealing with required tire covers for certain vehicles; to further amend said Act by repealing in their entirety Sections 126, 126A, 126B, 126C, 126D, 126E, 126F, 126G and 126H, relating to periodic motor vehicle safety inspections; to provide for validity of existing certificates of safety inspection; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The Code of Georgia of 1933 is hereby amended by adding thereto a new Code Title 68E, which may be known as the Georgia Motor Vehicle Safety Inspection Act, to read as follows: TITLE 68E GEORGIA MOTOR VEHICLE SAFETY INSPECTION ACT Chapter 68E-1 Purpose and Definitions 68E-101. Georgia Motor Vehicle Safety Inspection Act, purpose. The purpose of this Code Title, the Georgia Motor Vehicle Safety Inspection Act, is to provide for periodic inspections of motor vehicles for safety equipment. 68E-102. Definitions. (a) All words, whenever used in this Title, shall have the meaning ascribed to them in Code Section 68A-101, unless the context clearly indicates to the contrary. (b) The following words and phrases, whenever used in this Title, shall have the meaning ascribed to them in this Section unless the context clearly indicates to the contrary. (1) Certificate of Authorization - A permit issued by the Department to each establishment designated as an official motor vehicle safety inspection station. (2) Certificate of Safety Inspection - An official certificate of safety inspection and approval furnished to motor vehicle safety inspection stations by the Department; said certificate to be completed and issued by such stations to the owner or operator of a vehicle upon inspection and approval of that vehicle following completion of the safety inspection required by this Title. (3) Commissioner - The Commissioner of Public Safety of Georgia.

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(4) Department - The Department of Public Safety of Georgia. (5) Mechanic Inspector - A person approved and issued a permit by the Department to perform the safety inspections required by this Title. (6) Restricted Certificate of Safety Inspection - An official certificate of safety inspection and approval furnished to motor vehicle safety inspection stations by the Department; said certificate to be completed and issued by such stations to the owner or operator of agricultural equipment which has an agricultural transportation use certificate issued to such vehicle and has fulfilled the limited safety inspection required by this Title. (7) Safety Inspection Station - A motor vehicle dealership, garage, service station or other establishment designated by the Department as an official motor vehicle safety inspection station to carry out the motor vehicle safety inspections required by this Act. (8) Suspension - The temporary withdrawal by formal action of the Department of a certificate of authorization, which temporary withdrawal shall be for a period specifically designated by the Department. Chapter 68E-2 Periodic Motor Vehicle Safety Inspections 68E-201. Commissioner to Require Periodic Inspections. (a) The Commissioner shall require that every motor vehicle, trailer and semitrailer registered in this State be inspected once each year by a safety inspection station and that a certificate of safety inspection be obtained for each such vehicle. Before a certificate of safety inspection may be issued for a motor vehicle, the vehicle must be inspected by a permitted mechanic inspector and must be found to possess in safe operating condition the following equipment: (1) Brakes; (2) Lights:

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(A) Headlights; (B) Turn signals; (C) Taillights; (D) Stop lights; (3) Windshields and windows, if equipped; (4) Tires; (5) Steering mechanism; (6) Suspension; (7) Exhaust system. (b) Notwithstanding the above provisions, vehicles which are thirty (30) years or older and bear historic license plates shall be inspected only to insure that the original safety equipment is in good working order. Technical specifications set forth by law and the rules and regulations promulgated thereunder shall not apply to such vehicles. However, if such vehicles are operated during the hours of darkness, they shall meet all lighting requirements required by law. (c) Notwithstanding the above provisions, the following shall be exempt from the motor vehicle safety inspection required under this Section: (1) Those trailers or semitrailers which are built upon a chassis and are designed to be used as a dwelling without a permanent foundation and which exceed a width of eight (8) feet and a length of twenty-nine (29) feet and a gross weight of four thousand five hundred (4,500) pounds; (2) Motorized carts as defined by Ga. Code Section 68A-1401; (3) Mopeds as defined by Ga. Code Section 68A-101 (64);

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(4) New motor vehicles shall not be required to be inspected pursuant to this Section for the first year of operation. For the purposes of this Section, a new motor vehicle is defined as: a motor vehicle which has not been previously sold or leased to any person except a distributor, wholesaler, or motor vehicle dealer. New motor vehicles shall be required to be inspected as per the manufacturers' predelivery inspection requirements and when such vehicles are found to be in compliance with the aforesaid inspection, then those vehicles shall have affixed to them Motor Vehicle Inspection Certificates of Safety Inspection as required by this Act. 68E-202. Appointment of Safety Inspection Stations and Mechanic Inspectors. (a) The Commissioner shall issue a certificate of authorization and certificates of safety inspection and furnish instructions to all safety inspection stations so that such stations may carry out the motor vehicle safety inspections required by this Title. (5) This act shall not apply to boat, utility, and live stock trailers which carry a gross weight of less than 6,000 pounds. (b) Application for a certificate of authorization shall be made upon an official form and shall be granted only when the Commissioner is satisfied that the station is properly equipped and has the necessary mechanic inspectors to make such inspections and equipment adjustments. The Commissioner, prior to issuing a certificate of authorization, shall require proof that the applicant possesses a valid garage owner's liability insurance policy or has filed a bond in a form and amount satisfactory to the Commissioner to insure compensation for any damage to a vehicle during an inspection or adjustment caused by negligence on the part of the applicant or its agents. The Commissioner shall require that every application be accompanied by a fee not to exceed ten dollars ($10.00) per year per station. (c) The Commissioner shall also properly supervise, approve and issue permits to mechanic inspectors. The Commissioner may require that persons applying to become mechanic inspectors fulfill certain educational and job-related requirements. The Commissioner shall require that every application be accompanied by a fee not to exceed two dollars ($2.00) per year per mechanic inspector.

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(d) The Commissioner shall properly supervise and cause inspections to be made of safety inspection stations and mechanic inspectors and shall suspend the certificate of authorization and/or permit issued to safety inspection stations and/or mechanic inspectors when he finds that they have violated this Title or the rules and regulations promulgated thereunder. (e) The Commissioner shall maintain a list of all safety inspection stations and mechanic inspectors for public inspection. 68E-203. Operation of Safety Inspection Station. (a) No certificate of authorization for a safety inspection station shall be assigned or transferred or used in any location other than the one designated on such certificate. (b) Every certificate of authorization and mechanic inspector permit shall be posted in a conspicuous place in the station. (c) A fee of three dollars ($3.00) shall be charged by each safety inspection station for performance of the safety inspection required by this Chapter. The inspection shall include the examination of the equipment specified in Section 68E-201 for proper adjustment and operation. The station shall remit to the Commissioner twenty-five cents ($.25) as a regulatory fee for each certificate of safety inspection issued. (d) The certificate of safety inspection shall be displayed upon the vehicle inspected and shall bear the date said vehicle was inspected, the number or other identification of the inspecting station, the signature of the mechanic inspector performing the inspection, and such other information as shall be required by rule or regulation. (e) The mechanic inspector shall remove from the vehicle being inspected any certificate of safety inspection when a new certificate of safety inspection will be issued. (f) In the event a windshield shall be replaced upon any vehicle which contains a valid certificate of safety inspection, a new certificate of safety inspection may be issued for such vehicle within 15 days after the replacement of the windshield without the necessity of reinspection if the owner of the vehicle shall execute an affidavit in a form furnished by the Commissioner stating that the windshield of

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his vehicle has been replaced and shall give such other information as the Commissioner shall require and the owner shall pay to the inspection station a fee of fifty cents ($.50). The new certificate of safety inspection shall be valid only for the remainder of the period for which the replaced certificate of safety inspection was to be valid. The vehicle may be operated on the highways without a certificate of safety inspection for 15 days after the replacement of the windshield if proof of the date of such replacement is carried in the vehicle. 68E-204. Dealers. No dealer engaged in the business of selling or leasing motor vehicles which are subject to the inspections required under this Act shall sell or lease such vehicles unless there appears on said vehicle an unexpired certificate of safety inspection. 68E-205. Inspection of Vehicles Used Solely for Transporting Seasonal Farm Commodities to or from Markets. (a) Trucks and nonpassenger-carrying motor vehicles, as defined in Code Section 68-101, used solely for the purpose of transporting seasonal farm commodities to or from markets during a period not exceeding 90 days shall be subject to this Section. A vehicle subject to this Section may be operated on the highways of this State, except on interstate highways, within a 30 mile radius of the location at which it is regularly employed provided that said vehicle bears a certificate of safety inspection and an agricultural transportation use certificate has been issued for said vehicle and is carried or located within said vehicle. County agricultural agents are authorized to issue agricultural transportation use certificates for any such vehicle. Such certificates shall be issued by the county agricultural agents upon forms furnished by the Commissioner. Such certificates shall contain the location at which such vehicle is regularly employed. Such certificates shall be issued only upon the filing of an application therefor. Such certificates shall authorize the operation of such vehicle for a period not exceeding 90 days. Trucks and nonpassenger-carrying motor vehicles for which an agricultural transportation use certificate has been issued shall be inspected in accordance with the provisions of Section 68E-201 but shall be inspected only for the following: (1) The brake pedal on such vehicles, when fully depressed, shall not come to within one inch of the floorboard of said vehicle.

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(2) Such vehicles must meet the requirements relating to turn signals specified in Section 68E-201 (2) (b). (3) In addition, if the vehicle is to be operated at night, it must meet the requirements of Section 68E-201 (2) relating to lights. (b) The regular certificate of safety inspection shall be issued for any such vehicle which meets the requirements specified above. Any person operating a vehicle subject to this Section for which a certificate of safety inspection and an agricultural transportation use certificate have not been issued, or not having such certificates located within or on said vehicle, or operating such a vehicle during a period other than the period specified in the agricultural transportation use certificate, shall be guilty of operating a vehicle for which a required certificate has not been obtained and shall be punished as provided in Chapter 68E-3. 68E-206. Fleet Stations. The Commissioner shall permit any person having registered or leased in his or its name sufficient vehicles in this State to maintain approved inspection facilities to conduct the inspection required by this Act on such motor vehicles under regulations promulgated by the Commissioner. The Commissioner may also permit a new or used motor vehicle dealer to become a fleet station, so as to inspect motor vehicles in their inventory which they offer for sale. 68E-207. Out-of-State Inspections. The Commissioner may authorize the acceptance in this State of a certificate of safety inspection and approval issued in another state having an inspection law similar to this Title and may extend the time within which a certificate shall be obtained by the resident owner of a vehicle which was not in this State during the time an inspection was required. 68E-208. Public School Bus Inspection. (a) Every school bus which is defined by Ga. Code Section 68A-101(46)(a) which is owned or operated by a State, county, or municipal government shall be inspected annually or at the discretion of the Commissioner, by an employee of the Department of Public Safety.

"GA1979.1.915">

(b) Those employees of the Department of Public Safety shall inspect such vehicle to determine if such vehicle possesses in safe operating condition the equipment required by Code Sections 68A-706, 68E-201, and Section 89 of an Act approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended. (c) If such vehicle is found to meet the equipment and safety requirements specified in subsection (b), then the employee of the Department of Public Safety making the inspection shall authorize the issuance of a Motor Vehicle Inspection Certificate of Safety Inspection to such vehicle. (d) If such vehicle does not meet the equipment and safety requirements specified in subsection (b), then that vehicle shall not be operated on the streets and highways of this State, and no Motor Vehicle Inspection Certificate of Safety Inspection shall be issued to such vehicle. (e) All public school buses shall be made available for the inspection required under this Section and no person shall conceal any bus required to be inspected under this Section. Chapter 68E-3 Violation of the Motor Vehicle Safety Inspection Act 68E-301. Improper Representation as Official Motor Vehicle Safety Inspection Station. (a) No person shall in any manner represent any place or establishment as an official motor vehicle safety inspection station unless such station has been issued a valid certificate of authorization by the Department. (b) No person shall issue a certificate of safety inspection for any vehicle unless such person holds a valid certificate of authorization and such vehicle has been inspected and approved by a permitted mechanic inspector. 68E-302. False Certificates of Safety Inspection. (a) No person shall make, issue, or knowingly use any imitation or counterfeit of an official certificate of safety inspection. (b) No person shall possess, display, cause or permit to be displayed upon any vehicle any certificate of safety inspection knowing

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the same to be counterfeit or issued for another vehicle or issued without an inspection having been made. 68E-303. Operation of Vehicle Without Motor Vehicle Certificate of Safety Inspection. It shall be unlawful for any person to operate on any highway in this State a vehicle which is required to be inspected under the provisions of this Act without a valid official motor vehicle certificate of safety inspection being displayed on such vehicle. 68E-304. Violation of the Provisions of this Act. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Chapter 68E-4 Regulatory Authority 68E-401. Regulatory Authority. (a) The Commissioner is authorized to implement any and all provisions of this Act by the promulgation of necessary rules and regulations. (b) When duly promulgated and adopted, all rules and regulations issued pursuant to this Act shall have the force of law. Section 2. 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 3, 1963 (Ga. Laws 1963, p. 333), an Act approved March 12, 1965 (Ga. Laws 1965, p. 188), an Act approved April 8, 1969 (Ga. Laws 1969, p. 271), an Act approved March 20, 1970 (Ga. Laws 1970, p. 438), an Act approved March 29, 1971 (Ga. Laws 1971, p. 258), an Act approved April 5, 1971 (Ga. Laws 1971, p. 515), an Act approved April 3, 1972 (Ga. Laws 1972, p. 901), an Act approved April 5, 1972 (Ga. Laws 1972, p. 989), an Act approved April 13, 1973 (Ga. Laws 1973, p. 598), an Act approved March 21, 1974 (Ga. Laws 1974, p. 433), an Act approved February 20, 1976 (Ga. Laws 1976, p. 216), an Act approved March 4, 1977 (Ga. Laws 1977, p. 247), an Act approved March 30, 1977 (Ga. Laws 1977, p. 1037), and an Act approved April 10, 1978 (Ga. Laws 1978, p. 2241), is hereby amended by adding immediately following Section 121 a new Section 121.1, to read as follows:

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Section 121.1. Tire Covers. Every bus, truck, full trailer, semitrailer and pole trailer (with the exception of local haul pulpwood trucks and local haul waste collection dumping trailers) shall be equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels to prevent, as far as practicable, such wheels from throwing dirt, gravel, rocks, water or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one-half of the distance from the center of the rearmost axle to the center of the protector or flap under any conditions of loading of the vehicle and shall be at least as wide as the tires they are covering; provided, however, that if any such bus, truck, full trailer, semitrailer or pole trailer is so designed and constructed that the foregoing requirements are accomplished by means of fenders, body construction or other enclosures, then the protectors or flaps provided for herein shall not be required. Section 3. Said Act is further amended by repealing in their entirety Sections 126, 126A, 126B, 126C, 126D, 126E, 126F, 126G and 126H, relating to periodic motor vehicle safety inspections. Section 4. Any other provision of law to the contrary notwithstanding, any certificate of safety inspection previously issued and valid at the effective date of this Act shall remain valid until the expiration of the period for which it was issued. 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 13, 1979.

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TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 528 (House Bill No. 145). AN ACT To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide that no beneficiary who causes or conspires to cause the death of a member or retiree by murder or voluntary manslaughter shall receive any refund of contributions or retirement benefits available by reason of the death of the member or retiree; to provide that any such refund of contributions or retirement benefits shall go to the member's or retiree's designated secondary beneficiary, if living, otherwise to the member's or retiree's estate; 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, is hereby amended by adding a new Section immediately following Section 5, to be known as Section 5A and to read as follows: Section 5A. In the application of the provisions of this Act, no person who commits the murder or voluntary manslaughter of a member or retiree, and no person who conspires with another to commit the murder or voluntary manslaughter of a member or retiree, shall receive any refund of contributions or retirement benefits provided by this Act upon the death of the member or retiree even though the person so killing or conspiring be named beneficiary for such refund of contributions or retirement benefits. A plea of guilty or a judicial finding of guilt, not reversed or otherwise set aside as to any of such crimes, shall be prima facie evidence of guilt in determining rights under this Act. All right, interest and entitlement to any such refund of contributions or retirement benefits shall go to the secondary beneficiary designated by the member or retiree, if the secondary beneficiary is living upon the death of the member or retiree, otherwise to the member's or retiree's estate.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. GINSENG PROTECTION ACT OF 1979. No. 529 (House Bill No. 151). AN ACT To provide for the protection of ginseng; to provide a short title; to define certain terms; to provide for the harvest of ginseng under certain conditions; to require reporting by persons exporting ginseng; to require the registration of ginseng dealers; to require ginseng dealers to provide certain information yearly; to make certain acts unlawful; to provide for a report from the Department of Natural Resources to the General Assembly when this Act is no longer needed; to provide for the powers of the Department of Natural Resources; to provide for penalties; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known and may be cited as the Ginseng Protection Act of 1979. Section 2. Definitions. Unless the context requires otherwise, the following terms, as used in this Act, shall have the following meanings; (a) Board means the Board of Natural Resources.

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(b) Commissioner means the Commissioner of Natural Resources. (c) Department means the Department of Natural Resources. (d) Ginseng ( Panax quinquefolium L. ) means a single stemmed plant arising from a cylindrical root, with prongs (compound leaves) attached to the stem. Each prong is divided into three to seven leaflets. The flower of the plant is green and is located at the leaf petiole. The fruit is a cluster of red berries. (e) Ginseng dealer means any person who purchases ginseng for the purpose of resale. (f) Harvest means to cut, dig, pull up or otherwise remove a plant from its habitat. (g) Person means any individual, partnership, firm, corporation, association or other entity. (h) Purchase means to acquire, obtain, or receive or to attempt to acquire, obtain or receive by exchange of money or other valuable consideration and specifically includes barter or exchange. (i) Sell means to dispose of, transfer or convey or attempt to dispose of, transfer or convey by exchange of money or other valuable consideration and specifically includes barter or exchange. Section 3. Harvesting of Ginseng. It shall be unlawful for any person to harvest ginseng in this State except from August 1 through December 31. It shall also be unlawful for any person to harvest ginseng that has less than three (3) prongs. Further, it shall also be unlawful for any person to fail to plant, immediately after harvest, the ripe berries of the harvested ginseng at the same location at which such ginseng was harvested. Section 4. Export Reporting. It shall be unlawful for any person disposing outside this State any ginseng harvested in Georgia to fail to report by January 31 of each year to the Department such disposition. Such report shall be made on forms provided by the Department and shall include, but shall not be limited to the amount, by weight, of the ginseng exported; the Georgia county or counties

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from which the ginseng was harvested; whether the harvested roots were taken from wild or cultivated ginseng; and the location, by State, in which such person disposes of the harvested roots. Section 5. Registration of Ginseng Dealers. It shall be unlawful for any ginseng dealer to fail to register with the Department, on a form provided by the Department, by July 15 of each year. It shall also be unlawful for any ginseng dealer to fail to submit to the Department by January 31 of each year certain information on forms provided by the Department. Such information shall include, but shall not be limited to the amount, by weight, of ginseng purchased and sold during the season, the county or counties from which the ginseng was harvested and whether the harvested roots were taken from wild or cultivated ginseng. Section 6. Report to the General Assembly. Upon a determination by the Department that the provisions of this Act are no longer necessary for the protection of ginseng in this State, the Department shall report such determination to the next session of the General Assembly following such determination. Section 7. Powers of the Department. The Department is authorized to prescribe the form and content of the registration forms and the reporting forms required by this Act. Section 8. Penalty. Any person who engages in any action made unlawful by this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by law. Section 9. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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Section 10. Specific Repealer. That Act approved October 5, 1868 (Ga. Laws 1868, p. 194), relating to the unlawful digging of noncultivated ginseng prior to the first day of September of each year is hereby repealed, but in no case shall any prior Acts previously repealed by hereby restored, revised or otherwise reenacted. Section 11. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. WINE TAX LAW AMENDED. Code Section 58-802 Amended. No. 530 (House Bill No. 155). AN ACT To amend an Act entitled the Wine Tax Law, approved April 8, 1977 (Ga. Laws 1977, p. 1316), so as to define brokers and importers; to provide 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 Wine Tax Law, approved April 8, 1977 (Ga. Laws 1977, p. 1316), is hereby amended by striking subsection (a) of Section 58-802 in its entirety and inserting in lieu thereof a new subsection (a) of Section 58-802, to read as follows: (a) `Broker' means any person who purchases or obtains wine from an importer or winery and sells such wine to another broker, importer or wholesaler without having custody of such wine or without maintaining a stock of such wine.

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Section 2. Said Act is further amended by striking subsection (e) of Section 58-802 in its entirety and inserting in lieu thereof a new subsection (e) of Section 58-802, to read as follows: (e) `Importer' means any person who imports wine into the State from a foreign country and sells such wine to other importers or brokers or wholesalers and who maintains a stock of such wine. Such `importer' shall be licensed and bonded in the same manner as wholesale dealers. 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 13, 1979. REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AMENDED. No. 531 (House Bill No. 161). 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 define brokers and importers; to provide 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

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amended by adding to Section 5 a new subsection (g), to read as follows: (g) The word `broker' means any person who purchases or obtains distilled spirits from an importer or distiller and sells such distilled spirits to another broker, importer or wholesaler without having custody of such distilled spirits or without maintaining a stock of such distilled spirits. Section 2. Said Act is further amended by adding to Section 5 a new subsection (h), to read as follows: (h) The word `importer' means any person who imports distilled spirits into the State from a foreign country and sells such distilled spirits to other importers, brokers or wholesalers and who maintains a stock of such distilled spirits. Such `importer' shall be licensed and bonded in the same manner as wholesale dealers. 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 13, 1979. GAME AND FISHSALE OF LICENSES, ETC. Code Chapter 45-3 Amended. No. 532 (House Bill No. 164). AN ACT To amend Code Title 45, known as the Game and Fish Code, as amended, so as to require bonded and cash license agents to require reliable information of persons purchasing licenses; to provide

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in certain instances for the withdrawal of authority of bonded and cash license agents to issue and sell licenses for the Department; to make it unlawful upon demand by a conservation ranger or deputy conservation ranger to refuse to provide a driver's license or equally reliable identification; 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, as amended, is hereby amended by adding at the end of Section 45-301 a new subsection to be designated subsection (d) and to read as follows: (d) Prior to selling any license, each bonded license agent and each cash license agent shall require each person desiring to purchase a license to display a driver's license or equally reliable identification of the individual and the current residence of such individual. In the event the Department determines that a bonded or cash license agent has intentionally or negligently sold a resident license to a person who is a nonresident, the Department may immediately withdraw the authority of such agent to issue and sell licenses on behalf of the Department. Provided, however, the Department shall not withdraw the agent's authority until the agent has been given ten days written notice of intention to withdraw authority setting forth the reason or reasons for such withdrawal and giving the agent a hearing on said reasons for such withdrawal in the county of said agent's residence. Section 2. Said Code Title is further amended by adding a new sentence to the end of subsection 45-302(k) which new sentence shall read as follows: It shall also be unlawful for any such person, upon demand by a conservation ranger or deputy conservation ranger, to refuse to provide a driver's license or equally reliable identification of such person and his current residence., so that when amended subsection 45-302(k) shall read as follows:

"GA1979.1.926">

(k) It shall be unlawful for any person who is required to have on his person any license issued under the provisions of this Title to refuse the inspection of such license upon demand by a conservation ranger or deputy conservation ranger. It shall also be unlawful for any such person, upon demand by a conservation ranger or deputy conservation ranger, to refuse to provide a driver's license or equally reliable identification of such person and his current residence. Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. CURRENT INCOME TAX PAYMENT ACT OF 1960 AMENDED. Code Section 91A-3902 Amended. No. 533 (House Bill No. 168). AN ACT To amend an Act known as the Current Income Tax Payment Act of 1960, approved January 28, 1960 (Ga. Laws 1960, p. 7), as

"GA1979.1.927">

amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1195), so as to provide that an employer, under certain circumstances, is not required to deduct and withhold the tax upon a payment of wages to certain employees who anticipate no liability for the income tax for the tax year; to provide limitations; to amend Code Section 91A-3902, relating to wages subject to withholding for purposes of Georgia income taxation, so as to incorporate the provisions of this Act into, and continue the provisions of this Act as a part of, the new Georgia Public Revenue Code; to provide an effective date; to provide for automatic 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 Current Income Tax Payment Act of 1960, approved January 28, 1960 (Ga. Laws 1960, p. 7), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1195), is hereby amended by adding a new subsection at the end of Section 3 thereof, to be designated subsection (i), to read as follows: (i) Employees incurring no income tax liability. (1) An employer is not required to deduct and withhold any tax under this Act upon a payment of wages to an employee if there is in effect with respect to the payment a withholding exemption certificate furnished to the employer by the employee certifying that the employee: (A) Incurred no liability for income tax in this State for his preceding taxable year; and (B) Anticipates that he will incur no liability in this State for income tax for his current taxable year. (2) The withholding exemption certificate for use as provided in this subsection shall be in the form and shall contain

"GA1979.1.928">

such information as required by the State Revenue Commissioner. Section 2. Code Section 91A-3902, relating to wages subject to withholding for purposes of Georgia income taxation, is hereby amended by adding a new subsection at the end thereof, to be designated subsection (g), to read as follows: (g) Employees incurring no income tax liability. (1) An employer is not required to deduct and withhold any tax under this Chapter upon a payment of wages to an employee if there is in effect with respect to the payment a withholding exemption certificate furnished to the employer by the employee certifying that the employee: (A) Incurred no liability for income tax under this Part for his preceding taxable year; and (B) Anticipates that he will incur no liability under this Part for income tax for his current taxable year. (2) The withholding exemption certificate for use as provided in this subsection shall be in the form and shall contain such information as required by the Commissioner. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that Section 2 of this Act shall become effective January 1, 1980. Section 4. Section 1 of this Act is hereby repealed effective January 1, 1980. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.929">

REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AMENDEDMEASUREMENT OF DISTANCE BETWEEN PROPERTY LINES IN CERTAIN COUNTIES (175,000-195,000). No. 534 (House Bill No. 172). AN ACT To amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 451), so as to provide for measurement in a straight line from property line to property line between businesses selling alcoholic beverages and churches or schools in certain counties; to deal with revocation and renewal of existing licenses in such 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. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 451), is hereby amended by adding between the third and fourth paragraphs of subsection (c) of Section 9 of said Act a new paragraph to read as follows: The distances above provided for separation of businesses licensed under this Act from churches and schools (100 yards from any church and 200 yards from a school ground or college campus) shall be measured as follows: (1) from the property line of the tract on which is located the business regulated under this Act; (2) to the property line of the tract on which is located the church, school ground or college campus; (3) along a straight line which describes the shortest distance between said two property lines.

"GA1979.1.930">

No existing license shall be revoked before its date of expiration by reason of the method of measurement set out in this paragraph, if said license was granted in reliance on another method of measurement. No application for a license or a renewal shall be denied by reason of the method of measurement set out in this paragraph, if such application is for premises for which a license was granted prior to the effective date of this Act in reliance on another method of measurement. This paragraph shall apply only to those businesses licensed under this Act which are within those counties having a population of not less than 175,000 and not more than 195,000, according to the United States Decennial Census of 1970 or any future such census. 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 13, 1979. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 535 (House Bill No. 175). AN ACT To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, so as to provide for certain creditable service; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1979.1.931">

Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended, is hereby amended by adding at the end of subsection (5-B) of Section 4 the following: Any current member who previously rendered service which would currently be covered by the Employees' Retirement System, but which was rendered prior to the establishment of the Employees' Retirement System, may establish service credit for the service, after having at least five years' service as a contributing member of this system, provided for all such service on and after January 1, 1945, such member pays into this system the employee and employer contributions which would have been paid into this system had the service been rendered as a member of this system plus the applicable rate of interest in accordance with regulations adopted by the Board of Trustees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. GEORGIA LEGISLATIVE RETIREMENT SYSTEM AMENDED. No. 536 (House Bill No. 182). AN ACT To amend an Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. Laws 1967, p. 259), as amended, so as to provide that certain legislators may elect to withdraw from the Employees' Retirement System and become members of the Georgia Legislative Retirement System; to provide for nonmembership; to change the provisions relative to contributions; to change the provisions relative to allowances; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1979.1.932">

Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Georgia Legislative Retirement System, approved March 31, 1967 (Ga. Laws 1967, p. 259), as amended, is hereby amended by striking subsection (2) of Section 6 in its entirety and inserting in lieu thereof a new subsection (2) of Section 6 to read as follows: (2) Upon such retirement the retired member shall receive a monthly service retirement allowance which shall be equal to $16.00 multiplied by the number of years of his creditable service. Section 2. Said Act is further amended by striking subsection (1) of Section 12 in its entirety and inserting in lieu thereof a new subsection (1) of Section 12 to read as follows: (1) Each member of the system shall contribute seven and one-half percent of his monthly salary. Such contributions shall be made through payroll deductions by the Legislative Fiscal Officer. Section 3. Said Act is further amended by adding a new Section to be known as Section 20B to read as follows: Section 20B. (1) Any other provisions of this or any other law to the contrary notwithstanding, each member of the General Assembly serving as such on the effective date of this Section may elect to withdraw as a member of the Employees' Retirement System and become a member of the Georgia Legislative Retirement System or may elect not to be a member of either system. Such election must be made prior to July 1, 1980, and once made shall be irrevocable as long as such person is a member of the General Assembly. The Board of Trustees of the Employees' Retirement System of Georgia is authorized to promulgate rules and regulations to carry out the provisions of this Section including, but not limited to, providing for refunds for members who elect not to be a member of either system and providing for the transferral of legislators' accounts from the Employees' Retirement System, the transferral of service credits, and such other transferrals as the Board shall deem necessary to carry out the intention and provisions of this Section.

"GA1979.1.933">

(2) The future contributions of the State to the Legislative Retirement System shall be determined by the Board each year on the basis of the most recent actuarial valuation. The Board shall certify to the Legislative Fiscal Officer the amount of the State's contributions due the system. The State's contributions shall be paid from funds appropriated to the legislative branch of government and shall be in an amount determined by the Board to be necessary to cover the costs of financing and administering the Legislative Retirement System. The Legislative Fiscal Officer is hereby directed to pay to the Board the contributions of the State together with an amount necessary to cover the required employer contributions for social security coverage. (3) Each future member of the General Assembly shall elect either to become a member of the Georgia Legislative Retirement System or to become a member of the Employees' Retirement System of Georgia. Such election must be made within 60 days from the date the person becomes a member of the General Assembly and once made shall be irrevocable as long as such person is a member of the General Assembly. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. STATE ALCOHOLISM ADVISORY COUNCILEFFECTIVE DATE OF ACT. No. 537 (House Bill No. 188). AN ACT To amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. Laws

"GA1979.1.934">

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), an Act approved March 23, 1977 (Ga. Laws 1977, p. 644), and an Act approved April 5, 1978 (Ga. Laws 1978, p. 2048), so as to change the date on which the provisions of the Act become effective; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. 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), an Act approved March 23, 1977 (Ga. Laws 1977, p. 644), and an Act approved April 5, 1978 (Ga. Laws 1978, p. 2048), is hereby amended by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23, to read as follows: Section 23. Effective Date. This Act shall become effective on July 1, 1980. 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 13, 1979.

"GA1979.1.935">

CRIMESARSON. Code Chapter 26-14 Amended. No. 538 (House Bill No. 190). AN ACT To amend Code Chapter 26-14, relating to arson and related crimes, as amended, so as to change the definition of arson; to change the punishments upon conviction; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-14, relating to arson and related crimes, as amended, is hereby amended by striking Code Section 26-1401 in its entirety and substituting in lieu thereof a new Code Section 26-1401 to read as follows: 26-1401. Arson in the first degree. (a) A person commits arson in the first degree when, by means of fire or explosive, he knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage: (1) Any dwelling house of another without his consent or in which another has a security interest including, but not limited to, a mortgage, lien, or a conveyance to secure debt without the consent of both whether it is occupied, unoccupied, or vacant; or (2) Any building, vehicle, railroad car, watercraft, or other structure of another without his consent or in which another has a security interest including, but not limited to, a mortgage, lien, or a conveyance to secure debt without the consent of both if such structure is designed for use as a dwelling, whether it is occupied, unoccupied, or vacant; or (3) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant and when such is insured against loss or

"GA1979.1.936">

damage by fire or explosive and such loss or damage is accomplished without the consent of both the insurer and the insured; or (4) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, unoccupied, or vacant with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner; or (5) Any building, vehicle, railroad car, watercraft, aircraft, or other structure under such circumstances that it is reasonably foreseeable that human life might be endangered. (b) A person convicted of arson in the first degree shall be punished by a fine of not more than $50,000 or by imprisonment for not less than one nor more than 20 years, or both. Section 2. Said Code Chapter is further amended by striking Code Section 26-1402 in its entirety and substituting in lieu thereof a new Code Section 26-1402 to read as follows: 26-1402. Arson in the second degree. (a) A person commits arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Section 26-1401 when, by means of fire of explosive, he knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his consent or in which another has a security interest, including but not limited to a mortgage, lien, or conveyance to secure debt, without the consent of both. (b) A person convicted of arson in the second degree shall be punishable by a fine of not more than $25,000 or by imprisonment for not less than one nor more than 10 years, or both. Section 3. Said Code Chapter is further amended by striking Code Section 26-1403 in its entirety and substituting in lieu thereof a new Code Section 26-1403 to read as follows: 26-1403. Arson in the third degree. (a) A person commits arson in the third degree when, by means of fire or explosive, he

"GA1979.1.937">

knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage: (1) Any personal property of another without his consent or in which another has a security interest, including, but not limited to, a lien, without the consent of both and the value of the property is $25 or more; or (2) Any personal property when such is insured against loss or damage by fire or explosive and such loss or damage is accomplished without the consent of both the insurer and insured and the value of the property is $25 or more; or (3) Any personal property with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner and the value of the property is $25 or more. (b) A person convicted of arson in the third degree shall be punished by a fine not to exceed $10,000 or by imprisonment for not less than one nor more than five years, or both. Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.938">

UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT AMENDED. No. 539 (House Bill No. 192). AN ACT To amend an Act known as the Uniform Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. Laws 1958, p. 34), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 818), by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1141), by an Act approved April 18, 1975 (Ga. Laws 1975, p. 781), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 699), so as to add a new part entitled Part IV - Registration of Foreign Support Orders to allow the registration of foreign support orders with the superior courts of this State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. Laws 1958, p. 34), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 818), by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1141), by an Act approved April 18, 1975 (Ga. Laws 1975, p. 781), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 699), is hereby amended by adding a new part to read as follows: Part IV - Registration of Foreign Support Orders Section 37. Additional Remedies. If the duty of support is based on a foreign support order, the obligee has its additional remedies provided in the following sections. Section 38. Registration. The obligee may register the foreign support order in a court of this State in the manner, with the effect, and for the purposes herein provided.

"GA1979.1.939">

Section 39. Registry of Foreign Support Orders. The clerk of the superior court shall maintain a Registry of Foreign Support Orders in which he shall file foreign support orders. Section 40. Official to Represent Obligee. The provisions of Section 10 of this Act entitled `Officials to Represent Plaintiff' shall apply equally when this State is acting either as a rendering or registering state. Section 41. Registration Procedure: Notice. (a) An obligee seeking to register a foreign support order in a superior court of this State shall transmit to the district attorney (1) three certified copies of the order with all modifications thereof, (2) one copy of the Reciprocal Enforcement of Support Act of the State in which the order was made, (3) one copy of the law governing certification of orders in the State in which the order is being certified, and (4) a statement verified and signed by the obligee, showing the post office address of the obligee, the last known place of residence and post office of the obligor, the amount of support remaining unpaid, a description and the location of any property of the obligor available upon execution, and a list of the states in which the order is registered. Upon receipt of these documents the district attorney shall file them with the clerk of superior court for the purpose of setting a hearing thereon. (b) Within ten days after the filing the clerk shall send by certified or registered mail with return receipt requested to the obligor at the address given a notice of the filing with a copy of the support order and a copy of the rule nisi setting the matter down for hearing. He shall also docket the case for hearing and notify the district attorney. Section 42. Registration Procedure: Hearing. (a) At the hearing, the obligor may present only matters that would be available to him as defenses in an action to enforce a foreign money judgment. If he shows to the court that an appeal from the order is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the order until the appeal is concluded, the time for appeal is expired, or the order is vacated, upon satisfactory proof that the obligor has furnished security for payment of the support as required by the rendering state. If he shows to the court any ground upon which enforcement of a support order of this State

"GA1979.1.940">

may be stayed, the court shall stay enforcement of the order for an appropriate period of the obligor furnishes the same security for payment of the support ordered that is required for a support order of this State. (b) If the obligor asserts no defenses or the court find the obligor's defenses meritless, the court shall proceed to enter an order making the foreign support order an order of the courts of this State. The entry of such an order constitutes registration under this Act. (c) The registration of a foreign support order, or of an order denying registration, or of an order in an action brought to enforce the provisions of a registered foreign support order shall constitute an order granting or denying support for the purposes of entitling the county in which a proceeding is brought under the provisions of Sections 37 through 43 of this Act, to the $50 fee as provided in Section 10 of this Act, as amended. (d) The court shall be empowered to order payment under the terms of the registered order through the clerk of the superior court, the probation department, the child support receiver, or such other collection agency as the court shall designate. Section 43. Effect of Registration: Enforcement Procedure. (a) Upon registration the registered foreign support order shall be treated in the same manner as a support order issued by a court of this State. It has the same effect and is subject to the same procedures, defenses, and proceedings for modifying, vacating, or staying as a support order of this State and may be enforced and satisfied in like manner. Section 2. Said Act is further amended by adding to Section 2 of the Act the following definitions: (9) `Support order' means any judgment, decree, or order of support whether temporary or final, whether subject to modification, revocation or remission regardless of the kind of action in which it is entered, except that custody, visitation rights, property settlement, and all other matters other than support are hereby specifically excluded from enforcement under this Act.

"GA1979.1.941">

(10) `Registering court' means any superior court of this State in which the support order of the rendering state is registered. (11) `Register' means the entry of an order by a superior court of this State making the foreign support order a support order of this State. (12) `Certification' shall be in accordance with the laws of the certifying 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 13, 1979. UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT AMENDED. No. 540 (House Bill No. 193). AN ACT To amend an Act known as the Uniform Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. Laws 1958, p. 34), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 818), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1141), an Act approved April 18, 1975 (Ga. Laws 1975, p. 781), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 699), so as to change the provisions of the Act relating to arrearages and reimbursement in support as well as current child support; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1979.1.942">

Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Reciprocal Enforcement of Support Act, approved February 20, 1958 (Ga. Laws 1958, p. 34), as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 818), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1141), an Act approved April 18, 1975 (Ga. Laws 1975, p. 781), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 699), is hereby amended by adding to the first sentence of Section 8 immediately following the phrase: All duties of support, the following: ,including the duty to pay arrearages or reimbursement,, so that when so amended, Section 8 shall read as follows: Section 8. How Duties of Support Are Enforced. All duties of support, including the duty to pay arrearages or reimbursement, are enforceable by petition irrespective of relationship between the obligor and obligee. Jurisdiction of all proceedings hereunder shall be vested in the superior courts of the various counties of this State. The petition must be commenced in the county of the residence of the obligee. Section 2. Said Act is further amended by striking in its entirety Section 19 and inserting in lieu thereof a new Section 19 to read as follows: Section 19. Order of Support. If the court of the responding State finds a duty of support, it may order the defendant to furnish support and to pay arrearages due under any existing court order or reimbursement for reasonable expenses actually incurred in the absence of a court order and subject the property of the defendant to such order. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1979.1.943">

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. INDENTURED SERVANTS AND APPRENTICES. Code Sections 49-228, 49-229, 49-230, 66-9902, 66-9903, 66-9904, 66-9905 and Code Chapter 66-2 Repealed. No. 541 (House Bill No. 198). AN ACT To repeal Code Chapter 66-2, relating to indentured servants and apprentices, procedures connected with service of indentured servants and apprentices, and Master's duties; to repeal Code Section 66-9902, relating to criminal penalties invoked for enticing away apprentices in violation of Code Chapter 66-2; to repeal Code Section 66-9903, relating to evidence on trial of any person violating Code Section 66-9902; to repeal Code Section 66-9904, relating to criminal penalties invoked for employing servant, cropper, or farm laborer of another; to repeal Code Section 66-9905, relating to criminal penalties invoked for enticing, and attempting to entice away, a servant, cropper, or farm laborer; to repeal Code Section 49-228, relating to binding out indigent orphans; to repeal Code Section 49-229, relating to ill treatment of ward by person to whom bound; to repeal Code Section 49-230, relating to returns by guardians, verification, and allowance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 66-2, relating to indentured servants and apprentices, procedures connected with service of indentured

"GA1979.1.944">

servants and apprentices, and Master's duties, is hereby repealed in its entirety. Section 2. Code Section 66-9902, relating to criminal penalties invoked for enticing away apprentices in violation of Code Chapter 66-2, is hereby repealed in its entirety. Section 3. Code Section 66-9903, relating to evidence on trial of any person violating Code Section 66-9902, is hereby repealed in its entirety. Section 4. Code Section 66-9904, relating to criminal penalties invoked for employing servant, cropper, or farm laborer of another, is hereby repealed in its entirety. Section 5. Code Section 66-9905, relating to criminal penalties invoked for enticing, and attempting to entice away, a servant, cropper, or farm laborer, is hereby repealed in its entirety. Section 6. Code Section 49-228, relating to binding out indigent orphans, is hereby repealed in its entirety. Section 7. Code Section 49-229, relating to ill treatment of ward by person to whom bound, is hereby repealed in its entirety. Section 8. Code Section 49-230, relating to returns by guardians, verification, and allowance, is hereby repealed in its entirety. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.945">

COMMON CARRIERSSEPARATE CARS, ETC. REPEALED. CODE SECTIONS 18-206, 18-207 AMENDED. CODE SECTIONS 18-209, 18-210, 18-212, 18-219, 18-9902, 18-9905, 18-9906, 18-9909 REPEALED. No. 542 (House Bill No. 199). AN ACT To change certain obsolete laws relating to railroads or other common carriers; to amend Code Section 18-206, relating to the requirement that railroad companies provide separate cars or compartments for white and colored passengers; to amend Code Section 18-207, relating to the duty of conductors to assign passengers to their cars and to provide police powers to conductors, so as to remove provisions relating to segregation of the races; to repeal Code Section 18-209, relating to colored nurses and servants excluded from operation of law; to repeal Code Section 18-210, relating to white and colored passengers on sleeping cars to be separated; to repeal Code Section 18-212, relating to cinder deflectors on railroad trains; to repeal Code Section 18-219, relating to half fare for Confederate veterans; to repeal Code Section 18-9902, relating to criminal penalties for allowing white and colored passengers to occupy same car or compartment; to repeal Code Section 18-9905, relating to criminal penalties invoked for violation of the provisions of Code Section 18-210; to repeal Code Section 18-9906, relating to criminal penalties invoked for employee failing to assist in ejecting passenger from sleeping car as provided in Code Section 18-210; to repeal Code Section 18-9909, relating to criminal penalties invoked for failure of railroad to install cinder deflectors on passenger coaches; to repeal an Act entitled An Act to require that all persons traveling in intrastate travel occupy or use only the waiting rooms marked and provided for such persons; to prescribe misdemeanor punishment for a violation of this Act; to repeal conflicting laws; and for other purposes., approved March 9, 1956 (Ga. Laws 1956, p. 673); to repeal an Act entitled An Act to require that all common carriers of passengers for hire in intrastate travel providing waiting room and reception room facilities, shall provide separate accommodations for white and colored passengers traveling in intrastate travel; to prescribe misdemeanor punishment therefor; to provide for injunction; to repeal conflicting laws; and for other purposes., approved March 9, 1956 (Ga. Laws 1956, p. 685); to repeal conflicting laws; and for other purposes.

"GA1979.1.946">

Be it enacted by the General Assembly of Georgia: Section 1. Code Section 18-206, relating to the requirement that railroad companies provide separate cars or compartments for white and colored passengers, is hereby amended by striking said Section in its entirety and substituting in lieu thereof a new Code Section 18-206, to read as follows: 18-206. Common carriers doing business in this State shall furnish to their passengers comfortable seats and shall have the railroad car or other vehicle well and sufficiently lighted and ventilated. Section 2. Code Section 18-207, relating to the duty of conductors to assign passengers to their cars and to provide police powers to conductors, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 18-207, to read as follows: 18-207. Duty to assign passengers to their cars; police powers of conductors.All conductors or other employees in charge of passenger cars shall assign all passengers to their respective cars, or compartments of cars, provided by the said companies and all conductors of street cars and busses shall assign all passengers to seats on the cars under their charge; and all conductors and other employees of railroads and all conductors of street cars and busses shall have, and are hereby invested with, police powers to carry out said provisions. Section 3. Code Section 18-209, relating to colored nurses and servants excluded from operation of law, is hereby repealed in its entirety. Section 4. Code Section 18-210, relating to white and colored passengers on sleeping cars to be separated, is hereby repealed in its entirety. Section 5. Code Section 18-212, relating to cinder deflectors on railroad trains, is hereby repealed in its entirety.

"GA1979.1.947">

Section 6. Code Section 18-219, relating to half fare for Confederate veterans, is hereby repealed in its entirety. Section 7. Code Section 18-9902, relating to criminal penalties for allowing white and colored passengers to occupy same car or compartment, is hereby repealed in its entirety. Section 8. Code Section 18-9905, relating to criminal penalties invoked for violation of the provisions of Code Section 18-210, is hereby repealed in its entirety. Section 9. Code Section 18-9906, relating to criminal penalties invoked for employee failing to assist in ejecting passenger from sleeping car as provided in Code Section 18-210, is hereby repealed in its entirety. Section 10. Code Section 18-9909, relating to criminal penalties invoked for failure of railroad to install cinder deflectors on passenger coaches, is hereby repealed in its entirety. Section 11. An Act entitled An Act to require that all persons traveling in intrastate travel occupy or use only the waiting rooms marked and provided for such persons; to prescribe misdemeanor punishment for a violation of this Act; to repeal conflicting laws; and for other purposes., approved March 9, 1956 (Ga. Laws 1956, p. 673), is hereby repealed in its entirety. Section 12. An Act entitled An Act to require that all common carriers of passengers for hire in intrastate travel providing waiting room and reception room facilities, shall provide separate accommodations for white and colored passengers traveling in intrastate travel; to prescribe misdemeanor punishment therefor; to provide for injunction; to repeal conflicting laws; and for other purposes., approved March 9, 1956 (Ga. Laws 1956, p. 658), is hereby repealed in its entirety. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

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REGISTRATION OF INDIVIDUALS BY RACE, ETC. REPEALED. Code Chapter 53-3 Repealed. Code Sections 53-106, 53-212, 53-9902, 53-9903, 53-9904, 53-9905, 53-9906, 53-9907, 53-9908, 79-103 Repealed. No. 543 (House Bill No. 200). AN ACT To repeal Code Chapter 53-3, relating to the registration of individuals as to race; to repeal Code Section 53-106, relating to the prohibition of miscegenation; to repeal Code Section 53-212, relating to who may perform colored marriages; to repeal Code Section 53-9902, relating to the criminal penalties invoked for allowing miscegenation to occur; to repeal Code Section 53-9903, relating to the criminal penalties invoked for violation of the provisions of Code Section 53-106; to repeal Code Section 53-9904, relating to the criminal penalty for false statement in application for marriage license; to repeal Code Section 53-9905, relating to criminal penalty for performing marriage ceremony illegally in violation of Code Chapter 53-3; to repeal Code Section 53-9906, relating to criminal penalty for refusal to execute registration certificate in violation of Code Chapter 53-3; to repeal Code Section 53-9907, relating to the criminal penalty for false registration in violation of Code Section 53-306; to repeal Code Section 53-9908, relating to a criminal penalty imposed upon ordinary's noncompliance with Code Chapter 53-3; to repeal Code Section 79-103, relating to defining persons of color; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 53-3, relating to the registration of individuals as to race, is hereby repealed in its entirety.

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Section 2. Code Section 53-106, relating to the prohibition of miscegenation, is hereby repealed in its entirety. Section 3. Code Section 53-212, relating to who may perform colored marriages, is hereby repealed in its entirety. Section 4. Code Section 53-9902, relating to the criminal penalties invoked for allowing miscegenation to occur, is hereby repealed in its entirety. Section 5. Code Section 53-9903, relating to the criminal penalties invoked for violation of the provisions of Code Section 53-106, is hereby repealed in its entirety. Section 6. Code Section 53-9904, relating to the criminal penalty for false statement in application for marriage license, is hereby repealed in its entirety. Section 7. Code Section 53-9905, relating to criminal penalty for performing marriage ceremony illegally in violation of Code Chapter 53-3, is hereby repealed in its entirety. Section 8. Code Section 53-9906, relating to criminal penalty for refusal to execute registration certificate in violation of Code Chapter 53-3, is hereby repealed in its entirety. Section 9. Code Section 53-9907, relating to the criminal penalty for false registration in violation of Code Section 53-306, is hereby repealed in its entirety. Section 10. Code Section 53-9908, relating to a criminal penalty imposed upon Ordinary's noncompliance with Code Chapter 53-3, is hereby repealed in its entirety. Section 11. Code Section 79-103, relating to defining persons of color, is hereby repealed in its entirety. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

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FINANCIAL INSTITUTIONS CODE OF GEORGIA AMENDED. Code Title 41A Amended. No. 544 (House Bill No. 202). AN ACT To amend Code Title 41A, known as the Financial Institutions Code of Georgia, approved March 25, 1974 (Ga. Laws 1974, p. 705), as amended, so as to provide that rules, regulations, orders and administrative directives issued by any State or federal official, agency or entity which is intended to be applicable to any financial institution or other organization under the supervision or subject to the directives of the Commissioner of Banking and Finance shall become effective as to any such financial institution or organization only upon approval in writing by the Commissioner of Banking and Finance; 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, approved March 25, 1974 (Ga. Laws 1974, p. 705), as amended, is hereby amended by adding a new Code Section 41A-318 at the end of Code Chapter 41A-3, to read as follows: 41A-318. Approval by commissioner of rules and regulations affecting financial institutions. Any rules, regulation, order, or administrative directive issued by a State or federal official, agency, or entity which is intended to be applicable to banks, banking associations, bank holding companies, building and savings and loan associations, credit unions, or companies engaged in selling money orders or any other company or financial institution under the supervision of the Commissioner of Banking and Finance and required to report to the commissioner or subject to rules and regulations issued by the commissioner, shall be effective as to any such

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company or financial institution only after the rule, regulation, order or other directive has been approved in writing by the Commissioner of Banking and Finance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. FINANCIAL INSTITUTIONS CODE OF GEORGIA AMENDED. Code Title 41A Amended. No. 545 (House Bill No. 203). AN ACT To amend Code Title 41A, known as the Financial Institutions Code of Georgia, approved March 25, 1974 (Ga. Laws 1974, p. 705), as amended, so as to designate the Department of Banking and Finance as the appropriate agency of this State to receive and investigate certain complaints or allegations regarding interest and usury violations; to authorize the Department to refer complaints or allegations to other State or federal officials or agencies for investigation or other action; to authorize the Department, in consultation with the Department of Law, to render and publish advisory opinions; to provide that reliance upon such an opinion shall constitute prima facie evidence of good faith on the part of any financial institution charged with any violation subjecting it to forfeiture or other sanctions imposed by the interest and usury laws in the event the opinion is amended, rescinded, or determined by judicial or other authority to be invalid; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Title 41A, known as the Financial Institutions Code of Georgia, approved March 25, 1974 (Ga. Laws 1974, p. 705), as amended, is hereby amended by adding a new Section 41A-411 at the end of Chapter 41A-4, to read as follows: 41A-411. Duties and responsibilities of the Department of Banking and Finance; advisory opinions; effect. (a) Except as provided in an Act known as the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. Laws 1955, p. 431), as amended, and an Act known as the Insurance Premium Finance Company Act, approved April 23, 1969 (Ga. Laws 1969, p. 561), as amended, the Department is hereby designated as the appropriate agency of this State to receive and investigate complaints or allegations regarding violations of the interest and usury laws of this State. In processing such matters, the Department may refer complaints or allegations to other State or federal officials or agencies which have jurisdiction over the lender involved for investigation or other action. (b) (1) The Department, in consultation with the Department of Law, may render and publish advisory opinions for the assistance and guidance of financial institutions as defined in this Code. (2) Reliance in good faith upon an opinion issued as provided in paragraph (1) shall constitute prima facie evidence of good faith on the part of any person charged with any violation, resulting from the reliance, which subjects him to forfeiture or other sanctions imposed by the interest and usury laws. The provisions of this paragraph shall apply even if, following the reliance, the opinion is amended, rescinded, or determined by any judicial or other authority to be invalid. 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 13, 1979.

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TRANSACTIONS BY BANKS INVOLVING CORPORATE STOCK AND SECURITIES. Code Section 41A-1309 Amended. No. 546 (House Bill No. 204). AN ACT To amend Code Section 41A-1309, relating to transactions by banks involving corporate stock and securities, as amended, so as to exclude obligations representing the sale of federal or correspondent funds to another financial institution when computing the loan limitation on the stock or capital securities of any corporation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 41A-1309, relating to transactions by banks involving corporate stock and securities, as amended, is hereby amended by striking paragraph (3) of subsection (b) of said Code Section and inserting in lieu thereof a new paragraph (3), to read as follows: (3) receive a pledge or other security interest in stock or capital securities in order to secure loans made in good faith except that it may not receive such interests in its own stock or capital securities, or lend in one or more transactions, involving one or more borrowers, more than 30 percent of its statutory capital base on the stock or capital securities of any corporation (including therein loans made directly to the corporation without ample security but excluding obligations representing the sale of federal or correspondent funds to another financial institution). The department may, by regulation or otherwise, specify that two or more corporations are so interrelated that their stock shall be regarded as the stock of one corporation for the purposes of this subsection.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. QUALIFICATIONS OF JUDGES OF PROBATE COURTS IN CERTAIN COUNTIES (100,000 OR MORE). No. 547 (House Bill No. 205). AN ACT To amend an Act changing the qualifications of persons elected judge of the probate court in certain counties of this State, approved February 27, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2739), as amended by an Act approved March 17, 1959 (Ga. Laws 1959, p. 358) and an Act approved April 5, 1971 (Ga. Laws 1971, p. 3065), so as to change the population classification; to provide 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 the qualifications of persons elected judge of the probate court in certain counties of this State, approved February 27, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2739), as amended by an Act approved March 17, 1959 (Ga. Laws 1959, p. 358) and an Act approved April 5, 1971 (Ga. Laws 1971, p. 3065), is hereby amended by striking the figure 196,000 in Section 1 and inserting in lieu thereof the figure 100,000 so that, when so amended, Section 1 shall read as follows: Section 1. In all counties of this State having a population of more than 100,000, according to the United States Decennial

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Census of 1970 or any future such census, no person shall be judge of the probate court unless at the time of his election, in addition to the qualifications now required by law, he shall have attained the age of thirty years and shall either have practiced law for three years preceding his election or shall have served for at least five years as a clerk of the probate court. Provided, however, that such service shall have been continuous and immediately prior to his election as judge of the probate court. Nothing contained within the foregoing language shall apply to any person now holding the office of judge of the probate court in any such county. No person elected judge of the probate court in such counties shall engage in the private practice of 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 13, 1979. GEORGIA ELECTION CODE AMENDED. Code Title 34 Amended. No. 548 (House Bill No. 212). AN ACT To amend Code Title 34, known as the Georgia Election Code, as amended, so as to provide for the powers and duties of the Secretary of State; to provide for the qualifications of registrars and deputy registrars; to provide for special primaries or elections held at the time of general primaries or elections; to provide for the filing of notices of candidacy; to provide for the form of ballot cards for vote recorders; to provide for the definition of absentee electors; to provide for poll watchers; to provide for petitions for election

"GA1979.1.956">

contests; 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 34, known as the Georgia Election Code, as amended, is hereby amended by adding at the end of Code Section 34-301, relating to the powers and duties of the Secretary of State, a new subsection (k) to read as follows: (k) To conduct training sessions at such places as he deems appropriate in even-numbered years for the training of registrars and superintendents of elections. Section 2. Said Code Title is further amended by striking in its entirety Code Section 34-605, relating to qualifications of registrars and deputy registrars, and inserting in lieu thereof a new Code Section 34-605 to read as follows: 34-605. Qualifications of registrars and deputy registrars.(a) 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 of a county board of elections from holding political party or body office or serving as a presidential elector. (b) The board of registrars and the superintendent of elections in each county or their designated representatives shall attend a scheduled training session on registration and election laws in each even-numbered year to be conducted by the Secretary of State. The governing authority of each county shall reimburse the board of

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registrars, the superintendent of elections or their designated representatives for such expenses as they incur in attending such training sessions. Section 3. Said Code Title is further amended by striking in its entirety Code Section 34-807, relating to special elections held at the time of general elections, and inserting in lieu thereof a new Code Section 34-807 to read as follows: 34-807. Special primary or election held at time of general primary or election. A special primary or election may be held at the time of a general primary or election. If the times specified for the closing of the registration list for a special primary or election are the same as those for a general primary or election, the candidates and questions in such special primary or election may be included on the ballot for such general primary or election. Section 4. Said Code Title is further amended by striking in its entirety subsection (c) of Code Section 34-1002, relating to filing notices of candidacy, and inserting in lieu thereof a new subsection (c) to read as follows: (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 twenty-five 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 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 twenty-five days prior to the election in the case of a special election. Section 5. Said Code Title is further amended by striking in its entirety Code Section 34-1223, relating to the form of ballot cards

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for vote recorders, and inserting in lieu thereof a new Code Section 34-1223 to read as follows: 34-1223. Form of ballot cards for vote recorders.Ballot cards shall be of suitable design, size and stock to permit processing by a tabulating machine and shall be printed in black ink on clear white or colored material. A serially numbered strip shall be attached to each ballot card in a manner and form similar to that prescribed in this Code for paper ballots. Section 6. Said Code Title is further amended by striking in their entirety subsections (a) and (b) of Code Section 34-1310, relating to poll watchers, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) In a primary or run-off primary, each candidate entitled to have his name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each election district in which he wishes an observer to the chairman or secretary of the appropriate party executive committee at least 21 days prior to such primary or 14 days prior to such run-off primary. The appropriate party executive committee shall designate at least seven days prior to such primary or run-off primary no more than two poll watchers for each election district, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers will be given a letter signed by the party chairman and secretary and containing the following information: name of official poll watcher, address, precinct in which he shall serve, and name and date of primary or run-off primary. (b) In an election or run-off election, each political party and political body shall each be entitled to designate at least seven days prior to such election or run-off election no more than two official poll watchers to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each election district. Each poll watcher shall be given a letter signed by the appropriate political party or body chairman and secretary, if a party or body designates same, or by the independent candidate, if named by him. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he shall serve, and date of election or run-off election.

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Section 7. Said Code Title is further amended by striking in its entirety Code Section 34-1401, relating to definition of absentee electors, and inserting in lieu thereof a new Code Section 34-1401 to read as follows: 34-1401. Definition. `Absentee elector,' when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, an elector of the State of Georgia who is required to be absent from his election district during the time of the primary or election he desires to vote in, or who will perform any of the official acts or duties set forth in this Code in connection with the primary or election he desires to vote in, or who because of physical disability will be unable to be present at the polls on the day of such primary or election, or who, because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election. Section 8. Said Code Title is further amended by adding at the end of subsection (a) of Code Section 34-1705, relating to petitions for election contests, the following: The State Election Board shall be served with a copy of the petition, by serving the same on the chairman thereof, by mailing a copy to the chairman by certified or registered mail; and a certificate that such service has been made shall be filed by the plaintiff or his attorney., so that when so amended, subsection (a) shall read as follows: (a) A petition to contest the result of a primary or election shall be filed in the office of the clerk of the superior court having jurisdiction, within five days after the official consolidation of the returns of that particular office or question and certification thereof by the election official having responsibility for taking such action under the provisions of this Code, and shall allege: (i) the contestant's qualification to institute the contest; (ii) the contestant's desires to contest the result of such primary or election and the name of the nomination, office or question involved in the contest; (iii) the name of the defendant; (iv) the name of each person who was a candidate at such primary or election for such nomination or office in the case of a contest involving same; (v) each ground of contest; (vi) the date of the official declaration of the result in

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dispute; (vii) the relief sought; and (viii) such other facts as are necessary to provide a full, particular and explicit statement of the cause of contest. The State Election Board shall be served with a copy of the petition, by serving the same on the chairman thereof, by mailing a copy to the chairman by certified or registered mail; and a certificate that such service has been made shall be filed by the plaintiff or his attorney. Section 9. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Title 34A Amended. No. 549 (House Bill No. 213). AN ACT To amend Code Title 34A, known as the Georgia Municipal Election Code, as amended, so as to provide for changes of residence of electors; to provide for exceptions; to repeal conflicting laws; and for other purposes.

"GA1979.1.961">

Be it enacted by the General Assembly of Georgia: Section 1. Code Title 34A, known as the Georgia Municipal Election Code, as amended, is hereby amended by striking in its entirety Code Section 34A-522, relating to changes of residence of electors, and inserting in lieu thereof a new Code Section 34A-522 to read as follows: 34A-522. Change of residence of elector.In the event any elector moves to a residence within the municipality which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact, and the board shall place such person's name on the proper list of electors. If the board, of its own knowledge, knows of such move, it may make the proper changes. Any elector who moves to a residence within the municipality but into a different election district or who moves to a residence in the same election district but at a different address and fails to notify the board of registrars of such fact prior to an election or primary shall vote in the district of his former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms which shall be completed by each such elector to reflect his present legal residence. The board of registrars shall thereafter correct the electors' list accordingly. Section 2. Said Code Title is further amended by striking Code Section 34A-1214, relating to voting in district of residence only, and inserting in lieu thereof a new Code Section 34A-1214, to read as follows: 34A-1214. Voting in district of residence only.Except as provided in Section 34A-522 and Chapter 34A-13, no person shall vote at any primary or election in any polling place outside the election district in which he resides, nor shall he vote in the election district in which he resides, unless he has been registered as an elector and his name appears on the electors' list of such election district. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.962">

GEORGIA ELECTION CODE AMENDED. Code Title 34 Amended. No. 550 (House Bill No. 214). AN ACT To amend Code Title 34, known as the Georgia Election Code, as amended, so as to provide for changes of residence of electors; to provide for exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 34, known as the Georgia Election Code, as amended, is hereby amended by striking subsections (d) and (e) of Code Section 34-631 in their entirety and inserting in lieu thereof new subsections (d) and (e) of said Code Section, to read as follows: (d) Any provision of this Code to the contrary notwithstanding, an elector who moves from one county to another within 30 days prior to a primary or election may vote in the county or election district in which he is registered to vote. (e) Any elector who moves to a residence within the county but into a different election district or who moves to a residence in the same election district but at a different address and fails to notify the board of registrars of such fact thirty days prior to an election or primary shall vote in the district of his former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms furnished by the Secretary of State which shall be completed

"GA1979.1.963">

by each such elector to reflect his present legal residence. The board of registrars shall thereafter correct the electors' list accordingly. Section 2. Said Code Title is further amended by striking subsection (c) of Code Section 34-1316, relating to manner of applying to vote and persons entitled to vote, in its entirety and inserting in lieu thereof a new subsection (c) of said Code Section, to read as follows: (c) Except as provided in Sections 34-629, 34-631 and 34-1407, no person shall vote at any primary or election at any polling place outside the election district in which he resides, nor shall he vote in the election district in which he resides, unless he has been registered as an elector and his name appears on the electors' list of such election district. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. GEORGIA ELECTION CODE AMENDED. Code Section 34-1017 Amended. No. 551 (House Bill No. 215). AN ACT To amend Code Chapter 34-10, relating to nomination of candidates, as amended, so as to provide for notice of intent of write-in candidates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

"GA1979.1.964">

Section 1. Code Chapter 34-10, relating to nomination of candidates, as amended, is hereby amended by striking in its entirety Code Section 34-1017, relating to notice of intent of write-in candidates, and inserting in lieu thereof a new Code Section 34-1017 to 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 20 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 superintendent of elections in the county in which he is to be a candidate and by publication in the official organ of the same county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Title 34A Amended. No. 552 (House Bill No. 217). AN ACT To amend Code Title 34A, known as the Georgia Municipal Election Code, as amended, so as to provide certain definitions; to provide for the advertisement of additional registration places; to provide that all voter registration places shall be places open to the general public and frequented by the general public; to provide for inoperative voting machines; to provide for voting by absentee electors; to provide for severability; to repeal conflicting laws; and for other purposes.

"GA1979.1.965">

Be it enacted by the General Assembly of Georgia: Section 1. Code Title 34A, known as the Georgia Municipal Election Code, as amended, is hereby amended by adding at the end of Code Section 34A-103, relating to definitions, a new subsection (ai) to read as follows: (ai) 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 2. Said Code Title is further amended by adding at the end of Code Section 34A-506, relating to keeping of registration cards and other papers, voter registration places and office hours, new subsections (d) and (e) to read as follows: (d) Additional registration places must be advertised in a newspaper of general circulation in the municipality one or more times at least seven days prior to the first day for registration. (e) All voter registration places shall be places open to the general public and frequented by the general public. Section 3. Said Code Title is further amended by adding at the end of Code Section 34A-1209, relating to poll watchers, a new subsection (d) to read as follows: (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 4. Said Code Title is further amended by striking in its entirety paragraph (vii) of subsection (a) of Code Section 34A-1225, relating to opening of polls and examination of voting machines, and inserting in lieu thereof a new paragraph (vii) to read as follows: (vii) If, during a primary or election, a voting machine becomes inoperative in such manner that it cannot be readily

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repaired without exposing the count on the candidates' counters, the poll officers shall immediately lock and seal the operating lever or mechanism of the machine so that the voting and counting mechanism will be prevented from operation. Upon the close of the polls, the poll officers shall perform their duties set forth in Sections 34A-1228, 34A-1229, 34A-1230 and 34A-1231 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 5. Said Code Title is further amended by adding at the end of Code Section 34A-1307, relating to voting by absentee electors, a new subsection (c) to read as follows: (c) If the absentee ballots have been printed at the time an elector applies for an absentee ballot, then the absentee ballot shall be delivered to the elector at the time of the application therefor within the confines of the registrar's office. The elector shall then and there vote the absentee ballot as hereinabove provided and deliver the voted ballot as provided above. Section 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.967">

GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Section 34A-915 Amended. No. 553 (House Bill No. 218). AN ACT To amend Code Chapter 34A-9, relating to nomination of candidates under the Municipal Election Code, as amended, so as to provide for notice of intent of write-in candidates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34A-9, relating to nomination of candidates under the Municipal Election Code, as amended, is hereby amended by adding at the end thereof a new Code Section 34A-915 to read as follows: 34A-915. 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 qualifying to vote in the subject election as follows: in a general or special municipal election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.968">

GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Title 34A Amended. No. 554 (House Bill No. 219). AN ACT To amend Code Title 34A, known as the Georgia Municipal Election Code, as amended, so as to provide for the form of ballot cards for vote recorders; to provide for poll watchers; to provide for the definition of absentee electors; 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 34A, known as the Georgia Municipal Election Code, as amended, is hereby amended by striking in its entirety Code Section 34A-1123, relating to the form of ballot cards for vote recorders, and inserting in lieu thereof a new Code Section 34A-1123 to read as follows: 34A-1123. Form of ballot cards for vote recorders.Ballot cards shall be of suitable design, size and stock to permit processing by a tabulating machine and shall be printed in black ink on clear white or colored material. A serially numbered strip shall be attached to each ballot card in a manner and form similar to that prescribed in this Code for paper ballots. Section 2. Said Code Title is further amended by striking in their entirety subsections (a) and (b) of Code Section 34A-1209, relating to poll watchers, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) In a primary or run-off primary, each candidate entitled to have his name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each election district in which he wishes an observer to the chairman or secretary of the municipal or other appropriate party executive committee at least 21 days prior to such primary or 14 days prior to such run-off primary. The municipal or other appropriate party executive committee

"GA1979.1.969">

shall designate at least seven days prior to such primary or run-off primary no more than two poll watchers for each election district, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers will be given a letter signed by the party chairman and secretary and containing the following information: name of official poll watcher, address, precinct in which he shall serve, and name and date of primary or run-off primary. (b) In an election or run-off election, each political party and political body shall each be entitled to designate at least seven days prior to such election or run-off election no more than two official poll watchers to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each election district. Each poll watcher shall be given a letter signed by the appropriate political party or body chairman and secretary, if a party or body designates same, or by the independent candidate, if named by him. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he shall serve, and date of election or run-off election. Section 3. Said Code Title is further amended by striking in its entirety Code Section 34A-1302, relating to definition of absentee electors, and inserting in lieu thereof a new Code Section 34A-1302 to read as follows: 34A-1302. Definition of `absentee elector.'The words `absentee elector,' when used in this Chapter, shall mean, unless otherwise clearly apparent from the context, an elector of the municipality who is required to be absent from said municipality during the time of the primary or election in which he desires to vote, or who will perform any of the official acts or duties set forth in this Code in connection with the primary or election in which he desires to vote, or who because of physical disability will be unable to be present at the polls on the day of such primary or election, or who, because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election.

"GA1979.1.970">

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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. GEORGIA MUNICIPAL ELECTION CODE AMENDED. Code Section 34A-1004 Amended. No. 555 (House Bill No. 221). AN ACT To amend Code Section 34A-1004, relating to the form of official election ballots under the Municipal Election Code, as amended, so as to provide for certain conditions under which an elector's name will not be purged from the electors' list; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 34A-1004, relating to the form of official election ballots under the Municipal Election Code, as amended, is hereby amended by striking subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:

"GA1979.1.971">

(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. Each elector eligible to have voted in an election which, in accordance with this Section, was not conducted shall be deemed to have voted in such election for the purposes set forth in Sections 34A-514 and 34A-515. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. REAPPOINTMENT TO OFFICE OF DISTRICT ATTORNEY EMERITUS. No. 556 (House Bill No. 231). AN ACT To amend an Act creating the office of Solicitor General Emeritus (now District Attorney Emeritus), approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved April 28, 1975 (Ga. Laws 1975, p. 1632), so as to provide for resignation and reappointment as District Attorney Emeritus; 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:

"GA1979.1.972">

Section 1. An Act creating the office of Solicitor General Emeritus (now District Attorney Emeritus), approved February 17, 1949 (Ga. Laws 1949, p. 780), as amended, particularly by an Act approved April 28, 1975 (Ga. Laws 1975, p. 1632), is hereby amended by adding a new paragraph to Section 3.1 to read as follows: Any person who holds the office of District Attorney Emeritus shall have the right, as hereinafter limited, to resign as District Attorney Emeritus and to be reappointed as District Attorney Emeritus upon written request to the Governor. No such person shall be eligible to be reappointed more than three times; and no such person shall be eligible to be reappointed until at least three years have elapsed since the date of his most recent resignation unless he has become disabled. If such person has become disabled, he shall immediately be eligible to be reappointed without regard to the period of time which has elapsed since his resignation. Upon such resignation any such person shall receive no salary as provided in this Act for a District Attorney Emeritus. Upon reappointment as District Attorney Emeritus, such person shall receive the salary he was receiving as District Attorney Emeritus at the time of his resignation. 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 13, 1979.

"GA1979.1.973">

GEORGIA CODE OF PUBLIC TRANSPORTATION AMENDED. Code Title 95A Amended. No. 557 (House Bill No. 234). 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. 1422), an Act approved April 18, 1975 (Ga. Laws 1975, p. 813), an Act approved March 24, 1976 (Ga. Laws 1976, p. 775) and an Act approved March 4, 1977 (Ga. Laws 1977, p. 267), so as to define the terms Other transportation purposes and Other public transportation purposes; to provide municipalities, counties, Authorities and State agencies with financial support by contract for the widening, deepening, and improvement of ports, seaports, or harbors; to authorize the Department, with its own force or by contract, to widen, deepen, and improve ports, seaports, and harbors; to provide that property may be condemned for other public transportation purposes; to provide for condemnation of private property by declaration of taking for any other public transportation purposes; to provide that these provisions shall be construed as supplementary to and not as repealing other provisions of Georgia law; to provide for relocation assistance for persons displaced by federal-aid river and harbor improvement projects; to secure the benefits of federal programs for other major transportation facilities; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code 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. 1422), an Act approved April 18, 1975 (Ga. Laws 1975, p. 813), an Act approved March 24, 1976 (Ga. Laws 1976, p. 775) and an Act approved March 4, 1977 (Ga. Laws 1977, p. 267), is hereby amended by inserting in Code Section 95A-104

"GA1979.1.974">

after the phrase Negotiated contract: A contract made without formal advertising for competitive bids. and before the term Overpass the following: Other transportation purposes: Any transportation facility designed to transport people or goods, including but not limited to railroads, port and harbor facilities, air transport and airport facilities, mass transportation facilities [as defined by Code Section 95A-1301(a)(2)], and transportation projects [as defined by Section 2(h) of an Act approved March 10, 1965 (Ga. Laws 1965, p. 2243), as now or hereafter amended]. Provided that in no event and for no purpose shall the phrase `other transportation purposes' be deemed to include coal slurry pipelines. Other public transportation purposes: Other transportation purposes. Section 2. Said Code Title is further amended by inserting the phrase and for the widening, deepening, and improvement of, after the word obstructions, and before the word the in subparagraph (1) of subsection (r) of Code Section 95A-302, relating to the powers and duties of the Department of Transportation, as amended, so that the subparagraph, when so amended, shall read as follows: (1) Subject to general appropriations, and any provisions of Chapter 7 of this Title to the contrary notwithstanding, the Department is hereby authorized within the limitations hereinafter provided, to provide to municipalities, counties, authorities, and State agencies financial support, by contract, for clearing, dredging, or maintaining free from obstructions, and for the widening, deepening and improvement of, the ports, seaports, or harbors of this State. Section 3. Said Code Title is further amended by inserting the word or after the word forces and before the word by and inserting the phrase and may widen, deepen, and improve, after the word obstruction, and before the word the in subparagraph (3) of subsection (r) of Code Section 95A-302, relating to the powers and duties of the Department of Transportation, as amended, so that the subparagraph, when so amended, shall read as follows:

"GA1979.1.975">

(3) In addition to the provisions of subparagraph (1) of this subsection, and subject to general appropriations for such purposes, the Department, with its own forces or by contract, may clear, dredge, or maintain free from obstruction, and may widen, deepen, and improve, the ports, seaports, or harbors of this State. Section 4. Said Code Title is further amended by inserting the words or any other public transportation purposes after the words Condemnation for public road purposes and before the first semicolon in the title of Code Section 95A-603 and after the words for public road purposes and before the words in pursuance of any law in Code Section 95A-603, so that the Section, when so amended, shall read as follows: 95A-603. Condemnation for public road purposes or any other public transportation purposes; proceeding in rem; protection of rights of interested persons. Whenever any State agency, county, or municipality desires to take or damage private property, including the taking or damaging of scenic easements, air rights, rights-of-access, and other interests in land, for public road purposes or any other public transportation purposes in pursuance of any law so authorizing, and shall find or believe, concerning which the decision of the condemning authority shall be final and conclusive, that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete or in controversy, or that there are or may be persons unknown or nonresident who have or may have some claim or demand thereon, or some actual or contingent interest or estate therein, or that there are minors or persons under disability who are or may be interested therein, or that there are taxes due or that should be paid thereon, or shall, for any reason, conclude that it is desirable to have a judicial ascertainment of any question connected with the matter, such State agency, county, or municipality, through any authorized representative, either in term time or vacation, may file a proceeding in rem in the superior court of the county having jurisdiction, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment. Section 5. Said Code Title is further amended by inserting the words or any other public transportation purposes after the words Condemnation by declaration of taking for public road purposes and before the first semicolon in the title of Code Section

"GA1979.1.976">

95A-605, and by inserting the words or any other public transportation purpose in the first sentence of subsection (a) of Code Section 95A-605 after the words for any public road purpose and before the comma, after the words county road system purposes and before the comma, and after the words municipal street system purpose and before the words and shall declare, so that the title of Code Section 95A-605 and the first sentence of subsection (a) of Code Section 95A-605, when so amended, shall read as follows: 95A-605. Condemnation by declaration of taking for public road purposes or any other public transportation purposes; deposit of funds; title of condemnor. (a) Filing of declaration. Whenever it shall be desired to take or damage private property, including the taking or damaging of scenic easements, air rights, rights-of-access, and other interests in land, for any public road purpose or any other public transportation purpose, the petitioner may institute proceedings in the superior court having jurisdiction and shall file a declaration of taking signed by: the Commissioner or the Deputy Commissioner of the Department of Transportation if seeking to acquire property on behalf of the Department, or the county governing authority is seeking to condemn for county road system purposes or any other public transportation purpose, or the municipal governing authority if seeking to condemn for municipal street system purpose or any other public transportation purpose and shall declare that said lands are hereby taken for the use of the condemnor, subject to the order of the court hereinafter provided for. Section 6. Said Code Title is further amended by adding the words or any other public transportation purposes after the words public road purposes and before the period in Section 95A-617, so that the Section, when so amended, shall read as follows: The provisions of this Chapter shall not be construed as repealing Chapters 36-2 to 36-6 or 36-11 of the Code of Georgia of 1933, nor that certain Act of the General Assembly approved March 13, 1957, p. 387; nor Ga. Code Ann. Ch. 36-6A, all prescribing a method of procedure for condemnation of private property, but as supplementary thereto and cumulative thereof in cases where the condemnation is for public road purposes or any other public transportation purposes.

"GA1979.1.977">

Section 7. Said Code Title is further amended by adding thereto a new Section, numbered 95A-623.1, which shall be inserted immediately following Section 95A-623 within the Georgia Code of Public Transportation and which shall read as follows: 95A-623.1. Relocation assistance for persons displaced by federal-aid river and harbor improvement projects. (a) The Department, as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, 2nd Sess. (1) Section 210, thereof, shall make or approve payments for relocation expenses and replacement housing expenses and shall provide relocation assistance advisory services for any person, family, business, farm operation, or nonprofit organization displaced by federal-air river and harbor improvement projects in the State, the costs of which are now or hereafter financed in whole or in part from federal funds; and (2) Section 305(2), thereof, shall make or approve payments to any person, family, business, farm operation, or non-profit organization whose real property has been acquired by the Department or is subject to a condemnation proceeding brought by the Department for any federal-aid river and harbor improvement project in the State, the costs of which are now or hereafter financed in whole or in part from federal funds: (A) for expenses incident to the transfer of real property acquired by the Department, prepayment of mortgage penalties, and a pro rata portion of real property taxes on real property acquired by the Department; (B) for litigation expenses actually incurred by the condemnee in any condemnation proceeding brought by the Department if the final judgment is that the Department cannot acquire the real property by condemnation or the condemnation proceeding is formally abandoned by the Department; or (C) for litigation expenses incurred by the plaintiff in any inverse condemnation proceeding brought against the Department and in which judgment is rendered in favor of the plaintiff.

"GA1979.1.978">

(b) In acquiring real property for any federal-aid river and harbor improvement project, the costs of which are financed in whole or in part from federal funds, the Department shall be guided by the land acquisition policies required by Section 305(1) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, and shall, to the greatest extent practicable, be guided by the following policies: (1) The Department shall make every reasonable effort to acquire expeditiously real property by negotiation; (2) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property; (3) Before the initiation of negotiations for real property, the Department shall establish an amount which it believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the Department's approved appraisal of the fair market value of such property. The Department shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount established by the Department as just compensation. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated; (4) No owner shall be required to surrender possession of real property before the Department pays the agreed purchase price, or deposits with the court pursuant to a declaration of taking, or the award of assessors or the special master, for the benefit of the owner, an amount not less than the Department's approved appraisal of the fair market value of such property or the amount of the award of the assessors or special master; (5) The construction or development of a federal-aid river and harbor improvement project shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming

"GA1979.1.979">

a replacement dwelling will be available), or to move his business or farm operation, without at least ninety days' written notice from the Department, of the date by which such move is required; (6) If the Department permits an owner or tenant to occupy the real property acquired on a rental basis for a short term, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier; (7) In no event shall the Department either advance the time of condemnation, or defer negotiations or condemnation and deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property; (8) If any interest in real property is to be acquired by exercise of the power of eminent domain, the Department shall institute formal condemnation proceedings. The Department shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property; and (9) If the acquisition of only part of the property would leave its owner with an uneconomic remnant, as determined by the Department, the Department shall offer to acquire the entire property. (c) In acquiring real property for any federal-aid river and harbor improvement project, the cost of which is financed in whole or in part from federal funds, the Department shall be guided by the land acquisition policies relating to buildings, structures, and improvements, specified by Section 305(1) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 91st Congress, approved January 2, 1971, and shall to the greatest extent practicable be guided by the following policies: (1) Notwithstanding any other provision of the law, if the Department acquires any interest in real property, it shall acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired

"GA1979.1.980">

and which it requires to be removed from such real property or which it determines will be adversely affected by the use to which such real property will be put; (2) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (a) of this Section, such building, structure, or other improvement shall be deemed to be part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor; (3) Payment under this subsection shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall bargain, sell, transfer, and convey to the Department all his right, title, and interest in and to such improvements. Nothing in this Section shall be construed to deprive the tenant of any rights to reject payment under this Section and to obtain payment for such property interests in accordance with applicable law, other than this Section. (d) Nothing contained in this Section shall be construed as creating in any condemnation proceeding brought under the power of eminent domain, any element of value or of damage. Section 8. Said Code Title is further amended by inserting the phrase and other major transportation facilities after the word roads and before the word of in the second unnumbered paragraph of Code Section 95A-624, relating to the governing of federal laws in cases of conflict and the Department's ability to secure the benefits of federal programs to the State, as amended, so that the second unnumbered paragraph shall read as follows:

"GA1979.1.981">

The Department is hereby authorized to take the necessary steps to secure the full benefit of any federal-aid program and to meet any contingencies not provided for in this Chapter, abiding at all times by a fundamental purpose to plan, construct, reconstruct and maintain, as economically as possible, the public roads and other major transportation facilities of Georgia which will best promote the interest, welfare, and progress of the citizens of the State of Georgia. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. STATE OIL CHEMISTDUTIES, ETC. Code Chapter 73-2 Amended. No. 558 (House Bill No. 240). AN ACT To amend Code Chapter 73-2, relating to the inspection, sale, etc., of gasoline, kerosene, and other petroleum products, as amended, so as to designate as regulated thereby petroleum products used for lubricating purposes; to repeal Sections 73-222 and 73-223 relating to substitution or misbranding of petroleum products and sale of used or reclaimed lubricating oils or lubricants, as provided by an Act approved March 31, 1937 (Ga. Laws 1937, p. 477), and as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 391), by an Act approved March 25, 1958 (Ga. Laws 1958, p. 618), and by an Act approved March 9, 1959 (Ga. Laws 1959, p. 128), and to insert in lieu thereof new Sections 73-222 and 73-223 relating to the same subject matter; to prohibit substitution

"GA1979.1.982">

or misbranding of petroleum products and other such deceptive practices; to require labeling of used and reclaimed lubricating oils and lubricants; to authorize actions for injunction against the sale of such lubricants without proper labeling; to prohibit deceptive labeling of fuels, oils and similar products; to prohibit adulteration of fuels, oils and similar products; to prohibit the aiding of other persons in carrying out acts prohibited by this Act; to define persons liable for violation; to provide penalties for violation; to provide for other matters relating to the foregoing; to provide 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. Code Chapter 73-2, relating to the inspection, sale, etc., of gasoline, kerosene, and other petroleum products, as amended, is hereby amended by repealing in its entirety Code Section 73-201 and inserting in lieu thereof a new Code Section 73-201 to read as follows: Section 73-201. State Oil Chemist; appointment, duties, term of office.The Commissioner of Agriculture is hereby required to appoint a chemist, who shall be an expert oil analyst, to be designated as the State Oil Chemist, whose duty it shall be to analyze all samples for gasoline and kerosene, and all fluids purporting to be substitutes therefor, or motor fuel improvements, or other like products of petroleum, under whatever name they may be designated, and used for illuminating, heating, cooking, power or lubricating purposes, submitted by the Commissioner of Agriculture of any duly authorized inspector or inspectors. Section 2. Said Code Chapter 73-2 is further amended by adding at the end of Section 73-209 thereof an additional sentence to read as follows: Lubricating oils include re-refined, reprocessed or reconditioned used oils as well as virgin petroleum oils or blends thereof. Section 3. Said Code Chapter 73-2 is further amended by repealing Section 73-210 in its entirety and inserting in lieu thereof a new Section 73-210, to read as follows:

"GA1979.1.983">

73-210. Qualification of Dealers.For the purpose of this law all gasoline and kerosene sold, or offered or exposed for sale, shall be subject to inspection and analysis as hereinafter provided. All manufacturers, refiners, wholesalers, and jobbers, before selling or offering for sale any gasoline or kerosene, or the like products, under whatever name designated, for power, lubricating, illuminating, heating or cooking purposes, shall file with the Commissioner of Agriculture a declaration or statement that they desire to sell such products in this State, and shall furnish the name, brand, or a trademark of the product which they desire to sell, together with the name and address of the manufacturer thereof, and that all such products are in conformity with the specifications established pursuant to this Chapter by the State Oil Chemist and approved by the Commissioner of Agriculture. Section 4. Said Code Chapter 73-2 is further amended by repealing Section 73-212 in its entirety and inserting in lieu thereof a new Section 73-212, to read as follows: 73-212. Illegal sale of gasoline or kerosene; confiscation.The sale or offering for sale of all gasoline and kerosene hereinbefore described and designated, used or intended to be used for power, lubricating, illuminating, cooking, or heating purposes, when sold under whatever name, which shall fall below the standard hereinafter provided, shall be illegal, and same shall be subject to confiscation and destruction by order of the Commissioner of Agriculture. Section 5. Said Code Chapter 73-2 is further amended by repealing Section 73-214 in its entirety and inserting in lieu thereof a new Section 73-214 to read as follows: 73-214. Shipment into State; notice; samples.When gasoline or kerosene or other petroleum products used for heating, cooking, illuminating, power or lubricating purposes is shipped into this State in any manner whatsoever, the manufacturer, refiner or jobber shall promptly give notice to the Commissioner of Agriculture of the date of shipment, and shall furnish a sample of such size as designated by the Commissioner of Agriculture, but not in excess of 16 ounces, of the gasoline or kerosene and other petroleum products used for heating, cooking, illuminating, power or lubricating purposes shipped and labeled, giving the tank-car number, truck

"GA1979.1.984">

number or other container number, with the name and address of the person, company, firm or corporation to whom it is sent, and the number of gallons contained in the shipment made. In each instance where gasoline or kerosene and other petroleum products used for heating, cooking, illuminating, power or lubricating purposes is shipped in tank cars, the record of the capacity of each tank car furnished by the railroad company shall be accepted. Section 6. Said Code Chapter 73-2 is further amended by repealing in its entirety Section 73-216 and inserting in lieu thereof a new Section 73-216, to read as follows: 73-216. Rules and Regulations; specification for petroleum products; injunction against violation.(a) The Commissioner of Agriculture shall have authority to prescribe such rules and regulations, consistent with the terms, intent and purposes of this Chapter, as he finds necessary for the proper administration and enforcement thereof. He shall establish by regulation specifications for the various petroleum products used for heating, cooking, illuminating, power or lubricating purposes in this State so as to provide quality control and suitability for the intended use of such products and the effective enforcement of the laws pertaining to the sale, distribution or use of such products, and shall have authority to change such specifications, but only after giving a 60 days' notice and a public hearing in regard to such changes to refiners and distributors doing business in this State. (b) Whenever the Commissioner of Agriculture shall find any person willfully marketing petroleum products in this State which are regulated by this Chapter and which do not comply with the prescribed specifications therefor, or otherwise willfully marketing petroleum products in violation of this Chapter and rules and regulations promulgated pursuant hereto, he shall be authorized to apply to the superior court having jurisdiction over the offender for an injunction against the continuance of any such violations. The appropriate superior court shall have jurisdiction, upon hearing and for cause shown, to grant such temporary or permanent injunction restraining further violations as the circumstances appear to require. Section 7. Said Code Chapter 73-2 is further amended by repealing Sections 73-222 and 73-223, relating to substitution or misbranding

"GA1979.1.985">

of petroleum products and sale of used or reclaimed lubricating oils or lubricants, as provided by an Act approved March 31, 1937 (Ga. Laws 1937, p. 477), and as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 391), by an Act approved March 25, 1958 (Ga. Laws 1958, p. 618), and by an Act approved March 9, 1959 (Ga. Laws 1959, p. 128), and by inserting in lieu thereof new Sections 73-222 and 73-223, to read as follows: 73-222. Substitution or Misbranding of Petroleum Products; Sale of Used or Reclaimed Lubricating Oils or Lubricants. (a) No person shall store, sell, expose or offer for sale any liquid fuels, lubricating oils, greases, and/or other similar products: (1) in or from any container, receptacle, tank, pump or other distributing device other than those products manufactured or distributed by the manufacturer or distributor indicated by the trademark, trade name, name, symbol, sign or other distinguishing mark or device displayed upon said container, receptacle, tank, pump, or other distributing device in or from which such products are stored, sold, exposed or offered for sale or distributed, or (2) under any trademark, trade name, name, symbol, sign or other distinguishing mark or device other than those products manufactured or distributed by the manufacturer or distributor marketing such products under such trademark, trade name, name, symbol, sign or other distinguishing mark or device, or (3) in any manner whatsoever which may deceive, or have the effect of deceiving the purchaser of such products as to the nature, price, quality or quantity of the products so stored, sold, exposed or offered for sale. (b) No person shall store, sell, expose or offer for sale any previously used or previously used and reclaimed, recleaned or reconditioned lubricating oils, lubricants or mixtures of lubricants unless such person shall at all times have each and every container or item of equipment in or through which any of such products are sold, kept for sale, displayed or dispensed plainly labeled `reprocessed or re-refined.' No person shall cause to be published, displayed or circulated any advertising matter offering for sale any previously used, or previously used and reclaimed, used, recleaned or reconditioned

"GA1979.1.986">

lubricating oils, lubricants or mixtures of lubricants unless he shall state in such advertising the fact that such products have been previously used: Provided, however, that nothing in this Section shall apply to the sale of unfiltered crankcase drainings: Provided, however, that nothing in this Section shall apply to the sale of crankcase drainings for use on livestock. (c) Any person dealing in previously used or previously used and reclaimed, recleaned, or reconditioned lubricating oils, lubricants or mixtures of lubricants without having each and every container or item of equipment in or through which any of such products are sold, kept for sale, displayed or dispensed plainly labeled as required in this Section, or advertising any of such products for sale without inserting in such advertising a statement as required in this Section may upon proper hearing be enjoined from selling any of such products or offering, displaying or advertising any of the same for sale. Action for such injunction may be brought in any court having jurisdiction to hear and decide equity cases in the county in which the defendant resides, and may be brought either by the Attorney General of this State or by the district attorney in and for such county. The authority granted by this Section shall be in addition to and not in lieu of authority to prosecute criminally any person for a violation of this Section. The granting or enforcing of any injunction under the provisions of this Section is a preventive measure for the protection of the people of this State, not a punitive measure, and the fact that a person has been charged or convicted of a violation of this Section shall not prevent the issuance of a writ of injunction to prevent further unlawful dealing in previously used or previously used and reclaimed, recleaned or reconditioned lubricating oils, lubricants, or mixtures of lubricants, nor shall the fact that a writ of injunction has been granted under the provisions of this Section preclude the institution of criminal prosecution or punishment. The State Oil Chemist and any and all law enforcement officers in the State of Georgia are hereby charged with the enforcement of this Section. (d) No person shall disguise or camouflage his equipment by imitating the trademark, trade name, name, symbol, sign, or other distinguishing mark or device under which recognized brands of liquid fuels, lubricating oils, greases, and/or other similar products are generally marketed.

"GA1979.1.987">

(e) No person shall mix, blend, or compound the liquid fuels, lubricating oils, greases, and/or similar products of a manufacturer or distributor with the products of any other manufacturer or distributor, or adulterate the same, and/or store, sell, expose or offer for sale such mixed, blended, or compounded products under the trademark, trade name, name, symbol, sign, or other distinguishing mark or device of either of said manufacturer or distributor, or as the adulterated products of such manufacturer or distributor. (f) No person shall aid or assist any other person in violating any of the provisions of this Section by depositing or delivering into any container, receptacle, tank, pump, or other distributing device, any liquid fuels, lubricating oils, greases and/or other similar products, other than those intended to be stored therein, as indicated by the name of the manufacturer or distributor, or the trademark, trade name, name, symbol, sign or other distinguishing mark or device of the product displayed on said container, receptacle, tank, pump or other distributing device, used in connection therewith, or shall by any other means aid or assist another in the violation of any of the provisions of this Section. (g) Nothing in this Section shall prevent the lawful owner thereof from applying his or its own trademark, trade name, name, symbol, sign or other distinguishing mark or device to any product or material. 73-223. Violation of 73-222 a Misdemeanor; `Person' Defined. (a) Any person or association of persons, firm or corporation who shall violate any of the provisions of Section 73-222 for preventing deception, substitution and misbranding of liquid fuels, oils, grease, and similar products, shall upon conviction thereof be punished as for a misdemeanor. (b) The term `person' as used in this Section shall mean and include natural persons, and partnerships, firms, associations, joint stock companies, syndicates and corporations, and also any receiver, trustee, conservator, or other officer appointed by any State or Federal court, also counties, municipalities, and/or other political subdivisions of this State, singular or plural, and shall include the State of Georgia; the use of the singular number shall include the plural number; and if any partnership, firm, association, joint stock company, syndicate, or corporation violates any of the

"GA1979.1.988">

provisions of this Section, every director, officer, agent, employee, or member participating in, aiding or authorizing the act, or acts constituting the violation of this Section shall be guilty of violating the same, and shall be subject to the punishment as provided herein. Section 8. The following Acts are hereby repealed in their entirety: An Act approved March 31, 1937 (Ga. Laws 1937, p. 477), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 391), by an Act approved March 25, 1958 (Ga. Laws 1958, p. 618), and by an Act approved March 9, 1959 (Ga. Laws 1959, p. 128). Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. SHERIFFS' FEES. Code Section 24-2823 Amended. No. 559 (House Bill No. 244). AN ACT To amend Code Section 24-2823, relating to sheriff's fees, as amended, so as to change certain fees of the sheriffs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code Section 24-2823, relating to sheriff's fees, as amended, is hereby amended by striking therefrom the following: Civil Cases Serving copy of process and returning original, per copy $ 10.00 Suit from another county, to be paid in advance 10.00 Summoning each witness 3.00 Each levy or fieri facias 10.00 Search and return of nulla bona 7.50 Serving summons of garnishment, or rule against garnishee 7.50 If more than one, for each additional copy 3.00 Commissions on sales of property, on sums of $50 or less, 7 percent. On excess above $50 up to $550, 5 percent. For all sums exceeding $550, on excess, 2 percent. No commissions shall be charged unless property is actually sold. Making out and executing titles to land 10.00 If presented by purchaser 7.50 Executing bill of sale to personal property, when demanded by purchaser 7.50 Forthcoming bonds 7.50 Serving process against tenant over, or intruder upon land to dispossess them 7.50 For dispossessing tenant or intruder 10.00 Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 7.50 Settling each execution in his hands, settled without sale 7.50 Settling execution from justice's court 7.50 Levying an attachment 10.00 Following property out of county with attachment, for every mile going and returning .20 Attending superior or city courts, per day 15.00 Probate Courts, per day 10.00 At elections as required by law, each day 15.00 Collecting tax fi fa's $100 or less, each 2.50 Collecting tax fi fa's over $100, each 5.00.,

"GA1979.1.990">

and inserting in lieu thereof the following: Civil Cases Serving copy of process and returning original, per copy $15.00 In the event that there is multiple service at the same location there shall be only one $15.00 charge for such service of process. Suit from another county, to be paid in advance 15.00 Summoning each witness 4.50 Each levy or fieri facias 15.00 Search and return of nulla bona 10.00 Serving summons of garnishment, or rule against garnishee 10.00 If more than one, for each additional copy 4.50 Commissions on sales of property, on sums of $50 or less, 7 percent. On excess above $50 up to $550, 5 percent. For all sums exceeding $550, on excess, 2 percent. No commissions shall be charged unless property is actually sold. Making out and executing titles to land 15.00 If presented by purchaser 10.00 Executing bill of sale to personal property, when demanded by purchaser 10.00 Forthcoming bonds 10.00 Serving process against tenant over, or intruder upon land to dispossess them 10.00 For dispossessing tenant or intruder 15.00 Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 10.00 Settling each execution in his hands, settled without sale 10.00 Settling execution from justice's court 10.00 Levying an attachment 15.00 Following property out of county with attachment, for every mile going and returning .20 Attending superior or city courts, per day 20.00 Probate courts, per day 15.00 At elections as required by law, each day 20.00 Collecting tax fi fa's $100 or less, each 4.00 Collecting tax fi fa's over $100, each 7.50.

"GA1979.1.992">

Section 2. Said Code Section is further amended by striking therefrom the following: Criminal Cases Removing prisoner when habeas corpus is sought for his relief $10.00 Removing prisoners under habeas corpus when no mileage is paid, per day 10.00 Attending persons taken by warrant to judge's chamber, for each time 3.00 Conducting prisoner before judge or court to and from jail 3.00 Executing and returning any warrant 10.00 Serving any warrant 10.00 Summoning each witness 3.00 Taking bonds in criminal cases 7.50 Executing a warrant of escape 7.50 Services in every criminal case before a judge or a judge and jury 7.50.,

"GA1979.1.993">

and inserting in lieu thereof the following: Criminal Cases Removing prisoner when habeas corpus is sought for his relief $15.00 Removing prisoners under habeas corpus when no mileage is paid, per day 15.00 Attending persons taken by warrant to judge's chamber, for each time 4.50 Conducting prisoner before judge or court to and from jail 4.50 Executing and returning any warrant 15.00 Serving any warrant 15.00 Summoning each witness 4.50 Taking bonds in criminal cases 10.00 Executing a warrant of escape 10.00 Services in every criminal case before a judge or a judge and jury 10.00., Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.994">

SHERIFFS' RETIREMENT FUND OF GEORGIA ACT AMENDED. No. 560 (House Bill No. 246). 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), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1291), and an Act approved April 3, 1978 (Ga. Laws 1978, p. 1690), 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. 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

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(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), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1291), and an Act approved April 3, 1978 (Ga. Laws 1978, p. 1690), is hereby amended by striking from subsection (a) of Section 18, wherever the same appears, the following: $70.00, and inserting in lieu thereof the following: $100.00, and by striking from said subsection the following: $17.50, and inserting in lieu thereof the following: $25.00, and by striking from said subsection the following: $437.50, and inserting in lieu thereof the following: $625.00, so that when so amended, subsection (a) of Section 18 shall read as follows: (a) Option 1 shall be known as a single-life annuity and shall provide retirement benefits in a monthly payment level for the life of the member only. Any member of the retirement fund, who, upon being approved for retirement benefits and having selected Option 1 and shall have no more than four (4) years of service credited to him under the provisions of this law, shall be paid a monthly retirement of $100.00 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 $100.00,

"GA1979.1.996">

plus $25.00 per month for each additional year of service so credited to him, however, not in any case to exceed a maximum monthly sum of $625.00, such maximum monthly sum to be paid only in the event a member shall have a minimum of 25 years or more of creditable service credited to him under the provisions of this law. Section 2. Said Act is further amended by striking 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, 1979: 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, 1979. For those members or persons eligible to receive retirement benefits from and after May 1, 1979, 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, 1979. 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 in benefits according to their years of creditable service shall be paid to such members and persons from and after May 1, 1979. Section 3. This Act shall become effective on May 1, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.997">

FRANKLIN D. ROOSEVELT WARM SPRINGS POOLS AND SPRINGS SITE COMMISSION. No. 561 (House Bill No. 249). AN ACT To create the Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission to serve as an agency to develop and maintain the thermal springs area to memorialize Franklin D. Roosevelt and the history of the springs at Warm Springs, Georgia; to provide for its membership, their appointment, and terms of office; to specify their duties, powers, and authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The purpose of this Act is to create a Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission to develop and maintain the thermal springs area to memorialize Franklin D. Roosevelt and the history of the springs at Warm Springs, Georgia. (b) The springs of Warm Springs, Georgia, which, for many years, have attracted scores of visitors because of the beauty and tranquility that this natural geological phenomena offers, are now in a state of disrepair and should be salvaged before irreparable damage is done to this historic site. In addition to the scenic and rehabilitative attributes of the springs, the area has a historic background which should be preserved. The contributions of Franklin D. Roosevelt who purchased the springs and founded a hospital which emphasized hydrotherapy for the handicapped and the support of 50,000 Georgians who raised the money to build the corner-stone of the foundation are just part of the majestic history of this site. The National Foundation for Infantile Paralysis, now the National Foundation (March of Dimes), which harnessed the disease of polio with the discovery of the Salk vaccine and which gave the

"GA1979.1.998">

springs, the land, and the buildings back to Georgians in 1974, is a vital part of this history. It was from here that Franklin D. Roosevelt implemented many programs that shaped the history of our nation, including the birth of the Rural Electrification Program which brought electricity to the countryside of America. The State of Georgia now owns and operates the Roosevelt Warm Springs Rehabilitation Center, 900 acres of land including the original spring site, and the treatment pools designed by Franklin D. Roosevelt. Moreover, after the former Georgia Governor who accepted such lands for the State became President of the United States, Georgia had the distinct honor of having two presidential homes marked on a presidential route which includes Warm Springs and Plains. Therefore, since the springs will be visted by many more people in the years ahead, it is especially important that this site be appropriately preserved. Section 2. There is hereby created the Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission which shall be a State agency assigned to the Department of Natural Resources for administrative purposes only. The Commission shall consist of nine members appointed by the Governor. The original appointments shall be made in such manner that the terms of three members shall expire June 30, 1980; the terms of three members shall expire June 30, 1982; and the terms of three members shall expire June 30, 1984. Their successors shall be appointed by the Governor for terms of five years each from the date of expiration of their respective terms of office, except that any person appointed to the Commission to fill a unexpired term shall serve only for the unexpired term. Any member of the Commission shall be eligible to succeed himself. Immediately after such appointment, the members of the Commission shall enter upon their duties. The Commission shall elect one of its members as chairman and another as vice chairman. The Commission shall also elect a secretary and treasurer who may not necessarily be a member of the Commission. A majority of the members of the Commission shall constitute a quorum. The members of the Commission 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. The Commission shall make necessary rules, regulations, and bylaws for its own government. The Commission may delegate to one or more of its members or to its officers, agents, and employees such powers and duties as it may deem proper.

"GA1979.1.999">

Section 3. It shall be the duty of the Commission, as soon as it can organize, to develop plans for the restoration, administration, and maintenance of the thermal springs area adjacent to Warm Springs, Georgia, including, but not limited to, the restoration and preservation of the historic site known as the Franklin D. Roosevelt pools. The Commission shall take whatever steps are deemed necessary to revitalize and develop these thermal springs and the adjoining area so that they may once again be used by the people of Georgia and these United States. The Commission shall meet at least annually at such place and time as shall be selected by its members. Section 4. The Commission shall have the following powers: (a) To have a seal and to alter the same at its pleasure. (b) To acquire, hold, and dispose of personal property for accomplishing the purposes of the Commission. (c) To accept donations, gifts, grants, appropriations, and subsidies from any source and use the same in purchasing and improving such property as the Commission may deem necessary to effectuate the aims and purposes of the Commission. (d) To employ special talent, advertise, and provide such recreational facilities as it may deem necessary and advisable. (e) To provide for admission to such thermal springs and adjacent area. (f) To provide revenue for restoration, improvement, and maintenance by charging an admission or in such other manner as may be appropriate; provided that all income derived shall be for the purposes for which this Commission is created. (g) To acquire by donation or purchase real property, easements thereon, or franchises necessary or convenient for the purposes herein specified. Any such acquisition shall be on such terms and conditions as may be proper in accordance with and subject to any provisions of the laws of the State of Georgia.

"GA1979.1.1000">

(h) To lease, make contracts with respect to the use of, or to dispose of, any property in any manner the Commission deems to be in the best interest of the purposes for which the Commission is created. (i) To appoint and select officers, agents, and employees and to fix their compensation. (j) To make and execute all instruments necessary or convenient to accomplish the purposes for which the Commission is created. (k) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage self-liquidating projects or concessions to be located on property owned by the Commission or the State of Georgia. (l) To accept loans or grants of money, material, or property from the United States or any agency or instrumentality thereof and the State of Georgia or its political subdivisions upon such conditions as such may impose. (m) To authorize the Commission to fix fees, rentals, and other charges for the use of the facilities and services furnished by the Commission, to charge and collect the same, and to lease and make contracts with any person with respect to the use of any facility or part thereof. (n) The Commission shall upon the vote of the majority of its membership have authority to provide for honorary sub-committee of citizens to serve on this Commission in an advisory capacity only. (o) To do all things necessary or convenient to carry out the purposes and powers expressed in this Act. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

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EDUCATIONGRANTS LOCAL PUBLIC SCHOOL SYSTEMS. No. 562 (House Bill No. 95). AN ACT To provide, from State appropriations, funds as grants to local public school systems for educational purposes; to provide for the allocation of funds to each school system; to provide procedures; to require certain tax bills to contain specified information; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The purpose of this Act is to provide funds to local public school systems to aid in the furtherance of the educational purposes of the local public school systems and of the State as a whole. It is the further purpose of this Act to provide such funds in an appropriate manner so as to afford local school systems the opportunity and needed encouragement to provide relief to local school taxpayers from the unfair burden of school taxes. It is the consensus of the General Assembly that, by affording such relief, local school property taxpayers will be given the incentive to wholeheartedly support a renewed commitment to the growth and quality of the public schools, and their worthy educational programs, in this State. Section 2. Grants Authorized. There may be allotted annually to each local public school system in the State for educational purposes, in addition to funds provided pursuant to other laws, certain grants, as provided in this Act. Section 3. (a) In any year in which the General Assembly shall provide through a Required Local Effort Credit Appropriation for Education by line item appropriation, and with reference to this Act, funds for grants to the school systems of this State, such grants

"GA1979.1.1002">

shall be allotted to each school system pro rata according to the ratio which the average daily attendance of the particular system bears to the average daily attendance of the entire public school system of the State. (b) For the purposes of this Act, the term average daily attendance shall mean the number of pupils in average daily attendance in grades from kindergarten through twelve, including special education students, for the first four months of the school year immediately preceding that calendar year in which the grant is made available. For the initial year in which a grant shall be made pursuant to the provisions of this Act, average daily attendance shall mean the number of pupils in average daily attendance in grades one through twelve, including special education students, for the first four months of the school year in the immediately preceding calendar year. Section 4. Computation to Be Shown on Tax Bill. (a) No local public school system shall be entitled to receive any of the funds provided for in this Act unless the system directs that a computation be shown on each tax bill for school ad valorem taxes other than motor vehicle and trailer tax bills. (b) The computation provided for in subsection (a) shall show the following: (1) The mill rate which the school system would have been required to levy, or have levied, to fund a budget equal in amount to the actual budget of the system (including funds from the grant program authorized by this Act) if no grant funds were actually received by the system pursuant to this Act for that year. This mill rate shall be labeled Annual Equivalent Mill Rate. (2) As a subtraction from the mill rate determined pursuant to paragraph (1), a mill rate which, if applied against the tangible property in the school district, would produce tax revenue equal to the amount of the grant received in that year by the school district pursuant to this Act. This mill rate shall be labeled State School Tax Credit.

"GA1979.1.1003">

(3) As the remainder of the subtraction provided for in paragraph (2), the mill rate which is actually being levied against the taxpayer's property. This mill rate shall be labeled Actual School Tax Mill Rate. (c) It is the purpose of this Section to provide in a demonstrable fashion to each ad valorem taxpayer of that tangible property provided for in subsection (a) information which will enable the taxpayer to readily ascertain the amount of additional State funds which is being made available to that local school system in which the taxpayer's property is being taxed. Additionally, each such taxpayer by the provisions of this Section will be in the position to be informed as to what purposes the officials in charge of the local school system and its finances have devoted the use of such funds. If a local school system has received funds which have been made available by the General Assembly pursuant to this Act but has not reduced local property taxes levied in behalf of the school system, each taxpayer will be so informed. On the other hand, if the receipt of additional State funds has enabled the local school system to reduce local property taxes by a corresponding sum to that received under this Act, or any fraction thereof, the taxpayer will be so advised. 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 16, 1979.

"GA1979.1.1004">

TEACHERS' RETIREMENT SYSTEMMINIMUM RETIREMENT BENEFITS, ETC. No. 563 (House Bill No. 251). 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), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1139), and by an Act approved March 2, 1978 (Ga. Laws 1978, p. 237), so as to change the provisions relating to minimum retirement benefits for previously retired persons; to provide that this Act shall become effective when funds are appropriated by the General Assembly to carry out its provisions; 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), an Act approved March 28, 1974 (Ga. Laws 1974, p. 1139), and by an Act approved March 2, 1978 (Ga. Laws 1978, p. 237), is hereby amended by striking from paragraph (e) of subsection (2) of Section 5 the following: $9.00, and inserting in lieu thereof the following: $10.00, so that when so amended said paragraph (e) shall read as follows: (e) In the case of the retirement of any member, the allowance to be received by such member shall not be less than $10.00 per month for each year of service not to exceed forty years of service.

"GA1979.1.1005">

Section 2. Said Act is further amended by inserting immediately preceding the period appearing at the end of the last sentence of paragraph (f) of subsection (2) of Section 5 the following: , but the amount of the monthly retirement allowance paid to such retired public school teachers by the Teachers' Retirement System shall be increased as necessary to reflect increases in the minimum retirement allowance provided by paragraph (e) of this subsection, so that when so amended the last sentence of paragraph (f) of subsection (2) of Section 5 shall read as follows: The amount of monthly retirement allowances paid to such retired public school teachers 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, but the amount of the monthly retirement allowance paid to such retired public school teachers by the Teachers' Retirement System shall be increased as necessary to reflect increases in the minimum retirement allowance provided by paragraph (e) of this subsection. Section 3. This Act shall become effective when funds are appropriated by the General Assembly to carry out the provisions of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

"GA1979.1.1006">

RESOURCE RECOVERY DEVELOPMENT AUTHORITIESPOWERS. Code Section 69-1507a Amended. No. 564 (House Bill No. 255). AN ACT To amend Code Section 69-1507a, relating to powers of Resource Recovery Development Authorities, so as to prohibit an Authority from bidding or paying compensation for solid wastes being privately processed or reused; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 69-1507a, relating to powers of Resource Recovery Development Authorities, is hereby amended by adding a new subsection (o) at the end thereof, to read as follows: (o) Notwithstanding any other provisions of this Chapter, an Authority is prohibited from bidding or paying compensation for solid wastes being privately processed or reused. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979.

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TEACHERS' RETIREMENT SYSTEM OF GEORGIAMEMBERSHIP. No. 565 (House Bill No. 265). 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 change certain provisions relative to reestablishment of membership service and the repayment of withdrawn contributions; to provide for the reestablishment of previous credits; to change the provisions relating to creditable service; to change certain time limits; 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 striking from the first paragraph of subsection (4) of Section 3 of said Act the following: after five years' active service as a contributing member, and inserting in lieu thereof the following: after three years' active service as a contributing member, so that when so amended the first paragraph of subsection (4) of Section 3 of said Act shall read as follows: The membership of any member shall terminate if he dies, retires under this retirement system or withdraws his contributions, or if in a period of five consecutive years after becoming a member, he renders less than one year of service, or if after he becomes a member he is employed by an employer operating a local retirement fund unless he has 10 or more years of creditable service with this retirement system and elects to continue his membership with this retirement system as provided in this subsection. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than four years but not more than

"GA1979.1.1008">

five years, such member may be reinstated to membership if he shall pay a sum equal to 12 1/2 percent of his salary for his last year of service prior to the break in service. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than five years but not more than six years, such member may be reinstated to membership if he shall pay a sum equal to 25 percent of his salary for his last year of service prior to the break in service. All interest credits shall cease after any such break in service, but shall begin again on the date of the payment of the sum provided above. Any member having withdrawn his contributions not more than twice after January 1, 1961, may, after three years' active service as a contributing member, reestablish such membership service as represented by the withdrawn contributions upon his payment back into the fund, a sum equal to the amount withdrawn plus applicable accrued regular interest for each year or portion thereof from the time withdrawn. Notwithstanding the foregoing, the Board of Trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved by the Board of Trustees, or if he would cease to be a member by reason of illness preventing him from rendering the service otherwise required by this subsection. The Board of Trustees may also grant an additional year of leave to a teacher for each child born to or adopted by said teacher while on authorized leave. Section 2. Said Act is further amended by striking from the first paragraph of subsection (5) of Section 4 of said Act, the following: after five years membership service, and inserting in lieu thereof the following: after three years' membership service, so that when so amended the first paragraph of subsection (5) of Section 4 of said Act shall read as follows: Any provision of this Act to the contrary notwithstanding, any teacher in this State shall be entitled to have all teaching service included in computing creditable services notwithstanding breaks in membership of more than four (4) years, provided that such teacher shall have paid into the system an amount equal to the minimum

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required for continuous members plus any interest that would have accrued on contributions of such member to the system during periods of nonmembership. No such member shall receive credit for teaching service where contributions were not made during the teaching service or that have not been contributed with interest that would have accrued on such contributions, before the credit for service is given. Provided, however, that after three years' membership service a member may reestablish previous credits by paying into the retirement system, prior to retirement, total contributions equal to 10 percent (plus accumulated regular interest thereon) of such compensation as the teacher received during those years for which the member desires to establish previous credit. Section 3. Said Act is further amended by striking from subsection (5B) of Section 4 of said Act, the following: after having at least five years' service, and inserting in lieu thereof the following: after having at least three years' service, so that when so amended subsection (5B) of Section 4 of said Act shall read as follows: (5B) Any current member who was previously a member of the Employees' Retirement System and who withdrew his contributions from the Employees' Retirement System not more than twice after January 1, 1961, may establish the service under the Employees' Retirement System as creditable service under this system, after having at least three years' service as a contributing member of this system: Provided, such member pays into this system an amount equal to the minimum employee contributions required for continuous members of this system for all such service under the Employees' Retirement System plus any interest that would have accrued on such amount from the date of the withdrawal of contributions from the Employees' Retirement System to the date of payment as provided herein. The Employees' Retirement System shall pay to this system the employer contributions paid to the Employees' Retirement System, plus accrued interest thereon, for any member establishing creditable service, as provided herein, upon receipt of notice from this system.

"GA1979.1.1010">

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. GEORGIA MUNICIPAL ELECTION CODE AMENDEDHOURS OF OPENING AND CLOSING POLLS IN CERTAIN MUNICIPALITIES (300,000 OR MORE) Code Section 34A-1204 Amended. No. 566 (House Bill No. 269). AN ACT To amend Georgia Code Section 34A-1204, relating to the time for opening and closing polls of municipal elections, as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 769), so as to change the provision relative to the time of closing polls in elections of certain cities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Georgia Code Section 34A-1204, relating to the time for opening and closing polls of municipal elections, as amended by an Act approved April 18, 1975 (Ga. Laws 1975, p. 769), is hereby amended by inserting in the proviso appearing at the end of said Code Section between the word and comma time, and the word at the following: only during the cities' general elections, so that when so amended, said Code Section shall read as follows: 34A-1204. Time for opening and closing polls. At all primaries and elections the polls shall be opened at seven o'clock A.M. local time and shall remain open continuously until seven o'clock P.M. local time, at which time they shall be closed; provided, however, that in all cities having a population of 300,000 or more

"GA1979.1.1011">

according to the United States Decennial Census of 1970 or any future such census, the polls shall remain open continuously until eight o'clock P.M. local time, only during the cities' general elections, at which time they shall be closed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. THE RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT AMENDED. No. 567 (House Bill No. 276). AN ACT To amend an Act known as The Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. Laws 1967, p. 659), as amended, so as to provide a statute of 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. An Act known as The Retail Installment and Home Solicitation Sales Act, approved April 18, 1967 (Ga. Laws 1967, p. 659), as amended, is hereby amended by adding immediately following Section 12 of said Act, a new Section 12A, which shall read as follows: Section 12A. Statute of Limitations. (a) No action shall be brought under this Act more than four years after the person bringing such action knew or should have known of the occurrence of the alleged violation.

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(b) The period of time specified by this Section shall only apply to violations of this Act which occur after July 1, 1979. Section 2 . This Act shall become effective July 1, 1979. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1979. GUARDIAN AND WARDAPPOINTMENT OF GUARDIANS. Code Section 49-604 Amended. No. 568 (House Bill No. 287). AN ACT To amend Code Section 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estates, as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 472), so as to change the provisions relating to appointment of certain guardians; to provide that the Director of the Department of Family and Children Services of the county of the residence of such person or the county where such person is being cared for, or his duly appointed delegatee, may take the oath of guardianship before the Judge of the Probate Court of Fulton County or before the judge of the probate court making the appointment of guardianship; to provide for the appointment of the county attorney as guardian in certain cases; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Code Section 49-604, relating to the procedure for the appointment of guardians for persons who are mentally ill, mentally retarded or mentally incompetent to the extent that they are incapable of managing their estates, as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 472), is hereby amended by striking paragraph (3) of subsection (d) in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) If the probate court finds that the person is mentally ill, mentally retarded or mentally incompetent to the extent that he is incapable of managing his estate, a guardian shall be appointed. If no other person is available to be guardian of the person of the ward, the judge of the probate court may appoint the Director of the Department of Family and Children Services of the county of the residence of such person or the county where such person is being cared for as a guardian of the person. The Director of the county Department of Family and Children Services may delegate his duties as guardian of mentally ill, mentally retarded or mentally incompetent persons to responsible employees of the Department. The Director of the county Department of Family and Children Services, or his duly appointed delegatee, is hereby authorized to take the oath of guardianship before the Judge of the Probate Court of Fulton County or before the judge of the probate court making the appointment of guardianship. In those cases where, in the opinion of the probate judge, it would not be appropriate for the Director of the county Department of Family and Children Services to serve as guardian of the person, a guardian of the person may be appointed as provided by Section 49-109 of The Georgia Code Annotated. 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 13, 1979.

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GEORGIA ADMINISTRATIVE PROCEDURE ACT AMENDED. No. 569 (House Bill No. 288). AN ACT To amend an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, so as to change the provisions relating to irrelevant, immaterial, or unduly repetitious evidence; to allow the exercise of discretion in determining the appropriateness of considering certain evidence which might be otherwise inadmissible; to provide for procedures and effective dates with respect to emergency rules; to provide 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, is hereby amended by adding to subsection (a) of Section 16, immediately following the word affairs, the following language: , or if it consists of a report of medical and/or psychiatric and/or psychological evaluation of a type routinely submitted to and relied upon by an agency in the normal course of its business, so that when so amended, subsection (a) of Section 16 shall read as follows: (a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not admissible thereunder may be admitted except where precluded by statute if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs, or if it consists of a report of medical and/or psychiatric and/or psychological evaluation of a type routinely submitted to and relied upon by an agency in the normal course of its business.

"GA1979.1.1015">

Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form. Section 2 . Said Act is further amended by striking in its entirety paragraph (2) of subsection (c) of Section 6 and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Any emergency rule adopted pursuant to subsection (b) of Section 4 may become effective immediately upon adoption or within a period of less than thirty (30) days. The emergency rule with a copy of the finding as required by subsection (b) of Section 4 shall be filed with the Office of Secretary of State within four (4) workdays after its adoption. 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 13, 1979. PROPORTIONAL REGISTRATION OF COMMERCIAL VEHICLES. No. 570 (House Bill No. 291). AN ACT To amend an Act approved March 27, 1941 (Ga. Laws 1941, p. 361), as amended, particularly by an Act approved February 4, 1959 (Ga. Laws 1959, p. 25) and an Act approved February 13, 1976 (Ga. Laws 1976, p. 198), so as to authorize the Governor of

"GA1979.1.1016">

the State of Georgia or his designees to enter into agreements or arrangements with the duly authorized representatives of other jurisdictions relating to the proportional registration of commercial vehicles in interstate or combined interstate and intrastate commerce; to provide for rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act approved March 27, 1941 (Ga. Laws 1941, p. 361), as amended, particularly by an Act approved February 4, 1959 (Ga. Laws 1959, p. 25) and an Act approved February 13, 1976 (Ga. Laws 1976, p. 198), is hereby amended by adding at the end of Section 1 a new paragraph to read as follows: The Governor of the State of Georgia or his designees may likewise enter into agreements or arrangements with the duly authorized representatives of other jurisdictions relating to the proportional registration of commercial vehicles in interstate or combined interstate and intrastate commerce. The Governor of the State of Georgia or his designees may adopt and promulgate such rules and regulations as shall be necessary to effectuate and administer the provisions herein contained., so that when so amended, Section 1 shall read as follows: Section 1. The Governor of the State of Georgia, or his designees, is hereby authorized and directed to negotiate and consummate, with the proper authorities of the several states of the United States, the District of Columbia, and the territories and possessions of the United States, valid and binding reciprocal agreements whereby residents of such states, the District of Columbia, and the territories and possessions of the United States, operating motor vehicles, including common and contract motor carrier vehicles, properly licensed and registered in their respective jurisdictions, may have the same or substantially the same privileges or exemptions in the operation of their motor vehicles in this State, as residents of this State may have and enjoy in the operation in such other jurisdictions of their motor vehicles properly licensed and registered in this State. Notwithstanding any provision of law to the contrary, the Governor, or his designees, may likewise negotiate and consummate

"GA1979.1.1017">

valid and binding reciprocal agreements with the proper authorities of said jurisdictions relating to the suspension, revocation, cancellation, and reinstatement of motor vehicle driver's licenses. In the making of such agreements, due regard shall be had for the benefit and convenience of the motor vehicle owners and other citizens of this State. The Governor of the State of Georgia or his designees may likewise enter into agreements or arrangements with the duly authorized representatives of other jurisdictions relating to the proportional registration of commercial vehicles in interstate or combined interstate and intrastate commerce. The Governor of the State of Georgia or his designees may adopt and promulgate such rules and regulations as shall be necessary to effectuate and administer the provisions herein contained. 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 13, 1979. AMBULANCE SERVICESSERVICE BY CARDIAC TECHNICIANS AND ADVANCED EMERGENCY MEDICAL TECHNICIANS. Code Chapter 88-31 Amended. No. 571 (House Bill No. 292). AN ACT To amend Code Chapter 88-31, relating to ambulance services, as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 281), so as to provide for the rendering of certain services by cardiac technicians and advanced emergency medical technicians in hospitals under certain conditions; to provide for legislative

"GA1979.1.1018">

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. Code Chapter 88-31, relating to ambulance services, as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 281), is hereby amended by adding after Code Section 88-3112.10 a new Section, to be designated Code Section 88-3112.11, to read as follows: 88-3112.11. Services in Hospitals. Cardiac technicians and advanced emergency medical technicians may render any service which they are authorized to render under Code Sections 88-3112.4 and 88-3112.5, respectively, as now or hereafter amended, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a licensed professional nurse and may only be rendered in a hospital at the discretion of the hospital governing authority on the order of a physician or, if a physician is present, at the direction of a physician, provided that such hospital has a currently valid permit or conditional permit issued by the Department of Human Resources pursuant to Code Chapter 88-19, as now or hereafter amended. The provisions of this Section are cumulative and are not intended to limit the rendering of services by cardiac technicians and advanced emergency medical technicians in any are in which they are already authorized to render such services. 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 16, 1979.

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CARRYING OF CONCEALED WEAPONS REGULATED. Code Section 26-2907 Amended. No. 572 (House Bill No. 295). AN ACT To amend Code Section 26-2907, relating to exemptions from the provisions of Code Section 26-2901, relating to carrying a concealed weapon; Code Section 26-2902, relating to the carrying of deadly weapons at public gatherings; Code Section 26-2903, relating to carrying pistols without licenses; and Code Section 26-2906, relating to machine guns, as amended, so as to provide an additional exemption in Code Section 26-2907 for those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon and for the Attorney General and those members of his staff whom he specifically authorizes in writing to carry a weapon; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 26-2907, relating to exemptions from the provisions of Code Section 26-2901, relating to carrying a concealed weapon; Code Section 26-2902, relating to the carrying of deadly weapons at public gatherings; Code Section 26-2903, relating to carrying pistols without licenses; and Code Section 26-2906, relating to machine guns, as amended, is hereby amended by adding, following the words and assistant district attorneys, the following: ; (6) those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon; and (7) the Attorney General and those members of his staff whom he specifically authorizes in writing to carry a weapon., so that when so amended Code Section 26-2907 shall read as follows:

"GA1979.1.1020">

26-2907. Exemptions. Sections 26-2901, 26-2902, 26-2903, and 26-2906 shall not apply to or affect any of the following persons while engaged in pursuit of official duty or when authorized by Federal or State law, regulations or order: (1) peace officers; (2) wardens, superintendents, and keepers of prisons, penitentiaries, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) persons in the military service of the State or of the United States; (4) persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (5) district attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys; (6) those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon; and (7) the Attorney General and those members of his staff whom he specifically authorizes in writing to carry a weapon. A prosecution based upon a violation of Sections 26-2901, 26-2902, 26-2903, or 26-2906 need not negative any exemptions. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. STATE BOARD OF PARDONS AND PAROLESEXECUTION OF WARRANTS. No. 573 (House Bill No. 296). AN ACT To amend an Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. Laws 1943, p. 185), as

"GA1979.1.1021">

amended, particularly by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 210), an Act approved March 31, 1965 (Ga. Laws 1965, p. 478), an Act approved March 10, 1970 (Ga. Laws 1970, p. 187), and an Act approved April 18, 1975 (Ga. Laws 1975, p. 786), so as to authorize certain officers to execute the warrant; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. Laws 1943, p. 185), as amended, particularly by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 210), an Act approved March 31, 1965 (Ga. Laws 1965, p. 478), an Act approved March 10, 1970 (Ga. Laws 1970, p. 187), and an Act approved April 18, 1975 (Ga. Laws 1975, p. 786), is hereby amended by striking paragraph (b) of Section 16 in its entirety and inserting in lieu thereof a new paragraph (b) of Section 16 to read as follows: (b) All officers authorized to serve criminal process, all peace officers of this State and all employees of the State Board of Pardons and Paroles whom the Board specifically designates in writing shall be authorized to execute the warrant. 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 16, 1979.

"GA1979.1.1022">

EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA ACT AMENDEDCREDITABLE SERVICE FOR ACCUMULATED SICK AND ANNUAL LEAVE. No. 574 (House Bill No. 298). 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 April 2, 1974 (Ga. Laws 1974, p. 1451), and an Act approved March 5, 1976 (Ga. Laws 1976, p. 393), so as to provide a method of establishing creditable service for members not otherwise entitled to accumulated sick and annual leave; to change the duties of the Board of Trustees; 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 establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved April 2, 1974 (Ga. Laws 1974, p. 1451), and an Act approved March 5, 1976 (Ga. Laws 1976, p. 393), is hereby amended by adding a new paragraph at the end of subsection (1) of Section 4, relating to accumulated days of forfeited annual and sick leave, which new paragraph at the end of subsection (1) of Section 4 shall read as follows: Provided, further, that for the purpose of establishing and constituting creditable service toward retirement under this subsection, the Board of Trustees is hereby authorized and directed to establish uniform rules and regulations which will determine the procedure by which an amount of accumulated days of forfeited annual and sick leave of a member of the Retirement System may be credited to a full-time member employee or official for whom there is not established practice or policy with regard to annual and sick leave accumulations. The uniform rules and regulations established by the Board of Trustees shall provide for the crediting of such accumulated forfeited annual and sick leave to be determined at the rates specified under the rules and regulations of the State Personnel Board governing classified employees.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of law in conflict with this Act are hereby repealed. Approved April 16, 1979. PRACTICE OF MEDICINEPROVISIONAL LICENSES. Code Section 84-927.1 Amended. No. 575 (House Bill No. 312). AN ACT To amend Code Chapter 84-9, relating to medical practitioners, as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 334), so as to change the conditions under which provisional licenses may be issued; to provide for exceptions; to change the conditions under which certain examinations may be retaken; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-9, relating to medical practitioners, as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 334), is hereby amended by striking in its entirety Code Section 84-927.1, which reads as follows: 84-927.1. The board may, in its discretion, issue a provisional license to an applicant who demonstrates to the board that he possesses all the qualifications and meets all requirements necessary to become a licensed practitioner in this State except for having passed any required examination. In such a case, the board may waive the

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examination requirement and grant a provisional license which shall be valid only so long as the applicant shall practice in the geographic locality specified upon such license. The practitioner so licensed shall annually renew his license and in doing so shall furnish such proof as the board may require to indicate that he has practiced in the geographic location specified upon such license. The board shall not issue any such provisional license unless it determines in its discretion that there is an unfulfilled need for such medical services in the locality specified. The board shall have the power to promulgate such rules and regulations as may be necessary to implement the intent of this Code Section., and inserting in lieu thereof a new Code Section 84-927.1, to read as follows: 84-927.1.(a) The board may, in its discretion, issue a provisional license to an applicant who demonstrates to the board that he possesses all the qualifications and meets all requirements necessary to become a licensed practitioner in this State except for having passed any required examination. In such a case, the board may waive the examination requirement and grant a provisional license which shall be valid only so long as the applicant shall practice in the geographic locality specified upon such license. The practitioner so licensed shall annually renew his license and in doing so shall furnish such proof as the board may require to indicate that he has practiced in the geographic location specified upon such license; provided, that any such provisional license shall expire twelve months after its issue and may be renewed for only one additional twelve-month period following such expiration, except that a provisional license issued to a person serving on the effective date of this Section in the position as a District Health Director and as a Director of a County Board of Health shall be annually renewable without such one-time-only renewal limitation as long as such person continues to meet the other requirements specified in this Section and continues to serve in such position. The board shall not issue any such provisional license unless it determines in its discretion that there is an unfulfilled need for such medical services in the locality specified. (b) If a license applicant fails for the third or any subsequent time any examination which is required to be passed in order to become a licensed practitioner in this State, the applicant shall not

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be eligible to retake any such examination until such applicant furnishes proof of having completed one year of appropriate education and training as approved by the board. (c) The board shall have the power to promulgate such rules and regulations as may be necessary to implement the intent of this Code 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 16, 1979. HOUSES OF PROSTITUTION, ABATEMENT OF NUISANCES. Code Sections 72-301, 72-313 Amended. No. 576 (House Bill No. 325). AN ACT To amend Code Chapter 72-3, relating to houses of prostitution, as amended by an Act approved April 14, 1975 (Ga. Laws 1975, p. 402), so as to provide that houses, buildings, structures or places, and the contents thereof, used to committ sodomy or for the solicitation of sodomy shall be a nuisance and may be abated; to provide for an additional remedy for the abatement of the nuisances defined by Code Section 72-301; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . Code Chapter 72-3, relating to houses of prostitution, as amended by an Act approved April 14, 1975 (Ga. Laws 1975, p. 402), is hereby amended by striking Code Section 72-301, relating to certain houses and the contents thereof being declared a nuisance, in its entirety and substituting in lieu thereof a new Code Section 72-301 to read as follows: 72-301. Houses and contents declared a nuisance. Whosoever shall knowingly erect, establish, continue, maintain, use, own or lease any building, structure or place used for the purpose of lewdness, assignation, prostitution, sodomy, the solicitation of sodomy or masturbation for hire shall be guilty of maintaining a nuisance, and the building, structure or place, and the ground itself in or upon which such lewdness, assignation, prostitution, sodomy, the solicitation of sodomy or masturbation for hire shall be conducted, permitted or carried on, continued or shall exist, and the furniture, fixtures, musical instruments and other contents of such building or structure are also declared to be a nuisance and may be enjoined or otherwise abated as hereinafter provided. The conviction of the owner or operator of any such building, structure or place for any of the above stated offenses based on conduct or an act or occurrence in or on the premises of such building, structure or place shall be prima facia evidence of the nuisance and the existence thereof. Section 2 . Said Code Chapter is further amended by adding at the end thereof a new Code Section to be designated Code Section 72-313 and to read as follows: 72-313. Additional remedy provided . In addition to the remedy provided for by Sections 72-302 through 72-312 of this Chapter, State courts and the municipal courts of municipalities having a population of 15,000 or more according to the United States decennial census of 1970 or any future such census, when the nuisance exists within the corporate limits of such municipalities, shall have jurisdiction to hear and determine the question of the existence of the nuisance defined by Section 72-301 of this Chapter, and, if found to exist, to order its abatement, which order shall be directed to and executed by the sheriff or marshal of any such court or his deputy.

"GA1979.1.1027">

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. EXECUTIVE REORGANIZATION ACT OF 1972 AMENDED. No. 577 (House Bill No. 342). AN ACT To amend the Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, so as to transfer certain functions relating to the inventory of real property and requirements relating to the acquisition or disposition of real property to the State Properties Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Executive Reorganization Act of 1972, approved April 6, 1972 (Ga. Laws 1972, p. 1015), as amended, is hereby amended by striking Section 409 of Chapter 4 in its entirety. Section 2 . Said Act is further amended by striking Section 1803 of Chapter 18 in its entirety and inserting in lieu thereof a new Section 1803 to read as follows: Section 1803. Functions Transferred. The functions of the Secretary of State, provided for in Ga. Laws 1970, p. 672 (Ga. Code Ann. Ch. 91-4A), relating to the inventory of real property and requirements relating to the acquisition or disposition of real property, except the function of filing and retaining conveyances and plats, are transferred to the State Properties Commission. Unless inconsistent with this Act, any reference in Georgia laws to the Secretary of State relating to the functions transferred to the State Properties

"GA1979.1.1028">

Commission in this Section means the State Properties Commission. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. STATE PROPERTIES CODE AMENDED. Code Chapter 91-1A Amended. No. 578 (House Bill No. 343). AN ACT To amend Code Section 91-110a. of Code Chapter 91-1A of the Code of Georgia, which Code Chapter is now known as the State Properties Code, approved February 21, 1964 (Ga. Laws 1964, p. 146), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1092), relating to the authority of the State Properties Commission to execute written contracts permitting the exploration of State of Georgia owned lands for indications of mineral resources, so as to authorize and empower the State Properties Commission, acting for and on behalf of and in the name of the State of Georgia, to grant and convey leases to any Person (as this word is defined in Section 91-102a.(i) of Code Chapter 91-1A of the Code of Georgia; Ga. Laws 1975, p. 1095; and used in the State Properties Code) authorizing said Person to dredge portions of the bottom or bank of State of Georgia owned waterways and waters and to appropriate any and all products from such dredging; to provide that the grant and conveyance of such leases shall be subject to certain conditions; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

"GA1979.1.1029">

Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 91-110a. of Code Chapter 91-1A of the Code of Georgia, which Code Chapter is now known as the State Properties Code, approved February 21, 1964 (Ga. Laws 1964, p. 146), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1092), relating to the authority of the State Properties Commission to execute written contracts permitting the exploration of State of Georgia owned lands for indications of mineral resources, is hereby further amended by adding at the end thereof a new subsection to be designated subsection (j) to read as follows: (j) Notwithstanding any other provisions of this Code Section to the contrary, when it is determined to be in the best interest of the State of Georgia, the State Properties Commission, acting for and on behalf of and in the name of the State of Georgia, is further authorized and empowered to grant and convey to any Person a lease which authorizes the said Person to dredge a portion of the bottom or bank of a State of Georgia owned waterway or waters and to appropriate any and all products from such dredging, subject to the following conditions: (1) A written request for a said lease, and a locational, dimensional and directional sketch or a plat of survey of the proposed lease premises, prepared at the sole cost and expense of the Person requesting the lease, in form and content acceptable to and approved by the State Properties Commission, and showing and describing thereon the lease premises of the said lease, must be received by the State Properties Commission detailing therein the reason and all the particulars for said request and outlining the purpose and use to be made of any and all products derived from such dredging. If a sketch is submitted to and is approved and accepted by the State Properties Commission then in such event the provision of Code Section 91-403A.(b)(4) of Code Chapter 91-4A of the Code of Georgia (Ga. Laws 1975, pp. 672, 677) relating to the requirement of the filing with the Secretary of State of a plat of survey with a conveyance disposing of real property shall be relaxed and the Secretary of State in such a transaction shall accept in lieu of said required plat of survey the sketch which was approved and accepted by the State Properties Commission;

"GA1979.1.1030">

(2) The Executive Director of the State Properties Commission shall forward for comment and advice to the State Department of Natural Resources and to the State agency, department, authority, commission (excluding the State Properties Commission), official or board (if other than the State Department of Natural Resources) that has current custody and control of the proposed lease premises the written request and sketch or plat of survey received by the State Properties Commission; (3) The State Properties Commission shall investigate, require compliance with all conditions laid down by the Commission, and determine the form and all of the terms, conditions, provisions and considerations of, incorporations in and attachments to each such lease negotiated, prepared, executed and issued (granted and conveyed) by the State Properties Commission; provided, however, that the term of any such lease shall not exceed a period of time of five (5) years; and provided, further, that any such lease shall contain a provision requiring that any activity undertaken pursuant to such lease be in compliance with the applicable provisions of all State environmental or natural resources laws administered or enforced by the Department of Natural Resources or its successor and with all applicable policies of the Georgia Coastal Management Board or its successor; (4) Both the State Department of Natural Resources and any State agency, department, authority, commission (excluding the State Properties Commission), official or board that has current custody and control of the proposed lease premises must execute the written grant and conveyance of lease, each indicating by said execution that it, he or she has no objection to the granting and conveying of the said lease; and (5) That the form of execution by the State Properties Commission (who is acting for and on behalf of and in the name of the State of Georgia) of each such lease shall be as follows:

"GA1979.1.1031">

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 16, 1979.

"GA1979.1.1032">

GEORGIA SWINE MYCOBACTERIOSIS INDEMNIFICATION ACT. No. 579 (House Bill No. 349). AN ACT To be known as the Georgia Swine Mycobacteriosis Indemnification Act; to provide for a short title; to state the purpose of this Act; to define terms; to authorize the Commissioner of Agriculture to pay indemnities to owners of swine condemned by reason of infection with swine mycobacteriosis; to provide that proof of Georgia origin of such swine shall be a condition of such indemnity; to require persons receiving such indemnity to cooperate with efforts for the control and eradication of swine mycobacteriosis; to provide that such indemnity shall be payment in full for such swine; to provide for rules and regulations; to provide for cooperation with other State and Federal agencies; to provide for scientific research related to swine mycobacteriosis; to provide for the elimination of swine mycobacteriosis from infected farms; to amend an Act prohibiting the feeding of garbage to animals, providing for other measures to control disease in the livestock of this State and authorizing payment of indemnities for livestock destroyed, approved March 4, 1953 (Ga. Laws 1953, p. 480), as amended, particularly by an Act approved March 13, 1957 (Ga. Laws 1957, p. 488), so as to exempt from its limits the indemnity paid under 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 may be cited as the Georgia Swine Mycobacteriosis Indemnification Act. Section 2. Purpose. Swine mycobacteriosis poses a serious potential health threat to the people of this State. The swine farmers of this State have experienced and are experiencing serious economic losses due to the condemnation of swine infected with

"GA1979.1.1033">

mycobacteriosis under the laws of this State. It is in the best interest of this State to seek the speedy eradication of swine mycobacteriosis in this State, while ensuring a supply of swine meat products in this State, and to provide for indemnification to those persons having swine condemned because such swine are infected with swine mycobacteriosis. Section 3. Definitions. As used in this Act, unless the context clearly requires otherwise, all terms shall have that meaning ascribed to them in Section 1 of an Act known as the Georgia Meat Inspection Act, approved April 30, 1969 (Ga. Laws 1969, p. 1028), as now or hereafter amended. Section 4. Indemnity Authorized. (a) The Commissioner is authorized to pay to any animal food manufacturer the actual cost paid by such animal food manufacturer for any swine condemned by reason of infection with swine mycobacteriosis. (b) In the event that swine infected with mycobacteriosis are passed after inspection under restriction of cooking, the payment authorized by this Act may equal but shall not exceed 75 percent of the actual cost paid for such swine. Section 5. Proof of Georgia Origin Required. No payment shall be made under this Act unless the party receiving such payment shall first provide such proof as is satisfactory to the Commissioner that the swine for which payment is being made originated from a Georgia farm and that payment to the farmer for such swine has not and shall not be reduced by reason of the condemnation of such swine. Section 6. Cooperation Required. No payment shall be made under this Act unless the person receiving such payment shall first sign, in a form agreeable to the Commissioner, an agreement to comply with the recommendations of the Commissioner for the control and eradication of swine mycobacteriosis. Section 7. Release Required. No payment shall be made under this Act unless the person receiving such payment shall first sign, in a form agreeable to the Commissioner, an agreement that the payment made under this Act is accepted as payment in full for the swine for which such payment is made.

"GA1979.1.1034">

Section 8. Rules and Regulations. The Commissioner is hereby authorized to promulgate, from time to time, such rules and regulations as are necessary to effectuate the purpose of this Act. Section 9. Cooperation. The Georgia Department of Agriculture is authorized and directed to cooperate with and seek the cooperation of all appropriate State and Federal agencies in administering the provisions of this Act. The Commissioner is authorized and directed to take all steps reasonably necessary to ascertain whether any Federal funds are or may become available to carry out the purposes of this Act and in the event that such funds are or become available is authorized and directed to take all reasonable steps necessary to obtain such funds and to accept such funds. Section 10. Research. Scientific research necessary or appropriate to carry out the purposes of this Act shall be carried out under the direction of the Advisory Board to the Georgia School of Veterinary Medicine. Section 11. Elimination at Farm of Origin. The Animal Industry Division of the Georgia Department of Agriculture shall take all steps necessary or appropriate to eliminate swine mycobacteriosis from the farm of origin of swine for which compensation is paid under this Act. Section 12. Indemnity Limits Exception. An Act prohibiting the feeding of garbage to animals, providing for other measures to control disease in the livestock of this State and authorizing payment of indemnities for livestock destroyed, approved March 4, 1953 (Ga. Laws 1953, p. 480), as amended, particularly by an Act approved March 13, 1957 (Ga. Laws 1957, p. 488), is hereby amended by adding at the end of Section 22 the following: Provided, however, that the limits on the amount of payment to be made by the State set out in this Section shall have no application to payments in excess of such limits authorized by law for the purpose of elimination of swine mycobacteriosis. Section 13. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1979.1.1035">

Section 14. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. AGRICULTUREERADICATION AND CONTROL OF DISEASES IN LIVESTOCK. No. 580 (House Bill No. 350). AN ACT To amend an Act providing for the eradication and control of contagious and infectious diseases in livestock in this State, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 480), as amended, so as to provide for the imposition of administrative penalties by the Commissioner of Agriculture for violations thereof; to provide 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 eradication and control of contagious and infectious diseases in livestock in this State, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 480), as amended, is hereby amended by adding, following Section 25, a new Section 25.1, to read as follows: Section 25.1. The Commissioner, in order to enforce the provisions of this Act or of any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hearing, determines that any person has violated any provision of this Act or any quarantines, orders, rules or regulations promulgated thereunder. The initial hearing and any administrative review thereof shall be conducted in accordance with

"GA1979.1.1036">

the procedure for contested cases under the `Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commissioner shall have the right of judicial review thereof in accordance with the `Georgia Administrative Procedure Act.' All penalties recovered by the Commissioner as herein provided shall be paid into the State Treasury. The Commissioner may file in the superior court wherein the person under order resides, or if said person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Department affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in a suit duly heard and determined by said court. The penalty prescribed in this Section shall be concurrent, alternative and cumulative with any and all other civil, criminal or alternative rights, remedies, forfeitures or penalties provided, allowed or available to the Commissioner with respect to any violation of this Act and any quarantines, orders, rules or regulations promulgated pursuant thereto. 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 16, 1979.

"GA1979.1.1037">

GEORGIA MEAT INSPECTION ACT AMENDED. No. 581 (House Bill No. 351). AN ACT To amend an Act known as the Georgia Meat Inspection Act, providing for the inspection and regulation of meat and meat food products in this State, approved April 30, 1969 (Ga. Laws 1969, p. 1028), as amended, so as to provide for the imposition of administrative penalties by the Commissioner of Agriculture for violations thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Georgia Meat Inspection Act, providing for the inspection and regulation of meat and meat food products in this State, approved April 30, 1969 (Ga. Laws 1969, p. 1028), as amended, is hereby amended by adding, following Section 24, a new Section 24.1, to read as follows: Section 24.1. The Commissioner, in order to enforce the provisions of this Act or of any orders, rules and regulations promulgated pursuant thereto, after a hearing, may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hearing, determines that any person has violated any provision of this Act, or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under the `Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commissioner shall have the right of judicial review thereof in accordance with the `Georgia Administrative Procedure Act.' All penalties recovered as herein provided shall be paid into the State Treasury. The Commissioner may file in the superior court wherein the person under order resides, or if said person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, a certified copy of a final order of the Commissioner

"GA1979.1.1038">

unappealed from, or of a final order of the Commissioner 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 has been rendered in a suit duly heard and determined by said court. The penalty prescribed in this Section shall be concurrent, alternative and cumulative with any and all other civil, criminal or alternative rights, remedies, forfeitures or penalties provided, allowed or available to the Commissioner with respect to any violation of this Act and any orders, rules or regulations promulgated pursuant thereto. 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 16, 1979. MOTOR VEHICLE LICENSE FEESTRAILERS. Code Section 91A-5302 Amended. No. 582 (House Bill No. 356). 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, particularly by an Act approved April 10, 1978 (Ga. Laws 1978, p. 2210), so as to provide that no license fee shall be charged for certain farm trailers used for certain purposes; to amend Code Section 91A-5302, relating to annual license fees for operating motor vehicles, so as to incorporate the provisions of this Act into, and continue the provisions of this Act as a part of the new Georgia Public Revenue Code; to provide an effective date; to

"GA1979.1.1039">

provide for automatic 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 relating to motor vehicle licenses, approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), as amended, particularly by an Act approved April 10, 1978 (Ga. Laws 1978, p. 2210), is hereby amended by striking subsection (5) of Section 4 thereof in its entirety and substituting in lieu thereof a new subsection (5), to read as follows: (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, the annual license fee shall be $5.00. Section 2 . Said Act is further amended by striking subsection (6) of Section 4 thereof in its entirety and substituting in lieu thereof a new subsection (6), to read as follows: (6) Farm trailers. (A) For each farm trailer, the maximum fee shall be $5.00. (B) There shall be no fee for trailers: (i) Used exclusively to haul agricultural products from one place on the farm to another, or from one farm or field to another. (ii) With no springs which are being employed in hauling unprocessed farm products to their market destination. (iii) With no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm. Section 3 . Code Section 91A-5302, relating to annual license fees for operating motor vehicles, as amended by that certain Act of the 1979 General Assembly entitled, in part, An Act to revise, modernize, and update certain revenue laws and laws relating to the

"GA1979.1.1040">

raising and expenditure of public revenues in this State, is hereby amended by striking subsection (f) thereof in its entirety and substituting in lieu thereof a new subsection (f), to read as follows: (f) Farm trailers. (1) For each farm trailer including, but not limited to, horse and cattle trailers, the maximum fee shall be $5.00. (2) There shall be no fee for trailers: (A) Used exclusively to haul agricultural products from one place on the farm to another or from one farm or field to another. (B) With no springs which are being employed in hauling unprocessed farm products to their market destination. (C) With no springs which are pulled from a tongue and used primarily to transport fertilizer to the farm. Section 4 . It is the intent of the General Assembly, in the event any provision of this Act conflicts with any provision of that certain Act of the 1979 General Assembly entitled, in part, An Act to revise, modernize, and update certain revenue laws and laws relating to the raising and expenditure of public revenues in this State, that the provisions of this Act shall prevail, but only to the extent of the conflict. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that Section 3 of this Act shall become effective January 1, 1980. Section 6 . Sections 1 and 2 of this Act are hereby repealed effective January 1, 1980. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979.

"GA1979.1.1041">

GEORGIA CIVIL PRACTICE ACT AMENDEDDISCOVERY. No. 583 (House Bill No. 368). AN ACT To amend an Act known as the Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 510), so as to redefine the procedure relating to discovery; to require notice to the adverse party; to provide that the burden of showing good cause on a hearing shall be on the party seeking discovery; to provide 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 Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 510), is hereby amended by striking subsection (c) of Section 34 and by substituting in lieu thereof a new subsection (c), to read as follows: (c) The provisions of this Section shall also be applicable with respect to discovery against persons, firms or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record, or upon notice, the party desiring such discovery may proceed by taking the deposition of such person, firm or corporation on oral examination or upon written questions under the provisions of Sections 30 or 31, as amended. The nonparty or any party may file an objection as provided in paragraph (b) above. If the party desiring such discovery moves for an order under Section 37(a) to compel discovery, he shall make a showing of good cause to support his motion.

"GA1979.1.1042">

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 16, 1979. PUBLIC HEALTH CODE AMENDEDCOURT COSTS, ETC. Code Title 88 Amended. No. 584 (House Bill No. 375). AN ACT To amend Code Title 88, relating to public health, as amended, particularly by Act Number 1359, approved April 4, 1978 (Ga. Laws 1978, p. 1789), Act Number 1360, approved April 4, 1978 (Ga. Laws 1978, p. 1826), and Act Number 1361, approved April 4, 1978 (Ga. Laws 1978, p. 1856), so as to clarify certain provisions relating to court costs, attorneys' fees, and hearing officer expenses in hospitalization and habilitation proceedings for alcohol or drug dependent, mentally ill, and mentally retarded persons; to clarify under what conditions such costs, fees, and expenses are payable by certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 88, relating to public health, as amended, particularly by Act Number 1359, approved April 4, 1978 (Ga. Laws 1978, p. 1789), Act Number 1360, approved April 4, 1978 (Ga. Laws 1978, p. 1826), and Act Number 1361, approved April 4, 1978 (Ga. Laws 1978, p. 1856), is hereby amended by striking in its entirety Code Section 88-407.2, relating to expenses of hearings, and

"GA1979.1.1043">

inserting in lieu thereof a new Code Section 88-407.2, to read as follows: 88-407.2. Expenses of hearings; how paid. (a) Except as herein provided, the expenses of any hearing held under this Chapter by a court or by a hearing examiner, including attorneys' fees authorized by subsection (c) and including hearing officer expenses authorized by subsection (d), 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. Payment by such county of the hearing expenses shall only be required if the person who actually presides over the hearing executes an affidavit, or includes a statement in his final order relating to the hearing, that the assets of the patient, his estate, and any persons legally obligated to support the patient appear to be insufficient to defray such expenses, based upon all relevant information available to the person who actually presides over the hearing. Such affidavit or statement may include the patient's name, address, and age. The cost on appeal to the appropriate court shall be the same as provided for in other appeals from the probate and juvenile courts. (b) The total costs to be paid to the court for a full and fair hearing under this Chapter, except as provided in subsection (e), shall be the sum of $40.00, excluding attorneys' fees and excluding hearing officer expenses authorized by subsection (d). (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. (d) A hearing officer, appointed pursuant to Section 88-401(t)(1) to conduct a hearing, may receive an amount not to exceed $30.00 for each hour spent by the hearing officer in conducting such hearing. In such cases, the $40.00 court cost authorized by

"GA1979.1.1044">

subsection (b) shall also be authorized to defray the cost of clerical help and additional office space and equipment required for the conduct of such hearing. (e) The total costs to be paid to the court of the county in which a full and fair hearing is conducted by a hearing examiner pursuant to Section 88-406.5 shall be $20.00, excluding attorneys' fees authorized by subsection (c). Such court costs shall be to defray the cost of clerical help and any additional office space and equipment required for the conduct of such hearings. Section 2. Said Code Title is further amended by striking in its entirety Code Section 88-507.2, relating to expenses of hearings, and inserting in lieu thereof a new Code Section 88-507.2, to read as follows: 88-507.2. Expenses of hearings; how paid. (a) Except as herein provided, the expenses of any hearing held under this Chapter by a court or by a hearing examiner, including attorneys' fees authorized by subsection (c) and including hearing officer expenses authorized by subsection (d), 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. Payment by such county of the hearing expenses shall only be required if the person who actually presides over the hearing executes an affidavit, or includes a statement in his final order relating to the hearing, that the assets of the patient, his estate, and any persons legally obligated to support the patient appear to be insufficient to defray such expenses, based upon all relevant information available to the person who actually presides over the hearing. Such affidavit or statement may include the patient's name, address, and age. The cost on appeal to the appropriate court shall be the same as provided for in other appeals from the probate and juvenile courts. (b) The total costs to be paid to the court for a full and fair hearing under this Chapter, except as provided in subsection (e), shall be the sum of $40.00, excluding attorneys' fees and excluding hearing officer expenses authorized by subsection (d). (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

"GA1979.1.1045">

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. (d) A hearing officer, appointed pursuant to Section 88-501(r)(1) to conduct a hearing, may receive an amount not to exceed $30.00 for each hour spent by the hearing officer in conducting such hearing. In such cases, the $40.00 court cost authorized by subsection (b) shall also be authorized to defray the cost of clerical help and additional office space and equipment required for the conduct of such hearings. (e) The total costs to be paid to the court of the county in which a full and fair hearing is conducted by a hearing examiner pursuant to Section 88-506.5 shall be $20.00, excluding attorneys' fees authorized by subsection (c). Such court costs shall be to defray the cost of clerical help and any additional office space and equipment required for the conduct of such hearings. Section 3. Said Code Title is further amended by striking in its entirety Code Section 88-2509.2, relating to expenses of hearings, and inserting in lieu thereof a new Code Section 88-2509.2, to read as follows: 88-2509.2. Expenses of hearings; how paid. (a) Except as herein provided, the expenses of any hearing held under this Chapter by a court or by a hearing examiner, including attorneys' fees authorized by subsection (c) and including hearing officer expenses authorized by subsection (d), 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. Payment by such county of the hearing expenses shall only be required if the person who actually presides over the hearing executes an affidavit, or includes a statement in his final order relating to the hearing, that the assets of the client, his estate, and any persons legally obligated to support the client, appear to be insufficient to defray such expenses, based upon all relevant information available

"GA1979.1.1046">

to the person who actually presides over the hearing. Such affidavit or statement may include the client's name, address, and age. The cost on appeal to the appropriate court shall be the same as provided for in other appeals from the probate and juvenile courts. (b) The total costs to be paid to the court for a hearing provided for under this Chapter, except as provided in subsection (e), shall be the sum of $40.00, excluding attorneys' fees and excluding hearing officer expenses authorized by subsection (d). (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. (d) A hearing officer, appointed pursuant to Section 88-2502(n)(1) to conduct a hearing, may receive an amount not to exceed $30.00 for each hour spent by the hearing officer in conducting such hearing. In such cases, the $40.00 court cost authorized by subsection (b) shall also be authorized to defray the cost of clerical help and additional office space and equipment required for the conduct of such hearings. (e) The total costs to be paid to the court of the county in which a full and fair hearing is conducted by a hearing examiner pursuant to Section 88-2507 shall be $20.00, excluding attorneys' fees authorized by subsection (c). Such court costs shall be to defray the cost of clerical help and any additional office space and equipment required for the conduct of such hearings. 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 16, 1979.

"GA1979.1.1047">

CRIMINAL PROCEDUREVOIR DIRE QUESTIONS. Code Section 59-806 Amended. No. 585 (House Bill No. 378). AN ACT To amend Code Section 59-806, relating to questions on voir dire on trial for felony, as amended, so as to change certain questions regarding opinions as to guilt or innocence; 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 59-806, relating to questions on voir dire on trial for felony, as amended, is hereby amended by striking from the first sentence of subsection (1) the following: from having seen the crime committed, or having heard any of the testimony delivered on oath, and inserting in lieu thereof the following: for any reason,, and by striking from the first sentence of subsection (1) the following: prisoner at the bar, and inserting in lieu thereof the following:

"GA1979.1.1048">

accused, so that when so amended said subsection (1) shall read as follows: (1) `Have you, for any reason, formed and expressed any opinion in regard to the guilt or innocence of the accused?' If the juror shall answer in the negative, the following question shall be propounded to him:. 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 16, 1979. JURIESOATH OF JURY ON VOIR DIRE. Code Section 59-704.1 Enacted. No. 586 (House Bill No. 379). AN ACT To amend Code Chapter 59-7, relating to traverse juries in general, as amended, so as to make mandatory administering an oath to jurors to compel jurors to give a truthful answer to questions asked during the voir dire of all cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 59-7, relating to traverse juries in general, as amended, is hereby amended by adding after Code Section 59-704 and before Code Section 59-705, a new Code Section, to be known as Code Section 59-704.1, to read as follows:

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59-704.1. Oath of jury for voir dire. Each panel, prior to commencing voir dire, shall take the following oath: `You shall give true answers to all questions as may be asked by the court or its authority, including all questions asked by the parties or their attorneys, concerning your qualifications as jurors in the case of..... (herein state the case). So help you God.' This oath shall be administered by the trial judge. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. THE DRIVER'S LICENSING ACT AMENDEDDRIVING WHILE LICENSE SUSPENDED OR REVOKED, ETC. Code Title 68B Amended. No. 587 (House Bill No. 381). AN ACT To amend Code Title 68B, known as The Driver's Licensing Act, as amended, so as to change the provisions relating to driving while a license is suspended or revoked; to change the provisions relating to suspension of operating privilege for failure to respond to citation; 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 striking subsection (b) of Code Section 68B-402, which reads as follows:

"GA1979.1.1050">

The Department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while the license of such person was suspended shall extend the period of such suspension for an additional like period if the prior suspension was imposed under section 68B-307 of this Title and if the suspension was imposed under any other provision of this Title the Department may impose an additional suspension for a period of not more than one year from the date the person would otherwise have been eligible to be licensed., in its entirety and inserting in lieu thereof a new subsection (b) of Code Section 68B-402 to read as follows: (b) The Department upon receiving a record of the conviction of any person under this Section upon a charge of driving a vehicle while the license of such person was suspended or revoked shall extend the period of suspension or revocation for an additional year if the prior suspension or revocation was imposed under Section 68B-305 or 68B-307 of this Title, if the prior suspension was imposed under any other provision of this Title, or any other provision of Georgia law, the Department shall extend the period of suspension for an additional six months. The additional periods of suspension or revocation provided for in this Section shall begin on the date the license is surrendered to the Department or a court of competent jurisdiction, or the conviction date of the offense, whichever date is later. Section 2. Said Code Title is further amended by striking Code Section 68B-316 in its entirety and inserting in lieu thereof a new Code Section 68B-316 to read as follows: 68B-316. Suspension of operating privilege for failure to respond to citation. (a) Notwithstanding any other provisions of this Code Title or any other Georgia law to the contrary, the Department shall suspend the driver's license or privilege to operate a motor vehicle in this State of any person who has failed to respond to a citation to appear before a court of competent jurisdiction of this State or of any other state for a traffic violation other than a parking violation. The Department shall forthwith notify such person that his license is to be suspended subject to review as provided for in this Code Title.

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(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 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 16, 1979. ACCORD AND SATISFACTION OF DEBT DEFINED. Code Section 20-1204 Amended. No. 588 (House Bill No. 385). AN ACT To amend Code Section 20-1204, relating to accord and satisfaction, so as to provide that acceptance by a creditor of a check, draft, or money order marked payment in full or with language of

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equivalent condition, in an amount less than the total indebtedness, shall not constitute an accord and satisfaction except under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 20-1204, relating to accord and satisfaction, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 20-1204, to read as follows: 20-1204. Less than amount of debt is not satisfaction.(a) Except as otherwise provided in this Section, an agreement by a creditor to receive less than the amount of his debt cannot be pleaded as an accord and satisfaction, unless it be actually executed by the payment of the money, or the giving of additional security, or the substitution of another debtor, or some other new consideration. (b) Acceptance by a creditor of a check, draft, or money order marked `payment in full' or with language of equivalent condition, in an amount less than the total indebtedness, shall not constitute an accord and satisfaction unless: (1) A bona fide dispute or controversy exists as to the amount due; or (2) Such payment is made pursuant to an independent agreement between the creditor and debtor that such payment shall satisfy the debt. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979.

"GA1979.1.1053">

ELECTIONS IN CERTAIN COUNTIES (250,000-500,000). Code Section 87-201 Amended. No. 589 (House Bill No. 410). AN ACT To amend Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalities or divisions on the issuance of bonds, as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1007), which provided additional requirements for counties of this State having a population of not less than 250,000 and not more than 500,000 according to the United States decennial census of 1960 or any future such census, as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1091), so as to change the provisions relating to such additional requirements for such counties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 87-201, relating to the manner in which elections shall be held by counties, municipalties or divisions on the issuance of bonds, as amended, particularly by an Act approved April 8, 1968 (Ga. Laws 1968, p. 1007), which provided additional requirements for counties of this State having a population of not less than 250,000 and not more than 500,000 according to the United States decennial census of 1960 or any future such census, as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 1091), is hereby amended by adding a new paragraph immediately following the first paragraph added by said 1968 amendatory Act as amended by said 1976 Act to read as follows: With respect to a sanitation bond issue, approved during 1970, the limitations of the foregoing paragraph shall not apply to that portion of said bond issue designated for the construction or improvement of incinerator facilities, and, subject to the requirements hereinafter provided, such portion of said bond issue may be expended as capital outlay for the construction or improvement of

"GA1979.1.1054">

alternate sanitation facilities or equipment serving substantially the same sanitation purpose. It is specifically provided, however, that in the event the governing authority of any such county makes a determination during calendar year 1979 that sanitation services could be provided more effectively and economically by contract with a private person, firm or corporation, then such governing authority shall not be authorized to expend such funds for the construction or improvement of sanitation facilities or equipment as hereinabove provided. For the purpose of allowing such governing authority sufficient time to make such determination, funds may not be expended pursuant to the authority hereinabove granted prior to January 1, 1980. Prior to the expenditure of funds pursuant to the foregoing authority, the governing body of any such county shall hold a public hearing on the question of using said portion of said bond issue for the construction or improvement of said alternate sanitation facilities or equipment. The governing body of any such county shall cause the date, time, place and purpose of such public hearing to be advertised in a newspaper of general circulation within such county once each week for two consecutive weeks immediately preceding the week during which the public hearing is held. Said governing body shall also send a press release to other news media serving such county giving the date, time, place and purpose of such public hearing. Such press release shall be sent to such news media at least five but not more than ten days prior to the date of such public hearing. In the event the governing authority of any such county makes a determination that the funds provided for herein should not be expended as capital outlay for the construction or improvement of alternate sanitation facilities or equipment as hereinabove provided, such governing authority may use such funds for the payment of all or any part of the principal and interest of any bonded indebtedness of such county then outstanding. 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 16, 1979.

"GA1979.1.1055">

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDSCHOOL BUS DRIVERS. No. 590 (House Bill No. 412). 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 minimum salary for school bus drivers; 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 from subsection (b) of Section 25 the following: $200, and inserting in lieu thereof the following: $250, so that when so amended subsection (b) of Section 25 shall read as follows: (b) The State Board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses, regardless of type of ownership, which shall be not less than $250 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. County, area school, or independent systems shall not pay to any bus driver in its employment a salary less than that prescribed by the uniform minimum salary schedule, but shall have

"GA1979.1.1056">

the authority to supplement the salary of a bus driver employed by the county, area school, or independent system. The expense of purchasing, maintaining and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subsection (a) of this Section. This Section shall not apply to student or teacher drivers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. CONSUMERS' UTILITY COUNSELCOMPENSATION, ETC. No. 591 (House Bill No. 419). AN ACT To amend an Act creating the Consumers' Utility Counsel, approved March 16, 1977 (Ga. Laws 1977, p. 537), so as to provide for definitions; to provide for attachment of the Consumers' Utility Counsel to the Office of Planning and Budget; to change the method of appointment and method of setting the compensation of the Consumers' Utility Counsel; to change the termination date provided for in the 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 creating the Consumers' Utility Counsel, approved March 16, 1977 (Ga. Laws 1977, p. 537), is hereby amended by striking in its entirety subsection (a) of Section 2 and by

"GA1979.1.1057">

striking from the second sentence of subsection (b) of Section 2 the word or, where it appears after the words fewer employees, and inserting in lieu thereof the word and, and by renumbering subsection (b) of Section 2 to read as subsection (a) of Section 2, and by adding two new subsections, to read as follows: (b) `Commission' shall mean the Georgia Public Service Commission, the Commissioners, and the staff of the Commission. (c) `Counsel' shall mean the Consumers' Utility Counsel under this Act., so that when so amended Section 2 shall read as follows: Section 2. As used in this Act: (a) `Consumer' means an individual who is a personal, non-commercial user of the product or service of a public utility which is under the jurisdiction of the Georgia Public Service Commission. `Consumer' shall also mean and include any sole proprietorship, partnership, or corporation which is a commercial user of the product or service of a public utility which is under the jurisdiction of the Georgia Public Service Commission and which has 10 or fewer employees and a net income after taxes of $100,000 per annum or less for federal income tax purposes. (b) `Commission' shall mean the Georgia Public Service Commission, the Commissioners, and the staff of the Commission. (c) `Counsel' shall mean the Consumers' Utility Counsel under this Act. Section 2. Said Act is further amended by striking subsection (a) of Section 3 thereof in its entirety and substituting in lieu thereof a new subsection (a), to read as follows: (a) There is hereby created the position of Consumers' Utility Counsel which shall be attached for administrative purposes only, as that term is defined in Section 3 of the Executive Reorganization Act of 1972, to the Office of Planning and Budget. The Consumers' Utility Counsel shall be appointed by the Governor and shall serve at his pleasure. The Consumers' Utility Counsel shall be a practicing

"GA1979.1.1058">

attorney qualified by knowledge and experience to practice in public utility proceedings. The Consumers' Utility Counsel shall receive compensation in an amount to be determined by the Governor, but not to exceed that provided or authorized by law for the District Attorney for the Atlanta Judicial Circuit. In addition to such compensation, the Consumers' Utility Counsel shall also receive reimbursement for his reasonable and necessary expenses incurred in the performance of his duties, as provided by law for State employees. No person employed as Consumers' Utility Counsel shall engage in the private practice of law while employed as Consumers' Utility Counsel. The actions of the Consumers' Utility Counsel shall be reviewed annually by the appropriate committees of the House and Senate. Section 3. Said Act is further amended by striking from subsection (b) of Section 4 the following: , under a franchise, certificate of public convenience and necessity, or similar instrument issued by such agency or body, and by inserting in said subsection after the words with respect to, the words public utility, so that when so amended subsection (b) of Section 4 shall read as follows: (b) The Consumers' Utility Counsel may also appear in the same representative capacity in similar administrative proceedings affecting the consumers of this State before any federal administrative agency or body which has regulatory jurisdiction over rates, services, and similar matters with respect to public utility services provided by any person, firm, or corporation. Section 4. Said Act is further amended by striking from Section 9 thereof the following: 1979, and substituting in lieu thereof the following: 1980, so that when so amended Section 9 shall read as follows:

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Section 9. This Act shall become effective on July 1, 1977, and shall be automatically repealed on July 1, 1980. 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 16, 1979. GEORGIA RADIATION CONTROL ACT AMENDED. Code Chapter 88-13 Amended. No. 592 (House Bill No. 420). AN ACT To amend Code Chapter 88-13, known as the Georgia Radiation Control Act, as amended, so as to provide the authority for the adoption and promulgation of rules or regulations establishing a bonding requirement for licensees by the Department of Human Resources under Code Section 88-1306; to provide the authority for the adoption and promulgation of rules or regulations establishing a bonding requirement for permittees of the Director of the Division of Environmental Protection of the Department of Natural Resources, under Code Section 88-1306A; to provide a penalty for improperly abandoning a site or facility under Code Section 88-1306 or Code Section 88-1306A; to provide an exemption for the State or any agency 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:

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Section 1. Code Chapter 88-13, known as the Georgia Radiation Control Act, as amended, is hereby amended by adding to Code Section 88-1306, a new subsection (1), to read as follows: (1) The Department may require the posting of a bond not to exceed $5,000,000 by an existing general or specific licensee by amendment to an existing license or by a person making application for a new general or specific license to assure the availability of funds to the State in the event of abandonment, insolvency, or other inability of a licensee to meet the requirements of the Department to assure the safe collection and disposition of sources of ionizing radiation in the event of an accident, discontinuance of operation, or any circumstance which results in a potential radiation hazard at a site occupied by the licensee or formerly under its possession, ownership, or control. The Department is authorized to establish, by rule or regulation, the bonding requirements by classes of licensees and by range of monetary amounts, not to exceed $5,000,000. In establishing such requirements, the Department shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of sources of radiation used by the licensee, the costs of reclamation of the property in the event of abandonment, insolvency, or other inability of the licensee to perform such services to the satisfaction of the Department. (1) The Department shall have authority upon finding that conditions under this Section have not been met or when it determines that an imminent hazard to the public health and welfare exists to require forfeiture of the bond and use the money therefrom to take any action deemed necessary to protect the public health and welfare. (2) A licensee who abandons a site or facility without taking the required actions to meet the requirements of the Department shall be guilty of a misdemeanor. (3) Any bonding or financial protection requirements established by the Department pursuant to this Section shall not apply to the State or any agency of the State. Section 2. Said Code Chapter is further amended by adding to the end of Code Section 88-1306A, a new paragraph, to read as follows:

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The Director, in specifying the conditions under which a site or facility for the concentration, storage, or burial of radioactive waste shall be permitted to operate, shall have the power and authority to adopt, modify, repeal, and promulgate rules and regulations under the procedures specified in the first paragraph of this Code Section 88-1306A, and may require the posting of a bond by the proposed permittee or operator, payable to the State, as a condition of any permit to assure the availability of funds to the State in the event of abandonment, insolvency, or other inability of a permittee to meet the requirements of the Division of Environmental Protection of the Department of Natural Resources to assure the safe collection and disposition of sources of ionizing radiation in the event of an accident, discontinuance of operation, or any circumstance which results in a potential radiation hazard at a site or facility for the concentration, storage, or burial of radioactive waste occupied by the permittee or formerly under its possession, ownership, or control. The Division of Environmental Protection of the Department of Natural Resources is authorized to establish, by rule or regulation, the bonding requirements of permittees and by range of monetary amounts. In establishing such requirements, the Director of the Division of Environmental Protection shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of sources of radiation used by the permittee, and the costs of reclamation of the property in the event of abandonment, insolvency, or other inability of the permittee to perform such services to the satisfaction of the Director. The Director shall have authority upon finding that conditions under this Section have not been met, or when he determines that an imminent hazard to the public health and welfare exists, to require forfeiture of bond and use the money therefrom to take any action deemed necessary to protect the public health and welfare. A permittee who abandons a site or facility without taking the required actions to meet the requirements of the Director of the Division of Environmental Protection of the Department of Natural Resources shall be guilty of a misdemeanor. Any bonding or financial protection requirements established by the Director pursuant to this Section shall not apply to the State, or any agency of the State, or to the storage of spent fuel possessed under 10CFR Part 50 or Part 70 generated at an electric generating utilization facility and which is stored at such utilization facility in facilities licensed under 10CFR Part 50 or at another such in-state utilization facility in facilities licensed under 10CFR Part 50.

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Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. DEPARTMENT OF COMMUNITY AFFAIRSOFFICE OF HOUSING. No. 593 (House Bill No. 429). AN ACT To amend an Act creating within the Department of Community Affairs a State Office of Housing Section, approved March 24, 1976 (Ga. Laws 1976, p. 651), as amended, so as to authorize the State Office of Housing Section to apply for, receive and administer federal funds under any federal housing program; to prohibit the Department of Community Affairs from taking certain actions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating within the Department of Community Affairs a State Office of Housing Section, approved March 24, 1976 (Ga. Laws 1976, p. 651), as amended, is hereby amended by adding at the end of subsection (b) of Section 1 a new paragraph (6) to read as follows: (6) to apply for, receive and administer federal funds under any federal housing program for which the State is an eligible applicant and, in the administration of such funds, to enter into such contracts as it deems necessary and to expend such State funds as

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the General Assembly may appropriate for such purposes; provided, however, that the Department shall not establish a State Housing Authority nor operate any municipal, county, or joint municipal county housing authority. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. DEPARTMENT OF COMMUNITY AFFAIRSMEMBERS OF BOARD OF COMMUNITY AFFAIRS, ETC. No. 594 (House Bill No. 430). AN ACT To amend an Act establishing the Department of Community Affairs, approved March 16, 1977 (Ga. Laws 1977, p. 381), so as to provide for permanent composition criteria for the Board of Community Affairs; to provide for reappointment procedures; to provide for procedures for filling vacancies on the Board; to define conditions under which vacancies can occur; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the Department of Community Affairs, approved March 16, 1977 (Ga. Laws 1977, p. 381), is hereby amended by striking in its entirety subsection (a) of Section 2 and substituting a new subsection (a) to read as follows:

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(a) Said Board shall consist of nine members appointed by the Governor, Three members shall be duly elected officials of municipalities of Georgia; three members shall be duly elected county commissioners (or officials fulfilling that function in counties where no county commission exists) of counties in Georgia; and three members shall be appointed from the populace at large. Section 2 . Said Act is further amended by adding at the end of Section 2 three new subsections to be designated subsections (g), (h) and (i) and to read as follows: (g) Board members may be reappointed by the Governor to additional terms provided that such reappointment does not alter the composition of the Board as provided for in subsection (a) of this Section. Should the Governor decide to not reappoint any Board member upon the expiration of such member's term, the following procedure shall apply: (1) if said member was a duly elected municipal official, the Governor shall request a list of three nominees from the Georgia Municipal Association from which he shall select one; (2) if said member was a duly elected county commissioner, the Governor shall request a list of three nominees from the Association County Commissioners of Georgia, from which he shall select one; and (3) if said member was appointed from the populace at large, the Governor shall appoint from the populace at large. (h) When a vacancy shall occur on the Board, the Governor within sixty days shall appoint a person to fill such a vacancy. The procedure for filling a vacancy shall be the same as prescribed in subsection (g) of this Section. (i) The following shall constitute a vacancy on the Board: (1) Inability to serve due to death, medical infirmity, or resignation; (2) Any change in local elective office-holding status that would cause the composition of the Board to violate the provisions of subsection (a) of this Section.

"GA1979.1.1065">

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. GEORGIA PROFESSIONAL STANDARDS ACT AMENDEDMEMBERS OF COMMISSION, ETC. No. 595 (House Bill No. 450). AN ACT To amend an Act known as the Georgia Professional Standards Act, approved March 25, 1976 (Ga. Laws 1976, p. 966), as amended by an Act approved March 24, 1977 (Ga. Laws 1977, p. 999), so as to change the provisions relative to membership and qualifications; to change the provisions relative to expenses of the Commission; to change the provisions relative to administrative assistance; to change the expiration date of 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 Professional Standards Act, approved March 25, 1976 (Ga. Laws 1976, p. 966), as amended by an Act approved March 24, 1977 (Ga. Laws 1977, p. 999), is hereby amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. Professional Standards Commission. There is hereby created a Professional Standards Commission, an advisory body to the State Board of Education, consisting of twenty members to be appointed by the Governor, subject to the provisions of Section 4 of this Act. The term of office of members of the Commission shall be three years; except the initial appointments shall be: seven

"GA1979.1.1066">

for one year, seven for two years, and six for three years. A member may be reappointed to the Commission only one time. Vacancies shall be filled for an unexpired term in the same manner as the original appointments. If a member for any reason discontinues employment in the category from which he or she was appointed that person is no longer eligible to serve on the Commission as a representative of that category. If a member elects to take employment outside the State of Georgia, that person is no longer eligible to serve on the Commission. The Governor may remove any member from the Commission for misconduct or malfeasance in office, incapacity or neglect of duty. All members of the Commission are to be confirmed by the Senate. Section 2 . Said Act is further amended by striking subsection (b) of Section 4 in its entirety and substituting in lieu thereof a new subsection (b) of said Section 4 to read as follows: (b) Appointments shall be made by the Governor from panels of at least three nominees for each position submitted by professional educator organizations and other education organizations selected by the Governor, except that the State Superintendent of Schools shall appoint the representative from the Georgia Department of Education. Such organizations will certify that panels include only representatives of the category of professional personnel for which the panel or panels of nominees are submitted. Section 3 . Said Act is further amended by striking from Section 7 the following: $36, and inserting in lieu thereof $44, so that when so amended Section 7 shall read as follows: Section 7. Expenses. Members of the Commission shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of official Commission business, but such expenses shall not exceed $44 per day and mileage at the same rate as State officials and employees. It is specifically provided, however, that no member of the Commission, with the exception of members of the Executive Committee of said Commission, shall be reimbursed from any public

"GA1979.1.1067">

funds for such expenses for more than 15 days during each calendar year. A member of the Commission who is an employee of an agency of the State, or any of its political subdivisions, including school systems, shall be permitted to attend Commission meetings and perform other Commission duties without loss of income or other benefits. An agency of Georgia, or any of its political subdivisions, including school systems, which employs a member of the Commission and employs a person to replace such member during his performance of Commission duties, or incurs other additional expenses as a result of such performance, shall be reimbursed for the actual amount of any costs so incurred. Section 4 . Said Act is further amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows: Section 8. Administrative Assistance. The Commission shall have the authority to employ an administrative assistant who shall serve as the executive officer to the Commission and a person to provide clerical and secretarial assistance to the Commission and to the administrative assistant. Such administrative assistant shall be compensated in an amount fixed by the Commission. Effective July 1, 1979, which shall be the `commencement date' for such employee, said administrative assistant and any other employee of the Commission shall be a member of the Employees' Retirement System of Georgia. Any employee of the Commission already a member of said Retirement System on said date shall continue such membership. Any person employed by the Commission on or after said date shall become a member of said Retirement System within 30 days after the date of his employment. All employer contributions to said Retirement System and for social security for said employees shall be paid from funds appropriated for the operation of the Commission. The employees of the Commission shall not be subject to the State Merit System of personnel administration. Personnel of the State Department of Education may be utilized by the Commission subject to the approval of the State Superintendent of Schools. Section 5 . Said Act is further amended by striking Section 13 in its entirety and substituting in lieu thereof a new Section 13 to read as follows:

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Section 13. Expiration Date. This Act shall stand repealed in its entirety on June 30, 1982. 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 16, 1979. CRIMESFALSE STATEMENTS. Code Section 26-2408 Amended. No. 596 (House Bill No. 460). AN ACT To amend Code Section 26-2408, relating to false statements, so as to provide for application of the Section to certain statements concerning matters within the jurisdiction of certain local governments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 26-2408, relating to false statements, is hereby amended by inserting after the words State government, the following: , or of the government of any county, city, or other political subdivision of this State,,

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so that when so amended Code Section 26-2408 shall read as follows: 26-2408. False Statements. A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes a false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of State government, or of the government of any county, city, or other political subdivision of this State, shall be punished by a fine of not more than $1,000 or by imprisonment for not less than one nor more than five years, or both. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITY ACT AMENDEDPROJECT DEFINED. No. 597 (House Bill No. 471). AN ACT To amend an Act known as the Private Colleges and Universities Facilities Authority Act, approved April 4, 1978 (Ga. Laws 1978, pp. 1765, et seq.), so as to provide that the definition of the word Project shall also include certain medical and hospital facilities; 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:

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Section 1. An Act known as the Private Colleges and Universities Facilities Authority Act, approved April 4, 1978 (Ga. Laws 1978, pp. 1765, et seq.), is hereby amended by adding the following new sentence at the end of subsection (b) of Section 3, relating to definitions: `Project' shall also mean any one or more buildings or structures owned, leased, or operated by an institution for higher education, including, without limitation, hospitals; clinics; extended-care facilities; emergency-care facilities; out-patient facilities; alcohol and drug detoxification facilities; training facilities for nurses, interns, physicians, dentists, or other staff members; housing for nurses, residents and interns; medical and dental office facilities; and other structures or facilities related thereto or required or useful for such purposes, whether proposed, under construction or completed, including parking and other facilities or structures essential or convenient for such purposes 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 uses are intended but shall not include any items, the cost of which are customarily deemed to result in a current operation charge. 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 16, 1979.

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DISPOSITION OF STATE OWNED SURPLUS PROPERTY. No. 598 (House Bill No. 477). AN ACT To amend an Act providing procedures under which surplus State-owned property shall be disposed of, approved April 8, 1968 (Ga. Laws 1968, p. 1148), as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 838), so as to authorize the sale of surplus property to certain private health and educational agencies or institutions and to public corporations; to provide procedures and requirements relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing procedures under which surplus State-owned property shall be disposed of, approved April 8, 1968 (Ga. Laws 1968, p. 1148), as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 838), is hereby amended by adding a new Section between Sections 2A and 3 to be designated Section 2B and to read as follows: Section 2B. (a) As used in this Section: (1) `private health or educational institution' means any private nonprofit tax-exempt person, firm or corporation providing health or educational services within the State of Georgia. (2) `public corporation' means any public authority or other public corporation created by or pursuant to Georgia law. (b) In addition to any other authority provided by this Act, the Department of Administrative Services shall be authorized to dispose of surplus property, including surplus property subject to the provisions of subsection I of Code Section 40-1902, by the transfer

"GA1979.1.1072">

of such property to any private health or educational institution or public corporation through a negotiated sale if the Department determines that such sale would be in the best interests of the State, and, under the circumstances, the negotiated sales price would constitute a reasonable consideration for such property. (c) When any surplus property is sold to a private health or educational institution or to a public corporation pursuant to subsection (b) of this Section, such sale shall be subject to the following conditions: (1) Such property shall not be resold by the purchaser within one year after the sale without the written consent of the Department of Administrative Services, and (2) The Department of Administrative Services shall have the right and obligation to supervise the resale of such property at public outcry to the highest responsible bidder if such resale is within one year after the sale, and if the resale price exceeds the original negotiated sales price, the amount of such excess shall be paid to the Department of Administrative Services. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. DEPARTMENT OF PUBLIC SAFETYCLOTHING ALLOWANCES. No. 599 (House 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 April 24, 1975 (Ga. Laws 1975, p.

"GA1979.1.1073">

1175), so as to provide that the Commissioner of the Department of Public Safety may, subject to available funds, pay to members of the Georgia State Patrol a clothing allowance when such members are permanently assigned to personal security or special duty assignments which necessitate those members wearing clothing other than the uniform of the Georgia State Patrol; to make technical changes relating to changes in the names of certain departments and officials; to provide 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 April 24, 1975 (Ga. Laws 1975, p. 1175), is hereby amended by striking Section 9 of Article II in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Section 9. (a) The Commissioner of Public Safety shall, within the limit of the appropriation, provide the members of the Uniform Division of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first aid outfits, weapons, horses, horse equipment, motor vehicles with radio equipment, if such be available, and all other necessary supplies and equipment for the purpose of carrying out the provisions of this Act, the same to remain the property of the State of Georgia; provided, however, that after a member has accumulated 25 years of service in the Uniform Division of the Department of Public Safety, upon leaving the division under honorable conditions such member shall be entitled as part of his compensation to retain his weapon and badge pursuant to regulations promulgated by the Commissioner. (b) The uniforms, supplies and equipment authorized herein shall be purchased by the Department of Administrative Services with the consent and approval of the Department of Public Safety, by bid let to the lowest and best bidder, in accordance with specifications named in the advertisement of bid. The advertisement of the letting of such contracts shall be published in some public journal of the State, published daily, and having a statewide circulation, in at least two issues, for not less than fifteen days before the time

"GA1979.1.1074">

such bids are opened. The Department of Administrative Services shall have the right to reject any and all bids. (c) The Commissioner of Public Safety shall provide a storeroom or rooms where all excess supplies of clothing, equipment and other articles shall be stored and shall insure the same against loss by fire. (d) All old and worn equipment must be delivered to the custodian or custodians of such storeroom or rooms, who need not be a member of the Uniform Division of the Georgia State Patrol and not subject to age limit, to be properly receipted for before new equipment shall be issued. (e) The Commissioner may, subject to available funds, pay to members of the Georgia State Patrol a clothing allowance when such members are permanently assigned to personal security or special duty assignments which necessitate those members wearing clothing other than the uniform of the Georgia State Patrol, provided that such clothing allowance shall not exceed four hundred eighty dollars ($480.00) per year per man. 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 16, 1979.

"GA1979.1.1075">

GEORGIA PUBLIC REVENUE CODE AMENDEDNONPROFIT BINGO GAMES. No. 600 (House Bill No. 505). AN ACT To amend 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, approved March 6, 1978 (Ga. Laws 1978, p. 309), so as to remove a provision providing for repeal of a certain law relating to the regulation and licensing of the operation of non-profit bingo games; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to amend 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, approved March 6, 1978 (Ga. Laws 1978, p. 309), is hereby amended by striking in its entirety paragraph (25) of subsection (b) of Section 3 thereof, relating to repeal of specific laws, which reads as follows: (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). 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 16, 1979.

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INSURANCE PREMIUM FINANCE COMPANY ACT AMENDEDMAXIMUM SERVICE CHARGES. No. 601 (House Bill No. 508). AN ACT To amend the Insurance Premium Finance Company Act, approved April 23, 1969 (Ga. Laws 1969, p. 561), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 567), so as to change the maximum service charge permitted to be charged by a premium finance company; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Insurance Premium Finance Company Act, approved April 23, 1969 (Ga. Laws 1969, p. 561), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 567), is hereby amended by striking from the third paragraph of Section 10 thereof the following: $7.00 per $100.00, and inserting in lieu thereof the following: $9.50 per $100.00, so that when so amended, Section 10 shall read as follows: Section 10. Maximum service charge. A premium finance company shall not charge, contract for, receive, or collect a service charge other than as permitted by this Act. The service charge shall be computed on the balance of the premiums due (after subtracting the down payment made by the insured in accordance with the premium finance agreement) from the effective date of the insurance coverage, for which the premiums are being advanced, to and including the date when the final payment of the premium finance agreement is payable.

"GA1979.1.1077">

The service charge shall be a maximum of $9.50 per $100.00 per annum plus an additional charge, which shall not exceed $12.00 per premium finance agreement, which additional charge need not be refunded upon prepayment. However, any insured may prepay his premium finance agreement in full at any time before due date of the final payment and in such event the unearned service charge shall be refunded in accordance with the Rule of 78 and shall represent at least as great a proportion of the service charge, if any, as the sum of the periodic balances after the month in which prepayment is made bears to the sum of all periodic balances under the schedule of payments in the agreement. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDSCHOOL PSYCHOLOGISTS AND PSYCHOMETRISTS. No. 602 (House Bill No. 509). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 28, 1974 (Ga. Laws 1974, p. 1045), as amended, so as to provide for partial allocations to local units of administration of school psychologists and psychometrists; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . An Act known as the Adequate Program for Education in Georgia Act, approved March 28, 1974 (Ga. Laws 1974, p. 1045), as amended, is hereby amended by adding at the end of Section 20 a new subsection (e) to read as follows: (e) The State Board of Education shall establish policies, procedures and regulations to provide for partial allocations to local units of administration of school psychologists and school psychometrists. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. GEORGIA PUBLIC REVENUE CODEINTEGRATED TAX ADMINISTRATION. Code Section 91A-245 Amended. No. 603 (House Bill No. 512). AN ACT To amend an Act making comprehensive provision for an integrated tax administration for Georgia, approved January 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 77), as amended, particularly by an Act approved March 25, 1975 (Ga. Laws 1975, pp. 156, 159-61), so as to authorize the State Revenue Commissioner and the Department of Revenue to set off refunds of taxes against taxes owed the State; to amend Code Section 91A-245, relating to refunds of taxes, so as to incorporate the provisions of this Act into, and continue the provisions of this Act as a part of, the new Georgia Public Revenue Code; to provide an effective date; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

"GA1979.1.1079">

Be it enacted by the General Assembly of Georgia: Section 1 . An Act to make comprehensive provision for an integrated tax administration for Georgia, approved January 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 77), as amended, particularly by an Act approved March 25, 1975 (Ga. Laws 1975, pp. 156, 159-61), is hereby amended by adding a new paragraph, to be designated paragraph (c), at the end of Section 34, relating to refunds of taxes, to read as follows: (c) Setoffs. In the event any taxpayer's claim for refund is approved by the State Revenue Commissioner and the taxpayer has not paid other State taxes which have become due, the Commissioner may set off any such taxes owed the State against the refund or any portion thereof. When the Commissioner or State Revenue Department exercises the setoff authorized herein, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off against the refund. Any excess refund remaining after the setoff has been applied by the Commissioner as authorized herein shall be refunded to the taxpayer. Section 2 . Code Section 91A-245, relating to refunds of taxes, is hereby amended by adding at the end of said Code Section a new subsection, to be designated subsection (c), to read as follows: (c) In the event any taxpayer's claim for refund is approved by the Commissioner or his delegate and the taxpayer has not paid other State taxes which have become due, the Commissioner or Department may set off the unpaid taxes against the refund. When the setoff authorized in this subsection is exercised, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess refund remaining after the setoff has been applied shall be refunded to the taxpayer. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except that Section 2 of this Act shall become effective January 1, 1980.

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Section 4 . Section 1 of this Act is hereby repealed effective January 1, 1980. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. GEORGIA ELECTION CODE AMENDEDLISTS OF ELECTORS. Code Section 34-623 Amended. No. 604 (House Bill 516). AN ACT To amend Code Title 34, the Georgia Election Code, as amended, so as to require registrars to certify the number of electors by race in each election district in their county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code Title 34, the Georgia Election Code, as amended, is hereby amended by striking Code Section 34-623, concerning certified lists of electors, as amended, in its entirety and inserting in lieu thereof a new Code Section 34-623, to read as follows: 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 prerequisite 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

"GA1979.1.1081">

list accompanied by their certification of the number of electors by race in each election district in their county. 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 and shall include address and zip code, 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 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. DEPARTMENT OF LABORSUPPLEMENTAL APPROPRIATION. No. 605 (House Bill No. 518). AN ACT To provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Sections 9 and 13 of the Employment Security Law, as amended, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of the Employment Security Law, as amended, including personal services, operating

"GA1979.1.1082">

and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies and the construction of buildings or parts of buildings, suitable for use in this State by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the construction, maintenance, improvements or repair of, or alterations to, such real or personal property; to authorize the Commissioner of Labor of Georgia to direct the obligation and expenditure of said funds and to employ workers, contract with persons, public and private agencies, corporations and other entities, and to do all other things necessary to accomplish the purposes of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby appropriated to the Department of Labor out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to and in accordance with Section 903 of the Social Security Act, as amended, an additional amount of $737,000.00. That of said additional amount, the sum of $737,000.00 is authorized to be allocated for expenses incurred in the administration of the Employment Security Law, as amended, including personal services, operating and other expenses incurred in the administration of said law, as well as for the purchase or rental, either or both, of improvements, repairs or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies and the construction of buildings or parts of buildings, suitable for use in this State by the Employment Security Agency in said Department of Labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs or alterations of and to such real or personal property. Provided, that the amount appropriated herein does not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in Section 9 of

"GA1979.1.1083">

the Employment Security Law, as amended; and provided that the amount which may be obligated shall not exceed the limitations provided in Section 9(c)(3) of the Employment Security Law, as amended; and provided that said additional funds shall not be obligated for expenditure, as herein provided, after the close of the two-year period which begins on the date of enactment of this Act. Section 2. The Commissioner of Labor is authorized, pursuant to and in accordance with Section 903 of the Social Security Act, as amended, to requisition, and to direct the obligation and expenditure, for use in such locations in this State as he finds to be economical and desirable, such money as authorized in this Act and in Sections 9 and 13 of the Employment Security Law, as amended, and in the manner and for the purposes authorized in this Act, including personal services, operating and other expenses incurred in the administration of said law, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings, suitable for use by the Employment Security Agency in said Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of, or alterations, to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts herein appropriated, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property, and the expenditure of any funds appropriated herein, shall be in accordance with this State's applicable laws existing on the effective date of this Act. Section 3. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979.

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DISCOVERY RIGHTS OF GEORGIA PUBLIC SERVICE COMMISSION. Code Chapter 93-5 Amended. No. 606 (House Bill No. 536). AN ACT To amend Code Chapter 93-5, relating to hearings before the Georgia Public Service Commission, as amended, so as to provide that the Georgia Public Service Commission, as well as its employees and agents as directed by the commission, may take depositions and obtain discovery; to provide procedures for obtaining discovery; to provide sanctions; 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 93-5, relating to hearings before the Georgia Public Service Commission, as amended, is hereby amended by striking Code Section 93-508, relating to the deposition of witnesses, in its entirety and inserting in lieu thereof a new Code Section 93-508, to read as follows: 93-508. Discovery rights of the Georgia Public Service Commission. In any case pending before the commission, the Public Service Commission, in addition to its now existing authority to do so, is hereby authorized to issue an order permitting the taking of depositions and otherwise obtaining discovery by the commission's employees and agents of any matter, not privileged, which is relevant to the subject matter involved in any investigation, proceeding, or petition before the Public Service Commission in the same manner prescribed by law for discovery in civil actions in the superior

"GA1979.1.1085">

courts of this State. The Georgia Public Service Commission, as well as its agents and employees as directed by the commission, is hereby authorized to petition the Superior Court of Fulton County, and the judges and clerks thereof are hereby authorized to issue all orders, injunctions, subpoenas, and to take all actions necessary to carry out the provisions of this Code Section which would otherwise be authorized or necessary under Ga. Code Title 81A, the Georgia Civil Practice Act. In addition to the sanctions which may be imposed under Code Section 81A-137, the Superior Court of Fulton County is herewith further authorized to extend the period of suspension of the operation of any new schedules and defer the use of such rates, charges, classifications, or service, beyond the time now authorized by Code Section 93-307.1 if the court, upon application of the Public Service Commission, determines that the failure of any regulated utility to comply with a discovery request of the Public Service Commission, its agents, or employees as directed by the commission is unreasonable and requires such extension. No such extension of the period of suspension shall be considered by the court unless the utility has failed completely to respond to a valid deposition or discovery request. Any application or petition made by the Public Service Commission, its agents, or employees as directed by the commission, pursuant to this Code Section shall be heard within twenty days of the filing of the application or petition, irrespective of whether any response to the application or petition has previously been made, and shall be disposed of promptly. 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 16, 1979.

"GA1979.1.1086">

STATE DEPARTMENT OF TRANSPORTATIONOUTDOOR ADVERTISING SIGNS. Code Chapter 95A-9 Amended. No. 607 (House Bill No. 541). AN ACT To amend Code Chapter 95A-9, relating to the regulation of public roads, as amended, so as to provide for additional legislative intent; to provide for directional signs, displays and devices about goods and services and the retention thereof; to provide for definitions; to provide for exceptions to the limitations on outdoor advertising; to provide for designation of defined areas; to authorize the State Department of Transportation to perform certain duties in relation to the retention of directional signs, displays and devices about goods and services; to provide for practices and procedures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 95A-9, relating to the regulation of public roads, as amended, is hereby amended by adding to the end of Code Section 95A-913, the following: The General Assembly further declares it to be the policy of this State to avert substantial economic hardship by the retention, in specific areas defined by the State Transportation Board, upon request made by the State Department of Transportation and approved by the United States Secretary of Transportation, of directional signs, displays and devices which were lawfully erected under State law in force at the time of their erection, in existence on May 5, 1976, and which do not conform to the requirements of Code Section 95A-915(a), (b), (c), (d) and (e) and Code Section 95A-915.1(a), (b) and (c), where it can be demonstrated that such signs, displays and devices (1) provide directional information about goods and services in the specific interest of the traveling public and (2) are such that removal would work a substantial economic hardship in such defined area.,

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so that when so amended Code Section 95A-913 shall read as follows: 95A-913. Legislative intent. The General Assembly declares it to be the policy of this State that the erection or maintenance of outdoor advertising in areas adjacent to the rights-of-way of roads of the State highway systems, which are also a part of the interstate and primary systems of highways within the State, shall be regulated in accordance with the terms of this Article and the regulations promulgated by the Commissioner pursuant thereto and that all outdoor advertising which does not conform to the requirements of this Article are public nuisances. It is the intention of the General Assembly to provide a statutory basis for the regulation of outdoor advertising consistent with the public policy relating to areas adjacent to roads of the State highway system which also form a part of the interstate and primary systems of highways declared by the Congress in Title 23, Section 103, United States Code, `Highways.' The General Assembly further declares it to be the policy of this State to avert substantial economic hardship by the retention, in specific areas defined by the State Transportation Board, upon request made by the State Department of Transportation and approved by the United States Secretary of Transportation, of directional signs, displays and devices which were lawfully erected under State law in force at the time of their erection, in existence on May 5, 1976, and which do not conform to the requirements of Code Section 95A-915(a), (b), (c), (d) and (e) and Code Section 95A-915.1(a), (b) and (c), where it can be demonstrated that such signs, displays and devices (1) provide directional information about goods and services in the specific interest of the traveling public and (2) are such that removal would work a substantial economic hardship in such defined area. Section 2. Said Code Chapter is further amended by adding at the end of Code Section 95A-914, relating to definitions, three new subsections, to be designated as subsections (y), (z) and (aa), to read as follows: (y) `Defined area' means any area or areas within the State defined by the State Transportation Board, upon request made by the State Department of Transportation, and approved by the

"GA1979.1.1088">

United States Secretary of Transportation, to be an area where the removal of directional signs, displays and devices which were lawfully erected under State law in force at the time of their erection, in existence on May 5, 1976, and which do not conform to the requirements of Code Section 95A-915(a), (b), (c), (d) and (e) and Code Section 95A-915.1(a), (b) and (c), would deprive the traveling public of directional information about goods and services in the specific interest of the traveling public and would work a substantial economic hardship in such defined area or areas. (z) `Directional signs, displays and devices in the specific interest of the traveling public' means any directional sign, display or device which was lawfully erected under State law in force at the time of its erection and in existence on May 5, 1976, and which provides directional information about goods and services in the specific interest of the traveling public but does not conform to the requirements of Code Section 95A-915(a), (b), (c), (d) and (e) and Code Section 95A-915.1(a), (b) and (c). (aa) `Would work a substantial economic hardship' means having the potential to cause a substantial negative economic effect in a defined area or areas as may be demonstrated by a projected reduction in gross business sales, State and local sales taxes and employment opportunities within the defined area or areas. Section 3 . Said Code Chapter is further amended by striking the period at the end of subsection (e) of Code Section 95A-915, relating to the limitation on outdoor advertising and exceptions thereto, and inserting in lieu thereof a semicolon and by adding a new subsection (f), to read as follows: (f) Directional signs, displays and devices about goods and services in the specific interest of the traveling public and located in a defined area or areas approved by the United States Secretary of Transportation., so that when so amended Code Section 95A-915 shall read as follows: 95A-915. Limitation on outdoor advertising; exceptions. No outdoor advertising shall be erected or maintained within 660 feet of the nearest edge of the right-of-way and visible from the main

"GA1979.1.1089">

traveled way of the interstate or primary highways in this State except the following: (a) Directional and other official signs and notices; (b) Signs advertising the sale or lease of the property upon which they are located; (c) Signs advertising activities conducted or maintained within 100 feet from the nearest part of the activity as the dimensions of said activity are determined by Department regulations, which regulations need not take into consideration the property lines of said activity; (d) Signs located in areas zoned commercial or industrial which provide information in the specific interest of the traveling public; (e) Signs located in unzoned commercial or industrial areas which provide information in the specific interest of the traveling public; (f) Directional signs, displays and devices about goods and services in the specific interest of the traveling public and located in a defined area or areas approved by the United States Secretary of Transportation. Section 4 . Said Code Chapter is further amended by striking the period at the end of subsection (c) of Code Section 95A-915.1 and inserting in lieu thereof a semicolon and by adding a new subsection (d) to read as follows: (d) Directional signs, displays and devices about goods and services in the specific interest of the traveling public and located in a defined area or areas approved by the United States Secretary of Transportation., so that when so amended Code Section 95A-915.1 shall read as follows: 95A-915.1. Limitations of outdoor advertising devices beyond 660 feet. No outdoor advertising shall be erected or maintained

"GA1979.1.1090">

beyond 660 feet of the nearest edge of the right-of-way of the interstate or primary highways in this State outside of urban areas so as to be visible and intended to be read from the main traveled way except the following: (a) Directional and other official signs and notices; (b) Signs advertising the sale or lease of the property upon which they are located; (c) Signs advertising activities conducted or maintained within 100 feet from the nearest part of the activity as the dimensions of said activity are determined by department regulations, which regulations need not take into consideration the property lines of said activity; (d) Directional signs, displays and devices about goods and services in the specific interest of the traveling public and located in a defined area or areas approved by the United States Secretary of Transportation. Section 5 . Said Code Chapter is further amended by adding, following Code Section 95A-934, two new Code Sections, to be designated as Code Sections 95A-934.1 and 95A-934.2, to read as follows: 95A-934.1. State Transportation Board to designate defined area or areas. Upon written request made by any county, city, corporation, partnership, association, person or persons, the State Transportation Board is authorized to consider and to designate a specific area or areas as a defined area or areas upon a showing having been made that the area in question contains directional signs, displays or devices which were lawfully erected under State law in force at the time of erection and in existence on May 5, 1976, and which do not conform to the requirements of Code Section 95A-915(a), (b), (c), (d) and (e) and Code Section 95A-915.1(a), (b) and (c), and a further showing that such directional signs, displays and devices provide directional information about goods and services in the specific interest of the traveling public and that their removal would work a substantial economic hardship in such defined area or areas.

"GA1979.1.1091">

95A-934.2. State Department of Transportation authorized to request retention. Upon designation made by the State Transportation Board of an area or areas as a defined area or areas for purposes of requesting the approval of the United States Secretary of Transportation for the retention of directional signs, displays and devices in the specific interest of the traveling public, the State Department of Transportation is authorized to request the approval of the United States Secretary of Transportation. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. GEORGIA HIGHWAY AND TOLLWAY AUTHORITIESTOLL POWERS, ETC. Code Chapter 95A-12 Amended. No. 608 (House Bill No. 544). AN ACT To amend Code Chapter 95A-12, relating to the Georgia Highway and Tollway Authorities, as amended, so as to provide for the cooperation of counties, political subdivisions, cities, towns, villages, or public agencies or officials with the Tollway Authority; to authorize the Tollway Authority to collect tolls on each and every project it causes to be constructed or acquired; to allow the Tollway Authority to acquire and operate a tollway project on roads and bridges of this State whose status at the time of acquisition by the Authority is a toll facility or which at some point in its existence was operated as a toll facility; to provide for other matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

"GA1979.1.1092">

Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 95A-12, relating to Georgia Highway and Tollway Authorities, as amended, is hereby amended by adding immediately following Code Section 95A-1244 of Code Chapter 95A-12 a new Code Section 95A-1244.1 to read as follows: 95A-1244.1. Cooperation of counties, etc., with Authority. All counties, political subdivisions, cities, towns, villages, and all public agencies and officers of the State, notwithstanding any contrary provisions of the law, are hereby authorized and empowered to lease, lend, grant, or convey to the Authority, upon its request and upon such terms and conditions as the Authority and the proper officials of such counties, political subdivisions, cities, towns, villages, or public agencies or officials may agree upon as reasonable and fair, and without necessity for any advertisement, order of court, or other action or formality other than the regular execution of the proper instrument, any real or personal property which may be necessary or convenient to the effectuation of the purpose of this Chapter, including real or personal property denoted to public use. Section 2. Said Code Chapter is further amended by adding the phrase or acquisition after the phrase of the construction and before the phrase of projects of the Authority and adding the phrase or acquired after the phrase to be constructed in the first sentence of Code Section 95A-1245, relating to the exercise of toll powers by the Tollway Authority, so that when so amended, Code Section 95A-1245 shall read as follows: 95A-1245. Exercise of toll powers. For the purpose of earning sufficient revenue to make possible the financing of the construction or acquisition of projects of the Authority with revenue bonds, the Authority is authorized and empowered to collect tolls on each and every project which it shall cause to be constructed or acquired. It is hereby found, determined, and declared that the necessities of revenue bond financing are such that the Authority's toll earnings on each project or projects must exceed the actual maintenance, repair, and normal reserve requirements of such projects, together with monthly or yearly sums needed for the sinking fund payments upon the principal and interest obligations of financing such project or projects; however, within the framework of these legitimate

"GA1979.1.1093">

necessities of the Authority, and subject to the provisions of all bond resolutions, trust indentures, and all other contractual obligations of the Authority, the Authority is charged with the duty of the operation of each project at the most reasonable possible level of toll charges; and furthermore, the Authority is charged with the responsibility of a reasonable and equitable adjustment of such toll charges as between the various classes of users of any given project. In the exercise of the Authority's toll powers, the Authority is authorized to exercise so much of the police powers of the State as shall be necessary to maintain the peace and accomplish the orderly handling of the traffic on all projects operated by the Authority, and the Authority shall prescribe such rules and regulations for the method of taking tolls, employment, and conduct of toll takers and other operating employees as the Authority, in its discretion, may employ. Section 3. Said Code Chapter is further amended by adding immediately following Code Section 95A-1245 of Code Chapter 95A-12 a new Code Section 95A-1245.1 to read as follows: 95A-1245.1. Acquisition of toll facilities by the Authority. The Authority is hereby authorized and empowered to acquire, maintain, repair, improve, and operate a tollway project whose status at the time of acquisition is a toll facility or was operated as a toll facility at some point in its existence. For the purpose of earning sufficient revenue to make possible the maintenance, repair, and improvement of the acquired project, the Authority is authorized to collect tolls on each and every project it shall cause to be acquired. 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 16, 1979.

"GA1979.1.1094">

GAME AND FISHWILD ANIMAL DEFINED, ETC. Code Title 45 Amended. No. 609 (House Bill No. 558). AN ACT To amend Code Title 45, known as the Game and Fish Code, so as to revise provisions of Chapter 11 pertaining to wild animals; to clarify that the term wild animal does not include animals that are classified as wildlife; to combine the definitions of wild animal retail dealer and wild animal wholesale dealer into a single definition for wild animal dealer; to change the name of the wild animal exhibition permit to the wild animal exhibition license; to provide for legislative intent and findings; to require permits when any person desires to import, transport, sell, transfer or possess wild animals and to provide that the purchasers of wild animals shall have the burden of proving such wild animals are imported, transported, sold, transferred or possessed in compliance with this Chapter; to make unlawful the sale of wild animals regulated by the Act except where such wild animal is held for authorized purposes and to require the notification of the Department when a person sells or transfers a wild animal regulated by this Act; to require licenses for the display or exhibition of wild animals to the public and to provide the terms for such licenses; to prescribe the liability insurance requirements of owners of wild animals considered inherently dangerous to human beings and which are regulated by this Chapter and to provide the list of wild animals which are considered to be inherently dangerous to human beings; to provide for the continued possession of certain wild animals; to provide that permits issued shall be valid only for the animal described on the permit; to require that the facilities in which wild animals are imported, transported, sold, transferred or possessed meet the standards set forth in this Act; to provide for appeal for the revocation, suspension, denial or refusal to renew any license or permit issued pursuant to Chapter 11; to require permits for certain wild animals and to specify the purposes for which such permits will be issued; to provide that certain wild animals may be held as pets; to add certain wild animals to the list of wild animals regulated by this Act; to provide authority for the seizure of wild animals as contraband and to provide for civil action to recover wild animals illegally seized as

"GA1979.1.1095">

contraband; to provide authority for the seizure of wild animals by administrative order and to provide for appeals; to provide for the disposition of certain wild animals that have escaped or have been seized; to provide the authority to the Department to determine if the necessary facilities, conditions, and standards are sufficient for the humane handling, care and safety to the public for wild animals and to provide the authority to the Department to condition permits based on the standards and intent of this Chapter; to provide the authority to the Department to capture and contain any wild animal regulated by this Act which has escaped or been released; to delete provisions pertaining to the establishment of standards and the requirements of inspection by the Board of the physical conditions and facilities in which any wild animal is imported, transported, possessed, exhibited, sold or transferred; 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 inserting after the word which and before the word is in subsection 45-102(60) the following: is not wildlife and, so that when so amended subsection 45-102(60) shall read as follows: (60) `Wild animal' means any vertebrate or invertebrate of the Animal Kingdom which is not wildlife and 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 2. Said Code Title is further amended by striking the word retail and the words to the public or who offers any wild animal for sale to the public from subsection 45-102(61) so that when so amended subsection 45-102(61) shall read as follows: (61) `Wild animal dealer' means any person who imports, transports or possesses any wild animal for the purpose of sale.,

"GA1979.1.1096">

and by striking in its entirety subsection 45-102(62), relating to the definition of wild animal wholesale dealer, and by renumbering in consecutive order the subsections remaining thereafter. Section 3. Said Code Title is further amended by striking the word permit from paragraph 45-303(g)(20) and inserting in lieu thereof the word license so that when so amended paragraph 45-303(g)(20) shall read as follows: (20) Wild animal exhibition license Annual 50.00. Section 4. Said Code Title is further amended by redesignating present Section 45-1101 as 45-1101.1 and by inserting a new Code Section immediately preceding said redesignated Section 45-1101.1 to be designated Section 45-1101 and to read as follows: 45-1101. Legislative Intent and Findings. The General Assembly hereby finds and declares that it is in the public interest to insure the public health, safety and welfare by strictly regulating in this State the importation, transportation, sale, transfer and possession of those wild animals which pose a possibility of (1) harmful competition for wildlife, (2) the introduction of a disease or pest harmful to wildlife, (3) problems of enforcing laws and regulations relative to wildlife, (4) threatening wildlife or other natural resources, or (5) endangering the physical safety of human beings. The importation, transportation, sale, transfer and possession of wild animals is a privilege not to be granted unless it can be clearly demonstrated that such action can be accomplished in a manner that does not pose unnecessary risk to Georgia's wildlife and other natural resources or to the citizens of and visitors to this State. For these reasons, the General Assembly further finds and declares that only certain wild animals may be held for scientific or educational purposes, for public exhibition or as pets, and may only be lawfully held when the requirements of this Chapter are met. The General Assembly further finds and declares that any wild animal for which a license or permit, or both, is required under the provisions of this Chapter and for which no such license or permit, or both, has been obtained is a nuisance and is contraband and is subject to seizure by any peace officer authorized to enforce the provisions of this Chapter.

"GA1979.1.1097">

Section 5. Said Code Title is further amended by striking the words wholesale or retail from the first sentence of redesignated subsection 45-1101.1(a), so that when so amended said subsection 45-1101.1(a) shall read as follows: (a) It shall be unlawful for any wild animal dealer to engage in the importation, transportation, sale, transfer or possession of any wild animal listed in Section 45-1102 or specified by the Board by regulation, without first obtaining a license from the Department as provided in Section 45-303. Said license shall be effective from April 1 through March 31. Section 6. Said Code Title is further amended by striking redesignated subsection 45-1101.1(b) in its entirety and substituting in lieu thereof a new subsection 45-1101.1(b) to read as follows: (b) It shall be unlawful for any person to import, transport, sell, transfer or possess any wild animal listed in Section 45-1102 without first obtaining a permit, at no charge, from the Department. A permit shall be required for each shipment or act of importing, transporting, selling, transferring or possessing such wild animals. The Department is hereby authorized to issue permits in accordance with the provisions of this Chapter. The permit applicant shall have the burden of proving that such wild animal is or will be imported, transported, sold, transferred or possessed in compliance with the provisions of this Chapter. Section 7. Said Code Title is further amended by striking redesignated subsection 45-1101.1(c) which reads 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

"GA1979.1.1098">

of this Chapter and all regulations relating to the humane handling, care and confinement of wild animals., in its entirety and substituting in lieu thereof a new subsection 45-1101.1(c) to read as follows: (c) It shall be unlawful for any person to sell a wild animal listed in Sectio. 45-1102 except where such wild animal will be held for purposes authorized by this Chapter for such wild animal. It shall also be unlawful for any person to sell or transfer any wild animal regulated by this Act without notifying the Department within thirty (30) days of such sale or transfer on forms provided by the Department. Section 8. Said Code Title is further amended by striking redesignated subsections 45-1101.1(e) and 45-1101.1(f) in their entirety and substituting in lieu thereof new subsections 45-1101.1(e) and 45-1101.1(f) to 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 license as provided in Section 45-303. Each wild animal exhibition license shall be valid for a period of one year, after which time the licensee shall purchase a new license from the Department. Any licenses issued by the Department to any person for public exhibition purposes shall be conditioned so that the person operating a wild animal exhibition in a nontraveling, fixed facility shall make such facility open to the public for a time no less than thirty (30) hours per week for at least six (6) months each year, and the person operating a wild animal exhibition in a transient facility shall make such facility open to the public for a reasonable period of time and for reasonable hours of the day, dependent upon the nature of the exhibition. The Department is hereby authorized to issue such licenses in accordance with the provisions of this Chapter 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 federal, State, city, county or municipal governments or their agencies and transient circuses, which circuses can demonstrate to the satisfaction of the Department that ten percent (10%) of the proceeds from such exhibitions shall be

"GA1979.1.1099">

devoted to charitable purposes in this State, shall not be required to purchase a wild animal exhibition license but shall be required to obtain said license, at no charge, from the Department; provided, however, all other provisions of this Chapter and all regulations relating to the humane handling, care and confinement of wild animals must be complied with. (f) Each permit to import, transport, sell, transfer or possess a wild animal which is listed in this subsection as being inherently dangerous to human beings shall be conditioned upon the permittee obtaining, or arranging for, providing proof of and maintaining in force and effect a liability insurance policy, in the form prescribed by the Department, with an insurance company licensed to do business in this State which covers claims for injury or damage to persons or property caused by such animal in an amount equal to twenty thousand dollars ($20,000) for each such wild animal up to a maximum of five hundred thousand dollars ($500,000), provided that this subsection shall not apply to federal, State, county or municipal governments or their agencies. The insurance company shall notify the Department at least thirty (30) days prior to the termination of said policy by the company. The following list contains those animals considered to be inherently dangerous to human beings: A. Class Mamalia: 1. Order Marsupialia - Macropus spp. (Kangaroo). 2. Order Primates: a. Family Pongidae - Hylobates spp. (Gibbons), Pongo spp. (Orangutans), Pan spp. (Chipanzees), Symphalangus spp. (Siamangs), and Gorilla spp. (Gorillas). b. Papio spp. - Mandrills, Drills and Baboons. c. Theropithecus gelada - Gelada baboon. d. Macaca spp. - Macaques. 3. Order Carnivora: a. Family Canidae: (1) Canis spp. - Wolves, Jackals and Dingos. (2) Chrysocyon brachyurus - Maned Wolf.

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(3) Cuon alpinus - Red Dog. (4) Lycaon pictus - African Hunting Dog. b. Family Ursidae - All species. c. Family Mustelidae - Gulo gulo (Wolverine). d. Family Hyaenidae - Hyaenas. e. Family Felidae: (1) Leo (Panthera, Neofilis) spp. - Lions, Tigers, Jaguars, Leopards. (2) Unica unica - Snow Leopard. (3) Acinonyx jubatus - Cheetah. 4. Order Proboscidae - Elephants. 5. Order Perissodactyla: a. Family Rhinocerotidae - Rhinoceros. 6. Order Artiodactyla: a. Hippopotamus amphibius - Hippopotamus. b. Syncerus caffer - African Buffalo. c. Phacochoeus aethiepicus - Wart Hog. d. Taurotragus spp. - Elands. e. Boselaphus tragocamelus - Nilgais. f. Bos sauveli - Kouprey. g. Hippotragus niger - Sable. h. Addax nasomaculatus - Addax. i. Alcelaphus spp. Hartebeests. j. Connochaetes spp. Gnu. k. Oryx gasella - Gemsbok. B. Class Reptilia: 1. Order Crocodylia - Crocodiles. 2. Family Elapidae - All species. 3. Family Viperidae - Adders and Vipers. 4. Family Colubridae - All Opisthoglyphs. 5. Family Helodermatidae - Gila Monsters and Beaded Lizards. 6. Family Crotalidae - Pit Vipers.

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C. Class Osteichthyes: 1. Family Characidae: a. Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella and Pygopristis (Piranha). 2. Family Trichomycteridae: a. Genera Vandellia and Urinophilus. 3. Family Potamotrygonidae (Freshwater Stingray) - All species. D. All other wild animals considered inherently dangerous to human beings as specified by regulations of the Board. Section 9. Said Code Title is further amended by adding new subsections 45-1101.1(g), (h), (i) and (j), immediately following redesignated subsection 45-1101.1(f), to read as follows: (g) Any person possessing on April 15, 1979, a wild animal which is listed in Section 45-1102 and which may not otherwise be held as a pet may continue to possess such wild animal as a pet provided that such person applies for the appropriate permit no later than May 15, 1979. Upon receipt of such an application by said date, the Department shall issue a permit authorizing the continued possession of such wild animal as a pet provided all of the requirements of this Chapter are met. (h) Any permit issued in accordance with this Section shall be valid only for the wild animal referenced on the application and the permit. It shall be unlawful to hold any other wild animal on said permit, including the progeny of the permitted wild animal; provided, however, the permit to hold a mother shall cover her progeny while said progeny are physically dependent upon her or are under two (2) months of age, whichever period is longer. It shall also be unlawful to transfer any permit issued by the Department from one person to another person; provided, however, it shall not be unlawful to sell or transfer any such progeny if said sale or transfer complies with the provisions of this Title. (i) It shall be unlawful for any person holding a permit issued pursuant to the provisions of this Chapter to import, transport, sell, transfer or possess any wild animal in facilities not approved by the Department as described in Section 45-1103.

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(j) In the event that a determination has been made to revoke, suspend, deny or refuse to renew any license or permit issued pursuant to this Chapter, the applicant for such license or permit may appeal said determination according to the provisions stated in Chapter 3 of this Title. Section 10. Said Code Title is further amended by striking from Section 45-1102 the following: A permit or license, or both, is required for the following wild animals:, and inserting in lieu thereof the following: After July 1, 1979, a permit is required for the specific wild animals listed below. Such permit shall be issued only to wild animal dealers, or for scientific or educational purposes or for public exhibition; provided, however, all species of the Order Primate (e.g. Monkeys, Apes, etc.) except those designated as being inherently dangerous to human beings, may be held under permit as pets upon meeting the requirements set forth in Section 45-1103. Section 11. Said Code Title is further amended by striking in its entirety subsection 45-1102(f) and substituting in lieu thereof a new subsection 45-1102(f) to read as follows: (f) Class Osteichthyes (Bony Fish): (1) Family Characidae (Tetra, Piranha): A. Astyanax faciatus (Banded Tetra). B. Genera Serrasalmus, Serrasalmo, Pyquocentrus, Taddyella, Rooseveltiella, Pyqopristis (Piranhas). (2) Family Channidae (Snakeheads) - All species of genera Ophicephalus and Channa. (3) Family Cyrpinidae (Carp, Grass Carp, Orfe): A. Ctenopharyngodon idella (Grass Carp).

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B. Hypophthalmichthys molitrix (Silver Carp). C. Hypophthalmichthys nobilis (Bighead Carp). (4) Family Trichomycteridae (South American Catfish): A. Genera Vandellia (Candiru) and Urinophilus. (5) Family Clariidae (Asian American Catfish) - All species. (6) Family Heteropneostidae: (Electric Catfish): A. Genus Heteropneustes - All species. Section 12. Said Code Title is further amended by striking in its entirety subsection 45-1102(g) and substituting in lieu thereof a new subsection 45-1102(g) to read as follows: (g) Class Chondrichthyes (Cartilaginous Fish): (1) Family Potamotrygonidae (Freshwater Stingray). Section 13. Said Code Title is further amended by striking Section 45-1104 in its entirety and inserting in lieu thereof a new Section 45-1104 to read as follows: 45-1104. Release of Certain Wild Animals Prohibited. It shall be unlawful for any person to intentionally or knowingly release from captivity a wild animal regulated by this Chapter or to intentionally or knowingly import, transport, sell, transfer or possess such a wild animal in such a manner as to cause its release or escape from captivity. In the event a person imports, transports, sells, transfers or possesses a wild animal in such a manner as to pose a reasonable possibility that such wild animal may be released accidentally or escape from captivity, the Department may revoke the license or permit, or both, of such person pursuant to the procedure set forth in Section 45-323. Section 14. Said Code Title is further amended by adding two new Code Sections between Sections 45-1104 and 45-1105 to be designated Sections 45-1104.1 and 45-1104.2 and to read as follows:

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45-1104.1 Seizure of Certain Wild Animals As Contraband and Civil Action to Recover Wild Animals Illegally Seized as Contraband. (a) Peace officers authorized to enforce the provisions of this Chapter may seize as contraband any wild animal for which a permit or license, or both, is required and for which no permit or license, or both, has been obtained. (b) When any peace officer authorized to enforce the provisions of this Chapter has seized as contraband any wild animal, he shall deliver the same to the Department. The owner or the person in possession of such wild animal at the time of seizure may file a civil action against the State of Georgia, Department of Natural Resources, within thirty (30) days following such seizure, in the State or superior court having jurisdiction in the county where the seizure was made, to recover such wild animal. The person filing such action shall have the burden of proof of showing that such wild animal was not held in violation of this Title and the action shall be tried as other civil cases in said court. The wild animal for which the action has been filed shall be held pending the resolution of such action; provided, however, reasonable charges for storage shall be paid to the Department by the person filing such action in the event that such person does not prevail in said action. 45-1104.2. Seizure of Wild Animals by Administrative Order and Appeals Procedures Relative to Such Seizures. (a) Authorized personnel of the Department may seize any wild animal regulated by this Chapter pursuant to an administrative order or an emergency administrative order issued by the Department. (b) In the event that any person is adversely affected by any administrative order or emergency administrative order issued by the Department, such person shall be entitled to all rights of appeal as stated in this Title. Section 15. Said Code Title is further amended by striking in its entirety Section 45-1105, relating to the disposition of wild animals under certain circumstances, and substituting in lieu thereof a new Section 45-1105 to read as follows: 45-1105. Disposition of Wild Animals Which Have Escaped or Been Seized. (a) The Commissioner may authorize the disposal of any wild animal regulated by this Chapter which has escaped and

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been recaptured or any wild animal which has been seized under the provisions of this Title. Such disposal shall be in the manner determined by the Commissioner to be in the best interest of the State and shall not be in violation of any of the provisions of this Title; provided, however, no such disposal shall be made until there has been a final adjudication of any civil or administrative proceeding commenced by any person authorized to do so by the provisions of this Title. (b) Notwithstanding any other provisions of this Title, when a wild animal regulated by this Chapter has escaped, the Commissioner may authorize the destruction of such wild animal if he determines that such wild animal poses a threat to the safety of human beings, or if he determines that there is very little likelihood that such wild animal can be recaptured. Section 16. Said Code Title is further amended by adding at the end of Section 45-1106(d), two new subsections, to be designated subsections (e) and (f), and to read as follows: (e) The Department shall have the authority, based upon the standards set forth in Section 45-1103, to determine if the necessary facilities, conditions, and standards prescribed by this Chapter are sufficient for the humane handling, care, confinement, transportation and safety to the public for the wild animal for which application for a permit and license, or both, has been received. The Department shall be authorized to make such determinations by inspecting the facilities of the permit or license holder. Following such determination, the Department also has the authority to condition said license or permit so that the standards and intent of this Chapter are met. (f) The Department is authorized to capture and contain any wild animal regulated by this Act which has escaped or been released when such wild animal is determined by the Department to pose a risk to Georgia's wildlife or other natural resources or to the citizens of and visitors to this State. Section 17. Said Code Title is further amended by striking subsection (c) of Section 45-1107, pertaining to the establishment of standards and the requirement of inspections by the Board of the physical conditions and facilities in which any wild animal is

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imported, transported, possessed, exhibited, sold or transferred, in its entirety, and by redesignating present subsections (d) and (e) of said Section 45-1107 as subsections (c) and (d) thereof, respectively. Section 18. Said Code Title is further amended by striking the words wholesale and retail from redesignated subsection 45-1107(c) and by inserting in lieu thereof the following words wild animal, and by inserting between the word other and the word information the word relevant, so that when so amended redesignated subsection 45-1107(c) shall read as follows: (c) The Board shall have the authority to require that any listed wild animal that is imported, transported, possessed, sold or transferred by any person, including wild animal dealers, must be labeled with the correct species, number, age or other relevant information. Section 19. 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 of adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 20. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 21. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979.

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SUPREME COURTPLACES OF HEARING ORAL ARGUMENTS. No. 610 (House Bill No. 560). AN ACT To amend Code Chapter 24-38, relating to the sessions and adjournments of the Supreme Court, as amended, so as to provide that the Supreme Court may hear oral argument at places other than the seat of government; to require reasonable notice of such 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 Chapter 24-38, relating to the sessions and adjournments of the Supreme Court, as amended, is hereby amended by adding thereto a new Section, to be designated Code Section 24-3804, to read as follows: 24-3804. Place of hearing oral argument.The Supreme Court may hear oral argument at places other than the seat of government. Reasonable notice shall be given of such hearings. 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 16, 1979.

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MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. No. 611 (House Bill No. 569). AN ACT To amend an Act known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, particularly by an Act approved April 25, 1975 (Ga. Laws 1975, pp. 1596, 1597), so as to require certain motor vehicle certificates of title to contain certain words when the title is issued with respect to a motor vehicle which has been rebuilt, reconditioned, or remanufactured; 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 Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. Laws 1961, p. 68), as amended, particularly by an Act approved April 25, 1975 (Ga. Laws 1975, pp. 1596, 1597), is hereby amended by adding a new subsection at the end of Section 20 thereof, to be designated subsection (c), to read as follows: (c) Any certificate of title to a motor vehicle which is issued to a motor vehicle subsequent to the rebuilding, reconditioning, or remanufacturing of said motor vehicle as provided under this Section shall contain the word `Rebuilt,' `Reconditioned,' or `Remanufactured' on the face of said certificate of title in such a manner as the Commissioner shall prescribe so as to clearly indicate that the motor vehicle described thereon has been rebuilt, reconditioned, or remanufactured. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979.

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GEORGIA HEALTH CODE AMENDEDSTATE HEALTH PLANNING AND DEVELOPMENT. Code Chapter 88-33 Amended. No. 612 (Senate Bill No. 40). AN ACT To amend Code Chapter 88-33, relating to State health planning and development, so as to provide definitions of certain terms used in said Code Chapter; to require issuance by the State Health Planning and Development Agency of a certificate of need before new institutional health services or facilities are developed; to provide certificate of need administration by the State agency; to provide for the authority of the State agency; to provide for the authority of the Statewide Health Coordinating Council; to provide for the nature of a certificate of need; to provide for considerations to be made by the State agency in conducting reviews and making determinations for certificates of need; to provide for rights of appeal and judicial review; to provide for forfeiture of certificates of need; to provide sanctions against those who offer new institutional health services or make unauthorized capital expenditures without first obtaining a certificate of need; to provide for exclusion from said Code Chapter 88-33; to provide for exclusions from liability for certain persons; to set forth the intention of the General Assembly; to provide that certain projects shall not be subject to this Act and that the appeal procedures set forth in this Act shall apply to certain proceedings; to provide a severability clause; to provide an effective date; to repeal conflicting laws including the Long-Term Health Care Facility Act, approved March 25, 1974 (Ga. Laws 1974, p. 621), as amended; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-33, relating to State health planning and development, is hereby amended by adding to Code Section 88-3302, relating to definitions of certain terms, the following:

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(f) The term `ambulatory surgical or obstetrical facility' means a public or private facility, not a part of a hospital, which provides surgical or obstetrical treatment to patients not requiring hospitalization. Such term does not include the offices of private physicians or dentists, whether for individual or group practice. (g) The term `application' means a written request for a certificate of need made to the State agency containing all documentation and information as the State agency may require. (h) The term `bed capacity' means space used exclusively for inpatient care, including space designed or remodeled for inpatient beds even though temporarily not used for such purposes. The number of beds to be counted in any patient room shall be the maximum number for which adequate square footage is provided as established by regulations of the State agency except that single beds in single rooms shall be counted even if the room contains inadequate square footage. (i) The term `certificate of need' means an official determination by the State agency, evidenced by certification issued pursuant to an application, that the action proposed in the application satisfies and complies with the criteria contained in this Code Chapter and regulations pursuant thereto. (j) The term `commencement of construction' means that all of the following have been completed with respect to a project: (1) a letter from the applicant (if applicant is his own contractor) stating date that on-site work has begun and the time schedule for completion, or a written contract executed between the applicant and a contractor to construct and complete the project within a designated time schedule in accordance with architectural plans approved by the State; (2) required initial permits and approvals for commencing work on the project issued by responsible governmental agencies; and (3) actual construction work on the project started and construction equipment and/or materials on the site.

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(k) The term `to develop', with reference to a project or capital expenditure project, means: (1) constructing, remodeling, installing or proceeding with a project or any part of a project which exceeds one hundred fifty thousand dollars ($ 150,000); (2) the expenditure or commitment of funds exceeding one hundred fifty thousand dollars ($ 150,000) for a project which shall include but not be limited to: (i) construction and financing of the project; (ii) equipment orders, purchases, leases or acquisition through other comparable arrangements or donations; (iii) development of studies, surveys, reports, working drawings, plans and specifications; (iv) acquisition, purchase, lease or contract for necessary developmental services respecting an existing or proposed health facility; (v) promotion, sponsorship, solicitation or representation or holding out to the public for donations or a fundraising drive for a specified project; (vi) obtained or securing bonds for a specified project; (vii) executing contracts for the project; (viii) cost of legal fees; or (3) the expenditure or commitment of funds to develop applications, studies, reports, schematics, long-range planning or preliminary plans and specifications shall not be considered to be the developing of a project. (1) The term `health care facility' means all hospitals, including public, private, osteopathic, psychiatric and tuberculosis hospitals; other special care units, including podiatric facilities, skilled nursing

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facilities; kidney disease treatment centers, including free-standing hemodialysis units; intermediate care facilities; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies. (m) The term `health maintenance organization' means a public or private organization organized under Georgia law which: (1) provides or otherwise makes available to enrolled participants health care services, including at least the following basic health care services: usual physician services, hospitalization, laboratory, x-ray, emergency and preventive services, and out-of-area coverage; (2) is compensated, except for copayments, for the provision of the basic health care services listed in paragraph (m) (1) of Section 88-3302 to enrolled participants on a predetermined periodic rate basis; and (3) provides physicians' services primarily: (i) directly through physicians who are either employees or partners of such organization, or (ii) through arrangements with individual physicians or one or more groups of physicians organized on a group practice or individual practice basis. (n) The term `health services' means clinically related (i.e., diagnostic, treatment or rehabilitative) services and includes alcohol, drug abuse and mental health services. (o) The term `home health agency' means a public agency or private organization, or a subdivision of such an agency or organization which is primarily engaged in providing to individuals who are under the care of a physician, on a visiting basis in the places of residence used as such individuals' homes, at least part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse, and one or more of the following services:

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(1) physical therapy; (2) occupational therapy; (3) speech therapy; (4) medical social services under the direction of a physician; (5) part-time or intermittent services of a home health aide; or (6) nutritional services. (p) The term `hospital' means an institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled or sick persons or rehabilitation services for the rehabilitation of injured, disabled or sick persons. Such term does not include psychiatric hospitals. (q) The term `to incur a financial obligation in relation to the offering of a new institutional health service' means that in establishing a new institutional health service a person must fulfill the following performance requirements relative to the following types of projects: (1) new construction or renovation project: (i) has acquired title, an option to purchase or a leasehold to an appropriate site; (ii) has entered into a construction contract which provides for reasonable dates for the commencement and completion of construction; (iii) has filed with the appropriate State agency and received approval on the complete set of architectural drawings and specifications for the project; and (iv) has obtained a financial commitment or has demonstrated other financial arrangements to provide adequate capital financing for the project.

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(2) acquisition of equipment: the equipment must either be purchased, the lease agreement must be entered into by the applicant or, if acquired by a comparable arrangement, the applicant must have possession of the equipment. (r) The term `intermediate care facility' means an institution which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide but who, because of their mental or physical condition, require health-related care and services (above the level of room and board). (s) The term `new institutional health service' means: (1) the construction, development or other establishment of a new health care facility; (2) any expenditure by or on behalf of a health care facility in excess of one hundred fifty thousand dollars ($150,000) which, under generally accepted accounting principles consistently applied, is a capital expenditure, except expenditures solely for the termination or reduction of beds or for acquisition of a health care facility; (3) a change in bed capacity of a health care facility which increases the total number of beds or which redistributes beds among various categories, but excluding any changes between Skilled Nursing Home Beds and Intermediate Care Beds, or relocates such beds from one physical facility or site to another. Such changes are subject to review regardless of whether a capital expenditure is made; (4) health services, including home health services, which are offered in or through a health care facility and which were not offered on a regular basis in or through such health care facility within the 12-month period prior to the time such services would be offered; (5) any expenditure by or on behalf of a health care facility in excess of one hundred fifty thousand dollars ($150,000) made in preparation for the offering or development of a new institutional health service and any arrangement or commitment

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made for financing the offering or development of a new institutional health service; (6) any conversion or upgrading of a facility such that it is converted from a type of facility not covered by Code Chapter 88-33 to any of the types of health care facilities which are covered by this Code Chapter; or (7) the purchase or lease by or on behalf of a health care facility of diagnostic or therapeutic equipment with a value in excess of one hundred fifty thousand dollars ($150,000). The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project. (t) The term `to offer' means that the health care facility or health maintenance organization holds itself out as capable of providing, or as having the means for the provision of, specified health services. (u) The term `person' means an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), a State, a political subdivision, a hospital authority or an instrumentality (including a municipal corporation) of a State as so defined in Georgia law. (v) The terms `project' or `capital expenditure project' mean a proposal to undertake a capital expenditure that results in the offering of a new institutional health service as defined by this Code Chapter. A project, or capital expenditure project, or proposed project may refer to the project from its earliest planning stages up through the point at which the specified new institutional health service may be offered. In the case of facility construction, the point at which the new institutional health service may be offered must take place after the facility is capable of being fully licensed and operated for its intended use and at that time it shall be considered a health care facility. (w) The term `psychiatric hospital' means a public or private institution which is primarily engaged in providing to inpatients, by or under the supervision of a physician, psychiatric services for the diagnosis and treatment of mentally ill persons.

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(x) The term `skilled nursing facility' means a public or private institution or a distinct part of an institution which is primarily engaged in providing to inpatients skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled or sick persons. (y) The term `tuberculosis hospital' means a public or private institution which is primarily engaged in providing to inpatients, by or under the supervision of a physician, medical services for the diagnosis and treatment of tuberculosis. Section 2 . Said Code Chapter is further amended by adding at the end thereof the following Code Sections: 88-3311. Certificate of Need Required. From and after the effective date of this Section, only such new institutional health services or health care facilities as are found to be needed by the State agency shall be offered in the State. Any person proposing to develop or offer a new institutional health service or health care facility shall, before commencing such activity, obtain a certificate of need in the manner provided in this Code Chapter and in rules and regulations promulgated by the State agency pursuant hereto, unless such activity is excluded from the provisions of this Code Chapter. 88-3312. Certificate of Need Administration. The State agency shall be responsible for administering the certificate of need program under general policy guidance of the State Health Planning and Development Commission. The Commission shall establish such procedures as it may deem reasonable to assure that the program is administered consistently and in accordance with provisions specified herein and with the Federal Act, as amended, and regulations pursuant to that Act. 88-3313. Authority of State Agency. With advice and consent of the State Health Planning and Development Commission, the State agency shall exercise the following powers and duties with respect to certificates of need: (a) Adopt, promulgate and implement rules and procedures sufficient to administer the certificate of need program; provided, however,

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the rules and regulations of said agency shall be subject to review by the General Assembly as provided by an Act approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1437); (b) Define, by regulation, the form, content, schedules and procedures for submission of applications and letters of intent; (c) Provide, by regulation, procedures for submission of periodic plans and reports by persons or health facilities subject to State agency review under this Code Chapter; (d) Establish standards, criteria or plans required to carry out the purposes and provisions of this Code Chapter; (e) Establish time periods and procedures for obtaining recommendations from health systems agencies, including viewpoints of interested parties, prior to issuance or denial of a certificate of need; (f) Provide, by regulation, for such fees as may be necessary, which may include reasonable sharing between the State agency and the appellant of the costs of preparing the record in appeals of the decisions of the State agency; (g) Develop procedures for appeals of decisions of the State agency consistent with the Federal Act and the `Georgia Administrative Procedure Act'; and (h) Grant, deny, suspend or revoke a certificate of need. 88-3314. Authority of the Statewide Health Coordinating Council. In implementing the provisions of this Code Chapter, the Statewide Health Coordinating Council shall have the responsibility and authority to: (a) Adopt the State Health Plan and State Medical Facilities Plan; (b) Review and make recommendations to the State agency on proposed rules for the administration of this Code Chapter; and

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(c) Review and make recommendations to the State agency on criteria for review which shall, as a minimum, include those considerations specified in this Code Chapter. 88-3315. Nature of Certificate of Need. A certificate of need shall be valid only for the defined scope, physical location and person named in the application. A certificate of need shall not be transferable or assignable nor shall a project be transferred from one person to another. A certificate of need shall be valid for the period of time specified therein. A certificate of need shall be issued for a specific time period, which shall be defined in regulations, consistent with the scope of the project and effective on the date of the State agency's action. Within the effective period, the applicant of the proposed project must fulfill the specific performance requirements set forth by this Code Chapter for incurring a financial obligation in relation to the offering of a new institutional health service and continue the development of the proposal without unreasonable delay. By regulation, the State agency may define the period for which a certificate of need may be renewed, provided the applicant by petition makes a good faith showing that the financial obligation will be incurred within the extended approval period. 88-3316. Considerations. In conducting reviews and making determinations for certificates of need, the findings and recommendations of the health systems agencies and the decision of the State agency shall be based on the following considerations: (a) The relationship of the health services being reviewed to the applicable Health Systems Plan and Annual Implementation Plan adopted pursuant to Section 1513(b)(2) and (3), of the Federal Act; (b) The relationship of services reviewed to the long-range development plan, if any, of the person providing or proposing such services; (c) The need that the population served or to be served by such services has for such service;

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(d) The availability of less costly or more effective alternative methods of providing such services; (e) The immediate and long-term financial feasibility of the proposal, as well as the probable impact of the proposal on the costs and charges for providing health services by the person proposing the new institutional health service; (f) The relationship of the services proposed to be provided to the existing health care system of the area in which such services are proposed to be provided; (g) The availability of resources, including health manpower, management personnel and funds for capital and operating needs, for the provision of the services proposed to be provided and the availability of alternative uses of such resources for the provision of other health services; (h) The relationship, including the organizational relationship, of the health services proposed to be provided to ancillary or support services; (i) Special needs and circumstances of those entities which provide a substantial portion of their services or resources, or both, to individuals not residing in the health service areas in which the entities are located or in adjacent health service areas. Such entities may include medical and other health professions, schools, multidisciplinary clinics and specialty centers; (j) The special needs and circumstances of health maintenance organizations for which assistance may be provided under Title XIII of the `Public Health Service Act'; (k) The special needs and circumstances of biomedical and behavioral research projects which are designed to meet a national need and for which local conditions offer special advantages; (l) In the case of a construction project: (1) the cost and methods of the proposed construction, including the costs and methods of energy provision; and

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(2) the probable impact of the construction project reviewed on the cost of providing health services by the person proposing such construction project; and (m) When an application is made for a certificate of need to develop or offer a new institutional health service or health care facility for osteopathic medicine, the need for such facility shall be determined on the basis of the need and availability in the community for osteopathic services and facilities. Nothing in this Code Chapter shall, however, be construed as recognizing any distinction between allopathic and osteopathic medicine. (n) In the case of any proposed new institutional health service for the provision of health services to inpatients or to be provided by or through a health maintenance organization, the State agency will make its findings as provided by the Federal Act and State rules and regulations adopted and amended pursuant thereto. (o) If the denial of an application for a certificate of need for a new institutional health service proposed to be offered or developed: (1) by a minority-administered hospital facility serving a socially and economically disadvantaged minority population in an urban setting, or (2) by a minority-administered hospital facility utilized for the training of minority medical practitioners, would adversely impact upon the facility and population served by said facility, the special needs of such hospital facility and the population served by said facility for the new institutional health service shall be given extraordinary consideration by the State agency in making its determination of need as required by subsection (c) of this Code Section. The State agency shall have the authority to vary or modify strict adherence to the provisions of this Code Chapter and the regulations enacted pursuant thereto in considering the special needs of said facility and its population served and to avoid an adverse impact on the facility and the population served thereby. For purposes of this subsection, the term `minority-administered hospital facility' means a hospital controlled and operated by a governing

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body and administrative staff composed predominantly of members of a minority race. 88-3317. Review Process. Except as provided in subsection (d) of this Section, there shall be a time limit of 90 days for review of the project beginning on the day the State agency declares the application `complete for review', as established by the State agency's regulations. (a) The appropriate health systems agency shall review each application for a certificate of need in accord with its adopted plans, standards, criteria and procedures and shall submit its findings and recommendation thereon to the State agency no later than 60 days after receipt of a complete application by the State agency. The recommendation shall be to approve or deny the application. If, during the course of review, the applicant desires to modify the application, the State agency, in consultation with the health systems agency, shall make a determination as to whether such modification may be accepted or whether the scope of the modification requires withdrawal and resubmission of the application. (b) The health systems agency shall, during the course of its review, provide an opportunity for a public meeting at which interested persons may introduce testimony and exhibits. A written summary of such testimony shall be forwarded to the State agency as part of the findings of the health systems agency. In addition, any person may file written comments and exhibits concerning a proposal under review with the appropriate health systems agency and the State agency. (c) If a health systems agency fails to make any written comment or recommendation on an application within the time period as prescribed by rule or regulation, the State agency shall proceed to process such application notwithstanding such failure and may refuse to consider such later comments and recommendations unless consideration will not cause undue delay to the application. (d) The State agency shall, no later than 90 days after acknowledgement of a complete application, provide written notification to the applicant of intent to issue or to deny issuance of a certificate of need. Such notice shall contain a detailed statement of the reasons for approving or failing to approve the action proposed by said

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applicant. The State agency may adopt rules for determining when it would not be practicable to complete a review in 90 days but shall not extend the review period in excess of an additional 60 days. (e) In the event that a decision of the State agency regarding issuance or denial of a certificate of need is inconsistent with the recommendation made thereto by the health systems agency, the State agency shall submit a written detailed statement to the health systems agency of the reasons for the inconsistency. (f) Should the State agency fail to provide any notification of intent to issue or deny an application within the time limitations set forth, the proposal shall be deemed to have been approved. 88-3318. Rights of Appeal and Judicial Review. In fulfilling the functions and duties of this Code Chapter, the State agency shall comply with the `Georgia Administrative Procedure Act', Ga. Laws 1964, p. 338, as amended. Any applicant for a new institutional health service or capital expenditure project, a health systems agency, or any person who qualifies as a `party' or `person aggrieved' under said `Georgia Administrative Procedure Act' shall have the right to a hearing before a panel of five persons from the State Health Planning Review Board to contest an agency decision to grant or deny a certificate of need. There is hereby created the State Health Planning Review Board which shall consist of ten persons, one from each of this State's congressional districts, appointed by the Governor. Two members of said Board must be attorneys licensed to practice law in the State of Georgia. The Governor shall appoint persons to the Board who are familiar with the health care industry but who do not have a financial interest in any health care facility as said term is defined by this Act. The Governor shall not appoint any person to the review board who is a member of a board of a health system agency. The Governor shall designate an attorney member of the Board to serve as Chairman. The Chairman of the Board shall designate a panel of five members to conduct a hearing, provided that each five-member panel must contain at least one attorney member of the Board who shall act as Chairman of the review panel, and provided that one of the five-member panel must be from the applicant's congressional district. The members of the Board shall be compensated at a reasonable amount set by the Governor for time spent considering such hearings. The five-member

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panel shall base its decision upon the considerations set forth in this Act. The decision of the five-member panel of the State Health Planning Review Board shall be the final agency decision for purposes of the Administrative Procedure Act. Except as herein provided, the hearing shall be conducted in accordance with the provisions of the `Georgia Administrative Procedure Act'. Such party may also seek judicial review in accordance with Section 20 of the `Georgia Administrative Procedure Act'. Provided, however, that in conducting such review, the court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are: (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. 88-3319. Forfeiture of Certificate of Need. The State agency may, based on rules promulgated pursuant to this Code Chapter, deem a certificate of need to have been forfeited by the applicant for the following reasons: (a) for failure to incur the financial obligation for a capital expenditure as defined in this Code Chapter within the prescribed time period; (b) after notice and a fair hearing on proof that a person who has been awarded a certificate of need had intentionally provided false information or who, before completion of the project and operation of the facility, has transferred controlling ownership or control

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in a facility without prior written approval of the State agency. Transfers resulting from good cause, as determined by the State agency, may be exempt from this provision based on rules adopted by the State agency. Transfers resulting from death shall be exempt from this provision; or (c) for failure to commence construction within a reasonable period of time. 88-3320. Sanctions. (a) Any facility offering a new institutional health service without having obtained a certificate of need, which has not been previously licensed as a health care facility, shall be denied a license to operate. (b)(1) Any person who knowingly offers or develops any new institutional health service within the meaning of this Code Chapter without first having been issued a certificate of need or in violation of the terms of such certificate of need, shall be subject to a civil penalty not to exceed $1,000. (2) The director of the State agency, after a hearing, shall determine whether or not any person has knowingly offered or developed any new institutional health service within the meaning of this Code Chapter without first having been issued a certificate of need or has knowingly offered or developed such service in violation of the terms of such certificate of need. The director may upon a proper finding impose such civil penalties as herein provided. Any person assessed shall be notified of the assessment by registered or certified mail, and the notice shall specify the reasons for the assessment. (3) Any person so penalized under this Section is entitled to judicial review. In this connection, all hearings and proceedings for judicial review under this Section shall be in accordance with the `Georgia Administrative Procedure Act'. All penalties recovered under this Chapter shall be paid into the State Treasury to the credit of the general fund. (4) If the person assessed fails to pay the amount of the assessment to the State agency within 30 days after final termination of proceedings referred to in subsections (2) or (3) above, or within such longer period, not to exceed 180 days, as the

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State agency may specify, the agency may institute a civil action to recover the amount of the assessment. (c) For purposes of this Section, the State of Georgia, acting by and through the State Health Planning and Development Agency, shall have standing in any court of competent jurisdiction, in addition to any other proper parties, to maintain an action for injunctive or other appropriate relief to enforce the provisions of this Chapter. 88-3321. Exclusions. (a) The provisions of this Code Chapter shall not apply to: (1) infirmaries operated by educational institutions for the sole and exclusive benefit of students, faculty members, officers or employees thereof; (2) infirmaries or facilities operated by businesses for the sole and exclusive benefit of officers or employees thereof, provided that such infirmaries or facilities make no provision for overnight stay by persons receiving their services; (3) institutions operated exclusively by the Federal government or by any of its agencies; (4) offices of private physicians or dentists whether for individual or group practice; (5) Christian Science sanatoriums operated or listed and certified by the First Church of Christ Scientist, Boston, Massachusetts; (6) site acquisitions for health care facilities or health maintenance organizations; (7) expenditures related to adequate preparation and development of an application for a certificate of need; (8) the commitment of funds conditioned upon the obtaining of a certificate of need; and (9) expenditures by a health care facility for capital improvements or health services which are required to render

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such facility in compliance with the requirements of State or Federal law and/or regulations. (b) The State agency shall establish, by regulation, procedures whereby requirements for the process of review and issuance of a certificate of need may be modified as a result of emergency situations. 88-3322. Intention of the General Assembly. It is the intent of the General Assembly to assure that only those health care services found to be in the public interest shall be offered in the State, and that a system of mandatory review of institutional health services be provided to promote the orderly and economical development of health facilities and services, and to assist in containing the rapid rise in the cost of health care to the residents of the State. The General Assembly also intends that this Code Chapter be construed consistently with the provisions of Titles XV and XVI of the `Public Health Service Act', as amended, (P.L. 93-641) and that a certificate of need program be administered by the State agency in a manner so as to assure continuation of Federal financial participation available to the State under `The Community Mental Health Centers Act' (42 U.S.C. 2681 et seq.), `The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970' (42 U.S.C. 4571 et seq.), and the `Public Health Service Act' (42 U.S.C. 201 et seq.). Section 3. This Act shall not apply to any project which has received approval under the Section 1122 program, P. L. 92-603, prior to the effective date of this Act, so long as the applicant with regard to such project incurs a financial obligation prior to the expiration of the approval for the project under the 1122 program. In addition, this Act shall not apply to any project for which application has been made under the Section 1122 program prior to the effective date of this Act. Notwithstanding any of the foregoing, from and after the effective date of this Act, the review considerations and appeal procedures set forth herein at Sections 88-3316 and 88-3318, respectively, shall apply to and govern the review of capital expenditures under the Section 1122 program, including, but not limited to, any application for approval under Section 1122 which is under consideration or on appeal as of the effective date of this Act. Any such application on appeal as of the effective date of this Act shall be remanded to the State agency for de novo review

"GA1979.1.1127">

consistent with the considerations set forth herein at Section 88-3316 and for treatment under the appeal procedures set forth herein at Section 88-3318. Section 4. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 5. This Act shall become effective on July 1, 1979. Section 6. The Long-Term Health Care Facility Act, approved March 25, 1974 (Ga. Laws 1974, p. 621), as amended, is hereby repealed. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. GEORGIA HAZARDOUS WASTE MANAGEMENT ACT. No. 613 (Senate Bill No. 71). AN ACT To provide for the preservation, protection and improvement of the environment and to govern and control the management of hazardous wastes through the regulation of the generation, storage, management, treatment and disposal of hazardous wastes so as to safeguard the public health, safety and welfare; to provide a short

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title; to provide a statement of public policy in regard to hazardous waste management and control; to designate the State agency and the State official responsible for administering the Act; to define for powers, duties and responsibilities of the Board of Natural Resources relating to hazardous waste management; to provide for urces relating to hazardous waste management; to provide for powers, duties and responsibilities of the Director of the Environmental Protection Division relating to hazardous waste management; to provide for criminal penalties under certain circumstances; to provide for the issuance of permits for the construction, installation, operation or substantial alteration of hazardous waste facilities; to declare certain activities unlawful when undertaken without a permit; to provide for evidence of financial responsibility on the part of persons permitted to undertake activities under the Act; to provide for a Hazardous Waste Trust Fund; to provide for guarantees, the requirements of liability insurance and the posting of bonds, or any combination of same; to provide for the issuance of variances and to describe the conditions and circumstances under which variances may be granted; to provide for inspections and investigations relating to hazardous waste management; to provide for proceedings before the Director; to provide for orders, and for a right of hearing thereon; to provide for injunctive relief in the superior courts; to provide for hearings 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 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 those penalties; to provide that contracts may be executed between parties to effect compliance with the terms and provisions of this Act; to provide for protection of confidential information received by the Environmental Protection Division; to specify that, subject to the provision of the Constitution of Georgia, no other law of this State, and no action, ordinance, regulation or law of any county, municipality or other political subdivision shall operate to prevent the location or operation of a validly permitted hazardous waste facility; to provide for representation by the Attorney General; to provide for severability; to establish an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act shall be known as and may be cited as the Georgia Hazardous Waste Management Act. Section 2. Policy and Intent Declared. It is hereby declared to be the public policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety and well-being of its citizens, and to protect and enhance the quality of its environment, to institute and maintain a comprehensive Statewide program for the management of hazardous wastes through the regulation of the generation, storage, treatment and disposal of hazardous wastes. It is the intent of the General Assembly that the Environmental Protection Division of the Department of Natural Resources shall be designated as the State agency to administer the provisions of this Act. The Director of the Environmental Protection Division of the Department of Natural Resources shall be the official charged with the primary responsibility for the enforcement of this Act. In exercising any authority or power granted by this Act, and in fulfilling his duties hereunder, the Director shall conform to and implement the policies outlined in this Act. Section 3. Exemptions. Exempted from the provisions of this Act are. (1) radioactive wastes regulated by Federal law or State law other than this Act; (2) emissions to the air regulated under the authority of the Georgia Air Quality Act (Ga. Laws 1978, pp. 275 et seq.), as amended; (3) discharges to the waters of this State pursuant to a permit issued under the authority of the Georgia Water Quality Control Act (Ga. Laws 1964, pp. 416 et seq.), as amended; and (4) nonhazardous solid waste regulated under the authority of the Georgia Solid Waste Management Act (Ga. Laws 1972, pp. 1002 et seq.), as amended.

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Section 4. Definitions. Unless clearly indicated otherwise by the context, the following words wherever used in this Act shall have the meanings respectively ascribed to them in this Section: (1) Board means the Board of Natural Resources of the State of Georgia; (2) Department means the Department of Natural Resources of the State of Georgia; (3) Director means the Director of the Environmental Protection Division of the Department of Natural Resources; (4) Division means the Division of Environmental Protection, Department of Natural Resources of the State of Georgia; (5) Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters; (6) Federal Act means the Solid Waste Disposal Act (42 U.S.C. Section 3152, et seq.), as amended, particularly by the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Section 6901, et seq.), as amended; (7) Final Disposition means the location, time and method by which hazardous waste loses its identity or enters the environment including, but not limited to, disposal, disposal site closure and post closure, resource recovery and treatment; (8) Hazardous Waste Generation means the act or process of producing hazardous waste; (9) Hazardous Waste means a solid waste, or combination of solid wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

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(b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed; (10) Hazardous Waste Facility means any property or facility that is intended or used for storage, treatment or disposal of hazardous waste; (11) Hazardous Waste Management means the systematic recognition and control of hazardous wastes from generation to final disposition or disposal including, but not limited to, identification, containerization, labeling, storage, collection, source separation, transfer or transportation, processing, treatment, facility closure, post closure, and perpetual care, resource recovery and disposal of hazardous wastes; (12) Manifest means a form or document used for identifying the quantity, composition and the origin, routing and destination of hazardous waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment or storage; (13) Person means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, municipality, commission, political subdivision or any agency, board, department or bureau of this State or any other state or of the Federal government; (14) Storage means the containment or holding of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste; (15) Transport means the movement of hazardous waste from the point of generation to any point of final disposition, storage or disposal, including any intermediate point; (16) Treatment means any method, technique or process including neutralization designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safe for transport, amenable for recovery, amenable for storage or reduced in volume. Such term includes any activity or processing

"GA1979.1.1132">

designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous; (17) Solid Waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923). Section 5. Powers, Duties and Responsibilities of Board. 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 to implement and enforce the provisions of this Act as the Board may deem necessary to provide for the control and management of hazardous waste to protect the environment and the health of humans. Such rules and regulations may be applicable to the State as a whole or may vary from area to area, as may be appropriate to facilitate the accomplishment of the provisions, purposes and policies of this Act. The rules and regulations shall include, but not be limited to, the following: (a) Rules and regulations governing and controlling standards applicable to hazardous waste generators, hazardous waste transporters, and owners or operators of hazardous waste treatment, storage or disposal facilities. These rules and regulations may include, but not be limited to: (i) the establishment of record-keeping procedures; (ii) requirements calling for the submission of reports to the Director; and

"GA1979.1.1133">

(iii) the establishment of monitoring practices; all to insure that hazardous waste management practices are regulated, governed and controlled in the public interest. (b) Rules and regulations governing and controlling the treatment, storage and disposal of hazardous waste. (c) Rules and regulations specifying the terms, provisions and conditions under which the Director shall issue, modify, amend, revoke or deny permits pursuant to this Act. (d) Rules and regulations governing and controlling hazardous waste management. (e) Rules and regulations establishing procedures and requirements for the reporting of the generation of hazardous wastes, and governing and controlling the activities of hazardous waste generators. (f) Rules and regulations establishing standards and procedures for the operation and maintenance of hazardous waste facilities. (g) Rules and regulations establishing the use of a manifest during the generation and handling of hazardous wastes. (h) Rules and regulations establishing procedures to insure public access to records and to insure protection of trade secrets and confidential information, the disclosure of which to the Director is required by this Act, or the rules and regulations adopted hereunder. (2) Take all necessary steps to insure the effective enforcement of this Act. Section 6. Powers, Duties and Responsibilities of the Director. The Director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this Act, and all rules and regulations, orders or permits promulgated or issued hereunder.

"GA1979.1.1134">

(2) To encourage, participate in, or conduct studies, reviews, investigations, research and demonstrations relating to hazardous waste management practices in this State as he deems advisable and necessary. (3) To issue all 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 such permits. (4) To make investigations, analyses and inspections to determine and insure compliance with this Act, the rules and regulations promulgated hereunder, and any permits or orders which the Director may issue. (5) To enter into such contracts as may be required or necessary to effectuate the provisions of this Act or the rules and regulations. (6) To prepare, develop, amend, modify, submit and enforce any comprehensive plan or program sufficient to comply with this Act and/or the Federal Act for the control, regulation and monitoring of hazardous waste management practices in this State. (7) To develop and implement plans to achieve goals and objectives set by any comprehensive plan or program. (8) To conduct such public hearings as are required by this Act or as he deems necessary for the proper administration of this Act, and to control and manage the conduct and procedure for such public hearings. (9) To advise, consult, cooperate and contract on hazardous waste management matters with other agencies of this State, political subdivisions thereof and other designated organizations or entities; 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 or entities. Provided, however, nothing in this Act shall authorize the Division to own or operate a hazardous waste storage, treatment or disposal facility.

"GA1979.1.1135">

(10) To collect and disseminate information and to provide for public notification in matters relating to hazardous waste management. (11) To issue, amend, modify or revoke orders as may be necessary to insure and enforce compliance with the provisions of this Act and all rules or regulations promulgated hereunder. (12) 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, the rules and regulations promulgated hereunder, or any orders or permits issued hereunder. (13) To accept, receive, administer or disburse grants from public or private sources for the purpose of the proper administration of this Act, or for carrying out any of the duties, powers or responsibilities hereunder. (14) To grant variances in accordance with the provisions of this Act and the rules and regulations promulgated hereunder, provided such variances are not inconsistent with the Federal Act and rules or regulations promulgated thereunder. (15) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this Act. (16) To assure that the State of Georgia complies with the Federal Act and retains maximum control thereunder, and receives all desired Federal grants, aid and other benefits. (17) To require any person who is generating, transporting, treating, storing or disposing of hazardous waste to notify the Division in writing, within a reasonable number of days which the Director shall specify, indicating the location and general description of such activity and identifying the hazardous waste handled, and provide any other information which may be deemed relevant under such conditions as the Director may prescribe. (18) To maintain an inventory of hazardous wastes within the State including such information as location, identity, quantity, method of storage, rate of accumulation, disposal practices and any

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other information which the Director may deem necessary to administer and enforce this Act. (19) Adopt, promulgate, modify, amend and repeal criteria for the identification of hazardous wastes and the determination of whether any waste or combination of wastes is hazardous for the purposes of this Act. (20) Establish hazardous waste management standards for the State provided they are in all cases not less stringent than provided by the Federal Act. (21) Take all necessary steps to insure that the administration of this Act is consistent with and equivalent to the provisions of the Federal Act, and any standards, rules or regulations promulgated thereunder, toward the end that the State of Georgia shall have maximum control over hazardous waste management practices in this State. (22) To exercise all incidental powers necessary to carry out the purposes of this Act. The above and foregoing powers and duties may be exercised and performed by the Director through such duly authorized agents and employees as he deems necessary and proper. Section 7. Criminal Penalty. Any person who knowingly: (1) transports any hazardous waste as defined in this Act to a facility which does not have a permit under Section 8, or (2) treats, stores, or disposes of any hazardous waste as defined in this Act without having obtained a permit under Section 8, or (3) makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this Act, shall, upon conviction, be subject to a fine of not more than twenty-five thousand dollars ($25,000.00) for each day of violation or to imprisonment not to exceed one (1) year, or both. If the conviction is for a violation committed after a first conviction of such person

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under this Section, punishment shall be by a fine of not more than fifty thousand dollars ($50,000.00) per day of violation or by imprisonment for not more than two (2) years, or by both. Section 8. Hazardous Waste Facility Permits. (1) No person shall, and it shall be unlawful and a violation of this Act to, construct, install, operate or substantially alter a hazardous waste facility without first obtaining and possessing a Hazardous Waste Facility Permit from the Director. An application for a permit shall be submitted in such manner and on such forms 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, requirements or rules and regulations effective pursuant to this Act. (2) The Director may require that applications for such permits shall be accompanied by plans, data, specifications, engineering reports, designs and such other information as he deems necessary to make a determination of compliance with this Act and the standards, requirements or rules and regulations. (3) The Director may amend, modify, suspend or revoke any permit issued for cause including, but not limited to, the following: (a) Violation of any condition or provision of said permit or failure to comply with any final order of the Director; (b) Failure to comply with this Act or any rules or regulations promulgated pursuant to this Act; (c) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or (d) When the permitted activity poses a threat to the environment or to the health of humans. (4) An application for a permit shall include a demonstration of financial responsibility including, but not limited to, guarantees, liability insurance, the posting of bonds or any combination of guarantees, liability insurance or bonds in accordance with Section 10 of this Act, which financial responsibility shall be related to the type and size of facility.

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(5) Permits issued under this Section shall contain such terms and conditions as are deemed necessary by the Director to protect the environment and the health of humans, and the Director may require such testing and construction supervision as he deems necessary to protect the environment and the health of humans. (6) In the event of denial, amendment, modification, suspension or revocation of a permit, the Director shall send written notice of such action to the permit holder or applicant and shall set forth in such notice the reason for the action. (7) The issuance, denial, amendment, modification, suspension or revocation of any permit by the Director shall become final unless a petition for hearing in accordance with Section 15 of this Act is filed. (8) Upon the receipt of an application for a Hazardous Waste Disposal Facility Permit, the Director, within fifteen (15) days, shall provide written notification to various local governmental subdivisions and other interested persons in the locality in which the proposed facility may be located of the pendency of a permit application. A public hearing shall be held if requested, in writing within thirty (30) days after receipt of notification, by twenty-five (25) persons who claim to be affected by the pending permit application, by a governmental subdivision, or by an association having not less than twenty-five (25) members. If requested, the public hearing shall be conducted at the county seat of the county in which the hazardous waste disposal facility is proposed to be located. At least thirty (30) days prior to the date of the public hearing, the Director shall provide written notice to the various local governmental subdivisions and other interested persons in the locality in which the proposed facility may be located that a public hearing has been requested, which written notice shall also include the date, time, location and purpose of the public hearing. The date, time, location, and purpose of such public hearing shall be advertised in the legal organ of the county in which the facility is proposed at least thirty (30) days in advance of the date set for the hearing. Such public hearings shall be held for the purpose of receiving comments and suggestions concerning the location and requirements for the operation of a hazardous waste disposal facility. The Director shall consider fully all written and oral submissions regarding the proposed facility and the pending application.

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(9) Any person who owns or operates any hazardous waste facility in existence on the effective date of this Act, and who on the effective date of this Act is authorized by a permit from the Director to treat, store or dispose of hazardous wastes pursuant to the Solid Waste Management Act (Ga. Laws 1972, pp. 1002 et seq.), as amended, and is receiving and actively treating, storing or disposing of hazardous wastes on the effective date of this Act pursuant to such permit, and who applies for a Hazardous Waste Facility Permit within thirty (30) days after rules or regulations promulgated pursuant to this Act become effective, may continue to receive, actively treat, store or dispose of hazardous wastes in the manner specified in the permit then in effect until the Director takes action to issue, grant or deny such permit application. Provided, however, that after the effective date of this Act, such owner or operator must demonstrate to the Director that he is actively engaged in the process of upgrading and improving the facility in order to comply with the permitting requirements of this Act or must show that the facility already meets such requirements. Section 9. Manifest. No hazardous waste shall be transported across, within or through this State unless it is accompanied by a manifest properly issued, completed and filled out in accordance with the rules and regulations promulgated by the Board. The manifest shall be required to accompany all hazardous waste from the point of generation through handling, storage, treatment and disposal, and a copy of the manifest shall be transmitted to the Director as often as is required by the rules and regulations adopted by the Board pursuant to this Act. Section 10. Financial Responsibility. (1) No hazardous waste storage, treatment or disposal facility shall be operated or maintained by any person unless adequate financial responsibility has been demonstrated to the Director, or bonding has been acquired, to insure the satisfactory maintenance, operation, closure and perpetual care of the facility. (2) The Director may require the posting of a bond prior to issuing a permit for any hazardous waste storage, treatment or disposal facility to assure the availability of funds to sufficiently meet the requirements for proper closure, maintenance and/or perpetual care of the facility and the hazardous waste contained therein. The Director is authorized to establish the bonding requirements for

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permit applicants and classes of permit applicants, including the establishment of a range of monetary bonding amounts. A bond obtained by any permit applicant shall be payable to the State of Georgia and shall remain in effect until such time as the Director determines that the permitted facility no longer presents a danger to the public health or safety or to the environment. Any such bond or other evidence of financial responsibility shall include coverage for a period of at least five years following abandonment or discontinuance of operation of a facility. (3) Bonds required under this Section shall be issued by a surety company authorized to do business in Georgia. Provided, however, the Director may authorize a personal bond supported by such collateral as he may deem sufficient, or a cash bond in an amount approved by the Director. The criteria for the approval of personal and cash bonds shall be set forth in the rules and regulations adopted pursuant to this Act. (4) If the Director determines that a hazardous waste storage, treatment or disposal facility has been abandoned, or that the owner or operator thereof has become insolvent or for any other reason there is a demonstrated inability of the owner or operator to maintain or operate the facility to the satisfaction of the Director, the Director may order forfeiture of the bond. The proceeds from all forfeited bonds shall be deposited in a special account in the name of the State designated as the Hazardous Waste Trust Fund. The monies deposited in such Fund may be expended by the Director as considered necessary to insure the protection of the environment or public health or safety. The funds deposited in the Fund shall not be used for normal operating expenses of the Division but shall be expended only for the detoxification, removal and disposal of any hazardous wastes, the reclamation of facilities and the perpetual care and surveillance of facilities which have been abandoned or on which the owners or operators have defaulted or otherwise refused to perform the detoxification, removal and disposal of all hazardous wastes or the reclamation of facilities. The determination of whether there has been an abandonment, default or otherwise refusal or inability to perform and comply with closure requirements shall be made by the Director. (5) In addition to the posting of a bond as required in this Section, in the event of a determination by the Director of a reasonable

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probability that a permitted hazardous waste storage, treatment or disposal facility will cease to operate or remain active while still containing, storing or treating hazardous wastes on the premises which will require continuing and perpetual care or surveillance of the facility to protect the environment or public health or safety, the Director may require the owner or operator of such facility to pay a fee or surcharge in such amounts and under such circumstances as he shall determine based upon criteria adopted in the rules and regulations effective under this Act. These fees and surcharges shall be deposited into the Hazardous Waste Trust Fund for the purposes of that Fund under this Act. In establishing fees and surcharges, the Director shall give due consideration to the nature of the hazardous waste, the size and type of facility, and the anticipated expenses of perpetual care and surveillance. (6) An order or other action of the Director under this Section shall become final unless a petition for hearing in accordance with Section 15 of this Act is filed. Section 11. Variances. (1) Unless same is prohibited by the Federal Act or the standards, rules and regulations promulgated thereunder, the Director may grant variances from the requirements of this Act or the rules and regulations effective hereunder, whenever the Director finds that compliance with any provision of this Act or any standard, rule or regulation will result in an arbitrary and unreasonable taking of property, or will result in effect in the closing and elimination of any lawful business, occupation or activity, without sufficient corresponding benefit or advantage to the public. Provided, however, that no variance shall be granted where the effect of a variance will permit the continuation of a condition which poses an undue present or potential threat to the environment, or to the health of humans. Provided further, however, that any variance so granted shall not be construed so as to relieve any person from any liability imposed by law or rule and regulation. (2) Variances shall be granted for such periods of time and under such provisions and conditions as shall be specified by the Director. A variance shall not be granted for a period of time greater than one (1) year, and it shall not be renewable unless new circumstances can be shown which preclude full compliance within the one-year period. A variance may not be renewed if it would result in an undue risk to the environment or the health of humans.

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A renewal of a variance shall be effective for a period of up to one (1) year. Under no conditions shall an original variance, plus renewals, ever exceed a total period of two (2) years. (3) As a condition precedent to the issuance of a variance, the Director may require the filing of a bond in accordance with Section 10 of this Act, sufficient to insure compliance with the terms and conditions of the variance. The Director may require that the bond shall remain in effect until all terms and conditions of the variance are met and compliance is achieved with the provisions of this Act and the rules and regulations. (4) Upon failure of a person to comply with the terms and conditions of any bond or any variance issued by the Director, a variance may be amended, modified, suspended or revoked or the bond may be forfeited by the Director or ordered to be modified or amended. The proceeds from any forfeited bond shall be deposited in the Hazardous Waste Trust Fund in accordance with the provisions of Section 10 of this Act. Section 12. Inspections and Investigations. The Director or his authorized representative, upon presentation of his credentials, shall have a right to enter upon, to or through premises of persons subject to this Act, or premises whereon a violation of the Act or rules and regulations is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, take samples, copy all records relating to hazardous wastes, and inspect for compliance with the requirements imposed under this Act or the rules and regulations or to determine whether such a violation or threatened violation exists in accordance with the following purposes: (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 hazardous waste management or hazardous waste management practices where the Director is in possession of information sufficient to form a reasonable belief that a violation of this Act or the rules and regulations is occurring or is about to occur, or

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(3) For the purpose of determining whether there has been a violation of any of the provisions of this Act, or the rules and regulations promulgated hereunder, or any permit or order issued pursuant to this Act and the rules and regulations. In the event any person does not consent to an inspection or investigation, the Director or his authorized representative may seek to obtain a warrant authorizing the inspection or investigation. Each such inspection or investigation shall be commenced and completed with reasonable promptness. If the Director or his authorized representatives obtain any samples prior to leaving the premises, he shall give to the owner, operator, or agent in charge a receipt describing the sample obtained and, if requested, a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge. Section 13. Proceedings Before the Director. Whenever the Director has reason to believe that a violation of any provision of this Act, or any 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 issue an order directed to such violator or violators. The order shall specify the provisions of the Act or rules or regulations or order alleged to have been violated and may order that necessary corrective action be taken within a reasonable time to be prescribed in the 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 pursuant to Section 15 of this Act. Section 14. 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 would constitute a violation of this Act or the rules and regulations, or any order or permit conditions, he may make application to the superior court of the county in which the violative act or practice has been or is about to be engaged in for an order enjoining such act

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or practice, or for an order requiring compliance with the Act or the rules and regulations, or the order or permit condition, and upon a showing by the Director that such person has engaged in or is about to engage in any such violative act or practice, a permanent or temporary injunction, restraining order or other order shall be granted without the necessity of showing the lack of an adequate remedy at law. Section 15. 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, pp. 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 16. Judgment in Accordance with Final Orders. Any order of a hearing officer issued after a hearing as provided in Section 15 of this Act, or any order of the Director issued pursuant to Section 13 of this Act, either unappealed from as provided in those Sections, or affirmed or modified on any review or appeal pursuant to Section 15, and from which no further review is taken or allowed under Section 15, 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 under order resides, or if said person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred, whereupon said superior 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 17. Civil Penalties and Procedures for Imposing Such Penalties. (1) Civil Penalties. Any person violating any provision of this Act or the rules or regulations effective hereunder, or any permit condition or limitation established pursuant to this Act, or negligently or intentionally failing or refusing to comply with any final

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or emergency order of the Director issued as provided in this Act, shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000.00) per day. Each day during which the violation or failure or refusal to comply 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 rule or regulation effective hereunder, or any permit condition, or has negligently or intentionally failed or refused to comply with any final order or emergency order of the Director, he may upon written request cause a hearing to be conducted before a hearing officer appointed by the Board. Upon finding that said person has violated any provision of this Act or any rule or regulation effective hereunder, or any permit condition, or has negligently or intentionally failed or refused to comply with any final order or emergency order of the Director, said hearing officer shall issue his decision imposing civil penalties as herein provided. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Section 15 of this Act. (3) In rendering a decision under this Section imposing civil penalties, the hearing officer shall consider all factors which are relevant including, but not limited to, the following: (a) The amount of civil penalty 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 promptly 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, rules, regulations, orders or permits administered, adopted or issued by the Director;

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(e) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure; (f) 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 Hazardous Waste Trust Fund in accordance with the provisions of Section 10 of this Act. Section 18. Emergency Powers. Notwithstanding any provision of this Act to the contrary, the Director, upon receipt of evidence that certain hazardous waste management or hazardous waste management practices are presenting an imminent and substantial endangerment to the environment or to the health of humans, may bring suit as provided in Section 14 to immediately restrain any person causing or contributing to the danger caused by such hazardous waste management or hazardous waste management practices, or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the environment or the health of humans solely by commencement of such a civil action, the Director, with the concurrence of the Governor, may issue such emergency orders as may be necessary to protect the environment or the health of humans who are or may be affected by such hazardous waste management or hazardous waste management practices. 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 13, 14, 15, 16 and 17 of this Act, such order shall be immediately effective for a period of not more than forty-eight (48) 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 such period of time as may be authorized by the court pending litigation or thereafter. Section 19. Contracts under this Act. Any provision of law to the contrary notwithstanding, in order to comply with this Act or the Federal Act, or applicable State and Federal rules, regulations

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or guidelines, or to be eligible for grants-in-aid and other allotments, the State of Georgia, the Division and each municipal corporation and county in this State, are hereby authorized, at the discretion of its governing authority, to enter into valid and binding contracts with each other and/or with private persons, firms, associations or corporations, for any period of time not to exceed fifty (50) years, to provide solid waste handling, reclamation and recycling services to such private persons, firms, associations or corporations, or to and with each other. The terms solid waste handling, solid waste, reclamation and recycling shall be as defined in this Act, or in the rules and regulations effective hereunder. Section 20. Confidentiality of Information. Any records, reports or information obtained from any person by the Director under this Act or the rules and regulations shall be available to the public for inspection and copying, at the expense of the person requesting copies, except that upon a showing satisfactory to the Director by any person that records, reports, or information or any particular part thereof, to which the Director has access under this Act or the rules and regulations if made public, would divulge information entitled to protection or confidentiality under law, the Director shall consider such information or any particular portion thereof confidential in accordance with the purposes of the law under which confidentiality or protection is claimed, except that such records, reports, documents, or information may be disclosed to officers, employees or authorized representatives of the United States concerned with carrying out the terms of the Federal Act, or when required by any court in any proceeding under the Federal Act or under this Act. Section 21. Provisions of this Law to Govern. Subject to the provisions of the Constitution of Georgia, no other law of this State and no action, ordinance, regulation or law of any county, municipality or other political subdivision shall operate to prevent the location or operation of a hazardous waste facility holding a valid Hazardous Waste Facility Permit issued under the provisions of this Act and the rules and regulations. Provided, however, nothing in this Section shall prevent any county, municipality or other political subdivision from challenging a facility's compliance with this Act or any rule or regulation, order or permit provision or condition adopted or issued hereunder.

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Section 22. Attorney General to Represent Director. It shall be the duty of the Attorney General or his representative to represent the Director in all actions in connection with this Act. Section 23. 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 24. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 25. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. GEORGIA INSURANCE CODE AMENDEDHEALTH MAINTENANCE ORGANIZATION. Code Title 56 Amended. No. 614 (Senate Bill No. 162). AN ACT To amend Code Title 56, relating to insurance, as amended, so as to provide for the regulation and control of persons, firms or corporations who provide certain health care services and who offer

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certain health benefits plans; to provide for necessary matters connected therewith; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 56, relating to insurance, as amended, is hereby amended by adding thereto the following Chapter: CHAPTER 56-36 HEALTH MAINTENANCE ORGANIZATION 56-3601. Definitions. (1) `Commissioner' means the Insurance Commissioner unless the contents of the Chapter otherwise require. (2) `Basic health care services' means health care services which an enrolled population might reasonably require in order to be maintained in good health, including as a minimum but not restricted to, preventive care, emergency care, inpatient hospital and physician care, and outpatient medical services. (3) `Enrollee' means an individual who has been enrolled in a health benefits plan. (4) `Evidence of coverage' means any certificate, agreement, or contract issued to an enrollee setting out the coverage to which he is entitled. (5) `Health benefits plan' means any arrangement whereby any person undertakes to provide, arrange for, pay for, or reimburse any part of the cost of any health care services and at least part of such arrangement consists of arranging for or the provision of health care services, as distinguished from an arrangement which provides only for indemnification against the cost of such services, on a prepaid basis through insurance or otherwise. (6) `Health care services' means any services included in the furnishing to any individual of medical or dental care, or hospitalization or incident to the furnishing of such care or hospitalization,

"GA1979.1.1150">

as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing, or healing human illness or injury. (7) `Health maintenance organization' means any person which undertakes to provide or arrange for one or more health benefits plans. (8) `Person' means any natural or artificial person including but not limited to individuals, partnerships, associations, trusts, or corporations. (9) `Provider' means any physician, hospital, or other person who is licensed or otherwise authorized in this State to furnish health care services. (10) `Insurer' means every insurer authorized under this Title to issue contracts of accident and sickness insurance. Hospital service nonprofit corporations, nonprofit medical service corporations and nonprofit health care corporations are included within such term. 56-3602. Establishment of Health Maintenance Organizations. (1) Notwithstanding any law of this State to the contrary, any person may apply to the Commissioner for and obtain a certificate of authority to establish and operate a health maintenance organization in compliance with this Chapter. No person shall establish or operate a health maintenance organization in this State, nor sell or offer to sell, or solicit offers to purchase or receive advance or periodic consideration in conjunction with a health maintenance organization without obtaining a certificate of authority under this Chapter. A foreign corporation may qualify under this Chapter, subject to its registration to do business in this State as a foreign corporation under the appropriate provisions of Title 22. (2) Every health maintenance organization as of the effective date of this Chapter shall submit an application for a certificate of authority under subsection (3) within 90 days of the effective date of this Chapter. Each such applicant may continue to operate until the Commissioner acts upon the application. In the event that an application is denied under Section 56-3603, the applicant shall henceforth be treated as a health maintenance organization whose certificate of authority has been revoked.

"GA1979.1.1151">

(3) Each application for a certificate of authority shall be verified by an officer or authorized representative of the applicant, shall be in a form prescribed by the Insurance Commissioner and shall set forth or be accompanied by the following: (a) A copy of the basic organizational document, if any, of the applicant such as the articles of incorporation, articles of association, partnership agreement, trust agreement, or other applicable documents, and all amendments thereto; (b) A copy of the bylaws, rules and regulations, or similar document, if any, regulating the conduct of the internal affairs of the applicant; (c) A list of the names, addresses, and official positions of the persons who are to be responsible for the conduct of the affairs of the applicant, including all members of the board of directors, board of trustees, executive committee, or other governing board or committee, the principal officers in the case of a corporation, and the partners or members in the case of a partnership or association; (d) A copy of any contract made or to be made between any providers or persons listed in paragraph (c) and the applicant; (e) A statement describing in detail the health maintenance organization, its health benefits plan or plans, facilities, and personnel; (f) A copy of the form of evidence of coverage to be issued to the enrollees; (g) A copy of the form of the group contract, if any, which is to be issued to employers, unions, trustees, or other organizations; (h) Financial statements showing the applicant's assets, liabilities, and sources of financial support. If the applicant's financial affairs are audited by independent certified public accountants, a copy of the applicant's most recent regular certified financial statement shall be deemed to satisfy this requirement

"GA1979.1.1152">

unless the Commissioner directs that additional or more recent financial information is required for the proper administration of this Chapter; (i) A description of the proposed method of marketing the plan, a financial plan which includes a three-year projection of the initial operating results anticipated, and a statement as to the sources of working capital as well as any other sources of funding; (j) A power of attorney duly executed by such applicant, if not domiciled in this State, appointing the Commissioner and his successors in office, and duly authorized deputies, as the true and lawful attorney of such applicant in and for this State upon whom all lawful process in any legal action or proceeding against the health maintenance organization on a cause of action arising in this State may be served; (k) A statement describing the geographic area or areas to be served; (l) A description of the complaint procedures to be utilized as required under Section 56-3610; (m) A description of the procedures and programs to be implemented to meet the quality of health care requirements in Section 56-3603(1)(b); (n) A description of the mechanism by which enrollees will be afforded an opportunity to participate in matters of policy and operation under Section 56-3605(2); (o) Such other information as the Commissioner may require. (4) (a) A health maintenance organization shall, unless otherwise provided for in this Chapter, file a notice describing any modification of the operation set out in the information required by subsection (3). Such notice shall be filed with the Commissioner prior to the modification. If the Commissioner does not disapprove within 60 days of filing, such modification shall be deemed approved.

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(b) The Commissioner may promulgate rules and regulations exempting from the filing requirements of paragraph (a) those items he deems unnecessary. 56-3603. Issuance of Certificate of Authority. (1) (a) Upon receipt of an application for issuance of a certificate of authority, the Commissioner shall forthwith transmit copies of such application and accompanying documents to the Commissioner of Human Resources; (b) The Commissioner of Human Resources shall determine whether the applicant for a certificate of authority, with respect to health care services to be furnished: (i) has demonstrated the willingness and potential ability to assure that such health care services will be provided in a manner to assure both availability and accessibility of adequate personnel and facilities and in a manner enhancing availability, accessibility and continuity of service; (ii) has arrangements, established in accordance with existing laws and regulations promulgated by the Commissioner of Human Resources for an ongoing quality of health care assurance program concerning health care processes and outcomes; and (iii) has a procedure, established in accordance with regulations of the Commissioner of Human Resources, to develop, compile, evaluate, and report statistics relating to the cost of its operations, the pattern of utilization of its services, the availability and accessibility of its services, and such other matters as may be reasonably required by the Commissioner of Human Resources. (iv) has arrangements, established in accordance with existing laws and regulations promulgated by the Commissioner of Human Resources, for coverage of out-of-area emergency services rendered to its enrollees.

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(c) Within 90 days of receipt of the application for issuance of a certificate of authority, the Commissioner of Human Resources shall certify to the Commissioner whether the proposed health maintenance organization meets the requirements of paragraph (b). If the Commissioner of Human Resources certifies that the health maintenance organization does not meet such requirements, he shall specify in what respects it is deficient. (2) The Commissioner shall issue or deny a certificate of authority to any person filing an application pursuant to Section 56-3602 within 90 days of receipt of the certification from the Commissioner of Human Resources. Issuance of a certificate of authority shall be granted upon payment of the application fee prescribed in Section 56-3621 if the Commissioner is satisfied that the following conditions are met: (a) The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy, possess good reputations and have had appropriate administrative experience, training or education in health care delivery systems and/or allied professions; (b) The Commissioner of Human Resources certifies, in accordance with subsection (1), that the health maintenance organization's proposed plan of operation meets the requirements of subsection (1)(b); (c) The health benefits plan constitutes an appropriate mechanism whereby the health maintenance organization will effectively provide or arrange for the provision of basic health care services on a prepaid basis, through insurance or otherwise, except to the extent of reasonable requirements for co-payments; (d) The health maintenance organization is financially responsible and may reasonably be expected to meet its obligations to enrollees and prospective enrollees. In making this determination, the Commissioner may consider: (i) the financial soundness of the health benefits plan's arrangements for health care services and the schedule or charges used in connection therewith;

"GA1979.1.1155">

(ii) the adequacy of working capital; (iii) any agreement with an insurer, a government, or any other organization for insuring the payment of the cost of health care services or the provision for automatic applicability of an alternative coverage in the event of discontinuance of the plan; (iv) any agreement with providers for the provision of health care services; and (v) any deposit of cash or securities submitted in accordance with Section 56-3612 as a guarantee that the obligations will be duly performed; (e) The enrollees will be afforded an opportunity to participate in matters of policy and operation pursuant to Section 56-3605; (f) Nothing in the proposed method of operation, as shown by the information submitted pursuant to Section 56-3602 or by independent investigation, is contrary to the public interest; and (g) Any deficiencies certified by the Commissioner of Human Resources have been corrected. (3) Before any health maintenance organization changes its address, the certificate of authority shall be returned to the Commissioner who shall endorse the certificate of authority indicating the change. 56-3604. Powers of Health Maintenance Organizations. (1) The powers of a health maintenance organization include, but are not limited to, the following: (a) The purchase, lease, construction, renovation, operation, or maintenance of hospitals, medical facilities, or both, and their ancillary equipment, and such property as may reasonably be required for its principal office or for such other purposes as may be necessary in the transaction of the business of the organization;

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(b) The making of loans to a medical group under contract with it in furtherance of its program or the making of loans to a corporation or corporations under its control for the purpose of acquiring or constructing medical facilities and hospitals or in furtherance of a program providing health care services to enrollees; (c) The furnishing of health care services through providers which are under contract with or employed by the health maintenance organization; (d) The contracting with any person for the performance on its behalf of certain functions such as marketing and enrollment; (e) The contracting with an insurer licensed in this State for the provision of insurance, indemnity, or reimbursement against the cost of health care services provided by the health maintenance organization in accordance with Section 56-3615; (f) The offering, in addition to basic health care services, of: (i) additional health care services; (ii) indemnity benefits covering out-of-area or emergency services; and (iii) indemnity benefits, in addition to those relating to out-of-area and emergency services, provided through insurers. (2) (a) A health maintenance organization shall file notice, with adequate supporting information, with the Commissioner prior to the exercise of any power granted in subsections (1)(a) or (b). The Commissioner shall disapprove such exercise of power if in his opinion it would substantially and adversely affect the financial soundness of the health maintenance organization and endanger its ability to meet its obligations. If the Commissioner does not disapprove within 90 days of the filing, it shall be deemed approved.

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(b) The Commissioner may promulgate rules and regulations exempting from the filing requirement of paragraph (a) those activities having a de minimis effect. 56-3605. Governing Body. (1) The governing body of any health maintenance organization shall include providers and other individuals; provided that at least one-third of the members of such governing body shall be public members. (2) Such governing body shall establish a mechanism to afford the enrollees an opportunity to participate in matters of policy and operation through the establishment of advisory panels, by the use of advisory referenda on major policy decisions, or through the use of other mechanisms. 56-3606. Fiduciary Responsibilities. Any director, officer or partner of a health maintenance organization who receives, collects, disburses, or invests funds in connection with the activities of such organization shall be responsible for such funds in a fiduciary relationship to the health maintenance organization. 56-3607. Evidence of Coverage and Charges for Health Care Services. (1) (a) Every enrollee residing in this State is entitled to evidence of coverage under a health benefits plan. If the enrollee obtains coverage under a health benefits plan through an insurance policy or a contract issued by a hospital service nonprofit or nonprofit medical service corporation or by a nonprofit health care corporation, whether by option or otherwise, the insurer shall issue the evidence of coverage. Otherwise, the health maintenance organization shall issue the evidence of coverage. (b) No evidence of coverage, or amendment thereto, shall be issued or delivered to any person in this State until a copy of the form of the evidence of coverage, or amendment thereto, has been filed with and approved by the Commissioner.

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(c) An evidence of coverage shall contain: (i) no provisions or statements which are unjust, unfair, inequitable, misleading, deceptive, which encourage misrepresentation, or which are untrue, misleading or deceptive as defined in Section 56-3613(1); and (ii) a clear and complete statement, if a contract, or a reasonably complete summary, if a certificate, of: (A) the health care services and the insurance or other benefits, if any, to which the enrollee is entitled under the health benefits plan; (B) any limitations on the services, kind of services, benefits, or kind of benefits, to be provided, including any deductible or co-payment feature; (C) where and in what manner information is available as to how services may be obtained; and (D) the total amount of payment for health care services and the indemnity or service benefits, if any, which the enrollee is obligated to pay with respect to individual contracts, or an indication whether the plan is contributory or noncontributory with respect to group certificates; (E) a clear and understandable description of the health maintenance organization's method for resolving enrollee complaints. Any subsequent change may be evidenced in a separate document issued to the enrollee. (d) A copy of the form of the evidence of coverage to be used in this State, and any amendment thereto, shall be subject to the filing and approval requirements of paragraph (b) unless it is subject to the jurisdiction of the Commissioner under the laws governing health insurance in which event the filing and approval provisions of such laws shall apply. To the extent, however, that such provisions do not apply to the requirements

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in paragraph (c), the requirements in paragraph (c) shall be applicable. (2) (a) No schedule of charges for enrollee coverage for health care services, or amendment thereto, may be used in conjunction with any health benefits plan until a copy of such schedule, or amendment thereto, has been filed with and approved by the Commissioner. (b) Such charges may be established in accordance with actuarial principles for various categories of enrollees, provided that charges applicable to an enrollee shall not be individually determined based on the status of his health. However, the charges shall not be excessive, inadequate, or unfairly discriminatory. A certification by a qualified actuary to the appropriateness of the charges, based on reasonable assumptions, shall accompany the filing along with adequate supporting information. (3) The Commissioner shall, within a reasonable period, approve any form if the requirements of subsection (1) are met and any schedule of charges if the requirements of subsection (2) are met. It shall be unlawful to issue such form or to use such schedule or charges until approved. If the Commissioner disapproves such filing, he shall notify the filer. In the notice, the Commissioner shall specify the reasons for his disapproval. At the expiration of 90 days the form or schedule of changes so filed shall be deemed approved unless prior thereto such schedule has been approved or disapproved by the Commissioner. (4) The Commissioner may require the submission of whatever relevant information he deems necessary in determining whether to approve or disapprove a filing made pursuant to this Section. 56-3608. Annual Report. (1) Every health maintenance organization shall annually, on or before the first day of March, file with the Commissioner, on forms to be designated by him, and certified by at least two principal officers of said health maintenance organization, an annual statement as of December 31st of the preceding year and a copy of said report shall also be delivered to the Commissioner of Human Resources.

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(2) Such report shall be on forms prescribed by the Commissioner and shall include: (a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding year certified by an independent public accountant; (b) Any material changes in the information submitted pursuant to Section 56-3602(3); (c) The number of persons enrolled during the year, the number of enrollees as of the end of the year and the number of enrollments terminated during the year; (d) A summary of information compiled pursuant to Section 56-3603(1)(b)(iii) in such form as required by the Commissioner of Human Resources; and (e) Such other information relating to the financial condition or performance of the health maintenance organization as is necessary to enable the Commissioner or the Commissioner of Human Resources to carry out their duties under this Chapter. 56-3609. Information to Enrollees. Every health maintenance organization shall annually provide to its enrollees: (1) The most recent annual statement of financial condition including a balance sheet and summary of receipts and disbursements; (2) A description of the organizational structure and operation of the health benefits plan and a summary of any material changes since the issuance of the last report; (3) A description of services and information as to where and how to secure them; and (4) A clear and understandable description of the health maintenance organization's method for resolving enrollee complaints. 56-3610. Complaint System.

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(1) (a) Every health maintenance organization shall establish and maintain a complaint system which has been approved by the Commissioner after consultation with the Commissioner of Human Resources to provide reasonable procedures for the resolution of written complaints initiated by enrollees or providers concerning health care services. (b) Each health maintenance organization shall submit to the Commissioner and the Commissioner of Human Resources an annual report in a form prescribed by the Commissioner after consultation with the Commissioner of Human Resources. (2) The health maintenance organization shall maintain records of written complaints concerning health care services for five years from the time such complaints are filed and shall submit to the Commissioner a summary report at such times and in such format as the Commissioner may require. (3) The Commissioner or the Commissioner of Human Resources may examine such complaint system at any time. 56-3611. Investments. With the exception of investments made in accordance with Section 56-3604(1)(a) and (b) and Section 56-3604(2), the investable funds of a health maintenance organization shall be invested only in securities or other investments permitted by the laws of this State for the investment of assets constituting the legal reserves of life insurance companies or such other securities or investments as the Commissioner may permit. Such investments shall be subject to the same terms, conditions and limitations which apply to life insurance companies. 56-3612. Protection Against Insolvency. (1) The health maintenance organization shall be responsible for the assumption of full financial risk of providing basic health services to its members, except that the health maintenance organization may reinsure its risks with solvent reinsurers who qualify to transact reinsurance in this State under the provisions of Section 56-413 and may enter into reinsurance treaties or agreements with such reinsurers in order to obtain reinsurance for: (a) the cost of providing basic health services which exceeds in the aggregate $5,000 per member per year; (b) the cost of providing basic health

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services to members when they are outside the health maintenance organization's service area; and (c) not more than ninety (90) percent of the amount of which the health maintenance organization's costs for any fiscal year exceed 115 percent of its income for that fiscal year; provided that all such reinsurance treaties and agreements entered into by such health maintenance organizations shall under the provisions of this Section also be required to meet the same standards as would be required by this Title for reinsurance treaties or agreements made by a property and casualty insurer as a ceding insurer. (2) Each health maintenance organization shall deposit with the Commissioner cash or securities acceptable to the Commissioner in the amount of $ 100,000.00; provided that the Commissioner shall also have the authority to require such additional amounts of deposits as he may deem necessary to protect the enrollees of the health maintenance organization. Such deposits shall be administered by the Commissioner pursuant to the provisions of Code Chapter 56-11. The Commissioner shall also have the authority to waive, modify, or authorize accumulation and incremental adjustments of such deposits as he deems necessary to protect the enrollees of the health maintenance organization. 56-3613. Prohibited Practices. (1) No health maintenance organization, or representative thereof, may cause or knowingly permit the use of advertising which is untrue or misleading, solicitation which is untrue or misleading, or any form of evidence of coverage which is deceptive. For purposes of this Chapter: (a) A statement or item of information shall be deemed to be untrue if it does not conform to fact in any respect which is or may be significant to an enrollee of, or person considering enrollment in, a health benefits plan; (b) A statement or item of information shall be deemed to be misleading, whether or not it may be literally untrue, if, in the total context in which such statement is made or such item of information is communicated, such statement or item of information may be reasonably understood by a reasonable person, not possessing special knowledge regarding health care coverage,

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as indicating any benefit or advantage or the absence of any exclusion, limitation, or disadvantage of possible significance to an enrollee of, or person considering enrollment in, a health benefits plan, if such benefit or advantage or absence of limitation, exclusion or disadvantage does not in fact exist; (c) An evidence of coverage shall be deemed to be deceptive if the evidence of coverage taken as a whole, and with consideration given to typography and format, as well as language, shall be such as to cause a reasonable person, not possessing special knowledge regarding health benefits plans and evidences of coverage therefor, to expect benefits, services, charges, or other advantages which the evidence of coverage does not provide or which the health benefits plan issuing such evidence of coverage does not regularly make available for enrollees covered under such evidence of coverage. (2) The provisions of Chapter 56-7 of the Georgia Insurance Code applicable to `insurers' shall apply to health maintenance organizations in this Chapter and for the purpose of determining whether a violation of Chapter 56-7 has occurred, an `enrollee' as defined in this Chapter shall be deemed to be an `insured' or a `policyholder' as used in Chapter 56-7, whichever is applicable. (3) An enrollee may not be cancelled or nonrenewed except for the failure to pay the charge for such coverage, or for such other reasons as may be promulgated by the Commissioner. (4) No health maintenance organization, unless licensed as an insurer, may use in its name, contracts, or literature any of the words `insurance,' `casualty,' `surety,' `mutual,' or any other words descriptive of the insurance, casualty, or surety business or deceptively similar to the name or description of any insurance or surety corporation doing business in this State. 56-3614. Regulation of Agents. The Commissioner may, after notice and hearing, promulgate such reasonable rules and regulations as are necessary to provide for the licensing of agents. An agent means a person directly or indirectly associated with a health benefits plan who engages in solicitation or enrollment.

"GA1979.1.1164">

56-3615. Powers of Insurers. (1) Notwithstanding any other law which may be inconsistent herewith, an insurer, a hospital service nonprofit corporation, a medical service nonprofit corporation or a nonprofit health care corporation licensed in this State may either directly or through a subsidiary or affiliate organize and operate a health maintenance organization. The business of insurance is deemed to include the providing of health care by a health maintenance organization owned or operated by an insurer or a subsidiary thereof. (2) Notwithstanding any other provision of Title 56, an insurer may contract with a health maintenance organization to provide insurance or similar protection against the cost of care provided through health maintenance organizations and to provide coverage in the event of the failure of the health maintenance organization to meet its obligations. The enrollees of a health maintenance organization constitute a permissible group under this Title. Among other things, under such contracts, the insurer may make benefit payments to health maintenance organizations for health care services rendered by providers pursuant to the health benefits plan. 56-3616. Examinations. (1) Whenever the Commissioner shall deem it expedient, but not less than once every 3 years, he or his designee shall visit and examine the transactions, accounts, financial records and documents of any health maintenance organization and of the providers with whom such organization has contracts, agreements, or other arrangements pursuant to its health benefits plan and in connection therewith the Commissioner shall also have the authority to conduct an examination into the market conduct of the health maintenance organization. (2) Whenever the Commissioner of Human Resources shall deem it expedient, but not less than once every five years, he or his designee shall visit and examine all matters relating to the quality of health care services of any health maintenance organization and providers with whom such organization has contracts, agreements, or other arrangements pursuant to its health benefits plan as often as he deems it necessary for the protection of the interests of the people of this State.

"GA1979.1.1165">

(3) Every health maintenance organization, its officers, employees, representatives and providers shall produce and make freely accessible to the Commissioner or the Commissioner of Human Resources the accounts, records, documents and files in its possession or control relating to the subject of the examination. Such officers, employees, representatives and providers shall facilitate such examination and aid the examiners as far as it is in their power in making the examination. (4) The Commissioner or his designee shall make a full written report of each examination made by him containing only facts ascertained from the accounts, records, and documents examined and from the sworn testimony of witness. (5) The report shall be certified by the Commissioner or by the examiner in charge of the examination and when so certified and, after filing as provided in subsection (6) hereof, shall be admissible in evidence in any proceeding brought by the Commissioner against the health maintenance organization examined or any officer or agent of the health maintenance organization and shall be prima facie evidence of the facts stated therein. (6) The Commissioner shall furnish a copy of the proposed report to the health maintenance organization examined not less than twenty (20) days prior to filing the report. If such health maintenance organization so requests in writing within such twenty (20) day period, or such longer period as the Commissioner may grant, the Commissioner shall grant a hearing with respect to the report, and shall not so file the report until after the hearing and such modifications have been made therein as the Commissioner may deem proper. (7) The Commissioner may withhold from public inspection the report of any examination or investigation for so long as he deems it to be in the public interest or necessary to protect the health maintenance organization examined from unwarranted injury. (8) After the report has been filed, the Commissioner may publish the report or the results thereof in one or more newspapers published in this State if he should deem it to be in the public interest.

"GA1979.1.1166">

(9) The health maintenance organization so examined shall pay, at the direction of the Commissioner, all the actual travel and living expenses of such examination. When the examination is made by an examiner who is not a regular employee of the Department, the health maintenance organization examined shall pay the proper charges for the services of the examiner and his assistants in an amount approved by the Commissioner. A consolidated account for the examination shall be filed by the examiner with the Commissioner. No health maintenance organization or other entity shall pay and no examiner shall accept any additional emolument on account of any examination. When the examination is conducted in whole or in part by regular salaried employees of the Insurance Department, payment for such services and proper expenses shall be made by the health maintenance organization examined to the Commissioner, and such payment shall be deposited with the Fiscal Division of the Department of Administrative Services. 56-3617. Suspension or Revocation of Certificate of Authority. (1) The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization under this Chapter if he finds that any of the following conditions exist: (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health benefits plan, or in a manner contrary to that described in and reasonably inferred from any other information submitted under Section 56-3602, unless amendments to such submissions have been filed with and approved by the Commissioner; (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of Section 56-3607; (c) The health benefits plan does not provide or arrange for basic health care services; (d) The Commissioner of Human Resources certifies to the Commissioner that:

"GA1979.1.1167">

(i) the health maintenance organization does not meet the requirements of Section 56-3603(1)(b); or (ii) the health maintenance organization is unable to fulfill its obligations to furnish health care services as required under its health benefits plan. (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees; (f) The health maintenance organization has failed to implement a mechanism affording the enrollees an opportunity to participate in matters of policy and operation under Section 56-3605; (g) The health maintenance organization has failed to implement the complaint system required by Section 56-3610 in a manner to reasonably resolve valid complaints; (h) The health maintenance organization, or any person on its behalf, has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive, or unfair manner; (i) The continued operation of the health maintenance organization would be hazardous to its enrollees; (j) The health maintenance organization has violated any provision of this Chapter or the Rules and Regulations of the Commissioner or of the Rules and Regulations of the Commissioner of Human Resources. (2) The Commissioner may without advance notice or a hearing thereon, suspend immediately the Certificate of Authority of any health maintenance organization as to which proceedings for receivership, conservatorship, rehabilitation or other delinquency proceedings have been commenced in any state. (3) When the certificate of authority of a health maintenance organization is suspended, the health maintenance organization

"GA1979.1.1168">

shall not, during the period of such suspension, enroll any additional enrollees except newborn children or other newly acquired dependents of existing enrollees, and shall not engage in any advertising or solicitation whatsoever. (4) When the certificate of authority of a health maintenance organization is revoked, such organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs, and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of such organization. It shall engage in no further advertising or solicitation whatsoever. The Commissioner may, by written order, permit such further operation of the organization as he may find to be in the best interest of enrollees, to the end that enrollees will be afforded the greatest practical opportunity to obtain continuing health care coverage. 56-3618. Rehabilitation, Liquidation, or Conservation of Health Maintenance Organization. Any rehabilitation, liquidation or conservation of a health maintenance organization shall be deemed to be the rehabilitation, liquidation, or conservation of an insurance company and shall be conducted under the supervision of the Commissioner pursuant to the law governing the rehabilitation, liquidation, or conservation of insurance companies. The Commissioner may apply for an order directing him to rehabilitate, liquidate, or conserve a health maintenance organization upon any one or more grounds set forth in Code Chapter 56-14, relating to the rehabilitation, liquidation or conservation of insurers, or when in his opinion the continued operation of the health maintenance organization would be hazardous either to the enrollees or to the people of this State. 56-3619. Regulations. The Commissioner shall adopt rules and regulations necessary for the implementation of this Chapter with respect to all matters of organization, control of the matters relating to business, agents, examinations, and all other Sections not exempted by this Section. The Commissioner of Human Resources shall adopt rules and regulations necessary to establish and control the standards of health care which a health maintenance organization shall maintain.

"GA1979.1.1169">

56-3620. Hearings, Judicial Review. (1) Except as otherwise provided in this Chapter, all hearings and proceedings held under this Chapter shall be conducted in accordance with the provisions of Chapter 56-2 of the Georgia Insurance Code and the Commissioner shall have all the powers granted to him therein. (2) The Commissioner of Human Resources, or his designated representative, shall be in attendance at the hearing and shall participate in the proceedings. The recommendation and findings of the Commissioner of Human Resources with respect to matters relating to the quality of health care services provided in connection with any decision regarding denial, suspension, or revocation of a certificate of authority, shall be conclusive and binding upon the Commissioner. After such hearing, or upon the failure of the health maintenance organization to appear at such hearing, the Commissioner shall take action as is deemed advisable on written findings which shall be mailed to the health maintenance organization with a copy thereof to the Commissioner of Human Resources. The action of the Commissioner and the recommendation and findings of the Commissioner of Human Resources shall be subject to review by the superior court having jurisdiction. The court may, in disposing of the issue before it, modify, affirm, or reverse the order of the Commissioner in whole or in part. (3) The provisions of the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338) of this State shall apply to proceedings under this Section to the extent they are not in conflict with subsections (1) and (2). 56-3621. Fees. Every health maintenance organization subject to this Chapter shall pay to the Commissioner for the use of the State on or before March 1st of each year a fee in the amount of $300.00 for the renewal of its Certificate of Authority. 56-3622. Penalties and Enforcement. (1) In lieu of suspension or revocation of a certificate of authority for any of the causes enumerated in Section 56-3617, the Commissioner may place a health maintenance organization on probation or may fine such health maintenance organization in accordance

"GA1979.1.1170">

with the provisions of Chapter 56-2 when, in his judgment, he finds that the public interest would not be harmed by the continued operation of the health maintenance organization. The amount of any such penalty shall be paid by the health maintenance organization to the Commissioner for use of the State. At any hearing conducted in accordance with the provisions of this Title, the Commissioner shall have authority to administer oaths to witnesses. Anyone testifying falsely, after having been administered such oath, shall be subject to the penalty of perjury. Any action of the Commissioner taken pursuant to the provisions of this Section shall be subject to such review as may be provided in Chapter 56-2 of the Georgia Insurance Code. (2) (a) If the Commissioner or the Commissioner of Human Resources shall for any reason have cause to believe that any violation of this Chapter has occurred or is threatened, the Commissioner or Commissioner of Human Resources may give notice to the health maintenance organization and to the representatives, or other persons who appear to be involved in such suspected violation, to arrange a conference with the alleged violators or their authorized representatives for the purpose of attempting to ascertain the facts relating to such suspected violation, and, in the event it appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing such violation. (b) Proceedings under this subsection shall not be governed by any formal procedural requirements, and may be conducted in such manner as the Commissioner or the Commissioner of Human Resources may deem appropriate under the circumstances. (3) (a) The Commissioner may issue an order directing a health maintenance organization or a representative of a health maintenance organization to cease and desist from engaging in any act or practice in violation of the provisions of this Chapter. (b) Within 5 days after service of the order of cease and desist, the respondent may request a hearing on the question of whether acts or practices in violation of this Chapter have occurred. Such hearings shall be conducted pursuant to the Georgia

"GA1979.1.1171">

Administrative Procedure Act (Ga. Laws 1964, p. 338), and judicial review shall be available as provided therein. (4) In the case of any violation of the provision of this Chapter, if the Commissioner elects not to issue a cease and desist order, or in the event of noncompliance with a cease and desist order issued pursuant to subsection (4), the Commissioner may institute a proceeding to obtain injunctive relief, or seeking other appropriate relief, in the superior court having jurisdiction of the parties. (5) In addition to any other liability or punishment prescribed, any person who violates this Chapter shall be guilty of a misdemeanor. 56-3623. Statutory Construction and Relationship to Other Laws. (1) Except as otherwise provided by law, all of the provisions of this Title which are not in conflict with the provisions of this Chapter shall apply to health maintenance organizations and all other persons subject to the provisions of this Chapter. (2) Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, shall not be construed to violate any provision of law relating to solicitation or advertising by health professionals. (3) Any health maintenance organization authorized under this Chapter shall not be deemed to be practicing medicine and shall be exempt from the provision of Code Chapter 84-9, relating to the practice of medicine. 56-3624. Filings and Reports as Public Documents. All applications, filings and reports required under this Chapter shall be treated as public documents. 56-3625. Confidentiality of Medical Information. Any data or information pertaining to the diagnosis, treatment, or health of any enrollee or applicant obtained from such person or from any provider by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except to the extent that it may be necessary to carry out the purposes of this Chapter;

"GA1979.1.1172">

or upon the express consent of the enrollee or applicant; or pursuant to statute or court order for the production of evidence or the discovery thereof or in the event of claim or litigation between such person and the health maintenance organization wherein such data or information is pertinent. A health maintenance organization shall be entitled to claim any statutory privileges against such disclosure which the provider who furnished such information to the health maintenance organization is entitled to claim. 56-3626. Commissioner of Human Resources' Authority to Contract. The Commissioner of Human Resources, in carrying out his obligations under Sections 56-3603(1)(b), 56-3616(2), and 56-3617(1), may contract with qualified persons to make recommendations concerning the determinations required to be made by him. Such recommendations may be accepted in full or in part by the Commissioner of Human Resources. 56-3627. Taxes. The same fees and taxes provided for in Chapter 56-13 applicable to life insurers shall apply to and shall be imposed upon each health maintenance organization provided for in this Chapter and such organizations shall also be entitled to the same tax deductions, reductions, abatements, and credits that life insurers are entitled to receive. 56-3628. No employer, union, trade organization, nor any other association shall force either by payroll deduction, or other means its members to join a health maintenance organization. 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 January 1, 1980.

"GA1979.1.1173">

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. CRIMINAL PROCEDUREREWARDS FOR ARREST OF FELONS. Code Chapter 27-1 Amended. No. 615 (Senate Bill No. 195). AN ACT To amend Code Chapter 27-1, relating to proceedings prior to arrest, as amended, so as to increase the amount of the reward in felonies not capital, except arson; to add arson as a crime authorizing a $10,000 reward; to delete provisions dealing with the burning of gin houses; to allow a reward for horse and swine theft; to delete provisions dealing with rewards offered by certain groups; to change the provisions dealing with the payment of rewards; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 27-1, relating to proceedings prior to arrest, as amended, is hereby amended by striking Code Section 27-101 in its entirety and substituting in lieu thereof the following: 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 $1,000 in felonies not capital, including arson, and not to exceed the sum of $10,000 in capital felonies and arson; but no such

"GA1979.1.1174">

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. The Governor shall, at his discretion, offer, and cause to be paid, rewards for the detection or apprehension of cattle, horse, or swine thieves stealing cattle, horses, or swine within this State; such reward shall not exceed $1,000. The Governor, at his discretion, may pay any reward authorized by this Section after conviction. For the purposes of this Section, `conviction' shall include a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty. Such judgment shall be deemed to be a final judgment when the remittitur from the appellate court of this State affirming the conviction is filed in the court below or, if the proceeding is before a federal court, when the United States Circuit Court of Appeals has affirmed the conviction. Section 2. Said Code Chapter is further amended by striking from Code Section 27-101.1 the following: Said reward shall be paid at the time the conviction becomes final after all appeals have been exhausted., and by adding at the end of said Code Section the following: The Governor, at his discretion, may pay any reward authorized by this Section after conviction. For the purposes of this Section, `conviction' shall include a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty. Such judgment shall be deemed to be a final judgment when the remittitur from the appellate court of this State affirming the conviction is filed in the court below or, if the proceeding is before a federal court, when the United States Circuit Court of Appeals has affirmed the conviction., so that when so amended, Code Section 27-101.1 shall read as follows: 27-101.1. Reward for arrest and conviction of murders of law enforcement officers. Any person except a person who shall be charged with the power, duty and responsibility of enforcing the criminal laws of this State, who furnishes the necessary information

"GA1979.1.1175">

which leads to the identification, apprehension and conviction of a person who has committed the crime of murder or voluntary manslaughter and the victim of such crime was a law enforcement officer acting in the line of duty at the time of the commission of such crime, may be entitled to receive a reward in an amount up to $10,000. No such reward, under the terms of this Code Section, shall be awarded unless the information furnished possessed such unique qualities that without the divulgence thereof by the person claiming the reward, the identity of the perpetrator of such crime and the evidence leading to his conviction would not have been readily ascertainable from other sources during the ordinary course of a routine investigation of the crime. The Governor may pay such reward to any such person from funds appropriated to the Executive Branch of the State Government for such purpose. In those instances in which, in the judgment of the Governor, one or more persons should be entitled to the reward, the Governor shall direct the division of the reward among those entitled thereto at his discretion or he may rely upon the advice of the district attorney or other official prosecuting the case as to the appropriate division thereof. The Governor, at his discretion, may pay any reward authorized by this Section after conviction. For the purposes of this Section, `conviction' shall include a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty. Such judgment shall be deemed to be a final judgment when the remittitur from the appellate court of this State affirming the conviction is filed in the court below or, if the proceeding is before a federal court, when the United States Circuit Court of Appeals has affirmed the conviction. Section 3. Said Code Chapter is further amended by striking from subsection (a) of Code Section 27-101.2 wherever it shall appear the following: which shall be payable at the time the conviction becomes final., and by inserting a period after the figure $500 where it appears immediately preceding said stricken language, and by inserting a period after the figure $1,000 where it appears immediately preceding said stricken language, and by adding at the end of said subsection (a) the following:

"GA1979.1.1176">

The Governor, at his discretion, may pay any reward authorized by this Section after conviction. For the purposes of this Section, `conviction' shall include a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty. Such judgment shall be deemed to be a final judgment when the remittitur from the appellate court of this State affirming the conviction is filed in the court below or, if the proceeding is before a federal court, when the United States Circuit Court of Appeals has affirmed the conviction., so that when so amended, subsection (a) of Code Section 27-101.2 shall read as follows: (a) Any person, other than a law enforcement officer, who furnishes information leading to the arrest and conviction of a person who is charged with selling dangerous drugs under Section 79A-703 may receive a reward of up to $500. Any person, other than a law enforcement officer who furnishes information leading to the arrest and conviction of a person who is charged with selling a narcotic drug under Section 79A-803 or who is charged with selling drugs under both Sections, may receive a reward of $1,000. The Governor, at his discretion, may pay such reward to any such person from funds appropriated or otherwise available to the Executive Branch of the State Government. The Governor, at his discretion, may pay any reward authorized by this Section after conviction. For the purposes of this Section, `conviction' shall include a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty. Such judgment shall be deemed to be a final judgment when the remittitur from the appellate court of this State affirming the conviction is filed in the court below or, if the proceeding is before a federal court, when the United States Circuit Court of Appeals has affirmed the conviction. 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 16, 1979.

"GA1979.1.1177">

GAME AND FISHHUNTER EDUCATION. Code Chapter 45-3 Amended. No. 616 (Senate Bill No. 234). AN ACT To amend Code Chapter 45-3, relating to hunting, fishing and trapping licenses, as amended, particularly by an Act approved April 11, 1978 (Ga. Laws 1978, p. 2264), so as to provide that until May 1, 1980, provisions requiring a certificate of satisfactory completion of a hunter education course shall not apply to any person under the age of 15 years; to provide that after April 30, 1980, provisions requiring a certificate of satisfactory completion of a hunter education course shall not apply to any person under the age of 12 years; 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, as amended, particularly by an Act approved April 11, 1978 (Ga. Laws 1978, p. 2264), is hereby amended by striking subsection (i) of Section 45-302.1 in its entirety and inserting in lieu thereof the following new subsection (i) to read as follows: (i) Until May 1, 1980, the requirements of subsections (c) and (d) of this Section shall not apply to any person under the age of 15 years, nor shall it apply to any person hunting on his own land or that of his parents or legal guardian. After April 30, 1980, the requirements of subsections (c) and (d) of this Section 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.

"GA1979.1.1178">

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 16, 1979. REVENUEQUARTERLY RETURNS AND PAYMENT OF TAXES. Code Section 91A-3904 Amended. No. 617 (House Bill No. 170). AN ACT To amend Code Section 91A-3904, relating to quarterly returns and payments of tax, so as to change the dates and provide the manner for reporting and paying the amount of tax withheld from employees' wages 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 Section 91A-3904, relating to quarterly returns and payments of tax, is hereby amended by striking in its entirety paragraph (2) of subsection (a) thereof and substituting in lieu thereof a new paragraph (2) to read as follows: (2) Except as otherwise provided in subsection (c), the quarterly return and the payment of the required tax shall be due on 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 three calendar quarters of the calendar year until the tax

"GA1979.1.1179">

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. Section 2 . Said Code Section is further amended by striking in its entirety subsection (c) thereof and substituting in lieu thereof a new subsection (c) to read as follows: (c) Payment of taxes withheld. If the monthly amount of taxes deducted and withheld or which should be deducted and withheld exceeds $200, the tax is due and shall be paid to the Commissioner on the 15th day of the following month. Payments due on April 15, July 15, October 15, and January 15 shall be due on the last day of the month. Section 2 . This Act shall become effective January 1, 1980. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. Editorial Note: The Enrolled Act has two of Section 2. JUVENILE COURTSJURISDICTION OVER JUVENILES. Code Section 24A-301 Amended. No. 618 (House Bill No. 207). AN ACT To amend Code Section 24A-301, relating to jurisdiction over juveniles, as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 181), so as to provide that a termination petition may be filed with the superior court or the juvenile court in cases where the child has been surrendered to the Department of Family and Children Services for placement for adoption; to repeal conflicting laws; and for other purposes.

"GA1979.1.1180">

Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 24A-301, relating to jurisdiction over juveniles, as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 181), is hereby amended by adding at the end of subparagraph (C) of paragraph (2) of subsection (a) of said Code Section the following: ; provided, further, that in cases where the rights of the parent(s) or the guardian(s) of the child have been surrendered or terminated in accordance with the provisions of Code Section 74-403(a)(1), the Department of Human Resources or a licensed child-placing agency may file a petition for the termination of the rights of the putative father in either the superior court or the juvenile court. so that subsection (a) of Code Section 24A-301, when so amended, shall read as follows: (a) The court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action: (1) Concerning any child (A) who is alleged to be delinquent except when the allegation is based on a delinquent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life or confinement for life in the penitentiary; (B) who is alleged to be unruly; (C) who is alleged to be deprived; (D) who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child; or (E) who is alleged to have committed a juvenile traffic offense in Section 24A-3101.

"GA1979.1.1181">

(2) Involving any proceeding (A) for obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person, if such consent is required by law; (B) under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in Georgia; (C) for the termination of the legal parent-child relationship, except that in connection with adoption proceedings under Code Chapter 74-4 the superior courts shall have jurisdiction to terminate the legal parent-child relationship and the rights of the putative father; provided, further, that in cases where the rights of the parent(s) or the guardian(s) of the child have been surrendered or terminated in accordance with the provisions of Code Section 74-403(a). (1), the Department of Human Resources or a licensed child-placing agency may file a petition for the termination of the rights of the putative father in either the superior court or the juvenile court. 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 16, 1979.

"GA1979.1.1182">

ADOPTIONSCODE PROVISIONS AMENDED. Code Chapter 74-4 Amended. No. 619 (House Bill No. 208). AN ACT To amend Code Chapter 74-4, relating to adoptions, as amended, so as to improve said Code Chapter and make certain technical corrections thereto so as to clarify the terms thereof and more fully develop the principles contained therein; to modify the definition of who may adopt children; to modify the requirement and form of certain documents required to be executed in connection with the surrender of parental rights; to modify the requirement that in certain cases notice be given to the putative father of a child to be adopted; to modify the contents of an adoption petition; to modify the procedures for hearing an adoption petition; to modify the provisions regarding the secrecy of adoption records; to clarify the definition of illegal inducements in connection with the placement of children for adoption; to clarify the effect of prior consents; 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 74-4, relating to adoptions, as amended, is hereby amended by striking from Code Section 74-402 the following: The petitioner(s) must be at least ten (10) years older than the child, a resident of this State and financially, physically, morally fit and mentally able to have the permanent custody of the child., and inserting in lieu thereof the following: The petitioner(s) must be at least ten (10) years older than the child, a bona fide resident of this State for at least six (6) months immediately preceding the filing of the petition for adoption, and financially, physically, and mentally able to have the permanent custody of the child. Any person who has been a resident of any

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United States army post or military reservation within the State of Georgia for six (6) months next preceding the filing of the petition for adoption may file said petition in any county adjacent to said United States army post or military reservation., so that when so amended Code Section 74-402 shall read as follows: 74-402. Who May Adopt. Any adult person may petition for leave to adopt a child if such person is (1) at least twenty-five (25) years of age, or (2) married and living with husband or wife. If a person is married, the petition must be filed in the name of both husband and wife, except the child is the stepchild of the party seeking to adopt, in which event the petition may be filed by the stepparent alone. The petitioner(s) must be at least ten (10) years older than the child, a bona fide resident of this State for at least six (6) months immediately preceding the filing of the petition for adoption, and financially, physically, and mentally able to have the permanent custody of the child. Any person who has been a resident of any United States army post or military reservation within the State of Georgia for six (6) months next preceding the filing of the petition for adoption may file said petition in any county adjacent to said United States army post or military reservation. Any adult person, including a foster parent, meeting the requirements of this Section shall be eligible to apply to the Department of Human Resources or licensed child-placing agency for consideration as an adoption applicant in accordance with the policies of the Department or agency. Section 2 . Said Code Chapter is further amended by inserting in paragraphs (1) and (2) of subsection (c) of Code Section 74-404, immediately preceding the paragraphs beginning with the language Furthermore, I hereby certify that I have received an additional paragraph which reads as follows: Furthermore, I understand that under the provisions of Georgia law the Department of Human Resources is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of said child and I hereby agree to cooperate fully with said Department in the conduct of its investigation.

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Section 3. Said Code Chapter is further amended by striking paragraph (5) of subsection (c) of Code Section 74-404 in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) Whenever the biological mother surrenders her parental rights or consents to her child's adoption by her husband, she shall execute an affidavit setting forth: her name; relationship to the child; age; marital status; identity and last known address of her child's legal father, if any; the identity and last known address of the biological father of her child (provided she shall have the right not to disclose the name and address of the father of her child should she so desire); whether or not the biological father of the child has lived with the child, contributed to its support, provided for the mother's support (including medical care) during her pregnancy or during her hospitalization for the birth of the child, or made an attempt to legitimate the child; and, except in the case where her child is being adopted by her husband, all financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with her pregnancy and the birth of the child and the placement or arranging for the placement of the child for adoption (including the date, amount or value, description, payor and payee). Notwithstanding the provisions of the preceding sentence, financial assistance provided directly by the mother's husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead she only need state the nature of the assistance received. The affidavit required pursuant to this subsection shall be in substantially the following form: MOTHER'S AFFIDAVIT REGARDING PUTATIVE FATHER NOTICE TO MOTHER: This is an important legal document which deals with your child's right to have its biological father's rights properly terminated. You have the right not to disclose the name and address of the father of your child; however, should you decline to provide such information, understand that you may be required to appear in court to explain your refusal or your name may be used in connection with the publication of notice to the putative father. Understand that you are providing this affidavit under oath and that the information provided will be held in strict confidence and will be used only in connection with the adoption of your child.

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STATE OF GEORGIA COUNTY OF

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Section 4. Said Code Chapter is further amended by adding to the end of subsection (c) of Code Section 74-404 a new paragraph (6) to read as follows:

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(6) The consent as specified in Code Section 74-403(a)(3) shall conform substantially to the following: PARENTAL CONSENT TO STEPPARENT ADOPTION Section 5. Said Code Chapter is further amended by striking Code Section 74-405 in its entirety and substituting in lieu thereof a new Code Section 74-405 to read as follows: 74-405. Surrender or Termination of Parental Rights not Required. (a) Surrender or termination of parental rights as provided in Code Section 74-403 shall not be required as a prerequisite to the filing of a petition for adoption pursuant to subsections (a)(1), (a)(2), (a)(3), or (a)(4) of Code Section 74-403 where a child has been abandoned by a parent, or where such parent of a child can not be found after a diligent search has been made, or where such parent is insane or otherwise incapacitated from surrendering such rights and

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the court is of the opinion that the adoption is for the best interest of the child. (b) Surrender or termination of parental rights as provided in Code Section 74-403 shall not be required as a prerequisite to the filing of a petition for adoption pursuant to subsections (a)(3) or (a)(4) of Code Section 74-403 in the case of a parent who has failed significantly for a period of one year or longer immediately prior to the filing of the petition for adoption (1) to communicate, or to make a bona fide attempt to communicate with the child, or (2) to provide for the care and support of the child as required by law or judicial decree, and the court is of the opinion that the adoption is for the best interest of the child. (c) Whenever it is alleged by the petitioner(s) that surrender or termination of parental rights is not a prerequisite to the filing of a petition for adoption in accordance with provisions of subsection (a) or (b) above, the parent(s) shall be personally served with a confirmed copy of the adoption petition together with a copy of the court's order thereon specified in Code Section 74-408 or, if personal service can not be perfected, by registered or certified mail, return receipt requested, at his last known address. If service cannot be made by either of these methods, the parent(s) shall be given notice by publication once a week for three weeks in the official organ of the county where the petition has been filed. Section 6 . Said Code Chapter is further amended by striking from subsection (a) of Code Section 74-406 the following: or reasonably ascertainable, so that when so amended subsection (a) of Code Section 74-406 shall read as follows: (a) If the identity and location of a putative father of an illegitimate or legitimate child is known and he has not executed a surrender as provided in Code Section 74-404(c), then he shall be notified of the mother's surrender or her consent to the child's adoption by her husband, or the proceeding to terminate her parental rights by registered or certified mail, return receipt requested, at his last known address.

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Section 7 . Said Code Chapter is further amended by striking subsection (b) of Code Section 74-406 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) If the identify and location, or either, of the putative father of an illegitimate or legitimate child is not known and he has not executed a surrender as provided in Code Section 74-404(c), then: (1) Where the rights of the parent(s) or the guardian(s) of the child have been surrendered or terminated in accordance with provisions of Code Section 74-403(a)(1), the Department of Human Resources, or a licensed child-placing agency, may file a petition with the court under the authority of this subsection and the court shall within twenty (20) days of such filing conduct a hearing in chambers to determine the facts in the matter. The court shall be authorized to consider the affidavit of the mother specified in Code Section 74-404(c)(5) in making its determination hereunder. The court shall enter an order terminating the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate him without success, and if it finds that he has not lived with the child, nor contributed to its support, nor made any attempt to legitimate such child, and that he did not provide support for the mother (including medical care) either during her pregnancy or during her hospitalization for the birth of the child. If the court finds from the evidence that reasonable effort has not been made to identify and locate the putative father, it shall direct the Department of Human Resources, or a licensed child-placing agency, to expend such additional effort as the court shall specify in the identification and location of the putative father and to report the results of such additional efforts to the court and shall continue the hearing until such additional effort has been expended and results reported. If the court shall find from the evidence that the putative father either lived with the child, or contributed to its support, or attempted to legitimate said child, or provided support for the mother (including medical care) during her pregnancy or during her hospitalization for the birth of the child, then the court shall determine from the evidence whether such conduct by the putative father was sufficient to establish a familial bond between the putative father and the child. If the court shall find that such conduct was sufficient to establish such a familial bond, then the court shall enter an

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appropriate order designed to afford the putative father notice of the surrender, consent, or proceeding to terminate. The court shall not include the name of the mother in any public notice to the putative father if his name be known to the court. If the court shall find that such conduct was not sufficient to establish such a familial bond, then the court shall enter an order terminating the rights of the putative father. (2) Where the rights of the parent(s) or the guardian(s) of the child have been surrendered in accordance with provisions of Code Section 74-403(a)(2), (3), or (4), either the petitioner(s), the Department of Human Resources, or a licensed child-placing agency, shall file a motion with the court under the authority of this subsection and the court shall within twenty (20) days of such filing conduct a hearing in chambers to determine the facts in the matter. The court shall be authorized to consider the affidavit of the mother specified in Code Section 74-404(c)(5) in making its determination hereunder. The court shall enter an order terminating the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate him without success and if it finds that he has not lived with the child, nor contributed to its support, nor made any attempt to legitimate such child, and that he did not provide support for the mother (including medical care) either during her pregnancy or during her hospitalization for the birth of the child. If the court finds from the evidence that reasonable effort has not been made to identify and locate the putative father, it shall direct the petitioner(s), the Department of Human Resources, or a licensed child-placing agency, to expend such additional effort as the court shall specify in the identification and location of the putative father and to report the results of such additional efforts to the court and shall continue the hearing until such additional effort has been expended and results reported. If the court shall find from the evidence that the putative father either lived with the child, or contributed to its support, or attempted to legitimate said child, or provided support for the mother (including medical care) during her pregnancy or during her hospitalization for the birth of the child, then the court shall determine from the evidence whether such conduct by the putative father was sufficient to establish a familial bond between the putative father and the child. If the court shall find that such conduct was sufficient to establish such a

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familial bond, then the court shall enter an appropriate order designed to afford the putative father notice of the surrender, consent, or proceeding to terminate. The court shall not include the name of the mother in any public notice to the putative father if his name be known to the court. If the court shall find that such conduct was not sufficient to establish such a familial bond, then the court shall enter an order terminating the rights of the putative father. Section 8 . Said Code Chapter is further amended by striking subsection (a) of Code Section 74-407 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The petition, duly verified, together with one (1) conformed copy thereof, must be filed with the clerk of the superior court having jurisdiction and shall set forth the name, age, and place of the residence of the petitioner(s); the name by which the child is to be known should the adoption ultimately be completed; the date of birth and sex of the child; the date and circumstances of the placement of the child with petitioner(s); whether such child is possessed of any property and, if so, a full and complete description thereof; whether the child has one or both parents living; or whether the child has a guardian of its person. (1) Where the adoption is pursuant to Code Section 74-403(a)(1), an affidavit from the Department of Human Resources, or a licensed child-placing agency, shall be provided (or attached) when the petition is filed, stating that all provisions of Code Sections 74-403(a)(1), 74-404, and 74-406, if applicable, have been complied with along with the written consent of said Department or agency to the adoption. (2) Where the adoption is pursuant to Code Section 74-403(a)(2), the written voluntary surrender of such parent(s) or guardian(s), specified in Code Section 74-404(c)(2), together with the affidavit specified in Code Section 74-404(c)(5), shall be provided (or attached) when the petition is filed together with allegations of compliance with the provisions of Code Section 74-406, if applicable. (3) Where the adoption is pursuant to Code Section 74-403(a)(3), the written voluntary surrender of such parent(s), specified

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in Code Section 74-404(c)(1), if applicable, together with the affidavit specified in Code Section 74-404(c)(5), and the consent specified in Section 74-404(c)(6), shall be provided (or attached) when the petition is filed together with the allegations of compliance with the provisions of Code Section 74-406, if applicable. (4) Where the adoption is pursuant to Code Section 74-403(a)(4), the written voluntary surrender of such parent(s), specified in Code Section 74-404(c)(1), together with the affidavit specified in Code Section 74-404(c)(5), shall be provided (or attached) when the petition is filed together with allegations of compliance with the provisions of Code Section 74-406, if applicable. (5) Where the adoption is pursuant to Code Section 74-403(a)(2), (3), or (4), copies of appropriate certificates verifying allegations contained in the petition as to guardianship of the child sought to be adopted, the marriage of the petitioner(s), and the divorce or death of the parent(s) of the child sought to be adopted shall be attached when the petition is filed in support of the allegations contained therein. (6) Where Code Section 74-405 is applicable, the parental rights need not be surrendered or terminated prior to the filing of the petition but petitioner(s) shall allege facts demonstrating the applicability of Code Section 74-405 and allege compliance with the provisions of Code Section 74-405(c). If the petition is filed in a county other than that of the petitioners' residence, the reason therefor must also be set forth in the petition. At the time of filing of the petition, the petitioner(s) shall deposit with the clerk the deposit required by Code Section 24-3406, as amended, and the fees shall be those established by Code Section 24-2727, as amended. Section 9 . Said Code Chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 74-412 in its entirety and inserting in lieu thereof a new paragraph (2) of subsection (a) of Code Section 74-412 to read as follows:

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(2) The court shall examine the petition for adoption and the affidavit specified in Code Section 74-404(c)(5) to determine whether the provisions of Code Section 74-406 are applicable. If the court determines that the provisions of said Code Section 74-406 are applicable to the petition, it shall either enter an order consistent with the provisions of said Code Section 74-406 or determine that such appropriate order has previously been entered. Section 10 . Said Code Chapter is further amended by adding at the end of subsection (a) of Code Section 74-412 a new paragraph (3) to read as follows: (3) If the adoption petition is filed pursuant to the provisions of Code Section 74-403(a)(2), the court shall examine the financial disclosures required under the provisions of Code Section 74-407(b) and (d) and make such further examination of the petitioner(s) and his attorney as the court deems appropriate in order to make a determination as to whether there is cause to believe the provisions of Code Section 74-418 have been violated with regard to the `inducement' of the placement of the child for adoption. Should the court determine that further inquiry is in order, the court shall direct the district attorney for the county to review the matter further and take such appropriate action as the district attorney in his discretion deems appropriate. Section 11 . Said Code Chapter is further amended by striking subsection (b) of Code Section 74-412 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) If the court is satisfied that the parent(s) or guardian(s) of the child has surrendered or had terminated all his rights to said child in the manner provided by law prior to the filing of the petition for adoption, or that the petitioner(s) has satisfied his burden of proof under the provisions of Code Section 74-405, and that the petitioner(s) is capable of assuming responsibility for the care, supervision, training, and education of the child, and that the child is suitable for adoption in a private family home and that the adoption requested is for the best interest of the child, it shall enter a decree of adoption, terminating all the rights of the parent(s) or guardian(s) to said child, granting the permanent custody of the child to the petitioner(s), naming the child as prayed for in the petition, and declaring said child to be the adopted child of the petitioner(s). In

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all cases wherein the provisions of Code Section 74-405 are relied upon by the petitioner(s) as a basis for the termination of parental rights, the court shall include in the decree of adoption appropriate findings of fact and conclusions of law relating to the applicability of Code Section 74-405. Section 12 . Said Code Chapter is further amended by striking Code Section 74-417 in its entirety and inserting in lieu thereof a new Code Section 74-417 to read as follows: 74-417. Records; Where Kept; Examination. The original petition, all amendments and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report of the investigating agent as provided for in Code Section 74-409, shall be recorded in a book kept for that purpose and properly indexed; and such book shall be part of the records of the court in each county that has jurisdiction over matters of adoption in that county. All of the records of the court granting the adoption (including the docket book), and of the Department of Human Resources, and the licensed child-placing agency, that relate in any manner to the adoption, shall be kept sealed and locked and can only be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction with not less that ten (10) days written notice to the Department of Human Resources and appropriate licensed child-placing agency, the matter has come on before the court in chambers and the court has entered an order permitting such examination. Notwithstanding the provisions of the immediately preceding sentence, the Department of Human Resources or the licensed child-placing agency may in its sole discretion make use of any information contained in said records of the respective Department or agency relating to the adoptive parents in connection with a subsequent adoption matter involving the same adoptive parents. The records relating in any manner to adoption shall not be open to the general public for inspection. Section 13 . Said Code Chapter is further amended by adding at the end of subsection (a) of Code Section 74-418 the following: As used herein, `inducements' shall be defined to include any financial assistance, either direct or indirect, from whatever source,

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except the payment or reimbursement of the medical expenses directly related to the mother's pregnancy and hospitalization for the birth of the child and medical care for the child., so that when so amended subsection (a) of Code Section 74-418 shall read as follows: (a) It shall be unlawful for any person or persons, organizations, corporation, hospital, or association of any kind whatsoever which has not been established as a licensed child-placing agency by the Department of Human Resources to advertise in any periodical, by television, by radio, or any other public medium, or by any private means including letters, circulars, handbills, and oral statements, that they will adopt children or arrange for, or cause children to be adopted or placed for adoption or to directly or indirectly hold out inducements to parents to part with their children. As used herein, `inducements' shall be defined to include any financial assistance, either direct or indirect, from whatever source, except the payment or reimbursement of the medical expenses directly related to the mother's pregnancy and hospitalization for the birth of the child and medical care for the child. Section 14 . Said Code Chapter is further amended by adding a new Code Section, immediately following Code Section 74-418, to be designated as Code Section 74-419, to read as follows: 74-419. Effect of Prior Consents. A written consent or surrender executed on or before December 31, 1977, shall for purposes of an adoption proceeding commenced on or after January 1, 1978, be deemed to satisfy the surrender requirements of this Code Chapter, as amended, and it shall not be necessary to have the parent(s) or guardian(s) execute the documents required by Code Section 74-404, as amended; however, all other applicable provisions of this Code Chapter, as amended, must be complied with. 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

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Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 16 . This Act shall become effective July 1, 1979. Section 17 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979. TEACHERS' RETIREMENT SYSTEM OF GEORGIA ACT AMENDED. No. 620 (House Bill No. 303). 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 change the provisions relative to membership; to define certain terms; to provide that certain teachers shall become members; to provide that certain teachers may elect to become members; to provide for the method and the conditions under which certain teachers may become members; to provide for the payment of funds to the Board of Trustees so as to insure the actuarial and financial soundness of the Retirement System; to change the powers and duties of the Board of Trustees; to provide for certain powers and duties on the part of fiscal authorities or other governing bodies of local retirement funds or independent school systems; to provide for certain powers and duties of the Fiscal Division of the Department of Administrative Services and the State Board of Education so as to insure that the Retirement System receives the payment of funds required under the provisions of this Act; to provide for non-severability; to provide for other matters relative to the foregoing; to establish an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . An Act 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 Section 9 a new subsection (8) to read as follows: (8)(a) As used in this subsection: (i) `Municipality' means any municipality of this State having a population of 300,000 or more according to the United States Decennial Census of 1970 or any future such census. (ii) `Independent school system' means the independent school system of a municipality defined by subparagraph (i) above. (iii) `Local retirement fund' means a local retirement fund covering teachers employed by an independent school system as defined by subparagraph (ii) above. (iv) `Teacher' means any `teacher', as defined by subsection (5) of Section 1 of the Teachers' Retirement System Act, who is employed by an independent school system as defined by subparagraph (ii) above. (b) Any teacher who is employed by an independent school system after July 1, 1979, shall become a member of the Teachers' Retirement System as a condition of employment, and such teacher shall not be eligible for membership in a local retirement fund. (c) Teachers who are actively employed on July 1, 1979, by an employer having a local retirement fund, may elect to transfer from membership in the local retirement fund to membership in the Teachers' Retirement System effective July 1, 1979. Such election must be made before July 1, 1979, in a manner prescribed by the Board of Trustees. All such teachers who transfer their membership to the Teachers' Retirement System as provided herein shall receive creditable service under

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the Teachers' Retirement System equivalent to the creditable service such teachers had under the local retirement fund as of the date all payments are made as provided in paragraphs (d) and (e) of this subsection; provided, however, that no creditable service shall be granted for service which would not otherwise be allowable under the provisions of the Teachers' Retirement System Act. The Board of Trustees shall cause the records of such transferred teachers, after verification in the manner prescribed by the Board, to reflect such creditable service. (d) For each teacher becoming a member of the Teachers' Retirement System pursuant to paragraph (c) of this subsection, the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall be empowered and shall have the duty to pay to the Board of Trustees the amount of contributions paid by such teacher to the local retirement fund, credited to each such teacher under the local retirement fund, together with applicable accrued regular interest (as determined by the Board of Trustees) to the date of payment. The fiscal authority or other governing body shall have the duty to notify the Board of Trustees as to the amount paid on behalf of each such teacher. Such payment shall and must be made to the Board of Trustees by not later than October 1, 1979, or by the date of retirement of any teachers who retire prior to October 1, 1979, whichever is earlier. (e) Each teacher becoming a member of the Teachers' Retirement System pursuant to paragraph (c) of this subsection shall pay to the Board of Trustees the amount of contributions which would have been paid by the teacher to the Teachers' Retirement System had the teacher been a member of the Teachers' Retirement System during the period of creditable service established pursuant to paragraph (c) of this subsection, plus the applicable accrued regular interest (as determined by the Board of Trustees) which would have accumulated on such contributions, less the amount paid on behalf of each such teacher pursuant to paragraph (d) of this subsection. Such payment shall and must be made to the Board of Trustees in the manner prescribed by the Board of Trustees by not later than January 1, 1982, or by the date of retirement for any teacher who retires prior to January 1, 1982, whichever is earlier.

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(f) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest, shall be empowered to pay and shall have the duty to pay to the Board of Trustees an amount of employer contributions (not less than zero) actuarially determined by the Board of Trustees under the following formula: A = Amount of employer contributions. B = Unfunded accrued liability, determined as of June 30, 1979, of those teachers who transfer to the Teachers' Retirement System pursuant to paragraph (c) of this subsection, determined on the basis of the same methods and assumptions used in preparing the regular annual actuarial evaluation as if those teachers who transfer had been members of the Teachers' Retirement System on June 30, 1979, less the payments made pursuant to paragraphs (d) and (e) of this subsection. C = Unfunded accrued liability, determined as of June 30, 1979, of the Teachers' Retirement System, determined without regard to any teacher in the employ of an independent school system as defined in paragraph (a) of this subsection. D = The total annual earnable compensation for the fiscal year ending June 30, 1979, of members of the Teachers' Retirement System, plus the annual State compensation for the fiscal year ending June 30, 1979, of members of local retirement funds other than a local retirement fund defined in paragraph (a) of this subsection.

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E = The total earnable compensation for the fiscal year ending June 30, 1979, of those teachers who transfer to the Teachers' Retirement System pursuant to paragraph (c) of this subsection. (g) Payment of the amount determined under paragraph (f) shall be made to the Board of Trustees in thirty-nine (39) equal annual installments to be paid by June 30 of each year beginning on June 30, 1980, in the manner prescribed by the Board of Trustees. In addition to the installments of the amount determined under paragraph (f), annual interest shall be added to each payment computed on the unpaid balance of the amount determined under paragraph (f) at a rate equal to the average rate of return on fixed income investments made by the Teachers' Retirement System during the preceding calendar year. By May 1 of each year, the Board of Trustees shall notify the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest, as to the amount due by the following June 30. The amount in the notification will include the interest as computed pursuant to this paragraph and shall and must be paid by the following June 30. The fiscal authority or other governing body, by whatever name designated of the local retirement fund or the independent school system, or both, or their successors in interest, shall be empowered to pay and shall have the duty to pay this interest. (h) The employer of any teachers who become members of the Teachers' Retirement System under this subsection, and any teachers who become members of the Teachers' Retirement System under this subsection, shall have all the rights, obligations and duties provided for under this subsection and as provided by any other provisions of the Teachers' Retirement System Act. (i) Should the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest, refuse or fail to make any payment required by this subsection, it shall be the duty of the Board of Trustees to notify the Fiscal Division of the Department of Administrative Services and

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the State Board of Education of such refusal or failure, and thereupon it shall be the duty of the Fiscal Division of the Department of Administrative Services and the State Board of Education to withhold from such fiscal authority or other governing body any State appropriations or any other funds which would be allocated or allocable for educational purposes to such fiscal authority or other governing body until the Fiscal Division of the Department of Administrative Services and the State Board of Education receives authorization from the Board of Trustees to release such funds. The Fiscal Division of the Department of Administrative Services and the State Board of Education are hereby authorized and directed, upon certified request of the Board of Trustees, to remit to the Board of Trustees from such withheld funds the amount necessary to cover the amount which the fiscal authority or other governing body has refused or failed to pay to the Board of Trustees under the provisions of this subsection. It shall be illegal for the Fiscal Division of the Department of Administrative Services and the State Board of Education to pay out or release such funds, after notice from the Board of Trustees, until and unless compliance with the provisions of this subsection is achieved. The Fiscal Division of the Department of Administrative Services and the State Board of Education are authorized to release the remainder of all such withheld funds upon authorization from the Board of Trustees. (j) Notwithstanding any of the provisions of this subsection to the contrary, should the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest, refuse or fail to make the payments specified in paragraphs (d), (f) and (g) of this subsection, and should the provisions of paragraph (i) fail to sufficiently and completely cover the amount of such nonpayment or payment failure, the teachers transferring to the Teachers' Retirement System pursuant to paragraph (c) of this subsection shall incur a pro rata reduction in creditable service and/or retirement allowances, to be determined by the Board of Trustees, sufficient to financially and actuarially compensate for the failure or refusal of payment or the inability or nonavailability of funds from which to cover the payment failure or refusal of payment.

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(k) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the independent school system, or both, or their successors in interest, shall make such certifications as are requested by the Board of Trustees to implement and effectuate the provisions of this subsection. (l) No provision of this subsection shall be construed to result in any increase in the rate of employer contributions paid by employers based on the part of the earnable compensation of members not payable from State teachers' salary funds or from other funds of the State. (m) No provision of this subsection shall be construed to result in any increase in the rate of employee contributions paid by employees other than those employees who become members of the Teachers' Retirement System pursuant to the provisions of this subsection. 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 affect the other sections, subsections, sentences, clauses or phrases of this Act. 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 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 16, 1979.

"GA1979.1.1203">

GEORGIA REAL ESTATE COMMISSION ACT AMENDED. Code Chapter 84-14 Amended. No. 621 (House Bill No. 314). AN ACT To amend Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, so as to provide for the appointment and annual compensation of the Real Estate Commissioner; to provide for certain qualifications; to change the provisions relating to licenses and the qualifications therefor; to authorize investigations and issuance of subpoenas; to provide for sanctions; to provide that investigative records of the Real Estate Commission remain confidential; to provide for a real estate education, research, and recovery fund; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-14, relating to real estate brokers and salesmen, as amended, is hereby amended by striking paragraph (1) of subsection (c) of Code Section 84-1405, concerning the appointment and compensation of the Real Estate Commissioner, in its entirety and inserting in lieu thereof a new paragraph (1), to read as follows: (1) The Commissioner shall be a full-time employee of the Commission and shall serve as the chief executive officer of the Commission. The Real Estate Commission shall appoint the Real Estate Commissioner and fix his annual salary. Any person, in order to qualify for appointment to the office of Real Estate Commissioner, shall be a person of good moral character and shall posess such qualifications as the Commission may require. The Real Estate Commissioner shall hold no interest in any real estate business or related business while serving as Commissioner. Section 2. Said Code Chapter is further amended by striking in its entirety Code Section 84-1411, concerning qualifications, and inserting in lieu thereof a new Code Section 84-1411 to read as follows:

"GA1979.1.1204">

84-1411. Qualifications. (a) No broker's, associate broker's, or salesperson's license shall be issued to any person who has not attained the age of 18 years nor to any person who is not a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 84-1415. No new broker's, associate broker's, or salesperson's license shall be issued to any person who is not a high school graduate or the holder of a certificate of equivalency. (b) Each applicant for a broker's examination shall have first served actively for three years as a licensed salesperson and (1) shall furnish evidence of completion of sixty in-class hours in a broker's course of study approved by the Commission, or in lieu thereof, a correspondence course for brokers approved by the Commission, or (2) shall furnish an official transcript showing that the applicant has successfully completed at least fifteen quarter hours or nine semester hours in real estate subjects as determined by the Commission at any accredited university or college in the United States. Each applicant for a salesperson's examination shall (1) furnish evidence of completion of twenty-four in-class hours in a salesperson's course of study approved by the Commission or, in lieu thereof, a correspondence course for salespersons approved by the Commission, or (2) furnish an official transcript that he has successfully completed at least five quarter hours or three semester hours in real estate subjects as determined by the Commission at any accredited university or college in the United States. Each applicant for license shall stand a real estate examination covering generally the matters confronting real estate brokers and salespersons. Such examinations may be taken before the Commission or any person designated by the said Commission. Failure to pass the examination shall be grounds for denial of license without further hearing. (c) Effective January 1, 1980, upon being issued an original salesperson's license, each salesperson shall be required to furnish the Commission, within two years of the issuance of a license, evidence of satisfactory completion of a course of study not to exceed eighty in-class hours approved by the Commission. At least half of these required hours shall be completed within one year from the date of issuance of the license and satisfactory proof thereof forwarded to the Commission by the licensee within one year from the date of issuance of the license.

"GA1979.1.1205">

(d) Effective January 1, 1982, each applicant for renewal of a license must furnish, to the Commission, evidence of having attended a continuing education course not to exceed six hours of in-class study in a course approved by the Commission. This requirement of continuing education must be met for each renewal period. The Commission shall not require the passing of an examination to meet this requirement. Those persons actively licensed as of January 1, 1980, are excluded from the requirements of this subsection. The in-class study course will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. (e) Instructors in all of the approved courses cited herein must be approved by the Commission and, where the Commission deems necessary, receive any special instruction the Commission may require. (f) Failure to complete any of the educational requirements as herein provided shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of this Chapter. (g) No licensee who has allowed his license to lapse, due to nonpayment of fees, shall be allowed to reinstate his license as provided by subsection (d) of Code Section 84-1412 unless the educational provisions of this Section have been met. (h) The Commission may prepare and distribute to licensees under this Chapter educational material deemed of assistance in the conduct of their business. Section 3. Said Code Chapter is further amended by striking in its entirety, the first unnumbered paragraph of Code Section 84-1421, concerning unfair practices, and inserting in lieu thereof new unnumbered paragraphs to read as follows: The Commission may, upon its own motion, and shall upon the sworn complaint in writing of any person, investigate the actions of any real estate broker, associate broker, salesperson, or real estate courses and instructors approved by the Commission. Any person authorized to conduct an investigation on behalf of the Commission

"GA1979.1.1206">

shall have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the Commission. After the service of a notice of hearing, the Real Estate Commissioner or Chairman of the Real Estate Commission may issue subpoenas to compel production of such writings, documents, or material either on behalf of the Commission or at the request of a respondent. The Real Estate Commission or the respondent may apply to the Superior Court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with such an order shall be punishable as for contempt of court. The results of all investigations shall be reported only to the Commission or to the Real Estate Commissioner and the records of such investigations shall not be subject to subpoena. Records of investigations shall be kept by the Commission and no part of any investigative record shall be released for any purpose other than a hearing before the Commission or its designated hearing officer; review by the respondent after the service of a notice of hearing; review by the Commission's legal counsel; or an appeal of a decision by the Commission to a court of competent jurisdiction. After service of a notice of hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent. After holding a hearing in accordance with the Administrative Procedure Act, the Commission shall have the power to censure licensees and approved schools or instructors; to revoke or suspend any license issued under this Chapter; to revoke or suspend approval of any school or instructor; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or any combination of these sanctions which the Commission may deem appropriate whenever a license, school, or instructor approval has been obtained by false or fraudulent representation or whenever a licensee, approved school, on instructor has been found guilty of a violation of the provisions of this Chapter, or of the rules and regulations promulgated by the Commission, or of any unfair trade practices, including, but not limited to, the following:. Section 4 . Said Code Chapter is further amended by striking Code Section 84-1424, concerning a real estate recovery fund, in its

"GA1979.1.1207">

entirety and inserting in lieu thereof a new Code Section 84-1424 to read as follows: 84-1424. Real estate education, research, and recovery fund; exceptions; fees. The Commission is authorized and directed to establish and maintain a real estate education, research, and recovery fund. All funds in the real estate recovery fund established by Ga. Laws 1973, p. 100 shall be transferred to and utilized through the real estate education, research, and recovery fund. (a) The Commission shall maintain a minimum balance of $500,000.00 in the real estate education, research, and recovery fund from which any person, except bonding companies when they are not principals in a real estate transaction, aggrieved by an act, representation, transaction or conduct of a duly licensed broker, associate broker, or salesperson which is in violation of the provisions of this Chapter or of the rules and regulations of the Commission promulgated pursuant thereto, may recover by order of any court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct; provided, that nothing shall be construed to obligate the fund for more than $10,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate involved in such transaction. In addition: (1) The liability of the fund for the acts of a duly licensed broker, associate broker, or salesperson, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $20,000.00 on behalf of such licensee. (2) A licensee acting as a principal or agent in a real estate transaction has no claim against the fund. When any person makes application for an original license to practice as a real estate broker or associate broker, he shall pay, in addition to his original license fee, a fee of $20.00 for deposit in the education, research, and recovery fund. When any person makes application for an original license to practice as a salesperson, he shall pay, in addition to his original license fee, a fee of $10.00 for deposit in the education, research, and recovery fund. In the event

"GA1979.1.1208">

that the Commission does not issue a license, this fee shall be returned to the applicant. (b) (1) No action for a judgment which subsequently results in an order for collection from the real estate education, research, and recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person commences action for a judgment which may result in collection from the real estate education, research, and recovery fund, the aggrieved person shall notify the Commission in writing, by certified mail, return receipt requested, to this effect at the time of the commencement of such action. The Commission shall have the right to intervene in and defend any such action. (2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensed broker, associate broker, or salesperson for any act, representation, transaction, or conduct which is in violation of the provisions of this Chapter or of the regulations promulgated pursuant thereto, which occurred on or after July 1, 1973, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the Commission, may apply to the court for an order directing payment out of the real estate education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Section. (3) The court shall proceed upon such application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show: (A) he is not a spouse or debtor, or the personal representative of such spouse; (B) he has complied with all the requirements of this Section; (C) he has obtained a judgment, as set out in subsection (b)(2) of this Section, stating the amount thereof and the amount owing thereon at the date of the application and,

"GA1979.1.1209">

that in such action, he had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties; (D) he has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judgment after application thereon of the amount realized; (E) he has caused the judgment debtor to make discovery under oath concerning his property, in accordance with the `Georgia Civil Practice Act,' approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended; (F) he has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment; (G) that by such search he has discovered no personal or real property or other assets liable to be sold or applied, or that he has discovered certain of them, describing them, owned by the judgment debtor and liable to be so applied, and that he has taken all necessary action and proceedings for the realization thereof, and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; (H) that the following items, if any, as recovered by him, have been applied to the actual or compensatory damages awarded by the court; (i) any amount recovered from the judgment debtor or debtors;

"GA1979.1.1210">

(ii) any amount recovered from the bonding company or companies; (iii) any amount recovered in out-of-court settlements as to particular defendants. (4) Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G) and (H) of subsection (b)(3) of this Section and that the aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements. (5) The court shall make an order directed to the Commission requiring payment from the real estate education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by subsection (b)(3) of this Section and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to him for recovering the amount awarded by the judgment of the court. (6) Should the Commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensed broker, associate broker, or salesperson, the license of such broker, associate broker, or salesperson shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a corporation or partnership, the license of the qualifying broker of the corporation or partnership shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such broker, associate broker, or salesperson shall be eligible to receive a new license until he has repaid in full, plus interest at the rate of six percent a year, the amount paid from the real estate education, research, and recovery fund on his account. A discharge in bankruptcy shall

"GA1979.1.1211">

not relieve a person from the penalties and disabilities provided in this subsection. (7) If, at any time, the money deposited in the real estate education, research, and recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the Commission shall, when sufficient money has been deposited in the real estate education, research, and recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of four percent a year. (c) The sums received by the Commission pursuant to any provisions of this Section shall be deposited into the State treasury and held in a special fund to be known as the `Real Estate Education, Research, and Recovery Fund' and shall be held by the Commission in trust for carrying out the purposes of this Section. These funds may be invested in any investments which are legal for domestic life insurance companies under the laws of this State, and the interest from these investments shall be deposited to the credit of the real estate education, research, and recovery fund and shall be available for the same purposes as all other money deposited in the real estate education, research, and recovery fund. (d) It shall be unlawful for any person or his agent to file with the Commission any notice, statement, or other document required under the provisions of this Section which is false, untrue, or contains any material misstatement of fact and shall constitute a misdemeanor. (e) When the Commission receives notice, as provided in subsection (b), the Commission may enter an appearance, file an answer, appear at the court hearing, defend the action, or take whatever other action it may deem appropriate on behalf and in the name of the defendant, and take recourse through any appropriate method of review on behalf and in the name of the defendant. (f) When, upon the order of the court, the Commission has paid from the real estate education, research, and recovery fund any sum to the judgment creditor, the Commission shall be subrogated to all of the rights of the judgment creditor, and the judgment creditor shall assign all his right, title, and interest in the judgment to the

"GA1979.1.1212">

Commission before any payment is made from the real estate education, research, and recovery fund, and any amount and interest so recovered by the Commission on the judgment shall be deposited to the fund. (g) The failure of an aggrieved person to comply with all of the provisions of this Section shall constitute a waiver of any rights hereunder. (h) The Commission, in its discretion, may use any and all funds, in excess of the $500,000.00 required by paragraph (a) of this Section, regardless of whether such funds are from the real estate education, research, and recovery fund or from accrued interest thereon, for the purpose of helping to underwrite the cost of the continuing education provisions of this Act enumerated in Section 84-1411. Provided, however, that the Commission shall not expend or commit sums for educational or research purposes in such amounts that would cause the real estate educational, research, and recovery fund to be reduced to an amount less than $500,000.00. (i) In addition to the license fees provided for in this Chapter, the Commission, in its discretion and based upon the need to insure that a minimum balance of $500,000.00 is maintained in the real estate education, research, and recovery fund, may assess each licensee, only upon renewal of his license, an amount not to exceed $30.00 per year. 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 16, 1979.

"GA1979.1.1213">

GEORGIA MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT. No. 622 (House Bill No. 424). AN ACT To be known as the Georgia Motor Vehicle Emission Inspection and Maintenance Act; to provide findings of legislative fact with respect to the air quality in this State; to declare the public policy of the State of Georgia with respect to providing a legally enforceable mechanism for monitoring and limiting emissions of hydrocarbons and carbon monoxide from certain light-duty motor vehicles in certain counties of this State for the purpose of improving and protecting the ambient air quality in those counties of the State where the ambient air levels of photochemical oxidants (ozone) or carbon monoxide are in excess of the National Ambient Air Quality Standards; to designate responsible agencies and officials under the Act; to define terms; to declare the scope of operation of the Act; to establish general requirements for the inspection and maintenance of responsible motor vehicles and to specify the conditions under which such requirements shall be applicable; to vest in the Board of Natural Resources certain powers and duties to specify standards, limitations, specifications, qualifications, procedures, methods, criteria, and other requirements to be applied to responsible motor vehicles, inspection stations, inspection equipment, and inspection personnel; to provide that responsible motor vehicles subject to inspection or maintenance requirements under the Act be inspected once during any twelve-month period of applicability and to require for such responsible motor vehicle during any such twelve-month period a certificate of emission inspection issued by an emission inspection station upon inspection and approval by a permitted mechanic inspector; to provide conditions under which a permitted mechanic inspector may issue a certificate of emission inspection with respect to a responsible motor vehicle; to provide for issuance of a certificate of emission inspection and to specify the terms for the issuance of such a certificate; to provide for the reinspection and a subsequent third inspection, if necessary, during any twelve-month period of applicability, and to provide for an interim certificate of emission inspection under certain conditions; to provide for the issuance of a certificate of emission inspection in the case of a motor vehicle which has failed the initial inspection,

"GA1979.1.1214">

the reinspection, and a third inspection, and to provide the conditions and requirements which must be met for the issuance of a certificate of inspection under such circumstances; to provide a date on and after which a certificate of emission inspection must be obtained with respect to a responsible motor vehicle subject to the requirements of the Act; to provide the conditions under which a certificate of emission inspection may be issued during the first or initial twelve-month period of applicability; to provide the conditions under which a certificate of emission inspection may be issued in any twelve-month period of applicability subsequent to the initial twelve-month period of applicability; to provide for the display of certificates of emission inspection upon affected responsible motor vehicles and to provide the contents of such certificates of emission inspection and to provide an expiration date for such certificates; to provide procedures to be used by the Commissioner of Public Safety in issuing certificates of authorization to motor vehicle garages and other establishments applying to the Commissioner for a certificate authorizing such establishment to issue certificates of emission inspection with respect to responsible motor vehicles required to be inspected under this Act; to provide a requirement for garage owner's liability insurance or a bond for establishments to be issued certificates of authorization; to provide the conditions under which the Commissioner of Public Safety may issue a certificate of authorization to an establishment which is to become an official emission inspection station; to provide that the Commissioner of Public Safety may consolidate the certification or licensing procedure for official emission inspection stations with any similar licensing or certification program established for licensing Georgia motor vehicle safety inspection stations; to provide that the Commissioner of Public Safety shall establish a procedure for the permitting of mechanic inspectors authorized to conduct inspections required by this Act; to provide conditions under which official emission inspection stations may operate; to provide that the Department of Public Safety shall supervise and inspect such emission inspection stations for compliance with the requirements of this Act; to establish a fee of $3.00 for an emission inspection and emission control equipment inspection under the Act and to provide for the payment of $.25 of such fee to the Commissioner of Public Safety as a regulatory fee; to provide the conditions under which the sale of a responsible motor vehicle required to have a certificate of emission inspection under this Act shall be unlawful, unless such responsible motor vehicle has an unexpired valid certificate of emission inspection, and to provide

"GA1979.1.1215">

punishment upon conviction of such an unlawful act; to prohibit establishments from improperly representing themselves as official emission inspection stations; to prohibit the use of false certificates of emission inspection and to prohibit the possession or display of counterfeit certificates of emission inspection; to make it unlawful to operate or permit the operation on any highway in this State of a responsible motor vehicle which is required to have a certificate of emission inspection unless a valid official certificate of emission inspection is displayed on such vehicle; to make it unlawful to register or license, or cause to be registered or licensed, a responsible motor vehicle in any county other than the county wherein such vehicle is otherwise required by law to be registered or licensed for the purpose of avoiding the requirements of this Act; to make it unlawful to render unserviceable by removal, alteration or other interference with its operation, any emission control equipment required on any responsible motor vehicle for the purposes of avoiding the requirements of this Act; to provide that violation of the Act is a misdemeanor and to provide punishment upon conviction of a violation; to authorize the Commissioner of Public Safety to implement the provisions of the Act assigned to the Commissioner or to the Department of Public Safety by the terms of the Act by promulgating rules or regulations; and to provide that rules or regulations duly promulgated by the Commissioner or by the Board of Natural Resources under the Act shall have the force of law; to provide other requirements with respect to or related to applicability of the Act, certificates of emission inspection, issuance of certificates, requirements for responsible motor vehicles, motor vehicle emission inspections, motor vehicle emission control equipment inspection and maintenance, emission inspection stations, emission inspection equipment and personnel, and unlawful activities; to provide for severability in the case of invalidity; 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 Motor Vehicle Emission Inspection and Maintenance Act. Section 2. Legislative Findings. With respect to the ambient air quality in this State, the legislature finds that:

"GA1979.1.1216">

(1) Some counties of the State have ambient air levels of photochemical oxidants (ozone) or carbon monoxide in excess of the National Ambient Air Quality Standards (NAAQS) for such pollutants specified by the United States Environmental Protection Agency (USEPA) pursuant to the Federal Clean Air Act (42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. Section 7401, et seq., as amended); and that in all such cases, such excess levels in such counties are directly related to emissions of hydrocarbons and carbon monoxide from responsible motor vehicles registered or licensed (as below) in counties wherein more than 200,000 motor vehicles are registered or licensed pursuant to or subject to the requirements of Ga. Laws 1927, pp. 226, et seq., as amended, or Ga. Laws 1955, pp. 659, et seq., as amended. (2) In order to comply with federal health-related air standards, it is necessary to monitor and limit emissions of hydrocarbons and carbon monoxide from responsible motor vehicles registered or licensed in counties wherein more than 200,000 motor vehicles are so registered. (3) The USEPA has the duty, by law, to designate those areas of the State violating the NAAQS and has and will from time to time as facts dictate designate those areas then violating the NAAQS for photochemical oxidants (ozone) and carbon monoxide. (4) With respect to such designations, when areas are designated to have ambient air levels of pollutants in excess of the NAAQS, the State is under a duty to provide a plan for reducing the ambient air levels of pollutants found to be in excess if the State is to maintain its authority to permit new or expanded industry in such areas. (5) Failure of the State to provide a legally enforceable mechanism pursuant to State law for reducing such pollutants in such areas to levels within the NAAQS will result in such a mechanism subsequently being devised by USEPA and enforced in such areas pursuant to federal law, and could result in a significant loss of federal funds for sewage treatment plants, transportation projects, and air quality improvement funds; further, no new or expanded industry which would contribute to the ambient air level of such pollutants could be permitted to construct or operate in any such area.

"GA1979.1.1217">

Section 3. Policy. It is hereby declared to be the public policy of the State of Georgia as expressed in this Act to preserve, protect and improve air quality in those counties of the State where the ambient air levels of photochemical oxidants (ozone) or carbon monoxide are in excess of the NAAQS, as designated by USEPA; and to that end, to provide a legally enforceable mechanism for the attainment and maintenance of the NAAQS of such pollutants in such counties by requiring that emissions of hydrocarbons and carbon monoxide from responsible motor vehicles registered or licensed in counties wherein more than 200,000 motor vehicles are registered or licensed comply with emission standards or limitations established under this Act and that such responsible motor vehicles be subject to inspection of emissions and inspection and maintenance of emission control equipment to insure compliance with such emission standards. Section 4. Responsible Agencies. The Department of Public Safety and the Commissioner of Public Safety of Georgia are hereby designated as the State agency and official, respectively, to implement the inspection and certification requirements of this Act as further provided herein. The Board of Natural Resources and the Director of the Environmental Protection Division of the Department of Natural Resources are hereby designated as the State agency and official, respectively, to establish emission standards and standards and procedures governing equipment, personnel and facilities conducting required inspections as further provided herein. Section 5. Definitions. (1) Certificate of authorization means a permit issued by the Department of Public Safety to each establishment designated as an official emission inspection station. (2) Certificate of emission inspection means an official certificate that emissions and emission control equipment have been inspected and approved. Such certificates will be furnished to official emission inspection stations by the Department of Public Safety to be completed and issued by such stations to the owner or operator of a responsible motor vehicle upon inspection and approval of that vehicle following completion of any inspection or inspection and maintenance required by this Act.

"GA1979.1.1218">

(3) Emission inspection station means a motor vehicle dealership, garage, service station or other establishment designated by the Department of Public Safety as an official responsible motor vehicle emission inspection station to carry out the emission inspections required by this Act. (4) Exhaust emission means: (a) The act of releasing hydrocarbons or carbon monoxide into the ambient air by means of a motor vehicle exhaust system, or (b) The material so passed into the ambient air. (5) Evaporative emission means: (a) The act of releasing hydrocarbons into the ambient air by means of evaporation from a motor vehicle, or (b) The material so passed into the ambient air. (6) Gross weight means the manufacturer's gross weight rating for the individual vehicle. (7) Highway means any road or way, publicly maintained and open for use by the public for vehicular traffic. (8) Hydrocarbons means any compound containing carbon and hydrogen. (9) Motor vehicle means any contrivance propelled by power other than muscular power, used for transportation of persons or property on highways, not operated exclusively upon tracks. (10) Mechanic inspector means a natural person approved and issued a permit by the Department of Public Safety to perform the emission inspections required by this Act. (11) Model year means the manufacturer's annual production period, as determined by the Director of the Environmental Protection Division of the Department of Natural Resources. Provided that if the manufacturer has no annual production period, the term

"GA1979.1.1219">

model year shall mean the calendar year. The model year shall be determined by the vehicle identification number appearing on the vehicle. (12) Responsible motor vehicle as used in this Act means any motor vehicle propelled by gasoline combustion power, with a gross weight of less than 6000 pounds, excluding (i) any motorcycle (as defined in Ga. Laws 1927, pp. 226, et seq., as amended; Ga. Code Ann. Section 68-101), (ii) any motor vehicle not designed primarily for highway use, and (iii) any motor vehicle manufactured in a model year ending more than nine calendar years prior to January 1 of the calendar year in which the Act is being or is sought to be enforced. (13) National Ambient Air Quality Standards means those allowable ambient air concentrations for pollutants (including photochemical oxidants (ozone) and carbon monoxide) specified by USEPA pursuant to 42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. Section 7401, et seq., as amended. (14) Photochemical oxidant means ozone. (15) Board means Board of Natural Resources of the State of Georgia. (16) Director means the Director of the Environmental Protection Division of the Department of Natural Resources of the State of Georgia. (17) Department means the Department of Public Safety of the State of Georgia. (18) Commissioner means the Commissioner of the Department of Public Safety. (19) Federal Clean Air Act means 42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. Section 7401, et seq., as amended.

"GA1979.1.1220">

(20) USEPA means the United States Environmental Protection Agency. (21) NAAQS means the National Ambient Air Quality Standards for air pollutants prescribed by USEPA pursuant to the Federal Clean Air Act. (22) Person means any natural person or individual, corporation, partnership, association, State or federal government, political subdivision, agency or instrumentality of the State or federal government or any other entity. Section 6. Operation of the Act. This Act shall operate uniformly throughout the State. In all counties of this State wherein there are registered or licensed, pursuant to or subject to the requirements of Ga. Laws 1927, pp. 226, et seq., as amended, or Ga. Laws 1955, pp. 659, et seq., as amended, as of April 1 of a given calendar year, in any calendar year after the enactment of this Act, more than 200,000 motor vehicles as defined in this Act, all the provisions or requirements of this Act shall apply to any such county for a period of twelve months immediately following April 1 of such calendar year. Section 7. General Requirements. (1) In each county having more than 200,000 motor vehicles registered or licensed as of April 1 of a given calendar year, as specified in Section 6, there is hereby required within the twelve-month period following April 1 of such calendar year, for any period after April 1, 1981, a certificate of emission inspection, issued by an emission inspection station certified under this Act, for each responsible motor vehicle registered or licensed pursuant to or subject to the requirements of Ga. Laws 1927, pp. 226, et seq., as amended, or Ga. Laws 1955, pp. 659, et seq., as amended, in such county during such twelve-month period following April 1 of such calendar year, and for each responsible motor vehicle owned by any State agency, municipality or other political subdivision registered or licensed pursuant to Ga. Laws 1966, pp. 777, et seq., as amended, and assigned for use during such twelve-month period following April 1 of such calendar year to any State agency, municipality or other political subdivision located in such county.

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(2) Such certificate of emission inspection must certify for any such responsible motor vehicle: (i) An inspection of emissions of hydrocarbons and carbon monoxide, as required by Section 9; and (ii) Compliance, as required by Section 9, with applicable emission standards or emission limitations for hydrocarbons and carbon monoxide specified for such vehicle by the Board pursuant to Section 8 of this Act; and (iii) Inspection, as required by Section 9, of emission control equipment which was required to be installed on such motor vehicle when new by the Federal Clean Air Act (42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. Section 7401, et seq., as amended); and (iv) Maintenance, as required by Section 9, of emission control equipment which was required to be installed on such motor vehicle when new by the Federal Clean Air Act (42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. Section 7401, et seq., as amended). (3) Provided, however, that such a certificate of emission inspection for responsible motor vehicles shall be required in a county during a twelve-month period following April 1 of a given calendar year only during the period after such county or some part thereof has been continuously designated for a period of at least twelve months by USEPA, pursuant to the authority of the Federal Clean Air Act, as having ambient air levels of either photochemical oxidants (ozone) or carbon monoxide in excess of the National Ambient Air Quality Standard for such pollutant. (4) When the requirements of this Section initially become applicable in a county, which is subject to the provisions of this Act under Section 6 on a date subsequent to April 1 of a given calendar year, then the period allowed for obtaining a certificate of emission inspection shall be twelve months following the date such certificate initially became required under this Section. In such a case the entire twelve-month period following the date such certificate initially became required under this Section shall be considered the initial twelve-month period of applicability for purposes of Section 9, subsection (5).

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(5) Except as otherwise provided in subsection (4) hereof, all responsible motor vehicles becoming subject to the requirements of this Section during any twelve-month period following April 1 of a given calendar year shall comply with such requirements before April 1 of the next calendar year. (6) With respect to emission inspections required by subsection (2)(i) above and emission standards required by subsection (2)(ii) above, such a certificate shall be required with respect to hydrocarbons only where an excess of photochemical oxidants continues to be designated, and with respect to carbon monoxide only where an excess of carbon monoxide continues to be designated. The certificate requirements of (2)(iii) above and (2)(iv) above shall apply only if an excess of either photochemical oxidants or carbon monoxide continues to be designated. In any event, the requirements of subsections (2)(i), (2)(ii), and (2)(iii) and (2)(iv) above shall remain in effect in a county only during such time as such county or some part thereof continues to be designated by USEPA pursuant to the Federal Clean Air Act as having ambient air levels of either photochemical oxidants or carbon monoxide in excess of the NAAQS for such pollutant. (7) Notwithstanding the other provisions of this Section, the requirements of this Act shall not apply to vehicles registered or licensed as specified in subsection (1) hereof where the owner of such vehicle certifies, under oath subject to the monetary penalties as provided in Ga. Laws 1968, pp. 1249, 1310, Ga. Code Section 26-2402 upon conviction for false swearing therein, that: (a) such vehicle is so registered or licensed by a Georgia resident on active duty in the armed services of the United States then residing outside the State of Georgia; or (b) at the time this Act is being or is sought to be enforced with respect to such vehicle the owner's domicile or, if such vehicle is primarily used in connection with some established business enterprise, such established business enterprise is not located in any county wherein any responsible motor vehicle is subject to the requirements of this Act; or (c) such vehicle is or will be, during the twelve-month period of applicability of the Act during which the Act is being

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or is sought to be enforced with respect to such vehicle, permanently assigned or let for use to a person not domiciled or an established business enterprise not located in any county wherein any responsible motor vehicle is subject to the requirements of this Act. The Commissioner shall provide the form for any such certification. Section 8. Powers and Duties of the Board of Natural Resources. The Board of Natural Resources shall have the following powers and duties under this Act: (1) The Board shall prescribe or specify by rule or regulation emission standards or emission limitations, limiting the amounts of allowable exhaust emissions and evaporative emissions of hydrocarbons and carbon monoxide from responsible motor vehicles as defined in this Act. Such standards may specify the amount of allowable emissions by part per million, percentage of total volume or weight of emissions, or such other method as the Board selects. In no event shall the emission limitations be stricter than those originally required by the USEPA pursuant to the Federal Clean Air Act, as amended, for the particular vehicle to which such limitations apply. Such emission limitations and emission standards may distinguish between model years, engine types and sizes, trucks and passenger vehicles, or weights of vehicles and may be applicable to groups of vehicles classed according to any such distinctions. Such emission limitations shall be technically feasible. The Department may provide by rule or regulation for the method of application of such standards to vehicles with engines of a model year different from the vehicle model year. (2) To prescribe by rule or regulation equipment standards, requirements, or specifications for any inspection equipment used to test, measure, inspect for, or determine compliance by a responsible motor vehicle or any responsible motor vehicle equipment with the standards, limitations, or other requirements established by or under the authority of this Act.

"GA1979.1.1224">

(3) To prescribe by rule or regulation standards and qualifications for mechanic inspectors authorized to operate inspection equipment to inspect responsible motor vehicles or responsible motor vehicle equipment for compliance with standards, limitations, or other requirements established by or pursuant to this Act. (4) To prescribe by rule or regulation operating techniques, specifications, procedures, requirements for records maintenance, criteria and other requirements applicable to emission inspection stations authorized to inspect responsible motor vehicles or responsible motor vehicle equipment for compliance with the standards, limitations, or other requirements established by or pursuant to this Act. (5) To advise, consult, cooperate and contract with other State agencies, any political subdivision of the State, or any designated organizations of elected officials within the State, as necessary to implement and adequately enforce and insure compliance with any requirement, created, provided, prescribed, or established by the Board pursuant to this Act. With respect to the powers vested in the Board pursuant to this subsection, the Board may designate the Director of the Environmental Protection Division of the Department of Natural Resources as its agent in exercising the powers so vested. Section 9. Periodic Inspections and Maintenance Required. (1) Each responsible motor vehicle subject to any requirement under Section 7 must receive a certificate of emission inspection once during any twelve-month period during which Section 7 applies to such responsible motor vehicle from an emission inspection station holding a valid certificat of authorization from the Department of Public Safety. A certificat of emission inspection shall be issued for such a responsible motor vehicle if upon inspection by a permitted mechanic inspector the mechanic inspector determines, consistent with the terms of Section 7 of this Act, with respect to such responsible motor vehicle: (a) That any emission control equipment required on such responsible motor vehicle when new by the Federal Clean Air Act (42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. Section 7401, et seq., as amended) has been inspected to determine whether such equipment has been rendered unserviceable

"GA1979.1.1225">

by removal, alteration, or other interference with its operation; and (b) That any emission control equipment required on such responsible motor vehicle when new by the Federal Clean Air Act (42 U.S.C. Section 1857, et seq., and 42 U.S.C. Section 7401, et seq., as amended) has not been rendered unserviceable by removal, alteration, or other interference with its operation (unless replaced with equipment of demonstrated equivalent emission reduction capabilities); and (c) That an inspection of the exhaust and evaporative emissions of hydrocarbons and carbon monoxide from such responsible motor vehicle has been performed; and (d) That the exhaust emissions and evaporative emissions from the responsible motor vehicle do not exceed any applicable emission standard or emission limitation for allowable emissions of hydrocarbon or carbon monoxide prescribed by the Board pursuant to this Act. Compliance with any applicable emission standard or emission limitation shall be determined by mechanic inspectors meeting qualifications, using methods, techniques, and equipment, under conditions, and following inspection procedures prescribed by the Board pursuant to this Act. (2) If the inspection discloses any violation of any applicable emission standard or emission limitation, then the owner shall be notified, in writing, of the air pollutant which exceeds the allowable emissions and the degree of excess. (3) The owner shall have necessary maintenance and repairs performed and return for reinspection at an emission inspection station within fifteen days unless he has obtained an interim certificate of emission inspection from an emission inspection station. The Department shall provide by rule or regulation for an interim certificate of emission inspection not to exceed forty-five days in duration in certain limited cases where an owner has demonstrated that the appropriate repairs cannot be made within the fifteen-day period. (4) Upon reinspection a certificate of emission inspection shall be issued to each responsible motor vehicle which meets the requirements of subsection (1) of this Section. If a responsible motor

"GA1979.1.1226">

vehicle fails to pass the reinspection, it shall be further maintained or repaired, and returned, within fifteen days (unless an interim certificate of inspection is obtained as provided in subsection (3) above), for a third inspection. If such motor vehicle fails to meet the requirements of subsection (1) at the third inspection, no certificate of emission inspection shall be issued unless the owner proves, by means of repair facility receipts or other written documents that: (i) He has spent at least fifty dollars ($50.00) in the repair and maintenance of the responsible motor vehicle exhaust and evaporative (as applicable) emission control systems and related equipment since the first inspection in the current twelve-month period of applicability of Section 7; and (ii) He has replaced any emission control equipment or part thereof which has been removed, physically damaged, or otherwise rendered inoperable; and (iii) Such repairs and maintenance have produced a decrease in exhaust and evaporative emissions (as applicable) since the first inspection in the current twelve-month period of applicability of Section 7. (5) Notwithstanding the requirements of subsection (1) above, only the requirements contained in paragraphs (1)(a) and (1)(c) of such subsection shall be effective during any initial twelve-month period of applicability beginning on or after April 1, 1981, so that any responsible motor vehicle subject to any requirement under Section 7 of this Act during such initial twelve-month period of applicability may be issued a certificate of emission inspection, for such initial twelve-month period of applicability, upon a determination that the inspections required by paragraphs (1)(a) and (1)(c) have been performed. Upon issuance of a certificate of inspection under the terms of this subsection, the responsible motor vehicle owner shall be notified of the results of such inspections and notified as to whether such motor vehicle would have complied with paragraphs (1)(b) and (1)(d) of this Section had they been applicable. (6) All the requirements of paragraphs (1)(a), (1)(b), (1)(c), (1)(d), (2), (3), and (4) above shall become effective upon termination of any initial twelve-month period of applicability so that on and after termination of the initial twelve-month period of applicability

"GA1979.1.1227">

any responsible motor vehicle subject to any requirement of Section 7 of this Act may be issued a certificate of inspection only in accordance with the requirements of paragraphs (1)(a), (1)(b), (1)(c), (1)(d), (2), (3) and (4). (7) Initial twelve-month period of applicability means, for a given county, the twelve-month period following April 1 of a given calendar year, or the twelve-month period following the date on which the requirements of Section 7 of this Act otherwise become applicable, when such county became subject to any requirement under Section 7 of this Act for the first time. Any county which has been subject to any requirement under this Act, again becoming subject to any requirement under this Act subsequent to an intervening period during which such county was not subject to any requirement under this Act, shall be considered to be in an initial year of applicability upon again becoming subject to any requirement under this Act in such manner. (8) A certificate of emission inspection shall be displayed on a vehicle which has been inspected and has been approved as meeting the requirements of this Act and shall bear the date said vehicle was inspected, the number or other identification of the inspecting station, the signature of the mechanic inspector performing the inspection, and such other information as shall be required by the Commissioner. The mechanic inspector shall remove from the vehicle being inspected any old certificate of emission inspection when a new certificate of emission inspection will be issued. (9) All certificates of emission inspection shall be issued for a period of one year. (10) With respect to any inspection or certificate of inspection required for a responsible motor vehicle at the time of the initial retail sale of such vehicle when new the Department may provide for the issuance of certificates of inspection for such vehicles by the franchised dealer selling the vehicle, provided such dealer first determines that such vehicle meets the applicable requirements of the Federal Clean Air Act. Section 10. Certification of Emission Inspection Stations and Permitting of Mechanic Inspectors. (1) The Commissioner shall issue a certificate of authorization and certificates of emission

"GA1979.1.1228">

inspection and furnish instructions to all emission inspection stations so that such stations may carry out the responsible motor vehicle emission inspections and responsible motor vehicle emission control equipment inspections required by this Act. Application for a certificate of authorization under this Act shall be made upon an official form (designated by the Commissioner) and shall be granted only when the Commissioner is satisfied that the station is properly equipped and has the necessary mechanic inspectors to make the inspections required by this Act. (2) The Commissioner, prior to issuing a certificate of authorization, shall require proof that the applicant possesses a valid garage owner's liability insurance policy or has filed a bond in a form and amount satisfactory to the Commissioner to insure compensation for any damage to a vehicle during an inspection or adjustment caused by negligence of the applicant or its agent. (3) The Commissioner may consolidate the application and certificate of authorization pursuant to this Act with the application and certificate of authority (or other station licensing procedure) established under the Uniform Act Regulating Traffic on Highways, approved January 11, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., pp. 556, et seq.), as amended, relating to the licensing or certification of motor vehicle safety inspection stations, or with any similar station licensing or certification procedure established under any other law or Act governing the licensing or certification of Georgia Motor Vehicle Safety Inspection Stations. The Commissioner may also consolidate the certificate of emission inspection with any certificate of safety inspection under any such law. (4) The Commissioner shall provide a procedure for permitting mechanic inspectors under this Act. Application for permit shall be as directed by the Commissioner. (5) With respect to any certificate of authorization issued to any emission inspection station licensed, authorized or certified by the Department to inspect responsible motor vehicle emissions and responsible motor vehicle emission control equipment for compliance with the requirements of this Act, the following shall apply: (a) The Department shall insure the operation of such official emission inspection stations of a number, at locations, and

"GA1979.1.1229">

in a condition satisfactory to the Department and in conformance with all standards, requirements and specifications prescribed for such inspection stations, procedures, personnel and equipment by the Board pursuant to this Act; and each official emission inspection station shall keep a record of inspections, reinspections, the results thereof, and certificates of inspection issued, in a manner designated by the Department and in conformance with any requirements for such records and reports prescribed by the Board. All records herein required to be maintained by an official emission inspection station shall be available for inspection at all reasonable times. (b) Any official emission inspection station licensed, permitted or established under this Section shall be required to perform inspections on responsible motor vehicles in conformity with regulations or requirements established, prescribed or promulgated by the Board pursuant to this Act. Such requirements shall insure that uniform equipment is utilized and that emission inspections produce consistent results throughout affected areas of the State. (c) A fee of three dollars ($3.00) shall be charged by each emission inspection station for performance of the emission inspection and emission control equipment inspection required by this Act. Such fee does not include any required maintenance. The station may be required to remit to the Commissioner twenty-five cents ($.25) as a regulatory fee for each certificate of emission inspection issued. (d) The Department shall supervise and cause inspections to be made of the emission inspection stations permitted, certified, or established pursuant to this law and shall insure compliance with all applicable requirements of, under, or pursuant to this Act relating to such inspections, inspection stations, and inspection personnel. (e) No certificate of authorization for an emission inspection station shall be assigned or or used in any location other than the one designated on such certificate. (f) Every certificate of authorization and mechanic inspector permit shall be posted in a conspicuous place in the station.

"GA1979.1.1230">

Section 11. Motor Vehicle Sales. No person shall sell any motor vehicle which is intended for highway use, if such vehicle is at the time of the sale a responsible motor vehicle required to have a certificate of emission inspection under Section 7 of this Act unless there appears on said vehicle an unexpired valid certificate of emission inspection issued pursuant to this Act. Any person violating this Section shall be guilty of a misdemeanor and, upon conviction, be punished as for a misdemeanor, the punishment for which shall be a fine of $25.00 for a first offense, $100.00 for a second offense, and $500.00 for each subsequent offense. If, as a result of the sale of a responsible motor vehicle subject to any requirement under Section 7 hereof, such motor vehicle would not, if immediately registered or licensed (as specified in Section 6) by the purchaser as provided by law, be registered or licensed in a county in which the same requirements of Section 7 are applicable, the provisions of this Section shall not apply. Section 12. Violation of Motor Vehicle Emission Inspection Act. (1) Improper representation as official emission inspection station. (a) No person shall in any manner represent any place or establishment as an official emission inspection station unless such station has been issued a valid certificate of authorization by the Department of Public Safety. (b) No person shall issue a certificate of emission inspection for any responsible motor vehicle unless such person holds a valid certificate of authorization issued pursuant to this Act and such vehicle has been inspected and approved by a permitted mechanic inspector as required by this Act. (2) False certificates of emission inspection. (a) No person shall make, issue, or knowingly use any imitation or counterfeit of an official certificate of emission inspection. (b) No person shall possess, display, cause or permit to be displayed upon any vehicle any certificate of emission inspection knowing the same to be counterfeit or issued for another vehicle or issued without the required inspection and approval.

"GA1979.1.1231">

(c) No person shall use for the purpose of proof under Section 9, subsection (4) any receipt or document purporting to show cost of repair or maintenance or replacement of equipment unless such receipt or document accurately represents costs actually incurred by such person with respect to the responsible motor vehicle for which the certificate of emissions is sought. (3) Operation of responsible motor vehicle without certificate of emission inspection. It shall be unlawful for any person to operate or permit to be operated on any highway of this State a responsible motor vehicle registered or licensed in any county subject to this Act, pursuant to or subject to the requirements of Ga. Laws 1927, pp. 226, et seq., as amended, or Ga. Laws 1955, pp. 659, et seq., as amended, which is at the time of operation required to have a certificate of emission inspection under Section 7 of this Act without a valid official certificate of emission inspection being displayed on such vehicle. For purposes of this subsection each day operation or permission is a separate offense. (4) It shall be unlawful to register or license, or cause to be registered or licensed, a responsible motor vehicle in any county other than the county wherein such vehicle is required to be registered or licensed by Ga. Laws 1927, pp. 226, et seq., as amended, or Ga. Laws 1955, pp. 659, et seq., as amended, for the purpose of avoiding any requirement of this Act. Each day of continued unlawful registration or licensure shall be a separate offense. (5) With respect to any responsible motor vehicle subject to any requirement under this Act, it shall be unlawful for the purpose of avoiding any requirement of this Act to render unserviceable by removal, alteration or other interference with its operation any emission control equipment required on such responsible motor vehicle when such vehicle was new by the Federal Clean Air Act. Each day of such unserviceability shall be a separate offense. (6) Violation of the provisions of this Act. Any person violating any provision of this Act (excluding Section 11 hereof) shall be guilty of a misdemeanor and shall, upon conviction, be punished as for a misdemeanor, the punishment for which shall be a fine of not less than $25.00 nor more than $100.00.

"GA1979.1.1232">

Section 13. Regulatory Authority. (1) The Commissioner is authorized to implement any and all provisions of this Act assigned by the terms of this Act to the Commissioner or Department of Public Safety and to promulgate such rules and regulations as are necessary for the proper implementation thereof. (2) When duly promulgated and adopted, all rules and regulations issued pursuant to this Act by either the Commissioner under this Section or the Board under Section 8 of this Act shall have the force of law. Section 14. 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 15. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979.

"GA1979.1.1233">

GEORGIA STATE OCCUPATIONAL THERAPY LICENSING ACT AMENDEDRECREATIONAL THERAPISTS. No. 624 (House Bill No. 531). AN ACT To amend an Act known as the Georgia State Occupational Therapy Licensing Act, approved March 31, 1976 (Ga. Laws 1976, p. 993), so as to exempt certain persons from coverage; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia State Occupational Therapy Licensing Act, approved March 31, 1976 (Ga. Laws 1976, p. 993), is hereby amended by striking from subsection (g) of Section 11 of said Act the symbol . and substituting in lieu thereof the following: ; or, and by adding immediately following subsection (g) of Section 11 of said Act a new subsection to be designated subsection (h) and to read as follows: (h) recreational therapists. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1979.

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NONRESIDENT INDIGENT HEALTH CARE FUND. Code Title 88 Amended. No. 625 (House Bill No. 691). AN ACT To amend Code Title 88, relating to public health, as amended, so as to provide procedures for the payment of certain health care costs of certain indigent persons; to provide for statements of findings and purpose; to provide for definitions; to provide procedures for a determination of indigency; to provide for the creation of a nonresident indigent health care fund; to provide for keeping certain records and determining the amount of the aforesaid fund; to provide for certain State appropriations; to provide for payments of cost of care of certain patients of certain hospitals; 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 88, relating to public health, as amended, is hereby amended by adding a new code chapter immediately following Chapter 88-23 to be designated Chapter 88-23A and to read as follows: CHAPTER 88-23A. NONRESIDENT INDIGENT HEALTH CARE FUND. 88-2301A. Findings; purpose. The General Assembly finds that there is an inequitable distribution of the public costs incurred in providing health care for indigent persons who receive such care outside their counties of residence. The publicly supported hospitals providing such health care are frequently not reimbursed for the costs thereby incurred, which either increases the tax burden of citizens supporting such hospitals or increases the charges made to paying patients or causes a combination of both types of such increases. It is the purpose of this Chapter to recognize and provide for the State's responsibility to assist in the payment of cost of care

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for nonresident indigent patients by providing procedures for the reimbursement from State funds of such costs. 88-2302A. Definitions. (a) As used in this Chapter, unless the context clearly requires otherwise, the following words or terms shall have the following meanings: (1) `Commissioner' means the Commissioner of the Department of Human Resources. (2) `Department' means the Department of Human Resources. (3) `Fund' means the Nonresident Indigent Health Care Fund created by Section 88-2304A of this Chapter. (4) `Hospital authority' means a hospital authority created pursuant to Code Chapter 88-18, known as the `Hospital Authorities Law.' (5) `Hospital' means a hospital which is permitted to operate by the Department pursuant to Code Chapter 88-19, relating to the regulation of hospitals and related institutions. (6) `Area of operations' shall, for the purpose of hospital authorities, have the same meaning as defined in subsection (c) of Code Section 88-1802 of the aforesaid `Hospital Authorities Law,' and for purposes of all other hospitals, shall be the county in which said hospital is located. (7) `Health care' means the following services for nonresident inpatients and outpatients: (A) Emergency care or treatment. (B) Treatment for conditions of pregnancy and treatment of the newborn infant from the time of birth until the time of discharge from the hospital. (C) Treatment for a potentially disabling illness or injury when treatment for such illness or injury is not available for indigent patients in the county of residence of the patient.

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(D) Treatment for any combination of the foregoing. (8) `Nonresident patient' means a person who receives health care from a hospital and who is a resident of this State but who is not a resident of the area of operations of the hospital providing such health care. (9) `Indigent patient' means a nonresident patient who is certified as an indigent pursuant to Section 88-2303A of this Chapter. (10) Subject to the requirements of subsection (b) of this Section, `cost of care' means the costs of services rendered by a hospital at the reimbursement rate currently in effect for the hospital under the medical assistance program for the needy under Title XIX of the Social Security Act (42 U.S.C.A. Section 1396 et seq.), as amended. (11) `Fiscal year' means the period beginning on July 1 of each year and ending on June 30 of the immediately following year. (b) `Cost of care' as defined by paragraph (10) of subsection (a) of this Section shall not include any portion of such cost which is paid by the indigent patient, by the spouse or a relative of the indigent patient, by insurance, or by any governmental or other public agency pursuant to any Federal, State or local program paying cost of health care for indigent patients, other than the program established by this Chapter. 88-2303A. Determination of indigency. (a) The Commissioner shall adopt Statewide standards to determine indigency for the purposes of this Chapter. To the extent practicable, such standards shall be based on similar standards adopted for the purpose of determining the ability to pay of patients receiving services in State hospitals as authorized by State law, as now or hereafter enacted, governing responsibility for payment of cost of care for health care services rendered by State hospitals. (b) Within thirty days after receiving the standards provided by the Commissioner pursuant to subsection (a) of this Section, the governing authority of each county, by resolution, shall designate a

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person, to be known as the Health Care Advisory Officer of the county, to make a determination of indigency for the residents of the county in accordance with the standards promulgated pursuant to subsection (a) of this Section. The Health Care Advisory Officer shall carry out such additional duties as may be assigned to him by the governing authority of the county. Within fifteen days after its adoption, it shall be the duty of the governing authority of each county to mail a copy of such resolution to the chief administrative officer of each hospital. The governing authority of any county may change the person designated as the Health Care Advisory Officer, but any such change shall be accomplished by resolution of said governing authority, and a copy of the resolution making such change shall be mailed to the chief administrative officer of each hospital within fifteen days after its adoption. (c) When a nonresident patient receives health care from a hospital and when such patient claims inability to pay cost of care because of indigency, the chief administrative officer of the hospital shall notify, in writing, the Health Care Advisory Officer of the county of residence of the patient. Such notification shall request a determination of indigency of the patient. As soon as practicable after receiving such notification and within thirty days thereafter, the Health Care Advisory Officer of the county shall notify the chief administrative officer of the hospital of his determination. If the Health Care Advisory Officer determines that the patient is indigent, such notification shall constitute a certification of such indigency, and the expenditures for cost of care of such nonresident indigent patient shall be maintained on the records of the hospital for the purposes of Section 88-2305A of this Chapter. (d) If the Health Care Advisory Officer of a county fails to respond to a request for a determination of indigency from a hospital providing health care for such patient within the time limitation provided by subsection (c) of this Section, the county of residence of the patient shall be liable for the payment of cost of care of such patient. In such event, the hospital providing health care for the nonresident patient may bill the county of residence of the patient for the amount of his cost of care, and it shall be the duty of the governing authority of such county to pay the hospital the amount billed.

"GA1979.1.1238">

(e) To the end that the certifications of indigency required by subsection (c) of this Section may be expedited, it shall be the duty of each county Health Care Advisory Officer to establish and maintain files showing the residents of the county determined to be indigent. (f) It shall be the duty of the Commissioner to devise such standard forms as may be necessary or desirable to administer uniformly the provisions of this Section. It shall be the duty of counties, Health Care Advisory Officers, and hospitals to use the forms promulgated by the Commissioner pursuant to this subsection. 88-2304A. Nonresident Indigent Health Care Fund. There is hereby created the Nonresident Indigent Health Care Fund for the purpose of making payments therefrom to hospitals to reimburse such hospitals for the cost of care of nonresident indigent patients. Such Fund shall be made up of appropriations made thereto by the General Assembly, as hereinafter provided in this Chapter. 88-2305A. Records; amount of Fund. (a) Beginning with the 1979-80 fiscal year, each hospital shall maintain accurate records of its cost of care for providing health care services for nonresident indigent patients. As soon as practicable after the close of each quarter of each fiscal year and within not more than thirty days after the close thereof, the chief administrative officer of each hospital shall certify to the Commissioner the total cost of care incurred by the hospital in providing health care to nonresident indigent patients for the immediately preceding quarter. The first such certifications shall be made within thirty days after the close of the first quarter of the 1979-80 fiscal year. (b) For the 1980-81 fiscal year, the Commissioner shall estimate the Statewide cost of care for nonresident indigent patients by annualizing the total amount shown on the first quarterly submissions to him under subsection (a) of this Section of cost of care for nonresident indigent patients and by adjusting the annualized amount by a factor, not to exceed ten percent of such amount, the Commissioner determines to be a reasonable estimate of anticipated increases in the cost of care for nonresident indigent patients. (c) For the 1981-82 fiscal year and for each fiscal year thereafter, the Commissioner shall estimate the Stetewide cost of care for

"GA1979.1.1239">

nonresident indigent patients by annualizing the total payments, as provided by Section 88-2307A of this Chapter, to hospitals from the Fund during the first quarter of the immediately preceding fiscal year, adjusted by a factor, based on the experience of the Fund, the Commissioner determines to be a reasonable estimate of anticipated increases or decreases in the cost of care for nonresident indigent patients, but no estimated increase in such cost shall exceed ten percent of the annualized amount. The amounts estimated by the Commissioner hereunder shall be the amount of the Fund for each fiscal year subsequent to the 1980-81 fiscal year. 88-2306A. State appropriations to Fund. (a) For each fiscal year, beginning with the 1980-81 fiscal year, the Commissioner shall make a request for appropriation of the amount determined under Section 88-2305A as the Statewide cost of care for nonresident indigent patients in the budget of the Department of Human Resources under the category: `Nonresident Indigent Health Care Fund.' The budget shall cite this Chapter as the authority for such request and shall make such additional explanation of the request as the Commissioner deems appropriate. (b) In the event the General Assembly fails to appropriate funds in accordance with the budget request made pursuant to subsection (a) of this Section or fails to appropriate the full amount requested, the payments to hospitals under Section 88-2307A shall be reduced pro rata in accordance with the amount actually available to the Fund. 88-2307A. Payments from Fund to hospitals. For each fiscal year, beginning with the 1980-81 fiscal year, payments to hospitals for cost of care of nonresident indigent patients shall be made from the Fund. Beginning with the certifications made after the close of the first quarter of the 1980-81 fiscal year, the quarterly certifications of cost of care for nonresident indigent patients made by hospitals pursuant to subsection (a) of Section 88-2305A shall constitute requests for payments from the Fund to reimburse such hospitals for such cost of care. Within thirty days after receiving any such request, the Commissioner shall authorize the Director of the Fiscal Division, Department of Administrative Services, to issue a check to the hospital submitting same for the payment from the Fund of the amount requested.

"GA1979.1.1240">

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 16, 1979. OMBUDSMAN PROGRAM WITHIN LONG-TERM CARE FACILITIES. Code Title 88 Amended. No. 626 (House Bill No. 753). AN ACT To amend Code Title 88, known as the Georgia Health Code, as amended, so as to provide for an ombudsman program within long-term care facilities; to provide for definitions; to provide for legislative intent; to provide for a State ombudsman and for community ombudsmen, their qualifications, powers, duties, and responsibilities; to provide investigative and entry authority and methods of exercise; to provide for resolution of complaints; to provide for confidentiality; to provide for reports; to provide for notice and revocation of permits; to prohibit retaliation; to provide for immunity

"GA1979.1.1241">

from liability; to provide for rules and regulations; to provide for violations, penalties, and injunctions; 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 88, known as the Georgia Health Code, as amended, is hereby amended by adding a new Code Chapter to be designated Code Chapter 88-19A, to read as follows: CHAPTER 88-19A. OMBUDSMAN PROGRAM WITHIN LONG-TERM CARE FACILITIES. 88-1901A. Definitions. For the purposes of this Chapter, unless the context clearly indicates otherwise, (a) `Commissioner' means the Commissioner of the Department of Human Resources. (b) `Department' means the Department of Human Resources. (c) `Long-term care facility' means any skilled nursing home, intermediate care home, or personal care home now or hereafter subject to regulation and licensure by the Department. (d) `Resident' means any person who is receiving treatment or care in any long-term care facility who seeks admission to such facility or who has been discharged or transferred from such facility. (e) `State ombudsman' means the State ombudsman established under Section 88-1903A of this Chapter. (f) `Community ombudsman' means a person certified as a community ombudsman pursuant to Section 88-1903A. 88-1902A. Legislative intent. The General Assembly finds that a significant number of older Georgians reside in long-term care facilities in this State and, because of their isolated and vulnerable condition,

"GA1979.1.1242">

they are more dependent on others for their protection and care. It is the intent of the General Assembly to nurture the quality of care and life for residents through the promotion of community involvement in long-term care facilities and by the establishment of a process to resolve complaints and problems of residents. It is the further intent of the General Assembly that the Department, within available resources and pursuant to its duties under the Older Americans Act, insure that the quality of care and life for such residents is maintained, that necessary reports are made and, where necessary, that corrective action is taken at the departmental level. 88-1903A. Long-term Care Ombudsman Program. Pursuant to the federally enacted and funded Older Americans Act of 1965 (P. L. 89-73, 79 Stat. 219), as amended, and as a condition of receiving funds under the Act for various programs for older citizens of this State, the Department has been required to establish and operate a long-term care ombudsman program. In order to receive such funds, the Department has already established a position of State ombudsman within the State Office of Aging. Such State ombudsman shall be under the direct supervision of the Commissioner, or his designee, and shall be given the powers and duties hereafter provided by this Chapter. The State ombudsman shall be a person qualified by training and experience in the field of aging or long-term care, or both. The State ombudsman shall promote the well-being and quality of life of residents in long-term care facilities and encourage the development of community ambudsman activities at the local level. The State ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in Sections 88-1905A and 88-1906A. The State ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the Department prior to certification. Such training shall include an internship in a long-term care facility. Upon certification, the State ombudsman shall issue an identification card which shall be presented upon request by community ombudsmen whenever needed to carry out the purposes of this Chapter. Two years after first being certified and every two years thereafter, each such community ombudsman, in order to carry out his duties under this Chapter, shall be recertified by the State ombudsman as continuing to meet the Department's standards as community ombudsman.

"GA1979.1.1243">

88-1904A. Responsibilities of the State ombudsman. (a) The State ombudsman shall establish policies and procedures, subject to approval by the Commissioner, for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of residents of long-term care facilities concerning any act, omission to act, practice, policy, or procedure that may adversely affect the health, safety, or welfare of any resident. (b) The State ombudsman shall investigate and make reports and recommendations to the Department and other appropriate agencies concerning any act or failure to act by any government agency with respect to its responsibilities and duties in connection with long-term care or residents of long-term care facilities. (c) The State ombudsman shall establish a uniform Statewide reporting system to record data about complaints and conditions in long-term care facilities and shall collect and analyze such data in order to identify significant problems affecting the residents of such facilities. (d) The State ombudsman shall promote the development of community ombudsmen activities and provide technical assistance as necessary. (e) The State ombudsman shall make an annual written report, documenting the types of complaints and problems reported by residents, to the Director of the State Office of Aging for his recommendations to the Commissioner concerning needed policy, regulatory, and legislative changes. 88-1905A. Responsibilities of the community ombudsmen. Pursuant to policies and procedures established by the State ombudsman, the community ombudsmen shall: (a) Learn about the general conditions affecting residents of long-term care facilities and work for the best interest of these residents; (b) Receive, investigate, and attempt to resolve complaints made by or on behalf of residents of long-term care facilities;

"GA1979.1.1244">

(c) Collect data about the number and types of complaints handled; (d) Report regularly to the State ombudsman about the data collected and the activities of the community ombudsmen. 88-1906A. Investigative and entry authority. (a) In response to complaints made by or on behalf of residents of long-term care facilities or on the ombudsman's initiative, the State ombudsman or community ombudsmen may conduct investigations in matters within their powers and duties provided by this Chapter. (b) The State ombudsman or community ombudsmen shall have the authority to enter any long-term care facility using his best efforts to enter such facility during normal visiting hours, but in no event will he enter the facility between the hours of 9:00 P.M. and 9:00 A.M. without good cause and twenty-four hours' prior notice to the administrator or person in charge of the facility at the time the notice is given. Upon entering the long-term care facility, the ombudsman will notify the administrator or, in the absence of the administrator, the person in charge of the facility before speaking to any residents. After notifying the administrator or the person in charge of the facility, the ombudsman may communicate privately and confidentially with residents of the facility, individually or in groups. The ombudsman will have access to the patient records of any resident provided that the medical and personal financial records pertaining to an individual resident may be inspected only with the permission of the resident or his legally appointed guardian, if any. The ombudsman shall have the authority to inspect the physical plant of the facility. Entry and investigation provided by this Section shall be conducted in a manner which will not significantly disrupt the provision of nursing or other care to residents. (c) The State ombudsman or community ombudsman shall identify himself as such to the resident, and the resident shall have the right to communicate or refuse to communicate with the ombudsman. (d) The resident shall have the right to participate in planning any course of action to be taken on his behalf by the State ombudsman or community ombudsmen, and the resident shall have the right to approve or disapprove any proposed action to be taken on his behalf by such ombudsmen.

"GA1979.1.1245">

(e) No person shall interfere with the duties and powers of the State ombudsman or community ombudsmen provided in this Chapter. (f) The State ombudsman and community ombudsmen shall have authority to obtain from any government agency, and said agency shall provide, such cooperation and assistance, services, data, and access to files and records as will enable the ombudsman properly to perform or exercise his duties and powers, provided such information is not privileged under any law. (g) Where the subject of the investigation involves suspected abuse, neglect, or exploitation of a resident by his guardian, the State ombudsman or community ombudsmen shall have the authority to communicate with the resident in a private and confidential setting notwithstanding any objection to such meeting and communication by the guardian. 88-1907A. Resolution of complaints. (a) Following an investigation, the State ombudsman or community ombudsman shall report his opinions or recommendations to the party or parties affected thereby and shall attempt to resolve the complaint, using, whenever possible, informal techniques of mediation, conciliation and persuasion. With respect to a complaint against the facility, the ombudsman will first notify the administrator of the long-term care facility in writing and give such administrator a reasonable opportunity to correct any alleged defect. If the administrator fails to take corrective action after a reasonable amount of time, or if the defect seriously threatens the safety or well-being of the Residents of the Long Term Facility, the State ombudsman or community ombudsman may refer said complaint to an appropriate agency. (b) Complaints or conditions adversely affecting residents of long-term care facilities which cannot be resolved in the manner described in Section 88-1907A (a) shall, whenever possible, be referred by the State ombudsman or community ombudsmen to an appropriate agency. (c) The community ombudsman will not disclose to the public the identity of any long-term care facility which is the subject of an investigation, either directly or indirectly, unless and until the matter has been reviewed by the office of the State ombudsman and

"GA1979.1.1246">

the matter has been referred to an appropriate governmental agency for action. 88-1908A. Confidentiality. The identity of any complainant, resident on whose behalf a complaint is made, or individual providing information on behalf of the resident or complainant relevant to the investigation of a complaint shall be confidential. The identity of any such person may be disclosed only with his express permission. The information produced by an investigation may be disclosed by the State ombudsman or community ombudsmen only if the identity of any such person is not disclosed by name or inference. If the identity of any such person is disclosed by name or inference in such information, then the information may be disclosed only with his express permission. If the complaint becomes the subject of a judicial proceeding, such investigative information may be disclosed for the purpose of the proceeding. 88-1909A. Reporting of abuse. Any person who has reasonable cause to believe that a resident of a long-term care facility is being, or has been, abused, neglected, exploited, or abandoned, or is in a condition which is the result of such abuse, neglect, exploitation, or abandonment, may report such information or cause a report to be made in any reasonable manner to the State ombudsman or community ombudsmen, if any. 88-1910A. Notice to residents. The State ombudsman shall prepare and distribute to each long-term care facility in the State a written notice describing the Long-term Care Ombudsman Program and the procedure to follow in making a complaint, including the address and telephone number of the State ombudsman and community ombudsmen, if any. The administrator shall give the written notice required by this Section to each resident and his legally appointed guardian, if any, upon admission. Within sixty days after the effective date of this Chapter, the administrator shall also post such written notice in conspicuous public places in the facility in accordance with procedures provided by the State ombudsman and shall give such notice to any resident and his legally appointed guardian, if any, who did not receive it upon admission. The failure to provide the notices required by this Section shall be a ground upon which the Department may revoke any permit issued to a long-term care facility under Code Section 88-1901.

"GA1979.1.1247">

88-1911A. Retaliation prohibited. No person shall discriminate or retaliate in any manner against any resident, relative, or guardian of a resident; employee of a long-term care facility; or any other person because of the making of a complaint or providing of information in good faith to the State ombudsman or community ombudsmen. 88-1912A. Immunity. Any person who, in good faith, makes a complaint or provides information as authorized in this Chapter and any State or community ombudsmen who, in good faith, makes a statement or communication relevant to a complaint received or an investigative activity conducted pursuant to this Chapter shall have no civil or criminal liability therefor. 88-1913A. Immunity from liability. Notwithstanding any other provision of law, no person providing information (including, but not limited to, patient records) to a community ombudsman or a State ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that such information was false. 88-1914A. Rules and regulations. The Department is authorized to promulgate rules and regulations to implement the provisions of the Chapter. 88-1915A. Violations. The provisions of Code Section 88-301, relating to misdemeanor penalties for violations of provisions of this Code Title, and Code Section 88-302, relating to enforcement by injunction of the provisions of this Code Title, shall apply fully to any violation of this Code Chapter. 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.

"GA1979.1.1248">

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 16, 1979. MINIMUM SALARIES FOR SHERIFFS. No. 627 (Senate Bill No. 14). AN ACT To amend an Act providing minimum salaries for sheriffs to be paid from county funds, approved April 2, 1971 (Ga. Laws 1971, p. 380), as amended, so as to provide adequate compensation for the sheriffs of the State; to change the minimum salaries provided by this Act; to provide for longevity increases; 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 minimum salaries for sheriffs to be paid from county funds, approved April 2, 1971 (Ga. Laws 1971, p. 380), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. Any other provisions of law to the contrary notwithstanding, the minimum annual salary of each sheriff in the State of Georgia shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any future such census. Each such sheriff shall receive an annual salary, payable in equal monthly installments

"GA1979.1.1249">

from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 05,999 $ 12,500 6,00011,999 15,500 12,00019,999 17,800 20,00029,999 19,600 30,00039,999 21,400 40,00049,999 23,200 50,00099,999 25,000 100,000199,999 26,700 200,000and up 28,600. 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 amounts provided in Section 1 of this Act shall be increased by five percent for each four-year term of office served by any sheriff, figured at the end of each such period of service. Such increase shall not have retroactive effect, except that the current term of sheriffs 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 sheriff presently in office. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment and other necessary and reasonable expenses for the operation of a sheriff's office shall come from funds other than the funds specified as salary in this Act. Section 3. This Act shall become effective July 1, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979.

"GA1979.1.1250">

MINIMUM SALARIES FOR TAX COLLECTORS AND TAX COMMISSIONERS. Code Chapter 91A-13 Amended. No. 628 (Senate Bill No. 15). AN ACT To amend an Act to provide a schedule of minimum salaries for certain tax collectors and tax commissioners, approved March 31, 1976 (Ga. Laws 1976, p. 988), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 187), so as to provide adequate compensation for the tax collectors and tax commissioners of the State who are on a salary; to change the minimum salaries provided by the Act; to provide for longevity increases; to provide for an alternate method of compensation under certain conditions; to amend Code Chapter 91A-13, relating to county tax officials and administrative provisions, so as to incorporate the change in the minimum salaries, longevity increases and alternate methods of compensation of the tax collectors and tax commissioners into the new Georgia Public Revenue Code; to provide for automatic repeal of certain provisions of this Act as of the effective date of Code Title 91A; 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 to provide a schedule of minimum salaries for certain tax collectors and tax commissioners, approved March 31, 1976 (Ga. Laws 1976, p. 988), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 187), is hereby amended by striking Section 2 thereof in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner in each county of the State of Georgia who shall be compensated by an annual salary shall be fixed according to the population of the county in which he serves as determined by the United States Decennial Census of 1970 or any such future census.

"GA1979.1.1251">

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 02,999 $ 9,100 3,0005,999 $ 9,940 6,0008,999 $ 11,180 9,00011,999 $ 12,420 12,00019,999 $ 14,000 20,00029,999 $ 14,910 30,00039,999 $ 16,150 40,00049,999 $ 18,010 50,00099,999 $ 21,120 100,000179,999 $ 24,220 180,000up $ 26,000. Section 2. Said Act is further amended by adding three new Sections after Section 2.1 thereof, to be designated Sections 2.2, 2.3 and 2.4, to read as follows: Section 2.2. The amounts provided in Sections 2 and 2.2 of this Act shall be increased by 5 percent for each four-year term of office served by any tax collector or tax commissioner, 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 tax collectors and tax commissioners 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 tax collector or tax commissioner presently in office. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment and other necessary and reasonable expenses for the operation of a tax collector's or tax commissioner's office shall come from funds other than the funds specified as salary in this Act.

"GA1979.1.1252">

Section 2.3. Notwithstanding any other provisions of this Act, any tax collector or tax commissioner who, prior to the effective date of this Section, is entitled to the commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates, may elect to receive the salary he was receiving prior to July 1, 1979, plus said commissions relating to the sale of motor vehicle license plates, in lieu of the minimum salary provided in Section 2 above. Section 2.4. Notwithstanding any other provisions of this Act, any tax collector or tax commissioner who, prior to July 1, 1979, was receiving a salary lower than the applicable minimum salary provided by Section 2 of this Act pursuant to a local law but who also was receiving certain fees and commissions in addition thereto may elect to be excluded from the provisions of this Act. Section 3. Code Chapter 91A-13, relating to county tax officials and administrative provisions, is hereby amended by striking Code Section 91A-1373 in its entirety and inserting in lieu thereof a new Code Section 91A-1373 to read as follows: 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 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 02,999 $ 9,100 3,0005,999 $ 9,940 6,0008,999 $ 11,180 9,00011,999 $ 12,420 12,00019,999 $ 14,000 20,00029,999 $ 14,910 30,00039,999 $ 16,150 40,00049,999 $ 18,010 50,00099,999 $ 21,120 100,000179,999 $ 24,220 180,000up $ 26,000.

"GA1979.1.1253">

(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 amounts provided in subsections (b) and (d) of this Section shall be increased by five percent for each four-year term of office served by any tax collector or tax commissioner, 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 Section, in which event the provisions of this Section shall prevail. Such increase shall not have retroactive effect, except that the current term of tax collectors and tax commissioners presently in office shall be counted for determining the appropriate salary under this Section. This Section shall not be construed to reduce the salary of any tax collector or tax commissioner presently in office. The minimum salaries provided for in this Section shall be considered as salary only. Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a tax collector's or tax commissioner's office shall come from funds other than the funds specified as salary in this Section. (e) Notwithstanding any other provisions of this Section, any tax collector or tax commissioner who, prior to the effective date of this Section, is entitled to the commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates, may elect to receive the salary he was receiving prior to July 1, 1979, plus said commissions relating to the sale of motor vehicle license plates, in lieu of the minimum salary provided in subsection (b) above.

"GA1979.1.1254">

(f) Notwithstanding any other provisions of this Section, any tax collector or tax commissioner who, prior to January 1, 1980, was receiving a salary lower than the applicable minimum salary provided by Section 2 of this Act pursuant to a local law but who also was receiving certain fees and commissions in addition thereto may elect to be excluded from the provisions of this Act. (g) Except as otherwise provided in subsection (f), 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. (h) 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. Section 4. Effective January 1, 1980, Sections 1 and 2 of this Act shall be terminated and stand repealed in their entirety. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979.

"GA1979.1.1255">

GAME AND FISHNONRESIDENT BIG GAME LICENSES. Code Chapter 45-3 Amended. No. 630 (House Bill No. 31). AN ACT To amend Code Chapter 45-3, relating to hunting, fishing and trapping licenses, as amended, particularly by an Act approved April 11, 1978 (Ga. Laws 1978, p. 2290), so as to change the provisions relating to nonresident big game licenses and to remove certain restrictions and quotas relative to such licenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 45-3, relating to hunting, fishing and trapping licenses, as amended, particularly by an Act approved April 11, 1978 (Ga. Laws 1978, p. 2290), is hereby amended by striking from the second sentence of subsection (a) of Code Section 45-301 the following: ,except for nonresident big game licenses,, so that when so amended said subsection (a) shall read as follows: (a) Hunting, fishing and trapping licenses shall be issued and sold by the Department on forms containing such information as may be prescribed by the Department. Licenses for hunting and fishing may be sold in each county by persons approved by the Department to be either bonded license agents or cash license agents. Section 2. Said Code Chapter is further amended by inserting in paragraph (5) of subsection (b) of Code Section 45-301, immediately preceding the period appearing at the end of said paragraph, the following: ,and except for a nonresident big game license for which the agent may receive one dollar ($1.00) for each license issued,

"GA1979.1.1256">

so that when so amended said paragraph (5) 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, and except for a nonresident big game license for which the agent may receive one dollar ($1.00) for each license issued. Section 3. Said Code Chapter is further amended by inserting in paragraph (4) of subsection (c) of Code Section 45-301, immediately preceding the period appearing at the end of said paragraph, 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 (4) 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, and except for a nonresident big game license for which the agent may receive one dollar ($1.00) for each license issued. Section 4. Said Code Chapter is further amended by striking Code Section 45-301.1, which reads 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.

"GA1979.1.1257">

(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., in its entirety. Section 5. Said Code Chapter is further amended by inserting in subsection (e) of Code Section 45-302, between the word years and the words to hunt the following: and for any nonresident, regardless of age,, so that when so amended said subsection (e) shall read as follows: (e) It shall be unlawful for any resident of Georgia who has attained the age of sixteen (16) years and for any nonresident, regardless of age, to hunt or possess big game, unless such person has in his possession a big game license, in addition to the required hunting license. Section 6. Said Code Chapter is further amended by striking subsection (o) of Code Section 45-302, which reads 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., in its entirety. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. GEORGIA CONTROLLED SUBSTANCES ACT AMENDEDMARIJUANA. Code Section 79A-811 Amended. No. 631 (House Bill No. 187). AN ACT To amend Code Section 79A-811, related to acts prohibited under the Georgia Controlled Substances Act, so as to change certain provisions relating to marijuana; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 79A-811, related to acts prohibited under the Georgia Controlled Substances Act, is hereby amended by striking subsection (j) thereof in its entirety and substituting in lieu thereof a new subsection (j), to read as follows: (j) Marijuana. (1) It is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute marijuana. (2) Except as otherwise provided in this subsection or as provided in Section 79A-9917, any person who violates this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one (1) year nor more than ten (10) years.

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(3) If the quantity of marijuana seized pursuant to a violation of this subsection shall be one hundred (100) pounds or more, a person who violates the provisions of this subsection shall be punished by imprisonment for not less than three (3) years nor more than ten (10) years or a fine not to exceed five thousand dollars ($5,000), or both; if the quantity of marijuana seized pursuant to a violation of this subsection shall be one thousand (1,000) pounds or more, any such person shall be punished by imprisonment for not less than five (5) years nor more than twenty (20) years or a fine not to exceed twenty-five thousand dollars ($25,000) which amount may be increased by an amount not to exceed ten thousand dollars ($10,000) for each additional one thousand (1,000) pounds seized, or both. 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 17, 1979. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA AMENDEDGROUP TERM LIFE INSURANCE. No. 632 (House Bill No. 278). 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 March 16, 1961 (Ga. Laws 1961, p. 158), and an Act approved February 19, 1964 (Ga. Laws 1964, p. 119), and an Act approved April 18, 1967 (Ga. Laws 1967, p. 751), so as to change the conditions under which group term life insurance coverage may be continued after separation from employment or upon retirement; to provide for matters relative

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to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended, particularly by an Act approved March 16, 1961 (Ga. Laws 1961, p. 158), and an Act approved February 19, 1964 (Ga. Laws 1964, p. 119), and an Act approved April 18, 1967 (Ga. Laws 1967, p. 751), is hereby amended by striking subsection (9) of Section 17, which reads as follows: (9) The provisions of subsection (7) and subsection (8) of this section 17 shall not apply to any person becoming a member on or after April 1, 1964., in its entirety and inserting in lieu thereof a new subsection (9) of Section 17, to read as follows: (9) The provisions of subsection (7) and subsection (8) of this Section shall not apply to any person becoming a member on or after April 1, 1964, except a member who was a State employee prior to April 1, 1964 and who has established such pre-April 1, 1964 employment as creditable service under the provisions of this Act. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979.

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EVIDENCEPERSONS COMPETENT AND COMPELLABLE TO TESTIFY. Code Section 38-1603 Amended. No. 633 (House Bill No. 367). AN ACT To amend Code Section 38-1603, relating to competency of witnesses to testify, as amended, so as to redefine what persons are competent and compellable to testify in the courts and tribunals of this State; to provide that this Act shall not apply to certain transactions or occurrences; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 38-1603, relating to competency of witnesses to testify, as amended, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof a new Code Section 38-1603, to read as follows: Section 38-1603. Competency of witnesses to testify. No person offered as a witness shall be excluded by reason of incapacity, for crime or interest or from being a party, from giving evidence, either in person or by deposition, according to the practice of the court, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or proceeding, civil or criminal, in any court or before any judge, jury, sheriff, coroner, magistrate, officer, or party having by law or consent of parties authority to hear, receive and examine evidence; but every person so offered shall be competent and compellable to give evidence on behalf of either or any of the parties to the said suit, action, or other proceeding. Section 2. This Act shall not apply to transactions or occurrences which took place prior to July 1, 1979.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. DISTRIBUTION OF MONEYS RECEIVED AS A RESULT OF COMMISSION OF CRIME. No. 634 (House Bill No. 409). AN ACT To provide for the distribution of certain moneys received or to be received as a result of the commission of a crime; to provide a definition; to provide for the deposit with and disbursement by the Board of Offender Rehabilitation of certain moneys due to a person accused of a crime in this State with respect to a reenactment of the crime; to provide for publication of certain notices; to provide for payment of the moneys under certain circumstances to such persons accused of a crime; to provide for payments pursuant to certain court orders; to provide for the time at which certain periods of limitation begin to run; to declare certain actions to be null and void; 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. Distribution of moneys received as a result of the commission of crime. (a) As used in this Section, board means the Board of Offender Rehabilitation. (b) (1) Every person, firm, corporation, partnership, association, or other legal entity contracting with any person or the representative or assignee of any person, accused or convicted of a crime in this State, with respect to the reenactment of such crime, by way of a movie, book, magazine article, tape recording, phonograph record, radio or television presentation, live entertainment of any kind, or from the expression of such

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accused or convicted person's thoughts, feelings, opinions, or emotions regarding such crime, shall submit a copy of such contract to the board and pay over to the board any moneys which would otherwise, by terms of such contract, be owing to the person so accused or convicted or his representatives. (2) The board shall deposit such moneys in an escrow account for the benefit of and payable to any victim or the legal representative of any victim of crimes committed by: (A) Such convicted person; or (B) Such accused person. (3) Payments may be made pursuant to paragraph (2) only if such accused person is eventually convicted or enters a plea of guilty of the crime and provided that such victim, within five years of the date of the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or his representatives. (4) It shall be the duty of the victim, the victim's lawyer, or the victim's representative to notify the Board of Offender Rehabilitation within 30 days of filing any claim under this Act. (c) (1) It shall be unlawful for any person, firm, corporation, partnership, association, or other legal entity to fail to comply with the provisions of this Act. (2) Any person, firm, corporation, partnership, association, or other legal entity 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. (3) Each day any such person, firm, corporation, partnership, association, or other legal entity continues in violation of the provisions of this Act shall constitute a separate offense. (d) The board, at least once every six months for five years from the date it receives such moneys, shall cause to have published a legal notice in newspapers of general circulation in the county in

"GA1979.1.1264">

which the crime was committed and in counties contiguous to such county advising such victims that such escrow moneys are available to satisfy money judgments pursuant to this Section. (e) Upon dismissal of charges or acquittal of any accused person, the board shall immediately pay over to such accused person the moneys in the escrow account established on behalf of such accused person. (f) Upon a showing by any convicted person that five years have elapsed from the establishment of such escrow account and further that no actions are pending against such convicted person pursuant to this Section, the board shall immediately pay over any moneys in the escrow account to such person or his legal representatives. (g) For the purposes of this Section, a person found not guilty by reason of insanity shall be deemed to be a convicted person. (h) Whenever it is found that a person accused of a crime is unfit to proceed as a result of insanity because such person lacks capacity to understand the proceedings against him or to assist in his own defense, the board shall bring an action of interpleader to determine disposition of the escrow account. (i) Any excess which remains in the escrow account or is deposited into the account after all money judgments have been satisfied shall be paid over into the treasury of this State as compensation for the establishment, administration, and execution of the provisions of this Act. (j) The board shall make payments from an escrow account to any person accused or convicted of crime upon the order of a court of competent jurisdiction after a showing by such person that such moneys shall be used for the exclusive purpose of retaining legal representation at any stage of the proceedings against such person, including the appeals process. (k) The board shall disburse said payments on a pro rata basis of all claims filed according to the amount of money in said escrow account comparable to the amount of each such claim. Said sums are not to be disbursed until all pending claims have been settled or reduced to judgment.

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(l) Any action taken by any person accused or convicted or who enters a plea of guilty of a crime, whether by way of execution of a power of attorney, creation of corporate entities, or otherwise, to defeat the purpose of this Section shall be null and void as against the public policy of this State. Section 2. This Act shall in no way affect any contracts in existence before the effective date 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 17, 1979. BINGOREGULATION AND LICENSING OF NONPROFIT BINGO GAMES. No. 635 (House Bill No. 580). AN ACT To amend an Act providing for the regulation and licensing of the operation of nonprofit bingo games, approved March 30, 1977 (Ga. Laws 1977, p. 1164), as amended by an Act approved March 9, 1978 (Ga. Laws 1978, p. 853), so as to change provisions limiting prizes which may be awarded; 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 and licensing of the operation of nonprofit bingo games, approved March 30, 1977 (Ga. Laws 1977, p. 1164), as amended by an Act approved March 9,

"GA1979.1.1266">

1978 (Ga. Laws 1978, p. 853), is hereby amended by striking subsection (d) of Section 8 thereof in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) It shall be unlawful to award prizes in excess of $1,100 in cash or gifts of equivalent value during any calendar day or $2,200 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed said limits at any combination of locations operated by a single licensee or his agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such manner as to exceed the limits contained herein. 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. GEORGIA RESIDENTIAL FINANCIAL AUTHORITY ACT AMENDEDBONDS. No. 636 (House Bill No. 582). AN ACT To amend an Act known as the Georgia Residential Financial 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), an Act approved March 4, 1977 (Ga. Laws 1977, p. 259) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 603), so as to change the maximum amount of bonds and notes which the Authority may have outstanding at any one time; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act known as the Georgia Residential Financial 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), an Act approved March 4, 1977 (Ga. Laws 1977, p. 259) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 603), is hereby amended by striking from subsection (a) of Section 9 the following: 100 million dollars, and inserting in lieu thereof the following: 200 million dollars, so that when so amended subsection (a) of Section 9 shall read as follows: (a) The Authority shall have the power and is hereby authorized at one time or from time to time to issue its negotiable revenue bonds in such principal amounts as, in the opinion of the Authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including the making and purchasing of mortgage loans for the construction of housing for eligible persons and families, for the rehabilitation of existing structures for such persons and families, and for the construction of community facilities appurtenant thereto as provided in this Act; the payment of interest on bonds of the Authority; the establishment of reserves to secure such bonds; and all other expenditures of the Authority incident to and necessary or convenient to carry out its corporate purposes and powers. The Authority shall not have outstanding at any one time bonds and notes for any of its corporate purposes in an aggregate principal amount exceeding 200 million dollars, excluding bonds and notes issued to refund outstanding bonds and notes. The fixing of a statutory maximum in this Section shall not be construed as constituting a contract between the Authority and the holders of its bonds and notes that additional bonds and notes may not be issued subsequently by the Authority in the event that such statutory maximum shall subsequently be increased by law.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. GEORGIA AUCTIONEERS COMMISSIONJURISDICTION, ETC. Code Chapter 84-3A Amended. No. 637 (House Bill No. 622). AN ACT To amend Code Chapter 84-3A, relating to the Georgia Auctioneers Commission, so as to provide that any person acting as an auctioneer in the auction of antiques, farm equipment and farm land shall be subject to the requirements of this Act; to provide exceptions; to provide for qualifications for auctioneer and apprentice auctioneer licensees; to provide for deadlines for applicants for licensure without examination; to provide for the testing of nonresident applicants; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-3A, relating to the Georgia Auctioneers Commission, is hereby amended by striking Code Section 84-303A in its entirety and inserting in lieu thereof a new Code Section 84-303A, to read as follows: 84-303A. Exceptions.Except as otherwise provided in this Chapter, the provisions of this Chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, guardian, administrator

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or executor or any such person acting under order of any court, nor to attorneys at law licensed by the State of Georgia, nor shall they apply to a trustee acting under a trust agreement, deed of trust or will, nor shall they apply to sales at auction conducted by or under the direction of any public authority or State or governmental agency, or pursuant to any judicial order or decree. This Chapter shall not apply to any sale at auction if the proceeds of such sale are to be used exclusively for charitable purposes. The provisions of this Chapter shall not apply to any person who is acting as an auctioneer in the auction of his own property, either personal or real. The provisions of this Chapter shall not apply to any person acting as an auctioneer in the auction of livestock, forest products or farm products. The provisions of this Chapter shall not apply so as to prohibit any person from acting as an auctioneer not more than a total of three times in any year in the auction of farm equipment, farm lands, or both or farm equipment sold through licensed and bonded livestock auctions. Section 2. Said Code Chapter is further amended by striking Code Section 84-311A in its entirety and inserting in lieu thereof a new Code Section 84-311A, to read as follows: 84-311A. Qualifications.(a) No auctioneer's or apprentice auctioneer's license shall be issued to any person who has not attained the age of eighteen years nor to any person who is not a resident of the State of Georgia unless he has fully complied with the provisions of Section 84-314A nor to any person who is not a citizen or has not filed his intent to become a citizen of the United States. (b) Each applicant for an auctioneer's or apprentice auctioneer's license shall be required to pass an examination establishing in a manner satisfactory to the Commission that said applicant has a general knowledge of ethics, reading, writing, spelling, elementary arithmetic, elementary principles of land economics and a general knowledge of the statutes of this State relating to the bulk sales law, auctions brokerage and the provisions of this Chapter. (c) Each applicant for licensure as an auctioneer or apprentice auctioneer must prove to the Commission that he is reputable, trustworthy, honest, and competent to transact the business of an auctioneer, or of an apprentice auctioneer, in such a manner as to safeguard the interest of the public.

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(d) No auctioneer's license shall be given to any applicant who has not completed the following: (1) Served as an apprentice auctioneer for at least 12 months under the supervision of a licensed auctioneer in the State of Georgia; and (2) Served as principal auctioneer in 10 or more auctions during the period he was an apprentice auctioneer. (e) Any person who is a resident of Georgia and who on January 1, 1975, is lawfully engaged in business as an auctioneer and has engaged for a period of at least one year prior to January 1, 1975, and has been principal auctioneer for at least three auctions during this period of time, and furnishes satisfactory proof of same to the Commission by January 1, 1980, shall not be required to take an examination, but all such persons shall be entitled to receive a license from the Commission under the provisions of this Chapter on proper application thereof submitted by July 1, 1979, and payment of the license fee required by this Chapter. (f) Any member or officer of a partnership, association or corporation who is a resident of Georgia on the effective date of this Chapter and who is lawfully and actively engaged in the auction business shall receive their auctioneer's license without having to take the examination, if such person shall submit by January 1, 1980, a proper application for an auctioneer's license and pay the license fee in accordance with the provisions of this Chapter. Section 3. Said Code Chapter is further amended by adding a new subsection at the end of Code Section 84-314A, to be designated subsection (d), to read as follows: (d) Any nonresident who is a resident of a state without a license law may obtain a nonresident license by meeting the age requirements and passing the auctioneer's examination provided for by Section 84-311A. Such nonresident license shall be subject to the same requirements as other nonresident licenses under this Section., so that when so amended Code Section 84-314A shall read as follows:

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84-314A. Nonresident Auctioneers and Apprentice Auctioneers.(a) In connection with the application of a nonresident of this State for a license as an auctioneer, or apprentice auctioneer, the Commission may accept, in lieu of the qualifications otherwise required, the license as auctioneer or apprentice auctioneer issued to the applicant by the proper authority of the state of his domicile upon the payment by the applicant of the proper license fee and the filing, with the Commission, of a duly certified copy of the license issued to the applicant by the other state. The provisions of this Section shall only apply to licensed auctioneers and apprentice auctioneers of those states under the laws of which similar recognition and courtesies are extended to licensed auctioneers and apprentice auctioneers of this State and if the licensing requirements of such state include the passing of an examination of equal or higher standards than those required by this State. Should such nonresident licensee become a resident of the State of Georgia or desire to maintain a place of business in this State, he must secure a regular resident license in compliance with this Chapter and rules of the Commission governing original resident applicants; provided, that if another state requires a resident of this State to maintain a place of business in such other state, a resident of such other state shall maintain a place of business in this State and need not secure a regular resident license to maintain such place of business in this State. (b) Prior to the issuance of a license to a nonresident auctioneer or apprentice auctioneer, he shall file with the Commission a designation in writing that appoints the Georgia Auctioneers Commission or a deputy to be designated by it, to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licenses may be served. Service upon the agent so designated shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the Commission chairman, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee, which is served upon such agent, shall be of the same legal force and validity as if served upon the licensee, and that the authority shall continue in force so long as any liability remains outstanding in this State. Upon the receipt of

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all such process or notices, the Commission, or the deputy as designated by it, shall forthwith mail a copy of the same by certified mail to the last known business address of said licensee. (c) Nonresident licenses granted under reciprocal agreements, as provided in this Section, shall remain in force, unless suspended or revoked by the Commission for just cause or for failure to pay the renewal fee, and only as long as a reciprocal agreement is in effect between this State and the resident state of the nonresident licensee. (d) Any nonresident who is a resident of a state without a license law may obtain a nonresident license by meeting the age requirements and passing the auctioneer's examination provided for by Section 84-311A. Such nonresident license shall be subject to the same requirements as other nonresident licenses under this Section. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. ASSISTANCE TO PERSONS CHOKING. Code Chapter 88-10 Amended. No. 638 (House Bill No. 626). AN ACT To amend Code Chapter 88-10, relating to food service establishments, so as to require the Department of Human Resources to print and distribute notices to every food service establishment in this State containing information about assistance to persons who are choking; to provide for relief from civil liability; to repeal conflicting laws; and for other purposes.

"GA1979.1.1273">

Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-10, relating to food service establishments, is hereby amended by inserting a new Section after Code Section 88-1004, to be designated Code Section 88-1004.1, to read as follows: 88-1004.1. Notices relating to assistance to persons choking; contents; relief from civil liability. (a) The Department of Human Resources shall print and distribute notices to every food service establishment in this State explaining the proper procedures to be taken to assist or aid persons who are choking. The notices shall contain such information as is found appropriate or necessary by the Department and shall be posted and maintained by the food service establishment in a conspicuous place or places on the premises as required by the Department. (b) Any owner, employee or guest who renders emergency aid in good faith to persons who are choking without any charge for their services shall not be liable for any civil damages for any act or omission in rendering such emergency aid or as a result of any act or failure to act to provide or arrange for further treatment or care for such persons. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979.

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MOTOR FUEL TAXES. Code Chapters 92-14, 91A-50 Amended. No. 639 (House Bill No. 633). AN ACT To amend Code Chapter 92-14, relating to motor fuel taxation, so as to repeal a limitation upon payment of motor fuel taxes to the State; to authorize the levy of an additional tax on motor fuel; to prescribe the rate of such additional tax; to provide for the administration and collection of such additional tax; to provide for other matters relative to the foregoing; to amend Code Chapter 91A-50, relating to motor fuel taxation, so as to incorporate the provisions of this Act into, and continue the provisions of this Act as a part of, the new Georgia Public Revenue Code; to provide legislative intent; to provide an effective date; to provide conditions upon the effectiveness of this Act; to provide for automatic 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. Code Chapter 92-14, relating to motor fuel taxation, is hereby amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 92-1403, relating to levy of tax, and by redesignating paragraph (4) of said subsection as paragraph (3) so that when so amended subsection (a) of Code Section 92-1403 shall read as follows: (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

"GA1979.1.1275">

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) 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. Section 2. Said Code Chapter is further amended by adding a new Section at the end thereof, to be designated Code Section 92-1420, to read as follows: 92-1420. Second motor fuel tax; levy; rate; procedures. (a) In addition to the motor fuel tax otherwise levied pursuant to Code Section 92-1403, there is hereby levied a second motor fuel tax. (b) The motor fuel tax levied by this Section is levied at the rate of 3 percent of the retail sale price less the tax levied by Code Section 92-1403 upon the sale, use or consumption, as defined in Section 3 of the `Georgia Retailers' and Consumers' Sales and Use Tax Act', (Ga. Laws 1951, p. 360), as amended, of motor fuel in this State. Provided, however, this tax shall be subject only to the exemptions as stipulated in Code Chapter 92-14, as amended. (c) In all other respects, the tax levied by this Section shall be administered and collected, dealers shall be compensated and penalties and interest shall be imposed in the same manner as the sales and use tax collected pursuant to the `Georgia Retailers' and Consumers' Sales and Use Tax Act' (Ga. Laws 1951, p. 360), as amended.

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Section 3 . Code Chapter 91A-50, relating to motor fuel taxation, is hereby amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 91A-5003, relating to levy of tax, and by redesignating paragraph (4) of said subsection as paragraph (3) so that when so amended subsection (a) of Code Section 91A-5003 shall read as follows: (a) Levy of tax. (1) An excise tax is imposed at the rate of seven and one-half cents per gallon on distributors who sell or use motor fuel within this State. It is the intention of the General Assembly that the legal incidence of the tax be imposed upon the distributor. (2) In the event any motor fuels which are not commonly sold or measured by the gallon are used in any motor vehicles on the public highways of this State, the Commissioner may assess, levy, and collect a tax upon such fuels, under such regulations as he may promulgate, in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline. Any 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) 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 contained in this Chapter shall be construed to prevent a county, municipality, or other political subdivision of this State from levying license fees or taxes upon the business of selling motor fuel. Section 4 . Said Code Chapter is further amended by adding a new Section at the end thereof, to be designated Code Section 91A-5015, to read as follows: 91A-5015. Second motor fuel tax; levy; rate; procedures. (a) In addition to the motor fuel tax otherwise levied pursuant to Code Section 91A-5003, there is hereby levied a second motor fuel tax.

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(b) The motor fuel tax levied by this Section is levied at the rate of 3 percent of the retail sale price less the tax levied by Code Section 91A-5003 upon the sale, use or consumption (as defined in Code Section 91A-4501) of motor fuel in this State. This tax shall be subject only to the exemptions as stipulated in Code Section 91A-50, as amended. (c) In all other respects, the tax levied by this Section shall be administered and collected, dealers shall be compensated and penalties and interest shall be imposed in the same manner as the sales and use tax collected pursuant to Code Chapter 91A-45, as amended. Section 5 . It is the intent of the General Assembly, in the event any provision of this Act conflicts with any provision of that certain Act of the 1979 General Assembly entitled, in part An Act to revise, modernize, and update certain revenue laws and laws relating to the raising and expenditure of public revenues in this State, that the provisions of this Act shall prevail, but only to the extent of the conflict. Section 6 . This Act shall become effective July 1, 1979, except that Sections 3 and 4 of this Act shall become effective January 1, 1980. Section 7 . Any provision of Section 6 to the contrary notwithstanding, this Act shall not become effective if House Bill 634 of the 1979 Regular Session of the General Assembly is not enacted by the General Assembly and approved by the Governor or unless it otherwise becomes a law without his approval. Section 8 . Sections 1 and 2 of this Act are hereby repealed effective January 1, 1980. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979.

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MOTOR FUEL TAXES. Code Section 91A-4503 Amended. No. 640 (House Bill No. 634). AN ACT To exempt the purchase and sale of motor fuel from sales and use taxation; 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, to provide for such exemption; to amend Code Section 91A-4503, relating to exemptions from sales and use taxation, so as to incorporate the exemption into the new Georgia Public Revenue Code; to provide for automatic repeal of certain provisions of this Act as of the effective date of Code Title 91A; to provide an effective date; to provide conditions upon 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 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 (cc), to read as follows: (cc) Sales of motor fuels as defined in Code Section 92-1402 (g) with the following exception; (1) This exemption shall not apply to motor fuel, other than gasoline, purchased for purposes other than propelling motor vehicles on public highways as defined in Code Chapter 92-14 as amended.

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Section 2. Code Section 91A-4503, relating to exemptions from sales and use taxation, is hereby amended by adding a new subsection at the end thereof, to be designated subsection (qq), to read as follows; (qq) Sales of motor fuels as defined in Code Section 91A-5002 (i) with the following exception: (1) This exemption shall not apply to motor fuel, other than gasoline, purchased for purposes other than propelling motor vehicles on public highways as defined in Code Chapter 91A-50 as amended. Section 3. Section 1 of this Act is hereby repealed effective January 1, 1980. Section 4. This Act shall become effective July 1, 1979, except that Section 2 of this Act shall become effective January 1, 1980. Section 5. Any provision of Section 4 to the contrary notwithstanding, this Act shall not become effective if House Bill 633 of the 1979 Regular Session of the General Assembly is not enacted by the General Assembly and approved by the Governor or unless it otherwise becomes a law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDEDLOCAL UNITS OF ADMINISTRATION. No. 641 (House Bill No. 671). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. Laws 1974, p.

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1045), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 539), and an Act approved March 14, 1978 (Ga. Laws 1978, p. 990), so as to change certain provisions of the Act pertaining to the allocation of funds to local units of administration; 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 April 17, 1975 (Ga. Laws 1975, p. 539), and an Act approved March 14, 1978 (Ga. Laws 1978, p. 990), is hereby amended by adding in subsection (c) of Section 10 between the words employ and instructional the word licensed, so that when so amended, said subsection (c) shall read as follows: (c) A local unit of administration may use up to one-third of the funds earned from its allotted instructional units to employ licensed instructional personnel; provided, however, that the State Board of Education has approved the program improvement plan which describes how these funds will be utilized. Section 2. Said Act is further amended by inserting in Section 13 before the words instructional units the word certificated, so that when so amended Section 13 shall read as follows: Section 13. Instructional Media. The amount of funds needed by a local unit of administration during a fiscal year for the maintenance, repair, and purchase of instructional media, including soft-covered as well as hard-covered text and library books and consumable as well as nonconsumable supplies, shall be determined by multiplying the number of certificated instructional units allotted to the local unit under Sections 5, 10 and 12 of this Act by a sum of money which shall not be less than $500. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the purchase, distribution and use of such instructional media, and for the use of funds allotted under this Section.

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Section 3. Said Act is further amended by inserting in subsection (a) of Section 16 before the words instructional units the word certificated, so that when so amended subsection (a) of Section 16 shall read as follows: (a) The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses shall be determined by multiplying the number of certificated 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 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 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. INTEREST RATES ON LOANS SECURED BY SECONDARY SECURITY DEEDS. No. 642 (House Bill No. 673). AN ACT To amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, approved March 16, 1966

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(Ga. Laws 1966, p. 574), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1114), so as to change the provisions relative to the interest that may be charged on the principal amount of the loan; to reduce the maximum rate of charge; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, approved March 16, 1966 (Ga. Laws 1966, p. 574), as amended, particularly by an Act approved April 24, 1975 (Ga. Laws 1975, p. 1114), is hereby amended by striking subsection (d) of Section 2 in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Notwithstanding the method used for the computation of interest, interest may be charged on the principal amount of the loan as hereinbefore defined at the rate authorized and computed in accordance with the provisions of Code Section 57-116 relating to interest on loans to be repaid in weekly, monthly, quarterly, semi-annual or yearly installments. Section 2. Said Act is further amended by striking the words, symbols and figure one hundred fifty dollars ($150.00) in the second sentence of Section 1 in their entirety and inserting in lieu thereof the words, symbols and figure fifty dollars ($50.00). Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979.

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GAME AND FISHINSPECTION OF VESSELS AND BOATS. Code Chapter 45-1 Amended. No. 643 (House Bill No. 700). AN ACT To amend Code Chapter 45-1, relating to definitions, powers, and duties respecting game and fish, so as to provide for the inspection of certain vessels and boats; 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 45-1, relating to definitions, powers, and duties respecting game and fish, is hereby amended by adding a new Section thereto, to be designated Code Section 45-123, to read as follows: 45-123. Inspection of Vessels and Boats. The provisions of this Title or any rule or regulation adopted pursuant to this Title, pertaining to the operation of vessels or boats upon the waters of this State, shall be enforceable by, in addition to conservation rangers, agents of the Georgia Bureau of Investigation and other persons having responsibility to preserve the peace and enforce the laws of this State. Such persons shall have the authority to order any vessel or boat within the boundaries of this State to stop and lay to, board, inspect and examine the vessel or boat, its equipment, the wildlife on board, if any, and such documents, licenses, or other records which such vessel or boat is required to possess under the provisions of this Title and the Georgia Boat Safety Act (Ga. Laws 1973, p. 1427), as amended or as may be hereafter amended, for the purpose of determining compliance with the provisions of such laws. 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 17, 1979.

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EDUCATIONIMMUNIZATION OF SCHOOL CHILDREN FROM CONTAGIOUS DISEASES. Code Section 32-911 Amended. No. 644 (House Bill No. 705). AN ACT To amend Code Section 32-911, relating to the immunization of school children prior to their admission to the public schools, as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 910), so as to provide for a provisional certificate; to change the penalty for violations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 32-911, relating to the immunization of school children prior to their admission to the public schools, as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 910), is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 32-911, to read as follows: 32-911. Immunization of children as a prerequisite to admission. (a) No child shall be admitted to a public school operating in this State unless such child shall first have been immunized from contagious diseases itemized in appropriate rules and regulations promulgated by the State Board of Health. The child's parent or guardian shall furnish the school to which admittance is sought with a certificate of a physician licensed under the laws of the State of Georgia or public health department acknowledging that the child has been immunized before the child shall be admitted.

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(b) The county school superintendent or the principal of any school may issue a provisional certificate to the parent or guardian of any child for justifiable reasons. The provisional certificate shall be valid for a period not to exceed thirty days. (c) The State Board of Health shall determine which diseases are to be included in the rules and regulations promulgated by the local board of health. The State Board of Health shall immediately determine which diseases should be included and shall convey the list of diseases to the local boards of health. The list of diseases may be revised whenever the State Board of Health deems it necessary, and the local boards of health may revise their rules and regulations accordingly. (d) Any school official permitting any child to remain enrolled in any public school in violation of this Section and any parent or guardian of any child who shall fail to comply with the provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. (e) If, in the discretion of the health authority having jurisdiction or any physician licensed under the laws of the State of Georgia, any child to whom this Section applies shall be deemed to have a physical disability which may contra-indicate vaccination, a certificate to that effect issued by the health authority or physician may be accepted in lieu of a certificate of vaccination. This exemption shall not apply when such disability shall have been removed. (f) The provisions of this Section shall not apply if the parent or legal guardian of such child objects thereto on the grounds that such immunization conflicts with the religious beliefs of said parent or guardian, provided that immunization may be required in these cases when such disease is in epidemic stages. To comply with the requirements of this subsection, the parent or guardian must furnish the school an affidavit in which said parent or guardian swears under oath that the immunization required by this Chapter conflicts with the religious beliefs of said parent or guardian. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979.

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THE UNIFORM STANDARDS CODE FOR MOBILE HOMES ACT AMENDED. No. 646 (House Bill No. 744). AN ACT To amend an Act known as The Uniform Standards Code for Mobile Homes Act, approved February 12, 1973 (Ga. Laws 1973, p. 4), as amended, so as to authorize an increase in the manufacturing fee; to provide for the adoption of a monitoring inspection fee in an amount established by the Secretary of Housing and Urban Development; to authorize inspections by the Georgia Safety Fire Commissioner, or his authorized representatives, of premises in which mobile homes are being manufactured or sold in this State; to provide for civil and criminal penalties for persons within this State who violate the provisions of Section 610 of the National Mobile Home Construction and Safety Standards Act of 1974 (Public L. 93-383); to provide for the maintenance of records by manufacturers, distributors, and dealers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Uniform Standards Code for Mobile Homes Act, approved February 12, 1973 (Ga. Laws 1973, p. 4), as amended, is hereby amended by striking subsection (f) of Section 5 in its entirety and inserting in lieu thereof two new subsections, to be designated subsections (f) and (g), to read as follows: (f) During such time as the Commissioner's Office is acting as a primary inspection agency pursuant to Section 623 of the National Mobile Home Construction and Safety Standards Act of 1974 (Public L. 93-383), as it is now or hereafter amended, and the

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regulations issued thereunder, every manufacturer who manufactures mobile homes in Georgia shall pay to the Commissioner a manufacturing fee of $8.00 for each mobile home manufactured in Georgia irrespective of whether the mobile home is offered for sale in this State. (g) During such time that the Commissioner's Office is acting as a primary inspection agency pursuant to Section 623 of the National Mobile Home Construction and Safety Standards Act of 1974 (Public L. 93-383), the Commissioner may adopt a monitoring inspection fee not to exceed the amount established by the Secretary of Housing and Urban Development. This monitoring inspection fee shall be an amount paid by each mobile home manufacturer in Georgia for each mobile home manufactured in this State. The monitoring inspection fee shall be paid by the manufacturer to the Secretary of Housing and Urban Development or to the Secretary's agent for distribution in accordance with the provisions of the National Mobile Home Construction and Safety Standards Act of 1974, as it is now or hereafter amended, and the regulations promulgated thereunder. Section 2. Said Act is further amended by adding a new Section 7A immediately following Section 7, to read as follows: Section 7A. Records and reports. Each manufacturer, distributor, and dealer of mobile homes shall establish and maintain such records, make such reports, and provide such information as the Commissioner or the Secretary of Housing and Urban Development may reasonably require in order to be able to determine whether such manufacturer, distributor, or dealer has acted or is acting in compliance with this Act or with the National Mobile Home Construction and Safety Standards Act of 1974 (Public L. 93-383), as now or hereafter amended. Upon the request of a person duly designated by the Commissioner or the Secretary of Housing and Urban Development, each manufacturer, distributor, and dealer shall permit such person to inspect appropriate books, papers, records, and documents relevant to determining whether such manufacturer, distributor, or dealer has acted or is acting in compliance with this Act or with the National Mobile Home Construction and Safety Standards Act of 1974.

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Section 3. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10, to read as follows: Section 10. Enforcement. (a) No person may interfere with, obstruct, or hinder an authorized representative of the Commissioner who displays proper department credentials in the performance of his duties as set forth in the provisions of this Act. (b) The Commissioner or any of his authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this Act, are authorized during regular business hours and without advance notice to enter and inspect all facilities, warehouses, or establishments in the State of Georgia in which mobile homes are manufactured. (c) The Commissioner or any of his authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this Act, are authorized during regular business hours and without advance notice to enter upon and inspect all premises in the State of Georgia in which mobile homes are being sold. Section 4. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12, to read as follows: Section 12. Civil penalties. Any person in this State who violates any provision of Section 610 of the National Mobile Home Construction and Safety Standards Act of 1974 (Public L. 93-383), as it is now or hereafter amended, or any regulation or final order issued thereunder, shall be liable to the State of Georgia for a civil penalty not to exceed one thousand dollars for each such violation. Each violation of a provision of Section 610 of the aforementioned Act, or of any regulation or order issued thereunder, shall constitute a separate violation with respect to each mobile home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed one million dollars for any related series of violations occurring within one year from the date of the first violation. Section 5. Said Act is further amended by adding a new Section 12A immediately following Section 12, to read as follows:

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Section 12A. Criminal penalties. An individual or a director, officer, or agent of a corporation who knowingly and willfully violates Section 610 of the aforementioned Act in a manner which threatens the health or safety of any purchaser shall, upon conviction thereof, be fined not more than one thousand dollars or be imprisoned for not more than twelve months, or both. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. INSURANCEGROUP DISABILITY POLICIES. Code Section 56-2444 Enacted. No. 647 (House Bill No. 746). AN ACT To amend Code Chapter 56-24, relating to the insurance contract in general under the Georgia Insurance Code, as amended, so as to prohibit the offset in disability policies of certain increased social security benefits; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 56-24, relating to the insurance contract in general under the Georgia Insurance Code, as amended, is hereby amended by adding at the end thereof a new Code Section 56-2444, to read as follows: 56-2444. Prohibition of the offset of increased social security benefits. No group disability income policy which integrates benefits shall provide that the amount of any disability benefit actually being paid to the disabled person shall be reduced by changes in the level of social security benefits resulting either from changes in the

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Federal Social Security Act or due to cost-of-living adjustments provided in such Act, which become effective after the first day for which disability benefits become payable. Section 2. This Act shall apply to all group disability income policies delivered or issued for delivery in this State on or after July 1, 1979. Section 3. This Act shall become effective on July 1, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. STATE PERSONNEL BOARDHEALTH INSURANCE FOR PUBLIC SCHOOL EMPLOYEES. No. 648 (House Bill No. 751). 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, so as to change the provisions relative to the definition of a public school teacher, teacher and employee; to provide that the Board shall offer coverage to the surviving spouse of any teacher who died prior to January 1, 1979, and to any teacher with twenty or more years of creditable service who is not presently eligible to receive retirement benefits; to provide for the payment of premiums; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act 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, is hereby amended by striking subsection (a) of Section 1 in its entirety and inserting in lieu thereof a new subsection (a) of Section 1, to read as follows: (a) 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 also include any professionally certificated person who has acquired ten years or more of creditable service and who is being paid retirement benefits by the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as now or hereafter amended, or by other public school teacher retirement systems in the State of Georgia. 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 adding a new Section 13B to read as follows: Section 13B. Notwithstanding any other provisions of this Act to the contrary, the Board shall offer coverage to the surviving spouse of any teacher who died prior to January 1, 1979, and to any teacher with twenty or more years of creditable service who is not presently eligible to receive retirement benefits. The surviving spouse or teacher shall pay both the employer and employee premiums for such insurance coverage. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979.

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ESTATESRENUNCIATION OF SUCCESSION. Code Section 113-824 Amended. No. 649 (House Bill No. 770). AN ACT To amend Code Section 113-824, relating to the renunciation of succession, so as to change from six months to nine months the period of time within which the written instrument of renunciation must be filed; to provide for the effect of such change on existing interests in property; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 113-824, relating to renunciation of succession, is hereby amended by striking from subsection (b) of said Code Section, wherever the same appears, the following: six (6) months, and inserting in lieu thereof the following: nine months, so that when so amended subsection (b) of Code Section 113-824 shall read as follows: (b) The writing specified in (a) must be filed within nine months after the death of the decedent or the donee of the power, or if the taker of the property is not then finally ascertained not later than nine months after the event by which the taker of the interest is finally ascertained. The writing must be filed in the court of the county where proceedings concerning the decedent's estate are pending, or where they would be pending if commenced. A copy of

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the writing also shall be mailed to the personal representative of the decedent. Section 2. Any interest in property existing on the effective date of this Act may be renounced after the effective date of this Act in accordance with the provisions of Code Section 113-824, as hereby amended. Section 3. This Act shall become effective on July 1, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. GEORGIA MEDICAL ASSISTANCE ACT OF 1977 AMENDED. No. 650 (House Bill No. 774). AN ACT To amend an Act known as the Georgia Medical Assistance Act of 1977, approved March 16, 1977 (Ga. Laws 1977, p. 384), as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1520), so as to define the term third party; to provide that the receipt of medical assistance by an eligible person shall operate as an assignment to the Department of any right of such person for payment from a third party for such medical care; 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),

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as amended by an Act approved April 3, 1978 (Ga. Laws 1978, p. 1520), is hereby amended by adding a new subsection at the end of Section 3 thereof, to be designated subsection (i), to read as follows: (i) `Third party' means an individual, institution, corporation, or public or private agency, other than the Department, that is legally liable to pay all or any part of the medical costs incurred by a recipient of medical assistance on account of any sickness, injury, disease, or disability to such a recipient. Section 2. Said Act is further amended by adding a new subsection at the end of Section 9A thereof, to be designated subsection (d), to read as follows: (d) A recipient of medical assistance who receives medical care for which the Department may be obligated to pay shall be deemed to have made assignment to the Department of any rights of such person to any payments for such medical care from a third party, up to the amount of medical assistance actually paid by the Department: Provided, however, assignment does not attach to a recipient's right to any payments provided under private health care coverage prior to the receipt of written notice by the carrier, who issued the health care coverage, of the exercise by the Department of its assignment. The provisions of this subsection shall apply to a recipient only if notice of the provisions of this subsection are given to the recipient at the time his application for medical assistance is filed. The assignment created by this subsection shall be effective until the recipient of medical assistance is no longer an eligible recipient for medical assistance. 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 17, 1979.

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INVENTORY OF PERSONAL PROPERTY OWNED BY STATE. Code Section 91-802A Amended. No. 651 (House Bill No. 779). AN ACT To amend Code Section 91-802A, relating to the applicability of Code Chapter 91-8A, as amended, so as to change the definition of the term movable personal property; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 91-802A, relating to the applicability of Code Chapter 91-8A, as amended, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof the following: 91-802A. Applicability of Chapter. (a) This Chapter shall apply to movable personal property, which shall be defined as any item which meets the following criteria: (1) Any item which is basically nonconsumable and non-expendable in nature, such as motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances, etc. (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $100.00 or more. (3) Any item or items which an agency feels should be included in its personal property inventory, even though it fails to meet the criteria outlined above, may be included, provided the agency obtains prior approval from the Supervisor of Purchases. (b) The Supervisor of Purchases shall be authorized to include or exclude items from the inventory as he deems necessary and such

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determination shall be binding upon the various departments, boards, bureaus, commissions, institutions and other agencies of the State Government. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. GEORGIA SECURITIES ACT OF 1973 AMENDED. No. 652 (House Bill No. 783). AN ACT To amend an Act known as the Georgia Securities Act of 1973, approved April 18, 1973 (Ga. Laws 1973, p. 1202), as amended by an Act approved April 1, 1974 (Ga. Laws 1974, p. 284), as amended by an Act approved April 24, 1975 (Ga. Laws 1975, p. 928), so as to provide that no dealer, limited dealer, salesman or limited salesman, as defined by the Act, shall offer for sale or sell any securities within or from this State except as provided; to provide, in regard to registration of securities by notification, that if there is neither a readily determinable market price nor an offering price for setting the amount of securities of an issuer without fixed maturity, interest, or dividend provision, for measuring such by reference to book value; to provide for continuing the registration of a predecessor dealer or limited dealer for 75 days for his successor; to provide for an additional class of exempt securities which meet specified criteria; to provide that the transactional exemption of Section 9(h) shall be available if the exchange is for another security and payments necessary to effect equitable adjustments and shall not be available for securities issued in exchange for promissory notes issued pursuant to Section 8(i); to provide that the issuance of a security representing an interest in a collective investment fund, pursuant to a transaction otherwise exempt under subparagraph 9(i)(2), shall be exempt only if the fund is maintained by certain

"GA1979.1.1297">

entities otherwise regulated by the State or federal government; to provide for an additional transactional exemption for transactions involving the issuance of securities by one corporation to one or more other corporations which control the issuer; to provide that it shall be unlawful for any person in connection with the offer, sale or purchase of any security, directly or indirectly, to employ any device, scheme, or artifice, to defraud, or to engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller; to provide that an agent of an issuer is not liable for violations of the Act unless the agent is of a type particularly described in the Act; to provide that rescission offers can be made by registration by means of any subsection of Section 5 under which the original offer could have been 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 known as the Georgia Securities Act of 1973, approved April 18, 1973 (Ga. Laws 1973, p. 1202), as amended by an Act approved April 1, 1974 (Ga. Laws 1974, p. 284), as amended by an Act approved April 24, 1975 (Ga. Laws 1975, p. 928), is hereby amended by striking subsection (a) of Section 3 in its entirety and inserting in lieu thereof a new subsection (a) of Section 3, to read as follows: (a) No dealer, limited dealer, salesman or limited salesman, as defined by the Act, shall offer for sale or sell any securities within or from this State, except in transactions exempt under subsection (a), (b), (f), (g), (h), (i), (k) or (l) of Section 9, unless he is a registered dealer, limited dealer, salesman or limited salesman pursuant to the provisions of this Section; provided, however, that a real estate broker or salesman licensed to sell real estate in this State shall not be required to register as a dealer or a limited dealer or as a salesman or a limited salesman under this Act in connection with a sale by them of a security consisting of any interest in a residential unit and any rental management arrangement relating thereto. Section 2. Said Act is further amended by adding a new subsection (j) after subsection (i) of Section 3, to read as follows:

"GA1979.1.1298">

(j) In the event that a dealer or limited dealer succeeds to and continues the business of another registered dealer or limited dealer, the registration of the predecessor shall be deemed to remain effective as the registration of the successor for a period of 75 days after such succession, provided that an application for registration is filed within 30 days after succession on a form prescribed by the Commissioner. Section 3. Said Act is further amended by striking paragraph (2) of subsection (c) of Section 5 in its entirety and inserting in lieu thereof a new paragraph (2) of subsection (c) of Section 5, to read as follows: (2) The issuer and any predecessors during the past three fiscal years have had average net earnings, determined in accordance with generally accepted accounting principles, which are applicable to all securities without a fixed maturity or a fixed interest or dividend provision and which (i) equal at least five percent (5%) of the amount of securities without a fixed maturity or a fixed interest or dividend provision outstanding at the date the registration statement is filed (as measured by the maximum offering price or the market price on a day selected by the registrant within 30 days before the date of filing the registration statement, whichever is higher, or, if there is neither a readily determinable market price nor an offering price, as measured by book value on a day selected by the registrant and within 90 days of the date of filing the registration statement); or (ii) if the issuer and any predecessors have not had any securities without a fixed maturity or a fixed interest or dividend provision outstanding for three full fiscal years, equal at least five percent (5%) of the amount (as measured by the maximum public offering price) of such securities which will be outstanding if all the securities being offered or proposed to be offered (whether or not they are proposed to be registered or offered in this State) are issued. Section 4. Said Act is further amended by adding a new subsection (k) following subsection (j) of Section 8, to read as follows: (k) Any security which meets all of the following conditions: (1) If the issuer is not organized under the laws of the United States or a state, it has appointed a duly authorized agent

"GA1979.1.1299">

in the United States for service of process and has set forth the name and address of such agent in any prospectus offering such securities for sale; (2) A class of the issuer's securities is registered under Section 12 of the Securities Exchange Act of 1934 and has been so registered for the three years immediately preceding the offering date; (3) Neither the issuer nor a significant subsidiary has had a material default during the last seven years (or during the issuer's existence if less than seven years) in the payment of (i) principal, interest, dividend, or sinking fund installment on preferred stock or indebtedness for borrowed money, or (ii) rentals under leases with terms of three years or more; (4) The issuer has had consolidated net income (before extraordinary items and the cumulative effect of accounting charges) of at least $1 million in four of its last five fiscal years including its last fiscal year; and if the offering is of interest-bearing securities, has had for its last fiscal year such net income, but before deduction for income taxes and depreciation, of at least one and one-half times the issuer's annual interest expense, giving effect to the proposed offering and the intended use of the proceeds. `Last fiscal year' means the most recent year for which audited financial statements are available, provided that such statements cover a fiscal period ended not more than 15 months from the commencement of the offering; (5) If the offering is of stock or shares, other than preferred stock or shares, such securities have voting rights; (6) If the offering is of stock or shares, other than preferred stock or shares, such securities are owned beneficially or of record, on any date within six months prior to the commencement of the offering, by at least 1,200 persons, and on such date there are at least 750,000 such shares outstanding with an aggregate market value, based on the average bid price for that day, of at least $3,750.000. In connection with the determination of the number of persons who are beneficial owners of the stock or shares of an issuer, the issuer or broker-dealer may rely in good faith for the purposes of this Section upon written information furnished by the record owners.

"GA1979.1.1300">

Section 5. Said Act is further amended by striking subsection (h) of Section 9 in its entirety and substituting in lieu thereof a new subsection (h) of Section 9, to read as follows: (h) Any transaction pursuant to an offer exclusively to existing security holders of the issuer or a subsidiary of the issuer, including persons who at the time of the transaction or holders of convertible securities of the issuer, or a subsidiary of the issuer, if (1) the offer is for a security of the issuer in exchange exclusively for an outstanding security of the issuer or a subsidiary of the issuer and any payments which may be necessary to effect an equitable adjustment in respect of dividends, interest or fractional securities; and (2) no commission or other remuneration is paid or given directly or indirectly for soliciting any exchange by a security holder in this State; and (3) provided that the transactional exemption of this paragraph (h) of Section 9 shall not apply to transactions involving promissory notes issued in reliance upon Section 8(i) of this Act. Section 6. Said Act is further amended by striking paragraph (2) of subsection (i) of Section 9 in its entirety and substituting in lieu thereof a new paragraph (2) of subsection (i) of Section 9, to read as follows: (2) In connection with an employee stock purchase plan as defined in Section 423 of the Internal Revenue Code of 1954, as now or hereafter amended, or a stock bonus plan, pension plan, profit-sharing plan or retirement plan for employees or self-employed individuals qualified under Section 401 of the Internal Revenue Code of 1954, as now or hereafter amended, or individual retirement accounts qualified under Section 408 of the Internal Revenue Code of 1954, as now or hereafter amended; provided, however, the issuance of any such security representing an interest in a collective investment fund shall be exempt only if the fund is maintained by a bank organized under the laws of the United States or any bank or trust company organized and supervised under the laws of any state of the United States or sponsored by an investment company registered under the Investment Company Act of 1940, as

"GA1979.1.1301">

now or hereafter amended, or sponsored by an insurance company licensed to do business in this State. Section 7. Said Act is further amended by adding a new subsection (n) following subsection (m) of Section 9, to read as follows: (n) Any transaction involving the issuance of securities of a majority-owned subsidiary to its parent or any other majority-owned subsidiary of such parent, or the issuance of securities upon organization of an issuer to the parent of such issuer or to the majority-owned subsidiaries of such parent, if, after such issuance, the issuer is a majority-owned subsidiary of such parent. Section 8. Said Act is further amended by striking subsection (d) of Section 12 in its entirety and substituting in lieu thereof a new subsection (d) of Section 12, to read as follows: (d) It shall be unlawful for any person in connection with the offer, sale, or purchase of any security, directly or indirectly, (1) to employ any device, scheme, or artifice to defraud, or (2) to engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller. Section 9. Said Act is further amended by striking subsection (b) of Section 15 in its entirety and substituting in lieu thereof a new subsection (b) of Section 15, to read as follows: (b) Every person who directly or indirectly controls a person liable under subsection (a) above, every general partner, executive officer or director of such person liable under subsection (a) above, every person occupying a similar status or performing similar functions, and every dealer, limited dealer, salesman, or limited salesman who participates in any material way in the sale is liable jointly and severally with and to the same extent as the person liable under subsection (a) above unless the person whose liability arises under the provisions of this subsection (b) sustains the burden of proof that he did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which liability is alleged to exist. There is contribution as in the case of contract among several persons so liable.

"GA1979.1.1302">

Section 10. Said Act is further amended by striking the proviso at the end of the penultimate sentence of subsection (c)(2) of Section 15 and by substituting in lieu thereof a new proviso, to read as follows: provided, no written offer shall be effective within the meaning of this subsection unless it would be exempt under Section 9 of this Act or, if registration would have been required, then unless such rescission offer has been registered and effected under a subsection of Section 5 of this Act. Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. COASTAL MANAGEMENT ACT OF 1978 AMENDED. No. 653 (House Bill No. 788). AN ACT To amend an Act known as the Coastal Management Act of 1978, approved March 3, 1978 (Ga. Laws 1978, p. 245), so as to amend the definition of approved program to indicate that the program is prepared in consultation with the agencies and local governments in the coastal zone; to provide for the authority of the Coastal Management Board to make policies necessary to carry out the provisions of the Federal Coastal Zone Management Act; to provide that the Board and all agencies and local government exercising statutory authority in the coastal zone may enter into enforceable agreements to carry out the approved program; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

"GA1979.1.1303">

Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Coastal Management Act of 1978, approved March 3, 1978 (Ga. Laws 1978, p. 245), is hereby amended by inserting after the word prepared and before the word in in Section 2(b) the following: in consultation with the agencies and local governments exercising statutory authority in the coastal zone and, so that when so amended Section 2(b) shall read as follows: (b) `Approved program' means the management program for the coastal zone prepared in consultation with the agencies and local governments exercising statutory authority in the coastal zone and in accordance with the requirements of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.), and subsequently approved by the Associate Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration, U. S. Department of Commerce. Section 2. Said Act is further amended by adding after the word Act in Section 5(b) the following: and the Federal Coastal Zone Management Act of 1972, P. L. 92-583, as amended, so that when so amended Section 5(b) shall read as follows: (b) To make those policies necessary to carry out the provisions of this Act and the Federal Coastal Zone Management Act of 1972, P. L. 92-583, as amended. Section 3. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. Other Agencies to Cooperate, Enforceable Agreements; Local Governments. (a) All agencies shall cooperate with the Board and the Department in the administration and enforcement of this Act. All agencies currently exercising regulatory

"GA1979.1.1304">

authority in the coastal zone shall administer such authority in conformity with the provisions of this Act. The Board and all agencies and local governments exercising statutory authority in the coastal zone are hereby authorized to enter into agreements to carry out the approved program. Such agreements shall be enforceable by appropriate legal proceedings brought by the Attorney General or his representative at the request of the Governor. Section 4. Said Act is further amended by inserting a new section between Sections 7 and 8, to be Section 7A and to read as follows: Section 7A. Termination Date. Unless reestablished or continued by the General Assembly, the Board shall be terminated on July 1, 1984, and this Act shall be repealed in its entirety effective July 1, 1984. Section 5. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979.

"GA1979.1.1305">

ACT PROVIDING FOR REGISTRATION AND REGULATION OF CEMETERIES AMENDED. No. 654 (House Bill No. 795). AN ACT To amend an Act providing for the registration and regulation of cemeteries, approved April 4, 1969 (Ga. Laws 1969, p. 242), as amended by an Act approved March 20, 1970 (Ga. Laws 1970, p. 472) and an Act approved April 18, 1975 (Ga. Laws 1975, p. 697), so as to provide for the inclusion of mausoleums; to provide that each cemetery shall apply for and obtain a certificate of registration from the Secretary of State; to provide for the submission of certain information; to provide for an application fee; to provide for annual registration and the payment of annual fees by nonperpetual care cemeteries; to authorize representatives of the Secretary of State to examine applications and reports and issue certificates of registration; to provide that the trustee shall furnish the Secretary of State with an annual financial report on the trust fund; to provide for a merchandise trust fund; to authorize the Secretary of State to audit the books of each registered cemetery; to authorize the Secretary of State to revoke, suspend, or refuse to renew the certificate of registration of any cemetery; to provide for hearings; to provide for penalties; to authorize the Secretary of State to seek injunctions; to provide for the seizure of assets; to provide certain procedures in the event of the sale or transfer of a cemetery; 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 the registration and regulation of cemeteries, approved April 4, 1969 (Ga. Laws 1969, p. 242), as amended by an Act approved March 20, 1970 (Ga. Laws 1970, p. 472) and an Act approved April 18, 1975 (Ga. Laws 1975, p. 697), is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6, to read as follows: Section 6. Whenever any cemetery lot, grave space, niche, or crypt wherein perpetual care or endowment care is promised or

"GA1979.1.1306">

contracted for or guaranteed is sold by any cemetery, the cemetery shall, no later than the last day of the third month following the final payment for same, transmit to the trustee for addition to the trust fund the sum of $10.00 per burial space or ten percent of the sales price, whichever is greater, or five percent of the total sales price of mausoleums, niches, or crypts. 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. Each cemetery shall apply for and obtain a certificate of registration from the Secretary of State, and it shall be unlawful to sell any cemetery property without obtaining and maintaining a valid certificate. Each application for a certificate of registration shall be accompanied by the following: (a) A copy of a perpetual care trust fund agreement executed by applicant and accepted by the trustee calling for an initial deposit of the sum required by Section 4 of this Act, and with a copy of a bank cashier's check or certified check attached for such amount and payable to such trustee, the trust agreement being conditioned only upon issuance of a certificate of registration. (b) An application fee of $25.00. Section 3. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8, to read as follows: Section 8. Each registration of a perpetual care or endowment care cemetery shall be made on a form furnished by or prescribed by the Secretary of State on or before August 1 of each year. The registration shall include the name and location of the cemetery, the name and address of the owner (or registered office if a corporation), and the name and address of the trustee of the trust fund, as well as the name and address of the depository of the fund and shall be accompanied by a registration fee of $25.00 for the first year of doing business and a fee of $25.00 for each year thereafter. Nonperpetual care cemeteries shall pay an initial registration fee of $5.00

"GA1979.1.1307">

each year and shall annually register on forms provided by or prescribed by the Secretary of State. Section 4. Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9, to read as follows: Section 9. It shall be the duty of the Secretary of State, or his duly authorized representatives, to examine the applications and reports filed by cemeteries and their trustees and to issue certificates of registration upon proper applications. Section 5. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11, to read as follows: Section 11. The Secretary of State shall promulgate all necessary rules and regulations to effectuate the purposes of this Act in accordance with an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. He shall have the authority to audit or cause to be audited the books of each perpetual care cemetery and of the trust fund established by said cemetery at least once every two years, more often if necessary, to insure that the cemetery is complying with the provisions of this Act. Provided, however, in lieu of audit, the Secretary of State may accept the sworn statement of a certified public accountant as to the accuracy of the condition of each perpetual care cemetery and its trust fund. The trustee shall furnish yearly, to the Secretary of State, a financial report with respect to the trust fund. Section 6. Said Act is further amended by adding a new Section 11A immediately following Section 11, to read as follows: Section 11A. (a) Any cemetery receiving payment for merchandise normally sold by cemeteries which is not attached to the realty or delivered to the purchaser at the time of sale, including but not limited to the sale of subterranean crypts, mausoleums, vaults, markers, and monuments, whether bronze or otherwise, shall within thirty days after the receipt of any payment deposit a part thereof as hereinafter specified in subsection (b) hereof in a State bank, savings bank, trust company, national bank, or federal savings and loan

"GA1979.1.1308">

association located and doing business in this State and shall leave such funds on deposit therein until the merchandise shall be delivered by attachment to realty or otherwise, provided that when the cemetery shall have paid the wholesale price to the manufacturer of bronze and when the manufacturer shall have certified to the purchaser that such payment has been made and that such bronze markers and/or monuments will be shipped upon request of the purchaser, then the cemetery shall be authorized to withdraw the mentioned funds from deposit. (b) The amount to be deposited from each such sale shall be the actual wholesale cost of such merchandise or thirty-five percent of sales price of such merchandise, whichever is greater. If the contract of sale shall include cemetery space, mausoleum crypts which have not been constructed at time of sale, and/or attachments to realty, the portion of the sales price attributable to the sale of the contemplated merchandise shall be determined and it shall only be as to such portion of the total contract that deposit of wholesale cost or thirty-five percent of sales price, whichever is greater, shall be required. In the event that the sale of merchandise is on an installment contract, the contemplated trust deposit shall be a pro rata part from each installment payment, such deposit only being required pro rata as payments are made by the purchaser. (c) The funds on deposit under the terms hereof shall be deemed and regarded as trust funds pending delivery of the merchandise concerned, but after delivery of the merchandise concerned or upon completion of each phase of construction of mausoleum crypts, the cemetery shall be authorized to withdraw proportionately such deposit and treat the same as money belonging to the cemetery. Upon failure and/or refusal of the cemetery to deliver such merchandise in accordance with the terms of contract, the purchaser shall be entitled to recover from the trust fund the funds on deposit for undelivered merchandise and from the cemetery the remainder of the purchase price. (d) The Secretary of State shall have authority to audit or cause to be audited the books of each registered cemetery as to such merchandise trust funds as frequently as the Secretary of State may deem appropriate and to require such reports at least quarterly, as to such funds as the Secretary of State may deem appropriate; provided that the Secretary of State may accept a certified report of

"GA1979.1.1309">

examination from a certified public accountant in lieu of audit in the discretion of the Secretary of State. Furthermore, in the event that the Secretary of State may find reason to believe in any case that the amount of funds on deposit are less than that required in subsection (b), the Secretary of State may require such increase of deposit as he reasonably believes necessary to accomplish the trust purposes of this Section. (e) The Secretary of State may revoke, suspend, or refuse to renew the certificate of registration of any cemetery if, after notice and hearing held in accordance with the requirements of the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, the Secretary of State finds that such cemetery has wilfully violated the provisions of law contained in this Section, or has intentionally misrepresented or concealed any material fact in the application for the certificate of registration and has thereby obtained such certificate by fraud, or has wilfully failed to comply with any proper order, rule, or regulation of the Secretary of State, or has misappropriated, converted, or illegally withheld, or failed to account for any of said trust funds, or has committed any fraudulent act in promising, contracting for, or guaranteeing the sale of merchandise, perpetual care, or endowment care; provided, that the cemetery shall be afforded written notice of any such failure, refusal, or violation and shall have omitted to correct the same within ten days after receipt of such written notice requiring the correction of the same. (f) In addition to any other penalties that may be imposed, any cemetery wilfully violating any provisions of this Section or any rule, regulation, or order of the Secretary of State afforded pursuant to this Section shall be subject to a maximum civil penalty not to exceed $50.00 on violation for each day that such violation or violations persist, but not exceeding the total sum of $5,000.00. However, such penalty shall only be imposed if the cemetery shall fail to correct any failure, refusal or violation after written notice of the Secretary of State to correct same. The Secretary of State shall be authorized in his discretion to fail to impose penalty or impose any lesser penalty that he may deem to be sufficient and appropriate in any particular case. The amount of any such penalty may be collected by the Secretary of State in the same manner that money judgments are now enforced in the superior courts of this State; except that the order, rule, or finding of the Secretary of State as to

"GA1979.1.1310">

such penalty may be appealed to the superior court as are orders of the State Revenue Commissioner in the manner provided by Section 92-8446 or 91A-255 of the Code of Georgia, as amended, or, otherwise, judicial review may be had as provided by the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended. (g) In addition to the other penalties provided by this Section, the Secretary of State may bring a civil action in the county of the residence of the defendant cemetery to enjoin any violation or threatened violation of this Section or any rule, regulation, or order issued by the Secretary of State under this Section. Said action may be brought in the name of the State by the Attorney General of the State or the district attorney of the county of the defendant cemetery's residence. If the perpetual care trust fund has not been set up as required, the assets of the company may be seized and sold by the State under orders of the court to the extent necessary to provide said perpetual care trust fund and set up the same. In addition, where the certificate of registration has been revoked, the whole company property may be ordered sold after the perpetual care trust fund has been set up, so that the purchaser of the cemetery may continue to operate the same and maintain it under the terms of this Act. (h) When any perpetual care, nonperpetual care, or endowment care cemetery is sold or the ownership is otherwise transferred, or a controlling interest in same is sold or so transferred, the vendor or the transferor of such cemetery or interest shall remain liable for any funds that should have been deposited in the merchandise and/or perpetual care trust fund to the date of such sale or transfer and prior to such sale or transfer, the vendor or transferor shall notify the Secretary of State of the proposed transfer and submit to the Secretary of State any document or record the Secretary of State may require in order to demonstrate that said vendor or transferor is not indebted to the merchandise and/or perpetual care trust fund. After the transfer of ownership or control and the presentation of proof of currency of the merchandise and/or perpetual care trust fund by the vendor or transferor, the Secretary of State may require the presentation of proof of the continued current status of the merchandise and/or perpetual care trust fund by the vendee or transferee. The State is further authorized to recover from such vendor or transferor or vendee or transferee, for the benefit of the merchandise

"GA1979.1.1311">

and/or perpetual care trust fund, all sums which the vendor or transferor or vendee or transferee has not properly accounted for and paid into the trust fund, together with reasonable attorney's fees for the attorney handling such suit, said fee to be fixed and adjudged by the court hearing the case. (i) No certificate of registration shall be issued to the vendee or transferee of such cemetery until such vendee or transferee procures from the Secretary of State a statement that the provisions of this Section have been complied with, and that vendor or transferor does not appear to be indebted to the merchandise and/or perpetual care trust fund; however, such statement shall not be used as evidence, in any suit or other legal proceedings, that the vendor or transferor is not in fact indebted to the perpetual care trust fund. Section 7. 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. Wilful violation of any of the provisions of this Act or of the rules and regulations promulgated in accordance therewith shall constitute a misdemeanor and be punishable as provided by law. 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 17, 1979.

"GA1979.1.1312">

GEORGIA PUBLIC SERVICE COMMISSIONFUEL ADJUSTMENT CLAUSES. Code Chapter 93-3 Amended. No. 655 (House Bill No. 812). AN ACT To amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, as amended, particularly by an Act approved March 8, 1972 (Ga. Laws 1972, p. 137), and by an Act approved March 5, 1976 (Ga. Laws 1976, p. 419), so as to abolish automatic fuel adjustment clauses utilized by electric utility companies; to provide the procedures and conditions under which electric utility companies may increase or decrease any customer's billing for intrastate service by reason of changes in the cost of generating electricity; to provide for the recovery from customers of such electric utilities only the actual cost of fuel consumed in the production of electricity; to prevent the recovery of clearly illegal or imprudent costs; to provide for estimations of costs to be billed to customers and subsequent correction of those costs in order that customers pay and the utility companies collect no more and no less than the actual fuel costs; to provide for public hearings; to define certain terms; to require the disclosure of certain information by utilities when filing estimates of fuel 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. Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, as amended, particularly by an Act approved March 8, 1972 (Ga. Laws 1972, p. 137), and by an Act approved March 5, 1976 (Ga. Laws 1976, p. 419), is hereby amended by adding immediately following Code Section 93-307.1 a new Code Section to be designated Code Section 93-307.2 and to read as follows: 93-307.2. (a) On or after July 1, 1979, no utility regulated by the Public Service Commission shall automatically increase any customer's

"GA1979.1.1313">

billing for intrastate utility services by reason of application of any fuel adjustment tariff. Rate changes based solely on increases or decreases in the cost of fuel may be determined as set forth in this Section, and Section 93-307.1 shall not apply to proceedings conducted pursuant to this Section. (b) For the purposes of this Section, the following words or terms shall have the following meanings: (1) `Commission' shall mean the Georgia Public Service Commission. (2) `Utility' shall mean any retail supplier of electricity subject to the rate-making jurisdiction of the Commission. (3) `Fuel costs' of a utility company shall mean the cost of fuel as defined in the utility company's tariffs in effect on July 1, 1979, as such tariffs may be changed from time to time by order of the Commission as provided by law. (c) On or before May 15, 1979, each utility shall file with the Commission an estimate of fuel costs and estimated retail sales for the three calendar months beginning on July 1, 1979, and proposed base rate tariffs to recover those costs. Thereafter, a utility may change its base rates solely because of increased or decreased fuel costs only after filing with the Commission an estimate of its fuel costs and retail sales for the next three consecutive calendar months and proposed base rates to recover those costs, adjusted as required by subsection (g) of this Section. (d) Not less than ten days after any such filings or after a Commission show cause order concerning such base rates, the Commission shall conduct a public hearing on the information so filed for the purpose of determining its accuracy. The utility's testimony shall be under oath and shall, with any corrections thereto, constitute the utility's affirmative case. At any hearing conducted pursuant to this Section, the burden of proof to show that an increased rate, based on fluctuations in fuel costs, is just and reasonable shall be upon the utility. Formal intervention by customers of the utility shall be permitted. The staff of the Commission and formal intervenors shall have the right to examine all utility records used in the preparation of the testimony and exhibits of the utility, to crossexamine

"GA1979.1.1314">

utility witnesses and present rebuttal testimony, subject to cross-examination by all parties. (e) Following such hearing, the Commission shall issue an order stating the base rates to be used by the utility during the next three consecutive calendar months, or until changed as provided in this Section. Should the Commission fail or refuse to issue such order by the 45th day after the utility's filing, the base rates proposed by the utility shall thereupon be deemed adopted by operation of law. (f) Each utility shall compute, record and report to the Commission monthly the most current data available showing the monthly and accumulated over or under recovery of actual fuel costs resulting from application of its base rates. (g) Each base rate amendment shall include an adjustment based on actual expense to date in order that the accumulated retail fuel costs of the utility shall equal, as nearly as possible, the revenues recovered pursuant to the fuel recovery allowance contained in its base rates. The resulting adjustment in the charge, if any, shall be made to the nearest one ten-thousandth of a cent (0.0001) per kilowatt hour. (h) The Commission shall disallow, and make appropriate adjustment for, any reported fuel cost that is the result of illegal or clearly imprudent conduct on the part of the utility. (i) All Commission orders issued pursuant to this Section shall contain the Commission's findings of fact and conclusions of law upon which the Commission's action is based. Such order shall be deemed a final order subject to judicial review under the Georgia Administrative Procedure Act. (j) The Commission shall not prohibit or limit the operation of a rate schedule or other tariff of a utility to the extent it permits rate increases or decreases to adjust for increased or decreased purchased power costs, where such increased or decreased purchased power costs shall have become effective under the procedures of a federal regulatory agency or under a contract approved by a federal regulatory agency. Any subsequent refunds received by any such utility with respect to any such increased purchased power costs which

"GA1979.1.1315">

become effective under procedures of a federal regulatory agency, or otherwise, shall be refunded by the utility to its customers in the manner directed by the Commission. (k) In filing any estimate of fuel costs under subsection (c) of this Section, each utility shall disclose the name and address of each person, firm or corporation from whom the utility expects to purchase fuel, or the transportation of fuel, during the period covered by such estimate. Each such filing shall also disclose, when applicable, any financial interest the utility has in any person, firm or corporation expected to supply fuel, or to transport fuel, to the utility during the period covered by the estimate. It shall be the duty of the Commission to make public at each public hearing held pursuant to subsection (d) of this Section any information disclosed by a utility pursuant to the requirements of this subsection. It shall constitute a financial interest within the meaning of this subsection: (1) For any member of the board of directors of the utility to be a member of the board of directors of a corporation supplying fuel, or transporting fuel, to the utility; (2) For any member of the board of directors of the utility to be the proprietor of, or a partner in, any business supplying fuel, or transporting fuel, to the utility; or (3) For any member of the board of directors of the utility or the utility to own ten percent or more of the stock of any corporation supplying fuel, or transporting fuel, to the utility. 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 17, 1979.

"GA1979.1.1316">

PRESIDENTIAL PREFERENCE PRIMARY. Code Chapter 34-10A Amended. No. 656 (House Bill No. 821). AN ACT To amend Code Chapter 34-10A, relating to the Georgia Presidential Preference Primary, as amended, so as to change the provisions relating to procedures for selection of delegates to nominating conventions; to repeal certain provisions relating to the selection of delegates; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 34-10A, relating to the Georgia Presidential Preference Primary, as amended, is hereby amended by striking in its entirety Code Section 34-1005A, relating to procedures for selection of delegates to nominating conventions, and inserting in lieu thereof a new Code Section 34-1005A to read as follows: 34-1005A. The State Executive Committee of each political party or body shall determine the method and procedures by which delegates and delegate alternates to the national nominating conventions are selected as well as adopt any other rule not inconsistent with this Chapter. The State Executive Committee of the political party or body shall establish, at least ninety (90) days prior to the Presidential Preference Primary, procedures to be followed in the nomination of candidates for delegates and delegate alternates to the nominating convention of the political party or body. A copy of any rule or regulation adopted by the State Executive Committee shall be sent to the Secretary of State within seven (7) days after its adoption to become a public record. Section 2. Said Code Chapter is further amended by striking in its entirety Code Section 34-1010A which reads as follows:

"GA1979.1.1317">

34-1010A. The State Executive Committee of any political party or body which chooses to elect any or all of said party's delegates and delegate alternates in the primary shall by rule adopted at least ninety (90) days prior to the Presidential Preference Primary, determine the number of delegates and delegate alternates that may be elected from the State-at-Large, or selected in accordance with rules of the State political party or body, and that may be selected from each Congressional District, and for procedures to be followed for designating the candidate to whom a candidate for delegate or delegate alternate is pledged, if any, and for the replacement of delegates or delegate alternates upon death, withdrawal, or disqualification as defined by law or party rule. At least sixty-six and twothirds percent (66 2/3%) of all delegates and delegate alternates of any political party or body which chooses to elect any or all of its delegates or delegate alternates in the primary shall be elected on a Congressional District basis, with each Congressional District having proportionately the same number of delegates as shall be mathematically possible. The candidate for delegate or delegate alternate, as the case may be, receiving the highest number of votes within the Congressional District for that delegate or delegate alternate position shall be elected as the delegate or delegate alternate. In the event of a tie among two or more candidates receiving the highest number of votes for delegate or delegate alternate, the State Executive Committee shall elect the delegate or delegate alternate from among such candidates. The delegates or delegate alternates elected from the State-at-Large or in accordance with rules of the State political party or body shall be apportioned as provided by rule of the State political party or body. As to any party which does not choose to elect any of its delegates to said party's national convention in the primary provided herefor, the presidential candidate receiving the highest number of votes in any congressional district shall receive all the delegate votes from such congressional district, and the presidential candidate receiving the highest number of votes statewide shall receive all statewide delegate votes; provided, however, that no delegate shall be required to vote for such presidential candidate beyond the period set forth in section 34-1006A; and provided further that the provisions of this sentence shall not apply to any party which chooses to elect any or all of its delegates in the primary provided for in this Chapter. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

"GA1979.1.1318">

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979. SUPERVISOR OF PURCHASESMERCHANDISE PRODUCED BY TRAINING CENTERS, ETC. No. 658 (House Bill No. 362). AN ACT 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 17, 1975 (Ga. Laws 1975, p. 488), an Act approved March 24, 1976 (Ga. Laws 1976, p. 752), and an Act approved March 16, 1978 (Ga. Laws 1978, p. 1054), so as to provide for the purchase by the State and its political subdivisions of certain services provided, and goods, wares, and merchandise produced by, the sheltered workshops and training centers; to provide limitations; 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 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), an Act approved March 24, 1976 (Ga. Laws 1976, p. 752), and an Act approved March 16, 1978 (Ga. Laws 1978, p. 1054), is hereby amended by adding a new Section after Section 16 thereof, to be designated Section 16A, to read as follows:

"GA1979.1.1319">

Section 16A. All services provided or goods, wares, or merchandise produced wholly or in part by the sheltered workshops and training centers operated by or in contract with the Department of Human Resources 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 sheltered workshops and training centers where availability of such services, goods, wares, or merchandise has been certified in writing by the Commissioner of the Department of Human Resources and certified by the Commissioner of the Department of Administrative Services as competitive. Where not certified as available from the sheltered workshops and training centers, services, goods, wares, or merchandise shall be obtained from other agencies or activities of the State which are legally authorized to engage in the provision of such and have certified the availability with the advice and consent of the Department of Administrative Services. Section 2. The certification as to the availability of such services, goods, wares, or merchandise by the Commissioner of the Department of Human Resources shall be made by him based on standards which are promulgated by the Department of Human Resources. Such standards shall be developed in a manner which is designed to ensure fairness and equal participation of eligible providers and shall be approved by the Board of Human Resources. Section 3. This Act shall become effective July 1, 1980. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1979.

"GA1979.1.1320">

GAME AND FISHHUNTING LICENSES, ETC. Code Title 45 Amended. No. 659 (House Bill No. 165). AN ACT To amend Code Title 45, known as the Game and Fish Code, as amended, so as to provide that certain nonresidents and the members of the immediate family of such nonresidents may hunt on certain land without a hunting license if an affidavit has been filed with the Department; to make it lawful for certain nonresidents and members of their immediate family to hunt big game on certain land; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 45, known as the Game and Fish Code, as amended, is hereby amended by deleting in its entirety subsection 45-302(c) and inserting in lieu thereof the following new subsection 45-302(c): (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 fifty (50) acres of land in this State, and the immediate family of such person, may hunt on that land without purchasing a hunting license if the nonresident landowner has filed with the Department an affidavit, on a form provided by the Department, specifying the members of the nonresident's immediate family who are authorized to hunt on said land and including a certified copy of the deed to such land.

"GA1979.1.1321">

Section 2. Said Code Title is further amended by striking subsection 45-302(e) in its entirety and substituting in lieu thereof a new subsection 45-302(e) to read as follows: It shall be unlawful for any resident of Georgia who has attained the age of sixteen (16) years and for any nonresident, regardless of age, to hunt or possess big game, unless such person has in his possession a big game license, in addition to the required hunting license; provided, however, if the affidavit required by subsection 45-302(c) has been filed with the Department, it shall not be unlawful for a nonresident who owns at least fifty (50) acres of land in this State, and the immediate family of such nonresident, to hunt big game on said land without purchasing a big game license. 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1979. GEORGIA POST MORTEM EXAMINATION ACT AMENDED. No. 660 (House Bill No. 173). AN ACT To amend the Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 602), as

"GA1979.1.1322">

amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 503), so as to change the fees to be paid medical examiners for performing certain services; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 602), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 503), is hereby amended by striking subsection (5) of Section 3 in its entirety and inserting in lieu thereof a new subsection (5), to read as follows: (5) For each post mortem examination so performed, in cases where dissection of the body is not required, the medical examiner shall receive a fee of $50.00; and in cases where dissection of the body is required, he shall receive a fee of $175.00 for a partial post mortem examination and autopsy and a fee of $250.00 for a complete post mortem examination and autopsy; the fee in each case to be paid from funds of the county in which the act was committed, or if the county in which the act was committed is unknown, the county in which the body was found. In the event the place in which the act was committed is not known but is later established, the county in which the act was committed shall be responsible for payment of fees incurred by the medical examiner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1979.

"GA1979.1.1323">

CAMPUS AND UNIVERSITY POLICEMEN. No. 661 (House Bill No. 183). AN ACT To amend an Act granting certain campus policemen employed by public or private colleges and universities in this State certain law enforcement powers, approved March 30, 1977 (Ga. Laws 1977, p. 1160), so as to provide that said Act shall include campus policemen employed by a school or training facility operated by or pursuant to the authority of the State Board of Education; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act granting certain campus policemen employed by public or private colleges and universities in this State certain law enforcement powers, approved March 30, 1977 (Ga. Laws 1977, p. 1160), is hereby amended by striking Sections 1 and 2 in their entirety and substituting in lieu thereof new Sections 1 and 2 to read as follows: Section 1. As used in this Act, unless the context otherwise requires, the term (1) `campus' means the grounds and buildings owned or occupied by a college or university or the grounds and buildings of a school or training facility operated by or under the authority of the State Board of Education. (2) `college or university' means an accredited, nonproprietary public or private educational institution of higher learning located in this State. (3) `educational facility' means a college or university or a school or training facility operated by or under the authority of the State Board of Education.

"GA1979.1.1324">

(4) `campus policeman' means an employee of an educational facility whose duties include the enforcement of the laws of this State; the preservation of public order; the protection of life and property; the prevention, detection or investigation of crime; or any combination thereof. Section 2. On the campus of an educational facility, a campus policeman employed by such educational facility who is certified in accordance with the provisions of Section 3 of this Act when authorized by the governing body or authority of such educational facility shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such campus. Section 2. Said Act is further amended by striking from Section 3 the words college or university and inserting in lieu thereof the words educational facility, so that when so amended Section 3 shall read as follows: Section 3. As a condition precedent to the exercise of law enforcement powers pursuant to Section 2, a campus policeman must be certified by the Georgia Peace Officer Standards and Training Council as having met the qualifications and having completed the basic training requirements for a peace officer under the provisions of the Georgia Peace Officer Standards and Training Act, as now or hereafter amended. All costs incurred in such certification and training shall be paid by the educational facility employing the campus policeman. The provisions of this Act are permissive and shall not require the certification by the Georgia Peace Officer Standards and Training Council of campus policemen. The certification by the Georgia Peace Officer Standards and Training Council of a campus policeman does not require that the campus policeman so certified exercise the powers provided in Section 2. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1979.

"GA1979.1.1325">

WILLS AND ADMINISTRATION OF ESTATESYEAR'S SUPPORT, PRACTICE AND PROCEDURE, ETC. Code Title 113 Amended. No. 662 (House Bill No. 438). AN ACT To amend Code Title 113, relating to wills, descent and administration of estates, as amended, so as to provide for successor executors in certain cases; to provide for year's support for widowers and the practices and procedures 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 Title 113, relating to wills, descent and administration of estates, as amended, is hereby amended by adding at the end of Code Section 113-1202 a new subsection 11. to read as follows: 11. In lieu of the foregoing rules, the beneficiaries under a will who are capable of expressing a choice shall be entitled to name an administrator with the will annexed. Section 2. Said Code Title is further amended by inserting, following Section 113-1001, a new Code Section 113-1001.1 to read as follows: 113-1001.1. Husband's entitlement to year's support. Any person who becomes a widower on or after the effective date of this Section shall be entitled to year's support pursuant to the same provisions and subject to the same practices, procedures and limitations under which a widow is entitled to year's support.

"GA1979.1.1326">

Section 3A . This Act shall become effective on July 1, 1979, except the provisions of Section 2 of this Act which shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval. Section 3 . Code Chapter 113-15, relating to executors and administrators, is hereby amended by striking Code Section 113-1502 in its entirety and inserting in lieu thereof a new Section 113-1502 to read as follows: 113-1502 Powers and Immunities With Will Annexed. An administrator with the will annexed shall have all rights, powers, privileges, exemptions and immunities of the executor, including the dispensation by the testator of the necessity of the executor's making inventory or returns, except such as manifestly arise from personal trust and confidence placed in the executor named. Section 4 . Code Chapter 113-12, relating to executors and administrators, is hereby amended by adding after the words Every administrator in the first line of Code Section 113-1217 the words; , except an administrator with the will annexed, and by adding at the end of said Section a sentence to read as follows: The rules of law governing the bond of an executor shall be applicable in the case of an administrator with the will annexed., so that when so amended, Code Section 113-1217 shall read as follows: 113-1217 Bond of Administrator; Amount, Payee and Condition. Every administrator, except an administrator with the will annexed, upon his qualification, shall give bond, with good and sufficient security, to be judged of by the judge of the probate court, in a sum equal to double the amount of the estate to be administered; such bond shall be payable to the judge of the probate court for the benefit of all concerned, and shall be attested by him or his clerk, and shall be conditioned for the faithful discharge of his duty as such administrator, as required by law. A substantial compliance with these requisites for the bond shall be deemed sufficient, and no administrator's bond shall be declared invalid by reason of any variation therefrom, as to payee, amount or condition, where

"GA1979.1.1327">

the manifest intention was to give bond as administrator, and a breach of his duty as such has been proved. The rules of law governing the bond of an executor shall be applicable in the case of an administrator with the will annexed. 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 18, 1979. Editorial Note: The Enrolled Act has two Section 4. ACT REGULATING OCCUPATION OF COSMETOLOGY AMENDED. No. 664 (House Bill No. 565). AN ACT To amend an Act regulating the occupation of cosmetology, approved March 11, 1963 (Ga. Laws 1963, p. 45), as amended by an Act approved March 7, 1966 (Ga. Laws 1966, p. 195), an Act approved April 18, 1967 (Ga. Laws 1967, p. 727), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 803), so as to change the provisions relating to registration requirements; to change the composition of the Georgia State Board of Cosmetology; to change the provisions relating to powers, rules and regulations; to change the provisions relating to compensation and expenses of the Board; to provide for the setting of fees by the Georgia State Board of Cosmetology; to change the provisions relating to the study of cosmetology under cosmetologists or in beauty schools or colleges; to change the fees relating to persons washing and shampooing hair; to require certain subjects to be taught in a cosmetology school; to provide that the school owner or shop owner has the responsibility for registering students and apprentices with the Georgia State

"GA1979.1.1328">

Board of Cosmetology; to provide additional requirements for licensing cosmetologists and issuing certificates of registration for beauty shops, salons, schools and colleges; to delete certain requirements for posting certificates of registration; to provide for disciplinary sanctions, grounds for discipline and restoration of certificates of registration for master cosmetologists and for beauty shops, salons, schools and colleges; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act regulating the occupation of cosmetology, approved March 11, 1963 (Ga. Laws 1963, p. 45), as amended by an Act approved March 7, 1966 (Ga. Laws 1966, p. 195), an Act approved April 18, 1967 (Ga. Laws 1967, p. 727), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 803), is hereby amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. It shall be unlawful for any person to follow the occupation of a cosmetologist in this State unless he or she shall have first obtained a certificate of registration as provided in this Act. It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, beauty school, beauty college or school of cosmetology without first having obtained a certificate of registration for such shop, salon or school as provided in this Act. Any beauty shop, salon, school or college shall register with the Joint Secretary, State Examining Boards, prior to opening. This Act shall have uniform operation throughout the State so that no cosmetologist, beauty shop, beauty school, beauty college or school of cosmetology shall be exempt from regulation. Section 2 . Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: Section 4. There is hereby created the Georgia State Board of Cosmetology to consist of six (6) members, who shall have been citizens of the United States of America and residents of this State for at least five (5) years immediately prior to their appointment, for

"GA1979.1.1329">

the purpose of carrying out and enforcing the provisions of this Act. Members of the Board shall be at least twenty-five (25) years of age, be a high school graduate, and five of such members must have had at least five (5) years of practical experience in a majority of the practices of cosmetology, a portion of which must have been as a salon owner or manager. The Board shall meet not more than ninety (90) days per annum for the purpose of holding examinations, adopting rules and regulations and other matters pertaining to duties of said Board. No member of the Board shall be affiliated with any school of cosmetology. One member shall not have any connection with the practice or business of cosmetology whatsoever, but he shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the Board shall be affiliated or connected in any manner with any manufacturer, wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office. Board members shall be appointed for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. Said Board may do all the things necessary for carrying into effect the provisions of this Act and may, from time to time, promulgate necessary rules and regulations compatible with the provisions of this Act. The Governor may remove any Board member for cause. Each year the members shall elect a chairman from among themselves. In the event the members cannot agree as to whom shall be chairman, the Governor shall appoint one of such members as chairman. The chairman so elected or appointed shall be eligible to succeed himself. The members of the Board shall be considered public officers and shall take the oath required thereof. Section 3 . 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. (a) The Board shall have the power to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, salons, schools, colleges and schools of cosmetology, subject to the approval of the Department of Human Resources, and to cause the rules and regulations or any subsequent revisions to be in suitable form, and to transmit a copy thereof to the proprietor of

"GA1979.1.1330">

each beauty shop, salon, school, college and school of cosmetology. It shall be the duty of every proprietor or person operating a beauty shop, salon, school, college and school of cosmetology in the State to keep a copy of such rules and regulations posted in a conspicuous place in his shop, so as to be easily read by his customers. (b) The Secretary of State of Georgia shall employ eight (8) inspectors, with the approval of the Governor, who shall be employed on a full-time basis and selected subject to the following regulations: (1) To be employed as an inspector, a person shall have had at least three (3) years' experience as a master cosmetologist, and currently hold a valid license as a master cosmetologist, and shall have attained the age of twenty-one (21) years. (2) Inspectors shall be paid according to the rules and regulations of the State Merit System and shall receive, in addition, actual traveling expenses plus mileage, as provided by law for State employees. Inspectors shall serve at the pleasure of the Secretary of State of Georgia and the Governor. (3) Inspectors shall direct reports to the Board and the Joint Secretary, State Examining Boards, weekly. In all respects pertaining to their duties, inspectors shall be answerable to the Board. (c) All fees collected under this Act shall be remitted to the Director, Fiscal Division, Department of Administrative Services, and all salaries and expenses of inspectors and other expenses of said Board shall be paid from monies appropriated to the Joint Secretary but shall not exceed the amount of fees collected hereunder. (d) Any inspector shall have power to enter and make reasonable examination of any beauty shop, school and college in the State during business hours for the purpose of enforcing the rules and regulations of the Board and for the purpose of ascertaining the sanitary conditions thereof. (e) Any beauty shop, school or college in which tools, appliances and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health is hereby declared to

"GA1979.1.1331">

be a public nuisance and the proprietor thereof shall be subject to prosecution and punishment therefor. Said Board shall have authority to require employees in such shops to annually stand a physical examination. (f) The Georgia State Board of Cosmetology shall have the right to set a course of study for all students of the several schools of cosmetology within this State. (g) It shall be the duty of each school of cosmetology within this State to semiannually file with the Board a copy of the curriculum that they are teaching at the time of filing. This statement of curriculum must be certified by the owner of the school and shall be properly notarized. (h) Before a student shall be eligible to take the examination, he or she shall first file with his or her application for examination a transcript showing the number of hours and courses completed from the school or shop attended by the student. (i) It will not be necessary for any person or persons operating a beauty shop in a private home to post a sign denoting same to be a beauty shop unless the person or persons elect to do so. Section 4. Said Act is further amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows: Section 6. Each member of said Board shall receive a compensation of twenty-five ($25.00) dollars per day for actual services and, in addition thereto, actual expenses, including travel expenses, while discharging official duties, which compensation shall be paid out of monies collected under the provisions of this Act, after an allowance thereof by the Board upon an itemized and verified claim therefor, approved by the chairman of the Board and by the Joint Secretary, State Examining Boards, by the member claiming same. In no event shall any part of the expenses of the Board or any member thereof be paid out of any other funds. Section 5. Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows:

"GA1979.1.1332">

Section 10. (a) Any person desiring to obtain a certificate of registration under the terms of this Act shall make application through the Joint Secretary, State Examining Boards, to the Georgia State Board of Cosmetology therefor, shall present proof that he or she has completed ninth (9th) grade of school instruction or its substantial equivalent and shall satisfy said Board that he or she is free from infectious and contagious diseases. If, after examination, it shall appear that said applicant is above eighteen (18) years of age, of good moral character and free from contagious and infectious diseases; has completed a fifteen hundred (1500) credit hour study course at an accredited school or has served as an apprentice in a beauty shop or beauty salon for a period of at least three thousand (3000) credit hours; has practiced or studied the occupation of a cosmetologist; is possessed of the requisite skill in said occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in Section 1 of this Act and in all the duties and services incident thereto; shall pay to said Secretary an examination fee in such amount as shall be set by the Board by regulation; and shall present himself or herself at the next meeting of said Board held for examination of applicants and shall pass said examination, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of a cosmetologist. (b) Should an applicant under this Section fail to pass such an examination, the said Board shall furnish him or her a statement in writing, stating wherein said applicant was deficient. Nothing in this Act shall be construed to prevent applicants from making subsequent applications to qualify under this Section, provided they shall again pay the required examination fee. (c) All persons making application for examination under this Act shall, if free from infectious and contagious diseases, be allowed to practice the occupation of cosmetology until the next meeting of the Board held for the examination of applicants; and the Board shall issue a permit authorizing him or her to so practice said occupation until the said meeting. (d) Should an applicant have a current license of a master cosmetologist in force from another state and have paid to the Joint Secretary, State Examining Boards, a fee in such amount as shall be set by the Board by regulation, said applicant shall be issued a

"GA1979.1.1333">

certificate of registration entitling him or her to practice the occupation of a master cosmetologist, subject to the terms and provisions of this Act. Section 6. Said Act is further amended by striking Section 11 in its entirety and substituting in lieu thereof a new Section 11 to read as follows: Section 11. Nothing in this Act shall prohibit any person over the age of sixteen (16) years from learning said occupation under a cosmetologist, providing said cosmetologist has had at least three years' experience and has held a license of a master cosmetologist for three years, or under an instructor in a beauty school, college or school of cosmetology who has been a journeyman cosmetologist for a period of at least three years and has registered under this Act. Every shop owner and/or school owner shall have the responsibility for registering students and apprentices with the Joint Secretary, State Examining Boards. The shop owner and/or school owner shall file a statement in writing, showing the student's or apprentice's name and the address of the school or shop. The shop owner and/or school owner shall remit to said Secretary a fee in such amount as shall be set by the Board by regulation for the registration of the student or apprentice. The student or apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice said occupation. Said certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the Secretary and the payment of a renewal fee in such amount as shall be set by the Board by regulation. A certificate of registration authorizing a person to learn the occupation under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice the occupation in any capacity. Section 7. Said Act is further amended by striking from Section 11A, wherever the same shall appear, the following: of five ($5.00) dollars, and substituting in lieu thereof the following:

"GA1979.1.1334">

in such amount as shall be set by the Board by regulation, so that when so amended, Section 11A shall read as follows: Section 11A. A beauty shop or salon shall be authorized to employ a person to wash and shampoor hair, provided such person has satisfactory proof that he or she is free from infectious or contagious disease, and provided such person pays a registration fee in such amount as shall be set by the Board by regulation and an annual renewal fee in such amount as shall be set by the Board by regulation. A person employed under this Section who is not studying cosmetology under a licensed cosmetologist pursuant to Section 11 shall not be considered an apprentice and shall not receive any credit hours for such work. Section 8. Said Act is further amended by striking Section 12 in its entirety and substituting in lieu thereof a new Section 12 to read as follows: Section 12. (a) (1) All beauty schools, colleges or schools of cosmetology shall: (A) cause to be registered with the Board, at the time of opening, fifteen (15) bona fide students who have not held a student license any time during the twelve (12) months immediately preceding the date of their paid registration in such beauty school or college of cosmetology; (B) have not less than one instructor for every twenty (20) students or a fraction thereof; (C) keep permanently displayed a sign `Beauty School,' `Beauty College' or `School of Cosmetology,' as the case may be, and all such signs shall also display the words `Service by Students Only'; and, where service is rendered by students, no commissions or premiums shall be paid to such student for work done in said schools or colleges nor shall any person be employed by such schools or colleges to render professional service to the public. (2) All cosmetologists, beauty schools, beauty colleges or schools of cosmetology which shall take an apprentice or student

"GA1979.1.1335">

shall file immediately with the Georgia State Board of Cosmetology, through the Joint Secretary, State Examining Boards, the name and age of such apprentice or student; and the said Board shall cause the same to be entered on a register kept by such Secretary for that purpose. (3) All beauty schools, colleges and schools of cosmetology are required to keep in a conspicuous place in such schools or colleges a copy of the rules and regulations adopted by the Georgia State Board of Cosmetology. (b) Any person desiring to operate or conduct a beauty school, college or school of cosmetology, prior to opening, shall first secure from said Board a permit to do so and shall keep the same prominently displayed in such school or college. (c) Said Board shall have the right to pass upon the qualifications, appointments, courses of study and hours of study in said beauty school, college or school of cosmetology; provided, that all beauty colleges, beauty schools or schools of cosmetology shall be required to teach the following courses: Theory, Permanent and Cold Waving, Hair Coloring and Bleaching, Hair and Scalp Treatments, Hair and Scalp Conditioning, Hair Cutting and Shaping, Hairdressing, Shampooing, Styling, Comb Out, Charm, Reception, Desk Work, Art and Laboratory, Facials, Makeup and Arching, Skin Care, State Law, State Rules and Regulations and any other subjects related to cosmetology. (d) (1) Said Board shall have the right to suspend or revoke the certificate, permit or license of or to reprimand any such beauty school, college or school of cosmetology, or instructor or teacher therein, for the violation of any of the provisions of this Act. (2) Said Board shall have the same power and authority as to sanitary conditions over beauty schools, colleges or schools of cosmetology as it has over beauty shops and beauty salons. (e) (1) All teachers or instructors shall devote their entire time to instruction of students; provided, however, any person desiring to teach or instruct in any beauty school, college or school of cosmetology shall first file his or her application with the Joint

"GA1979.1.1336">

Secretary, State Examining Boards, and shall pay an examination fee in such amount as shall be set by the Board by regulation. Such person shall satisfy the Board that he or she holds a current master's license and also holds a diploma or certificate of fifteen hundred (1500) credit hours from a recognized school, is a high school graduate and has one year's instructor training in a registered beauty school. Such person shall also pass an examination satisfactory to the Board. (2) Any teacher or instructor shall renew his or her license biennially by remitting with his or her application a renewal fee in such amount as shall be set by the Board by regulation; provided, however, any teacher or instructor who fails to renew his or her master's license as a cosmetologist biennially on or before the thirty-first (31st) day of December, shall automatically have his or her license to teach or instruct revoked. A person failing to renew his or her teacher's license within two years after expiration shall be required to qualify under this Act for an examination for a teacher's license. Section 9. Said Act is further amended by striking Section 13 in its entirety and substituting in lieu thereof a new Section 13 to read as follows: Section 13. The holder of any certificate of registration issued under this Act shall display the same in a conspicuous place in his or her shop or place of business. Certificates of registration issued under the provisions of this Act shall be renewed on or before the thirty-first (31st) day of December in each second year by the holder of same, paying to the Joint Secretary, State Examining Boards, a renewal fee in such amount as shall be set by the Board by regulation. At the time of renewal, the holder must also satisfy the Board that he or she is free from infectious or contagious disease. Upon failure to renew such certificate of registration, it shall stand automatically revoked and the holder shall be disqualified from practicing the occupation of cosmetologist under this Act until all fees to date of application for reinstatement shall be paid and an application for reinstatement submitted along with a reinstatement fee in such amount as shall be set by the Board by regulation. If the Board is satisfied that the applicant for reinstatement meets all the qualifications set forth in Section 10, the applicant shall be issued a new certificate of registration.

"GA1979.1.1337">

Section 10. Said Act is further amended by adding, immediately following Section 13, a new Section to be designated Section 13.1 to read as follows: Section 13.1. (a) The Board, acting upon its own knowledge or written or verified complaint filed by any person, shall have the power to reprimand or power to suspend, revoke or cancel the certificate of registration of or refuse to grant, renew or restore a certificate of registration to a holder of any certificate of registration issued pursuant to this Act upon proof of any one of the following grounds: (1) willfully committing any false, fraudulent or deceitful act or using any forged, false or fraudulent document in connection with any requirement of this Act or the rules and regulations of the Board; (2) willfully failing at any time to comply with the requirements for a certificate of registration under the provisions of this Act; (3) practicing cosmetology under a false or assumed name; (4) willfully permitting an unlicensed person to practice, learn or teach cosmetology; (5) knowingly performing an act which in any way assists an unlicensed person to practice, learn or teach cosmetology; (6) willfully and knowingly violating, directly or indirectly, or assisting in the violation of any provision of this Act or any rule or regulation of the Board. (b) The Board, for good cause shown and under such conditions as it may prescribe, may restore a certificate of registration to any person, beauty shop or salon, school or college whose certificate of registration has been suspended, revoked or cancelled. (c) In any proceeding under this Section, the provisions of the Georgia Administrative Procedure Act shall apply.

"GA1979.1.1338">

Section 11. Said Act is further amended by striking Section 15 in its entirety and substituting in lieu thereof a new Section 15 to read as follows: Section 15. All beauty shops or salons shall be registered with the Joint Secretary, State Examining Boards, by the owner or manager thereof on or before July 1 of each second year. Said registration shall be made in letter form and shall include the name and location of the beauty shop or salon, the name and address of the owner, and the names and addresses of all employees of the shop or salon at the time of registration and shall be accompanied by a registration fee in such amount as shall be set by the Board by regulation. All beauty schools, colleges and schools of cosmetology shall be registered with the Joint Secretary, State Examining Boards, by the owner or manager thereof on or before July 1 in each second year. Said registration shall be made in letter form and shall include the name and location of the beauty schools or colleges, the name and address of the owner, and the names and addresses of all employees of the schools or colleges at the time of registration and shall be accompanied by a registration fee in such amount as shall be set by the Board by regulation. The Board is hereby authorized and directed to issue a certificate of registration to each shop, salon, school or college so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop, salon, school or college. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1979.

"GA1979.1.1339">

AMENDMENT OF LEASE WITH CONSOLIDATED ATLANTA PROPERTIES, LTD. (CAPCO). No. 46 (Senate Resolution No. 90). A RESOLUTION Authorizing the amendment of that certain Amendment to Leases (Consolidated Lease) entered into on April 25, 1974, by and between the State of Georgia (State) acting through the Governor and the Secretary of State and by virtue of and pursuant to Resolution Act No. 119 enacted by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, p. 1247), as lessor, and Consolidated Atlanta Properties, Ltd. (CAPCO), as lessee; to change the provisions relating to encroachments; to change the provisions relating to merger of improvements; to change the provisions relating to construction according to approved plans; to change the provisions relating to assignment of lease with lessor's consent; to change the provisions relating to repair of damaged improvements; to change the provisions relating to public liability insurance; to change the provisions relating to mortgaging of the leasehold; to change the provisions relating to reformation; to provide for certain descriptions of property; to provide for other matters relative thereto; to provide an effective date; and for other purposes. WHEREAS, under and by virtue of the terms and provisions of the Consolidated Lease, the State leased and demised unto CAPCO and CAPCO leased and acquired from the State a leasehold interest in certain State owned real property (Property), more particularly described in the Consolidated Lease, which Property includes certain air space and improvements together with certain rights of support and is subject to certain enumerated encumbrances and other terms and conditions, all as set forth in the Consolidated Lease; and WHEREAS, the Metropolitan Atlanta Rapid Transit Authority (MARTA) acquired certain interests of CAPCO and the State in and to the Property for the construction and placement of a portion of the MARTA Rapid Transit Rail System, thereby segmenting the Property in such a manner as to alter plans for the development of the Property; and

"GA1979.1.1340">

WHEREAS, at its meeting held on October 16, 1978, the State Properties Commission considered proposals to amend the Consolidated Lease and determined that the Consolidated Lease, especially the mortgaging and assignment provisions thereof, should be amended in order to facilitate development of the Property consistent with the operation of the MARTA Rapid Transit Rail System to be placed adjacent thereto, and for other matters, and further recommended to the Georgia General Assembly the amendment of the Consolidated Lease as more particularly set forth and described in that certain Supplemental Amendment No. 1 labeled EXHIBIT A attached hereto and by reference incorporated herein; and WHEREAS, CAPCO has agreed to the form of the amendment of the Consolidated Lease as set forth in said Supplemental Amendment No. 1 attached as EXHIBIT A hereto; and WHEREAS, the State will benefit and the value of the Property of the State will increase by facilitating development of the Property by the amendment of the Consolidated Lease, inasmuch as all improvements placed and erected on the Property by CAPCO will become the property of the State at the expiration or earlier termination of the term of the Consolidated Lease; and WHEREAS, the General Assembly has considered the aforesaid proposals and recommendation and has determined that the Consolidated Lease be amended in the manner and to the extent set forth in EXHIBIT A attached hereto and by reference incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the Property, and that in all matters relating to said Supplemental Amendment No. 1, the State of Georgia is acting by and through the State Properties Commission. Section 2. That the Consolidated Lease be amended in the manner and to the extent set forth in that certain Supplemental Amendment No. 1 labeled EXHIBIT A attached hereto and by reference incorporated herein; and that except as amended by said Supplemental Amendment No. 1, the Consolidated Lease and each

"GA1979.1.1341">

and every provision thereof is and shall continue in full force and effect according to the terms and provisions thereof. Section 3. That the Chairman of the State Properties Commission, being the Governor of the State of Georgia, be and is hereby authorized and empowered to execute the said Supplemental Amendment No. 1 and the Secretary of the State Properties Commission, being the Secretary of State of the State of Georgia, is hereby authorized and empowered to attest the signature of the Governor and to affix the Great Seal of the State and the Seal of the State Properties Commission thereto, upon the obtaining by CAPCO of the necessary consents (in recordable form) as provided in Section Forty-Seven (B) of the Consolidated Lease and upon receipt by the State Properties Commission of satisfactory evidence of such consents. Section 4. That this Resolution shall become effective as law immediately and only upon approval by the Governor and in accordance with the provisions hereof. EXHIBIT A STATE OF GEORGIA, COUNTY OF FULTON: SUPPLEMENTAL AMENDMENT NO. 1 THIS SUPPLEMENTAL AMENDMENT NO. 1 (hereinbelow for convenience referred to as First Supplemental Amendment) is made and entered into this..... day of....., 197....., by and between the STATE OF GEORGIA, acting by and through the STATE PROPERTIES COMMISSION and by virtue of and pursuant to the authority granted by Resolution Act Number..... (..... Resolution Number.....) approved by the Governor of the State of Georgia on....., Party Of The First Part (hereinafter for convenience referred to as Lessor), and CONSOLIDATED ATLANTA PROPERTIES, LTD., a Fulton County, Georgia, limited partnership whose sole general partner is DOWNTOWN DEVELOPMENT CORP., a Georgia corporation, Party Of The Second Part (hereinafter for convenience referred to as Lessee),

"GA1979.1.1342">

WITNESSETH THAT: WHEREAS, under and by virtue of the terms and provisions of that certain Amendment To Leases (hereinafter for convenience referred to as the Consolidated Lease) made and entered into on April 25, 1974, by and between Lessor, acting through its Governor and Secretary of State and by virtue of and pursuant to Resolution Act No. 119 passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, pp. 1247-1407), and Lessee, and recorded in Deed Book 6054, Page 25, of the Records of the Clerk of the Superior Court of Fulton County, Georgia, Lessor did lease and demise unto Lessee a leasehold estate in and to certain real property (hereinafter for convenience referred to as the Property) which is more particularly described in the Consolidated Lease; and WHEREAS, Lessor and Lessee desire to amend the Consolidated Lease in certain respects as more particularly hereinafter set forth. NOW, THEREFORE, in consideration of the premises, the mutual convenants and agreements herein set forth by each party to be kept and performed, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by each party hereto, Lessor and Lessee do hereby mutually covenant and agree as follows: 1. Section Ten of the Consolidated Lease is hereby amended by deleting the words or usefulness from the first complete sentence of said Section Ten so that when so amended, Section Ten of the Consolidated Lease shall read as follows: Section Ten: Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted . Lessee may use the Property for any lawful purpose but Lessee shall not do or permit any act or thing to be done which might impair the value of the Property or which constitutes a public or private nuisance. Lessee, acting in its own name and behalf, shall undertake to remove and cause the discontinuance of any and all encroachments, adverse uses and occupancies (other than the rights, privileges and interests in, to

"GA1979.1.1343">

and upon the Property, or any part thereof, in parties other than Lessor by virtue of the exceptions and encumbrances enumerated in the aforesaid Exhibit `B' hereof) (hereinafter singularly and collectively referred to as `Encroachment') in, to and upon the Property, or any part thereof. Lessor will, if and when requested in writing by Lessee, join with Lessee and become a party to any proceeding, judicial or otherwise, instituted for the purpose of freeing the Property from any Encroachment. If, due to any Encroachment, Lessee cannot use and enjoy the Property or any portion thereof, this Amended Lease shall not be void or voidable by the Lessee nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom nor shall the duties and obligations of the Lessee be affected, modified or changed thereby. It is understood and agreed that when any such Encroachment shall have been removed by judicial proceedings or otherwise, the use of those portions of the Property previously subject thereto shall, for the remaining term of this Amended Lease, inure to the benefit of Lessee to the same extent as the other portions of the Property herein leased. 2. Section Nineteen of the Consolidated Lease is hereby amended by adding the words or by any `Recognized Sublessee' (as said term is hereinbelow defined in Section Thirty of this Amended Lease) after the word Lessee as such word appears intermittently in the first complete sentence of said Section Nineteen so that when so amended, Section Nineteen of the Consolidated Lease shall read as follows: Section Nineteen: Merger Of Improvements By Lessee . Lessor consents to the construction of buildings and improvements (hereinafter referred to in this Amended Lease as `Special Improvement' or `Special Improvements' as the context requires) over and across the boundary lines of the Property, both vertical and horizontal, onto other contiguous lands (such other contiguous lands on which any such Special Improvement is constructed being hereinafter referred to as `Adjoining Property') which are owned by Lessee or by any `Recognized Sublessee' (as said term is hereinbelow defined in Section Thirty of this Amended Lease) or which are leased or subleased by Lessee or by any `Recognized Sublessee' (as said term is hereinbelow defined in Section Thirty of this Amended Lease) for a term of years not to expire prior to the expiration date of the term of

"GA1979.1.1344">

years of this Amended Lease. Lessor agrees and does hereby grant to the owner of the Adjoining Property and any party claiming by, through or under said owner, a non-exclusive easement to use (in common with Lessor hereunder and anyone claiming by, through or under Lessor) any such Special Improvement. Such non-exclusive easement herein granted shall (i) be for the use of all common areas and facilities located within any such Special Improvement and on the Property which shall reasonably be necessary or appropriate for the continued utilization of that portion of any such Special Improvement located on the Adjoining Property, including, but not limited to, aisles, hallways, elevators, restroom facilities, sidewalks, stairways and service areas; (ii) not vest into a present right of use until the expiration or termination of this Amended Lease; and (iii) expire automatically upon (a) the removal or demolition of any such Special Improvement (provided, however, that any such Special Improvement shall be removed or demolished only by the mutual agreement of the owners [which terms `owners' or `owner' as used in this Section Nineteen shall include all parties having an ownership or security interest in that portion of the Property and the Adjoining Property upon which the Special Improvement is located] of that portion of the Property and the Adjoining Property upon which the Special Improvement is located); or (b) December 27, 2054, whichever shall first occur. For the purposes of this Section Nineteen, the owners of that portion of the Property and the Adjoining Property upon which any such Special Improvement is located shall be deemed to have mutually agreed to remove or demolish any such Special Improvement, if, through the passage of time or otherwise, the structural soundness thereof deteriorates such that any such Special Improvement, including that portion of any such Special Improvement located on the Property, becomes untenantable and its continued existence constitutes a nuisance and a hazard to the public health and safety. Such non-exclusive easements shall be subject to the rights, if any, of any persons or entities which were vested prior to the commencement of the rights of the respective lessees under the various leases which are amended by this Amended Lease. Prior to commencement of any construction of any such Special Improvement, Lessee agrees to furnish Lessor a non-exclusive easement in recordable form and containing covenants running with the land executed by the owner of the Adjoining Property which grants to Lessor a non-exclusive easement as an encumbrance upon the Adjoining Property for the same purposes and uses and subject to substantially the same terms and conditions as are contemplated

"GA1979.1.1345">

under items (i), (ii) and (iii) of this Section Nineteen. The Commission shall, without any further action or authorization by the Georgia General Assembly being necessary, execute on behalf of Lessor any and all additional documents in recordable form as shall reasonably be requested by Lessee to ratify and to add specificity to the non-exclusive easements herein granted. Each such request for a non-exclusive easement shall be accompanied by a statement setting forth the specific details of the location (which shall include, but not be limited to, a current, accurate, properly labeled and recordable plat of boundary line survey depicting to the extent possible thereon the proposed non-exclusive easement area; said plat of boundary line survey shall be prepared at the expense of Lessee by a Georgia registered and licensed land surveyor or professional engineer), use and nature of such non-exclusive easement. From and after the expiration of the non-exclusive easements hereinabove set forth, Lessor shall have the exclusive right and option to sever and demolish that portion of any such Special Improvement located on the Property and to operate, occupy and maintain such portion of any such Special Improvement independent of any portion of any such Special Improvement located on the Adjoining Property. 3. Section Twenty-Four of the Consolidated Lease is hereby amended by deleting said Section Twenty-Four in its entirety and by substituting in lieu thereof the following, to wit: Section Twenty-Four: Construction According To Approved Plans . Lessee shall complete the construction of the proposed improvements substantially in accordance with the Preliminary Plans and substantially in accordance with the Structural Plans approved by the Commission; provided, however, that with respect to proposed improvements or portions thereof to be constructed within the boundaries of that certain real property more particularly described in Exhibit `C' of this Amended Lease, Lessee shall complete the construction of such proposed improvements or portions thereof substantially in accordance with the Preliminary Plans and strictly in accordance with the Structural Plans for such improvements or portions thereof which are approved by the Commission. The Commission, acting for and on behalf of Lessor, and without any further action or authorization by the Georgia General Assembly being necessary, shall execute such non-exclusive easements

"GA1979.1.1346">

as shall be reasonably necessary to Lessee, either as to the Property or as to any underlying or adjacent properties of Lessor, in order to make available to the Property or any portion thereof water, sewer, gas and electrical services and to provide to the Property or any portion thereof ground level accessibility for vehicular or pedestrian purposes; provided, however, that any such non-exclusive easements shall be subject to (i), as to the property described in Exhibit `C' of this Amended Lease, the rights, if any, of any tenant or lessee of the Lessor and the lessee of the property known as the Western and Atlantic Railroad, including, without limitation, the rights, if any, of the Louisville and Nashville Railroad Company (`LN') (and any party claiming by, through or under LN) under the terms of that certain Lease entered into by and between the State of Georgia, acting through the State Properties Control Commission and under and by virtue of the authority granted by Resolution Act No. 101 passed by the 1968 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 4, 1968 (Ga. Laws 1968, pp. 54-112) (hereinafter referred to as the `March 4, 1968 Lease'), as lessor, and LN, as lessee and (ii) the rights, if any, of any person or entity set forth in Item 6 of Exhibit `B' of this Amended Lease (as amended); Provided further, that as to such non-exclusive easements for ground level access, Lessee shall first obtain and submit to Lessor the written approval of LN (and any party claiming by, through or under LN by virtue of the March 4, 1968 Lease) in the event that said non-exclusive easements affect the right-of-way (or the use thereof) of the Western Atlantic Railroad as said right-of-way is located on the date of the execution of this Amended Lease by Lessor, or as the said right-of-way may be relocated pursuant to, under and by virtue of the terms and conditions of the said March 4, 1968, Lease (as the said March 4, 1968, Lease exists as of the date of the execution of this Amended Lease by Lessor), and that said non-exclusive easements for ground level access shall not result in any cost, expense or loss to or by Lessor; said non-exclusive easements, or any interest therein, shall be freely assignable, without the consent or approval of Lessor, to any person or entity whomsoever holding an interest in the Property, or any portion or portions thereof. All such non-exclusive easements shall terminate no later than December 27, 2044.

"GA1979.1.1347">

4. Section Thirty-One of the Consolidated Lease is hereby amended by deleting said Section Thirty-One in its entirety and by substituting in lieu thereof the following, to wit: Section Thirty-One: Assignment Of Lease With Lessor's Consent. Except as otherwise provided in this Amended Lease, Lessee, and its successors and assigns, shall not have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant hereto unless the written consent of Lessor is first had and obtained, which consent shall not be unreasonably withheld. Any assignment or transfer without such written consent shall be void. Any other provisions of this Amended Lease to the contrary notwithstanding, Lessee, and its successors and assigns, shall, without the consent or approval of Lessor, have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant hereto which Lessee desires to assign or transfer to a Leasehold Mortgagee pursuant to Section Forty-Seven of this Amended Lease; provided, however, that the Property shall not be divided or subdivided into separate parcels or tracts except in accordance with this Amended Lease. Any other provisions of this Amended Lease to the contrary notwithstanding, Lessee, and its successors and assigns, shall, without the consent or approval of Lessor, have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant hereto which Lessee desires to assign or transfer to any bank, savings and loan association, life insurance company, lending institution, financial institution, pension or retirement fund, publicly owned corporation or partnership (provided any of the foregoing entities have a net worth in excess of Five Million Dollars [$5,000,000.00]), public agency or authority or governmental entity; provided, however, that the Property shall not be divided or subdivided into separate parcels or tracts except in accordance with this Amended Lease. No assignment or transfer hereunder shall be valid or effective unless and until Lessee and its contemplated assignees or transferees (i) jointly give to Lessor written notice of such contemplated assignment or transfer (and enclosing a copy thereof) identifying the name and business address of the assignee or transferee and agreeing that the said assignee or transferee shall perform all duties and obligations arising by reason of the interest so assigned or transferred, and (ii) have received from Lessor written

"GA1979.1.1348">

acknowledgement of compliance with such notice, which acknowledgement shall not be unreasonably withheld or delayed and shall be in a form suitable for recording if so requested by Lessee or its assignee or transferee. Lessor agrees to attorn to any such assignee or transferee for the performance of all duties and obligations arising by reason of the interest of this Amended Lease so assigned or transferred; provided, however, it is hereby agreed and acknowledged by Lessor and Lessee that Lessee, its successors and assigns, shall not be relieved of its liability for the performance of such duties or obligations by any such assignment or transfer. Any other provisions of this Amended Lease to the contrary notwithstanding, in no event shall the assignment of a General Partner's or a Limited Partner's interests in Lessee or the creation and issuance by Lessee of additional limited partnership interests or the admission of additional or substituted general or limited partners in Lessee constitute an assignment or transfer by Lessee of this Amended Lease, and Lessor's consent shall not be required with respect to any such assignment, creation, issuance, admission or substitution. 5. Section Thirty-Nine of the Consolidated Lease is hereby amended by deleting said Section Thirty-Nine in its entirety and by substituting in lieu thereof the following, to wit: Section Thirty-Nine: Repair of Damaged Improvements . Should any building, other structures or improvements constructed and located by Lessee on or within the Property be damaged or destroyed by fire or any other casualty whatsoever during the term of this Amended Lease, Lessee, except as hereinafter provided in this Section Thirty-Nine, shall, within five (5) years from the date of such damage or destruction, commence the work of repair, reconstruction, restoration or replacement and shall prosecute the same with all reasonable dispatch, so that within ten (10) years from the date of such damage or destruction, or by the end of the term of this Amended Lease, whichever is earlier, such buildings, other structures or improvements shall have been repaired, reconstructed or restored to the extent that they have at least the same fair market value as they had before the damage or destruction or shall have been replaced by new buildings, other structures or improvements having at least the same fair market value as the damaged or destroyed buildings, other structures or improvements had before

"GA1979.1.1349">

said damage or destruction. Anything in this Amended Lease to the contrary notwithstanding, the period of time within which Lessee is hereinabove obligated to complete the repair, reconstruction, restoration or replacement of any buildings, other structures or improvements so damaged or destroyed shall be extended for the period of any delay in said completion not within the reasonable control of Lessee. Lessor and Lessee specifically agree that, except as otherwise provided in this Amended Lease, damage to or destruction of any buildings, other structures or improvements on or within the Property at any time during the term of this Amended Lease, by fire or any other casualty whatsoever, shall not work a termination of this Amended Lease or authorize Lessee or those claiming by, through or under Lessee to quit or surrender possession of the Property or any portion thereof, and shall not release Lessee in any way from its liability to pay Lessor the Rent herein provided for, or from any of the provisions of this Amended Lease. However, if any buildings, other structures or improvements constructed and located by Lessee on or within the Property shall be damaged or destroyed at any time within the last ten (10) years of the term of this Amended Lease, Lessee shall be relieved of any obligation to repair, reconstruct, restore or replace the said damaged or destroyed buildings, other structures or improvements upon payment by Lessee to Lessor, in a single total payment, of the sum of (i) the full insurable replacement value (One Hundred Percent [100%]) of said damaged or destroyed buildings, other structures or improvements; plus (ii) the total amount of Rent for the remainder of the unexpired term of this Amended Lease. The release of Lessee from Lessee's obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures or improvements shall be conditioned, in addition to the payment by Lessee of the sums herein enumerated, upon the clearing by Lessee (totally at Lessee's own cost and expense and without any cost to Lessor) of the Property of any debris or remains of the said damaged or destroyed buildings, other structures or improvements and upon delivery by Lessee to Lessor of an instrument releasing, demising, conveying and transferring to Lessor all of Lessee's rights, title and interest in and to the Property. 6. Section Forty-Four of the Consolidated Lease is hereby amended by deleting the word Lessor from the first complete sentence of

"GA1979.1.1350">

said Section Forty-Four and substituting in lieu thereof the word Lessee so that when so amended, Section Forty-Four of the Consolidated Lease shall read as follows: Section Forty-Four: Public Liability Insurance. Lessee agrees, at its own cost and expense, to obtain and maintain public liability insurance at all times during the term of this Amended Lease with responsible insurance companies, legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, with such reasonable coverage limits as may be determined by Lessee but with such coverage limits at all times to be not less than $1,000,000.00 for all damages arising out of bodily injuries to or the death of one person in any one occurrence, and, subject to the aforesaid limit for each person, a total of $5,000,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits of not less than $1,000,000.00 for all damages arising out of damage to or destruction of property in any one occurrence. The said public liability insurance shall insure Lessor and Lessee against any liability, damage, claim or demand in any way arising out of or in connection with the condition or use of the Property. 7. Section Forty-Seven of the Consolidated Lease is hereby amended by deleting the following from the beginning of said Section Forty-Seven, to wit: Section Forty-Seven: Mortgaging of the Leasehold. Lessee, and every successor and assign of Lessee (and any Recognized Sublessee and every successor and assign of a Recognized Sublessee, pursuant to sub-section [B] of Section Thirty above) shall have the right in addition to any other rights granted in this Amended Lease to encumber its interest in this Amended Lease (or in any Recognized Sublease) without Lessor's consent, under any one or more Leasehold Mortgages (as hereinafter defined), upon the condition that all rights acquired under the Leasehold Mortgage or Mortgages shall be subject to each of the provisions set forth in this Amended Lease and to all rights and interest of the Lessor therein. If, from time to time, Lessee or Lessee's successors and assigns (or Recognized Sublessees or their successors and assigns) shall encumber this Amended Lease

"GA1979.1.1351">

(or any Recognized Sublease) with a Leasehold Mortgage, and if the Leasehold Mortgagee (as hereinafter defined) registers with Lessor by delivering to Lessor a copy of such recorded Leasehold Mortgage certified by the Clerk or any Deputy Clerk of the Superior Court of Fulton County, Georgia, together with written notice specifying the name and address of the Leasehold Mortgagee, the pertinent recording data with respect to the Leasehold Mortgage and the term (duration) of the Leasehold Mortgage, Lessor agrees that from and after the date of receipt by Lessor of such notice and for the term (duration) of such Leasehold Mortgage, the following provisions shall apply:, and by substituting in lieu thereof the following, to wit: Section Forty-Seven: Mortgaging of the Leasehold. Lessee, and every successor and assign of Lessee (and any Recognized Sublessee and every successor and assign of a Recognized Sublessee, pursuant to sub-section [B] of Section Thirty above) shall have the right in addition to any other rights granted in this Amended Lease to encumber its interest in this Amended Lease (or in any Recognized Sublease) without Lessor's consent, under any one or more Leasehold Mortgages (as hereinafter defined), upon the condition that all rights acquired under the Leasehold Mortgage or Mortgages shall be subject to each of the provisions set forth in this Amended Lease and to all rights and interest of the Lessor therein. If, from time to time, Lessee or Lessee's successors and assigns (or Recognized Sublessees or their successors and assigns) shall encumber this Amended Lease (or any Recognized Sublease) with a Leasehold Mortgage, and if the Leasehold Mortgagee (as hereinafter defined) registers with Lessor by delivering to Lessor a copy of such recorded Leasehold Mortgage certified by the Clerk or any Deputy Clerk of the Superior Court of Fulton County, Georgia, together with written notice specifying the name and address of the Leasehold Mortgagee, the pertinent recording data with respect to the Leasehold Mortgage, Lessor agrees that, anything in this Amended Lease to the contrary notwithstanding, from and after the date of receipt by Lessor of such notice and for the term (duration) of such Leasehold Mortgage, the following provisions shall apply:.

"GA1979.1.1352">

8. Subsection Forty-Seven (I) of the Consolidated Lease is hereby amended by adding at the end of said subsection the following sentence, to wit: Subject to the foregoing limitation that the rights granted a Leasehold Mortgagee under this Section Forty-Seven shall not extend, as to any one portion of the Property, to more than five (5) such Leasehold Mortgagees at any one time, Lessor and Lessee agree that there is no limit on the total aggregate number of Leasehold Mortgagees at any time and from time to time entitled to exercise the rights granted to Leasehold Mortgagees under this Section Forty-Seven. 9. Section Fifty-Four of the Consolidated Lease is hereby amended by adding thereto a new Subsection (H) immediately after Subsection (G) of said Section Fifty-Four, which new Subsection (H) shall provide as follows, to wit: (H) Reformation. Subject to the foregoing provisions of this Section Fifty-Four, Lessor and Lessee agree that upon any condemnation of the Property or any portion thereof or any interest of Lessee therein, this Amended Lease and all of Lessee's covenants, agreements, obligations, duties, rights, powers and privileges created thereby shall automatically be deemed to be apportioned and to apply to and affect solely that portion of the Property or that interest of Lessee in and to the Property or any portion thereof which is owned by Lessee under this Amended Lease following any such condemnation. 10. Exhibit B of the Consolidated Lease is hereby amended by deleting Item 2 of said Exhibit B in its entirety, and by designating Items 3, 4, 5, 6, 7, 8, 9 and 10 of said Exhibit B, respectively, as Items 2, 3, 4, 5, 6, 7, 8 and 9, respectively.

"GA1979.1.1353">

11. Those provisions in the Consolidated Lease or this First Supplemental Amendment requiring or obligating Lessee to obtain the consent or approval of third parties (including, without limitation, Allright Parking of Georgia, Inc., other lessees of Lessor and others who may hold a right, title or interest in and to the Property or any other property owned by Lessor) to the contrary notwithstanding, Lessor and Lessee hereby covenant and agree that from and after the date hereof Lessee shall have no obligation, requirement or duty, to seek or obtain the consent or approval of any person or entity to any matter whatsoever except only (as to those matters directly affecting the property described in Exhibit C of the Consolidated Lease, as hereby amended) the Commission (acting for and on behalf of the State), any tenant or lessee of the State and the lessee of the property known as the Western and Atlantic Railroad. 12. The Consolidated Lease is hereby further amended by adding as Exhibit C thereto, which Exhibit C is for all purposes by this reference incorporated in and made a part of said Consolidated Lease, as hereby amended, the legal description attached to this First Supplemental Amendment as Exhibit 1, which Exhibit 1 is for all purposes by this reference incorporated herein and made a part hereof. 13. Lessor and Lessee hereby acknowledge and affirm that, except as amended in this First Supplemental Amendment, the Consolidated Lease and each and every provision thereof is and shall continue in full force and effect and that said Consolidated Lease, as amended in this First Supplemental Amendment, is hereby expressly ratified and confirmed by Lessor and Lessee. IN WITNESS WHEREOF, Lessor, acting by and through the State Properties Commission, and Lessee have caused these presents to be executed and their respective seals to be affixed hereunto by their respective duly authorized officers the day and year first above written.

"GA1979.1.1354">

LESSOR LESSEE EXHIBIT 1 TO FIRST SUPPLEMENTAL AMENDMENT EXHIBIT C The Property described herein consists of four (4) parcels, designated as Parcel I, Parcel II, Parcel III and Parcel IV, respectively, each of which is described hereinbelow.

"GA1979.1.1355">

PARCEL I All of the air space under and below a horizontal elevation plane at 1053.59 feet above U.S.C. and G.S. 1929 Adjusted Mean Sea Level which lies within the boundary of the following described property: ALL THAT TRACT or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street, a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street, which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course, a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course, a distance of 27.51 feet to the POINT OF BEGINNING; from the TRUE POINT OF BEGINNING as thus established, running thence northeasterly along the northwest line of said right-of-way of Forsyth Street, which forms an interior angle of 180 degrees with the last preceding course, a distance of 14.74 feet to a point; running thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an interior angle of 179 degrees 27 minutes with the last preceding course, a distance of 73.3 feet to a point; running thence northwesterly along a line forming an interior angle of 99 degrees 39 minutes with the last preceding course, a distance of 212.9 feet to a point; running thence southwesterly along a line forming an interior angle of 92 degrees 35 minutes with the last preceding course, a distance of 106 feet, more or less, to a point; running thence South 47 degrees 47 minutes 30 seconds East, a distance of 4 feet, more or less, to a point; running thence southeasterly along an arc of a curve (having a chord bearing South 51 degrees 09 minutes East, a distance of 88.1 feet), a distance of 88.16

"GA1979.1.1356">

feet to a point; running thence South 54 degrees 30 minutes 30 seconds East, a distance of 66.08 feet to a point; running thence southeasterly along an arc of a curve (having a chord bearing South 53 degrees 07 minutes 30 seconds East, a distance of 74.22 feet), a distance of 74.23 feet to the POINT OF BEGINNING; being a portion of the property designated as Tract 2 as shown on that certain blueprint of survey captioned SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD., dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor #490, recorded in Plat Book 104, Page 67, of the records of the Clerk of the Superior Court of Fulton County, Georgia, to which blueprint of survey reference is hereby made for all purposes. PARCEL II ALL of the air space under and below a horizontal elevation plane at 1051.47 feet above U.S.C. and G.S. 1929 Adjusted Mean Sea Level which lies within the boundaries of the following described property: ALL THAT TRACT or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of said right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of said right-of-way of Alabama Street, a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course, a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course, a distance of 42.25 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 179 degrees 27 minutes with the last preceding course, a distance of

"GA1979.1.1357">

73.3 feet to a point; run thence northwesterly along a line forming an angle of 99 degrees 39 minutes with the last preceding course, a distance of 212.9 feet to the POINT OF BEGINNING; from the TRUE POINT OF BEGINNING as thus established, running thence southwesterly along a line forming an exterior angle of 92 degrees 35 minutes with the last preceding course, a distance of 106 feet, more or less, to a point; running thence North 47 degrees 47 minutes 30 seconds West, a distance of 289 feet, more or less, to a point on a line being coincident with the southeast edge of Spring Street Viaduct; running thence North 18 degrees 32 minutes 30 seconds East along the line being coincident with the southeast edge of Spring Street Viaduct, a distance of 113.7 feet to a point; running thence southeasterly along a line forming an interior angle of 66 degrees 35 minutes with the last preceding course, a distance of 338.2 feet to the POINT OF BEGINNING; being a portion of the property designated as Tract 3 as shown on that certain blueprint of survey captioned SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD., dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor No. 490, recorded in Plat Book 104, Page 67, of the records of the Clerk of the Superior Court of Fulton County, Georgia, to which blueprint of survey reference is hereby made for all purposes. PARCEL III All of the air space under and below a horizontal elevation plane at 1054.1 feet above U.S.C. and G.S. 1929 Adjusted Mean Sea Level which lies within the boundaries of the following described property: ALL THAT TRACT or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 72.1 feet in width at said point) and the northwest line of the right-of-way of Forsyth Street (being 58.8 feet in width at said point); run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 89 degrees 35 minutes 30 seconds with the northeast line of

"GA1979.1.1358">

said right-of-way of Alabama Street, a distance of 117.65 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 176 degrees 24 minutes 30 seconds with the last preceding course, a distance of 121.05 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 180 degrees 59 minutes with the last preceding course, a distance of 42.25 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Forsyth Street which forms an angle of 179 degrees 27 minutes with the last preceding course, a distance of 73.3 feet to a point; run thence northwesterly along a line forming an angle of 99 degrees 39 minutes with the last preceding course, a distance of 212.9 feet to a point; run thence northwesterly along a line forming an angle of 180 degrees 00 minutes with the last preceding course, a distance of 338.2 feet to a point on a line being coincident with the southeast edge of the Spring Street Viaduct; run thence North 40 degrees 40 minutes 30 seconds West, a distance of 67.9 feet to a point on a line being coincident with the northwest edge of the Spring Street Viaduct, which point is the POINT OF BEGINNING; from the TRUE POINT OF BEGINNING as thus established, running thence northwesterly along the arc of a curve (having a chord bearing North 30 degrees 55 minutes West, a distance of 486.86 feet), a distance of 490.1 feet to a point on a line being coincident with the southeast edge of Techwood Viaduct; running thence southwesterly along a line being coincident with the southeast edge of the Techwood Viaduct and along an arc of a curve (having a chord bearing South 54 degrees 44 minutes 30 seconds West, a distance of 91.59 feet), a distance of 91.6 feet to a point; running thence South 14 degrees 53 minutes East, a distance of 0.5 feet to a point; running thence southeasterly along an arc of a curve (having a chord bearing South 30 degrees 43 minutes 30 seconds East, a distance of 558.72 feet), a distance of 565.9 feet to a point on a line being coincident with the northwest edge of Spring Street Viaduct; running thence North 18 degrees 45 minutes East along a line being coincident with the northwest edge of Spring Street Viaduct, a distance of 122.4 feet to the POINT OF BEGINNING; being a portion of the property designated as Tract 5 as shown on that certain blueprint of survey captioned SURVEY FOR CONSOLIDATED ATLANTA PROPERTIES, LTD., dated December 17, 1973, last revised January 17, 1974, prepared by A. W. Browning, Georgia Registered Land Surveyor No. 490, recorded in Plat Book 104, Page 67, of the records of the Clerk of the Superior

"GA1979.1.1359">

Court of Fulton County, Georgia, to which blueprint of survey reference is hereby made for all purposes. PARCEL IV Parcel IV herein consists of four (4) parcels, designated as Parcel E, Parcel F, Parcel G and Parcel R, respectively, each of which is described hereinbelow. PARCEL E All of the air space under and below the horizontal elevation plane at 1,054.10 feet above U. S. C. and G. S. 1929 Adjusted Mean Sea Level which lies within the boundary of the following described property: ALL THAT TRACT or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO ARRIVE AT THE TRUE POINT OF BEGINNING, begin at a point marked by a nail at the northwest corner of the intersection of Forsyth Street and Alabama Street, which point is located at Coordinates N1,365,541.498 and E431,296.850 Georgia 1927 Transverse Mercator Grid System, West Zone, as adjusted in 1974 for the Metropolitan Atlanta Rapid Transit Authority (MARTA); thence run North 53 degrees 16 minutes 49 seconds West 500.82 feet to MARTA Primary Control Monument No. W-4, the same being located at Coordinates N1,365,840.936 and E430,895.412; thence run North 78 degrees 22 minutes 59 seconds West 464.62 feet to a point on the northerly right of way line of the Central of Georgia Railroad right of way, which point marks the TRUE POINT OF BEGINNING; thence running North 78 degrees 58 minutes 26 seconds West, 42.67 feet to a point; thence running easterly, along the arc of a curve to the right, 562.79 feet to a point (said curve having a chord distance of 545.50 feet on a bearing of North 79 degrees 42 minutes 53 seconds East); thence running southeasterly, along the arc of a curve to the right, 11.09 feet to a point directly below the northwesterly right of way line of the Spring Street Viaduct (said curve having a chord distance of 11.09 feet on a bearing of South 75 degrees 21 minutes 30 seconds East); thence running South 16 degrees 10 minutes 01 second West, along a line

"GA1979.1.1360">

directly below said northwesterly right of way line, 30.01 feet to a point; thence running westerly along the arc of a curve to the left 10.18 feet to a point (said curve having a chord distance of 10.18 feet on a bearing of North 75 degrees 22 minutes 19 seconds West); thence running westerly along the arc of a curve to the left 507.27 feet to a point on the aforesaid right of way line of the Central of Georgia Railroad (said curve having a chord distance of 493.34 feet on a bearing of South 81 degrees 04 minutes 44 seconds West) which point marks the TRUE POINT OF BEGINNING. PARCEL F All of the air space under and below the horizontal elevation plane at 1,054.10 feet above U. S. C. and G. S. 1929 Adjusted Mean Sea Level which lies within the boundary of the following described property: ALL THAT TRACT or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO ARRIVE AT THE TRUE POINT OF BEGINNING, begin at a point marked by a nail at the northwest corner of the intersection of Forsyth Street and Alabama Street, which point is located at Coordinates N1,365,541.498 and E431,296.850 Georgia 1927 Transverse Mercator Grid System, West Zone, as adjusted in 1974 for the Metropolitan Atlanta Rapid Transit Authority (MARTA); thence run North 53 degrees 16 minutes 49 seconds West 500.82 feet to MARTA Primary Control Monument W-4, the same being located at Coordinates N1,365,840.936 and E430,895.412; thence running North 34 degrees 07 minutes 25 seconds East, 174.27 feet to a point directly below the southeasterly right of way line of the Spring Street Viaduct, which point marks the TRUE POINT OF BEGINNING; thence running northwesterly, along the arc of a curve to the left, 59.91 feet to a point directly below the northwesterly right of way line of said Spring Street Viaduct (said curve having a chord distance of 59.91 feet on a bearing of North 74 degrees 00 minutes 35 seconds West); thence running North 16 degrees 10 minutes 01 second East, along a line directly below said northwesterly right of way line, 37.01 feet to a point; thence running southeasterly, along the arc of a curve to the right, 59.90 feet to a point directly below the southeasterly right of way line of

"GA1979.1.1361">

the Spring Street Viaduct (said curve having a chord distance of 59.90 feet on a bearing of South 74 degrees 00 minutes 20 seconds East); thence running South 16 degrees 08 minutes 52 seconds West, along a line directly below the southeasterly right of way line of the Spring Street Viaduct, 37.01 feet to the TRUE POINT OF BEGINNING. PARCEL G All of the air space under and below the horizontal elevation plane at 1,051.47 feet above U. S. C. and G. S. 1929 Adjusted Mean Sea Level which lies within the boundary of the following described property: ALL THAT TRACT or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO ARRIVE AT THE TRUE POINT OF BEGINNING, begin at a point marked by a nail at the northwest corner of the intersection of Forsyth Street and Alabama Street, which point is located at Coordinates N1,365,541.498 and E431,296.850 Georgia 1927 Transverse Mercator Grid System, West Zone, as adjusted in 1974 for the Metropolitan Atlanta Rapid Transit Authority (MARTA); thence run North 53 degrees 16 minutes 49 seconds West 500.82 feet to MARTA Primary Control Monument W-4, the same being located at Coordinates N1,365,840.936 and E430,895.412; thence run North 34 degrees 07 minutes 25 seconds East 174.27 feet to a point directly below the southeasterly right of way line of the Spring Street Viaduct, which point marks the TRUE POINT OF BEGINNING; thence running North 16 degrees 08 minutes 52 seconds East, along the line directly below said southeasterly right of way line, 37.01 feet to a point; thence running southeasterly along the arc of a curve to the right, 95.40 feet to a point (said curve having a chord distance of 95.38 feet on a bearing of South 71 degrees 02 minutes 58 seconds East); thence running North 20 degrees 45 minutes 58 seconds East 7.00 feet to a point; thence running southeasterly along the arc of a curve to the right 71.22 feet to a point on the southwesterly line of property leased to the Louisville and Nashville Railroad Company (said curve having a chord distance of 71.22 feet on a bearing of South 67 degrees 53 minutes 05 seconds East); thence running South 50 degrees 21 minutes 53 seconds East, along

"GA1979.1.1362">

said southwesterly lease line, 105.44 feet to a point; thence run South 42 degrees 10 minutes 01 second West 18.72 feet to a point; thence run northwesterly along the arc of a curve to the left, 257.90 feet to a point (said curve having a chord distance of 257.57 feet on a bearing of North 67 degrees 49 minutes 39 seconds West), which point marks the TRUE POINT OF BEGINNING. PARCEL R All of the air space under and below the horizontal elevation plane at 1,053.59 feet above U. S. C. and G. S. 1929 Adjusted Mean Sea Level which lies within the boundary of the following described property: ALL THAT TRACT or parcel of land lying and being in Land Lots 77 and 78 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: TO ARRIVE AT THE TRUE POINT OF BEGINNING, begin at a point marked by a nail at the northwest corner of the intersection of Forsyth Street and Alabama Street, which point is located at Coordinates N1,365,541.498 and E431,296.850 Georgia 1927 Transverse Mercator Grid System, West Zone, as adjusted in 1974 for the Metropolitan Atlanta Rapid Transit Authority (MARTA); thence run North 53 degrees 16 minutes 49 seconds West 500.82 feet to MARTA Primary Control Monument W-4, the same being located at Coordinates N1,365,840.936 and E430,895.412; thence run North 34 degrees 07 minutes 25 seconds East 174.27 feet to a point directly below the southeasterly right of way line of the Spring Street Viaduct; thence run southeasterly along the arc of a curve to the right 257.90 feet to a point (said curve having a chord distance of 257.57 feet on a bearing of South 67 degrees 49 minutes 39 seconds East), which point marks the TRUE POINT OF BEGINNING; thence running North 42 degrees 10 minutes 01 second East 18.72 feet to a point on the southwesterly line of property leased to the Louisville and Nashville Railroad Company; thence running South 50 degrees 21 minutes 53 seconds East, along said lease line, 4.60 feet to a point; thence running southeasterly along the arc of a curve to the left and along said lease line 88.16 feet to a point (said curve having a chord distance of 88.11 feet on a bearing of South 53 degrees 43 minutes 28 seconds East); thence running South 57 degrees 04 minutes 55 seconds East, along said lease line, 66.08 feet

"GA1979.1.1363">

to a point; thence running southeasterly along the arc of a curve to the right and along said lease line 10.18 feet to a point (said curve having a chord distance of 10.18 feet on a bearing of South 56 degrees 53 minutes 58 seconds East); thence running South 34 degrees 52 minutes 29 seconds West 3.45 feet to a point; thence running North 55 degrees 07 minutes 31 seconds West 28.80 feet to a point; thence running North 60 degrees 51 minutes 00 seconds West 92.93 feet to a point; thence running northwesterly along the arc of a curve to the left, 50.34 feet to the TRUE POINT OF BEGINNING (said curve having a chord distance of 50.34 feet on a bearing of North 61 degrees 49 minutes 57 seconds West). Approved April 19, 1979. LAND CONVEYANCES TO CITY OF CALHOUN. No. 47 (Senate Resolution No. 94). A RESOLUTION Authorizing the leasing conveyance of certain State owned property to the City of Calhoun, 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 206 of the 14th District, 3rd Section, Gordon County, Georgia, and being more particularly described as a portion of parcel no. 2 of the Western and Atlantic Railroad Valuation Map No. V2/37 as filed in the State of Georgia Archives Building, Fulton County, Georgia, and being more particularly

"GA1979.1.1364">

described on a map on file in the State Properties Commission.; and WHEREAS, the said depot was utilized by the old Western and Atlantic Railroad operated by the State; and WHEREAS, the City of Calhoun, Georgia, is interested in using the depot for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, acting for and on behalf of the State of Georgia, is hereby authorized to convey or lease the hereinabove described property to the City of Calhoun, Georgia, subject to the following conditions: (1) that said tract of land shall be conveyed or leased to the City of Calhoun, Georgia, for a consideration to be determined by the State Properties Commission; (2) that the conveyance of the said tract of land shall be approved by, and the plat of survey to be obtained by the city be confirmed by, the State Properties Commission; 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 19, 1979.

"GA1979.1.1365">

EMPLOYEE TRAVEL REIMBURSEMENT POLICIES. No. 48 (Senate Resolution No. 101). A RESOLUTION Relative to the State Department of Audits and the State Office of Planning and Budget; and for other purposes. WHEREAS, the Department of Audits conducted a performance audit on the employee travel reimbursement policies and practices of all State agencies; and WHEREAS, that performance audit identified widely varying employee travel reimbursement practices and reimbursement rates among various State agencies; and WHEREAS, the Department of Audits and the State Office of Planning and Budget jointly developed and issued Official Statewide Travel Guidelines for intrastate travel for adoption by State agencies; and WHEREAS, the Official Statewide Travel Guidelines have been adopted by State agencies effective September 1, 1978. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Audits and the State Office of Planning and Budget are to be commended for their efforts in making State agency travel rates and practices more uniform and equitable; and (1) that the State Department of Audits and the State Office of Planning and Budget are hereby authorized and directed to jointly develop and issue such rules and regulations governing employee travel reimbursement that promote economy and efficiency in State government and which treat employees fairly and equitably; and (2) that the State Department of Audits and the State Office of Planning and Budget are hereby authorized and directed to review such rules and regulations at least annually and revise them as necessary; and

"GA1979.1.1366">

(3) that State agencies, boards and commissions are directed to adhere to these employee travel reimbursement rules and regulations unless granted an exception on an individual basis for unusual circumstances by both issuing agencies; and (4) that the State Department of Audits is hereby authorized and directed to include in its annual audits of the financial accounts of State agencies, boards, and commissions any audit exception to such established rules and regulations. Approved April 19, 1979. ENDORSEMENT OF FISCAL STANDARDS FOR LOCAL GOVERNMENTS. No. 50 (House Resolution No. 20-75). A RESOLUTION Endorsing basic fiscal standards for local governments; and for other purposes. WHEREAS, the General Assembly is desirous of encouraging fiscal responsibility among the cities and counties of the State; and WHEREAS, the State of Georgia has previously provided no guidance as to basic standards of fiscal management; and WHEREAS, a significant number of Georgia's local governments have already successfully implemented basic fiscal management systems; and WHEREAS, a basic fiscal management system should consist of the following: (a) an officially established twelve-month accounting period,

"GA1979.1.1367">

(b) an operating budget covering the aforementioned accounting period, (c) a double entry accounting system, and (d) an annual audit prepared in accordance with generally accepted auditing standards and reported in accordance with generally accepted accounting principles; and WHEREAS, the General Assembly wishes to go on record as supporting and recommending the establishment of a basic financial management system in each city and county. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby encourage and strongly support the establishment of a basic fiscal management system in each city and county in Georgia. BE IT FURTHER RESOLVED that the Department of Community Affairs is hereby directed to work in consultation with the Georgia Municipal Association, the Association County Commissioners of Georgia, the University System of Georgia and other appropriate public and private agencies to develop guidelines and models for the implementation of basic financial management systems by local governments in Georgia. Such guidelines and models shall be prepared and submitted to the General Assembly for review not later than September 1, 1979. Approved April 19, 1979. LAND CONVEYANCE TO MULLINS HOMES, INC. No. 51 (House Resolution No. 36-100). A RESOLUTION Authorizing the Board of Regents of the University System of Georgia to convey certain property in Houston County to Mullins Homes, Inc.; and for other purposes.

"GA1979.1.1368">

WHEREAS, the Board of Regents of the University System of Georgia is the record owner of some 50 acres of land in Houston County; and WHEREAS, said land was conveyed to said Board in 1939 but has never been used for public purposes; and WHEREAS, said Board has never exercised dominion over said land; and WHEREAS, said land has been continuously in the possession of certain private parties who in good faith under color of title have paid taxes on said land and exercised dominion over said land; and WHEREAS, Mullins Homes, Inc., in good faith paid to certain of said parties valuable consideration for said land and is desirous of developing said land in a beneficial manner; and WHEREAS, said land is surplus and cannot be used by the State. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is hereby authorized to convey by quit claim deed said land located in Houston County, hereinafter described, to Mullins Homes, Inc., for and in consideration of $10.00 and other benefits resulting to the State. Said conveyance shall be made on behalf of said Board and the State of Georgia in the manner prescribed by law. BE IT FURTHER RESOLVED that the property authorized to be conveyed hereby is more particularly described as follows: All that tract or parcel of land lying and being in the 10th Land District of Houston County, Georgia, containing 50 acres, more or less, and being parts of Land Lots 18 and 47, in the shape of a parallelogram and bounded on March 10, 1920, as follows: On the North by lands of Mattie Freeman; east by lands of A. F. Smith; south by lands of S. L. Norwood; and west by lands of O. B. Muse. Said described property is the same as that conveyed by deed from S. L. Norwood to John Brewer dated March 10, 1920, and

"GA1979.1.1369">

recorded in Deed Book 27, page 547, Clerk's Office, Houston Superior Court. Said property is likewise the same property as described in a deed from C. C. Pierce, Sheriff of Houston County, Georgia, to Commissioners of Roads and Revenues of Houston County, Georgia, dated September 6, 1932, and recorded in Deed Book 43, page 463, Clerk's Office, Houston Superior Court; and is likewise the same property as described in a deed from Commissioners of Roads and Revenues of Houston County, Georgia, to Charlie Brewer and James Brewer dated December 2, 1958, and recorded in Deed Book 131, page 57, said Clerk's Office. Affidavit of James Brewer and Charlie Brewer is recorded in Deed Book 131, page 58, said Clerk's Office. Said property was conveyed from Charlie Brewer and James Brewer to William C. Roughton by deed dated December 20, 1958, recorded in Deed Book 131, page 60, said Clerk's Office. Said property was likewise conveyed from William C. Roughton to Richard W. Roughton by two deeds, one of which is dated August 9, 1961, recorded in Deed Book 171, page 281 and the other being dated January 3, 1966, recorded in Deed Book 252, page 21, all of said references being to the records in the Clerk's Office, Houston Superior Court. Approved April 19, 1979. SERVICES FOR THE AGED STUDY COMMITTEE CREATED. No. 57 (House Resolution No. 77-311). A RESOLUTION Creating the Services for the Aged Study Committee; and for other purposes. WHEREAS, Senate Resolution 283 of the regular 1978 Session of the Georgia General Assembly created a Services for the Aged Study Committee to function during 1978; and WHEREAS, the Services for the Aged Study Committee during 1978 engaged in a number of activities to assess the needs of the elderly and the adequacy of existing programs to meet these needs

"GA1979.1.1370">

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 1978 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 1978, 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; and WHEREAS, the Services for the Aged Study Committee serves as an important link between Georgia's elderly citizens and members of the General Assembly, thus providing a mechanism whereby those elderly citizens may air their concerns and grievances, and propose constructive suggestions for meeting the needs of the increasing numbers of elderly in the State; and WHEREAS, continuity of membership on the Services for the Aged Study Committee is necessary to avoid unnecessary reconsideration of problems already dealt with by the Committee and to provide a demonstrated familiarity and concern with the problems of the aged. 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 seven members of the Senate to be appointed by the President of the Senate and seven members of the House to be appointed by the Speaker of the House. Four of the

"GA1979.1.1371">

seven Senate members appointed shall be members of the Aging Subcommittee of the Senate Human Resources Committee, and four of the seven House members appointed shall be members of the House Human Relations and Aging Committee. The Speaker of the House shall appoint the chairman of the Committee, and the President of the Senate shall appoint the vice chairman of the Committee. The Committee shall meet upon the call of the chairman. BE IT FURTHER RESOLVED that 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, 1980, 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 19, 1979. GEORGE H. McMILLAN BRIDGE DESIGNATED. No. 60 (House Resolution No. 93-355). A RESOLUTION Designating a certain bridge as the George H. McMillan Bridge; and for other purposes.

"GA1979.1.1372">

WHEREAS, Mr. George H. McMillan served the citizens of Georgia and Cobb County in an outstanding manner; and WHEREAS, Mr. McMillan was a commissioner of Cobb County and instrumental in obtaining the industrial growth of said county; and WHEREAS, Mr. McMillan was a learned and great son of Georgia, the echo of whose footsteps will be of great influence and benefit to his fellowman. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Burnt Hickory Road, also known as Harmony Grove Road, which crosses Pumpkinvine Creek in the third district of the third section of Paulding County, is hereby designated the George H. McMillan Bridge. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to his widow, Mrs. Evelyn McMillan. Approved April 19, 1979. LAND CONVEYANCE TO CITY OF DALTON. No. 63 (House Resolution No. 125-510). A RESOLUTION Authorizing the conveyance of certain State-owned property to the City of Dalton, 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 Western and Atlantic Railroad Freight Depot and the immediate property on which said depot is located, more or less, lying and being in Land Lot 219 of the 12th District, 3rd Section, Whitfield County, Georgia, and being more particularly described

"GA1979.1.1373">

as a portion of parcel no. 6 of the Western and Atlantic Railroad Valuation Map No. V2/S.47 as filed in the State of Georgia Archives Building, Fulton County, Georgia.; and WHEREAS, the said depot is of historical significance in the development of the City of Dalton; and WHEREAS, the City of Dalton 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 Dalton subject to the following conditions: (1) that said tract of land shall be conveyed to the City of Dalton 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 prepared by the City of Dalton shall be confirmed by the State Properties Commission; 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 19, 1979. LEASE OF LAND IN WHITFIELD COUNTY AUTHORIZED. No. 65 (House Resolution No. 149-540). A RESOLUTION Authorizing the lease 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:

"GA1979.1.1374">

ALL THAT TRACT OR PARCEL OF LAND containing 2.5 acres, more or less, lying and being in Land Lots 39 and 40 of the 12th District, 3rd Section, Whitfield County, Georgia, and being more particularly described as parcel no. 6 of the Western and Atlantic Railroad Valuation Map No. V2/51 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, acting for, on behalf of and in the name of the State of Georgia, is hereby authorized to lease the hereinabove described tract of land subject to the following conditions: (1) that said tract of land shall be leased to a lessee as determined to be in the best interest of the State of Georgia by the State Properties Commission; (2) 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 Western and Atlantic Railroad Valuation Map No. V2/51 on file with the Department of Archives and History shall constitute an acceptable plat; and (3) that the term of the lease shall expire no later than the current term of the Western and Atlantic Railroad lease relative to said property. Approved April 19, 1979. EASEMENT TO FULTON COUNTY AUTHORIZED. No. 67 (House Resolution No. 162-650). A RESOLUTION Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Fulton County, Georgia, an easement over, under and across certain property owned by the State of Georgia located in Cobb County and Fulton County, Georgia, for the construction and maintenance of a sewer pipeline; to provide for conditions and the term of such easement; and for other purposes.

"GA1979.1.1375">

WHEREAS, the State of Georgia is the owner of certain real property located in Cobb County and Fulton County, Georgia, now administered by the State Department of Natural Resources; and WHEREAS, Fulton County presently holds a revocable license dated August 2, 1978, as amended, permitting said county to construct and maintain a sewer pipeline under and upon said property; and WHEREAS, the State of Georgia desires to convey the tract of land upon which the revocable license is situated to the United States of America for inclusion in the Chattahoochee River National Recreation Area, pursuant to Public Law 95-344; and WHEREAS, such a conveyance would result in the destruction of the revocable license agreement and the loss of the county's authorization to construct and maintain said sewer pipeline unless said revocable license were converted into an easement running with the land; and WHEREAS, it is deemed beneficial to this State for such pipeline to be constructed. 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 to Fulton County an easement for a sewer pipeline right-of-way fifty (50) feet in width (twenty-five (25) feet on either side of the centerline described below) to be used for the construction, and twenty (20) feet in width (ten (10) feet on either side of the centerline described below) to be used for the operation and maintenance of a sewer pipeline, across, over and under the property of the State described as follows and more particularly described on a plat on file with the Department of Natural Resources: SEGMENT NO. 1 To locate the POINT OF BEGINNING, begin in Land lot 214, District 17, City of Atlanta, Fulton County, Georgia at a point formed by the intersection of the northerly Right-of-Way line of Sentinel Post Road and the westerly Right-of-Way line of Whitewater Creek Road; thence northerly along the westerly Right-of-Way line of Whitewater Creek Road and following the curvature thereof a distance of 1,060.5 feet to a point, formed by the intersection of said westerly Right-of-Way line of Whitewater Creek Road and the southerly Right-of-Way line of Pumping Station Drive,

"GA1979.1.1376">

said point being the northeast corner of Lot 1, Block E, of White-water Creek Colony Subdivision, Land Lot 214, District 17, City of Atlanta, Fulton County, Georgia; thence northwesterly and westerly along the southwest and south Right-of-Way of Pumping Station Drive and following the curvature thereof a distance of 300.0 feet to a point, said point being the northwest corner of above-said Lot 1, Block E of Whitewater Creek Colony Subdivision; thence south along the west lot line of above-said Lot 1, Block E of Whitewater Creek Colony Subdivision, said line also being the eastern boundary line of a 150 feet square lot used by Fulton County as a pumping station, a distance of 21.55 feet to an iron pin and corner located at the southeastern corner of the above-said 150 feet square Fulton County pumping station lot; thence west along the south line of said Fulton County Pumping Station lot, said line being also a portion of the north lot line of Lot 10, Block E of Whitewater Creek Colony Subdivision, District 17, City of Atlanta, Fulton County, Georgia, a distance of 150 feet to an iron pin and corner located at the southwest corner of above-said Fulton County Pumping lot; thence north along the west lot line of the said pumping station lot a distance of 150 feet to a point and corner located at the northwest corner of said pumping station lot; thence northeasterly along the north lot line of said pumping station lot a distance of 37.9 feet to the POINT OF BEGINNING: From the POINT OF BEGINNING, running north 40 degrees, 32 minutes west a distance of 262.68 feet to a point; running thence south 80 degrees, 25 minutes west a distance of 198.9 feet to a point; thence south 85 degrees, 18 minutes west a distance of 252.0 feet to a point; thence south 79 degrees, 15 minutes west a distance of 615 feet, more or less, to the center of the back channel, said back channel being that portion of the Chattahoochee River flowing between the easterly river bank and the small island lying northeasterly of the northerly end of Long Island. The bearings and distance herein contained were taken from a plat of survey prepared by the Fulton County Public Works Department, entitled Long Island Creek Force Main, Land Lot 214, 17th District, Atlanta, Fulton County, Georgia, dated January 25, 1979, a copy of which is on file with the Georgia Department of Natural Resources. SEGMENT NO. 2 The POINT OF BEGINNING lying in Land Lot No. 1063, 17th District, 2nd Section, Cobb County, Georgia, and being an existing transition chamber located 12 feet west of the west bank of the

"GA1979.1.1377">

Chattahoochee River on the Rottenwood Creek Interceptor Sewer line and further identified as Station 196 + 85.7, according to plans prepared by Hensley-Schmidt, Inc., dated February 1973, on file with the Fulton County Public Works Department; from said POINT OF BEGINNING running thence north 79 degrees 15 minutes east a distance of 319.5 feet, more or less, to the center line of the main flow of the Chattahoochee River which runs between the west river bank and Long Island. The above-stated bearing and distance were taken from a plat of survey prepared by the Fulton County Public Works Department entitled Long Island Creek Force Main, Land Lot 214, 17th District, Atlanta, Fulton County, Georgia, dated January 25, 1979, a copy of which is on file with the Georgia Department of Natural Resources. subject to the following conditions: (a) That all of the conditions, terms and requirements of the revocable license herein described as amended, a copy of which is on file in the Office of the Commissioner of the Georgia Department of Natural Resources, shall remain in full force and effect and shall remain binding upon Fulton County and that if the aforementioned property is conveyed by the State of Georgia, the county will be bound to the successors and assigns of the State in the same manner that it is bound to the State by this paragraph; and (b) That said easement shall be conveyed upon such other terms and conditions as shall be determined by the Department of Natural Resources and approved by the State Properties Commission. BE IT FURTHER RESOLVED that said easement is made only for the purpose aforesaid and shall continue only so long as Fulton County, its successors or assigns continue to maintain and operate said sewer pipeline and should said sewer pipeline be abandoned or the use thereof discontinued, said easement shall terminate. Approved April 19, 1979. LAND CONVEYANCE TO UNITED STATES OF AMERICA. No. 68 (House Resolution No. 167-706). A RESOLUTION Authorizing the conveyance of certain real property located in Cobb County and Fulton County, Georgia; and for other purposes.

"GA1979.1.1378">

WHEREAS, the State of Georgia is the owner of certain real property located in Cobb County and Fulton County, Georgia, now administered by the State Department of Natural Resources, being described as follows: Those certain tracts or parcels of land consisting of more or less 8.02 acres, 93.39 acres, 0.33 acres, 15.51 acres, 26.78 acres, 12.88 acres and 0.83 acres more fully described and set out in a Warranty Deed from the Nature Conservancy, a non-profit corporation of the District of Columbia, to the State of Georgia, dated the 27th day of December, 1972 and recorded on December 29, 1972 in Book 5726, Folio 47/50 in the Clerk's Office, Superior Court, Fulton County, Georgia; and on December 29, 1972 in Deed Records 1380, Folio 11 in the Clerk's Office, Superior Court, Cobb County, Georgia. Those certain tracts or parcels of land consisting of more or less 15.7 acres, 6.0 acres, 2.5 acres, 206.9 acres and 2.9 acres, more fully described and set out in a Warranty Deed from the Nature Conservancy, a non-profit corporation of the District of Columbia, to the State of Georgia, dated the 20th day of October, 1972 and recorded on October 24, 1972 in Book 5678, Pages 362-366 in the Clerk's Office, Superior Court, Fulton County, Georgia; and on October 30, 1972 in Deed Records 1361, Folio 718 in the Clerk's Office, Superior Court, Cobb County, Georgia. A certain tract or parcel of land located in Fulton County, Georgia, consisting of 12.0 acres more or less, more fully described and set out in a Warranty Deed from the Nature Conservancy, a non-profit corporation of the District of Columbia, to the State of Georgia, dated the 8th day of April, 1977 and recorded on April 20, 1977 in Book 6686, Pages 233 and 234, in the Clerk's Office, Superior Court, Fulton County, Georgia. A certain tract or parcel of land located in Fulton County, Georgia, consisting of 23.0 acres, more or less, more fully described and set out in a Warranty Deed from the Nature Conservancy, a non-profit corporation of the District of Columbia, to the State of Georgia, dated the 8th day of April, 1977 and recorded on April 20, 1977 in Book 6686, Pages 231 and 232, in the Clerk's Office, Superior Court, Fulton County, Georgia. A certain tract or parcel of land located in Fulton County, Georgia, consisting of 1.18 acres, more or less, more fully described and set out in a Warranty Deed from Robert B. Willingham, III to

"GA1979.1.1379">

the State of Georgia, dated the 12th day of September, 1974 and recorded on September 18, 1974 in Book 6140, Folio 142-143 in the Clerk's Office, Superior Court, Fulton County, Georgia. A certain tract or parcel of land located in Cobb County, Georgia, consisting of 9.41 acres, more or less, more fully described and set out in a Warranty Deed from A. Thornton Kennedy to the State of Georgia, dated the 15th day of March, 1976 and filed in the Clerk's Office, Superior Court, Cobb County, Georgia on March 19, 1976. A certain tract or parcel of land located in Cobb County, Georgia, consisting of 68.13 acres, more or less, more fully described and set out in a Warranty Deed from Alfred D. Kennedy, a/k/a Alfred D. Kennedy, Jr. and A. Thornton Kennedy to the State of Georgia, dated the 18th day of December, 1975 and recorded on December 31, 1975 in Deed Records 1654, Folio 397 in the Clerk's Office, Superior Court, Cobb County, Georgia. A certain tract or parcel of land located in Cobb County, Georgia, consisting of 53.78 acres, more or less, more fully described and set out in a Trustee's Deed from Trust Company Bank and A. D. Boylston, Jr. as trustees with Alfred Austell Thornton to the State of Georgia, dated the 21st day of May, 1976 and recorded on May 28, 1976 in Deed Records 1689, Folio 723 in the Clerk's Office, Superior Court, Cobb County, Georgia. A certain tract or parcel of land located in Fulton County, Georgia, consisting of 142.0 acres, more or less, and more fully described and set out in a Warranty Deed from Charles B. Woodall, Jr., R. A. Crawford and L. M. Adams to the State of Georgia, dated July 19, 1973 and recorded on July 19, 1973, in Deed Book 5867 Folio 379-381 in the Office of the Clerk, Superior Court, Fulton County, Georgia; less and except that portion of the above-described property consisting of 11.7 acres, more or less, conveyed by the State of Georgia to the County of Fulton, Georgia, by Quit-Claim Deed dated October 6, 1975, and recorded November 13, 1975 in Deed Book 6377, Page 196 in the Office of the Clerk, Superior Court, Fulton County, Georgia. A certain tract of land in Cobb County, Georgia, being in Land Lots 1055 and 1056 of the 17th District, 2nd Section of Cobb County, Georgia, containing 0.86 acres and being more particularly described as follows:

"GA1979.1.1380">

Beginning at an iron pin at the intersection of the northwesterly right-of-way of Interstate 285 and the northeasterly right-of-way of Powers Ferry Road, thence N49 34[UNK]E-1, 367.24[UNK] to a standard DNR monument being the true point of beginning, thence N18 57[UNK]W-222.93[UNK] to a standard DNR monument, thence N26 58[UNK]W-227.19[UNK] to a nail in the root of a tree, thence N59 02[UNK]W-407.46[UNK], thence N57 47[UNK]E-87.00[UNK] to an iron pin or said iron pin being located on a 100 foot offset from the 787.02 contour, (elevation based on former City of Atlanta Bench Mark #242, formerly located on the south side of the center pier of Powers Ferry bridge over the Chattahoochee River with a value of 797.63[UNK] above mean sea level), thence following said offset and parallel to the 787.02 contour southeasterly approximately 895[UNK] to an iron pin, thence leaving said offset on a course of S49 23[UNK]W-101.68[UNK] to a standard DNR monument being the true point of beginning. Tract is subject to sewer easement crossing southeast corner as per plat. and WHEREAS, the 95th Congress of the United States of America has enacted and the President of the United States of America signed into law, Public Law 95-344, establishing the Chattahoochee River National Recreational Area, and the Secretary of the Interior through the National Park Service has been charged with the responsibility of protecting, developing, conserving and managing the Area; and WHEREAS, the State has determined that the property described herein can be more efficiently operated, managed and maintained as part of the Chattahoochee River National Recreation Area as a park for the benefit of and enjoyment of the general public; and WHEREAS, Public Law 95-344 provides for the establishment of the Chattahoochee River National Recreation Area in the State of Georgia for public benefit and enjoyment and authorizes the Secretary of the Interior to acquire property within the Area from the State of Georgia by way of donation to be used for the benefit and enjoyment of the general public; and WHEREAS, the Secretary of the Interior is desirous of obtaining the herein described property from the State of Georgia for the purpose of incorporating said property into the Chattahoochee River National Recreation Area for the benefit and enjoyment of the general public; and

"GA1979.1.1381">

WHEREAS, the above described real property is no longer needed by the State Department of Natural Resources or the State of Georgia and is therefore surplus. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf of and in the name of the State of Georgia, is hereby authorized to convey by appropriate instrument all of this State's interest in the hereinabove described State-owned real property, subject to the following conditions: (1) that said property shall be conveyed to the United States of America for the purposes and uses contemplated under and in accordance with the authority of Public Law 95-344, the Act establishing the Chattahoochee River National Recreation Area; (2) that the conveyance of said real property shall be upon such other terms and conditions as shall be mutually agreed upon by the Department of Natural Resources and the Secretary of the Interior and approved by the State Properties Commission; (3) that the conveyance of said property shall be subject to any and all other easements or outstanding interests to said property; (4) that the conveyance of said real property shall recite acreage figures based upon actual survey inasmuch as some of the acreages recited hereinabove are approximations only and are not necessarily based upon survey. Approved April 19, 1979. JOINT EMERGENCY MEDICAL SERVICES STUDY COMMITTEE CREATED. No. 70 (House Resolution No. 171-710). A RESOLUTION Creating the Joint Emergency Medical Services Study Committee; and for other purposes. WHEREAS, the availability of adequate and efficient emergency medical services is of the utmost importance to the health and wellbeing of the people of this State; and

"GA1979.1.1382">

WHEREAS, there exists a need for evaluation of the State's existing emergency medical services network and personnel. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Emergency Medical Services Study Committee to be composed of twelve members to be selected as follows: four members of the Senate who shall be appointed by the President of the Senate, four members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives, two citizens of the State to be appointed by the President of the Senate, and two citizens of the State to be appointed by the Speaker of the House of Representatives. The joint committee shall study the existing emergency medical services network and personnel in this State and shall report its findings and make recommendations to the General Assembly relative to needed legislation no later than December 31, 1979. 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 of this resolution. Each member shall receive for his services on the committee the expenses and allowances authorized by law for members of interim legislative committees, and the members of the committee who are not members of the General Assembly shall receive the same expenses and allowances as the committee members who are members of the General Assembly, but no member of the committee shall receive the same for more than ten days. Approved April 19, 1979. LEASE OF LAND TO SPIRIT CREEK CATTLE FARM, INC. AUTHORIZED. No. 71 (House Resolution No. 172-711). A RESOLUTION Authorizing the lease of certain real property located in Richmond County, Georgia; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Richmond County, Georgia; and

"GA1979.1.1383">

WHEREAS, said property consists of two tracts totaling approximately 554 acres and is particularly described in Exhibits A and B attached to and made a part of this Resolution; and WHEREAS, said property is not needed by the State of Georgia at this time; and WHEREAS, the property was advertised for bids in accordance with the public competitive bidding procedures outlined in Code Chapter 91-1A, known as the State Properties Code; and WHEREAS, Spirit Creek Cattle Farm, Inc., Blythe, Georgia, submitted the highest bid for such property. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, by its Chairman, the Governor, acting for, on behalf of and in the name of the State of Georgia, is hereby authorized to lease the hereinabove described tracts of property subject to the following conditions: (1) that said tracts of property shall be leased to Spirit Creek Cattle Farm, Inc., Blythe, Georgia; (2) that the consideration for said lease shall be $4,872.00 per annum and that said lease shall expire August 31, 1983; (3) that the lease of said tracts of property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission; and (4) 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 plats of the property numbered 6491 6290 on file with the Secretary of State shall constitute an acceptable plat for filing. Approved April 19, 1979.

"GA1979.1.1384">

"GA1979.1.1385">

"GA1979.1.1386">

LAND CONVEYANCE TO CITY OF MACON AUTHORIZED. No. 72 (House Resolution No. 178-720). A RESOLUTION Authorizing the conveyance of certain State owned property located in the City of Macon, Bibb County, Georgia; and for other purposes. WHEREAS, the State of Georgia is the owner of approximately one city block in the City of Macon, Georgia, formerly utilized by the State as a State Farmers' Market; and WHEREAS, said property was under the custody and control of the Georgia Department of Agriculture; and WHEREAS, the Georgia Department of Agriculture has declared the property surplus and no longer useful for its needs; and WHEREAS, said real property is all that tract or parcel of land lying and being in the City of Macon, Bibb County, Georgia, and being generally described as follows: Bounded on the north by the right-of-way of Oglethorpe Street, on the south by the right-of-way of Hawthorne Street, on the east by the right-of-way of Fourth Street, and on the west by the right-of-way of Third Street; and WHEREAS, the City of Macon is interested in developing the property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, acting for and on behalf of the State of Georgia, is hereby authorized to negotiate with the Macon-Bibb County Urban Development Authority and enter into an exchange agreement pertaining to the hereinabove described tract of property under such terms and conditions as determined to be in the best interests of the State of Georgia or enter into a sales agreement, subject to the following:

"GA1979.1.1387">

(1) that the hereinabove described property, if an exchange agreement is negotiated, be exchanged for property approximately equal in fair market value; (2) that any sales contract be for a consideration equal to a fair market value appraisal made by an M.A.I. appraiser obtained by the State Properties Commission; and (3) that any exchange agreement be approved by and a plat of survey furnished by the Macon-Bibb County Urban Development Authority and be confirmed by the State Properties Commission. Approved April 19, 1979. AZALEA DESIGNATED AS STATE WILD FLOWER. No. 76 (House Resolution No. 207-803). A RESOLUTION Designating the azalea as the State Wild Flower; and for other purposes. WHEREAS, although the State of Georgia has designated a State Flower, she has never had a State Wild Flower; and WHEREAS, those species of azalea which are native to the southeastern United States are considered by many to be the most beautiful of indigenous shrubs; and WHEREAS, while many species and varieties of the azalea are found across the State of Georgia from the mountains to the sea, several species, including Rhododendron Austrinum, prunifolium, canescens, alabamense, calendulaceum, speciosum, arborescens, serrulatum, and others, are found in every county of the State; and

"GA1979.1.1388">

WHEREAS, the dazzling blossoms of these wild flowers range in color from white to yellow, orange, scarlet, crimson, and intermediate colors, some with conspicuous color blotches; and WHEREAS, with proper selection of species, the azalea blossom is available from March until July and August; and WHEREAS, native azaleas are hardier and, once established, require less care than other horticultural varieties; and WHEREAS, from Bartram's time until the present, azaleas have covered our State with beauty; and WHEREAS, it is only fit and proper that the azalea be designated the State Wild Flower. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the azalea is hereby designated as Georgia's State Wild Flower. Approved April 19, 1979. LAND CONVEYANCE TO CITY OF AUGUSTA. No. 77 (House Resolution No. 208-803). A RESOLUTION Authorizing the conveyance of certain State-owned real property located in Richmond County, Georgia, to the City of Augusta; to provide for other matters relative thereto; to repeal a specific Resolution; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Richmond County, Georgia, now administered by the State Properties Commission, being described as follows:

"GA1979.1.1389">

All that tract or parcel of land consisting of 925.965 acres, with certain improvements, situated 5 miles generally east of Gracewood State School and Hospital and 7 miles south of the City of Augusta, being more particularly described on a plat of survey prepared by Charles M. Zeigler and Associates, Inc., for the State of Georgia on file in the State Properties Commission office; and WHEREAS, the above described real property is no longer needed by the State of Georgia and is, therefore, surplus; and WHEREAS, the City of Augusta is desirous of obtaining all of the said State-owned property, a portion to be used for a wastewater and sewer plant; a portion for improvement to Bush Field, Augusta Municipal Airport; and the remainder to be used for commercial development purposes. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf and in the name of the State of Georgia, is hereby authorized and empowered to convey by appropriate instrument all or any part of the hereinabove described State-owned property to the City of Augusta, subject to the following conditions: 1. that said real property shall be conveyed to the City of Augusta for a consideration equal to the appraised market value of the property as determined by an independent appraisal obtained by the State Properties Commission; 2. that the City of Augusta will furnish a plat of survey prepared by a Georgia Registered Land Surveyor and that said plat of survey shall be confirmed and approved by the State Properties Commission; and 3. that any and all other terms, conditions, and agreements relating to such conveyance are satisfactory to and approved by the State Properties Commission. BE IT FURTHER RESOLVED that a Resolution authorizing the conveyance of certain State-owned real property located in Richmond County, Georgia, to the City of Augusta and the acceptance of certain property owned by the City of Augusta, located in

"GA1979.1.1390">

Richmond and Columbia counties, Georgia, in consideration therefor, and providing for other purposes, approved March 21, 1974 (Ga. Laws 1974, p. 536), is hereby repealed in its entirety. Approved April 19, 1979. LAND CONVEYANCE TO CITY OF AUGUSTA. No. 78 (House Resolution No. 214-813). A RESOLUTION Authorizing the conveyance of certain State-owned real property located in Richmond County, Georgia, to the City of Augusta; to provide for other matters relative thereto; to repeal a specific resolution; and for other purposes. WHEREAS, the State of Georgia is the owner of two tracts of real property located in Richmond County, Georgia, now administered by the State Department of Natural Resources, being described as follows: Tract No. 1 All that tract or parcel of land, with improvements thereon, situate, lying and being in the County of Richmond, and State of Georgia, containing 117.470 acres, being shown on a plat dated September 25, 1973, and revised October 29, 1973, prepared for the State of Georgia by Charles M. Ziegler and Associates, said plat being on file with the State Properties Commission, reference being made to said plat for a more complete description as to the metes, bounds and location of said property, and being Bounded: Northwest by the right-of-way of Interstate 20; Northeast and East by property of the City Council of Augusta; South by Warren Lake, Rocky Creek and right-of-way of Seaboard Coast Line Railroad; and West by other property of the party of the first part, said western line being the center line of a thirty-foot utility easement as shown on said plat.

"GA1979.1.1391">

Also, all of the right, title and interest of the party of the first part in and to the property known as Warren Lake. Also, a strip of land 50 feet in width lying along the northern line of the Seaboard Coast Line Railroad right-of-way beginning at the eastern termination of Murray Road at its intersection with Alexander Drive and continuing easterly to the western boundary line of the above described property as shown on the above mentioned plat, the party of the second part agreeing that it will construct or cause to be constructed a public road over said 50 foot strip. Should the said 50 foot strip not be developed into a road and dedicated for public use within 10 years from this date title thereto shall revert to the party of the first part. Party of the first part, its successors and assigns shall have the right to use the strip for access to the remaining portion of the property of the party of the first part, lying to the north of the strip, such access to be limited, however, to two entrances from the proposed road, east of Alexander Drive extended. The party of the first part, its successors and assigns, will establish a minimum building set back line of 75 feet with a 50 foot natural buffer zone, both measured from the northern edge of the right-of-way of said proposed 50 foot road. The above described property is conveyed subject to power easement for power transmission lines over a strip of land 200 feet in width conveyed by Irvin Alexander, et al to Georgia-Carolina Power Company by instrument dated March 20, 1913, and recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Book 7T, page 393. The above described property is also conveyed subject to easement for power transmission lines over a strip of land 160 feet in width conveyed by Bright McConnell, et al to Georgia Power Company by an instrument dated January 10, 1963 and recorded in said Clerk's Office in Realty Book 28 Y, page 304. The above described property is also conveyed subject to easement for sanitary sewer line over a strip of land conveyed by Bright McConnell to State Highway Department of Georgia by instrument dated October 24, 1968 and recorded in said Clerk's Office in Realty Book 35 X, page 609-612.

"GA1979.1.1392">

The party of the first part, its successors and assigns, agree and impose the restriction that the following described property shall not be used for any use not permitted under the `light industry' (LI) Zoning of the Augusta-Richmond County Comprehensive Zoning or any lesser zoning. All that lot, parcel or piece of land, being in the State of Georgia, County of Richmond, in the 1269th D.G.M., containing 183.62 acres, more or less, said property being shown on a plat recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Book 39 J, page 535-537, SAVE AND EXCEPT the 117.470 acres being conveyed to the party of the second part by this instrument. Tract No. 2 All that tract or parcel of land situate, lying and being in the State of Georgia, County of Richmond, City of Augusta, containing One Hundred Fourteen and sixty-two one-hundredths (114.62) acres, more or less, and bounded: North by property of the City Council of Augusta on which is located its water pumping station; Northeast and East by the Savannah River; South by Rae's Creek and West by property of the City Council of Augusta, comprising the right-of-way of the Augusta Canal; and being more particularly delineated on a plat of the Augusta Canal Savannah River Property dated August 6, 1973, prepared for the State of Georgia by Charles M. Ziegler and Associates; said plat being on file with the State Properties Commission, and reference being made to said plat for a more complete description as to the metes, bounds and location of said property. Said property being conveyed subject to the following easements and rights-of-way; (a) Right-of-way of Seaboard Coast Line Railroad Company (formerly the Atlantic Coast Line Railroad Company) 60 feet in width as shown on the plat hereinabove referred to; (b) two easements in favor of Georgia Power Company conveyed by instruments recorded in said Clerk's Office in Realty Book 16J, page 560, and Realty Book 16U, page 487.; and

"GA1979.1.1393">

WHEREAS, the above described real property is no longer needed by the State of Georgia and is, therefore, surplus; and WHEREAS, the City of Augusta is desirous of obtaining all of the said State-owned property. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Properties Commission, by its Chairman, the Governor, acting for and on behalf and in the name of the State of Georgia, is hereby authorized and empowered to convey by appropriate instrument all or any part of the hereinabove described State-owned property to the City of Augusta, subject to the following conditions: 1. that said real property shall be conveyed to the City of Augusta for a consideration equal to the original cost to the State of Georgia in 1973; and 2. that any and all other terms, conditions, and agreements relating to such conveyance are satisfactory to and approved by the State Properties Commission; provided, however, that the instrument conveying said property shall not require use for public purposes. Approved April 19, 1979. SALE OR LEASE OF PROPERTY TO WARM SPRINGS FOUNDATION AUTHORIZED. No. 79 (House Resolution No. 240-858). A RESOLUTION Authorizing and empowering the State Properties Commission, acting in the best interests of the State of Georgia and for and on behalf of and in the name of the State of Georgia, to sell and/or lease certain State-owned property located in Meriwether County, Georgia; and for other purposes.

"GA1979.1.1394">

WHEREAS, in July 1974 the State of Georgia acquired from the Georgia Warm Springs Foundation title to approximately 939 acres of improved real property together with certain personal property and the thermal springs located thereon (said properties hereinabove in the title and hereinafter in the WHEREAS clauses of this Resolution being referred to as the Property) in Meriwether County, Georgia; and WHEREAS, the present custody and control of the Property is in the State Department of Human Resources; and WHEREAS, at the time of said acquisition, certain writings pertaining to the use to be made of the Property by the State were either entered into between the State and the Foundation or accepted by the State; and WHEREAS, the 1979 regular session of the General Assembly of Georgia is considering legislation which would create a new State agency and which would transfer the custody and control of a portion of the Property to said State agency with the power in said State agency to manage, operate, control, and preserve that portion of the Property so transferred to it; and WHEREAS, a business entity from the private sector of the economy has expressed an interest in acquiring, developing, and operating its business on a portion of the Property; and WHEREAS, it would be beneficial to the State as a whole, and in particular to the region of and surrounding Meriwether County, if such a business entity were to locate and operate its business in said region of the State; and WHEREAS, in the best interests of the State, it may be necessary, regarding the Property, that certain property transactions be negotiated and consummated before the 1980 regular session of the General Assembly of Georgia convenes; and WHEREAS, the power to deal with and to dispose of State-owned property is vested in the General Assembly of Georgia; and WHEREAS, the General Assembly of Georgia may delegate, and has heretofore delegated, by virtue of Acts and Resolutions of the

"GA1979.1.1395">

General Assembly, to certain State officials, departments, agencies, commissions, and boards so much of its aforementioned power to deal with and to dispose of State-owned property as the General Assembly in its wisdom has deemed necessary and appropriate under the circumstances in each instance; and WHEREAS, past experience and a proven performance record have demonstrated to the General Assembly of Georgia that the State Properties Commission in its handling of State property transactions has always acted in the best interests of the State; and WHEREAS, in present, as well as in many past, property transactions the Commission has been authorized or directed by the General Assembly of Georgia to act for and on behalf of and in the name of the State; and WHEREAS, it is the judgment of the General Assembly that the staff and the members of the State Properties Commission possess such expertise as to enable the Commission to act for and on behalf of and in the name of the State of Georgia in the negotiation and consummation of a written contract with the Foundation pertaining to the present and future use to be made of the Property by the State and of the sale and/or lease of a portion of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. It is not the intent of the General Assembly of Georgia that the language contained and used in the above WHEREAS clauses be construed to be self-serving or precatory. To the contrary, it is the intent of the General Assembly of Georgia that said language be construed as being necessary, descriptive, determinative, factual, commanding, and where applicable, directive. Section 2. That when the following words appear in this Resolution, they shall have the meaning or usage hereafter respectfully ascribed to them: A. The word State shall mean the State of Georgia; and B. The word Foundation shall mean the Georgia Warm Springs Foundation; and

"GA1979.1.1396">

C. The word Property shall mean the State-owned property identified above in the first WHEREAS clause of this Resolution. The said Property is further identified in the Real Property Division of the Secretary of State's office as file or record number 5881; and D. The words State agency shall mean the same as those words are defined and used in Section 91-102a.(c) of Code Chapter 91-1A of the Code of Georgia; Ga. Laws 1975, p. 1094; and elsewhere in the State Properties Code; and E. The word Commission shall mean the State Properties Commission created in Section 91-104a.(a) of Code Chapter 91-1A of the Code of Georgia; Ga. Laws 1975, p. 1096; and used in the State Properties Code; and F. The word Person shall mean the same as that word is defined and used in Section 91-102a.(i) of Code Chapter 91-1A of the Code of Georgia; Ga. Laws 1975, p. 1095; and elsewhere in the State Properties Code. Section 3. That the State Properties Commission, acting in the best interests of the State of Georgia and for and on behalf of and in the name of the State of Georgia, is hereby authorized and empowered to negotiate, enter into and consummate a written contract with the Foundation pertaining to the present and future use to be made of the Property by the State, and, without the necessity of prior public competitive bidding, to negotiate, enter into, and consummate written contracts with any Person to sell and/or lease to said Person a portion of the Property. It is implied within the authority and power hereinabove in this Section granted to the State Properties Commission that the Commission shall determine all of the prerequisite requirements of entering into said contracts as well as all of the terms, conditions, and other provisions the Commission desires to include or shall negotiate to have included within said contracts. Section 4. That the form of execution by the State Properties Commission of any contract negotiated and entered into pursuant to Section 3 of this Resolution or any legal instrument utilized by the Commission in the consummation of any such contract shall be as follows:

"GA1979.1.1397">

Section 5. That this Resolution shall become effective immediately upon its approval by the Governor or upon its becoming law without his approval. Approved April 19, 1979. LAND CONVEYANCE TO MIDWAY MUSEUM, INC. No. 80 (House Resolution No. 245-865). A RESOLUTION Authorizing the conveyance of certain State-owned real and personal property located within Liberty County, Georgia, to Midway Museum, Inc. WHEREAS, the State of Georgia is the owner of certain real property within Liberty County, Georgia, and commonly known as Midway Museum, Inc.; and

"GA1979.1.1398">

WHEREAS, said real property, now administered by the Department of Natural Resources, comprises approximately 6.77 acres, more or less, and is more particularly described as follows: All that tract or parcel of land lying and being in the Town of Midway, 1359th G. M. District, Liberty County, Georgia, more particularly described as follows: BEGINNING at concrete monument on the east line of the right-of-way of Highway 17 which monument is at the northwest corner of Midway Colonial Church property and extending thence north 0 degrees 38 minutes east along said right-of-way 298.5 feet to a concrete monument; and continuing along said right-of-way north 1 degree 57 minutes east 329.33 feet to an old iron pipe on said right-of-way; thence south 83 degrees 48 minutes east 543.67 feet to an old iron pipe; thence south 5 degrees 27 minutes west 510.74 feet to an old iron pipe; thence north 85 degrees 39 minutes west 262.45 feet to an old iron pipe; thence south 5 degrees 11 minutes east 74.6 feet to a concrete monument; thence south 88 degrees 41 minutes west 251.58 feet to the POINT OF BEGINNING on the east line of Highway 17 right-of-way. Said property being bounded north by the Liberty Presbyterian Church lot; east by lands of T. G. Martin and Bartamus Freeman; south by lands of the Midway Colonial Church; and Janie Woods; and west by the Atlantic Coastal Highway 17, and being a portion of that property conveyed by Lillian Sikes Geiger and Celeste Snedeker on August 14, 1946, by deed recorded in the office of the Clerk of the Superior Court of Liberty County, Georgia, in Deed Book AAP, Page 38, less.20 acres of U. S. Highway 17 right-of-way per plat recorded in Deed Book AAAA, Page 538 in the office of the Clerk of the Superior Court of Liberty County, Georgia.; and WHEREAS, the State of Georgia is the owner of certain personal property located at Midway Museum, an inventory of which is on file in the office of the Commissioner of the Department of Natural Resources; and WHEREAS, as a result of an anticipated reduction in appropriated funds the Department of Natural Resources must seek ways and means of reducing expenses; and

"GA1979.1.1399">

WHEREAS, Midway Museum, Inc., formerly owned and donated the property on which the State of Georgia built and has operated Midway Museum, and Midway Museum, Inc., is desirous to assume management and ownership of the property; and WHEREAS, the above described real property and certain personal property located thereon is no longer needed by the Department of Natural Resources or the State of Georgia and is, therefore, surplus. 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 to convey by appropriate instrument, all of the hereinabove described State-owned real property, subject to the following stipulations: (1) That said real property shall be conveyed to the Midway Museum, Inc., for a consideration of ONE DOLLAR ($1.00); (2) that the conveyance of said real property shall be upon such other terms and conditions as shall be prescribed by the Department of Natural Resources; and (3) that the conditions of real property shall be approved by the State Properties Commission. BE IT FURTHER RESOLVED that the Department of Administrative Services is hereby authorized and directed to sell and transfer by appropriate instrument to Midway Museum, Inc., that certain personal property listed on an inventory on file in the office of the Commissioner of the Department of Natural Resources, and declared as surplus by the Department of Natural Resources, subject to the following stipulations: (1) That said personal property shall be sold and transferred to the Midway Museum, Inc., for a nominal consideration, it being the intent of the General Assembly that such sale and transfer is in the best interests of the State of Georgia and that such nominal consideration constitutes a reasonable consideration for said property under the circumstances;

"GA1979.1.1400">

(2) that said personal property shall be transferred to the Midway Museum, Inc., subject to the conditions that (a) such property shall not be resold by the Midway Museum, Inc., within one year after such transfer without the written consent of the Department of Administrative Services, and (b) the Department of Administrative Services shall have the right, which shall be exercised at its discretion, to supervise the resale of such property at public outery to the highest responsible bidder if such resale of such property is within one year after such transfer; and (3) that the sale and transfer of said personal property shall be upon such other terms and conditions as shall be prescribed by the Department of Natural Resources. Approved April 19, 1979. COURTSOFFICE OF CHILD SUPPORT RECEIVER CREATED. Code Title 24 Amended. No. 665 (Senate Bill No. 63). AN ACT To amend Code Title 24, relating to courts, as amended, so as to provide for the creation of the Office of the Receiver of Child Support in each county of this State; to provide for the appointment of the Child Support Receiver; to provide for the appointment of a single individual to serve as Child Support Receiver for all or part of a judicial circuit; to provide for the removal of a Child Support Receiver under certain conditions; to prohibit a Child Support Receiver from engaging in the private practice of law; to provide that the Office of the Receiver of Child Support shall be an agency of the judicial branch of government; to provide that a Child Support Receiver shall be an officer of the superior court; to provide for the duties of the Child Support Receiver; to provide for the collection

"GA1979.1.1401">

of fees; to provide that fees shall be deposited in the county treasury; to provide for a salary of a Child Support Receiver; to provide for office space and expenses; to provide that each Child Support Receiver shall take an oath of office; to provide for bonds; 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 adding after Code Chapter 24-27 a new Code Chapter 24-27A, to read as follows: CHAPTER 24-27A CHILD SUPPORT RECEIVER 24-2701a. Office of the Receiver of Child Support . (a) The governing authority of each county within this State is hereby authorized by appropriate resolution to establish an Office of the Receiver of Child Support and to establish the position of Child Support Receiver in accordance with the provisions of this Chapter. (b) Upon the establishment of the Office of the Receiver of Child Support, the governing authority of such county shall appoint for a term of two years and until his or her successor is appointed and qualified a Child Support Receiver who shall be the director of the Office of the Receiver of Child Support. (c) Where there is not sufficient caseload to justify a full-time Child Support Receiver in each county, the governing authorities of the counties comprising the judicial circuit may appoint a single individual to serve as Child Support Receiver for all or part of the judicial circuit. (d) The Child Support Receiver shall be subject to removal by the governing authority of the county for failure to carry out the orders of the court or for neglect of any duty imposed by the court. The Child Support Receiver shall not engage in the private practice of law. (e) The Office of the Receiver of Child Support shall be a local agency of the judicial branch of government within that circuit, and

"GA1979.1.1402">

the Child Support Receiver shall be an officer of the superior court. 24-2702a. Duties . It shall be the duty of the Child Support Receiver to: (a) Collect all child support payments and such other payments of support as are established by judicial order or by a written agreement of a parent or guardian to furnish support to his or her minor child, the terms of which specify that such support payments are to be paid through the Child Support Receiver. (b) Act as trustee for remittance to the person or other party entitled to receive payment for child support. (c) Maintain adequate books and records for all payments received and disbursed by the Child Support Receiver in such a manner so as to easily determine the type of action in which such payments were ordered and shall show the amount of the obligation fixed by the court and the amount of payments credited to each account. (d) The governing authority of the county may appoint such additional employees as it may deem necessary. (e) Notify within fifteen days the person entitled to support of any account which is thirty days past due except: (1) When a case has been designated as a public assistance case, the delinquent amount and a copy of the payment records of that account shall be promptly referred and forwarded to the district attorney's office or the State agency responsible for the enforcement of collection of such delinquent payments. (2) In cases in which actions have been filed under the Uniform Reciprocal Enforcement of Support Act, the Child Support Receiver shall promptly notify the district attorney and forward a copy of the payment records and the amount of arrears to the district attorney. (3) In cases in which a State or county court has ordered that child support payments be paid through the Child Support Receiver as a condition of probation or a suspended sentence, the

"GA1979.1.1403">

Child Support Receiver shall promptly notify the probation office of such court and forward a copy of the payment records and the amount of arrears to the solicitor. (4) In cases which are based upon a written agreement in which a person has agreed to provide support of a minor child, the Child Support Receiver shall promptly notify the party designated in the agreement. (f) Prepare an annual budget for the Office of Child Support Receiver and after said budget has been approved by the judges of the circuit to submit the same to the county or counties affected for their approval. The budget shall be prepared in the form and manner prescribed by the county governing authorities. (g) As used in this Chapter, `child support' shall include all payments for the maintenance and education of dependent minor children which a court of competent jurisdiction has ordered to be paid pursuant to any temporary or final order of support including actions for separate maintenance, and all payments ordered to be made by a judge in any domestic relations case, including cases of divorce. (h) A complete financial report of all payments received and all payments disbursed under the Child Support Recovery Act by the Office of Child Support Receiver shall be filed with the County Department of Family and Children Services. Said report shall include the names and addresses of all payors and all payees as well as the amounts paid. Said report shall be made on a quarterly basis. 24-2703a. Fees . The Child Support Receiver shall be authorized to charge the paying party an additional five percent of the amount of payment, not to exceed $2.00 per payment. Said sums shall be turned over to the county treasury as revenue. Records of all such fees shall be maintained in accordance with the provisions of this Act. 24-2704a. Salaries . The chief judge shall, with the approval of the governing authority of the county affected, fix the salary of the Child Support Receiver and any other employees of such office to be paid from the treasury of such county.

"GA1979.1.1404">

24-2705a. Office space, expenses . (a) The Child Support Receiver shall maintain an office within the county courthouse or within other suitable office space provided by the county. (b) It shall be the responsibility of the governing authority of the county or counties to budget for all expenses including rent, utilities, telephone expenses, materials and supplies for the Office of the Receiver of Child Support. 24-2706a. Oath, bonds . The Child Support Receiver shall take the oath of office prescribed by Code Section 89-302 and shall execute bond with good security in the same amount as is prescribed by law for the clerk of the superior court of such county. The Child Support Receiver shall require that any employee of such office shall likewise execute a bond with good security. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1979. JUVENILE COURTSJURISDICTION OVER JUVENILES. Code Section 24A-301 Amended. No. 666 (Senate Bill No. 83). AN ACT To amend Code Section 24A-301, relating to jurisdiction of juvenile courts over juveniles, as amended, so as to change the provisions relating to exclusive jurisdiction of the juvenile court; to change certain provisions relating to children who are 17 years of age or over; to repeal conflicting laws; and for other purposes.

"GA1979.1.1405">

Be it enacted by the General Assembly of Georgia: Section 1 . Code Section 24A-301, relating to jurisdiction of juvenile courts over juveniles, as amended, is hereby amended by striking subsection (a) of said Code Section which reads as follows: (a) The court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action: (1) Concerning any child; (A) who is alleged to be delinquent except when the allegation is based on a delinquent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life or confinement for life in the penitentiary; (B) who is alleged to be unruly; (C) who is alleged to be deprived; (D) who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child; (E) or who is alleged to have committed a juvenile traffic offense in Section 24A-3101. (2) Involving any proceedings; (A) for obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person, if such consent is required by law; (B) under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in Georgia; (C) for the termination of the legal parent-child relationship, except that in connection with adoption proceedings under Code Chapter 74-4 the superior courts shall have jurisdiction to terminate the legal parent-child relationship and the rights of the putative father.,

"GA1979.1.1406">

in its entirety and inserting in lieu thereof a new subsection (a) of Code Section 24A-301, to read as follows: (a) The court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action: (1) Concerning any child; (A) who is alleged to be delinquent except when the allegation is based on a delinquent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life or confinement for life in the penitentiary; (B) who is alleged to be unruly; (C) who is alleged to be deprived; (D) who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child; (E) who is alleged to have committed a juvenile traffic offense in Section 24A-3101; (F) who has been placed under the supervision of the court or on probation to the court, provided, however, that such jurisdiction shall be for the sole purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the individual's 17th birthday, and provided further that the juvenile court shall not have jurisdiction to initiate any new action against an individual for acts committed after reaching the age of 17 years. This Section does not affect the court's jurisdiction to enter extension orders pursuant to Code Section 24A-2701. (2) Involving any proceedings; (A) for obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person, if such consent is required by law;

"GA1979.1.1407">

(B) under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in Georgia; (C) for the termination of the legal parent-child relationship, except that in connection with adoption proceedings under Code Chapter 74-4 the superior courts shall have exclusive jurisdiction to terminate the legal parent-child relationship and the rights of the putative father. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1979. GEORGIA INSURANCE CODE AMENDED. Code Title 56 Amended. No. 667 (House Bill No. 790). AN ACT To amend Code Title 56, known as the Georgia Insurance Code, so as to increase the interest rate for computing the minimum reserves for life insurance and annuity contracts; to increase the permissible age setback for females in the Standard Valuation and Nonforfeiture Laws; to change certain provisions relating to computation of premiums; to add certain nonforfeiture provisions for individual deferred annuities; 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:

"GA1979.1.1408">

Section 1. Code Title 56, known as the Georgia Insurance Code, is hereby amended by striking in their entirety subsections (4), (5), (6), (7), (8), and (9) of Section 56-912, known as the Standard Valuation Law, and inserting in lieu thereof new subsections (4), (5), (6), (7), (8), (9), and (10), respectively, to read as follows: (4) (a) Except as otherwise provided in paragraph (b), the minimum standards for the valuation of all life insurance policies and annuity or pure endowment contracts issued on or after the operative date of Section 56-2504 shall be the Commissioners' Reserve Valuation Methods defined in subsection (5), (6), and (10) of this Section, three and one-half percent interest, or, in the case of policies and contracts, other than annuity and pure endowment contracts, issued on or after July 1, 1973, four percent interest for such policies issued prior to July 1, 1979, five and one-half percent interest for single premium life insurance policies, and four and one-half percent interest for all other such policies issued on or after July 1, 1979, and the following tables: (i) For all ordinary policies of life insurance issued on the standard basis, excluding any disability and accidental death benefits in such policies, the Commissioners' 1958 Standard Ordinary Mortality Tables; except, that for any category of such policies issued on female risks modified net premiums and present values, referred to in subsection (5), may be calculated, at the insurer's option and with the commissioner's approval, according to an age not more than six years younger than the actual age of the insured; (ii) For all industrial life insurance policies issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table: Provided, however, that the Commissioners' 1961 Standard Industrial Mortality Table shall be the table for the minimum standard when said table becomes applicable in accordance with subsection (4) of Section 56-2504, as amended. (iii) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality

"GA1979.1.1409">

Table or, at the option of the insurer, the Annuity Mortality Table for 1949, ultimate, or any modification of either of these tables approved by the commissioner. (iv) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of such table approved by the commissioner, or, at the option of the insurer, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts. (v) For total and permanent disability benefits in or supplementary to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966, the tables of Period 2 disablement rates and the 1930 to 1960 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit; for policies or contracts issued prior to January 1, 1966, either such tables or, at the option of the insurer, the Class (3) Disability Table (1926). Any such table shall, for active lives, be combined with a mortality table permitted for calculating the reserves for life insurance policies. (vi) For accidental death benefits in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table; for policies issued prior to January 1, 1966, either such table or, at the option of the insurer, the Inter-Company Double Indemnity Mortality Table. Either table shall be combined with a mortality table permitted for calculating the reserves for life insurance policies. (vii) For group life insurance, life insurance issued on the substandard basis, and other special benefits, such tables as may be approved by the commissioner as being sufficient with relation to the benefits provided by such policies. (b) The minimum standard for the valuation of all individual annuity and pure endowment contracts issued on or after the operative date of this paragraph (b), as defined herein, and for all annuities and pure endowments purchased on or after such

"GA1979.1.1410">

operative date under group annuity and pure endowment contracts, shall be the Commissioners' Reserve Valuation Methods defined in subsections (5), and (6) of this Section and the following tables and interest rates: (i) For individual annuity and pure endowment contracts issued prior to July 1, 1979, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of this table approved by the commissioner, and six percent interest for single premium immediate annuity contracts, and four percent interest for all other individual annuity and pure endowment contracts. (ii) For individual single premium immediate annuity contracts issued on or after July 1, 1979, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of this table approved by the commissioner, and seven and one-half percent interest. (iii) For individual annuity and pure endowment contracts issued on or after July 1, 1979, other than single premium immediate annuity contracts, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of this table approved by the commissioner, and five and one-half percent interest for single premium deferred annuity and pure endowment contracts, and four and one-half percent interest for all other such individual annuity and pure endowment contracts. (iv) For all annuities and pure endowments purchased prior to July 1, 1979, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table, or any modification of this table approved by the commissioner, and six percent interest. (v) For all annuities and pure endowments purchased on or after July 1, 1979, under group annuity and pure

"GA1979.1.1411">

endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table, or any modification of this table approved by the commissioner, and seven and one-half percent interest. After July 1, 1973, any insurer may file with the commissioner a written notice of its election to comply with the provisions of this paragraph (b) after a specified date before January 1, 1979, which shall be the operative date of this paragraph for such insurer, provided that an insurer may elect a different operative date for individual annuity and pure endowment contracts from that elected for group annuity and pure endowment contracts. If an insurer makes no such election, the operative date of this paragraph for such insurer shall be January 1, 1979. (5) Commissioners' Reserve Valuation Method. (a) Except as otherwise provided in subsections (6) and (10), reserves according to the Commissioners' Reserve Valuation Method, for the life insurance and endowment benefits of policies providing for a uniform amount of insurance and requiring the payment of uniform premiums, shall be the excess, if any, of the present value, at the date of valuation, of such future guaranteed benefits provided for by such policies, over the then present value of any future modified net premiums therefor. The modified net premiums for any such policy shall be such uniform percentage of the respective contract premiums for such benefits (excluding extra premiums on a substandard policy) that the present value at the date of issue of the policy, of all such modified net premiums shall be equal to the sum of the then present value of such benefits provided for by the policy and the excess of (i) over (ii) as follows: (i) A net level annual premium equal to the present value, at the date of issue, of such benefits provided for after the first policy year, divided by the present value, at the date of issue, of an annuity of one per annum payable on the first and each subsequent anniversary of such policy on which a premium falls due: Provided, however, that such net level annual premium shall not exceed the net level

"GA1979.1.1412">

annual premium on the 19-year premium whole life plan for insurance of the same amount at an age one year higher than the age at issue of such policy; (ii) A net one-year term premium for such benefits provided for in the first policy year. (b) Reserves according to the Commissioners' Reserve Valuation Method for (i) life insurance policies providing for a varying amount of insurance or requiring the payment of varying premiums, (ii) group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer (including a partnership or sole proprietorship) or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under Section 408 of the Internal Revenue Code as now or hereafter amended, (iii) disability and accidental death benefits in all policies and contracts, and (iv) all other benefits, except life insurance and endowment benefits in life insurance policies and benefits provided by all other annuity and pure endowment contracts, shall be calculated by a method consistent with the principles of this subsection. (6) This subsection shall apply to all annuity and pure endowment contracts other than group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer (including a partnership or sole proprietorship) or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under Section 408 of the Internal Revenue Code, as now or hereafter amended. Reserves according to the Commissioners' Annuity Reserve Method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in such contracts, shall be the greatest of the respective excesses of the present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by such contracts at the end of each respective contract year, over the present value, at the date of valuation, of any future valuation considerations derived from future gross considerations, required by the terms of such contract, that become payable prior to the end of such respective contract

"GA1979.1.1413">

year. The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rate, or rates, specified in such contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of such contracts to determine nonforfeiture values. (7) Minimum Aggregate Reserves. In no event shall an insurer's aggregate reserve for all life insurance policies, excluding disability and accidental death benefits, issued on or after the operative date of Section 56-2504, be less than the aggregate reserves calculated in accordance with the methods set forth in subsections (5), (6), and (10) of this Section and mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for such policies. (8) Optional Reserve Basis. (a) Reserves for all policies and contracts issued prior to the operative date of Section 56-2504 may be calculated, at the option of the insurer, according to any standards which produce greater aggregate reserves for all such policies and contracts than the minimum reserves required by the laws in effect immediately prior to such date; (b) For any category of policies, contracts or benefits specified in subsection (4) of this Section, issued on or after the operative date of Section 56-2504, reserves may be calculated, at the option of the insurer, according to any standard or standards which produce greater aggregate reserves for such category than those calculated according to the minimum standard herein provided, but the rate or rates of interest used for policies and contracts, other than annuity and pure endowment contracts, shall not be higher than the corresponding rate or rates of interest used in calculating any nonforfeiture benefits provided for therein. (9) Lower Valuations. An insurer which at any time had adopted any standard of valuation producing greater aggregate reserves than those calculated according to the minimum standard herein provided may, with the approval of the commissioner, adopt any lower standard of valuation, but not lower than the minimum herein provided.

"GA1979.1.1414">

(10) Minimum Reserves. If in any contract year the gross premium charged by any life insurer on any policy or contract issued on or after the operative date of Section 56-2504 is less than the valuation net premium for the policy or contract calculated by the method used in calculating the reserve thereon but using the minimum valuation standards of mortality and rate of interest, the minimum reserve required for such policy or contract shall be the greater of either the reserve calculated according to the mortality table, rate of interest, and method actually used for such policy or contract, or the reserve calculated by the method actually used for such policy or contract but using the minimum standards of mortality and rate of interest and replacing the valuation net premium by the actual gross premium in each contract year for which the valuation net premium exceeds the actual gross premium. Section 2. Said Code Title is further amended by striking in its entirety subsection (4) of Code Section 56-2504, relating nonforfeiture provisions and substituting in lieu thereof a new subsection (4), to read as follows: (4) (a) Except as provided in paragraph (c) of this subsection (4), the adjusted premiums for any policy shall be calculated on an annual basis and shall be such uniform percentage or percentages of the respective premiums specified in the policy for each policy year, excluding extra premiums on a substandard policy, and excluding any additional amounts payable during the first policy year for which there are no comparable additional insurance benefits provided during that year, that the present value, at the date of issue of the policy, of all such adjusted premiums shall be equal to the sum of: (i) the then present value of the future guaranteed benefits provided for by the policy; (ii) two percent of the amount of the insurance if the insurance be uniform in amount, or of the equivalent uniform amount, as hereinafter defined, if the amount of insurance varies with the duration of the policy; (iii) 40 percent of the adjusted premium for the first policy year; (iv) 25 percent of either the adjusted premium for the first policy year or the adjusted premium for a whole life policy of the same uniform or equivalent uniform amount with uniform premiums for the whole of life issued at the same age for the same amount of insurance, whichever is less, reduced by (v) any additional amounts payable during the first policy year for which there are no comparable

"GA1979.1.1415">

additional insurance benefits provided during that year. The adjusted premiums shall be a single uniform percentage of the respective premiums specified in the policy for each policy year unless such adjusted premiums result in cash surrender values which are smaller than endowment amounts provided by the policy prior to maturity, as of the date or dates such endowment amounts are provided, in which event such adjusted premiums shall be determined as uniform percentages of the respective premiums specified in the policy such that no cash surrender value is smaller than any endowment amount provided by the policy prior to maturity as of the date or dates such endowment amount is provided. For the purposes of this paragraph the commissioner may treat any cash surrender value actually provided by the policy as equivalent to an endowment amount: Provided, however, that in applying the percentages specified in subparts (iii) and (iv) above, no adjusted premium shall be deemed to exceed four percent of the amount of insurance or uniform amount equivalent thereto. The date of issue of a policy for the purpose of this Section shall be the date as of which the rated age of the insured is determined. (b) In the case of a policy providing an amount of insurance varying with the duration of the policy, the equivalent uniform amount thereof for the purpose of this subsection shall be deemed to be the uniform amount of insurance provided by an otherwise similar policy, containing the same endowment benefit or benefits, if any, issued at the same age and for the same term, the amount of which does not vary with duration and the benefits under which have the same present value at the date of issue as the benefits under the policy; Provided, however, that in the case of a policy providing a varying amount of insurance issued on the life of a child under age 10, the equivalent uniform amount may be computed as though the amount of insurance provided by the policy prior to the attainment of age 10 was the amount provided by such policy at age 10. In the case of a policy which provides pure endowment benefits which are payable without reducing the amount of insurance provided by the policy and which may be applied to provide additional amounts of paid-up life insurance, the equivalent uniform amount thereof shall be determined based on the amounts of insurance which would be effective if all such pure endowment benefits were applied to provide such additional amounts of paid-up life insurance.

"GA1979.1.1416">

(c) The adjusted premiums for any policy providing term insurance benefits by rider or supplemental policy provision shall be equal to (i) the adjusted premiums for an otherwise similar policy issued at the same age without such term insurance benefits, increased, during the period for which premiums for such term insurance benefits are payable, by (ii) the adjusted premiums for such term insurance, the foregoing items (i) and (ii) being calculated separately and as specified in paragraphs (a) and (b) of this subsection except that, for the purpose of (ii), (iii), and (iv) of paragraph (a), the amount of insurance or equivalent uniform amount of insurance used in the calculation of the adjusted premiums referred to in (ii) of this subparagraph shall be equal to the excess of the corresponding amount determined for the entire policy over the amount used in the calculation of the adjusted premiums in (i) of this subparagraph. (d) All adjusted premiums and present values referred to in this Section shall for all policies of ordinary insurance be calculated on the basis of the Commissioners' 1958 Standard Ordinary Mortality Table, provided that for any category of ordinary insurance issued of female risks, adjusted premiums and present values may be calculated according to an age not more than six years younger than the actual age of the insured. Such calculations for all policies of industrial insurance shall be made on the basis of the 1941 Standard Industrial Mortality Table: Provided, however, that any insurer may file with the commissioner a written notice of its election that such adjusted premiums and present values shall be calculated on the basis of the Commissioners' 1961 Standard Industrial Mortality Table after a specified date before January 1, 1968, and, whether or not any election has been made, such calculations for all policies of industrial insurance issued on or after January 1, 1968, shall be made on the basis of the Commissioners' 1961 Standard Industrial Mortality Table. All calculations shall be made on the basis of the rate of interest specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits provided that such rate of interest shall not exceed three and one-half percent per annum except that a rate of interest not exceeding four percent per annum may be used for policies issued on or after July 1, 1973, and prior to July 1, 1979, and a rate of interest not exceeding five and one-half percent per annum may be used for policies issued on or after July 1, 1979, except that

"GA1979.1.1417">

for any single premium whole life or endowment insurance policy a rate of interest not exceeding six and one-half percent per annum may be used: Provided, however, that in calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed, in the case of ordinary policies, may not be more than those shown in the Commissioners' 1958 Extended Term Insurance Table and, in the case of industrial policies, may not be more than 130 percent of the rates of mortality according to the 1941 Standard Industrial Mortality Table, except that, when the Commissioners' 1961 Standard Industrial Mortality Table becomes applicable as hereinbefore provided, such rates of mortality assumed may be not more than those shown in the Commissioners' 1961 Industrial Extended Term Insurance Table: Provided, further, that for insurance issued on a substandard basis, the calculation of any such adjusted premiums and present values may be based on such other table of mortality as may be specified by the insurer and approved by the commissioner. Section 3. Said Code Title is further amended by adding a new Section after Code Section 56-2602, to be designated Code Section 56-2602A, to read as follows: 56-2602A. Standard Nonforfeiture Law for Individual Deferred Annuities. (1) This Section shall be known as the Standard Nonforfeiture Law for Individual Deferred Annuities. (2) This Section shall not apply to any reinsurance, group annuity purchased under a retirement plan or plan of deferred compensation established or maintained by an employer (including a partnership or sole proprietorship) or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under Section 408 of the Internal Revenue Code, as now or hereafter amended, premium deposit fund, variable annuity, immediate annuity, any deferred annuity contract after annuity payments have commenced, or reversionary annuity, nor to any contract which shall be delivered outside this State through an agent or other representative of the company issuing the contract.

"GA1979.1.1418">

(3) In the case of contracts issued on or after the operative date of this Section as defined in subsection (12), no contract of annuity, except as stated in subsection (2), shall be delivered or issued for delivery in this State unless it contains in substance the following provisions, or corresponding provisions which in the opinion of the commissioner are at least as favorable to the contract holder, upon cessation of payment of considerations under the contract. (a) That upon cessation of payment of considerations under a contract, the company will grant a paid-up annuity benefit on a plan stipulated in the contract of such value as is specified in subsections (5), (6), (7), (8), and (10). (b) If a contract provides for a lump sum settlement at maturity, or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, the company will pay in lieu of any paid-up annuity benefit a cash surrender benefit of such amount as is specified in subsections (5), (6), (8), and (10). The company shall reserve the right to defer the payment of such cash surrender benefit for a period of six months after demand therefor with surrender of the contract. (c) A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender, or death benefits that are guaranteed under the contract, together with sufficient information to determine the amounts of such benefits. (d) A statement that any paid-up annuity, cash surrender, or death benefits that may be available under the contract are not less than the minimum benefits required by any statute of the state in which the contract is delivered and an explanation of the manner in which such benefits are altered by the existence of any additional amounts credited by the company to the contract, any indebtedness to the company on the contract, or any prior withdrawals from or partial surrenders of the contract. (e) Notwithstanding the requirements of this subsection, any deferred annuity contract may provide that if no considerations have been received under a contract for a period of two full years and the portion of the paid-up annuity benefit at maturity

"GA1979.1.1419">

on the plan stipulated in the contract arising from considerations paid prior to such period would be less than $20.00 monthly, the company may at its option terminate such contract by payment in cash of the then present value of such portion of the paid-up annuity benefit, calculated on the basis of the mortality table, if any, and interest rate specified in the contract for determining the paid-up annuity benefit, and by such payment shall be relieved of any further obligation under such contract. (4) The minimum values as specified in subsections (5), (6), (7), (8), and (10) of any paid-up annuity, cash surrender, or death benefits available under an annuity contract shall be based upon minimum nonforfeiture amounts as defined in this Section. (a) With respect to contracts providing for flexible considerations, the minimum nonforfeiture amount at any time at or prior to the commencement of any annuity payments shall be equal to an accumulation up to such time at a rate of interest of three percent per annum of percentages of the net considerations (as hereinafter defined) paid prior to such time, decreased by the sum of: (i) any prior withdrawals from or partial surrenders of the contract accumulated at a rate of interest of three percent per annum; and (ii) the amount of any indebtedness to the company on the contract, including interest due and accrued; and increased by an existing additional amount credited by the company to the contract. The net considerations for a given contract year used to define the minimum nonforfeiture amount shall be an amount not less than zero and shall be equal to the corresponding gross considerations credited to the contract during that contract year less an annual contract charge of $30.00 and less a collection charge of $1.25 per consideration credited to the contract during that contract year. The percentages of net considerations shall be 65 percent of the net consideration for the first contract year and 87 1/2 percent of the net considerations for the second and later contract years. Notwithstanding the provisions of the

"GA1979.1.1420">

preceding sentence, the percentage shall be 65 percent of the portion of the total net consideration for any renewal contract year which exceeds by not more than two times the sum of those portions of the net considerations in all prior contract years for which the percentage was 65 percent. (b) With respect to contracts providing for fixed scheduled considerations, minimum nonforfeiture amounts shall be calculated on the assumption that considerations are paid annually in advance and shall be defined as for contracts with flexible considerations which are paid annually with two exceptions: (i) The portion of the net consideration for the first contract year to be accumulated shall be the sum of 65 percent of the net consideration for the first contract year plus 22 1/2 percent of the excess of the net consideration for the first contract year over the lesser of the net considerations for the second and third contract years. (ii) The annual contract charge shall be the lesser of (i) $30.00 or (ii) 10 percent of the gross annual consideration. (c) With respect to contracts providing for a single consideration, minimum nonforfeiture amounts shall be defined as for contracts with flexible considerations except that the percentage of net consideration used to determine the minimum nonforfeiture amount shall be equal to 90 percent and the net consideration shall be the gross consideration less a contract charge of $75.00. (5) Any paid-up annuity benefit available under a contract shall be such that its present value on the date annuity payments are to commence is at least equal to the minimum nonforfeiture amount on that date. Such present value shall be computed using the mortality table, if any, and the interest rate specified in the contract for determining the minimum paid-up annuity benefits guaranteed in the contract. (6) For contracts which provide cash surrender benefits, such cash surrender benefits available prior to maturity shall not be less than the present value as of the date of surrender of that portion of

"GA1979.1.1421">

the maturity value of the paid-up annuity benefit which would be provided under the contract at maturity arising from considerations paid prior to the time of cash surrender reduced by the amount appropriate to reflect any prior withdrawals from or partial surrenders of the contract, such present value being calculated on the basis of an interest rate not more than one percent higher than the interest rate specified in the contract for accumulating the net considerations to determine such maturity value, decreased by the amount of any indebtedness to the company on the contract, including interest due and accrued, and increased by any existing additional amounts credited by the company to the contract. In no event shall any cash surrender benefit be less than the minimum nonforfeiture amount at that time. The death benefit under such contracts shall be at least equal to the cash surrender benefit. (7) For contracts which do not provide cash surrender benefits, the present value of any paid-up annuity benefit available as a nonforfeiture option at any time prior to maturity shall not be less than the present value of that portion of the maturity value of the paid-up annuity benefit provided under the contract arising from considerations paid prior to the time the contract is surrendered in exchange for, or changed to, a deferred paid-up annuity, such present value being calculated for the period prior to the maturity date on the basis of the interest rate specified in the contract for accumulating the net considerations to determine such maturity value, and increased by any existing additional amounts credited by the company to the contract. For contracts which do not provide any death benefits prior to the commencement of any annuity payments, such present values shall be calculated on the basis of such interest rate and the mortality table specified in the contract for determining the maturity value of the paid-up annuity benefit. However, in no event shall the present value of a paid-up annuity benefit be less than the minimum nonforfeiture amount at that time. (8) For the purpose of determining the benefits calculated under subsections (6) and (7), in the case of annuity contracts under which an election may be made to have annuity payments commence at optional maturity dates, the maturity date shall be deemed to be the latest date for which election shall be permitted by the contract, but shall not be deemed to be later than the anniversary of the contract next following the annuitant's seventieth birthday or the tenth anniversary of the contract, whichever is later.

"GA1979.1.1422">

(9) Any contract which does not provide cash surrender benefits or does not provide death benefits at least equal to the minimum nonforfeiture amount prior to the commencement of any annuity payments shall include a statement in a prominent place in the contract that such benefits are not provided. (10) Any paid-up annuity, cash surrender, or death benefits available at any time, other than on the contract anniversary under any contract with fixed scheduled considerations, shall be calculated with allowance for the lapse of time and the payment of any scheduled considerations beyond the beginning of the contract year in which cessation of payment of considerations under the contract occurs. (11) For any contract which provides, within the same contract by rider or supplemental contract provision, both annuity benefits and life insurance benefits that are in excess of the greater of cash surrender benefits or a return of the gross considerations with interest, the minimum nonforfeiture benefits shall be equal to the sum of the minimum nonforfeiture benefits for the annuity portion and the minimum nonforfeiture benefits, if any, for the life insurance portion computed as if each portion were a separate contract. Notwithstanding the provisions of subsections (5), (6), (7), (8), and (10), additional benefits payable (a) in the event of total and permanent disability, (b) as reversionary annuity or deferred reversionary annuity benefits, or (c) as other policy benefits, and considerations for all such additional benefits, shall be disregarded in ascertaining the minimum nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits that may be required by this Section. The inclusion of such additional benefits shall not be required in any paid-up benefits, unless such additional benefits separately would require minimum nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits. (12) After the effective date of this Section, any company may file with the commissioner a written notice of its election to comply with the provisions of this Section after a specified date before the first anniversary of the effective date of this Section. After the filing of such notice, then upon such specified date, which shall be the operative date of this Section for such company, this Section shall become operative with respect to annuity contracts thereafter issued

"GA1979.1.1423">

by such company. If a company makes no such election, the operative date of this Section for such company shall be the first anniversary of the effective date of this Section. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1979. LAND CONVEYANCE TO GEORGIA POWER COMPANY. No. 81 (Senate Resolution No. 31). A RESOLUTION Authorizing the State Properties Commission to grant and convey to Georgia Power Company, its successors and assigns, certain real property owned by the State of Georgia and located in Baldwin County, Georgia, for the construction, installation and operation of electrical substations to be used in connection with the transmission and distribution of electricity to the general public; and for other purposes. WHEREAS, Georgia Power Company, a Georgia Corporation, finds it necessary to construct, operate and maintain electrical substations with related equipment and improvements, in connection with the transmission and distribution of electricity in the vicinity of Garrett Way and Georgia Highway No. 22, near the Milledgeville Youth Development Center and in the vicinity of Vinson Road and U.S. Highway No. 441, near the Milledgeville State Hospital, in Baldwin County, Georgia; and WHEREAS, the State of Georgia is the owner of said certain real property located in Baldwin County, Georgia, and which is currently under the control and jurisdiction of the Department of Human Resources and the Georgia Forestry Commission; and

"GA1979.1.1424">

WHEREAS, the hereinafter described real property is no longer needed by the Department of Human Resources and the Georgia Forestry Commission or the State of Georgia and is therefore surplus. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that for and in consideration of the premises and payment into the General Treasury of the State of Georgia, the sum of FOURTEEN THOUSAND TWO HUNDRED FIFTY DOLLARS ($14,250.00), the appraised value of said property, the State Properties Commission, by its Chairman for and on behalf of the State of Georgia, is hereby authorized to convey to Georgia Power Company, a Georgia Corporation, its successors and assigns, a fee simple title to all that tract or parcel of land described as follows: All that tract or parcel of land situate, lying and being in Land Lot 281 of the 1st Land District of Baldwin County, Georgia and being more particularly described as follows: BEGINNING at an iron pin located on the Southerly right-of-way line of Georgia Highway No. 22, said iron pin being located 653.54 feet as measured in an Easterly direction along the said Southerly right-of-way line of Georgia Highway No. 22 from its intersection with the dividing line between Land Lots 280 and 281; thence from said Point of Beginning in an Easterly direction along the said Southerly right-of-way line 300.44 feet to an iron pin; thence South 19 27[UNK] West 300.00 feet to an iron pin; thence North 70 33[UNK] West 300.00 feet to an iron pin; thence North 19 27[UNK] East 295.40 feet to the Point of Beginning, containing 2.084 acres, more or less. The above described tract of land is more particularly shown according to a plat of survey, dated January 26, 1978, prepared by Lamar B. Leach, Registered Land Surveyor, and entitled Meriwether 115/12 K.V. Substation and designated as Drawing Number N-79-9. AND All that tract or parcel of land situate, lying and being in Land Lot 245 of the 5th Land District of originally Wilkinson, now Baldwin County, Georgia and being more particularly described as follows: BEGINNING at an iron pin on the Southerly right-of-way line

"GA1979.1.1425">

of Vinson Road, said iron pin being located 1839.50 feet as measured North 74 26[UNK] East from an iron pin corner (being located on the Northerly right-of-way line of Vinson Road) common to lands of Mrs. W. E. Giles, also known as Lillie M. Giles, and lands of the State of Georgia; thence from said Point of Beginning in a Northeasterly direction along the Southerly right-of-way line of Vinson Road 309.24 feet to an iron pin; thence South 06 04[UNK] East 350.00 feet to an iron pin; thence South 83 56[UNK] West 300.00 feet to an iron pin; thence North 06 04[UNK] West 275.83 feet to the Point of Beginning, containing 2.132 acres, more or less. The above described tract of land is more particularly shown according to a plat of survey, dated September, 1978, prepared by Lamar B. Leach, Registered Land Surveyor, and entitled Vinson Road 115/12 K.V. Substation and designated as Drawing Number K-26-4. Approved April 24, 1979. OFFICIAL STATE SONG DESIGNATED. No. 82 (House Resolution No. 146-516). A RESOLUTION Designating the song Georgia on My Mind as the official song of the State of Georgia; and for other purposes. WHEREAS, the song Georgia on My Mind, with lyrics by Mr. Stuart Gorrell and music by Mr. Hoagy Carmichael, has an enduring quality that has made it one of the best loved songs in America for many years; and WHEREAS, although Georgia on My Mind describes a Georgian's love for his State, its beautiful melody and lyrics have given the song a worldwide appeal; and

"GA1979.1.1426">

WHEREAS, Georgia on My Mind has been recorded by many outstanding artists, but the rendition by Mr. Ray Charles, a native Georgian, which was first recorded in 1958, has been greatly enjoyed by music lovers throughout the world; and WHEREAS, Georgia on My Mind was first copyrighted in 1930 and recopyrighted in 1975, and the publisher is Peir International Corporation; and WHEREAS, it is appropriate that the official State song should be a beautiful song that has wide appeal throughout the country, and Georgia on My Mind is an outstanding example of these qualities. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the song Georgia on My Mind with lyrics by Mr. Stuart Gorrell and music by Mr. Hoagy Carmichael is hereby designated as the official song of the State of Georgia. BE IT FURTHER RESOLVED that the lyrics of Georgia on My Mind are as follows: Georgia on My Mind Melodies bring memories That linger in my heart Make me think of Georgia Why did we ever part? Some sweet day when blossoms fall And all the world's a song I'll go back to Georgia `Cause that's where I belong. Georgia, Georgia, the whole day through Just an old sweet song keeps Georgia on my mind. Georgia, Georgia, a song of you Comes as sweet and clear as moonlight through the pines.

"GA1979.1.1427">

Other arms reach out to me Other eyes smile tenderly Still in peaceful dreams I see The road leads back to you. Georgia, Georgia, no peace I find Just an old sweet song keeps Georgia on my mind. BE IT FURTHER RESOLVED that Resolution Act Number 53, approved August 19, 1922 (Ga. Laws 1922, p. 1141) and Resolution Act Number 108, approved March 25, 1958 (Ga. Laws 1958, p. 506), relative to the adoption of the song Georgia as the official State song, are hereby repealed in their entirety. Approved April 24, 1979. GENERAL APPROPRIATIONS ACT. No. 669 (House Bill No. 134). AN ACT To make and provide appropriations for the fiscal year beginning July 1, 1979, and ending June 30, 1980; 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.

"GA1979.1.1428">

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, 1979, and ending June 30, 1980, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus, Federal Revenue Sharing Funds of $25,500,000 and a revenue estimate of $2,623,000,000 for fiscal year 1980. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 9,360,000 1. Operations $ 8,960,000 Total Funds Budgeted $ 8,960,000 State Funds Budgeted $ 8,960,000 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 $ 8,960,000 Election Blanks and Other 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;

"GA1979.1.1429">

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 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 $ 3,503,000 1. Operations $ 3,153,000 Total Funds Budgeted $ 3,153,000 State Funds Budgeted $ 3,153,000 2. Tax Ratio Study $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Budget Unit Object Classes: Operations $ 3,153,000 Tax Ratio Study $ 350,000 Authorized Motor Vehicles 22

"GA1979.1.1430">

PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 1,664,000 For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481. Provided, however, that the sum of $10,500 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 $ 11,929,439 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. 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.

"GA1979.1.1431">

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, $300,000 is designated and committed for the Prosecuting Attorneys' Council for operations and $55,719 is designated and committed for the Sentence Review Panel. Provided, however, of the above appropriation $10,000 is designated and committed to attend the judicial college for judges with less than five years' experience. Section 5. Court of Appeals. Budget Unit: Court of Appeals $ 1,722,000 For the cost of operating the State Court of Appeals, including salaries and retirement contributions of judges and employees of the Court and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Section 6. Administrative Office of the Court. Budget Unit: Administrative Office of the Court $ 546,000 Total Funds Budgeted $ 1,236,527 State Funds Budgeted $ 546,000 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 $ 130,000 For the cost of printing and distributing the reports of the Supreme Court and Court of Appeals.

"GA1979.1.1432">

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: $ 9,000 For the cost of operating the Board of Court Reporting. Section 10. Council of Juvenile Court Judges. Budget Unit: $ 75,995 For the cost of operating the Council of Juvenile Court Judges. Section 11. Georgia Justice Courts Training Council. Budget Unit: $ 10,000 For the cost of operating the Georgia Justice Courts Training Council. Section 12. Georgia Criminal Justice Defense Council. Budget Unit: $ 250,000 For the cost of operating the Georgia Criminal Justice Defense Council. PART III. EXECUTIVE BRANCH Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 27,646,952 1. State Properties Commission Budget: Personal Services $ 155,289 Regular Operating Expenses $ 11,208 Travel $ 4,500 Motor Vehicle Equipment Purchases $ 5,300 Publications and Printing $ 800 Equipment Purchases $ 2,500 Computer Charges -0- Real Estate Rentals $ 7,650 Telecommunications $ 3,000 Per Diem, Fees and Contracts $ 11,050 Total Funds Budgeted $ 201,297 State Funds Budgeted $ 201,297 Total Positions Budgeted 6 2. Departmental Administration Budget: Personal Services $ 663,287 Regular Operating Expenses $ 37,018 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,200 Equipment Purchases $ 2,570 Computer Charges $ -0- Real Estate Rentals $ 35,870 Telecommunications $ 15,800 Per Diem, Fees and Contracts $ -0- Direct Payments to Georgia Building Authority for Capital Outlay $ 454,000 Direct Payments to Georgia Building Authority for Operations $ 2,042,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Total Funds Budgeted $ 4,109,745 State Funds Budgeted $ 4,109,745 Total Positions Budgeted 36 3. Fiscal and Self-Insurance Administration Budget: Personal Services $ 881,097 Regular Operating Expenses $ 46,224 Travel $ 22,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,700 Equipment Purchases $ 2,000 Computer Charges $ 4,515,433 Real Estate Rentals $ 42,920 Telecommunications $ 20,500 Per Diem, Fees and Contracts $ -0- Workers' Compensation $ 2,500,000 State Liability Self-Insurance Reserve $ -0- Unemployment Compensation Reserve $ 1,400,000 Public Safety Officers Indemnification Fund $ 432,860 Total Funds Budgeted $ 9,867,734 State Funds Budgeted $ 7,565,344 Total Positions Budgeted 48 4. Central Supply Services Budget: Personal Services $ 147,063 Regular Operating Expenses $ 75,338 Travel $ 200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,200 Equipment Purchases $ 1,500 Computer Charges $ -0- Real Estate Rentals $ 54,100 Telecommunications $ 3,700 Per Diem, Fees and Contracts $ 700 Materials for Resale $ 3,002,000 Total Funds Budgeted $ 3,286,801 State Funds Budgeted $ -0- Total Positions Budgeted 12 5. Procurement Administration Budget: Personal Services $ 899,324 Regular Operating Expenses $ 72,957 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,000 Equipment Purchases $ 1,850 Computer Charges $ 208,375 Real Estate Rentals $ 44,750 Telecommunications $ 28,950 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,286,206 State Funds Budgeted $ 1,286,206 Total Positions Budgeted 53 6. General Services Administration Budget: Personal Services $ 174,603 Regular Operating Expenses $ 74,454 Travel $ 800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 900 Computer Charges $ -0- Real Estate Rentals $ 1,220 Telecommunications $ 2,200 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 254,277 State Funds Budgeted $ 124,955 Total Positions Budgeted 14 7. Property Management Administration Budget: Personal Services $ 763,622 Regular Operating Expenses $ 204,554 Travel $ 21,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,180 Equipment Purchases $ 3,509 Computer Charges $ 18,000 Real Estate Rentals $ 23,150 Telecommunications $ 14,500 Per Diem, Fees and Contracts $ 8,200 Utilities $ 23,500 Total Funds Budgeted $ 1,093,715 State Funds Budgeted $ 359,405 Total Positions Budgeted 57 8. Data Processing Services Budget: Personal Services $ 11,073,560 Regular Operating Expenses $ 917,288 Travel $ 32,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,100 Equipment Purchases $ 39,000 Computer Charges $ 229,000 Rents and Maintenance Expense $ 12,460,413 Real Estate Rentals $ 911,710 Telecommunications $ 190,000 Payments to DOAS Fiscal Administration $ 2,243,396 Per Diem, Fees and Contracts $ 517,145 Total Funds Budgeted $ 28,630,612 State Funds Budgeted $ 9,000,000 Total Positions Budgeted 691 9. Motor Pool Services Budget: Personal Services $ 331,387 Regular Operating Expenses $ 661,687 Travel $ 850 Motor Vehicle Equipment Purchases $ 111,300 Publications and Printing $ 800 Equipment Purchases $ 1,200 Computer Charges $ 2,011 Real Estate Rentals $ 720 Telecommunications $ 4,500 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,114,455 State Funds Budgeted $ -0- Total Positions Budgeted 28 10. Communication Services Budget: Personal Services $ 1,681,975 Regular Operating Expenses $ 301,748 Travel $ 8,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 44,000 Equipment Purchases $ 12,100 Computer Charges $ 64,000 Real Estate Rentals $ 51,400 Telecommunications $ 1,680 Per Diem, Fees and Contracts $ 10,000 Telephone Billings $ 16,320,000 Total Funds Budgeted $ 18,495,603 State Funds Budgeted $ 5,000,000 Total Positions Budgeted 106 11. Printing Services Budget: Personal Services $ 1,007,067 Regular Operating Expenses $ 1,133,969 Travel $ 3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 26,500 Computer Charges $ 5,580 Real Estate Rentals $ 114,950 Telecommunications $ 10,600 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,302,366 State Funds Budgeted $ -0- Total Positions Budgeted 76 Budget Unit Object Classes: Personal Services $ 17,778,274 Regular Operating Expenses $ 3,536,445 Travel $ 104,750 Motor Vehicle Equipment Purchases $ 116,600 Publications and Printing $ 111,580 Equipment Purchases $ 93,629 Computer Charges $ 5,042,399 Real Estate Rentals $ 1,288,440 Telecommunications $ 295,430 Per Diem, Fees and Contracts $ 547,095 Rents and Maintenance Expense $ 12,460,413 Utilities $ 23,500 Workers' Compensation $ 2,500,000 Payments to DOAS Fiscal Administration $ 2,243,396 Direct Payments to Georgia Building Authority for Operations $ 2,042,000 Direct Payments to Georgia Building Authority for Capital Outlay $ 454,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 State Liability Self-Insurance Reserve $ -0- Telephone Billings $ 16,320,000 Materials for Resale $ 3,002,000 Public Safety Officers Indemnity Fund $ 432,860 Unemployment Compensation Reserve $ 1,400,000 Total Positions Budgeted 1,127 Authorized Motor Vehicles 275

"GA1979.1.1438">

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 1980 for the purposes authorized in S.B. 36 of the 1978 Regular Session. Provided, however, of the above appropriation relative to Unemployment Compensation, the Department is authorized to use $2,407 for payment of encumbrance generated before July 1, 1978. It is the intent of this General Assembly that the Office of Planning and Budget and all other agencies of State government utilize federal funds wherever possible in connection with Workers' Compensation and Unemployment Compensation payments, and that no such payments shall be made to or on behalf of anyone other than bona fide State employees. It is the intent of this General Assembly that income to the Department of Administrative Services from user agencies shall not exceed the maximum amounts listed below for each service activity: General Services $ 254,277 Data Processing Service $ 26,387,216 Motor Pool Service $ 1,114,455 Communication Services $ 18,495,603 Printing Services $ 2,302,366 Central Supply Services $ 3,286,801 Total $ 51,840,718 except to provide general salary increases authorized for all State employees, or unless there is a corresponding fund availability, with prior budgetary approval, in the appropriate object class or classes of user agency or agencies for which the Department provides service.

"GA1979.1.1439">

Provided further, the State Auditor shall report any exceptions or violations of this intent in his annual financial audit of the Department of Administrative Services. Provided, it is the intent of this General Assembly that the Department shall not purchase, lease, or lease-purchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies. B. Budget Unit: Georgia Building Authority $ -0- Georgia Building Authority Budget: Personal Services $ 6,378,136 Regular Operating Expenses $ 1,626,211 Travel $ 2,900 Motor Vehicle Equipment Purchases $ 5,500 Publications and Printing $ 10,000 Equipment Purchases $ 63,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 40,000 Per Diem, Fees and Contracts $ 77,000 Capital Outlay $ 454,000 Authority Lease Rentals $ 1,339,566 Utilities $ 2,750,000 Facilities Renovations Repairs $ -0- Total Funds Budgeted $ 12,746,313 State Funds Budgeted $ -0- Total Positions Budgeted 403 Budget Unit Object Classes: Personal Services $ 6,378,136 Regular Operating Expenses $ 1,626,211 Travel $ 2,900 Motor Vehicle Equipment Purchases $ 5,500 Publications and Printing $ 10,000 Equipment Purchases $ 63,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 40,000 Per Diem, Fees and Contracts $ 77,000 Capital Outlay $ 454,000 Authority Lease Rentals $ 1,339,566 Utilities $ 2,750,000 Facilities Renovations and Repairs $ -0- Total Positions Budgeted 403 Authorized Motor Vehicles 39

"GA1979.1.1440">

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. Provided that of the above appropriation $300,000 is designated and committed for a Public Safety Training Academy, the location to be approved by no less than eleven (11) members of the Fiscal Affairs subcommittees of the House of Representatives and the State Senate. Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 16,020,037 1. Plant Industry Budget: Personal Services $ 2,544,000 Regular Operating Expenses $ 176,636 Travel $ 122,750 Motor Vehicle Equipment Purchases $ 38,000 Publications and Printing $ 23,000 Equipment Purchases $ 44,900 Computer Charges $ -0- Real Estate Rentals $ 1,980 Telecommunications $ 28,675 Per Diem, Fees and Contracts 500 Total Funds Budgeted $ 2,980,441 State Funds Budgeted $ 2,740,441 Total Positions Budgeted 178 2. Animal Industry Budget: Personal Services $ 763,000 Regular Operating Expenses $ 90,360 Travel $ 32,000 Motor Vehicle Equipment Purchases $ 5,100 Publications and Printing $ 5,300 Equipment Purchases $ 3,300 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 28,743 Per Diem, Fees and Contracts $ -0- Athens Veterinary Laboratory Contract $ 290,000 Tifton Veterinary Laboratory Contract $ 480,000 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton $ 747,000 Veterinary Fees $ 525,000 Research Contract with Georgia Institute of Technology $ 165,000 Contract with University of Georgia to Study Avian Disease $ 211,358 Indemnities $ 75,000 Total Funds Budgeted $ 3,421,161 State Funds Budgeted $ 3,126,161 Total Positions Budgeted 48 3. Marketing Budget: Personal Services $ 564,000 Regular Operating Expenses $ 98,652 Travel $ 28,250 Motor Vehicle Equipment Purchases $ 20,400 Publications and Printing $ 5,100 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 32,184 Per Diem, Fees and Contracts $ 17,100 Total Funds Budgeted $ 767,686 State Funds Budgeted $ 762,186 Total Positions Budgeted 32 4. Major Markets Budget: Personal Services $ 1,425,000 Regular Operating Expenses $ 628,608 Travel $ 14,400 Motor Vehicle Equipment Purchases $ 27,100 Publications and Printing $ 40,600 Equipment Purchases $ 11,775 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 26,740 Per Diem, Fees and Contracts $ 43,000 Total Funds Budgeted $ 2,217,223 State Funds Budgeted $ 231,868 Total Positions Budgeted 112 5. General Agricultural Field Forces Budget: Personal Services $ 1,550,000 Regular Operating Expenses $ 75,960 Travel $ 171,000 Motor Vehicle Equipment Purchases $ 35,700 Publications and Printing $ 1,300 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ 3,300 Telecommunications $ 17,700 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,855,960 State Funds Budgeted $ 1,855,960 Total Positions Budgeted 122 6. Internal Administration Budget: Personal Services $ 885,000 Regular Operating Expenses $ 102,606 Travel $ 19,000 Motor Vehicle Equipment Purchases $ 11,600 Publications and Printing $ 9,150 Equipment Purchases $ 1,000 Computer Charges $ 217,925 Real Estate Rentals $ 404,945 Telecommunications $ 34,500 Per Diem, Fees and Contracts $ 20,750 Advertising Contract $ 35,000 Total Funds Budgeted $ 1,741,476 State Funds Budgeted $ 1,716,476 Total Positions Budgeted 52 7. Information and Education Budget: Personal Services $ 95,000 Regular Operating Expenses $ 12,144 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 297,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Market Bulletin Postage $ 302,000 Total Funds Budgeted $ 712,144 State Funds Budgeted $ 712,144 Total Positions Budgeted 8 8. Fuel and Measures Standards Budget: Personal Services $ 873,000 Regular Operating Expenses $ 134,252 Travel $ 73,000 Motor Vehicle Equipment Purchases $ 35,400 Publications and Printing $ 2,300 Equipment Purchases $ 13,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 11,400 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,142,352 State Funds Budgeted $ 1,139,852 Total Positions Budgeted 66 9. Consumer Services Budget: Personal Services $ 496,000 Regular Operating Expenses $ 47,182 Travel $ 13,000 Motor Vehicle Equipment Purchases $ 25,500 Publications and Printing $ 10,000 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 11,444 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 605,126 State Funds Budgeted $ 605,126 Total Positions Budgeted 29 10. Consumer Protection Field Forces Budget: Personal Services $ 2,050,000 Regular Operating Expenses $ 79,404 Travel $ 128,000 Motor Vehicle Equipment Purchases $ 32,500 Publications and Printing $ 8,350 Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ 5,220 Telecommunications $ 21,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,329,474 State Funds Budgeted $ 1,919,474 Total Positions Budgeted 129 11. Meat Inspection Budget: Personal Services $ 2,030,000 Regular Operating Expenses $ 47,122 Travel $ 167,500 Motor Vehicle Equipment Purchases $ 15,300 Publications and Printing $ 2,300 Equipment Purchases $ 1,100 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 16,600 Per Diem, Fees and Contracts $ 83,000 Total Funds Budgeted $ 2,362,922 State Funds Budgeted $ 946,849 Total Positions Budgeted 136 12. Fire Ant Control Budget: Personal Services $ 40,000 Regular Operating Expenses $ -0- Travel $ 11,000 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 $ 29,000 Total Funds Budgeted $ 80,000 State Funds Budgeted $ 80,000 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 $ 13,315,000 Regular Operating Expenses $ 1,492,926 Travel $ 780,900 Motor Vehicle Equipment Purchases $ 246,600 Publications and Printing $ 404,400 Equipment Purchases $ 84,075 Computer Charges $ 217,925 Real Estate Rentals $ 415,445 Telecommunications $ 233,986 Per Diem, Fees and Contracts $ 165,350 Market Bulletin Postage $ 302,000 Purchase of Bait and Airplane Contracts $ 29,000 Athens Veterinary Laboratory Contract $ 290,000 Tifton Veterinary Laboratory Contract $ 480,000 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton $ 747,000 Veterinary Fees $ 525,000 Research Contract with Georgia Institute of Technology $ 165,000 Contract with University of Georgia to Study Avian Disease $ 211,358 Indemnities $ 75,000 Advertising Contract $ 35,000 Direct Payments to Georgia Agrirama Development Authority for Operations $ 183,500 Total Positions Budgeted 912 Authorized Motor Vehicles 227

"GA1979.1.1446">

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, the Department is authorized and directed to notify dairy farmers of milk-sample test results after each test. B. Budget Unit: Georgia Agrirama Development Authority $ -0- Georgia Agrirama Development Authority Budget: Personal Services $ 333,831 Regular Operating Expenses $ 79,184 Travel $ 8,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,400 Equipment Purchases $ 600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,500 Per Diem, Fees and Contracts $ 13,150 Goods for Resale $ 54,855 Total Funds Budgeted $ 508,820 State Funds Budgeted $ -0- Total Positions Budgeted 30 Budget Unit Object Classes: Personal Services $ 333,831 Regular Operating Expenses $ 79,184 Travel $ 8,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,400 Equipment Purchases $ 600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,500 Per Diem, Fees and Contracts $ 13,150 Goods for Resale $ 54,855 Total Positions Budgeted 30 Authorized Motor Vehicles 5

"GA1979.1.1447">

Provided, the Authority is hereby authorized to budget additional agency income for the purpose of providing a retirement plan for its employees. Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 2,200,311 Administration and Examination Budget: Personal Services $ 1,750,000 Regular Operating Expenses $ 48,173 Travel $ 280,808 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,486 Equipment Purchases $ 14,915 Computer Charges $ 9,600 Real Estate Rentals $ 55,500 Telecommunications $ 15,329 Per Diem, Fees and Contracts $ 10,500 Total Funds Budgeted $ 2,200,311 State Funds Budgeted $ 2,200,311 Total Positions Budgeted 92 Budget Unit Object Classes: Personal Services $ 1,750,000 Regular Operating Expenses $ 48,173 Travel $ 280,808 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,486 Equipment Purchases $ 14,915 Computer Charges $ 9,600 Real Estate Rentals $ 55,500 Telecommunications $ 15,329 Per Diem, Fees and Contracts $ 10,500 Total Positions Budgeted 92 Authorized Motor Vehicles 0

"GA1979.1.1448">

Section 16. Department of Community Affairs. A. Budget Unit: Department of Community Affairs $ 2,646,517 1. Executive Office and Administrative Support: Personal Services $ 326,000 Regular Operating Expenses $ 51,420 Travel $ 9,300 Motor Vehicle Equipment Purchases $ 5,600 Publications and Printing $ 9,500 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ 32,315 Telecommunications $ 3,340 Per Diem, Fees and Contracts $ 8,500 Capital Felony Expenses $ 100,000 Total Funds Budgeted $ 547,975 State Funds Budgeted $ 473,975 Total Positions Budgeted 17 2. Technical Assistance: Personal Services $ 417,629 Regular Operating Expenses $ 12,358 Travel $ 33,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,150 Equipment Purchases $ 300 Computer Charges $ 2,850 Real Estate Rentals $ 29,900 Telecommunications $ 13,050 Per Diem, Fees and Contracts $ 11,150 Total Funds Budgeted $ 524,637 State Funds Budgeted $ 408,637 Total Positions Budgeted 23 3. Planning and Programming: Personal Services $ 245,000 Regular Operating Expenses $ 7,325 Travel $ 8,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 200 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 7,900 Per Diem, Fees and Contracts $ 1,240 Grants to Area Planning and Development Commissions $ 1,350,000 HUD 701 Planning Grants $ 843,000 Total Funds Budgeted $ 2,464,665 State Funds Budgeted $ 1,459,665 Total Positions Budgeted 11 4. Housing and Codes: Personal Services $ 282,435 Regular Operating Expenses $ 8,606 Travel $ 13,460 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,950 Equipment Purchases $ 6,520 Computer Charges $ 2,500 Real Estate Rentals $ 10,400 Telecommunications $ 9,369 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 339,240 State Funds Budgeted $ 304,240 Total Positions Budgeted 16 Budget Unit Object Classes: Personal Services $ 1,271,064 Regular Operating Expenses $ 79,709 Travel $ 64,510 Motor Vehicle Equipment Purchases $ 5,600 Publications and Printing $ 19,100 Equipment Purchases $ 9,020 Computer Charges $ 5,350 Real Estate Rentals $ 72,615 Telecommunications $ 33,659 Per Diem, Fees and Contracts $ 22,890 Capital Felony Expenses $ 100,000 Grants to Area Planning and Development Commissions $ 1,350,000 HUD 701 Planning Grants $ 843,000 Total Positions Budgeted 67 Authorized Motor Vehicles 2 B. Budget Unit: State Building Administrative Board $ 109,000 State Building Administrative Board Budget: Personal Services $ 83,000 Regular Operating Expenses $ 2,370 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 300 Computer Charges $ -0- Real Estate Rentals $ 5,240 Telecommunications $ 900 Per Diem, Fees and Contracts $ 18,500 Total Funds Budgeted $ 121,310 State Funds Budgeted $ 109,000 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 83,000 Regular Operating Expenses $ 2,370 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 300 Computer Charges $ -0- Real Estate Rentals $ 5,240 Telecommunications $ 900 Per Diem, Fees and Contracts $ 18,500 Total Positions Budgeted 5 Authorized Motor Vehicles 0 C. Budget Unit: State Crime Commission $ 543,985 1. State Crime Commission Planning and Grant Administration Budget: Personal Services $ 519,830 Regular Operating Expenses $ 29,575 Travel $ 16,660 Motor Vehicle Equipment Purchases $ 10,600 Publications and Printing $ 18,900 Equipment Purchases $ 500 Computer Charges $ 16,000 Real Estate Rentals $ 35,735 Telecommunications $ 16,760 Per Diem, Fees and Contracts $ 13,500 Total Funds Budgeted $ 678,060 State Funds Budgeted $ 229,293 Total Positions Budgeted 25 2. LEAA Grants Budget: LEAA Juvenile Justice $ 1,520,000 LEAA Action Local $ 5,260,000 LEAA Action State $ 3,075,000 LEAA Planning $ 622,400 Total Funds Budgeted $ 10,477,400 State Funds Budgeted $ 286,200 Total Positions Budgeted 0 3. Juvenile Justice Budget: Personal Services $ 59,769 Regular Operating Expenses $ 2,510 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 3,346 Telecommunications $ 1,620 Per Diem, Fees and Contracts $ 6,500 Total Funds Budgeted $ 77,745 State Funds Budgeted $ 28,492 Total Positions Budgeted 3 4. Organized Crime Budget: Personal Services $ 75,405 Regular Operating Expenses $ 7,615 Travel $ 2,665 Motor Vehicle Equipment Purchases $ 10,600 Publications and Printing $ 1,700 Equipment Purchases $ 846 Computer Charges $ -0- Real Estate Rentals $ 4,379 Telecommunications $ 2,544 Per Diem, Fees and Contracts $ 2,400 Total Funds Budgeted $ 108,154 State Funds Budgeted $ -0- Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 655,004 Regular Operating Expenses $ 39,700 Travel $ 22,325 Motor Vehicle Equipment Purchases $ 21,200 Publications and Printing $ 21,600 Equipment Purchases $ 1,346 Computer Charges $ 16,000 Real Estate Rentals $ 43,460 Telecommunications $ 20,924 Per Diem, Fees and Contracts $ 22,400 LEAA Action Local $ 5,260,000 LEAA Action State $ 3,075,000 LEAA Planning $ 622,400 LEAA Juvenile Justice $ 1,520,000 Total Positions Budgeted 31 Authorized Motor Vehicles 4

"GA1979.1.1452">

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. D. Budget Unit: Georgia Residential Finance Authority $ -0- Georgia Residential Finance Authority Budget: Personal Services $ 701,914 Regular Operating Expenses $ 94,000 Travel $ 52,000 Motor Vehicle Equipment Purchases $ 15,900 Publications and Printing $ 24,700 Equipment Purchases $ 18,050 Computer Charges $ 62,381 Real Estate Rentals $ 61,630 Telecommunications $ 36,620 Per Diem, Fees and Contracts $ 99,880 Rental Assistance Payments $ 4,930,800 Grants to Housing Sponsors $ 616,250 Total Funds Budgeted $ 6,714,125 State Funds Budgeted $ -0- Total Positions Budgeted 38 Authorized Motor Vehicles 0 Budget Unit Object Classes: Personal Services $ 701,914 Regular Operating Expenses $ 94,000 Travel $ 52,000 Motor Vehicle Equipment Purchases $ 15,900 Publications and Printing $ 24,700 Equipment Purchases $ 18,050 Computer Charges $ 62,381 Real Estate Rentals $ 61,630 Telecommunications $ 36,620 Per Diem, Fees and Contracts $ 99,880 Rental Assistance Payments $ 4,930,800 Grants to Housing Sponsors $ 616,250 Total Positions Budgeted 38 Authorized Motor Vehicles 0

"GA1979.1.1453">

Section 17. Office of Comptroller General. Budget Unit: Office of Comptroller General $ 3,894,494 1. Internal Administration Budget: Personal Services $ 353,000 Regular Operating Expenses $ 58,704 Travel $ 6,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,600 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,700 Per Diem, Fees and Contracts $ 4,000 Total Funds Budgeted $ 443,804 State Funds Budgeted $ 443,804 Total Positions Budgeted 20 2. Insurance Regulation Budget: Personal Services $ 692,914 Regular Operating Expenses $ 30,499 Travel $ 6,788 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,100 Equipment Purchases $ 2,150 Computer Charges $ 36,200 Real Estate Rentals $ 16,305 Telecommunications $ 26,966 Per Diem, Fees and Contracts $ 5,000 Computer Equipment and Feasibility Study $ -0- Total Funds Budgeted $ 841,922 State Funds Budgeted $ 841,922 Total Positions Budgeted 43 3. Industrial Loans Regulation Budget: Personal Services $ 267,400 Regular Operating Expenses $ 17,216 Travel $ 14,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,200 Equipment Purchases $ 775 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,272 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 308,163 State Funds Budgeted $ 308,163 Total Positions Budgeted 15 4. Information and Enforcement Budget: Personal Services $ 612,500 Regular Operating Expenses $ 35,705 Travel $ 16,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,400 Equipment Purchases $ 775 Computer Charges $ -0- Real Estate Rentals $ 17,487 Telecommunications $ 23,336 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 711,203 State Funds Budgeted $ 711,203 Total Positions Budgeted 43 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 1,605,270 Regular Operating Expenses $ 89,176 Travel $ 115,000 Motor Vehicle Equipment Purchases $ 15,300 Publications and Printing $ 9,000 Equipment Purchases $ 1,500 Computer Charges $ -0- Real Estate Rentals $ 28,440 Telecommunications $ 25,716 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,889,402 State Funds Budgeted $ 1,589,402 Total Positions Budgeted 104 Budget Unit Object Classes: Personal Services $ 3,531,384 Regular Operating Expenses $ 231,300 Travel $ 158,588 Motor Vehicle Equipment Purchases $ 15,300 Publications and Printing $ 47,300 Equipment Purchases $ 5,200 Computer Charges $ 36,200 Real Estate Rentals $ 62,232 Telecommunications $ 95,990 Computer Equipment and Feasibility Study $ -0- Per Diem, Fees and Contracts $ 11,000 Total Positions Budgeted 225 Authorized Motor Vehicles 57

"GA1979.1.1456">

Section 18. Department of Defense. Budget Unit: Department of Defense $ 2,295,375 1. Administration and Support of State Militia Budget: Personal Services $ 621,228 Regular Operating Expenses $ 67,959 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,000 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 25,000 Per Diem, Fees and Contracts $ 10,000 Military Assistance to Safety and Traffic Grant $ -0- Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 25,000 Total Funds Budgeted $ 793,687 State Funds Budgeted $ 793,687 Total Positions Budgeted 33 2. Civil Defense Budget: Personal Services $ 598,030 Regular Operating Expenses $ 71,844 Travel $ 16,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 22,600 Per Diem, Fees and Contracts $ 15,000 Total Funds Budgeted $ 728,474 State Funds Budgeted $ 374,563 Total Positions Budgeted 33 3. Construction and Facilities Maintenance Budget: Personal Services $ 105,035 Regular Operating Expenses $ 106,426 Travel $ 2,400 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 $ 500 Grants to National Guard Units $ 277,500 Capital Outlay $ 559,340 Total Funds Budgeted $ 1,060,201 State Funds Budgeted $ 849,571 Total Positions Budgeted 7 4. Disaster Preparedness and Recovery Budget: Personal Services $ 158,508 Regular Operating Expenses $ 7,726 Travel $ 18,520 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 3,600 Telecommunications $ 3,795 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 193,649 State Funds Budgeted $ -0- Total Positions Budgeted 9 5. Service Contracts Budget: Personal Services $ 1,548,777 Regular Operating Expenses $ 1,277,531 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 1,800 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,831,108 State Funds Budgeted $ 277,554 Total Positions Budgeted 117 Budget Unit Object Classes: Personal Services $ 3,031,578 Regular Operating Expenses $ 1,531,486 Travel $ 43,420 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 28,500 Equipment Purchases $ 10,000 Computer Charges $ -0- Real Estate Rentals $ 3,600 Telecommunications $ 53,195 Per Diem, Fees and Contracts $ 25,500 Military Assistance to Safety and Traffic Grant $ -0- National Guard Units Grants $ 277,500 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 25,000 Capital Outlay $ 559,340 Total Positions Budgeted 199 Authorized Motor Vehicles 20

"GA1979.1.1458">

Section 19. State Board of Education - Department of Education. A. Budget Unit: Department of Education $ 973,296,721 1. Instructional Services Budget: Personal Services $ 1,945,035 Regular Operating Expenses $ 82,713 Travel $ 157,916 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 91,599 Equipment Purchases $ 13,822 Computer Charges $ -0- Real Estate Rentals $ 101,444 Telecommunications $ 76,971 Per Diem, Fees and Contracts $ 154,680 Utilities $ 4,500 Total Funds Budgeted $ 2,628,680 State Funds Budgeted $ 1,475,899 Total Positions Budgeted 103 2. Governor's Honors Program Budget: Personal Services $ 236,005 Regular Operating Expenses $ 40,468 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ 2,274 Telecommunications $ 3,800 Per Diem, Fees and Contracts $ 332,970 Total Funds Budgeted $ 621,517 State Funds Budgeted $ 621,517 Total Positions Budgeted 2 3. Vocational and Adult Education Budget: Personal Services $ 1,930,948 Regular Operating Expenses $ 174,405 Travel $ 151,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 46,791 Equipment Purchases $ 4,274 Computer Charges $ -0- Real Estate Rentals $ 95,319 Telecommunications $ 65,050 Per Diem, Fees and Contracts $ 2,558,977 Utilities $ 6,420 Total Funds Budgeted $ 5,033,184 State Funds Budgeted $ 1,560,287 Total Positions Budgeted 106 4. Media Services Budget: Personal Services $ 2,669,316 Regular Operating Expenses $ 1,741,686 Travel $ 69,994 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 144,562 Equipment Purchases $ 35,693 Computer Charges $ -0- Real Estate Rentals $ 7,458 Telecommunications $ 63,419 Per Diem, Fees and Contracts $ 193,000 Utilities $ 291,659 Capital Outlay $ -0- Total Funds Budgeted $ 5,216,787 State Funds Budgeted $ 4,321,298 Total Positions Budgeted 182 5. Public Library Services Budget: Personal Services $ 634,000 Regular Operating Expenses $ 304,374 Travel $ 21,628 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,600 Equipment Purchases $ 9,015 Computer Charges $ -0- Real Estate Rentals $ 97,218 Telecommunications $ 29,750 Per Diem, Fees and Contracts $ 52,050 Utilities $ 7,390 Total Funds Budgeted $ 1,165,025 State Funds Budgeted $ 628,380 Total Positions Budgeted 49 6. State Administration Budget: Personal Services $ 806,881 Regular Operating Expenses $ 90,796 Travel $ 35,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,300 Equipment Purchases $ 10,000 Computer Charges $ -0- Real Estate Rentals $ 56,089 Telecommunications $ 25,579 Per Diem, Fees and Contracts $ 145,309 Total Funds Budgeted $ 1,192,254 Indirect GBA Rents $ 200,000 State Funds Budgeted $ 745,046 Total Positions Budgeted 40 7. Administrative Services Budget: Personal Services $ 3,361,651 Regular Operating Expenses $ 174,552 Travel $ 243,703 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 170,591 Equipment Purchases $ 24,275 Computer Charges $ 636,185 Real Estate Rentals $ 181,604 Telecommunications $ 88,766 Per Diem, Fees and Contracts $ 68,160 Utilities $ 2,747 Total Funds Budgeted $ 4,952,234 Indirect DOAS Services Funding $ 130,000 State Funds Budgeted $ 3,383,670 Total Positions Budgeted 201 8. Certification of Public School Personnel Budget: Personal Services $ 325,504 Regular Operating Expenses $ 20,416 Travel $ 1,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,112 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 22,074 Telecommunications $ 9,816 Per Diem, Fees and Contracts $ 200 Total Funds Budgeted $ 387,322 State Funds Budgeted $ 374,919 Total Positions Budgeted 27 9. Planning and Development Budget: Personal Services $ 1,637,595 Regular Operating Expenses $ 78,104 Travel $ 105,687 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,145 Equipment Purchases $ 4,110 Computer Charges $ -0- Real Estate Rentals $ 78,923 Telecommunications $ 49,475 Per Diem, Fees and Contracts $ 1,249,300 Total Funds Budgeted $ 3,251,339 State Funds Budgeted $ 2,613,457 Total Positions Budgeted 85 10. Local Programs Budget: Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) $ 4,976,768 Direct Grants to School Systems for Capital Outlay Purposes $ 624,243 Cash Grants for Capital Outlay $ -0- Authority Lease Rentals $ 333,204 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 426,810,975 Salaries of Instructional Personnel (Sec. 5) $ 63,449,431 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 18,810,396 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 51,652,262 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 2,092,490 Instructional Media (Sec. 13) $ 16,856,794 Instructional Equipment (Sec. 14) $ 649,537 Maintenance and Operation (Sec. 15) $ 71,637,778 Sick and Personal Leave (Sec. 16) $ 5,263,253 Travel (Sec. 17) $ 736,142 Instructional Specialists (Sec. 12) $ -0- Pupil Transportation - Regular (Sec. 25) $ 44,190,644 Pupil Transportation - Special (Sec. 25) $ 5,365,988 Isolated Schools $ 232,895 Selective Pre-School Development $ 48,852,546 Mid-Term Adjustment $ 2,000,000 Non-APEG Grants: Education of Children of Low-Income Families $ 81,285,228 Driver Education $ -0- Teacher Retirement $ 59,017,304 Instructional Services for the Handicapped $ 20,183,144 Preparation of Professional Personnel in Education of Handicapped Children $ 117,904 Educational Training Services for the Mentally Retarded $ -0- Tuition for the Multihandicapped $ 622,000 Severely Emotionally Disturbed $ 9,767,899 Compensatory Education $ 12,746,747 Guidance, Counseling and Testing $ -0- School Library Resources and Other Materials $ 3,735,241 School Lunch (Federal) $ 109,097,600 School Lunch (State) $ 14,060,000 Supplementary Education Centers and Services $ 3,251,210 Staff Development $ 990,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 1,995,000 Cooperative Educational Service Agencies $ 2,740,868 Superintendents' Salaries $ 3,647,879 High School Program $ 20,597,992 Area Vocational-Technical Schools $ 37,929,092 Junior College Vocational Program $ 995,220 Quick Start Program $ 1,200,000 Comprehensive Employment and Training $ 3,595,000 Vocational Research and Curriculum $ -0- Adult Education $ 3,554,049 Salaries and Travel of Public Librarians $ 3,310,770 Public Library Materials $ 3,042,571 Talking Book Centers $ 578,243 Public Library Maintenance and Operation $ 1,817,508 Public Library Construction $ 1,250,000 Comprehensive Planning $ 300,000 Competency-Based High School Graduation Requirements $ 250,000 Vocational Special Disadvantaged $ 521,970 Instructional Aides $ -0- Teacher Health Insurance $ 31,095,658 Special Projects $ -0- Nutritional Education $ -0- Regional ITV Projects $ 100,000 Area Vocational Technical School Construction $ -0- Total Funds Budgeted $ 1,197,931,443 State Funds Budgeted $ 957,572,248 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 13,546,935 Regular Operating Expenses $ 2,707,514 Travel $ 788,928 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 544,200 Equipment Purchases $ 102,189 Computer Charges $ 636,185 Real Estate Rentals $ 642,403 Telecommunications $ 412,626 Per Diem, Fees and Contracts $ 4,754,646 Utilities $ 312,716 Capital Outlay $ -0- APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 426,810,975 Salaries of Instructional Personnel (Sec. 5) $ 63,449,431 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 18,810,396 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 51,652,262 Special Education Leadership Personnel (Sec. 21(c) (2)) $ 2,092,490 Instructional Media (Sec. 13) $ 16,856,794 Instructional Equipment (Sec. 14) $ 649,537 Maintenance and Operation (Sec. 15) $ 71,637,778 Sick and Personal Leave (Sec. 16) $ 5,263,253 Travel (Sec. 17) $ 736,142 Instructional Specialists $ -0- Pupil Transportation - Regular (Sec. 25) $ 44,190,644 Pupil Transportation - Special (Sec. 25) $ 5,365,988 Isolated Schools $ 232,895 Selective Pre-School Development $ 48,852,546 Mid-Term Adjustment $ 2,000,000 Non-APEG Grants: Education of Children of Low-Income Families $ 81,285,228 Driver Education $ -0- Teacher Retirement $ 59,017,304 Instructional Services for the Handicapped $ 20,183,144 Preparation of Professional Personnel in Education of Handicapped Children $ 117,904 Educational Training Services for the Mentally Retarded $ -0- Tuition for the Multihandicapped $ 622,000 Severely Emotionally Disturbed $ 9,767,899 Compensatory Education $ 12,746,747 High School Program $ 20,597,992 Vocational Research and Curriculum $ -0- Adult Education $ 3,554,049 Area Vocational Technical Schools $ 37,929,092 Junior College Vocational Program $ 995,220 Quick Start Program $ 1,200,000 Comprehensive Employment and Training $ 3,595,000 Guidance, Counseling and Testing $ -0- School Library Resources and Other Materials $ 3,735,241 Salaries and Travel of Public Librarians $ 3,310,770 Public Library Materials $ 3,042,571 Talking Book Centers $ 578,243 Public Library Maintenance and Operation $ 1,817,508 Public Library Construction $ 1,250,000 School Lunch (Federal) $ 109,097,600 School Lunch (State) $ 14,060,000 Supplementary Education Centers and Services $ 3,251,210 Staff Development $ 990,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 1,995,000 Cooperative Educational Service Agencies $ 2,740,868 Superintendents' Salaries $ 3,647,879 Comprehensive Planning $ 300,000 Competency-Based High School Graduation Requirements $ 250,000 Vocational Special Disadvantaged $ 521,970 Instructional Aides $ -0- Teacher Health Insurance $ 31,095,658 Special Projects $ -0- Regional ITV Projects $ 100,000 Nutritional Education $ -0- Area Vocational Technical School Construction $ -0- Grants to School Systems for Authority Lease Rental Payments to Georgia Education Authority (Schools) $ 4,976,768 Direct Grants to School Systems for Capital Outlay Purposes $ 624,243 Cash Grants for Capital Outlay $ -0- Authority Lease Rentals $ 333,204 Total Positions Budgeted 795 Authorized Motor Vehicles 17 B. Budget Unit: Institutions $ 9,968,986 1. Georgia Academy for the Blind Budget: Personal Services $ 1,704,159 Regular Operating Expenses $ 244,104 Travel $ 4,800 Motor Vehicle Equipment Purchases $ 35,590 Publications and Printing $ 3,000 Equipment Purchases $ 23,020 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,305 Per Diem, Fees and Contracts $ 10,350 Utilities $ 126,500 Capital Outlay $ 10,000 Total Funds Budgeted $ 2,175,828 State Funds Budgeted $ 1,902,971 Total Positions Budgeted 152 2. Georgia School for the Deaf Budget: Personal Services $ 3,202,145 Regular Operating Expenses $ 484,152 Travel $ 9,069 Motor Vehicle Equipment Purchases $ 7,403 Publications and Printing $ 200 Equipment Purchases $ 97,985 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,200 Per Diem, Fees and Contracts $ 45,513 Utilities $ 135,000 Capital Outlay $ -0- Authority Lease Rentals $ 23,400 Total Funds Budgeted $ 4,018,067 State Funds Budgeted $ 3,568,552 Total Positions Budgeted 273 3. Atlanta Area School for the Deaf Budget: Personal Services $ 1,177,812 Regular Operating Expenses $ 164,755 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,300 Equipment Purchases $ 52,650 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,492 Per Diem, Fees and Contracts $ 30,300 Utilities $ 62,443 Capital Outlay $ -0- Total Funds Budgeted $ 1,506,752 State Funds Budgeted $ 1,353,409 Total Positions Budgeted 83 4. North Georgia Vocational-Technical School Budget: Personal Services $ 1,650,890 Regular Operating Expenses $ 527,486 Travel $ 15,950 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,518 Equipment Purchases $ 68,397 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 9,093 Per Diem, Fees and Contracts $ 4,122 Utilities $ 179,000 Capital Outlay $ -0- Authority Lease Rentals $ 54,750 Total Funds Budgeted $ 2,515,206 State Funds Budgeted $ 1,677,911 Total Positions Budgeted 106 5. South Georgia Vocational-Technical School Budget: Personal Services $ 1,316,875 Regular Operating Expenses $ 404,257 Travel $ 12,540 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,360 Equipment Purchases $ 76,400 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 9,133 Per Diem, Fees and Contracts $ 4,110 Utilities $ 176,965 Capital Outlay $ -0- Authority Lease Rentals $ 49,315 Total Funds Budgeted $ 2,052,955 State Funds Budgeted $ 1,466,143 Total Positions Budgeted 94 Budget Unit Object Classes: Personal Services $ 9,051,881 Regular Operating Expenses $ 1,824,754 Travel $ 46,359 Motor Vehicle Equipment Purchases $ 42,993 Publications and Printing $ 14,378 Equipment Purchases $ 318,452 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 58,223 Per Diem, Fees and Contracts $ 94,395 Utilities $ 679,908 Capital Outlay $ 10,000 Authority Lease Rentals $ 127,465 Total Positions Budgeted 708 Authorized Motor Vehicles 61

"GA1979.1.1470">

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 and Teachers' Health Insurance 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 6 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 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. Provided, further, that for said selective pre-school development programs, each system shall be allotted instructional units on the

"GA1979.1.1471">

basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, provided, however, that each system shall be allotted at least one instructional unit; 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. Initial pre-school allotments for school year 1979-80 shall be based upon a current year fourth-month ADA (ADM for handicapped) for existing State units. Additional allotments shall be made based upon a spring 1979 kindergarten pre-enrollment by each local system. Said initial allotments may be adjusted by the actual fall 1979 average daily attendance if so warranted. Each instructional unit shall be funded on the basis of actual reimbursement for salary, retirement, and school lunch cost and $9,644 for operational cost incurred by continued units and $12,493 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 the State Board of Education shall make allotments for Sections 5, 7, 10, 12, 20, and 21 teachers on the basis of the index schedule used for fiscal year 1979, as modified by Section 48 of this Act. 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 $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Speech and Hearing School, and $30,000 is designated and committed for payment to the Houston County Board of Education for payment to Houston County Happy Hour School.

"GA1979.1.1472">

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 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 foreseable 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

"GA1979.1.1473">

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 allotted teaching unit has been filled. 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. It is 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 APEG Grants, $18,352,370 is designated and committed for adjusting the basis for allotment of instructional units under Section 10 to 1:20 for grades 1 - 2. Provided, however, that local school systems, in accordance with State Board policy, may use additional instructional units earned in grades 1 - 2 to employ either certificated or licensed instructional personnel in those grades. Funding for licensed instructional personnel shall include salaries as provided for in APEG Section 10b(2) and Section 15 (MO). Provided, that of the above appropriation for $990,000 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. The above appropriation for the Department of Education includes funds for cost-of-living [Illegible Text] as follows: for teachers and other instructional and support personnel, a 6 1/2% increase,

"GA1979.1.1474">

effective 9-1-79, with beginning teachers to receive the same salary as those with one year's experience; for school bus drivers, an increase of 12%, effective 7-1-79; for extended day/year vocational education teacher supplements, an increase of 7%, effective 9-1-79. In the event the official opening date of the 1979-1980 school year is not September 1, 1979, increases authorized in this Section for that date shall be made effective on the official opening date. Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System $ -0- Employees' Retirement System Budget: Personal Services $ 442,950 Regular Operating Expenses $ 42,968 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 2,300 Computer Charges $ 97,892 Telecommunications $ 8,050 Per Diem, Fees and Contracts $ 315,000 Total Funds Budgeted $ 927,160 State Funds Budgeted $ -0- Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 442,950 Regular Operating Expenses $ 42,968 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 2,300 Computer Charges $ 97,892 Telecommunications $ 8,050 Per Diem, Fees and Contracts $ 315,000 Total Positions Budgeted 28 Authorized Motor Vehicles 1 Section 21. Forestry Commission. Budget Unit: Forestry Commission $ 14,294,289 1. Reforestation Budget: Personal Services $ 517,000 Regular Operating Expenses $ 285,340 Travel $ 3,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 751 Equipment Purchases $ 7,000 Computer Charges $ 9,821 Real Estate Rentals $ -0- Telecommunications $ 8,505 Per Diem, Fees and Contracts $ 61,976 Capital Outlay $ -0- Total Funds Budgeted $ 894,193 State Funds Budgeted $ 242,693 Total Positions Budgeted 30 2. Field Services Budget: Personal Services $ 11,016,340 Regular Operating Expenses $ 1,754,398 Travel $ 80,000 Motor Vehicle Equipment Purchases $ 700,000 Publications and Printing $ 20,040 Equipment Purchases $ 1,100,480 Computer Charges $ 35,840 Real Estate Rentals $ 10,630 Telecommunications $ 383,280 Per Diem, Fees and Contracts $ 10,920 Ware County Grant $ 60,000 Capital Outlay $ 160,500 Total Funds Budgeted $ 15,332,428 State Funds Budgeted $ 12,476,474 Total Positions Budgeted 809 3. General Administration and Support Budget: Personal Services $ 511,000 Regular Operating Expenses $ 82,580 Travel $ 17,100 Motor Vehicle Equipment Purchases $ 4,830 Publications and Printing $ 47,212 Equipment Purchases $ 700 Computer Charges $ 61,506 Real Estate Rentals $ -0- Telecommunications $ 14,726 Per Diem, Fees and Contracts $ 5,066 Contractual Research $ 392,000 Herty Foundation $ -0- Total Funds Budgeted $ 1,136,720 State Funds Budgeted $ 1,075,122 Total Positions Budgeted 25 4. Wood Energy Budget: Wood Energy Program $ 500,000 Total Funds Budgeted $ 500,000 State Funds Budgeted $ 500,000 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 12,044,340 Regular Operating Expenses $ 2,122,318 Travel $ 100,900 Motor Vehicle Equipment Purchases $ 704,830 Publications and Printing $ 68,003 Equipment Purchases $ 1,108,180 Computer Charges $ 107,167 Real Estate Rentals $ 10,630 Telecommunications $ 406,511 Per Diem, Fees and Contracts $ 77,962 Contractual Research $ 392,000 Ware County Grant $ 60,000 Herty Foundation $ -0- Wood Energy Program $ 500,000 Capital Outlay $ 160,500 Total Positions Budgeted 866 Authorized Motor Vehicles 751

"GA1979.1.1476">

Provided, that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Cooperative Forest Protection, Cooperative Forest Management, Insect and Disease, Forest Incentive and Public Service Employment Programs in the Field Services Activity of this Act, the Office of Planning and Budget is authorized and directed to use the first $500,000 of such excess funds to supplant State Funds appropriated herein. Provided further that such supplantation shall not be implemented if so doing would cause any portion of the anticipated Federal Funds not to be realized. This provision shall not apply to project grants.

"GA1979.1.1477">

It is the intent of this General Assembly that the Forestry Commission have authority to control the application of the Contractual Research funds in the above appropriation. Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 11,008,779 1. General Administration Budget: Personal Services $ 399,000 Regular Operating Expenses $ 24,214 Travel $ 4,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,250 Equipment Purchases $ 2,550 Computer Charges $ -0- Real Estate Rentals $ 27,000 Telecommunications $ 16,100 Per Diem, Fees and Contracts $ -0- Postage $ 3,600 Total Funds Budgeted $ 479,614 State Funds Budgeted $ 479,614 Total Positions Budgeted 23 2. Investigative Division Budget: Personal Services $ 3,910,000 Regular Operating Expenses $ 481,485 Travel $ 253,000 Motor Vehicle Equipment Purchases $ 162,000 Publications and Printing $ 17,200 Equipment Purchases $ 10,500 Computer Charges $ 1,500 Real Estate Rentals $ 65,000 Telecommunications $ 142,000 Per Diem, Fees and Contracts $ -0- Evidence Purchased $ 140,000 Postage $ 6,900 Total Funds Budgeted $ 5,189,585 State Funds Budgeted $ 4,987,141 Total Positions Budgeted 181 3. Crime Laboratory Budget: Personal Services $ 1,531,000 Regular Operating Expenses $ 243,140 Travel $ 16,000 Motor Vehicle Equipment Purchases $ 30,000 Publications and Printing $ 4,000 Equipment Purchases $ 400,000 Computer Charges $ 115,000 Real Estate Rentals $ 13,200 Telecommunications $ 35,300 Per Diem, Fees and Contracts $ -0- Postage $ 13,000 Total Funds Budgeted $ 2,400,640 State Funds Budgeted $ 2,041,752 Total Positions Budgeted 81 4. Georgia Crime Information Center Budget: Personal Services $ 1,525,000 Regular Operating Expenses $ 101,534 Travel $ 10,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,964 Equipment Purchases $ -0- Computer Charges $ 1,489,124 Real Estate Rentals $ 3,000 Telecommunications $ 300,000 Per Diem, Fees and Contracts $ 3,200 Postage $ 17,000 Total Funds Budgeted $ 3,500,272 State Funds Budgeted $ 3,500,272 Total Positions Budgeted 103 Budget Unit Object Classes: Personal Services $ 7,365,000 Regular Operating Expenses $ 850,373 Travel $ 284,350 Motor Vehicle Equipment Purchases $ 192,000 Publications and Printing $ 74,414 Equipment Purchases $ 413,050 Computer Charges $ 1,605,624 Real Estate Rentals $ 108,200 Telecommunications $ 493,400 Per Diem, Fees and Contracts $ 3,200 Evidence Purchased $ 140,000 Postage $ 40,500 Total Positions Budgeted 388 Authorized Motor Vehicles 224

"GA1979.1.1479">

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 23. Georgia Franchise Practices Commission. Budget Unit: Georgia Franchise Practices Commission $ 53,710 Georgia Franchise Practices Commission Budget: Personal Services $ 33,360 Regular Operating Expenses $ 7,900 Travel $ 850 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 250 Computer Charges $ -0- Real Estate Rentals $ 2,850 Telecommunications $ 2,000 Per Diem, Fees and Contracts $ 5,000 Total Funds Budgeted $ 53,710 State Funds Budgeted $ 53,710 Total Positions Budgeted 2 Budget Unit Object Classes: Personal Services $ 33,360 Regular Operating Expenses $ 7,900 Travel $ 850 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 250 Computer Charges $ -0- Real Estate Rentals $ 2,850 Telecommunications $ 2,000 Per Diem, Fees and Contracts $ 5,000 Total Positions Budgeted 2 Authorized Motor Vehicles 0

"GA1979.1.1480">

Section 24. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission $ -0- Departmental Operations Budget: Personal Services $ 630,000 Regular Operating Expenses $ 74,500 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 1,750 Computer Charges $ 25,000 Real Estate Rentals $ 44,820 Telecommunications $ 14,000 Per Diem, Fees and Contracts $ 188,000 Total Funds Budgeted $ 996,670 State Funds Budgeted $ -0- Total Positions Budgeted 32 Budget Unit Object Classes: Personal Services $ 630,000 Regular Operating Expenses $ 74,500 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 1,750 Computer Charges $ 25,000 Real Estate Rentals $ 44,820 Telecommunications $ 14,000 Per Diem, Fees and Contracts $ 188,000 Total Positions Budgeted 32 Authorized Motor Vehicles 0

"GA1979.1.1481">

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, 1980, 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 25. Office of the Governor. A. Budget Unit: Governor's Office $ 3,507,995 1. Governor's Office Budget: Cost of Operations $ 1,199,831 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 77,298 Total Funds Budgeted $ 3,317,129 State Funds Budgeted $ 3,317,129 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. Office of Fair Employment Practices Budget: Personal Services $ 286,100 Regular Operating Expenses $ 14,220 Travel $ 18,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,600 Equipment Purchases $ 4,000 Computer Charges $ -0- Real Estate Rentals $ 15,627 Telecommunications $ 9,440 Per Diem, Fees and Contracts $ 74,474 Total Funds Budgeted $ 425,261 State Funds Budgeted $ 190,866 Total Positions Budgeted 14 Budget Unit Object Classes: Cost of Operations $ 1,199,831 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 77,298 Personal Services $ 286,100 Regular Operating Expenses $ 14,220 Travel $ 18,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,600 Equipment Purchases $ 4,000 Computer Charges $ -0- Real Estate Rentals $ 15,627 Telecommunications $ 9,440 Per Diem, Fees and Contracts $ 74,474 Total Positions Budgeted 14 Authorized Motor Vehicles 1 B. Budget Unit: Office of Planning and Budget $ 4,242,527 1. General Administration and Support Budget: Personal Services $ 312,000 Regular Operating Expenses $ 22,306 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ 136,165 Telecommunications $ 7,000 Per Diem, Fees and Contracts $ 11,000 Payments to Regional Commissions $ 143,583 Total Funds Budgeted $ 662,554 State Funds Budgeted $ 662,554 Total Positions Budgeted 14 2. Council of the Arts Budget: Personal Services $ 101,000 Regular Operating Expenses $ 8,230 Travel $ 4,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,300 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 14,045 Telecommunications $ 6,300 Per Diem, Fees and Contracts $ 9,480 Art Grants $ 1,529,705 Total Funds Budgeted $ 1,675,160 State Funds Budgeted $ 896,160 Total Positions Budgeted 5 3. Educational Development Budget: Personal Services $ 205,154 Regular Operating Expenses $ 6,391 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 300 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,269 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 222,114 State Funds Budgeted $ 207,114 Total Positions Budgeted 9 4. Intergovernmental Relations Budget: Personal Services $ 157,629 Regular Operating Expenses $ 9,873 Travel $ 18,902 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ 64 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,857 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 193,625 State Funds Budgeted $ 193,625 Total Positions Budgeted 7 5. Management Review Budget: Personal Services $ 430,000 Regular Operating Expenses $ 15,560 Travel $ 6,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ 12,000 Real Estate Rentals $ -0- Telecommunications $ 9,000 Per Diem, Fees and Contracts $ 300 Total Funds Budgeted $ 472,960 State Funds Budgeted $ 427,681 Total Positions Budgeted 21 6. Human Development Budget: Personal Services $ 233,799 Regular Operating Expenses $ 5,400 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,500 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 247,699 State Funds Budgeted $ 227,699 Total Positions Budgeted 9 7. Office of Consumer Affairs: Personal Services $ 721,000 Regular Operating Expenses $ 48,250 Travel $ 14,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 2,325 Computer Charges $ 18,000 Real Estate Rentals $ 52,447 Telecommunications $ 100,000 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 963,022 State Funds Budgeted $ 684,094 Total Positions Budgeted 50 8. State Energy Office Budget: Personal Services $ 210,000 Regular Operating Expenses $ 13,988 Travel $ 15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,500 Equipment Purchases $ 600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,300 Per Diem, Fees and Contracts $ 23,500 Total Funds Budgeted $ 289,888 State Funds Budgeted $ 158,255 Total Positions Budgeted 12 9. Governor's Committee on Post-Secondary Education Budget: Personal Services $ 90,416 Regular Operating Expenses $ 5,988 Travel $ 3,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,725 Equipment Purchases $ -0- Computer Charges $ 5,000 Real Estate Rentals $ 7,350 Telecommunications $ 3,045 Per Diem, Fees and Contracts $ 11,650 Total Funds Budgeted $ 131,474 State Funds Budgeted $ 55,294 Total Positions Budgeted 4 10. Facilities Management Budget: Personal Services $ 82,081 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 $ 90,411 State Funds Budgeted $ 90,411 Total Positions Budgeted 3 11. Physical and Economic Development Budget: Personal Services $ 543,000 Regular Operating Expenses $ 25,500 Travel $ 37,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 2,000 Computer Charges $ 14,000 Real Estate Rentals $ -0- Telecommunications $ 15,600 Per Diem, Fees and Contracts $ 80,000 Total Funds Budgeted $ 725,600 State Funds Budgeted $ 264,580 Total Positions Budgeted 24 12. General Government and Protection of Persons and Property Budget: Personal Services $ 275,753 Regular Operating Expenses $ 8,793 Travel $ 6,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,250 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,700 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 297,896 State Funds Budgeted $ 272,896 Total Positions Budgeted 11 13. Consumer's Utility Counsel Budget: Personal Services $ 247,400 Regular Operating Expenses $ 10,800 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 600 Equipment Purchases $ 492 Computer Charges $ -0- Real Estate Rentals $ 10,872 Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 20,000 Total Funds Budgeted $ 302,164 State Funds Budgeted $ 102,164 Total Positions Budgeted 14 Budget Unit Object Classes: Personal Services $ 3,609,232 Regular Operating Expenses $ 183,309 Travel $ 135,802 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 53,425 Equipment Purchases $ 8,031 Computer Charges $ 49,000 Real Estate Rentals $ 220,879 Telecommunications $ 182,671 Per Diem, Fees and Contracts $ 158,930 Art Grants $ 1,529,705 Payments to Regional Commissions $ 143,583 Total Positions Budgeted 183 Authorized Motor Vehicles 0

"GA1979.1.1487">

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

"GA1979.1.1488">

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 $ 138,868,444 1. General Administration and Support Budget: Personal Services $ 8,816,880 Regular Operating Expenses $ 671,184 Travel $ 410,885 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 122,510 Equipment Purchases $ 18,350 Computer Charges $ 1,260,760 Real Estate Rentals $ 1,288,637 Telecommunications $ 346,530 Per Diem, Fees and Contracts $ 1,505,875 Utilities $ 59,500 Postage $ 488,310 Institutional Repairs and Maintenance $ 500,000 Capital Outlay $ 47,745 Total Funds Budgeted $ 15,537,166 Indirect DOAS Services Funding $ 1,250,000 Indirect GBA Funding $ 800,000 Agency Funds $ 5,736,788 Title XX Funds $ 2,462,986 State Funds Budgeted $ 5,287,392 Total Positions Budgeted 549 Authorized Motor Vehicles 7

"GA1979.1.1489">

General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office $ 511,875 $ 511,875 18 District Programs-Director's Office $ 329,470 $ 329,470 12 Planning and Evaluation $ 378,240 $ 378,240 21 Child Support Recovery $ 1,848,572 $ 474,763 100 Contract Management $ 145,600 $ 145,000 7 Public Relations and Information $ 265,013 $ 265,013 12 Special Administrative Services $ 809,028 $ 809,028 29 Administrative Policy, Coordination and Direction $ 95,389 $ 95,389 3 Personnel $ 1,200,628 $ 1,160,028 72 Administrative Support Services $ 1,589,206 $ 1,215,483 60 Systems Planning, Development and Training $ 173,137 $ 158,137 8 Title XX Administration $ 2,022,356 $ 186,424 48 Electronic Data Processing, Planning and Coordination $ 1,280,760 $ -0- 0 Facilities Management $ 1,634,892 $ 834,892 5 Regulatory Services $ 3,253,000 $ 1,423,050 154 Indirect Cost $ -0- $ (2,700,000) 0 Undistributed $ -0- $ -0- 0 Total $ 15,537,166 $ 5,287,392 549

"GA1979.1.1490">

2. Financial Management Budget: Personal Services $ 3,300,249 Regular Operating Expenses $ 106,812 Travel $ 124,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 2,000 Telecommunications $ 1,000 Per Diem, Fees and Contracts $ 130,000 Utilities $ 100 Postage $ 100 Total Funds Budgeted $ 3,680,361 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,550,000 State Funds Budgeted $ 2,130,361 Total Positions Budgeted 209 Authorized Motor Vehicles 0 Financial Management Functional Budgets Total Funds State Funds Pos. Budget Administration $ 605,462 $ 605,462 23 Accounting Services $ 1,932,479 $ 1,932,479 128 Auditing Services $ 1,142,420 $ 1,092,420 58 Indirect Cost $ -0- $ (1,500,000) 0 Undistributed $ -0- $ -0- 0 Total $ 3,680,361 $ 2,130,361 209

"GA1979.1.1491">

3. Special Programs: Personal Services $ 729,432 Regular Operating Expenses $ 42,270 Travel $ 31,310 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,200 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 84,687 Telecommunications $ 29,200 Per Diem, Fees and Contracts $ 3,395,250 Grant to Parent-Child Center $ 12,000 Utilities $ -0- Postage $ 3,000 Benefits for Child Care $ 504,000 Total Funds Budgeted $ 4,845,349 Indirect DOAS Services Funding $ -0- Agency Funds $ 3,755,084 State Funds Budgeted $ 1,090,265 Total Positions Budgeted 40 Authorized Motor Vehicles 0 Special Programs Functional Budgets Total Funds State Funds Pos. State Economic Opportunity Office $ 3,451,793 $ 74,931 18 Mental Health/Mental Retardation Advisory Council $ 69,037 $ 69,037 2 Council on Family Planning $ 62,100 $ 6,210 2 Council on Aging $ 48,217 $ 48,217 1 Special Projects $ 212,000 $ 212,000 0 Developmental Disabilities $ 106,020 $ -0- 3 Council on Maternal and Infant Health $ 62,616 $ 62,616 2 Appalachian Health and Child Development $ 329,566 $ 113,254 12 Specialized Institutional Foster Care $ 504,000 $ 504,000 0 Undistributed $ -0- $ -0- 0 Total $ 4,845,349 $ 1,090,265 40

"GA1979.1.1492">

4. Physical Health - Program Direction and Support Budget: Personal Services $ 1,367,679 Regular Operating Expenses $ 124,514 Travel $ 41,150 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 40,520 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ 6,240 Telecommunications $ 149,700 Per Diem, Fees and Contracts $ 211,700 Utilities $ -0- Postage $ 700 Total Funds Budgeted $ 1,943,203 Indirect DOAS Services Funding $ 145,000 Agency Funds $ 451,800 State Funds Budgeted $ 1,346,403 Total Positions Budgeted 95 Authorized Motor Vehicles 0 Physical Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 327,624 $ 182,624 5 Employee's Health $ 160,991 $ 77,991 9 Primary Health Care $ 444,734 $ 125,934 10 Office of Professional Services $ -0- $ -0- 0 Health Program Management $ 209,766 $ 198,766 12 Vital Records $ 687,235 $ 687,235 52 Health Services Research $ 112,853 $ 73,853 7 Undistributed $ -0- $ -0- 0 Total $ 1,943,203 $ 1,346,403 95

"GA1979.1.1493">

5. Physical Health - Family Health Budget: Personal Services $ 3,287,006 Regular Operating Expenses $ 854,405 Travel $ 140,694 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 49,493 Equipment Purchases $ 23,618 Computer Charges $ 159,000 Real Estate Rentals $ 277,364 Telecommunications $ 47,300 Per Diem, Fees and Contracts $ 5,352,455 Utilities $ -0- Postage $ 10,205 Regional Grants for Prenatal and Postnatal Care Programs $ 2,989,000 Crippled Children Benefits $ 4,030,020 Kidney Disease Benefits $ 500,000 Cancer Control Benefits $ 1,632,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 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 $ 170,000 Family Planning Benefits $ 226,530 Total Funds Budgeted $ 19,914,090 Indirect DOAS Services Funding $ -0- Agency Funds $ 9,245,482 State Funds Budgeted $ 10,668,608 Total Positions Budgeted 209 Authorized Motor Vehicles 5

"GA1979.1.1494">

Physical Health - Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management $ 5,210,374 $ 255,374 20 Birth Defects $ 6,194,132 $ 3,390,932 102 Maternal Health $ 189,345 $ 189,345 7 Infant and Child Health $ 3,579,817 $ 3,491,220 16 Chronic Disease $ 3,729,292 $ 3,229,292 41 Malnutrition $ 222,751 $ -0- 7 Family Planning $ 695,483 $ 19,549 12 Dental Health $ 92,896 $ 92,896 4 Undistributed $ -0- $ -0- 0 Total $ 19,914,090 $ 10,668,608 209

"GA1979.1.1495">

6. Physical Health - Community Health Budget: Personal Services $ 3,776,180 Regular Operating Expenses $ 1,263,229 Travel $ 159,425 Motor Vehicle Equipment Purchases $ 10,894 Publications and Printing $ 72,250 Equipment Purchases $ 27,348 Computer Charges $ -0- Real Estate Rentals $ 82,130 Telecommunications $ 11,300 Per Diem, Fees and Contracts $ 530,120 Utilities $ -0- Postage $ 23,950 Facilities Construction Grants $ -0- Total Funds Budgeted $ 5,956,826 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,392,707 State Funds Budgeted $ 4,564,119 Total Positions Budgeted 240 Authorized Motor Vehicles 5 Physical Health - Community Health Functional Budgets Total Funds State Funds Pos. Environmental Health-Director's Office $ 121,345 $ 81,345 3 Radiological Health $ 297,912 $ 297,912 13 Occupational Health $ 185,658 $ 185,658 9 Epidemiology $ 603,664 $ 603,664 6 Immunization $ 438,107 $ -0- 23 Venereal Disease $ 174,722 $ 174,722 6 Tuberculosis Control $ 846,334 $ 669,334 25 Laboratory Services $ 2,522,235 $ 2,130,635 138 Emergency Health $ 766,849 $ 420,849 17 Undistributed $ -0- $ -0- 0 Total $ 5,956,826 $ 4,564,119 240

"GA1979.1.1496">

7. Physical Health - Local Services Budget: Personal Services $ 8,805,487 Regular Operating Expenses $ 10,916,242 Travel $ 450,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,700 Equipment Purchases $ 35,290 Computer Charges $ -0- Real Estate Rentals $ 83,711 Telecommunications $ 87,100 Per Diem, Fees and Contracts $ 3,690,324 Utilities $ 7,980 Postage $ 17,750 Family Planning Benefits $ 75,000 Midwifery Program Benefits $ 175,000 Grants to Counties for Teenage Pregnancy Prevention $ 250,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,451,480 Grant for DeKalb County Mental Retardation Project $ 110,912 Grant for Chatham County Mental Retardation Project $ 119,261 Grant-In-Aid to Counties $ 16,572,627 Total Funds Budgeted $ 44,874,664 Indirect DOAS Services Funding $ 80,000 Agency Funds $ 20,924,096 Title XX Funds $ 1,100,000 State Funds Budgeted $ 22,770,568 Total Positions Budgeted 558 Authorized Motor Vehicles 2

"GA1979.1.1497">

Physical Health - Local Services Functional Budgets Total Funds State Funds Pos. Minimum Foundation $ 5,465,814 $ 5,263,495 241 Grant-In-Aid to Counties $ 14,448,000 $ 11,389,500 0 Stroke and Heart Attack Prevention $ 686,014 $ 430,014 25 Family Planning $ 4,734,672 $ 437,672 196 Sickle Cell, Vision and Hearing $ 292,641 $ 292,641 15 Sexually Transmitted Diseases $ 773,671 $ 93,671 26 High Risk Pregnant Women and Their Infants $ 3,851,795 $ 3,778,795 19 Newborn Follow-Up Care $ 208,236 $ 208,236 12 District Dental $ 626,544 $ 626,544 17 Teenage Pregnancy Prevention $ 250,000 $ 250,000 0 Mental Retardation Projects $ 230,173 $ -0- 0 Malnutrition $ 13,307,104 $ -0- 7 Undistributed $ -0- $ -0- 0 Total $ 44,874,664 $ 22,770,568 558

"GA1979.1.1498">

8. Mental Health - Program Direction and Support Budget: Personal Services $ 2,387,048 Regular Operating Expenses $ 115,540 Travel $ 130,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,600 Equipment Purchases $ -0- Computer Charges $ 440,000 Real Estate Rentals $ 84,748 Telecommunications $ 108,000 Per Diem, Fees and Contracts $ 454,860 Utilities $ 2,500 Postage $ 3,700 Total Funds Budgeted $ 3,774,996 Indirect DOAS Services Funding $ 545,000 Agency Funds $ 1,153,000 State Funds Budgeted $ 2,076,996 Total Positions Budgeted 131 9. Title XX Administration: Personal Services $ 1,073,253 Regular Operating Expenses $ 29,894 Travel $ 46,150 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 94,208 Telecommunications $ 29,510 Per Diem, Fees and Contracts $ 27,064,600 Utilities $ -0- Postage $ -0- Total Funds Budgeted $ 28,343,615 Agency Funds $ 9,315,054 Indirect DOAS Services Funding $ -0- Title XX Funds $ 15,231,661 State Funds Budgeted $ 3,796,900 Total Positions Budgeted 58

"GA1979.1.1499">

Title XX Administration Functional Budgets Total Funds State Funds Pos. Contract Management $ 1,379,015 $ -0- 58 Day Care $ 20,007,382 $ 2,786,560 0 Foster Care for Children $ 267,605 $ 16,774 0 Chore/Homemaker $ 1,188,546 $ 219,046 0 Adult Day Care $ 551,308 $ 121,645 0 Home Delivered and Congregate Meals $ 1,373,363 $ 195,795 0 Home Management $ 1,122,361 $ 202,861 0 Outreach $ 620,987 $ 74,617 0 Transportation $ 1,014,995 $ 125,695 0 Information and Referral $ 317,407 $ 53,907 0 Health Related $ 500,646 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 28,343,615 $ 3,796,900 58 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 $ 200,000 Utilities $ -0- Postage $ -0- W.I.N. Benefits $ 800,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 7,947,563 Homemaker Meals $ 151,400 Chatham County Homemaker Project $ 366,330 Douglas County Homemaker Project $ 94,700 Fulton County Homemaker Project $ 205,735 Total Funds Budgeted $ 9,895,728 Agency Funds $ 4,395,825 Title XX Funds $ 1,342,374 State Funds Budgeted $ 4,157,529 Total Positions Budgeted 0

"GA1979.1.1500">

Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Work Incentive Benefits $ 800,000 $ 80,000 0 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 $ 130,000 0 Legal Services $ 200,000 $ 50,000 0 AFDC-Family Foster Care $ 2,232,796 $ 747,428 0 AFDC-Institutional Foster Car $ 740,804 $ 247,986 0 Specialized Foster Care $ 100,000 $ 25,000 0 Child Welfare - Family Foster Care $ 3,500,310 $ 2,007,212 0 Adoption Supplement $ 90,000 $ 90,000 0 Non-AFDC Institutional Foster Care $ 140,000 $ 140,000 0 Liability Insurance $ 16,000 $ 16,000 0 Emergency Shelter Care $ 80,000 $ 20,000 0 Day Care $ 692,653 $ 342,653 0 Psychiatric, Psychological and Speech therapy $ 120,000 $ 30,000 0 Maternity Care $ 230,000 $ 230,000 0 Return of Runaways-County $ 5,000 $ 1,250 0 Homemaker Projects $ 818,165 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 9,895,728 $ 4,157,529 0

"GA1979.1.1501">

11. Community Youth Services Administration: Personal Services $ 453,739 Regular Operating Expenses $ 14,248 Travel $ 16,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,550 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 23,872 Telecommunications $ 16,500 Per Diem, Fees and Contracts $ 2,500 Utilities $ -0- Postage $ -0- Benefits for Child Care $ -0- Total Funds Budgeted $ 529,409 Indirect DOAS Services Funding $ -0- Agency Funds $ -0- State Funds Budgeted $ 529,409 Total Positions Budgeted 24 Authorized Motor Vehicles 0 12. Services to the Aged Budget: Personal Services $ 506,765 Regular Operating Expenses $ 11,604 Travel $ 31,040 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 10,450 Computer Charges $ -0- Real Estate Rentals $ 37,856 Telecommunications $ 17,500 Per Diem, Fees and Contracts $ 1,261,875 Utilities $ -0- Postage $ 1,265 Areawide and Community Grants $ 3,815,791 Nutrition Grants $ 10,365,000 Total Funds Budgeted $ 16,061,646 Indirect DOAS Services Funding $ -0- Agency Funds $ 15,578,646 State Funds Budgeted $ 483,000 Total Positions Budgeted 28

"GA1979.1.1502">

Services to the Aged Functional Budgets Total Funds State Funds Pos. Administration and Planning $ 1,880,855 $ 218,000 28 Nutrition Grants $ 10,365,00 $ 265,000 0 Areawide Grants $ 3,815,791 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 16,061,646 $ 483,000 28 13. Vocational Rehabilitation - Program Direction and Support Budget: Personal Services $ 821,845 Regular Operating Expenses $ 66,355 Travel $ 36,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,200 Equipment Purchases $ -0- Computer Charges $ 304,400 Real Estate Rentals $ -0- Telecommunications $ 24,975 Per Diem, Fees and Contracts $ 278,960 Utilities $ -0- Postage $ 1,100 Case Services $ 135,000 Grants for Nephrology Centers $ 185,000 Total Funds Budgeted $ 1,875,835 Indirect DOAS Services Funding $ 25,000 Agency Funds $ 1,528,975 State Funds Budgeted $ 321,860 Total Positions Budgeted 42

"GA1979.1.1503">

Vocational Rehabilitation - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 1,228,555 $ 66,711 36 Grants Management $ 647,280 $ 255,149 6 Undistributed $ -0- $ -0- 0 Total $ 1,875,835 $ 321,860 42 14. Vocational Rehabilitation - Facilities Budget: Personal Services $ 3,057,498 Regular Operating Expenses $ 162,070 Travel $ 35,106 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 2,000 Equipment Purchases $ 900 Computer Charges $ -0- Real Estate Rentals $ 92,700 Telecommunications $ 50,898 Per Diem, Fees and Contracts $ 103,080 Utilities $ 52,690 Postage $ 3,135 Capital Outlay $ -0- Case Services $ -0- Total Funds Budgeted $ 3,566,577 Indirect DOAS Services Funding $ -0- Agency Funds $ 2,567,722 Title XX Funds $ 268,000 State Funds Budgeted $ 730,855 Total Positions Budgeted 194 Authorized Motor Vehicles 14

"GA1979.1.1504">

Vocational Rehabilitation - Facilities Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 322,655 $ 64,531 13 Atlanta Rehabilitation Center $ 1,212,398 $ 260,019 60 Alto Rehabilitation Center $ 213,678 $ 42,736 12 Cave Spring Rehabilitation Center $ 251,168 $ 50,234 16 Yarbrough Rehabilitation Center $ 1,229,471 $ 245,894 69 Georgia Vocational Adjustment Center - Gracewood $ 337,207 $ 67,441 24 Undistributed $ -0- $ -0- 0 Total $ 3,566,577 $ 730,855 194 15. Roosevelt Warm Springs Rehabilitation Services - Hospital Services: Personal Services $ 3,709,622 Regular Operating Expenses $ 789,376 Travel $ 22,540 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,600 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 100,000 Per Diem, Fees and Contracts $ 444,260 Utilities $ 357,000 Postage $ 6,000 Case Services $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 5,431,398 Indirect DOAS Services Funding $ 100,000 Agency Funds $ 4,853,783 State Funds Budgeted $ 477,615 Total Positions Budgeted 322 Authorized Motor Vehicles 13 16. Georgia Factory for the Blind Budget: Personal Services $ 1,472,289 Regular Operating Expenses $ 3,115,790 Travel $ 22,240 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,215 Equipment Purchases $ 9,800 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 16,970 Per Diem, Fees and Contracts $ 50,670 Utilities $ 58,878 Postage $ 2,800 Total Funds Budgeted $ 4,752,652 Agency Funds $ 4,460,678 State Funds Budgeted $ 291,974 Total Positions Budgeted 24 Authorized Motor Vehicles 13

"GA1979.1.1505">

Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 4,384,341 $ -0- 0 Supervision $ 272,890 $ 272,890 19 Vocational Rehabilitation Unit $ 95,421 $ 19,084 5 Undistributed $ -0- $ -0- 0 Total $ 4,752,652 $ 291,974 24

"GA1979.1.1506">

17. Vocational Rehabilitation - Services Budget: Personal Services $ 10,734,819 Regular Operating Expenses $ 365,171 Travel $ 381,606 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 544,045 Telecommunications $ 290,000 Per Diem, Fees and Contracts $ 145,860 Utilities $ 72,350 Postage $ 64,020 Contract for Epilepsy $ 50,000 Case Services $ 14,451,760 Total Funds Budgeted $ 27,104,131 Indirect DOAS Services Funding $ 200,000 Agency Funds $ 22,378,923 State Funds Budgeted $ 4,525,208 Total Positions Budgeted 697 Authorized Motor Vehicles 3 18. Roosevelt Warm Springs Rehabilitation Services - Rehabilitative Services Budget: Personal Services $ 1,415,897 Regular Operating Expenses $ 192,976 Travel $ 8,200 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 1,400 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 48,268 Per Diem, Fees and Contracts $ 428,371 Utilities $ 159,250 Postage $ 4,000 Case Services $ 85,000 Total Funds Budgeted $ 2,351,362 Agency Funds $ 2,181,090 State Funds Budgeted $ 170,272 Total Positions Budgeted 107 Authorized Motor Vehicles 13 19. Vocational Rehabilitation - Disability Adjudication Budget: Personal Services $ 4,756,598 Regular Operating Expenses $ 216,567 Travel $ 34,725 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 46,555 Equipment Purchases $ 132,000 Computer Charges $ -0- Real Estate Rentals $ 303,928 Telecommunications $ 310,000 Per Diem, Fees and Contracts $ 211,120 Utilities $ -0- Postage $ 114,000 Case Services $ 3,298,462 Total Funds Budgeted $ 9,423,955 Agency Funds $ 9,423,955 State Funds Budgeted $ -0- Total Positions Budgeted 307 20. Public Assistance Budget: Personal Services $ -0- Regular Operating Expenses $ 76,000 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- SSI-Supplement Benefits $ 176,000 AFDC Benefits $ 117,558,267 Total Funds Budgeted $ 117,810,267 Agency Funds $ 78,231,603 State Funds Budgeted $ 39,578,664 Total Positions Budgeted 0

"GA1979.1.1508">

Public Assistance Functional Budgets Total Funds State Funds Pos. Refugee Benefits $ 76,000 $ 19,000 0 AFDC Payments $ 117,558,267 $ 39,383,664 0 SSI - Supplement Benefits $ 176,000 $ 176,000 0 Undistributed $ -0- $ -0- 0 Total $ 117,810,267 $ 39,578,664 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 $ 36,766,422 Grants to Counties for Social Services $ 33,474,378 Total Funds Budgeted $ 70,240,800 Agency Funds $ 20,202,011 Title XX Funds $ 20,267,129 State Funds Budgeted $ 29,771,660 Total Positions Budgeted 0

"GA1979.1.1509">

Local Services - Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services - Benefits Payments Grants $ 36,766,422 $ 18,383,211 0 Grants to Counties for Social Services $ 33,474,378 $ 11,388,449 0 Undistributed $ -0- $ -0- 0 Total $ 70,240,800 $ 29,771,660 0 22. Family and Children Services - Program Direction and Support Budget: Personal Services $ 5,496,021 Regular Operating Expenses $ 193,413 Travel $ 302,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 389,230 Equipment Purchases $ -0- Computer Charges $ 1,502,000 Real Estate Rentals $ 303,363 Telecommunications $ 209,790 Per Diem, Fees and Contracts $ 3,070,130 Utilities $ 6,025 Postage $ 210,500 Total Funds Budgeted $ 11,683,172 Agency Funds $ 6,313,511 Indirect DOAS Services Funding $ 662,000 Title XX Funds $ 880,990 State Funds Budgeted $ 3,826,671 Total Positions Budgeted 322

"GA1979.1.1510">

Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 551,480 $ 194,915 12 Standards and Procedures $ 400,135 $ 178,541 9 Training $ 693,181 $ 103,978 13 Management Development $ 1,543,081 $ 733,016 77 Administrative Support $ 2,648,572 $ 680,022 18 Food Stamp $ 2,399,132 $ 285,710 22 District Program Operations $ 2,045,225 $ 940,801 102 Special Services $ 1,010,291 $ 525,048 46 Eligibility Determination $ 392,075 $ 184,640 23 Undistributed $ -0- $ -0- 0 Total $ 11,683,172 $ 3,826,671 322 23. Family and Children Services - District Administration Budget: Personal Services $ 490,779 Regular Operating Expenses $ 20,942 Travel $ 28,308 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 21,500 Telecommunications $ 15,000 Per Diem, Fees and Contracts $ -0- Postage $ 4,000 Total Funds Budgeted $ 580,529 Agency Funds $ 181,964 Title XX Funds $ 126,450 State Funds Budgeted $ 272,115 Total Positions Budgeted 19 Budget Unit Object Classes: Personal Services $ 66,459,086 Regular Operating Expenses $ 19,348,602 Travel $ 2,452,979 Motor Vehicle Equipment Purchases $ 25,394 Publications and Printing $ 872,023 Equipment Purchases $ 258,756 Computer Charges $ 3,666,160 Real Estate Rentals $ 3,330,989 Telecommunications $ 1,909,541 Per Diem, Fees and Contracts $ 48,532,010 Utilities $ 776,273 Postage $ 958,535 Capital Outlay $ 47,745 Grants for Regional Prenatal and Postnatal Care Programs $ 2,989,000 Crippled Children Benefits $ 4,030,020 Kidney Disease Benefits $ 500,000 Cancer Control Benefits $ 1,632,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,476,480 Family Planning Benefits $ 301,530 Benefits for Midwifery Program $ 175,000 Facilities Construction Grants $ -0- Grants for DeKalb County Mental Retardation Project $ 110,912 Grants for Chatham County Mental Retardation Project $ 119,261 Grant-In-Aid to Counties $ 16,572,627 Work Incentive Benefits $ 800,000 Grants to Fulton County for 24-hour Emergency Social Services $ 130,000 Benefits for Child Care $ 8,451,563 Homemaker Meals $ 151,400 Chatham County Homemaker Project $ 366,330 Douglas County Homemaker Project $ 94,700 Fulton County Homemaker Project $ 205,735 Areawide and Community Grants $ 3,815,791 Nutrition Grants $ 10,365,000 Grants for Nephrology Centers $ 185,000 Case Services $ 17,970,222 SSI-Supplement Benefits $ 176,000 AFDC Benefits $ 117,558,267 Local Services Benefits Payments Grants $ 36,766,422 Grants to Counties for Social Services $ 33,474,378 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Institutional Repairs and Maintenance $ 500,000 Grant to Parent-Child Center $ 12,000 Contract with Emory University for Arthritis Research $ 170,000 Grant for Epilepsy Program $ 50,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 40,000 Grant for Teenage Pregnancy Prevention Program $ 250,000 Total Positions Budgeted 4,175

"GA1979.1.1512">

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. 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.

"GA1979.1.1513">

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 $39,383,664 in State funds for the purpose of making AFDC benefit payments. Provided that for Fiscal 1980, the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 106 $ 80 2 161 121 3 193 145 4 227 170 5 260 195 6 282 212 7 305 229 8 324 243 9 341 256 10 365 274 11 390 293 Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 75% of the above standard of needs. Provided, that of the above appropriation, $88,000 is designated and committed to operate the Rome Cerebral Palsy 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.

"GA1979.1.1514">

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 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. Provided, further, that the Department of Human Resources is authorized to make monthly advances to Child Care Day Care Centers from funds authorized for this purpose. Provided further, it is the intent of this General Assembly that AFDC Benefit payments from funds appropriated herein shall be made from the date of certification and not from the date of application. Provided, of the above appropriation relating to Special Programs, $200,000 is designated and committed for the Georgia Advocacy Program. Provided further, the Department of Human Resources is authorized to make payments (not to exceed $5,000) to the Georgia Building Authority for the purpose of maintaining the grounds at the Roosevelt Warm Springs Hospital.

"GA1979.1.1515">

B. Budget Unit: State Health Planning and Development $ 376,400 State Health Planning and Development Budget: Personal Services $ 602,625 Regular Operating Expenses $ 15,072 Travel $ 16,650 Publications and Printing $ 3,000 Equipment Purchases $ 9,000 Computer Charges $ -0- Real Estate Rentals $ 37,800 Telecommunications $ 12,800 Per Diem, Fees and Contracts $ 73,320 Postage $ 8,000 Total Funds Budgeted $ 778,267 Indirect DOAS Services Funding $ -0- Agency Funds $ 401,867 State Funds Budgeted $ 376,400 Total Positions Budgeted 33 Authorized Motor Vehicles 0 Budget Unit Object Classes: Personal Services $ 602,625 Regular Operating Expenses $ 15,072 Travel $ 16,650 Publications and Printing $ 3,000 Equipment Purchases $ 9,000 Computer Charges $ -0- Real Estate Rentals $ 37,800 Telecommunications $ 12,800 Per Diem, Fees and Contracts $ 73,320 Postage $ 8,000 Total Positions Budgeted 33 Authorized Motor Vehicles 0 There is hereby appropriated $376,400 in State funds for this budget unit including such amounts as may be transferred from other sections of this Act for salary increases and health insurance.

"GA1979.1.1516">

C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 178,195,082 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 5,785,024 Regular Operating Expenses $ 800,766 Travel $ 10,300 Motor Vehicle Equipment Purchases $ 54,250 Publications and Printing $ 2,500 Equipment Purchases $ 47,749 Computer Charges $ 60,000 Real Estate Rentals $ -0- Telecommunications $ 72,500 Per Diem, Fees and Contracts $ 196,096 Utilities $ 234,000 Postage $ 7,600 Authority Lease Rentals $ 387,000 Capital Outlay $ -0- Total Funds Budgeted $ 7,657,785 Agency Funds $ 1,226,000 Indirect DOAS Services Funding $ 60,000 State Funds Budgeted $ 6,371,785 Total Positions Budgeted 484 Authorized Motor Vehicles 23 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 7,471,519 Regular Operating Expenses $ 1,002,476 Travel $ 14,100 Motor Vehicle Equipment Purchases $ 48,440 Publications and Printing $ 4,500 Equipment Purchases $ 66,685 Computer Charges $ 110,000 Real Estate Rentals $ -0- Telecommunications $ 95,000 Per Diem, Fees and Contracts $ 128,850 Utilities $ 300,000 Postage $ 9,000 Capital Outlay $ 375,603 Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 10,139,173 Agency Funds $ 1,279,400 Indirect DOAS Services Funding $ 93,000 State Funds Budgeted $ 8,766,773 Total Positions Budgeted 615 Authorized Motor Vehicles 25 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 5,908,984 Regular Operating Expenses $ 641,177 Travel $ 10,300 Motor Vehicle Equipment Purchases $ 38,400 Publications and Printing $ 450 Equipment Purchases $ 24,475 Computer Charges $ 100,000 Real Estate Rentals $ -0- Telecommunications $ 75,000 Per Diem, Fees and Contracts $ 86,100 Utilities $ 280,000 Postage $ 6,500 Authority Lease Rentals $ 500,000 Capital Outlay $ 300,000 Total Funds Budgeted $ 7,971,386 Agency Funds $ 1,134,400 Indirect DOAS Services Funding $ 85,000 State Funds Budgeted $ 6,751,986 Total Positions Budgeted 496 Authorized Motor Vehicles 22 4. West Central Georgia Regional Hospital Budget: Personal Services $ 5,421,574 Regular Operating Expenses $ 760,551 Travel $ 12,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,820 Equipment Purchases $ 8,450 Computer Charges $ 75,000 Real Estate Rentals $ -0- Telecommunications $ 68,000 Per Diem, Fees and Contracts $ 45,100 Utilities $ 250,000 Postage $ 10,700 Authority Lease Rentals $ 646,500 Capital Outlay $ -0- Total Funds Budgeted $ 7,302,445 Agency Funds $ 713,000 Indirect DOAS Services Funding $ 75,000 State Funds Budgeted $ 6,514,445 Total Positions Budgeted 447 Authorized Motor Vehicles 25 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 7,584,710 Regular Operating Expenses $ 893,056 Travel $ 12,400 Motor Vehicle Equipment Purchases $ 20,700 Publications and Printing $ 1,550 Equipment Purchases $ 15,175 Computer Charges $ 95,000 Real Estate Rentals $ -0- Telecommunications $ 77,000 Per Diem, Fees and Contracts $ 24,200 Utilities $ 668,000 Postage $ 6,700 Capital Outlay $ -0- Authority Lease Rentals $ 853,500 Total Funds Budgeted $ 10,251,991 Agency Funds $ 1,740,500 Indirect DOAS Services Funding $ 85,000 State Funds Budgeted $ 8,426,491 Total Positions Budgeted 632 Authorized Motor Vehicles 44 6. Gracewood State School and Hospital Budget: Personal Services $ 20,422,870 Regular Operating Expenses $ 2,340,860 Travel $ 10,700 Motor Vehicle Equipment Purchases $ 25,000 Publications and Printing $ 14,800 Equipment Purchases $ 10,000 Computer Charges $ 60,000 Real Estate Rentals $ -0- Telecommunications $ 186,000 Per Diem, Fees and Contracts $ 102,945 Utilities $ 981,300 Postage $ 12,500 Capital Outlay $ -0- Total Funds Budgeted $ 24,166,975 Agency Funds $ 11,212,000 Indirect DOAS Services Funding $ 155,000 State Funds Budgeted $ 12,799,975 Total Positions Budgeted 1,887 Authorized Motor Vehicles 110 7. Southwestern State Hospital Budget: Personal Services $ 12,763,165 Regular Operating Expenses $ 1,292,171 Travel $ 15,300 Motor Vehicle Equipment Purchases $ 33,000 Publications and Printing $ 2,900 Equipment Purchases $ 67,835 Computer Charges $ 101,300 Real Estate Rentals $ -0- Telecommunications $ 97,400 Per Diem, Fees and Contracts $ 209,980 Utilities $ 514,600 Postage $ 10,000 Capital Outlay $ 455,000 Total Funds Budgeted $ 15,562,651 Agency Funds $ 3,384,500 Indirect DOAS Services Funding $ 90,000 State Funds Budgeted $ 12,088,151 Total Positions Budgeted 1,136 Authorized Motor Vehicles 53 8. Georgia Retardation Center Budget: Personal Services $ 10,558,990 Regular Operating Expenses $ 2,167,555 Travel $ 12,350 Motor Vehicle Equipment Purchases $ 14,000 Publications and Printing $ 5,450 Equipment Purchases $ 76,470 Computer Charges $ 135,100 Real Estate Rentals $ -0- Telecommunications $ 137,300 Per Diem, Fees and Contracts $ 76,810 Utilities $ 628,300 Postage $ 7,700 Authority Lease Rentals $ 794,000 Capital Outlay $ -0- Total Funds Budgeted $ 14,614,025 Agency Funds $ 6,116,900 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 8,397,125 Total Positions Budgeted 903 Authorized Motor Vehicles 34 9. Georgia Mental Health Institute Budget: Personal Services $ 6,439,969 Regular Operating Expenses $ 877,374 Travel $ 14,650 Motor Vehicle Equipment Purchases $ 21,500 Publications and Printing $ 11,610 Equipment Purchases $ 39,990 Computer Charges $ 97,700 Real Estate Rentals $ -0- Telecommunications $ 160,000 Per Diem, Fees and Contracts $ 523,870 Utilities $ 847,000 Postage $ 11,900 Authority Lease Rentals $ 450,000 Capital Outlay $ 113,685 Total Funds Budgeted $ 9,609,248 Agency Funds $ 769,900 Indirect DOAS Services Funding $ 193,000 State Funds Budgeted $ 8,646,348 Total Positions Budgeted 496 Authorized Motor Vehicles 20 10. Central State Hospital Budget: Personal Services $ 50,594,659 Regular Operating Expenses $ 7,160,259 Travel $ 22,400 Motor Vehicle Equipment Purchases $ 40,200 Publications and Printing $ 17,950 Equipment Purchases $ 217,830 Computer Charges $ 468,800 Real Estate Rentals $ -0- Telecommunications $ 454,000 Per Diem, Fees and Contracts $ 168,470 Utilities $ 2,885,200 Postage $ 42,500 Authority Lease Rentals $ 786,000 Capital Outlay $ 250,000 Total Funds Budgeted $ 63,108,268 Agency Funds $ 15,921,560 Indirect DOAS Services Funding $ 589,000 State Funds Budgeted $ 46,597,708 Total Positions Budgeted 4,345 Authorized Motor Vehicles 216 11. State Youth Development Centers Budget: Personal Services $ 8,205,929 Regular Operating Expenses $ 1,055,972 Travel $ 5,500 Motor Vehicle Equipment Purchases $ 30,350 Publications and Printing $ 3,000 Equipment Purchases $ 43,580 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 82,600 Per Diem, Fees and Contracts $ 114,800 Utilities $ 553,979 Postage $ 18,220 Capital Outlay $ 15,264 Total Funds Budgeted $ 10,129,194 Agency Funds $ 331,640 State Funds Budgeted $ 9,797,554 Total Positions Budgeted 711 Authorized Motor Vehicles 103 12. Regional Youth Development Centers Budget: Personal Services $ 3,677,835 Regular Operating Expenses $ 606,633 Travel $ 9,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 8,080 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 43,400 Per Diem, Fees and Contracts $ 58,200 Utilities $ 297,539 Postage $ 7,300 Capital Outlay $ -0- Grants to County-Owned Detention Centers $ 70,000 Total Funds Budgeted $ 4,779,587 Agency Funds $ 208,085 State Funds Budgeted $ 4,571,502 Total Positions Budgeted 351 Authorized Motor Vehicles 32 13. Community Mental Health/Mental Retardation Services Budget: Personal Services $ 5,745,372 Regular Operating Expenses $ 279,882 Travel $ 34,350 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 850 Equipment Purchases $ 12,340 Computer Charges $ -0- Real Estate Rentals $ 50,900 Telecommunications $ 16,200 Per Diem, Fees and Contracts $ 199,200 Utilities $ 3,200 Drug Abuse Contracts $ 1,385,800 Developmental Disability Service Chiefs $ 428,700 Day Care Centers for the Mentally Retarded $ 30,525,000 MR Day Care Center Motor Vehicle Purchases $ 385,000 Group Homes for the Mentally Retarded $ 2,448,000 Supportive Living Benefits $ 1,354,000 Supportive Living Staff $ 266,300 Georgia State Foster Grandparent/Senior Companion Program $ 337,000 Community Residential Services $ 1,100,000 Community Residential Services Staff $ 697,800 Community Mental Health Center Services $ 40,236,400 Project Rescue $ 198,400 Project ARC $ 80,000 Uniform Alcoholism Projects $ 290,000 Total Funds Budgeted $ 86,074,694 Title XX Funds $ 21,256,410 Agency Funds $ 32,402,378 State Funds Budgeted $ 32,415,906 Total Positions Budgeted 371 Authorized Motor Vehicles 798

"GA1979.1.1523">

Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 4,152,544 $ 4,073,544 255 Mental Retardation Community Assistance $ 1,170,900 $ 1,170,900 69 Central Pharmacy $ 90,000 $ 90,000 3 Metro Drug Abuse Centers $ 928,850 $ 338,002 44 Developmental Disability Service Chiefs $ 428,700 $ 428,700 0 Group Homes for the Mentally Retarded $ 2,448,000 $ 2,448,000 0 Day Care Centers for the Mentally Retarded $ 30,525,000 $ 9,417,390 0 MR Day Care Center Motor Vehicle Purchases $ 385,000 $ 385,000 0 Supportive Living $ 1,620,300 $ 1,620,300 0 Georgia State Foster Grandparent/Senior Companion Program $ 337,000 $ 337,000 0 Community Residential Services $ 1,797,800 $ 1,397,800 0 Project Rescue $ 198,400 $ 49,600 0 Drug Abuse Contracts $ 1,385,800 $ 205,830 0 Project ARC $ 80,000 $ 80,000 0 Community Mental Health Center Services $ 40,236,400 $ 10,083,840 0 Uniform Alcoholism Projects $ 290,000 $ 290,000 0 Undistributed $ -0- $ -0- 0 Total $ 86,074,694 $ 32,415,906 371

"GA1979.1.1524">

14. Community Youth Services Budget: Personal Services $ 5,095,026 Regular Operating Expenses $ 299,052 Travel $ 283,860 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 2,200 Equipment Purchases $ 7,925 Computer Charges $ -0- Real Estate Rentals $ 226,200 Telecommunications $ 143,970 Per Diem, Fees and Contracts $ -0- Utilities $ 22,790 Postage $ 11,310 Child Care Benefits $ 12,000 Total Funds Budgeted $ 6,109,333 Agency Funds $ 60,000 State Funds Budgeted $ 6,049,333 Total Positions Budgeted 386 Authorized Motor Vehicles 19

"GA1979.1.1525">

Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 432,074 $ 432,074 31 Attention Homes $ 276,486 $ 216,486 9 Day Centers $ 400,471 $ 400,471 24 Community Treatment Centers $ 1,375,500 $ 1,375,500 91 Court Services $ 3,372,005 $ 3,372,005 217 Runaway Apprehension $ 199,610 $ 199,610 11 Interstate Compact $ 53,187 $ 53,187 3 Undistributed $ -0- $ -0- 0 Total $ 6,109,333 $ 6,049,333 386 Budget Unit Object Classes: Personal Services $ 155,675,626 Regular Operating Expenses $ 20,177,784 Travel $ 468,560 Motor Vehicle Equipment Purchases $ 330,840 Publications and Printing $ 72,580 Equipment Purchases $ 646,584 Computer Charges $ 1,302,900 Real Estate Rentals $ 277,100 Telecommunications $ 1,708,370 Per Diem, Fees and Contracts $ 1,934,621 Utilities $ 8,465,908 Postage $ 161,930 Capital Outlay $ 1,509,552 Authority Lease Rentals $ 4,930,000 Grants to County-Owned Detention Centers $ 70,000 Drug Abuse Contracts $ 1,385,800 Developmental Disability Services Chiefs $ 428,700 Day Care Centers for the Mentally Retarded $ 30,525,000 MR Day Care Center Motor Vehicle Purchases $ 385,000 Group Homes for the Mentally Retarded $ 2,448,000 Supportive Living Benefits $ 1,354,000 Supportive Living Staff $ 266,300 Georgia State Foster Grandparent/Senior Companion Program $ 337,000 Community Residential Services $ 1,100,000 Community Residential Services Staff $ 697,800 Community Mental Health Center Services $ 40,236,400 Project Rescue $ 198,400 Project ARC $ 80,000 Uniform Alcoholism Projects $ 290,000 Child Care Benefits $ 12,000 Total Positions Budgeted 13,260 Authorized Motor Vehicles 1,524

"GA1979.1.1526">

Provided, that of the above appropriation relating to Community Mental Health Centers, agency income, excluding federal grants where prohibited, shall be expended first to cover expenses for local programs. Surplus funds at the end of the year shall not exceed 60-day collections. Surplus above this limitation shall revert to the State and local governments on a pro rata basis based on contribution of said governments to the program. Provided, that of the above appropriation relating to Mental Health/Mental Retardation institutions, those institutions which have State-owned homes and apartments on their grounds shall charge $15 per month per bedroom for utilities. Collections from said charges shall be used for the installation of electric and natural

"GA1979.1.1527">

gas meters wherever applicable. Upon installation of necessary meters, the residences shall be charged the institution rate for utility consumption. Provided, that of the above appropriation relating to Day Training Centers for the Mentally Retarded, the Department is authorized to contract with two additional centers provided that funding is available within the limits of the current appropriation. Provided, that of the above appropriation relating to Community Residential Services Benefits, the Department is authorized to increase the maximum monthly payments to service providers from $300 to $350 and to supplant State funds with patient collections to reduce the State cost of the program. Provided, that of the above appropriation relating to Community Mental Health Centers, private gifts and donations, as well as proceeds of local fund raising activities, shall not be required to be budgeted to the Department or to the Office of Planning and Budget. Provided further, the Department of Human Resources is authorized to increase the number of positions budgeted for the Right-to-Treatment program to meet court orders, provided such increase shall not cause expenditures to exceed the funds provided for this program. Provided, that of the above appropriation relating to Capital Outlay, $250,000 is designated and committed to renovate portions of the Powell Building at Central State Hospital to meet minimum fire marshal safety requirements and provide for other improvements in bathing and sleeping areas. Provided that the Department is given the flexibility in the Community Residential Services Program to use benefits to contract with private home providers for service or to provide (through local Health Departments) small group living situations for clients; and further provided that these residential services are available to clients residing in the community as well as those returning to their communities from the institution.

"GA1979.1.1528">

Provided further, it is the intent of this General Assembly, the site selection of the group homes contemplated in this appropriation shall be on the basis of need. Section 28. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade $ 7,487,402 1. Industry Budget: Personal Services $ 450,000 Regular Operating Expenses $ 8,600 Travel $ 31,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 1,500 Total Funds Budgeted $ 497,600 State Funds Budgeted $ 497,600 Total Positions Budgeted 22 2. Research Budget: Personal Services $ 260,000 Regular Operating Expenses $ 5,500 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 35,600 Equipment Purchases $ -0- Computer Charges $ 3,200 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 17,300 Total Funds Budgeted $ 324,100 State Funds Budgeted $ 324,100 Total Positions Budgeted 16 3. Tourism - Promotional Budget: Personal Services $ 453,000 Regular Operating Expenses $ 68,500 Travel $ 39,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200,000 Equipment Purchases $ 2,050 Computer Charges $ 19,000 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 56,800 Historic Chattahoochee Commission Contract $ 35,000 Total Funds Budgeted $ 873,350 State Funds Budgeted $ 873,350 Total Positions Budgeted 29 4. Tourist - Welcome Centers Budget: Personal Services $ 834,297 Regular Operating Expenses $ 226,600 Travel $ 32,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 21,550 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 6,050 Per Diem, Fees and Contracts $ -0- Capital Outlay $ 36,000 Local Welcome Centers $ 75,230 Total Funds Budgeted $ 1,232,527 State Funds Budgeted $ 1,232,527 Total Positions Budgeted 92 5. Internal Administration Budget: Personal Services $ 455,000 Regular Operating Expenses $ 192,225 Travel $ 18,000 Motor Vehicle Equipment Purchases $ 16,000 Publications and Printing $ 45,000 Equipment Purchases $ 1,000 Computer Charges $ 5,000 Real Estate Rentals $ 156,000 Telecommunications $ 88,000 Per Diem, Fees and Contracts $ 15,000 Postage $ 154,000 Georgia Ports Authority - Authority Lease Rentals $ 2,790,000 Georgia Ports Authority - General Obligation Bond Payments $ 500,000 Georgia World Congress Center - Expansion Study Contract $ 50,000 Total Funds Budgeted $ 4,485,225 State Funds Budgeted $ 3,195,225 Total Positions Budgeted 25 6. International Budget: Personal Services $ 176,000 Regular Operating Expenses $ 36,200 Travel $ 35,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment Purchases $ 1,000 Computer Charges $ 8,000 Real Estate Rentals $ 34,900 Telecommunications $ 15,000 Per Diem, Fees and Contracts $ 208,500 Total Funds Budgeted $ 536,600 State Funds Budgeted $ 536,600 Total Positions Budgeted 9 7. 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 $ 2,628,297 Regular Operating Expenses $ 537,625 Travel $ 158,300 Motor Vehicle Equipment Purchases $ 16,000 Publications and Printing $ 309,100 Equipment Purchases $ 25,600 Computer Charges $ 35,200 Real Estate Rentals $ 190,900 Telecommunications $ 109,050 Per Diem, Fees and Contracts $ 299,100 Postage $ 154,000 Capital Outlay $ 36,000 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 Georgia World Congress Center - Expansion Study Contract $ 50,000 Historic Chattahoochee Commission Contract $ 35,000 Total Positions Budgeted 193 Authorized Motor Vehicles 19

"GA1979.1.1531">

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 $ 2,001,173 Regular Operating Expenses $ 810,427 Travel $ 15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,000 Equipment Purchases $ 40,000 Computer Charges $ 900 Real Estate Rentals $ -0- Telecommunications $ 37,500 Per Diem, Fees and Contracts $ 130,000 Expansion Study Contract $ 50,000 Repayment of F.Y. 1979 Capital Outlay Appropriation $ 50,000 Total Funds Budgeted $ 3,149,000 State Funds Budgeted $ -0- Total Positions Budgeted 122 2. Georgia Ports Authority Budget: Personal Services $ 16,595,408 Regular Operating Expenses and Computer Charges $ 6,377,347 Travel $ 279,643 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay $ 6,208,718 Publications and Printing $ 57,595 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations $ 1,290,000 Per Diem, Fees and Contracts $ 348,803 Other Debt-Service Payments $ 1,003,664 Total Funds Budgeted $ 32,161,178 State Funds Budgeted $ -0- Total Positions Budgeted 772 Budget Unit Object Classes: Personal Services $ 18,596,581 Regular Operating Expenses $ 810,427 Travel $ 294,643 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 71,595 Equipment Purchases $ 40,000 Computer Charges $ 900 Real Estate Rentals $ -0- Telecommunications $ 37,500 Per Diem, Fees and Contracts $ 478,803 Expansion Study Contract $ 50,000 Repayment of F.Y. 1979 Capital Outlay Appropriation $ 50,000 Regular Operating Expenses, Computer Charges $ 6,377,347 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay $ 6,208,718 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations $ 1,290,000 Other Debt-Service Payments $ 1,003,664 Total Positions Budgeted 894 Authorized Motor Vehicles 36

"GA1979.1.1532">

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

"GA1979.1.1533">

of operations and excess cost of authorized planning of new facilities, 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 29. Department of Labor. A. Budget Unit: Inspection Division $ 557,769 Inspection Division Budget: Personal Services $ 456,982 Regular Operating Expenses $ 7,296 Travel $ 78,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 200 Computer Charges $ -0- Real Estate Rentals $ 7,591 Telecommunications $ 5,200 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 557,769 State Funds Budgeted $ 557,769 Total Positions Budgeted 27 Budget Unit Object Classes: Personal Services $ 456,982 Regular Operating Expenses $ 7,296 Travel $ 78,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 200 Computer Charges $ -0- Real Estate Rentals $ 7,591 Telecommunications $ 5,200 Per Diem, Fees and Contracts $ 1,000 Total Positions Budgeted 27 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training $ 2,407,743 1. Basic Employment Security and W.I.N. Budget: Personal Services $ 28,914,034 Regular Operating Expenses $ 2,711,383 Travel $ 765,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000 Equipment Purchases $ 1,015,000 Computer Charges $ 814,000 Real Estate Rentals $ 1,542,000 Telecommunications $ 776,000 Per Diem, Fees and Contracts $ 3,476,000 W.I.N. Grants $ 1,000,000 Capital Outlay $ -0- Total Funds Budgeted $ 41,034,417 State Funds Budgeted $ 1,235,509 Total Positions Budgeted 1,632 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services $ 8,769,386 Regular Operating Expenses $ 2,068,106 Travel $ 390,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ 150,000 Computer Charges $ 220,000 Real Estate Rentals $ 338,000 Telecommunications $ 220,000 Per Diem, Fees and Contracts (CETA) $ 500,000 CETA Direct Benefits $ 100,000,000 Total Funds Budgeted $ 112,670,492 State Funds Budgeted $ -0- Total Positions Budgeted 450 3. Correctional Services Budget: Personal Services $ 1,053,194 Regular Operating Expenses $ 20,212 Travel $ 25,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 500 Computer Charges $ 475 Real Estate Rentals $ 32,353 Telecommunications $ 15,000 Per Diem, Fees and Contracts $ 25,000 Total Funds Budgeted $ 1,172,234 State Funds Budgeted $ 1,172,234 Total Positions Budgeted 62 Budget Unit Object Classes: Personal Services $ 38,736,614 Regular Operating Expenses $ 4,799,701 Travel $ 1,180,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,500 Equipment Purchases $ 1,165,500 Computer Charges $ 1,034,475 Real Estate Rentals $ 1,912,353 Telecommunications $ 1,011,000 Per Diem, Fees and Contracts (CETA) $ 500,000 Per Diem, Fees and Contracts $ 3,501,000 W.I.N. Grants $ 1,000,000 CETA Direct Benefits $ 100,000,000 Capital Outlay $ -0- Total Positions Budgeted 2,144 Authorized Motor Vehicles 0

"GA1979.1.1535">

Section 30. Department of Law. Budget Unit: Department of Law $ 3,102,000 Attorney General's Office Budget: Personal Services $ 2,612,511 Regular Operating Expenses $ 163,536 Travel $ 75,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 11,500 Computer Charges $ 295 Books for State Library $ 42,000 Real Estate Rentals $ 232,358 Telecommunications $ 62,000 Per Diem, Fees and Contracts $ 30,000 Capital Outlay $ -0- Total Funds Budgeted $ 3,259,200 State Funds Budgeted $ 3,102,000 Total Positions Budgeted 109 Budget Unit Object Classes: Personal Services $ 2,612,511 Regular Operating Expenses $ 163,536 Travel $ 75,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 11,500 Computer Charges $ 295 Real Estate Rentals $ 232,358 Telecommunications $ 62,000 Per Diem, Fees and Contracts $ 30,000 Books for State Library $ 42,000 Capital Outlay $ -0- Total Positions Budgeted 109 Authorized Motor Vehicles 1

"GA1979.1.1536">

For the cost of operating the Department of Law provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law. Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees. Section 31. Department of Medical Assistance. Budget Unit: Medicaid Services $ 150,626,507 1. Commissioner's Office Budget: Personal Services $ 692,732 Regular Operating Expenses $ 60,606 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 3,485 Computer Charges $ -0- Real Estate Rentals $ 53,801 Telecommunications $ 15,000 Per Diem, Fees and Contracts $ 53,870 Postage $ 4,000 Total Funds Budgeted $ 955,494 State Funds Budgeted $ 417,612 Total Positions Budgeted 41 2. Administration Budget: Personal Services $ 703,000 Regular Operating Expenses $ 95,199 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,000 Equipment Purchases $ 8,420 Computer Charges $ -0- Real Estate Rentals $ 90,679 Telecommunications $ 27,994 Per Diem, Fees and Contracts $ 167,000 Postage $ 24,000 Total Funds Budgeted $ 1,131,292 State Funds Budgeted $ 565,000 Total Positions Budgeted 50 3. Program Management Budget: Personal Services $ 667,383 Regular Operating Expenses $ 57,077 Travel $ 5,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 9,050 Computer Charges $ -0- Real Estate Rentals $ 26,816 Telecommunications $ 32,000 Per Diem, Fees and Contracts $ 64,500 Postage $ 15,000 Audits Contracts $ 566,000 Contract with Georgia Medical Care Foundation $ 1,250,000 Total Funds Budgeted $ 2,723,326 State Funds Budgeted $ 1,217,699 Total Positions Budgeted 38 4. Operations Budget: Personal Services $ 1,509,000 Regular Operating Expenses $ 181,246 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 11,726 Computer Charges $ 5,461,000 Real Estate Rentals $ 107,105 Telecommunications $ 130,280 Per Diem, Fees and Contracts $ -0- Postage $ 639,700 Total Funds Budgeted $ 8,054,057 Indirect DOAS Services Funding $ 1,000,000 Agency Funds $ 6,100,861 State Funds Budgeted $ 953,196 Total Positions Budgeted 134 5. Benefits Payments Budget: Medicaid Benefits $ 461,861,000 Payments to Counties for Mental Health $ 5,500,000 Adult Emergency Dental Services $ 3,300,000 Total Funds Budgeted $ 470,661,000 State Funds Budgeted $ 147,473,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 3,572,115 Regular Operating Expenses $ 394,128 Travel $ 83,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 53,000 Equipment Purchases $ 32,681 Computer Charges $ 5,461,000 Real Estate Rentals $ 278,401 Telecommunications $ 205,274 Per Diem, Fees and Contracts $ 285,370 Postage $ 682,700 Medicaid Benefits $ 461,861,000 Payments to Counties for Mental Health $ 5,500,000 Adult Emergency Dental Services $ 3,300,000 Audits Contracts $ 566,000 Contract with Georgia Medical Care Foundation $ 1,250,000 Total Positions Budgeted 263 Authorized Motor Vehicles 5

"GA1979.1.1539">

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. Provided, however, the Department is authorized and directed to retain all prior years' benefit appropriations in reserve for twenty-four months after the end of the respective fiscal years to which such appropriations were made, and such reserves shall not be subject to lapse. Section 32. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments $ 3,329,267 1. Applicant Services Budget: Personal Services $ 589,470 Regular Operating Expenses $ 14,890 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 1,365 Computer Charges $ 422,856 Real Estate Rentals $ -0- Telecommunications $ 10,600 Per Diem, Fees and Contracts $ -0- Postage $ 37,000 Total Funds Budgeted $ 1,115,181 Agency Assessments $ 1,115,181 Total Positions Budgeted 39 2. Classification and Compensation Budget: Personal Services $ 363,837 Regular Operating Expenses $ 3,550 Travel $ 1,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,270 Equipment Purchases $ 810 Computer Charges $ 140,952 Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 2,000 Postage $ 2,200 Total Funds Budgeted $ 527,319 Agency Assessments $ 527,319 Total Positions Budgeted 21 3. Employee Services Budget: Personal Services $ 289,168 Regular Operating Expenses $ 10,350 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 15,980 Computer Charges $ 203,597 Real Estate Rentals $ -0- Telecommunications $ 4,200 Per Diem, Fees and Contracts $ -0- Postage $ 1,200 Total Funds Budgeted $ 535,995 Agency Assessments $ 527,295 Total Positions Budgeted 20 4. Employee Training and Development Budget: Personal Services $ 297,902 Regular Operating Expenses $ 10,845 Travel $ 13,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,620 Equipment Purchases $ 1,200 Computer Charges $ 15,661 Real Estate Rentals $ -0- Telecommunications $ 5,300 Per Diem, Fees and Contracts $ 89,500 Postage $ 2,500 Total Funds Budgeted $ 444,528 Agency Assessments $ 414,528 Total Positions Budgeted 17 5. Health Insurance Administration Budget: Personal Services $ 312,136 Regular Operating Expenses $ 9,066 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,800 Equipment Purchases $ 1,812 Computer Charges $ 74,418 Real Estate Rentals $ 26,949 Telecommunications $ 16,000 Per Diem, Fees and Contracts $ 2,430,692 Postage $ 22,000 Total Funds Budgeted $ 2,903,373 Other Health Insurance Agency Funds $ -0- Employer and Employee Contributions $ 2,903,373 Total Positions Budgeted 22 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 $ 85,760,892 Total Funds Budgeted $ 85,760,892 Other Health Insurance Agency Funds $ 4,900,341 Employer and Employee Contributions $ 80,860,551 Total Positions Budgeted 0 7. Internal Administration Budget: Personal Services $ 357,481 Regular Operating Expenses $ 7,925 Travel $ 1,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 2,025 Computer Charges $ 32,379 Real Estate Rentals $ -0- Telecommunications $ 4,875 Per Diem, Fees and Contracts $ 2,700 Postage $ 1,500 Federal Sub-grants to State and Local Agencies $ 335,385 Total Funds Budgeted $ 750,870 Agency Assessments $ 297,880 Employer and Employee Contributions $ 79,816 Total Positions Budgeted 25 8. Commissioner's Office Budget: Personal Services $ 280,425 Regular Operating Expenses $ 6,168 Travel $ 6,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,595 Equipment Purchases $ 1,170 Computer Charges $ -0- Real Estate Rentals $ 134,213 Telecommunications $ 5,150 Per Diem, Fees and Contracts $ 34,605 Postage $ 3,100 Total Funds Budgeted $ 478,926 Agency Assessments $ 447,064 Total Positions Budgeted 11 Budget Unit Object Classes: Personal Services $ 2,490,419 Regular Operating Expenses $ 62,794 Travel $ 30,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 81,285 Equipment Purchases $ 24,362 Computer Charges $ 889,863 Real Estate Rentals $ 161,162 Telecommunications $ 51,125 Per Diem, Fees and Contracts $ 2,559,497 Postage $ 69,500 Federal Sub-grants to State and Local Agencies $ 335,385 Health Insurance Claim Payments $ 85,760,892 Total Positions Budgeted 155 Authorized Motor Vehicles 0

"GA1979.1.1543">

Provided, that it is the intent of this General Assembly that the employee rate paid by the State for Teachers Health Insurance shall be for State allotted teachers, and the base for this payment shall be the eligible salary for teachers according to the Teacher Salary Index, before the assignment of Required Local Effort. Section 33. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 39,287,671 1. Internal Administration Budget: Personal Services $ 1,562,951 Regular Operating Expenses $ 175,517 Travel $ 25,249 Motor Vehicle Equipment Purchases $ 4,975 Publications and Printing $ 203,491 Equipment Purchases $ 7,800 Computer Charges $ 152,900 Real Estate Rentals $ 114,018 Telecommunications $ 57,500 Per Diem, Fees and Contracts $ 42,500 Postage $ 156,750 Capital Outlay - Heritage Trust $ 925,000 Total Funds Budgeted $ 3,428,651 State Funds Budgeted $ 3,428,651 Total Positions Budgeted 92 2. Game and Fish Budget: Personal Services $ 7,447,072 Regular Operating Expenses $ 2,039,983 Travel $ 91,575 Motor Vehicle Equipment Purchases $ 476,114 Publications and Printing $ 30,500 Equipment Purchases $ 392,802 Computer Charges $ 37,562 Real Estate Rentals $ 34,684 Telecommunications $ 170,693 Per Diem, Fees and Contracts $ 79,990 Postage $ 27,635 Capital Outlay - Hatchery Renovation $ 7,000 Capital Outlay - Repairs and Maintenance $ 135,667 Capital Outlay $ -0- Grants to Local Governments $ 110,000 Total Funds Budgeted $ 11,081,277 State Funds Budgeted $ 9,193,551 Total Positions Budgeted 448 3. Parks, Recreation and Historic Sites Budget: Personal Services $ 6,272,368 Regular Operating Expenses $ 2,803,729 Travel $ 109,937 Motor Vehicle Equipment Purchases $ 169,500 Publications and Printing $ 124,000 Equipment Purchases $ 197,866 Computer Charges $ 50,430 Real Estate Rentals $ 89,971 Telecommunications $ 195,393 Per Diem, Fees and Contracts $ 185,000 Postage $ 20,325 Capital Outlay $ 755,000 Capital Outlay - Repairs and Maintenance $ 665,000 Capital Outlay - Shop Stock $ 200,000 Cost of Material for Resale $ 629,304 Authority Lease Rentals $ 2,533,000 Land and Water Conservation Grants $ 8,873,000 Recreation Grants $ 236,000 YACC and YCC Grants $ 100,000 Contract - Special Olympics, Inc. $ 93,000 Georgia Sports Hall of Fame $ 40,000 Total Funds Budgeted $ 24,342,823 State Funds Budgeted $ 11,625,546 Total Positions Budgeted 391 4. Environmental Protection Budget: Personal Services $ 6,658,500 Regular Operating Expenses $ 465,745 Travel $ 280,000 Motor Vehicle Equipment Purchases $ 53,345 Publications and Printing $ 79,000 Equipment Purchases $ 93,000 Computer Charges $ 204,780 Real Estate Rentals $ 319,328 Telecommunications $ 143,763 Per Diem, Fees and Contracts $ 1,003,849 Postage $ 5,000 Solid Waste Grants $ 1,500,000 Water and Sewer Grants $ 6,000,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 198,855 Topographic Mapping U.S. Geological Survey $ 125,000 Total Funds Budgeted $ 17,130,165 State Funds Budgeted $ 13,815,165 Total Positions Budgeted 333 5. Dam Safety Budget: Personal Services $ 90,000 Regular Operating Expenses $ 13,440 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 2,255 Computer Charges $ -0- Real Estate Rentals $ 6,000 Telecommunications $ 2,000 Per Diem, Fees and Contracts $ 78,000 Total Funds Budgeted $ 202,195 State Funds Budgeted $ 202,195 Total Positions Budgeted 5 6. Coastal Resources Budget: Personal Services $ 473,774 Regular Operating Expenses $ 137,836 Travel $ 13,526 Motor Vehicle Equipment Purchases $ 17,115 Publications and Printing $ 8,800 Equipment Purchases $ 5,000 Computer Charges $ 11,420 Real Estate Rentals $ -0- Telecommunications $ 12,412 Per Diem, Fees and Contracts $ 5,100 Postage $ 7,205 Capital Outlay $ 10,000 Total Funds Budgeted $ 702,188 State Funds Budgeted $ 558,063 Total Positions Budgeted 22 7. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations $ 396,892 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 67,608 Total Funds Budgeted $ 464,500 State Funds Budgeted $ 464,500 Total Positions Budgeted 0 8. Jekyll Island State Park Authority Budget: Payments to Jekyll Island State Park Authority for Operations $ -0- Payments to Jekyll Island State Park Authority for Capital Outlay $ -0- Total Funds Budgeted $ -0- State Funds Budgeted $ -0- Total Positions Budgeted 0 9. Stone Mountain Memorial Association Budget: Payments to Stone Mountain Memorial Association $ -0- Total Funds Budgeted $ -0- State Funds Budgeted $ -0- Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 22,504,665 Regular Operating Expenses $ 5,636,250 Travel $ 528,287 Motor Vehicle Equipment Purchases $ 721,049 Publications and Printing $ 448,291 Equipment Purchases $ 698,723 Computer Charges $ 457,092 Real Estate Rentals $ 564,001 Telecommunications $ 581,761 Per Diem, Fees and Contracts $ 1,394,439 Postage $ 216,915 Land and Water Conservation Grants $ 8,873,000 Recreation Grants $ 236,000 Young Adult Conservation Corps and Youth Conservation Corps Grants $ 100,000 Water and Sewer Grants $ 6,000,000 Solid Waste Grants $ 1,500,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 198,855 Contract with U.S. Geological Survey for Topographic Maps $ 125,000 Capital Outlay - Hatchery Renovation $ 7,000 Capital Outlay $ 765,000 Capital Outlay - Repairs and Maintenance $ 800,667 Capital Outlay - Shop Stock $ 200,000 Capital Outlay - Heritage Trust $ 925,000 Authority Lease Rentals $ 2,533,000 Cost of Material for Resale $ 629,304 Payments to Lake Lanier Islands Development Authority for Operations $ 396,892 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 67,608 Payments to Jekyll Island State Park Authority for Operations $ -0- Payments to Jekyll Island State Park Authority for Capital Outlay $ -0- Contract - Special Olympics, Inc. $ 93,000 Payment to Stone Mountain Memorial Association $ -0- Grants to Local Governments $ 110,000 Georgia Sports Hall of Fame $ 40,000 Total Positions Budgeted 1,291 Authorized Motor Vehicles 984

"GA1979.1.1548">

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

"GA1979.1.1549">

and directed to use the excess receipts for repairs and maintenance of State Parks and Historic Sites facilities. Provided, that of the above appropriation, $93,000 is designated and committed for matching a minimum of $93,000 from other sources for the Georgia Special Olympics Program. 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 $5,000,000 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. Provided, that of the above appropriation $30,000 in State funds is designated and committed for the mandated Hunter Safety program as provided for in Georgia Laws 1484 of 1978. It is the intent of this General Assembly that federal funds available for this program shall be utilized to the maximum extent possible. B. Budget Unit: Authorities $ -0- 1. Lake Lanier Islands Development Authority Budget: Personal Services $ 851,570 Regular Operating Expenses $ 352,222 Travel $ 3,500 Motor Vehicle Equipment Purchases $ 5,500 Publications and Printing $ 27,640 Equipment Purchases $ 19,460 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 15,000 Per Diem, Fees and Contracts $ 22,000 Capital Outlay $ 135,216 Campground Sinking Fund $ -0- Promotion Expenses $ -0- Total Funds Budgeted $ 1,432,108 State Funds Budgeted $ -0- Total Positions Budgeted 54 2. Jekyll Island State Park Authority Budget: Personal Services $ 2,124,197 Regular Operating Expenses $ 1,077,600 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 25,200 Publications and Printing $ 25,000 Equipment Purchases $ 28,842 Computer Charges $ 6,000 Real Estate Rentals $ 7,490 Telecommunications $ 22,800 Per Diem, Fees and Contracts $ 50,000 Mortgage Payments $ -0- Capital Outlay $ 46,000 Promotion Expenses $ -0- Total Funds Budgeted $ 3,421,129 Total Positions Budgeted 220 Budget Unit Object Classes: Personal Services $ 2,975,767 Regular Operating Expenses $ 1,429,822 Travel $ 11,500 Motor Vehicle Equipment Purchases $ 30,700 Publications and Printing $ 52,640 Equipment $ 48,302 Computer Charges $ 6,000 Real Estate Rentals $ 7,490 Telecommunications $ 37,800 Per Diem, Fees and Contracts $ 72,000 Capital Outlay $ 181,216 Promotion Expense $ -0- Campground Sinking Fund $ -0- Mortgage Payments $ -0- Total Positions Budgeted 274 Authorized Motor Vehicles 91

"GA1979.1.1550">

Section 34. Department of Offender Rehabilitation. A. Budget Unit: Department of Offender Rehabilitation $ 74,137,000 1. General Administration and Support Budget: Personal Services $ 3,281,401 Regular Operating Expenses $ 207,870 Travel $ 86,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 8,562 Computer Charges $ 380,127 Real Estate Rentals $ 213,000 Telecommunications $ 110,000 Per Diem, Fees and Contracts $ 350,350 Utilities $ -0- Total Funds Budgeted $ 4,637,810 State Funds Budgeted $ 4,637,810 Total Positions Budgeted 209 2. Georgia Training and Development Center Budget: Personal Services $ 929,000 Regular Operating Expenses $ 101,902 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 10,800 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 10,600 Per Diem, Fees and Contracts $ 18,600 Utilities $ 77,000 Total Funds Budgeted $ 1,148,902 State Funds Budgeted $ 1,148,902 Total Positions Budgeted 67 3. Georgia Industrial Institute Budget: Personal Services $ 3,338,671 Regular Operating Expenses $ 424,940 Travel $ 6,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 40,000 Computer Charges $ -0- Real Estate Rentals $ 35 Telecommunications $ 30,000 Per Diem, Fees and Contracts $ 6,192 Utilities $ 300,000 Total Funds Budgeted $ 4,146,238 State Funds Budgeted $ 4,146,238 Total Positions Budgeted 257 4. Alto Education and Evaluation Center Budget: Personal Services $ 900,000 Regular Operating Expenses $ 71,486 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 20,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 1,000,486 State Funds Budgeted $ 780,000 Total Positions Budgeted 52 5. Georgia Diagnostic and Classification Center Budget: Personal Services $ 3,608,297 Regular Operating Expenses $ 457,165 Travel $ 2,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 36,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 35,000 Per Diem, Fees and Contracts $ 12,100 Utilities $ 300,000 Total Funds Budgeted $ 4,450,862 State Funds Budgeted $ 4,450,862 Total Positions Budgeted 290 6. Georgia State Prison Budget: Personal Services $ 7,175,000 Regular Operating Expenses $ 923,976 Travel $ 6,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 88,090 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 52,000 Per Diem, Fees and Contracts $ 44,000 Utilities $ 795,000 Total Funds Budgeted $ 9,084,266 State Funds Budgeted $ 9,059,266 Total Positions Budgeted 578 7. Consolidated Branches Budget: Personal Services $ 3,283,370 Regular Operating Expenses $ 413,272 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 50,000 Computer Charges $ -0- Real Estate Rentals $ 22,200 Telecommunications $ 42,500 Per Diem, Fees and Contracts $ 80,000 Utilities $ 275,000 Total Funds Budgeted $ 4,173,342 State Funds Budgeted $ 3,893,342 Total Positions Budgeted 260 8. Lee Correctional Institution Budget: Personal Services $ 1,068,000 Regular Operating Expenses $ 148,280 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 12,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 9,500 Per Diem, Fees and Contracts $ 8,700 Utilities $ 168,000 Total Funds Budgeted $ 1,416,480 State Funds Budgeted $ 1,416,480 Total Positions Budgeted 85 9. Montgomery Correctional Institution Budget: Personal Services $ 810,000 Regular Operating Expenses $ 125,380 Travel $ 1,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 3,370 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,200 Per Diem, Fees and Contracts $ 13,600 Utilities $ 88,000 Capital Outlay $ 30,000 Total Funds Budgeted $ 1,084,150 State Funds Budgeted $ 1,068,150 Total Positions Budgeted 60 10. Walker Correctional Institution Budget: Personal Services $ 816,840 Regular Operating Expenses $ 129,052 Travel $ 2,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 6,600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,500 Per Diem, Fees and Contracts $ 7,800 Utilities $ 75,000 Total Funds Budgeted $ 1,052,192 State Funds Budgeted $ 1,042,192 Total Positions Budgeted 65 11. Georgia Women's Correctional Institution Budget: Personal Services $ 1,427,000 Regular Operating Expenses $ 172,206 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ 1,320 Telecommunications $ 14,400 Per Diem, Fees and Contracts $ 6,240 Utilities $ 120,000 Total Funds Budgeted $ 1,745,166 State Funds Budgeted $ 1,745,166 Total Positions Budgeted 117 12. West Georgia Community Correctional Center Budget: Personal Services $ 1,691,500 Regular Operating Expenses $ 198,152 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 4,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 17,400 Utilities $ 130,000 Total Funds Budgeted $ 2,055,052 State Funds Budgeted $ 2,055,052 Total Positions Budgeted 139 13. Georgia Earned Release Correctional Center Budget: Personal Services $ 2,576,000 Regular Operating Expenses $ 290,900 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 21,060 Computer Charges $ -0- Real Estate Rentals $ 660 Telecommunications $ 32,000 Per Diem, Fees and Contracts $ 12,000 Utilities $ -0- Payments to Central State Hospital for Utilities $ 213,000 Total Funds Budgeted $ 3,147,620 State Funds Budgeted $ 3,147,620 Total Positions Budgeted 218 14. Macon Community Correctional Center Budget: Personal Services $ 1,544,180 Regular Operating Expenses $ 201,240 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,000 Per Diem, Fees and Contracts $ 12,600 Utilities $ 140,000 Total Funds Budgeted $ 1,919,020 State Funds Budgeted $ 1,919,020 Total Positions Budgeted 133 15. Washington Correctional Institution Budget: Personal Services $ 1,464,766 Regular Operating Expenses $ 167,333 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 9,500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,000 Per Diem, Fees and Contracts $ 15,000 Utilities $ -0- Payments to Central State Hospital for Utilities $ 109,000 Total Funds Budgeted $ 1,787,599 State Funds Budgeted $ 1,787,599 Total Positions Budgeted 120 16. Talmadge Memorial Hospital Unit Budget: Personal Services $ 251,000 Regular Operating Expenses $ 10,860 Travel $ 300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 115 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 435 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Payments to Talmadge Memorial Hospital $ 1,104,000 Total Funds Budgeted $ 1,366,710 State Funds Budgeted $ 1,366,710 Total Positions Budgeted 20 17. Central Institutional Administration Budget: Personal Services $ 369,000 Regular Operating Expenses $ 27,192 Travel $ 18,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 4,200 Telecommunications $ 16,500 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 435,092 State Funds Budgeted $ 435,092 Total Positions Budgeted 19 18. Central Funds Budget: Personal Services $ 139,676 Regular Operating Expenses $ 77,204 Travel $ 50,000 Motor Vehicle Equipment Purchases $ 286,300 Publications and Printing $ 145,000 Equipment Purchases $ 20,716 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 80,000 Utilities $ -0- Authority Lease Rentals $ 840,000 Overtime $ 30,000 Court Costs $ 200,000 Inmate Release Funds $ 420,000 County Subsidy $ 4,667,500 County Subsidy for Jails $ 372,500 Outside Health Service Purchases $ 412,000 Central Repair Fund $ 450,000 Payments to Central State Hospital for Medical Services $ 950,000 Capital Outlay $ 447,500 Total Funds Budgeted $ 9,588,396 State Funds Budgeted $ 9,428,396 Total Positions Budgeted 8 19. Training and Staff Development Center Budget: Personal Services $ 289,818 Regular Operating Expenses $ 63,862 Travel $ 44,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 4,425 Computer Charges $ -0- Real Estate Rentals $ 25,200 Telecommunications $ 7,250 Per Diem, Fees and Contracts $ -0- Utilities $ 8,700 Total Funds Budgeted $ 443,955 State Funds Budgeted $ 264,703 Total Positions Budgeted 24 20. D.O.T. Work Details Budget: Personal Services $ 296,000 Regular Operating Expenses $ 8,632 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 $ 304,632 State Funds Budgeted $ -0- Total Positions Budgeted 24 21. Food Processing and Distribution Budget: Personal Services $ 1,328,880 Regular Operating Expenses $ 3,004,310 Travel $ 3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 215,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Payments to Central State Hospital for Meals $ 1,168,000 Payments to Central State Hospital for Utilities $ 7,700 Total Funds Budgeted $ 5,732,090 State Funds Budgeted $ 5,310,846 Total Positions Budgeted 128 22. Farm Operations Budget: Personal Services $ 402,000 Regular Operating Expenses $ 2,232,271 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 102,530 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 6,000 Utilities $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 2,742,801 State Funds Budgeted $ 2,717,801 Total Positions Budgeted 31 23. Probation Operations Budget: Personal Services $ 7,477,731 Regular Operating Expenses $ 185,618 Travel $ 322,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 72,925 Computer Charges $ -0- Real Estate Rentals $ 176,500 Telecommunications $ 150,800 Per Diem, Fees and Contracts $ -0- Utilities $ 6,000 Total Funds Budgeted $ 8,391,974 State Funds Budgeted $ 8,391,974 Total Positions Budgeted 552 24. Pre-release Centers Budget: Personal Services $ 1,300,000 Regular Operating Expenses $ 132,304 Travel $ 8,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 7,280 Computer Charges $ -0- Real Estate Rentals $ 240,000 Telecommunications $ 22,000 Per Diem, Fees and Contracts $ 19,700 Utilities $ 150,000 Total Funds Budgeted $ 1,879,784 State Funds Budgeted $ 1,879,784 Total Positions Budgeted 103 25. Restitution/Adjustment Centers Budget: Personal Services $ 1,650,000 Regular Operating Expenses $ 130,112 Travel $ 15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 13,000 Computer Charges $ -0- Real Estate Rentals $ 230,000 Telecommunications $ 30,000 Per Diem, Fees and Contracts $ 13,200 Utilities $ 85,000 Total Funds Budgeted $ 2,166,312 State Funds Budgeted $ 1,913,812 Total Positions Budgeted 134 26. Andromeda Center Budget: Personal Services $ 200,000 Regular Operating Expenses $ 59,156 Travel $ 2,950 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 29,000 Telecommunications $ 3,800 Per Diem, Fees and Contracts $ 9,900 Utilities $ 20,650 Total Funds Budgeted $ 325,456 State Funds Budgeted $ 130,183 Total Positions Budgeted 17 Budget Unit Object Classes: Personal Services $ 47,618,130 Regular Operating Expenses $ 9,964,675 Travel $ 594,650 Motor Vehicle Equipment Purchases $ 286,300 Publications and Printing $ 145,000 Equipment Purchases $ 752,973 Computer Charges $ 380,127 Real Estate Rentals $ 942,115 Telecommunications $ 649,485 Per Diem, Fees and Contracts $ 733,382 Utilities $ 2,738,350 Payments to Central State Hospital for Meals $ 1,168,000 Payments to Central State Hospital for Utilities $ 329,700 Overtime $ 30,000 Court Costs $ 200,000 Inmate Release Funds $ 420,000 County Subsidy $ 4,667,500 County Subsidy for Jails $ 372,500 Outside Health Service Purchases $ 412,000 Payments to Talmadge Memorial Hospital $ 1,104,000 Central Repair Fund $ 450,000 Payments to Central State Hospital for Medical Services $ 950,000 Authority Lease Rentals $ 840,000 Capital Outlay $ 477,500 Total Positions Budgeted 3,710 Authorized Motor Vehicles 403

"GA1979.1.1562">

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. It is the intent of this General Assembly that funds appropriated for county subsidy may be used to either supplement or supplant county funds, at the option of each county.

"GA1979.1.1563">

B. Budget Unit: Board of Pardons and Paroles $ 3,373,772 Board of Pardons and Paroles Budget: Personal Services $ 2,918,000 Regular Operating Expenses $ 74,926 Travel $ 180,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 31,680 Computer Charges $ -0- Real Estate Rentals $ 78,346 Telecommunications $ 67,620 Per Diem, Fees and Contracts $ 11,200 Total Funds Budgeted $ 3,373,772 State Funds Budgeted $ 3,373,772 Total Positions Budgeted 202 Budget Unit Object Classes: Personal Services $ 2,918,000 Regular Operating Expenses $ 74,926 Travel $ 180,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 31,680 Computer Charges $ -0- Real Estate Rentals $ 78,346 Telecommunications $ 67,620 Per Diem, Fees and Contracts $ 11,200 Total Positions Budgeted 202 Authorized Motor Vehicles 0 C. Budget Unit: Georgia Correctional Industries $ -0- Georgia Correctional Industries Budget: Personal Services $ 1,103,788 Regular Operating Expenses $ 485,650 Travel $ 27,000 Motor Vehicle Equipment Purchases $ 27,500 Publications and Printing $ 13,450 Equipment Purchases $ 450,000 Computer Charges $ 2,400 Real Estate Rentals $ 19,000 Telecommunications $ 34,000 Per Diem, Fees and Contracts $ 25,400 Cost of Sales $ 6,800,000 Repayment of Prior Year's Appropriations $ 40,000 Capital Outlay $ 418,512 Total Funds Budgeted $ 9,446,700 State Funds Budgeted $ -0- Total Positions Budgeted 66 Budget Unit Object Classes: Personal Services $ 1,103,788 Regular Operating Expenses $ 485,650 Travel $ 27,000 Motor Vehicle Equipment Purchases $ 27,500 Publications and Printing $ 13,450 Equipment Purchases $ 450,000 Computer Charges $ 2,400 Real Estate Rentals $ 19,000 Telecommunications $ 34,000 Per Diem, Fees and Contracts $ 25,400 Cost of Sales $ 6,800,000 Repayment of Prior Year's Appropriations $ 40,000 Capital Outlay $ 418,512 Total Positions Budgeted 66 Authorized Motor Vehicles 16

"GA1979.1.1564">

Section 35. Department of Public Safety. Budget Unit: Department of Public Safety $ 31,742,408 1. Office of Highway Safety Budget: Personal Services $ 311,250 Regular Operating Expenses $ 17,070 Travel $ 18,475 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,150 Equipment Purchases $ 1,950 Computer Charges $ 1,000 Real Estate Rentals $ 27,805 Telecommunications $ 11,800 Per Diem, Fees and Contracts $ -0- Postage $ 4,500 Total Funds Budgeted $ 400,000 State Funds Budgeted $ 100,000 Total Positions Budgeted 16 2. Administrative Support Budget: Personal Services $ 301,018 Regular Operating Expenses $ 28,291 Travel $ 6,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,000 Per Diem, Fees and Contracts $ 2,000 Postage $ 230 Total Funds Budgeted $ 373,239 State Funds Budgeted $ 363,239 Total Positions Budgeted 13 3. Staff Support Budget: Personal Services $ 1,576,288 Regular Operating Expenses $ 654,254 Travel $ 57,123 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 93,000 Equipment Purchases $ 14,000 Computer Charges $ 22,235 Real Estate Rentals $ -0- Telecommunications $ 59,000 Per Diem, Fees and Contracts $ 53,000 Postage $ 175,000 Total Funds Budgeted $ 2,703,900 State Funds Budgeted $ 2,582,900 Total Positions Budgeted 103 4. Georgia State Patrol Budget: Personal Services $ 21,179,000 Regular Operating Expenses $ 2,843,776 Travel $ 64,210 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 714,000 Equipment Purchases $ 70,000 Computer Charges $ 1,500,000 Real Estate Rentals $ 1,500 Telecommunications $ 560,000 Per Diem, Fees and Contracts $ 20,000 Postage $ 290,000 Conviction Reports $ 170,000 Capital Outlay $ 30,500 Total Funds Budgeted $ 27,442,986 Indirect DOAS Services Funding $ 1,500,000 State Funds Budgeted $ 25,845,544 Total Positions Budgeted 1,232 5. Georgia Peace Officers Standards and Training Budget: Personal Services $ 450,000 Regular Operating Expenses $ 1,763,797 Travel $ 24,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,658 Equipment Purchases $ -0- Computer Charges $ 51,983 Real Estate Rentals $ 32,262 Telecommunications $ 15,120 Per Diem, Fees and Contracts $ 21,200 Postage $ 3,000 Total Funds Budgeted $ 2,382,020 State Funds Budgeted $ 2,061,173 Total Positions Budgeted 24 6. Police Academy: Personal Services $ 332,804 Regular Operating Expenses $ 120,803 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 15,200 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 7,850 Per Diem, Fees and Contracts $ 146,015 Postage $ 1,500 Total Funds Budgeted $ 641,172 State Funds Budgeted $ 391,172 Total Positions Budgeted 16 7. Fire Academy: Personal Services $ 180,702 Regular Operating Expenses $ 21,796 Travel $ 10,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 15,182 Telecommunications $ 4,950 Per Diem, Fees and Contracts $ 65,000 Postage $ 3,000 Total Funds Budgeted $ 303,630 State Funds Budgeted $ 280,430 Total Positions Budgeted 10 8. Georgia Firefighter Standards and Training Council Budget: Personal Services $ 80,477 Regular Operating Expenses $ 6,073 Travel $ 8,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment Purchases $ 12,000 Computer Charges $ -0- Real Estate Rentals $ 1,500 Telecommunications $ 2,500 Per Diem, Fees and Contracts $ 3,000 Postage $ 600 Total Funds Budgeted $ 117,950 State Funds Budgeted $ 117,950 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 24,411,539 Regular Operating Expenses $ 5,455,860 Travel $ 194,308 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 866,808 Equipment Purchases $ 113,150 Computer Charges $ 1,575,218 Real Estate Rentals $ 78,249 Telecommunications $ 681,220 Per Diem, Fees and Contracts $ 310,215 Postage $ 477,830 Conviction Reports $ 170,000 Capital Outlay $ 30,500 Total Positions Budgeted 1,418 Authorized Motor Vehicles 894

"GA1979.1.1568">

Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police). Provided, however, that of the above appropriation for Conviction Reports, payment for conviction reports is not to exceed $.25 per conviction report. Provided that to the extent that Federal Funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers Standards and Training Activity of this Act, the Office of Planning and Budget is authorized and directed 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 36. 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

"GA1979.1.1569">

Section 37. Public Service Commission. Budget Unit: Public Service Commission $ 2,707,189 1. Administration Budget: Personal Services $ 580,600 Regular Operating Expenses $ 15,126 Travel $ 11,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 800 Computer Charges $ -0- Real Estate Rentals $ 49,440 Telecommunications $ 26,650 Per Diem, Fees and Contracts $ 1,800 Total Funds Budgeted $ 686,916 State Funds Budgeted $ 686,916 Total Positions Budgeted 25 2. Transportation Budget: Personal Services $ 713,752 Regular Operating Expenses $ 103,213 Travel $ 31,500 Motor Vehicle Equipment Purchases $ 40,600 Publications and Printing $ 3,450 Equipment Purchases $ 2,840 Computer Charges $ -0- Real Estate Rentals $ 34,150 Telecommunications $ 18,400 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 949,905 State Funds Budgeted $ 949,905 Total Positions Budgeted 45 3. Utilities Budget: Personal Services $ 890,987 Regular Operating Expenses $ 41,574 Travel $ 61,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,950 Equipment Purchases $ 800 Computer Charges $ -0- Real Estate Rentals $ 34,557 Telecommunications $ 34,500 Per Diem, Fees and Contracts $ 79,000 Total Funds Budgeted $ 1,145,368 State Funds Budgeted $ 1,070,368 Total Positions Budgeted 49 Budget Unit Object Classes: Personal Services $ 2,185,339 Regular Operating Expenses $ 159,913 Travel $ 104,000 Motor Vehicle Equipment Purchases $ 40,600 Publications and Printing $ 7,400 Equipment Purchases $ 4,440 Computer Charges $ -0- Real Estate Rentals $ 118,147 Telecommunications $ 79,550 Per Diem, Fees and Contracts $ 82,800 Total Positions Budgeted 119 Authorized Motor Vehicles 26

"GA1979.1.1570">

Provided that of the above appropriation, $13,825 is designated and committed for an emergency wire registration system for truckers. Section 38. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 360,532,731 1. Resident Instruction Budget: Personal Services: Education and General $ 276,906,318 Departmental Services $ 3,959,507 Sponsored Operations $ 45,802,145 Operating Expenses: Education and General $ 69,634,000 Departmental Services $ 4,266,423 Sponsored Operations $ 37,570,149 Teachers' Retirement $ 27,731,142 Authority Lease Rentals $ 20,858,000 Capital Outlay $ 2,000,000 Total Funds Budgeted $ 488,727,684 Less Agency Funds: Departmental Income $ 8,225,930 Sponsored Income $ 83,372,294 Other Funds $ 81,000,000 Auxiliary Income $ 2,774,000 Indirect Communication Charges $ 3,027,300 State Funds Budgeted $ 310,328,160 Total Positions Budgeted 15,989

"GA1979.1.1571">

Provided, that from appropriated funds in A, the amount of $20,858,000 in F.Y. 1980 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.

"GA1979.1.1572">

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 to provide 2 1/2% merit-type increases. 2. Marine Resources Extension Center Budget: Personal Services: Educational and General $ 337,064 Departmental Services $ -0- Sponsored Operations $ -0- Operating Expenses: Education and General $ 206,716 Departmental Services $ -0- Sponsored Operations $ -0- Total Funds Budgeted $ 543,780 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 47,000 Indirect DOAS Services Funding $ 9,800 State Funds Budgeted $ 486,980 Total Positions Budgeted 21 3. Skidaway Institute of Oceanography Budget: Personal Services: Education and General $ 500,808 Departmental Services $ -0- Sponsored Operations $ 606,000 Operating Expenses: Education and General $ 366,962 Departmental Services $ -0- Sponsored Operations $ 668,022 Total Funds Budgeted $ 2,141,792 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 1,274,022 Other Funds $ 160,670 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 707,100 Total Positions Budgeted 33 4. Marine Institute Budget: Personal Services: Education and General $ 232,374 Departmental Services $ -0- Sponsored Operations $ 391,473 Operating Expenses: Education and General $ 132,944 Departmental Services $ -0- Sponsored Operations $ 210,793 Total Funds Budgeted $ 967,584 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 602,266 Other Funds $ -0- Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 365,318 Total Positions Budgeted 17 5. Engineering Experiment Station Budget: Personal Services: Education and General $ 5,679,292 Departmental Services $ -0- Sponsored Operations $ 11,500,000 Operating Expenses: Education and General $ 2,459,011 Departmental Services $ -0- Sponsored Operations $ 8,200,000 Total Funds Budgeted $ 27,838,303 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 19,700,000 Other Funds $ 4,730,868 Indirect DOAS Services Funding $ 117,600 State Funds Budgeted $ 3,289,835 Total Positions Budgeted 273 6. Engineering Extension Division Budget: Personal Services: Education and General $ 722,583 Departmental Services $ -0- Sponsored Operations $ 35,000 Operating Expenses: Education and General $ 400,757 Departmental Services $ -0- Sponsored Operations $ 15,000 Total Funds Budgeted $ 1,173,340 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 50,000 Other Funds $ 714,160 Indirect DOAS Services Funding $ 12,200 State Funds Budgeted $ 396,980 Total Positions Budgeted 44 7. Agricultural Experiment Station Budget: Personal Services: Education and General $ 11,943,300 Departmental Services $ -0- Sponsored Operations $ 1,200,000 Operating Expenses: Education and General $ 4,602,400 Departmental Services $ -0- Sponsored Operations $ 1,300,000 Total Funds Budgeted $ 19,045,700 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 2,500,000 Other Funds $ 3,641,000 Indirect DOAS Services Funding $ 95,900 State Funds Budgeted $ 12,808,800 Total Positions Budgeted 805 8. Cooperative Extension Service Budget: Personal Services: Education and General $ 14,293,732 Departmental Services $ -0- Sponsored Operations $ 3,364,000 Operating Expenses: Education and General $ 1,735,568 Departmental Services $ -0- Sponsored Operations $ 1,136,000 Total Funds Budgeted $ 20,529,300 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 4,500,000 Other Funds $ 3,730,000 Indirect DOAS Services Funding $ 126,700 State Funds Budgeted $ 12,172,600 Total Positions Budgeted 911 9. Eugene Talmadge Memorial Hospital Budget: Personal Services: Education and General $ 26,184,580 Departmental Services $ 528,000 Sponsored Operations $ 1,778,460 Operating Expenses: Education and General $ 14,452,220 Departmental Services $ 180,000 Sponsored Operations $ 581,445 Capital Outlay $ -0- Total Funds Budgeted $ 43,704,705 Less Agency Funds: Departmental Income $ 708,000 Sponsored Income $ 2,359,905 Other Funds $ 20,543,500 Board of Corrections $ 1,104,000 Indirect DOAS Services Funding $ 193,500 State Funds Budgeted $ 18,795,800 Total Positions Budgeted 2,585 10. Veterinary Medicine Experiment Station Budget: Personal Services: Education and General $ 827,786 Departmental Services $ -0- Sponsored Operations $ -0- Operating Expenses: Education and General $ 353,372 Departmental Services $ -0- Sponsored Operations $ -0- Total Funds Budgeted $ 1,181,158 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ -0- Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 1,181,158 Total Positions Budgeted 33 Budget Unit Object Classes: Personal Services: Education and General $ 337,627,837 Departmental Services $ 4,487,507 Sponsored Operations $ 64,677,078 Operating Expenses: Education and General $ 94,343,950 Departmental Services $ 4,446,423 Sponsored Operations $ 49,681,409 Teachers' Retirement $ 27,731,142 Authority Lease Rentals $ 20,858,000 Capital Outlay $ 2,000,000 Total Positions Budgeted 20,711 B. Budget Unit: Regents Central Office $ 13,733,307 1. Regents Central Office Budget: Personal Services $ 1,953,000 Operating Expenses $ 583,763 SREB Payments $ 2,463,000 Medical Scholarships $ 448,000 Regents Opportunity Grants $ 500,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,387,184 Special Desegregation Programs $ 250,000 Satellite Medical Facility Program $ 500,000 Office of Minority Business Enterprise $ 100,000 Agricultural Research $ 60,000 Rental Payments to Georgia Military College $ 90,000 Total Funds Budgeted $ 12,534,947 State Funds Budgeted $ 12,534,947 Total Positions Budgeted 98 2. Family Practice Residency Program Budget: Personal Services $ 75,800 Operating Expenses $ 82,560 Capitation Contracts for Family Practice Residency $ 820,000 New Program Development Contracts for Family Practice Residency $ 120,000 Student Preceptorships $ 100,000 Total Funds Budgeted $ 1,198,360 State Funds Budgeted $ 1,198,360 Total Positions Budgeted 3 Budget Unit Object Classes: Personal Services $ 2,028,800 Operating Expenses $ 666,323 SREB Payments $ 2,463,000 Medical Scholarships $ 448,000 Regents Opportunity Grants $ 500,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,387,184 Special Desegregation Programs $ 250,000 Satellite Medical Facility Program $ 500,000 Office of Minority Business Enterprise $ 100,000 Agricultural Research $ 60,000 Rental Payments to Georgia Military College $ 90,000 Capitation Contracts for Family Practice Residency $ 820,000 New Program Development Contracts for Family Practice Residency $ 120,000 Student Preceptorships $ 100,000 Total Positions Budgeted 101 Authorized Motor Vehicles 0

"GA1979.1.1578">

Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $716 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, $100,000 is designated and committed for contracts with medical schools for a student preceptorship program. Provided, further, that each student participating in the program shall receive $500 and each family physician shall receive $500. Section 39. Department of Revenue. Budget Unit: Department of Revenue $ 23,549,101 1. Executive Administration Budget: Personal Services $ 782,336 County Tax Officials/Retirement and FICA $ 500,000 Regular Operating Expenses $ 149,919 Travel $ 14,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 190,000 Equipment Purchases $ 31,200 Computer Charges $ 6,000 Real Estate Rentals $ 650,100 Telecommunications $ 22,070 Per Diem, Fees and Contracts $ 4,500 Postage $ 100 Total Funds Budgeted $ 2,350,225 Indirect Georgia Building Authority Rents $ 500,000 State Funds Budgeted $ 1,850,225 Total Positions Budgeted 40 2. Motor Vehicle Administration Budget: Personal Services $ 3,779,459 Regular Operating Expenses $ 195,340 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 120,000 Equipment Purchases $ 12,000 Computer Charges $ 1,447,263 Real Estate Rentals $ -0- Telecommunications $ 59,000 Per Diem, Fees and Contracts $ -0- Motor Vehicle Tag Purchases $ 742,000 Motor Vehicle Decal Purchases $ 304,900 Postage $ 900,000 Total Funds Budgeted $ 7,565,962 Indirect DOAS Services Funding $ 1,000,000 State Funds Budgeted $ 6,565,962 Total Positions Budgeted 319

"GA1979.1.1579">

Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $742,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 797,000 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 $ 937,592 Regular Operating Expenses $ 31,583 Travel $ 69,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 67,000 Equipment Purchases $ 4,700 Computer Charges $ 300,000 Real Estate Rentals $ -0- Telecommunications $ 17,780 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 $ 12,000 Total Funds Budgeted $ 2,936,155 Repayment of Loans to Counties/Property Revaluation $ -0- Indirect DOAS Services Funding $ 250,000 State Funds Budgeted $ 2,686,155 Total Positions Budgeted 61

"GA1979.1.1580">

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 $ 1,025,421 Regular Operating Expenses $ 19,442 Travel $ 3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 58,000 Equipment Purchases $ 1,700 Computer Charges $ 360,836 Real Estate Rentals $ -0- Telecommunications $ 23,320 Per Diem, Fees and Contracts $ -0- Postage $ 70,000 Total Funds Budgeted $ 1,561,919 Indirect DOAS Services Funding $ 305,000 State Funds Budgeted $ 1,256,919 Total Positions Budgeted 82 5. Motor Fuel Taxation Budget: Personal Services $ 500,359 Regular Operating Expenses $ 7,918 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 1,800 Computer Charges $ 134,171 Real Estate Rentals $ -0- Telecommunications $ 12,730 Per Diem, Fees and Contracts $ -0- Postage $ -0- Total Funds Budgeted $ 689,478 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 589,478 Total Positions Budgeted 37 6. Income Taxation Budget: Personal Services $ 1,721,025 Regular Operating Expenses $ 74,550 Travel $ 3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 180,000 Equipment Purchases $ 7,950 Computer Charges $ 1,575,450 Real Estate Rentals $ -0- Telecommunications $ 34,540 Per Diem, Fees and Contracts $ -0- Postage $ 180,000 Total Funds Budgeted $ 3,776,715 Indirect DOAS Services Funding $ 1,500,000 State Funds Budgeted $ 2,276,715 Total Positions Budgeted 119 7. Alcohol and Tobacco Taxation Budget: Personal Services $ 1,593,520 Regular Operating Expenses $ 168,048 Travel $ 37,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,000 Equipment Purchases $ 800 Computer Charges $ 58,956 Real Estate Rentals $ -0- Telecommunications $ 40,750 Per Diem, Fees and Contracts $ -0- Postage $ 200 Total Funds Budgeted $ 1,913,274 Indirect DOAS Services Funding $ 50,000 State Funds Budgeted $ 1,863,274 Total Positions Budgeted July 1, 1979 100 Total Positions Budgeted June 30, 1980 65 8. Central Audit Budget: Personal Services $ 1,683,464 Regular Operating Expenses $ 10,225 Travel $ 306,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,200 Equipment Purchases $ 2,000 Computer Charges $ 2,208 Real Estate Rentals $ 9,975 Telecommunications $ 12,730 Per Diem, Fees and Contracts $ -0- Postage $ 100 Total Funds Budgeted $ 2,028,902 State Funds Budgeted $ 2,028,902 Total Positions Budgeted 78 9. Field Audit Services Budget: Personal Services $ 3,803,296 Regular Operating Expenses $ 58,580 Travel $ 240,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 7,425 Computer Charges $ 55,000 Real Estate Rentals $ 128,800 Telecommunications $ 132,870 Per Diem, Fees and Contracts $ -0- Postage $ 37,500 Total Funds Budgeted $ 4,481,471 Indirect DOAS Services Funding $ 50,000 State Funds Budgeted $ 4,431,471 Total Positions Budgeted 255 Budget Unit Object Classes: Personal Services $ 15,826,472 County Tax Officials/Retirement and FICA $ 500,000 Regular Operating Expenses $ 715,605 Travel $ 681,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 679,200 Equipment Purchases $ 69,575 Computer Charges $ 3,939,884 Real Estate Rentals $ 788,875 Telecommunications $ 355,790 Per Diem, Fees and Contracts $ 50,500 Loans to Counties/Property Reevaluation $ -0- Grants to Counties/Appraisal Staff $ 1,450,000 Motor Vehicle Tag Purchases $ 742,000 Motor Vehicle Decal Purchases $ 304,900 Intangible Tax Equalization Fund $ -0- Postage $ 1,199,900 Total Positions Budgeted July 1, 1979 1,091 Total Positions Budgeted June 30, 1980 1,056 Authorized Motor Vehicles 111

"GA1979.1.1583">

Section 40. Secretary of State. A. Budget Unit: Secretary of State $ 8,892,543 1. Occupational Certification Budget: Personal Services $ 1,815,085 Regular Operating Expenses $ 734,512 Travel $ 81,025 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 114,415 Equipment Purchases $ 12,685 Computer Charges $ -0- Real Estate Rentals $ 162,779 Telecommunications $ 53,110 Per Diem, Fees and Contracts $ 309,608 Total Funds Budgeted $ 3,288,219 State Funds Budgeted $ 3,288,219 Total Positions Budgeted 125

"GA1979.1.1584">

Occupational Certification Functional Budgets State Funds Cost of Operations Pos. Accounting $ 148,304 $ 200,940 2 Architect $ 39,957 $ 58,407 1 Athletic Trainers $ 2,271 $ 4,202 0 Auctioneers $ 4,485 $ 13,053 0 Barbers $ 82,494 $ 107,507 5 Chiropractic $ 4,135 $ 14,222 0 Cosmetology $ 236,567 $ 310,035 14 Dentistry $ 108,759 $ 159,730 3 Electrical Contractor $ 54,836 $ 73,315 3 Engineers $ 196,281 $ 270,277 6 Forestry $ 3,215 $ 14,558 0 Funeral Service $ 59,382 $ 80,075 3 Geology $ 10,980 $ 18,568 0 Hearing Aid $ 3,885 $ 15,223 0 Landscape Architect $ 4,921 $ 16,140 0 Librarians $ 920 $ 4,128 0 Marriage and Family Counselors $ 6,660 $ 22,283 0 Medical Examiners $ 441,108 $ 618,005 14 Nursing Home Administrators $ 12,675 $ 22,008 0 Board of Nursing $ 357,785 $ 480,896 13 Dispensing Opticians $ 7,074 $ 24,309 0 Optometry $ 5,945 $ 17,658 0 Occupational Therapy $ 3,615 $ 10,464 0 Pest Control $ 21,953 $ 30,500 1 Pharmacy $ 70,523 $ 171,321 3 Physical Therapy $ 13,135 $ 27,990 0 Plumbing Contractors $ 25,975 $ 33,965 1 Podiatry $ 1,385 $ 4,796 0 Polygraph Examiners $ 1,685 $ 14,877 0 Practical Nursing $ 86,232 $ 127,712 3 Private Detective $ 97,006 $ 200,831 7 Psychologists $ 8,885 $ 32,381 0 Recreation $ 2,285 $ 7,748 0 Sanitarian $ 2,699 $ 8,112 0 Speech Pathology $ 4,249 $ 21,556 0 Used Car Dealers $ 41,426 $ 140,912 2 Used Car Parts $ 3,920 $ 60,672 0 Veterinary $ 14,060 $ 27,829 0 Warm Air and Heating Contrators $ 19,435 $ 34,630 0 Wastewater $ 11,660 $ 25,943 0 Well Water $ 3,985 $ 10,498 0 Administration $ 661,971 $ 26 Investigative $ 399,496 $ 18 Total $ 3,288,219 $ 3,538,276 125

"GA1979.1.1586">

2. Securities Regulation Budget: Personal Services $ 308,605 Regular Operating Expenses $ 17,554 Travel $ 13,055 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 13,650 Telecommunications $ 6,360 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 361,724 State Funds Budgeted $ 361,724 Total Positions Budgeted 16 3. Corporations Regulation Budget: Personal Services $ 341,876 Regular Operating Expenses $ 48,088 Travel $ 1,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,400 Equipment Purchases $ -0- Computer Charges $ 38,000 Real Estate Rentals $ 46,913 Telecommunications $ 19,100 Per Diem, Fees and Contracts $ 15,000 Total Funds Budgeted $ 530,377 State Funds Budgeted $ 530,377 Total Positions Budgeted 27 4. Drugs and Narcotics Budget: Personal Services $ 324,113 Regular Operating Expenses $ 33,220 Travel $ 25,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 4,569 Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 392,202 State Funds Budgeted $ 392,202 Total Positions Budgeted 15 5. Archives and Records Budget: Personal Services $ 1,261,630 Regular Operating Expenses $ 139,639 Travel $ 23,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,000 Equipment Purchases $ 31,491 Computer Charges $ -0- Real Estate Rentals $ 25,918 Telecommunications $ 32,800 Per Diem, Fees and Contracts $ 2,000 Authority Lease Rentals $ 1,000,000 Total Funds Budgeted $ 2,533,478 State Funds Budgeted $ 2,513,478 Total Positions Budgeted 84 6. General Services Budget: Personal Services $ 563,229 Regular Operating Expenses $ 49,876 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 115,000 Equipment Purchases $ 5,485 Computer Charges $ -0- Real Estate Rentals $ 4,804 Telecommunications $ 15,000 Per Diem, Fees and Contracts $ 4,000 Total Funds Budgeted $ 759,394 State Funds Budgeted $ 759,394 Total Positions Budgeted 38 7. Internal Administration Budget: Personal Services $ 528,622 Regular Operating Expenses $ 78,328 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100,000 Equipment Purchases $ 1,548 Computer Charges $ 250 Real Estate Rentals $ 20,852 Telecommunications $ 11,250 Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 747,850 State Funds Budgeted $ 747,850 Total Positions Budgeted 30 8. State Campaign and Financial Disclosure Commission Budget: Personal Services $ 59,393 Regular Operating Expenses $ 10,850 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 906 Computer Charges $ -0- Real Estate Rentals $ 5,235 Telecommunications $ 4,000 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 105,384 State Funds Budgeted $ 105,384 Total Positions Budgeted 3 9. Elections and Campaign Disclosure Budget: Personal Services $ 159,151 Regular Operating Expenses $ 20,164 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,600 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 193,915 State Funds Budgeted $ 193,915 Total Positions Budgeted 10 Budget Unit Object Classes: Personal Services $ 5,361,704 Regular Operating Expenses $ 1,132,231 Travel $ 161,080 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 385,615 Equipment Purchases $ 52,115 Computer Charges $ 38,250 Real Estate Rentals $ 284,720 Telecommunications $ 150,220 Per Diem, Fees and Contracts $ 341,608 Authority Lease Rentals $ 1,000,000 Total Positions Budgeted 348 Authorized Motor Vehicles 59 B. Budget Unit: Real Estate Commission $ 698,661 Real Estate Commission Budget: Personal Services $ 329,394 Regular Operating Expenses $ 125,857 Travel $ 10,920 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 37,000 Equipment Purchases $ 6,090 Computer Charges $ 25,000 Real Estate Rentals $ 31,400 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 116,000 Total Funds Budgeted $ 698,661 State Funds Budgeted $ 698,661 Total Positions Budgeted 24

"GA1979.1.1590">

Real Estate Commission Functional Budget State Funds Cost of Operations Pos. Real Estate Commission $ 698,661 $ 756,949 24 Budget Unit Object Classes: Personal Services $ 329,394 Regular Operating Expenses $ 125,857 Travel $ 10,920 Motor Vehicle Equipment Purchases $ 5,000 Publications and Printing $ 37,000 Equipment Purchases $ 6,090 Computer Charges $ 25,000 Real Estate Rentals $ 31,400 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 116,000 Total Positions Budgeted 24 Authorized Motor Vehicles 7 Provided, that of the above appropriation for Travel in the Internal Administration Activity $3,000 is designated and committed for the Secretary of State to be used to explain the election process to interested citizens. Section 41. State Scholarship Commission. Budget Unit: State Scholarship Commission $ 13,440,000 1. Internal Administration Activity Budget: Personal Services $ 955,097 Regular Operating Expenses $ 75,750 Travel $ 21,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ 8,520 Computer Charges $ 118,608 Real Estate Rentals $ 68,157 Telecommunications $ 26,000 Per Diem, Fees and Contracts $ 97,758 Total Funds Budgeted $ 1,385,890 State Funds Budgeted $ -0- Total Positions Budgeted 60 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees $ 570,000 Total Funds Budgeted $ 570,000 State Funds Budgeted $ 540,000 Total Positions Budgeted 0 3. Higher Education Assistance Authority Budget: Direct Guaranteed Loans $ 2,605,000 Tuition Equalization Grants $ 8,429,100 State Student Incentive Scholarships $ 3,665,200 North Georgia College ROTC Grants $ 119,700 Total Funds Budgeted $ 14,819,000 State Funds Budgeted $ 12,864,000 Total Positions Budgeted 0 4. Law Enforcement Personnel Dependents Scholarship Program Budget: Law Enforcement Personnel Dependents Scholarships $ 36,000 Total Funds Budgeted $ 36,000 State Funds Budgeted $ 36,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 955,097 Regular Operating Expenses $ 75,750 Travel $ 21,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ 8,520 Computer Charges $ 118,608 Real Estate Rentals $ 68,157 Telecommunications $ 26,000 Per Diem, Fees and Contracts $ 97,758 Payment of Interest and Fees $ 570,000 Direct Guaranteed Loans $ 2,605,000 Tuition Equalization Grants $ 8,429,100 State Student Incentive Scholarships $ 3,665,200 Law Enforcement Personnel Dependents Scholarships $ 36,000 North Georgia College ROTC Grants $ 119,700 Total Positions Budgeted 60 Authorized Motor Vehicles 1

"GA1979.1.1592">

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 $30,000 is

"GA1979.1.1593">

designated and committed for the purpose of providing cancellable loans to students who are to become agricultural teachers. 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 1979-1980. 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 1980 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 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 $36,000 is designated and committed solely for the purpose of providing scholarships to children of law enforcement officers, firemen, and prison guards permanently disabled or killed in the line of duty, as provided by law.

"GA1979.1.1594">

Provided, that with approval of the Governor, the Higher Education Assistance Corporation is authorized to budget and use agency funds for the purpose of acquiring office facilities. Section 42. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 627,757 1. Soil and Water Conservation Central Office Budget: Personal Services $ 260,241 Regular Operating Expenses $ 31,560 Travel $ 34,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,100 Equipment Purchases $ 3,000 Computer Charges $ -0- Real Estate Rentals $ 13,861 Telecommunications $ 8,500 Per Diem, Fees and Contracts $ 124,300 Total Funds Budgeted $ 488,962 State Funds Budgeted $ 488,962 Total Positions Budgeted 12 2. Soil and Water Conservation Dam Safety Budget: Personal Services $ 89,900 Regular Operating Expenses $ 11,250 Travel $ 8,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,600 Equipment Purchases $ 3,937 Computer Charges $ -0- Real Estate Rentals $ 3,500 Telecommunications $ 2,500 Per Diem, Fees and Contracts $ 16,608 Total Funds Budgeted $ 138,795 State Funds Budgeted $ 138,795 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 350,141 Regular Operating Expenses $ 42,810 Travel $ 42,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,700 Equipment Purchases $ 6,937 Computer Charges $ -0- Real Estate Rentals $ 17,361 Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 140,908 Total Positions Budgeted 17 Authorized Motor Vehicles 2

"GA1979.1.1595">

Section 43. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 7,170,000 Departmental Operations Budget: Personal Services $ 1,019,000 Regular Operating Expenses $ 78,424 Travel $ 19,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,000 Equipment Purchases $ 7,375 Computer Charges $ 279,840 Telecommunications $ 27,000 Per Diem, Fees and Contracts $ 103,200 Floor Fund for Local Retirement Systems $ 700,000 Employer Contributions $ 6,470,000 Total Funds Budgeted $ 8,728,339 State Funds Budgeted $ 7,170,000 Total Positions Budgeted 60 Budget Unit Object Classes: Personal Services $ 1,019,000 Regular Operating Expenses $ 78,424 Travel $ 19,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,000 Equipment Purchases $ 7,375 Computer Charges $ 279,840 Telecommunications $ 27,000 Per Diem, Fees and Contracts $ 103,200 Floor Fund for Local Retirement Systems $ 700,000 Employer Contributions $ 6,470,000 Total Positions Budgeted 60 Authorized Motor Vehicles 0

"GA1979.1.1596">

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 $ 320,542,583 1. Planning and Construction Budget: Personal Services $ 58,145,502 Regular Operating Expenses $ 3,636,389 Travel $ 1,364,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200,000 Equipment Purchases $ 97,100 Computer Charges $ -0- Real Estate Rentals $ 31,650 Telecommunications $ 657,671 Per Diem, Fees and Contracts $ 2,606,069 Capital Outlay $ 246,973,465 State of Georgia General Obligation Debt Sinking Fund $ -0- Total Funds Budgeted $ 313,712,446 State Funds Budgeted $ 138,628,071 Total Positions Budgeted 3,348 2. Maintenance and Betterments Budget: Personal Services $ 42,623,450 Regular Operating Expenses $ 26,371,194 Travel $ 231,850 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 85,752 Per Diem, Fees and Contracts $ 891,300 Capital Outlay $ 48,000,000 State of Georgia General Obligation Debt Sinking Fund $ -0- Total Funds Budgeted $ 118,211,546 State Funds Budgeted $ 116,641,546 Total Positions Budgeted 3,563 3. Authorities Budget: Authority Lease Rentals $ 25,174,101 State of Georgia General Obligation Debt Sinking Fund $ 3,735,425 Total Funds Budgeted $ 28,909,526 State Funds Budgeted $ 28,909,526 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases $ 965,658 Equipment Purchases $ 2,053,000 Capital Outlay $ 303,014 Total Funds Budgeted $ 3,321,672 State Funds Budgeted $ 3,246,672 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 $ 6,173,422 Regular Operating Expenses $ 1,866,155 Travel $ 102,262 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 190,850 Equipment Purchases $ -0- Computer Charges $ 1,220,000 Real Estate Rentals $ 718,348 Telecommunications $ 160,722 Per Diem, Fees and Contracts $ 145,000 Total Funds Budgeted $ 10,576,759 State Funds Budgeted $ 10,576,759 Total Positions Budgeted 321

"GA1979.1.1598">

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,

"GA1979.1.1599">

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:

"GA1979.1.1600">

Planning and Construction Geodetic Control $ 275,000 Capital Outlay - Interstate Rehabilitation $ 14,000,000 Capital Outlay - Appalachian Highway $ 5,800,000 Capital Outlay - Paving State and Local Schools and State Institutions $ 750,000 Georgia Road Improvement Program $ 10,000,000 Paving State Parks and Historic Sites $ 300,000 Maintenance and Betterments Capital Outlay - Rehabilitation and Improvements Off-System $ 8,000,000 Capital Outlay - Rehabilitation On-System $ 4,194,587 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

"GA1979.1.1601">

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 $ 377,900 Regular Operating Expenses $ 282,244 Travel $ 11,500 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 $ 682,145 State Funds Budgeted $ 382,145 Total Positions Budgeted 17 9. Inter-Modal Transfer Facilities Budget: Personal Services $ 429,290 Regular Operating Expenses $ 20,932 Travel $ 27,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,000 Equipment Purchases $ 1,800 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 16,491 Per Diem, Fees and Contracts $ 206,838 Capital Outlay - Airport Development $ 500,000 Capital Outlay - Airport Operational Improvements $ 1,000,000 Mass Transit Grants $ 398,500 Total Funds Budgeted $ 2,623,851 State Funds Budgeted $ 2,573,851 Total Positions Budgeted 24 10. Harbor Maintenance Budget: Harbor Maintenance Payments $ 950,000 Total Funds Budgeted $ 950,000 State Funds Budgeted $ 950,000 Budget Unit Object Classes: Personal Services $ 107,749,564 Regular Operating Expenses $ 32,176,914 Travel $ 1,737,212 Motor Vehicle Equipment Purchases $ 965,658 Publications and Printing $ 422,050 Equipment Purchases $ 2,157,900 Computer Charges $ 1,220,000 Real Estate Rentals $ 749,999 Telecommunications $ 924,436 Per Diem, Fees and Contracts $ 3,849,707 Capital Outlay $ 295,276,479 Mass Transit Grants $ 398,500 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 950,000 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 25,174,101 Capital Outlay - Airport Development $ 500,000 State of Georgia General Obligation Debt Sinking Fund $ 3,735,425 Capital Outlay - Airport Operational Improvements $ 1,000,000 Total Positions Budgeted 7,273 Authorized Motor Vehicles 4,650

"GA1979.1.1602">

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.

"GA1979.1.1603">

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 $850,000 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 increased Personal Services costs contemplated in this Act, subject only to approval by the Office of Planning and Budget. Provided further, it is the intent of this General Assembly that positions classified as Transportation Engineer, Assistant be reassigned to pay grade 28. Provided further, it is the intent of this General Assembly that positions classified as Transportation Engineer, Associate be reassigned to pay grade 30. Provided, that of the above appropriation relative to the Inter-Modal Transfer Facilities budget, $25,000 is designated and committed for a rail relocation engineering study for Augusta and Richmond County. Section 45. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 7,899,130 1. Veterans Assistance Budget: Personal Services $ 2,384,140 Regular Operating Expenses $ 80,190 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 3,000 Computer Charges $ 400 Real Estate Rentals $ 94,610 Telecommunications $ 51,300 Per Diem, Fees and Contracts $ 7,000 Grants to Confederate Widows $ 6,600 Total Funds Budgeted $ 2,715,240 State Funds Budgeted $ 2,438,015 Total Positions Budgeted 168 Authorized Motor Vehicles 1 2. Veterans Home and Nursing Facility - Milledgeville Budget: Capital Outlay $ 25,000 Equipment Purchases $ 6,700 Regular Operating Expenses for Projects $ 9,000 Operating Expenses/Payments to Central State Hospital $ 5,048,860 Total Funds Budgeted $ 5,089,560 State Funds Budgeted $ 3,887,350 3. Veterans Nursing Home - Augusta Budget: Operating Expense/Payments to Medical College of Georgia $ 2,246,265 Total Funds Budgeted $ 2,246,265 State Funds Budgeted $ 1,573,765 Budget Unit Object Classes: Personal Services $ 2,384,140 Regular Operating Expenses $ 80,190 Travel $ 70,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 9,700 Computer Charges $ 400 Real Estate Rentals $ 94,610 Telecommunications $ 51,300 Per Diem, Fees and Contracts $ 7,000 Capital Outlay $ 25,000 Grants to Confederate Widows $ 6,600 Operating Expense/Payments to Central State Hospital $ 5,048,860 Operating Expense/Payments to Medical College of Georgia $ 2,246,265 Regular Operating Expenses for Projects $ 9,000 Total Positions Budgeted 168 Authorized Motor Vehicles 1

"GA1979.1.1605">

Section 46. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 2,797,000 1. Workers' Compensation Administration Budget: Personal Services $ 2,082,190 Regular Operating Expenses $ 76,601 Travel $ 38,000 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 21,700 Equipment Purchases $ 13,000 Computer Charges $ 94,600 Real Estate Rentals $ 197,813 Telecommunications $ 67,000 Per Diem, Fees and Contracts $ 10,000 Postage $ 36,000 Total Funds Budgeted $ 2,640,904 State Funds Budgeted $ 2,637,904 Total Positions Budgeted 118 2. Vocational Rehabilitation Budget: Personal Services $ 150,884 Regular Operating Expenses $ 1,412 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 159,096 State Funds Budgeted $ 159,096 Total Positions Budgeted 9 Budget Unit Object Classes: Personal Services $ 2,233,074 Regular Operating Expenses $ 78,013 Travel $ 44,000 Motor Vehicle Equipment Purchases $ 4,000 Publications and Printing $ 22,000 Equipment Purchases $ 13,500 Computer Charges $ 94,600 Real Estate Rentals $ 197,813 Telecommunications $ 67,000 Per Diem, Fees and Contracts $ 10,000 Postage $ 36,000 Total Positions Budgeted 127 Authorized Motor Vehicles 1

"GA1979.1.1606">

Section 47. State of Georgia General Obligation Debt Sinking Fund Budget Unit: State of Georgia General Obligation Debt Sinking Fund $ 37,272,828 Section 48. Salary increases. (a) In addition to all other appropriations for the fiscal year ending June 30, 1980, there is hereby appropriated $54,436,424 for the purpose of providing all of the salary increases described herein: for State employees, to include employees of the Department of Audits, the Judicial Branch, and the Georgia Building Authority, a 5-1/2% increase with a minimum increase of $500, effective July 1, 1979; for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, a 5-1/2% cost-of-living increase as authorized in Section 2 of said Act, effective July 1, 1979; for secretaries for whom salaries are set by Act 279 (H.B. 360) of the 1977 Regular Session of the Georgia General Assembly, a 6-1/2% increase, effective July 1, 1979; and for the University System employees a 6-1/2% increase, to be effective September 1, 1979, for academic contracted personnel, and to be effective July 1, 1979 for non-academic personnel, fiscal year contracted personnel and employees of the Athens and Tifton Veterinary Laboratories.

"GA1979.1.1607">

(b) In addition to all other appropriations for the fiscal year ending June 30, 1980, there is hereby appropriated $32,000,000 for providing 3% salary increases effective January 1, 1980, for University System non-academic personnel and State employees; effective December 1, 1979 for University System academic personnel; and effective December 1, 1979 or the beginning of the fourth pay period for schoolteachers. Provided, further that no funds shall be transferred from this Section without prior review and approval by the Legislative Budget Office. Section 49. In addition to all other appropriations for the fiscal year ending June 30, 1980, there is hereby appropriated $75,000,000 for the purpose of funding that certain Act of the 1979 Session of the Georgia General Assembly titled, in part, An Act to provide, from State appropriations, funds as grants to local public school systems for educational purposes (House Bill 95). Section 50. In addition to all other appropriations for the fiscal year ending June 30, 1980, there is hereby appropriated $1,200,000 for the purpose of increasing the Employer Contribution rate to 4.25% for the State Employees Health Insurance Program. Section 51. In addition to all other appropriations for the fiscal year ending June 30, 1980 there is hereby appropriated $1,985,355 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture. Provided, further, the Office of Planning and Budget is hereby authorized to transfer funds from this section to the Department's budget on a quarterly basis in an amount equal to that which the Department remits to the Fiscal Division of the Department of Administrative Services as a result of regional farmers' markets activities. 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.

"GA1979.1.1608">

Section 53. The Federal General Revenue Sharing 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. 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.

"GA1979.1.1609">

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. Section 59. Provided further that no State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network 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.

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The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds. Section 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 in the Budget Report submitted to the General Assembly at the 1979 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 1980, 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 the Budget Unit, and shall supersede the object classification shown in the Budget Report for F.Y. 1980 submitted to the General Assembly at the 1979 regular session.

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Section 63. It is the intent of the General Assembly that for the purposes of this Act, (1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and any other such vehicles for street and highway use, and (2) The number of authorized motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles, and (3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by this General Assembly. 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. 1980 $ 2,712,820,751 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 April 25, 1979.

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PUBLIC OFFICERS RECALL ACT. No. 670 (House Bill No. 239). AN ACT To establish uniform and exclusive procedures for the recall of persons holding elective State or local offices; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for the number of petitioners required to recall public officers; to provide for the application for a recall petition; to provide for the time of filing the application for a recall petition; to provide for recall petition forms; to provide for signatures and verification; to provide for the procedure for withdrawing signatures; to prohibit the circulation of recall petitions by certain persons; to provide for a special election following the resignation of an officer being recalled; to provide for the verification of signatures on the recall petition; to provide for the disposition of the recall petition; to provide for judicial review of actions by an election superintendent; to provide for the call and publication of a recall election; to provide for holding the recall election; to provide for a special election to fill vacancies created by recall; to prohibit subsequent recall elections within a certain period of time; to provide for the invalidation of recall petitions; to provide for the applicability of special election laws in connection with a recall election; to prohibit the signing of a recall petition for profit; to prohibit coercion and other unlawful acts; to provide for penalties; to provide for reports; to provide for other matters relative to the foregoing; to provide for rules and regulations; to provide that this Act shall be supplementary to other 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. Short title. This Act shall be known and may be cited as the Public Officers Recall Act. Section 2. Legislative intent. The General Assembly hereby finds that the electorate of the State of Georgia overwhelmingly ratified an amendment to the Constitution at the general election in November, 1978, to authorize the General Assembly of Georgia to

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provide by general law for uniform and exclusive procedures to recall public officials who hold elective office and to repeal all local recall laws and prohibit the future enactment of any local recall laws. In furtherance of the mandate of the electorate, the General Assembly hereby establishes uniform and exclusive procedures relating to the recall of all State and local officials who hold elective office by the provisions of this general law. Section 3. Definitions. As used in this Act: (a) Election superintendent means: (1) in the case of all elected State officers, except justices of the peace, the Secretary of State; (2) in the case of all elected county officers and justices of the peace, the county board of elections if a county has such or the judge of probate court, except that, if such judge of probate court is sought to be recalled, then the clerk of superior court; and (3) in the case of all elected municipal officers, the municipal clerk. (b) Elector means any person who possesses all of the qualifications for voting now or hereafter prescribed by the laws of this State and who has registered in accordance with the provisions of the Georgia Election Code or the Georgia Municipal Election Code. (c) Electoral district means the area in which the electors reside who are qualified to vote for any of the candidates offering for a particular office. Section 4. Officers subject to recall; number of petitioners. (a) Every public official who holds elective office, either by election or appointment, is subject to recall from office by the electors of the electoral district from which candidates are elected to that office. (1) In the case of a State officer whose electoral district encompasses the entire State, a number of electors equaling fifteen percent of the number of electors registered and qualified to vote at the last preceding general election for any candidate

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offering for the office held by the officer may, by recall petition, demand the recall of the officer. Of the fifteen percent of the number of electors as provided for herein, at least one-fifteenth of the electors must reside in each of the United States Congressional Districts in the State of Georgia as said Congressional Districts may now or hereinafter exist. (2) In the case of a State officer whose electoral district encompasses only a part of the State, or in the case of a local officer, a number of electors equaling thirty percent of the number of electors registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer may, by recall petition, demand the recall of the officer. (b) For the purposes of this Act: (1) elected county school board members and elected county school superintendents shall be considered county officers; and (2) elected education board members and elected school superintendents of any independent school system shall be considered municipal officers. (c) No recall petition shall demand the recall of more than one public official. Section 5. Application for recall petition; time of filing application. (a) No application for a recall petition may be filed during the first 180 days or during the last 180 days of the term of office of any public official subject to recall. (b) The application shall include: (1) the name, title and office of the person sought to be recalled; (2) the signatures, addresses and election district of at least one hundred electors or ten percent of the number of electors, whichever is smaller, who were registered to vote at the last preceding general election for any of the candidates offering for

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the office held by the public official sought to be recalled and who shall serve as the official sponsors of the recall petition; (3) the designation of one of the sponsors as the Petition Chairman who shall represent the sponsors on all matters pertaining to the recall application and petition. (c) Sponsors of a recall petition, before causing the petition to be circulated, shall submit the application for the petition to the election superintendent designated in Section 3 and request official recall petition forms. (d) On receipt of the application, the election superintendent shall forthwith officially file the application, issue official recall petition forms, assign a number to the recall petition, which number shall appear on the face of each petition form, and issue that number to the sponsors. A record of each application, including the date of its receipt and the number assigned and issued to the sponsors, shall be maintained by the election superintendent. (e) The election superintendent shall immediately notify in writing the public officer named for recall in the application that a recall petition has been officially issued for circulation. (f) The official recall petition forms shall be printed by the office of Secretary of State and distributed to election superintendents. The form of the petition shall be as provided herein. Section 6. Recall petition forms. The form of the recall petition shall be substantially as follows: Recall Petition

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Each petition shall include a warning statement setting forth the provisions of Section 17. Section 7. Signatures and verification. (a) All signatures of petitioners on a single recall petition sheet shall be those of electors who are registered to vote for candidates offering for the office involved. When a petition for the recall of a public official is circulated in more than one county, each sheet of the petition shall bear the name of the county in which it is circulated, and only electors of the designated county may sign such sheet. (b) Every elector signing a recall petition shall do so in the presence of the person circulating the petition who is to execute the affidavit of verification on the reverse side of the petition form. At the time of signing, the elector shall sign his name as it appears on the registration books, and such elector or the person circulating the petition shall print the name of the elector below the elector's signature and shall print or write in the appropriate spaces following the signature the elector's residence address, giving street and number if any, the name of the election district in which the elector is registered

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to vote, and the date on which the elector signed the petition. If the information required on the petition sheet to accompany a signature is incomplete or the signature and printed name of the elector are not as the name appears on the registration books, the signature of the elector shall not be counted in determining the legal sufficiency of the petition. (c) If an elector is incapable of signing his own name, he may specifically request the circulator of the petition to sign and print his name and complete the information required on the petition sheet to accompany the signature; provided, however, the circulator shall also sign his name beside the printed name of such elector. (d) The person before whom the electors signed the recall petition, in an affidavit subscribed and sworn to by him before a notary public, shall verify that each of the names on the petition form was signed in his presence on the date indicated, and that in his belief each signer was an elector of the electoral district of the officer sought to be recalled. (e) The affidavit printed on the reverse side of each recall petition form shall be in the following form: Affidavit of Circulator

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Section 8. Procedure for withdrawing signatures. (a) At any time prior to the date the recall petition is filed for verification, an elector who has signed a recall petition form may withdraw his signature from the petition by executing and filing an affidavit, in the form prescribed by this Section, with the election superintendent specified in Section 3 of this Act. Any signature so withdrawn shall not be counted in determining the legal sufficiency of the petition. The affidavit shall: (1) be signed and sworn to before a notary public; (2) be in the name of the elector as it appears on the registration books; (3) state the elector's residence address, giving street and number if any, the name of the election district in which he is registered to vote, and the number of the petition which he signed; (4) affirm the elector's intention to withdraw his signature from the petition. (b) The affidavit shall be substantially in the following form: Affidavit of signature withdrawal

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Section 9. Prohibition on circulating of recall petitions by certain persons. No registration officer or other person authorized by law to register electors, and no person other than an elector of the electoral district of the officer sought to be recalled, shall circulate a recall petition. All signatures obtained by any such unqualified person shall be void and shall not be counted in determining the legal sufficiency of the petition. Section 10. Resignation of officer being recalled; special election. Except as otherwise provided by the Constitution, if an office-holder resigns subsequent to the filing of an application to circulate a recall petition or within five days following the filing of a recall petition for verification, no recall election shall be conducted and the appropriate State or local official shall call a special election within ten days after the date of acceptance of the resignation to fill the vacancy. If no official is specifically designated by law or if the appropriate official has resigned as provided herein, the Governor shall issue the call for a special election to fill the vacancy created by the resignation. The special election shall be held at least thirty days but not more than forty-five days following the call. Section 11. Verification of signatures on the recall petition; disposition of recall petition. (a) The election superintendent shall be responsible for determining the legal sufficiency of the recall petition within thirty days after it has been submitted to him for verification of the signatures to the recall petition. The election superintendent is hereby granted unrestricted authority to examine the registration records maintained by the board of registrars for the purpose of verifying the signatures on the recall petition. (b) A recall petition shall not be accepted for verification for a statewide office if more than 120 days have elapsed since the date the application for a recall petition was officially filed by the sponsors, nor shall the recall petition be accepted for any other office if more than 90 days have elapsed since the date the application for a recall petition was officially filed by the sponsors. (c) No recall petition shall be amended, supplemented or returned. (d) Within five days, excluding Saturday, Sunday and legal holidays, after the election superintendent has certified the legal sufficiency

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of a petition, he shall forthwith notify the Governor or the appropriate official who shall call the recall election as provided in Section 13. (e) Upon certifying the legal sufficiency or insufficiency of a recall petition, the election superintendent shall immediately notify the Petition Chairman and the officeholder in writing of the results and officially file the petition. Section 12. Judicial review of actions by election superintendent. (a) If the election superintendent fails to comply with any of the provisions of this Act, any elector may apply, within ten days after such refusal, to the superior court for a writ of mandamus to compel him to perform his official duties. If the court finds that the election superintendent has not complied with any of the provisions of this Act, the court shall issue an order for the election superintendent to comply. (b) An action against an election superintendent shall be filed in the superior court of the county of such election superintendent except that an action against the Secretary of State shall be filed in the Superior Court of Fulton County, Georgia. Section 13. Call for recall election. (a) Within ten days after receiving certification of the sufficiency of the recall petition from the election superintendent, a recall election shall be called and published as hereinafter provided and shall be conducted not less than thirty days nor more than forty-five days after such call. Provided, however, if a primary or general election is to be held not less than thirty days nor more than forty-five days after such call is issued, the recall election shall be conducted on that date. (b) A recall election shall be called: (1) by the Governor, if for a State officer; (2) by the election superintendent of the county, if for a county officer or justice of the peace; (3) by the mayor of the municipality, if for a municipal officer.

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(c) If a recall petition is against an officer who is directed by this Section to call the election, it shall be called: (1) by the Secretary of State, if for the Governor; (2) by the clerk of the superior court, if for the judge of probate court and such judge serves as the election superintendent of the county; (3) by the election superintendent of the county, if for the mayor of a city. (d) The official call for such election shall be published one time as follows: (1) in a newspaper of general circulation in the electoral district, if such election is for a State officer other than a justice of the peace; (2) in the official organ of the county, if such election is for a county officer or justice of the peace; or (3) in the official gazette of the municipality, if such election is for a municipal officer. (e) It shall be the duty of the appropriate official authorized by law to conduct elections to hold and conduct the recall election and to declare and certify the results. The ballot for the recall election shall state the name and office of the person whose recall has been petitioned, and the ballot shall be in the form prescribed by law for State, county or municipal officers. The ballot shall have written or printed thereon the following: [] YES [] NO Shall (name of office holder), (name of office), be recalled and removed from public office? If more than one public officer is subject to a recall election in the same election district, the election superintendent may prepare a recall ballot so as to include on a single ballot separate recall questions for each of the officers sought to be recalled.

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Those persons desiring to vote in favor of recall shall vote Yes, and those persons desiring to vote against recall shall vote No. If more than one-half of the votes cast on such question are in favor of recall, the public office in question shall immediately become vacant. Otherwise, the public official named in the recall petition shall continue in office. (f) Except as otherwise provided by the Constitution, a special election shall be called by the appropriate State or local official to fill a vacancy created by recall. The special election shall be called within ten days after the date of the recall election and shall be conducted at least thirty days but not more than forty-five days following the call. If no official is specifically designated by law or if the appropriate official has been recalled, the Governor shall issue the call for a special election to fill the vacancy created by recall. Any person who has been recalled from office under the provisions of this Act shall be eligible to offer for election to fill the vacancy created by recall. Section 14. Subsequent recall elections; invalid recall petitions. After a recall petition and election, no further recall petition shall be filed against the same officer until at least six months have elapsed from the date of the previous recall election and any other recall petitions outstanding on the date of the recall election shall be void. Section 15. Special election laws applicable. The powers, duties and penalties conferred or imposed by law upon public officials who conduct special elections are hereby conferred and imposed upon public officials conducting recall elections. All such elections shall be conducted in the same manner as special elections and in accordance with the provisions of the Georgia Election Code or the Georgia Municipal Election Code. No employee of the State shall circulate a recall petition. Section 16. Financial disclosure reports. Any sponsors circulating petitions under the provisions of this Act shall be subject to the provisions of The Campaign and Financial Disclosure Act, approved March 5, 1974 (Ga. Laws 1974, p. 155), as now or hereafter amended, in the same manner as candidates, and the Petition Chairman shall file the reports required to be filed under the provisions of said Act and shall be subject to the same restrictions, qualifications, and provisions contained in such Act.

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Section 17. Prohibition on signing recall petition for profit; penalties. Any person who gives or receives money or any other thing of value for signing a recall petition or for signing an affidavit of signature withdrawal is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars or by imprisonment not to exceed twelve months, or both. Section 18. Coercion or other unlawful acts; penalties. (a) A person who, by menace or threat either directly or indirectly, induces or compels or attempts to induce or compel any other person to sign or subscribe or to refrain from signing or subscribing his name to a recall petition or, after signing or subscribing his name, to have his name taken therefrom shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars or by imprisonment not to exceed twelve months, or both. (b) A person who signs any name other than his own to a petition, except in a circumstance where he signs for a person in the presence of and at the specific request of such person who is incapable of signing his own name, or who knowingly signs his name more than once for the same recall petition, or who knowingly is not at the time of signing a qualified elector of the electoral district of the officer sought to be recalled shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars or by imprisonment not to exceed twelve months, or both. Section 19. Rules and regulations. The Secretary of State is hereby authorized to promulgate such rules and regulations as are necessary to carry out the provisions of this Act. Section 20. Act supplementary to other laws. The provisions of this Act are supplementary to any other methods provided by law for removing a public official from office, and nothing herein shall be construed as abridging or repealing such laws. Section 21. 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

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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 22. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 23. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1979. MOTOR VEHICLE, FARM MACHINERY AND CONSTRUCTION EQUIPMENT FRANCHISE PRACTICES ACT AMENDED. Code Chapter 84-66 Amended. No. 671 (House Bill No. 600). AN ACT To amend Code Chapter 84-66 known as the Motor Vehicle, Farm Machinery and Construction Equipment Franchise Practices Act, as amended, so as to change the definitions of construction equipment and farm machinery to include only motorized equipment; to amend the definition of dealer to include franchisors under certain conditions; to repeal the definition of community or territory and to enact a definition of relevant market area; to define franchisor and licensee; to change the amounts charged as fees; to change the grounds and procedures for denial, censure, suspension, or revocation of a license; to provide that warranty obligations shall be fulfilled and to provide procedures therefor;

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to provide for exemptions from the provisions of said Chapter; to provide for practices and procedures; to provide that matters accruing under prior law shall not abate; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-66 known as the Motor Vehicle, Farm Machinery and Construction Equipment Franchise Practices Act, as amended, is hereby amended by striking paragraphs (b), (c), and (s) from Code Section 84-6603 and substituting in lieu thereof new paragraphs (b), (c), and (s) to read as follows: (b) `Construction Equipment' means that motorized equipment including attachments thereto and including equipment pulled, drawn, or pushed by motorized equipment which is used in the construction or maintenance of such items as housing, roads, highways, and bridges, as well as equipment used in the fields of mining, dredging, concrete production, and sewer and water line construction. (c) `Farm Machinery' means motorized equipment including attachments thereto and equipment pulled, drawn, or pushed by motorized equipment which is used in the production, handling, or processing of farm crops, fruit crops, forest products, livestock, and poultry. (s) `Relevant Market Area' shall mean the geographical area identified as the dealer's sales area which is identified in the franchise. If there is no sales area identified in the franchise, then `relevant market area' shall mean an area which shall encompass a circle, the radius of which shall be 10 miles from the dealer's present place of business., and by adding to the end of paragraph (d) to the definition of dealer the following: Such term shall also include any manufacturer, distributor, or wholesaler selling motor vehicles, construction equipment, or farm machinery directly to nondealers.,

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and by adding at the end thereof two new paragraphs (t) and (u) to read as follows: (t) `Licensee' shall mean any person who obtains a license under this Chapter. (u) `Franchisor' shall mean any person or his representative granting to another a franchise. Section 2. Said Code Chapter is further amended by striking Code Section 84-6609 in its entirety and inserting in lieu thereof a new Code Section 84-6609, to read as follows: 84-6609. Fees. The schedule of license fees to be charged and received by the Commission for the licenses issued under this Chapter shall be as follows: (a) for each manufacturer, distributor, wholesaler, or their branches or divisions, $100.00; or (b) for each dealer, $50.00; or (c) for each factory representative, or distributor representative, $25.00. Applications for licenses shall be submitted to the Commission within ninety (90) days after the effective date of this Chapter and all licenses shall be renewed by the last day of November of each even-numbered year. Provided that any firm, person, or corporation required to be licensed hereunder who fails to make application for such licenses at the time required herein, shall pay a penalty of 50 percent of the amount of the license fee which should have been paid. Section 3. Said Code Chapter is further amended by striking Code Section 84-6610 in its entirety and substituting in lieu thereof a new Code Section 84-6610 to read as follows: 84-6610. Denial, Censure, Suspension, or Revocation of License. (a) General Grounds. The Commission may deny an application for any license, or censure, suspend, or revoke any license after it has been granted for any of the following reasons:

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(1) For any violation by the applicant or licensee of any of the laws of Georgia affecting the sale of motor vehicles, construction equipment, or farm machinery or the operation of the business or service for which the application is made or the license granted; or (2) For any fraudulent or material misstatement by an applicant or licensee in any application for a license, in any report or other filing with the Commission, or in any hearing before the Commission; or (3) For any willful failure to comply with the provisions of this Chapter or any rule or regulation adopted or promulgated by the Commission under the authority vested in it by this Chapter; or (4) For failing to act in good faith in the negotiation for or performance of any franchise or any term thereof. Any licensee, member of the Commission, or public official may oppose the granting or continuance of any license upon the filing of a written protest specifying the grounds of objection with the Commission and serving a copy on the applicant or licensee. When such a protest is filed, the Commission shall inform the applicant or licensee that the protest is pending and that hearing is required pursuant to Code Section 84-6611. If an application is denied or a license is revoked by the Commission under any provision of this Code Chapter, that person may not reapply for any license provided for in this Chapter for a period of time to be set by the Commission in its findings; provided, however, the time period shall not be more than 24 months from the date of the Commission's action. The Commission may limit the denial, revocation, or suspension of any license to any particular geographic area or to any segment of the licensee's business and, where a denial, revocation, or suspension is ordered, the Commission may phrase its order to protect the rights of other licensees or persons doing business with the licensee whose license is affected by the order.

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(b) Revocation of Dealer's License. In addition to the grounds for revocation set forth in subsection (a) above, the Commission may suspend or revoke the license of any dealer who: (1) Has knowingly represented or sold as new and unused any motor vehicle which has been operated for demonstration purposes or which otherwise has been used; or (2) Has knowingly purchased, sold, or otherwise acquired or disposed of a stolen motor vehicle; or (3) Has knowingly violated any provisions of this Chapter, or any rule or regulation adopted and promulgated by the Commission under the authority vested in it by this Chapter. Any licensee, member of the Commission, or public official may protest the continuance of a dealer's license for any of the grounds set forth herein or in subsection (a) above by filing a written protest specifying the grounds of objection with the Commission and serving a copy on the applicant or licensee. When such a protest is filed, the Commission shall inform the applicant or licensee that a protest is pending and that a hearing is required pursuant to Code Section 84-6611. (c) Revocation of Licenses Issued to Franchisors. In addition to the grounds for revocation set forth in subsection (a) above, the Commission may, notwithstanding the terms of any franchise agreement, suspend or revoke the license of any franchisor who fails to comply with the provision of this Section in terminating, canceling, or refusing to renew a franchise or in establishing or relocating a dealer or who fails to comply with the provisions of this Section concerning warranty reimbursements. (1) A franchisor shall not terminate, cancel, or refuse to renew a franchise unless: (A) The dealer and the Commission have received written notice specifying the grounds for such action from the franchisor as follows: (i) At least 60 days before the effective date thereof; or

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(ii) At least 20 days before the effective date thereof only if the specific grounds therefor are among the following and the notice provides the full details then available to the franchisor: (a) Transfer of any ownership or interest in the franchise without the consent of the franchisor, which consent shall not be unreasonably withheld; or (b) Misrepresentation by the dealer in applying for the franchise; or (c) Insolvency of the dealer or filing of any petition by or against the dealer under any bankruptcy or receivership law; or (d) Any violation of this Chapter after written notice thereof to the Commission; or (B) The Commission finds that there is good cause for termination, cancellation, or refusal to renew, following a hearing pursuant to Code Section 84-6611 of this Chapter. The dealer may file a protest with the Commission within 30 days after receiving a 60 day notice, or within 10 days after receiving a 20 day notice. When such a protest is filed, the Commission shall advise the franchisor that a timely protest has been filed, that a hearing is required within sixty days following receipt of the protest pursuant to Code Section 84-6611, and that the franchisor may not terminate, cancel, or refuse to renew until the Commission makes its findings following the hearing or thereafter if the Commission findings are against the termination, cancellation, or refusal to renew the franchise. (2) Notwithstanding the provisions of paragraph (1) above, a franchisor may terminate, cancel, or refuse to renew a franchise if the franchisor has received the written consent of the dealer or the appropriate period for filing a protest under paragraph (1) has elapsed without such a protest being filed; provided, however, that no term of the franchise itself will be construed as providing the written consent required by this paragraph.

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If a protest is filed to a replacement of an existing franchise, the existing franchise shall continue in effect until such time as the protest is heard and resolved by the Commission. (3) A proposed modification of a franchise demanded by the franchisor which would substantially affect dealer sales or service obligations or investment in the franchise shall be considered a termination of the franchise. Unless the franchisor is acting for good cause, a refusal to approve the sale or transfer of any interest in the dealer's business or a refusal to approve the assumption of a dealership by the family or heirs of a deceased or incapacitated dealer shall be considered a termination of the franchise. (4) In determining whether `good cause' has been established as required in this subsection, the Commission shall take into consideration the existing circumstances, including, but not limited to: (A) The amount of business transacted by the dealer as compared to the business available to the dealer; (B) The investment necessarily made and obligations incurred by the dealer to perform its part of the franchise; (C) The permanency of the investment; (D) Whether it is injurious or beneficial to the public welfare for the franchise to be modified or replaced or the business of the dealer disrupted; (E) Whether the dealer has adequate motor vehicle sales and service facilities, equipment, vehicle parts, and qualified service personnel to reasonably provide for the needs of the consumers for the motor vehicles handled by the dealer and has been and is rendering adequate services to the public; (F) Whether the dealer adequately fulfills the warranty obligations of the franchisor to be performed by the dealer;

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(G) The extent of the dealer's failure to comply with the terms of the franchise; (H) If the transaction involves a transfer of the dealership, the financial ability and qualifications of the persons involved. (5) A franchisor shall not enter into a franchise which establishes a new dealer or relocates an existing dealer into or within a relevant market area where the same line-make is then represented in that relevant market area by one or more existing dealers unless: (A) Each such existing dealer and the Commission have received written notice from the franchisor of its intention at least 60 days prior to the proposed effective date thereof and no protest has been filed within the time permitted as specified below; or (B) If a protest is filed, the Commission finds (following a hearing within sixty days following receipt of the protest and called pursuant to Code Section 84-6611) that there is good cause for establishing a new dealer or relocating the existing dealer. Any existing dealer located within the relevant market area or Commission member may file a protest with the Commission within 30 days after receiving the 60 day notice. When such a protest is filed, the Commission shall inform the franchisor that a timely protest has been filed, that a hearing is required pursuant to Code Section 84-6611, and that the franchisor shall not establish or relocate the proposed dealer until the Commission makes its findings following the hearing, nor thereafter if the Commission's findings are against the establishment or relocation of the dealer. (C) For the purposes of this paragraph, the reopening in a relevant market area of a dealer that has not been in operation for one year or more shall be deemed the establishment of an additional dealer. (D) With respect to the relocation of an existing dealer, this paragraph shall not apply to any relocation

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which is less than one mile from the existing location of the dealer and which is to a location within the same relevant market area within the same city where the existing dealer is located. (E) A franchisor may establish or relocate a dealer within a relevant market area if the franchisor has received written consent of each dealer within that relevant market area for the same line-make of motor vehicle or if the appropriate period for filing a protest has elapsed without such a protest being filed; provided, however, that no term of the franchise itself will be construed as providing the written consent required by this paragraph. (F) In determining whether `good cause' has been established as required in this paragraph, the Commission shall take into consideration the existing circumstances, including, but not limited to: (i) The permanency of the investment; (ii) The effect on the motor vehicle business and the consuming public in the relevant market area; (iii) Whether it is injurious to the public welfare for an additional dealer to be established; (iv) Whether the dealers of the same line-make in that relevant market area are providing adequate competition and convenient consumer care for the motor vehicles of the line-make in the market area which shall include the adequacy of motor vehicle sales and service facilities, equipment, supply vehicle parts, and qualified service personnel; (v) Whether the establishment or relocation of the proposed dealer would increase competition and therefore be in the public interest. (6) Every franchisor shall properly fulfill every warranty agreement made by it and shall adequately and fairly compensate each of its dealers for labor and parts and other incidental

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expenses incurred by the dealer in fulfilling the warranty obligations of repair and service. Each franchisor shall file a copy of its warranty reimbursement schedule or formula with the Commission and shall adhere to that schedule or formula in compensating its dealers for warranty work performed by them. Any such warranty reimbursement schedule or formula shall be reasonable with respect to the time and compensation allowed to the dealer for the warranty work performed by him. The reasonableness thereof shall be subject to the determination of the Commission. If a dealer or a member of the Commission files a notice of protest with the Commission objecting to any warranty reimbursement schedule or formula filed, the Commission shall inform the franchisor that a hearing is required in regard to the reasonableness of the warranty reimbursement schedule or formula and such hearing shall be conducted pursuant to Code Section 84-6611 of this Chapter. In determining the adequacy and fairness and reasonableness of such warranty reimbursement schedule or formula, the Commission shall consider the time required to perform such warranty work and the dealer's effective labor rate and the effective labor rate for other comparable dealers in the relevant market area, together with other relevant criteria. All franchisors shall fulfill all warranties given and shall adhere to its warranty reimbursement schedule or formula and a failure to do either shall be grounds for revocation, censure, or suspension of the franchisor's license. Section 4 . Said Code Chapter is further amended by adding, following Code Section 84-6612, a new Code Section 84-6612.1, to read as follows: 84-6612.1. Exemptions from Chapter. The provisions of this Chapter shall not apply to any farm machinery dealer who has a gross revenue of $250,000.00 per annum or less unless such farm machinery dealer elects in writing to come under the provisions of this Chapter and files such writing with the Commission and pays the fees required by this Chapter. No such farm machinery dealer electing to come under the provisions of this Chapter may request a hearing before the Commissioner unless he has been licensed under this Chapter for a period of one year and has paid all fees required under this Chapter.

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Section 5 . Any cause of action, complaint, petition, protest, or other right accruing under Code Chapter 84-66 as enacted by an Act approved April 1, 1976, and found in Georgia Laws 1976 at page 1440 et seq., as amended, known as the Motor Vehicle, Farm Machinery and Construction Equipment Franchise Practices Act, as such existed prior to this amendment shall not lapse, abate, or terminate and the same are hereby specifically preserved. All such matters pending under the prior law, whether pending administratively or in a court of law, shall, to the extent permitted by law, be heard and determined according to the provisions of this Act, otherwise such matters shall be heard and determined under the law as it existed prior to this amendment. This Act shall be applied in pari materia with the previous law and shall not be interpreted to deny any person any vested right accruing under the prior law. 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 25, 1979.

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SHORE ASSISTANCE ACT OF 1979. No. 672 (House Bill No. 376). AN ACT To provide for certain matters relative to shore assistance; to provide a short title; to provide for legislative intent and findings; to provide for definitions; to provide for jurisdiction of the Act; to provide for the requirement of permits for shoreline engineering activities, structures, and land alterations; to provide for exceptions to the requirement for permits; to provide for contents of permit applications; to provide a time period in which the permit-issuing authority must act; to provide for waiver of the time period at the option of the applicant; to provide notification of the application to certain persons; to provide a time period in which the proposed project must be completed; to provide for extension of such time period upon a showing of due effort and diligence; to provide for the issuance of permits in certain areas and for certain activities and to establish criteria for issuing permits; to provide assessment tools and techniques to be used in the evaluation of permit applications; to provide for conditions of such permits; to provide for the display and posting of permits; to provide for the creation, composition and powers of the Shore Assistance Committee; to provide the authority for the Board of Natural Resources to delegate certain powers of the Committee to local units of government; to provide that such delegation of powers may be rescinded by the Board; to provide that certain powers of the Committee may not be delegated; to provide for administrative and judicial review of certain orders and actions and to provide procedures for such review; to provide for enforcement of the Act by the Department of Natural Resources by administrative orders, emergency orders, and injunctive relief; to provide for jurisdiction of injunction actions; to provide for civil penalties; to provide for the Department to render technical assistance; to provide that local units of government may enact more restrictive ordinances; 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. Be it enacted by the General Assembly of Georgia:

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Section 1. Short Title. This Act shall be known and may be cited as the Shore Assistance Act of 1979. Section 2. Legislative Findings. The General Assembly hereby finds and declares that coastal sand dunes, beaches, sandbars and shoals comprise a vital natural resource system, known as the sand-sharing system, which acts as a buffer to protect real and personal property and natural resources from the damaging effects of floods, winds, tides and erosion. It is recognized that the coastal sand dunes are the most inland portion of the sand-sharing system and that because the dunes are the fragile product of shoreline evolution, they are easily disturbed by actions harming their vegetation or inhibiting their natural development. The General Assembly further finds that offshore sandbars and shoals are the system's first line of defense against the potentially destructive energy generated by winds, tides, and storms and help to protect the onshore segment of the system by acting as reservoirs of sand for the beaches. Removal of sand from these bars and shoals can interrupt natural sand flows and have unintended, undesirable and irreparable effects on the entire sand-sharing system, particularly when the historical patterns of sand and water flows are not considered and accommodated. Also, it is found that ocean beaches provide an unparalleled natural recreation resource which has become vitally linked to the economy of Georgia's coastal zone and to that of the entire State. The General Assembly further finds that this natural resource system is costly, if not impossible, to reconstruct or rehabilitate once adversely affected by man-related activities, is important to conserve for the present and future use and enjoyment of all citizens and visitors to this State, and that the sand-sharing system is an integral part of Georgia's barrier islands, providing great protection to the State's marshlands and estuaries. The General Assembly further finds that this sand-sharing system is a vital area of the State and is essential to maintain the health, safety and welfare of all the citizens of the State. Therefore, the General Assembly declares that the management of the sand-sharing system has more than local significance, is of equal importance to all citizens of the State, is of Statewide concern, and consequently is properly a matter for regulation under the police power of the State. The General Assembly further finds and declares that activities and structures on offshore sandbars and

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shoals for all purposes except federal navigational activities be regulated to insure that the values and functions of the sand-sharing system are not impaired. It is declared to be a policy of this State and the intent of this Act to protect this vital natural resource system by authorizing the local units of government of the State of Georgia to regulate activities and alterations of the ocean sand dunes and beaches and, recognizing that if the local units of government fail to carry out the policies expressed in this Act, it is essential that the Department of Natural Resources undertake such regulation. Section 3. Definitions. Unless the context clearly requires otherwise, the following terms, when used in this Act, shall have the following meanings: (a) Applicant means any person who files an application for a permit under the provisions of this Act. (b) Bare sand surface means an area of nearly level unconsolidated sand landward of the ordinary high-water mark which does not contain sufficient indigenous vegetation to maintain its stability. (c) Barrier islands means the following islands: Daufuskie, Tybee, Little Tybee, Petit Chou, Williamson, Wassaw, Ossabaw, St. Catherines, Blackbeard, Sapelo, Cabretta, Wolf, Egg, Little St. Simons, Sea, St. Simons, Jekyll, Little Cumberland, Cumberland, Amelia, and any Atlantic ocean-facing island which is formed in the future and which has: multiple ridges of sand, gravel, or mud built on the seashore by waves and currents; ridges generally parallel to the shore; and areas of vegetation. (d) Beach means a zone of unconsolidated material that extends landward from the ordinary low-water mark to the line of permanent vegetation. (e) Board means the Board of Natural Resources. (f) Boardwalk and crosswalk mean a nonhabitable structure, usually made of wood and without a paved or poured surface of any king, whose primary purpose is to provide access to or use of the beach, while maintaining the stability of any sand dunes they traverse.

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(g) Committee means the Shore Assistance Committee. (h) Department means the Department of Natural Resources. (i) Dynamic dune field means the dynamic ocean-facing area of beach and sand dunes, varying in height and width, the ocean boundary of which extends to the ordinary high-water mark and the landward boundary of which is the first occurrence of either live native trees twenty feet (20[UNK]) in height or greater, or coastal marshalands as defined in the Coastal Marshalands Protection Act of 1970, as amended, or an existing structure. (j) Erosion means the wearing away of land whereby materials are removed from the sand dunes, beaches, and shoreface by natural processes including, but not limited to, wave action, tidal currents, littoral currents and wind. (k) Local unit of government means a county, as defined by Georgia Code Section 23-101, or incorporated municipality, as defined by an Act approved April 20, 1967 (Ga. Laws 1967, pp. 859, 890), as amended, or any combination thereof which has been authorized by an Act of the General Assembly, any of which has within its jurisdiction any sand dune or beach. (l) Ordinary high-water mark means the position along the shore of the mean monthly spring high tide reached during the most recent tidal epoch. This term is not synonymous with mean high-water mark. (m) Ordinary low-water mark means the position along the shore of the mean monthly spring low tide reached during the most recent tidal epoch. This term is not synonymous with mean lowwater mark. (n) Permit-issuing authority means the Shore Assistance Committee or a local unit of government which has adopted a program of shore assistance which meets the standards of this Act and which has been certified by the Board as an approved program. (o) Person means any association, individual, partnership, corporation, public or private authority or local unit of government and shall include the State of Georgia and all its departments,

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boards, bureaus, commissions, authorities, any other government agencies or instrumentalities, and any other legal entity. (p) Sand dunes means mounds of sand deposited along a coastline by wind action, which mounds are often covered with sparse, pioneer vegetation and are located landward of the ordinary high-water mark and may extend into the tree line. (q) Sand-sharing system means an interdependent sediment system composed of sand dunes, beaches, and offshore bars and shoals. (r) Shoreline engineering activity means an activity which encompasses any artificial method of altering the natural topography or vegetation of the sand dunes, beaches, bars, and other components of the sand-sharing system. This includes, but is not limited to, such activities as: (1) grading, clearing vegetation, excavating earth, or landscaping, where such activities are for purposes other than erection of a structure; (2) artificial dune construction; (3) beach nourishment; (4) erosion control activity including, but not limited to, the construction and maintenance of groins, seawalls, and jetties; and (5) the construction and maintenance of pipelines and piers. (s) Stable sand dune means a sand dune that is maintained in a steady state of neither erosion nor accretion by indigenous vegetative cover. (t) Structure means an institutional, residential, commercial or industrial building. (u) Submerged shoreline lands means the intertidal and submerged lands from the ordinary high-water mark seaward to the limit of the State's jurisdiction in the Atlantic Ocean. (v) Tidal epoch means the variations in the major tide-producing forces that result from changes in the moon's phase, declination of the earth, distance of the moon from the earth and regression of the moon's modes, and which go through one complete cycle in approximately 18.6 years.

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Section 4. Jurisdiction of this Act. The area of jurisdiction of this Act shall be: (a) the dynamic dune fields on the barrier islands of this State; and (b) the submerged shoreline lands of this State from the seaward limit of this State's jurisdiction landward to the dynamic dune fields or to a line projected from the westernmost point of the dynamic dune field on the southern end of a barrier island, to the westernmost point of the dynamic dune field on the northern end of the adjacent barrier island to the south. Section 5. Permits Required. (a) No person shall construct, erect, conduct or engage in any shoreline engineering activity, nor structure, nor land alteration which alters the natural topography or vegetation of any area within the jurisdiction of this Act, except in accordance with the terms and conditions of a permit therefor issued in accordance with the provisions of this Act. (b) No permit shall be required for a structure, shoreline engineering activity or land alteration which exists as of the effective date of this Act; provided, however, a permit must be obtained for any modification which will have a greater adverse effect on the sand-sharing system, or any addition to or extension of such shoreline engineering activity, structure or land alteration; provided further that if any structure or land alteration is more than eighty percent (80%) destroyed as determined by an appraisal of the fair market value by a Member of the American Institute of Real Estate Appraisers (hereinafter MAI appraisal), a permit is required for reconstruction. Provided, further, any structure or land alteration may be reconstructed without prior permit approval if destroyed by other than wave action or if destroyed eighty percent (80%) or less as determined by MAI appraisal of the fair market value. Section 6. Permit Applications; Contents. All applications for permits required by this Act must be on forms prescribed by the permit-issuing authority and must include the following: (a) the name and address of the applicant; (b) a brief description of the proposed project; (c) construction documents showing the applicant's proposed project and the manner or method by which such project shall be accomplished;

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(d) a copy of the deed or other instrument under which the applicant claims title to the property, or if the applicant is not the owner, then a copy of the deed or other instrument under which the owner claims the title together with written permission from the owner to carry out the project on his land. In lieu of a deed or other instrument referred to in this paragraph, the permit-issuing authority may accept some other reasonable evidence of ownership of the property in question or other lawful authority to make use of the property; (e) a plat showing the boundaries of the proposed project site and the owners of properties adjacent thereto; (f) an application fee in such reasonable amount as is designated by the permit-issuing authority; (g) site plans for the proposed project site showing existing and proposed streets, utilities, buildings and any other physical structures; (h) a certification by an architect or engineer licensed by this State certifying that all proposed structures, if any, for which the permit is applied for are designed to meet hurricane-resistant building standards contained in regulations adopted by the Board; and (i) any and all other relevant data required by the permit-issuing authority for the purposes of ascertaining that the proposed improvements, activities and uses will meet the standards of this Act. Section 7. Permit Issuance. (a) The permit-issuing authority shall take action on each permit application within sixty (60) days after said application is complete. Provided, however, that this provision may be waived upon the written request of the applicant. An application is complete when it contains all of the written information, documents, forms, fees and materials required by this Act. (b) Within ten (10) days of receipt of a completed application and at least seven (7) days prior to acting on the application, the permit-issuing authority shall mail a written notice to: all persons identified by the applicant as owning land adjacent to the location of the proposed project; and all persons who have filed a written

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request with such permit-issuing authority that their names be placed on a mailing list for receipt of such notice, and who have tendered the cost of such mailing as is estimated from time to time by such permit-issuing authority. Such notice shall be in writing and shall include a general description of the proposed project and its location. (c) No permit shall be issued except in accordance with the following provisions: (1) A permit for a structure or land alteration, other than shoreline engineering activity, in the dynamic dune field shall be issued only when: (A) the proposed project shall occupy the landward area of the subject parcel; (B) at least a reasonable percentage of the subject parcel shall be retained in its naturally vegetated condition; (C) the proposed project is designed according to applicable hurricane-resistant building standards as provided in regulations adopted by the Board; (D) the activities associated with the proposed project are kept to a minimum, are temporary in nature, and upon project completion, restore the natural topography and vegetation to at least its former stability, using the best available technology; and (E) the proposed project will maintain the normal functions of the sand-sharing mechanisms in minimizing storm-wave damage and erosion, both to the subject parcel and at other shoreline locations. (2) No permits, except for permits for shoreline engineering activity, shall be issued for a structure or land alteration on beaches, eroding sand dune areas and areas without stable sand dunes. Provided, however, a permit for a boardwalk or crosswalk in such an area may be issued provided that:

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(A) the activities associated with the proposed land alterations are kept to a minimum, are temporary in nature and upon project completion, restore the natural topography and vegetation to at least its former stability, using the best available technology; and (B) the proposed project maintains the normal functions of the sand-sharing mechanisms in minimizing stormwave damage and erosion, both to the subject parcel and at other shoreline locations. (3) A permit for shoreline engineering activity or for a land alteration or structure on submerged shoreline lands shall be issued only when: (A) the activities associated with the proposed project are to be temporary in nature and the completed project will result in complete restoration of the former stability of both the project site and any other shoreline areas altered as a result of that activity; (B) at least a reasonable percentage of the subject parcel will be retained in its naturally vegetated condition; (C) the proposed project will maintain the normal functions of the sand-sharing mechanisms in minimizing storm-wave damage and erosion both to the subject parcel and at other shoreline locations; (D) the proposed project is designed according to hurricane-resistant building standards as provided in regulations adopted by the Board; (E) in the event that shoreline stabilization is necessary, either low-sloping porous granite structures or other techniques which maximize the absorption of wave energy and minimize shoreline erosion shall be used; and (F) a copy of the permit application has been transmitted to the local unit of government wherein the project site lies, if such local unit of government has been certified by the Board, requesting comments on such application.

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(d) In evaluating a permit application in order to determine compliance with the provisions set forth in subsection (c) of this Section, the permit-issuing authority shall use the following assessment tools and techniques, as appropriate: (1) historic photographs and topographic data of the project site over the last 100 years, which can be used in determining the impact of a proposed project on the stability of the shoreline; (2) on-site inspections to determine the impact of a proposed project on topographic and vegetative conditions, erosion or accretion rates, and other factors influencing the life cycles of dune plants; (3) any recognized or accepted scientific investigations necessary to determine the proposed project's impacts on the surrounding biological and geological systems, and the historic and archaeological resources; (4) when present, the potential effects of shoreline engineering structures (seawalls, groins, jetties, etc.) their condition, and their apparent influence on the sand-sharing mechanism as it relates to the proposed project; (5) historic, climatological and meteorological records of the vicinity of the project and possible potential effects of a proposed project upon erosion and accretion rates; and (6) new scientific information which, through recent advances, would effect a more competent decision relative to wise use and management of Georgia's sand-sharing system. (e) Every permit shall require that the proposed project be completed within two (2) years after the date of issuance of such permit and shall expire two (2) years after the date of issuance. Such time may be extended for good cause upon a showing that all due efforts and diligence toward the completion of the project have been made. (f) All plans, documents, and materials contained in any application for any permit required by this Act shall be made a part of said permit if granted, and conformance to such plans, documents,

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and materials shall be a condition of said permit. No change or deviation from any such plans, documents, or materials shall be permitted without the prior notification and approval of the permit-issuing authority. (g) Compliance with all other federal, State and local statutes, ordinances and regulations shall also be a condition of every permit, issued pursuant to this Act. (h) All permit-issuing authorities may condition any permit issued hereunder as necessary to carry out the provisions of this Act. Section 8. Posting of Permit. A certified copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the permit-issuing authority deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant and such other information as the permit-issuing authority may reasonably require. The type and size of the sign reasonable in dimensions may be specified by the permit-issuing authority. Section 9. Committee Created; Powers. (a) There is hereby created the Shore Assistance Committee within the Department of Natural Resources. The Committee shall be composed of three (3) members: the Commissioner of Natural Resources, and two people to be selected by the Board. Provided, however, the people to be selected by the Board shall be residents of one of the following counties: Camden, Glynn, McIntosh, Liberty, Bryan, and Chatham. (b) The Committee shall have the authority to issue orders; and grant, suspend, revoke, modify, extend, condition or deny permits as provided in this Act. Permits may, at the Committee's discretion, be revoked, suspended, or modified upon a finding that the permittee is not in compliance with permit conditions or that the permittee is in violation of any rule or regulation promulgated pursuant to this Act. Section 10. Approval of Shore Assistance Programs by Board. (a) If a local unit of government has enacted ordinances which meet or exceed the standards, requirements and provisions of this Act, and which are enforceable by such local unit of government, the Board may certify such local unit of government as a permit-issuing

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authority. In areas in which a local shore assistance program has been certified by the Board, the local unit of government shall have all permitting authority described herein, except for shoreline engineering activities and activities proposed to occur in whole or in part on submerged shoreline lands or on other State-owned lands. The Committee shall exercise exclusive permitting authority for shoreline engineering activities and activities proposed to occur in whole or in part on submerged shoreline lands. Local units of government are hereby authorized to enact ordinances meeting or exceeding the requirements of this Act. (b) The Board shall periodically review the actions of local units of government which have approved local shore assistance programs and may revoke its certification of such programs if it determines that such ordinances are not being sufficiently enforced to carry out the intent of this Act. (c) In all areas of the State within the areas of jurisdiction of this Act where no local shore assistance program has been certified by the Board, or where such certification has been revoked by the Board, the provisions of this Act shall be carried out by the Committee. Section 11. Rules and Regulations. The Board shall adopt and promulgate rules and regulations governing the issuance of permits by the Committee, and establishing hurricane-resistant building standards. Such rules and regulations shall meet the requirements of this Act. The hurricane-resistant building standards shall be drawn from the Standard Building Code and the South Florida Building Code. Section 12. Administrative and Judicial Review. (a) Any person who is aggrieved or adversely affected by any order or action of the Committee shall, upon petition within thirty (30) days of the issuance of such order or notice of such action, have a right to a hearing before a hearing officer appointed by the Board. The initial hearing and any administrative review thereof shall be conducted in accordance with an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended; provided, however, that any administrative review of the initial decision of such hearing officer shall be by a five (5) member committee, to be known as the Administrative

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Review Committee. The members of said Committee shall be members of the Board and shall be selected by said Board. The final decision or action of said Committee shall constitute the final decision or action of the Board. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by the final order or action of the Board is entitled to judicial review as provided in said Georgia Administrative Procedure Act, as now or hereafter amended. (b) Where a local unit of government has, pursuant to this Act, granted, suspended, modified, extended, conditioned or denied a permit, any person aggrieved or adversely affected by such action shall be afforded a right to administrative and judicial review of said action. Section 13. Enforcement. If the Department determines that any person is violating any provision of this Act or any rule or regulation adopted pursuant thereto or the terms and conditions of any permit issued thereunder, and such violation is in an area where the Committee is the permit-issuing authority, the Department may employ any one, or any combination of any or all, of the following enforcement methods: (a) Administrative Orders. The Department may issue an administrative order specifying the provision of this Act or the rule, or both, alleged to have been violated and require the person so ordered to cease and desist from such activity and to take corrective action within a reasonable period of time as prescribed in the order. Such corrective action may include, but shall not be limited to, requiring that the sand dunes, beaches and submerged shoreline lands be returned to their condition prior to the violation of the Act or rule adopted pursuant thereto. Any such order shall become final unless the person named therein requests in writing a hearing before a hearing officer appointed by the Board no later than thirty (30) days after the issuance of such order. Review of such order shall be available as provided in subsection (a) of Section 12 of this Act. (b) Emergency Orders. Whenever the Department finds that an emergency exists requiring immediate action to protect the public interest, the Department may issue an order to be effective immediately reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the

"GA1979.1.1649">

emergency; provided, however, that such an emergency order shall be issued only after an affidavit has been filed with the Department showing irreparable injury. Any person against whom such order is directed shall comply therewith immediately, but on application to the Department shall be afforded a hearing within ten (10) days. On the basis of such hearing, the Department shall be authorized to continue such order in effect, to revoke the order or to modify it. Review of such order shall be available as provided in subsection (a) of Section 12 of this Act. (c) The Department may seek injunctive relief pursuant to Section 14 of this Act. (d) Any person who violates any provision of this Act, or any rule or regulation adopted hereunder, or any permit, or final or emergency order of the Department shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000.00) for each act of violation. Each day of continued violation shall subject said person to a separate civil penalty. A hearing officer appointed by the Board after a hearing conducted in accordance with the Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended, shall determine whether or not any person has violated any provision of this Act, or any rule or regulation adopted hereunder, or any permit or final or emergency order of the Department and shall upon proper finding issue an order imposing such civil penalties as herein provided. Review of such order shall be available as provided in subsection (a) of Section 12 of this Act. All civil penalties recovered by the Department as provided herein shall be paid into the State Treasury to the credit of the general fund. Section 14. Injunction Relief. Any activity in violation of this Act or of any ordinance or regulation adopted pursuant hereto shall be a public nuisance, and such activity may be enjoined or abated by an action filed in the proper superior court by the Attorney General for the Department, by any local unit of government affected, or by any person. Upon showing of any activity in violation of this Act or any ordinance or regulation adopted pursuant thereto, a temporary restraining order, a permanent or temporary injunction, or other order shall be granted without the necessity of showing lack of an adequate remedy at law and irreparable injury. The relief granted by the court in an action filed pursuant to this Section may

"GA1979.1.1650">

include, but shall not be limited to, an order requiring the sand dunes, beaches and submerged shoreline lands to be returned to their condition prior to such violation. Section 15. Jurisdiction. The superior court of the county in which the alleged violator or person against whom substantial relief is sought resides shall have jurisdiction to restrain a violation of this Act at the suit of the Department, any local unit of government affected, or any person. Section 16. Technical Assistance. The Department shall provide technical assistance to any local unit of government which requests such assistance in order to develop an ordinance meeting the requirements of this Act. The Department shall also develop a model ordinance which may be used by such local units of government. Section 17. More Restrictive Ordinances. Nothing in this Act shall be construed as prohibiting a local unit of government from adopting ordinances more restrictive in regard to activity on sand dunes and beaches than the standards set forth in this Act. Section 18. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 19. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 20. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1979.

"GA1979.1.1651">

Exhibit A and Exhibit B referred to and by reference incorporated as a part of Resolution Act No. 6 (Senate Resolution No. 118) are printed in their entirety on the following pages.

"GA1979.1.1653">

EXHIBIT A AMENDED AND RESTATED LEASE BETWEEN STATE OF GEORGIA AND SIMON S. SELIG, JR., CHARLES R. MASSELL AND B. F. PATTILLO, AS TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED

"GA1979.1.1654">

TABLE OF CONTENTS TITLE PAGE Page TABLE OF CONTENTS Parties 1 Preamble 1 Term of Amended Lease 8 Section One: Property Defined 9 Section Two: Annual Rent 9 Section Three: Rent And Other Sums Payable To Lessor 11 Section Four: Late Charge 11 Section Five: Security Deposit 11 (A) Form Of Security Deposit 11 (B) Amount Of Security Deposit 12 Section Six: Inadequacy Of Security Deposit 13 Section Seven: Interchanging Of Security Deposit 13 Section Eight: Interest On Security Deposit 14 Section Nine: Return Of Security Deposit 14 Section Ten: Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted 14 Section Eleven: Payment Of Taxes And Assessments 15 Section Twelve: Contest Of Tax 15 Section Thirteen: Evidence Of Payment Of Taxes And Assessments 16 Section Fourteen: Payment Of Utilities And Services By Lessee 16 Section Fifteen: Payments For Lessee By Lessor 16 Section Sixteen: Interest On Unpaid Amounts 16 Section Seventeen: Compliance By Lessee With Laws And Ordinances 17 Section Eighteen: Acceptance Of Property By Lessee 17 Section Nineteen: Merger Of Improvements By Lessee 18 Section Twenty: Protection Of Adjacent Property During ConstructionConstruction Insurance 20 Section Twenty-One: Insurance Policy Limits Applicable For Year 1979 22 Section Twenty-Two: Construction Approvals By Lessor 22 Section Twenty-Three: Substantial Completion Of Improvements 25 Section Twenty-Four: Construction According To Approved Plans 26 Section Twenty-Five: Payment Of Bills For Construction 29 Section Twenty-Six: All Liens And Rights Are Subordinate To Lessor 30 Section Twenty-Seven: Completion Of Construction By Lessor. 30 Section Twenty-Eight: Title To The Improvements 31 Section Twenty-Nine: Abandonment Of The Property By Lessor 31 Section Thirty: Subleasing 32 (A) Right To Enter Into Subleases 32 (B) Recognition By Lessor Of Subleases 32 (C) Rights Of Recognized Sublessee 33 (D) Limitation Upon Rights Of Recognized Sublessee 33 Section Thirty-One: Assignment Of Lease With Lessor's Consent 33 Section Thirty-Two: Maintenance Of Property 36 Section Thirty-Three: Work Required By Government Regulation 36 Section Thirty-Four: Indemnification Of Lessor By Lessee 37 Section Thirty-Five: Addition, Subtraction, Renovation, Demolition Or Construction Anew Of The Improvements 37 Section Thirty-Six: Return Of The Property To Lessor 37 Section Thirty-Seven: Casualty And Hazard Insurance 38 (A) Casualty And Hazard Insurance On Improvements 38 (B) Loss Payable Clauses 38 Section Thirty-Eight: No Invalidation Of Insurance By Lessee. 39 Section Thirty-Nine: Repair Of Damaged Improvements 39 Section Forty: Damages For Failure To Comply With Repair Obligation 41 Section Forty-One: Workman's Compensation Insurance 41 Section Forty-Two: Use Of Proceeds Of Insurance 42 Section Forty-Three: Termination Prior To Completion Of Repair 42 Section Forty-Four: Public Liability Insurance 42 Section Forty-Five: Delivery Of Insurance Policies 43 Section Forty-Six: Evidence Of Payment Of Premiums 43 Section Forty-Seven: Mortgaging Of The Leasehold 43 (A) Form Of Security Instrument 44 (B) Consent To Amendment 44 (C) Notices To Leasehold Mortgagees 45 (D) Curative Rights Of Leasehold Mortgagees 45 (E) Limitation Upon Termination Rights Of Lessor 45 (F) Assignment 46 (G) Mortgagee Leases 47 (H) Agreement Between Lessor And Leasehold Mortgagee 49 (I) Limitation On Number Of Leasehold Mortgages 49 (J) Limitation On Liability Of Leasehold Mortgagee 50 Section Forty-Eight: DefaultLessee's Right To CureLessor's Rights Upon Failure By Lessee To Cure 50 (A) Termination Rights Of Lessor 51 (B) Re-letting Rights Of Lessor 51 Section Forty-Nine: Extinguishment Of Lessee's Rights Upon Termination 52 Section Fifty: Prepaid Items Assigned 53 Section Fifty-One: BankruptcyAppointment Of A ReceiverDebtor Relief ProceedingsGeneral Assignment For Benefit Of CreditorsLevy Upon Property 53 (A) Bankruptcy 53 (B) Receivership 53 (C) Debtor Relief 53 (D) Assignment For Benefit Of Creditors 53 (E) Levy Upon Property 54 Section Fifty-Two: Inspection Of Property By Lessor 54 Section Fifty-Three: Property Subject To Zoning 54 Section Fifty-Four: Total Or Partial Condemnation 54 (A) Lease Termination 55 (1) Total Condemnation 55 (2) Partial Condemnation 55 (B) Separate Awards 56 (C) Division Of Single AwardTotal Condemnation 56 (D) Division Of Single AwardPartial Condemnation 57 (E) Use Of Lessee's Award 58 (F) Appraisals 59 (G) Other Evidence 60 (H) Reformation 60 Section Fifty-Five: Lessee's Rights And Obligations With Respect To Certain Of The Terms And Conditions Contained In Exception (A) Entitled Air, Mineral And Other Rights Contained In The March 4, 1968 Western Atlantic Railroad Lease 61 (A) Simultaneous Submission To Lessor And To Louisville And Nashville Railroad Company 61 (B) Relocation Of Railroad Tracks 62 Section Fifty-Six: Estoppel Certificates 63 (A) Validity Of Lease 63 (B) Payment Of Rent 63 (C) Amount Of Rent Due 63 (D) Security Deposits 63 (E) Recognized Subleases 63 (F) Defaults By Lessee 63 Section Fifty-Seven: Individual Leases [Intentionally Omitted] 63 Section Fifty-Eight: Addresses For NoticesRequirement That All Notices, Demands And Requests Be In Writing 64 Section Fifty-Nine: Submission Of Matters To Lessor For Approval 64 Section Sixty: Holding Over By Lessee 65 Section Sixty-One: No Waiver Of Rights By Lessor 66 Section Sixty-Two: Rights Are Cumulative 66 Section Sixty-Three: Provisions Are Binding Upon Assigns And Are Covenants Real 66 Section Sixty-Four: Georgia Law Applies 67 Section Sixty-Five: All Genders And Numbers Included 67 Section Sixty-Six: Invalidity Of Provision Or Part Thereof 67 Section Sixty-Seven: State Properties Commission Acts For Lessor 67 Section Sixty-Eight: Time Is Of Essence 68 Section Sixty-Nine: Section Captions Are To Be Disregarded 68 Section Seventy: Entire Agreement Contained Herein 69 Section Seventy-One: Consents 69 Signatures 69 Exhibits: Exhibit A-1Legal Description Of Tract 3 As So Designated In 1950 Lease Exhibit A-2Legal Description Of Property Deleted From Tract 3 Of 1950 Lease (Marta Property) Exhibit ALegal Description Of Leased Property Exhibit BPermitted Exceptions and Encumbrances

"GA1979.1.1658">

Georgia, Fulton County: AMENDED AND RESTATED LEASE This Amended and Restated Lease, hereinafter for convenience referred to as Amended Lease is made and entered into this..... day of....., 1979, by and between the STATE OF GEORGIA, acting by and through the State Properties Commission and by virtue of and pursuant to the authority granted by Resolution Act No...... passed by the 1979 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on....., 1979 (Ga. Laws 1979, pp...........), Party Of The First Part, hereinafter for convenience referred to as Lessor, and SIMON S. SELIG, JR., CHARLES R. MASSELL AND B. F. PATTILLO, AS TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED, Parties Of The Second Part, hereinafter for convenience collectively referred to as Lessee. WITNESSETH THAT: WHEREAS, under and by virtue of that certain Lease dated December 26, 1950, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State of Georgia and by virtue of and pursuant to the authority granted by Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on February 17, 1950 (Ga. Laws 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corporation, as lessee, recorded in Deed Book 2599, pages 508-512, Fulton County, Georgia records, said Lease, as subsequently amended from time to time as more particularly hereinafter set forth prior to the date of the execution of this Amended Lease by Lessor, being hereinafter referred to as the 1950 Lease, Lessor did lease and demise unto Peachtree-Whitehall, Inc., certain real property (consisting of air rights only) located in Fulton County, Georgia (and being designated in the said 1950 Lease as Tracts 3, 4 and 5, respectively), a portion of which real property (being the same property as is designated as Tract 3 in the said 1950 Lease) is more particularly described in Exhibit A-1, which is attached hereto, incorporated in and by reference made a part hereof; and

"GA1979.1.1659">

WHEREAS, the said 1950 Lease was confirmed by Resolution No. 11 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on February 19, 1951 (Ga. Laws 1951, pp. 824-826); and WHEREAS, the said 1950 Lease was subsequently amended by its own terms, pursuant to the authority of Act No. 469 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on February 21, 1951 (Ga. Laws 1951, pp. 748-749), and by an agreement between the parties to the said 1950 Lease dated December 21, 1954, recorded in Deed Book 4420, pages 579-583, aforesaid records; and WHEREAS, the said 1950 Lease was assigned by Peachtree-Whitehall, Inc., to Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees (Marital Deduction Trust) under the Will of Ben J. Massell, deceased (said individuals in their capacity as the trustees of said Marital Deduction Trust under the Will of Ben J. Massell, deceased, being hereinafter sometimes collectively referred to as the Massell Trustees), by a Transfer of Lease dated May 31, 1968, and recorded in Deed Book 5022, page 185, aforesaid records; and WHEREAS, under and by virtue of that certain unrecorded Sublease dated August 15, 1969, entered into by and between the Massell Trustees, as Sublessor, and Downtown Development Corp., a Georgia corporation (hereinafter sometimes referred to as Downtown), as Sublessee, said Sublease, as subsequently amended from time to time, being hereinafter referred to as the 1969 Sublease, the Massell Trustees did lease and demise unto Downtown certain real property (consisting of air rights only) located in Fulton County, Georgia (said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease); and WHEREAS, the said 1950 Lease was further amended by an unrecorded agreement dated November 23, 1970, entered into by and between Lessor, acting through the State Properties Control Commission, a successor in law to the Western and Atlantic Railroad Commission, by virtue of and pursuant to the authority granted by Resolution No. 126 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the

"GA1979.1.1660">

State of Georgia on March 20, 1970 (Ga. Laws 1970, pp. 408-415), as Party Of The First Part, and the Massell Trustees and Downtown, as Parties Of The Second Part; and WHEREAS, the said 1969 Sublease was amended by an unrecorded agreement entered into by and between the Massell Trustees and Downtown, dated May 14, 1970; and WHEREAS, the Massell Trustees, as Sublessor, and Downtown, as Sublessee, did enter into a restated Sublease dated May 31, 1971, hereinafter referred to as the 1971 Sublease, a short form of which is recorded in Deed Book 5477, pages 118-120, aforesaid records, which 1971 Sublease provides that it contains the entire agreement of the parties thereto and supercedes the said 1969 Sublease; and under terms of which 1971 Sublease the Massell Trustees did lease and demise unto Downtown certain real property located in Fulton County, Georgia (said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease and being the same property as was demised under the said 1969 Sublease); and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, pages 67-68, aforesaid records, Downtown assigned all of its rights, title and interest in, to, under and by virute of the said 1971 Sublease to Atlanta Air-Rights Co., a joint venture comprised of Downtown, FM Air Rights Company, a Delaware corporation, and City Center, Inc., a Georgia corporation (hereinafter referred to as Atlanta Air Rights Co.); and WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, recorded in Deed Book 5946, pages 321-323, aforesaid records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia Limited Partnership (hereinbelow referred to as CAPCO); and WHEREAS, the said 1950 Lease was further amended by that certain Amendment To Lease dated April 25, 1974, entered into by and between Lessor, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution No. 119 passed by the 1974 Regular Session of the Georgia General

"GA1979.1.1661">

Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, pp. 1247-1407), as Party of the First Part, and Lessee herein, as Parties of the Second Part, recorded in Deed Book 6054, pages 1-9, aforesaid records, whereby a portion of the real property demised by the Western and Atlantic Railroad Commission to Peachtree-Whitehall, Inc., under the said 1950 Lease (and therein designated as Tract 5), being a portion of the property demised by the Massell Trustees to Downtown under the said 1971 Sublease (said property being hereinafter sometimes referred to as the Severed Peachtree-Whitehall Property), was severed from the said 1950 Lease; and WHEREAS, the said 1950 Lease was further amended by that certain Amendment to Lease dated April 25, 1974, entered into by and between Lessor, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution No. 119 passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, pp. 1247-1407), as Party of the First Part, and Lessee herein, as Parties of the Second Part, recorded in Deed Book 6054, pages 10-17, aforesaid records, whereby Lessor and Lessee modified and amended certain terms and provisions of the 1950 Lease affecting the remainder of the property subject to the 1950 Lease after the severance of the Severed Peachtree-Whitehall property (being the property designated as Tracts 3 and 4 in the 1950 Lease), a portion of which real property (being the same property as was designated as Tract 3 in the said 1950 Lease) is more particularly described in the aforesaid Exhibit A-1 hereof; and WHEREAS, the 1971 Sublease was amended by that certain unrecorded Amendment to Sublease dated April 25, 1974, entered into by and between Lessee herein, as sublessor and successor to the Massell Trustees, and CAPCO, as sublessee, whereby the Severed Peachtree-Whitehall Property was severed from the 1971 Sublease; and WHEREAS, the 1971 Sublease was further amended by that certain Amendment to Sublease dated April 25, 1974, entered into by and between Lessee herein, as sublessor, and CAPCO, as sublessee, a short form of which is recorded in Deed Book 6207, pages 283-297, aforesaid records, whereby Lessee herein and CAPCO modified and amended certain terms and provision of the 1971 Sublease affecting

"GA1979.1.1662">

the remainder of the property subject to the 1971 Sublease after the severance of the Severed Peachtree-Whitehall Property (being the property designed Tract 4 in the 1950 Lease); and WHEREAS, the rights of the Lessee herein with respect to the Severed Peachtree-Whitehall Property were assigned by Lessee herein to Downtown under and by virtue of that certain Transfer and Assignment of Interest in Lease dated April 25, 1974, recorded in Deed Book 6054, pages 18-21, aforesaid records, as consented to and approved by Resolution No. 119 passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, pp. 1247-1407); and WHEREAS, the said 1950 Lease was further amended by that certain Lease Amendment dated February 24, 1977, entered into by and between Lessor, acting through the State Properties Commission and by virtue of and pursuant to the authority granted by Resolution No. 62 passed by the 1975 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on April 25, 1975 (Ga. Laws 1975, pp. 1558-1563), and Lessee herein, recorded in Deed Book 6653, pages 244-252, aforesaid records, whereby a portion of the real property designated as Tract 3 in the said 1950 Lease and demised by the Western and Atlantic Railroad Commission to Peachtree-Whitehall, Inc. under the said 1950 Lease was deleted from the said 1950 Lease, said deleted portion of Tract 3 being more particularly described in Exhibit A-2 which is attached hereto, incorporated in and by reference made a part hereof; and WHEREAS, Lessor and Lessee now desire to divide the remainder of the real property demised by the Western and Atlantic Railroad Commission to Peachtree-Whitehall, Inc. under the said 1950 Lease, and pursuant to an amendment to the 1950 Lease entered into by and between Lessor and Lessee concurrently herewith, Lessor and Lessee have severed the property designated as Tract 4 in the 1950 Lease and restated in their entirety the terms and provisions under and by virtue of which said Tract 4 (as so designated in the 1950 Lease) is leased and demised by Lessor to Lessee; and Lessor and Lessee desire herein to amend and restate in their entirety the terms and provisions under and by virtue of which the remainder of the property designated Tract 3 in the 1950 Lease (being Tract 3 as so

"GA1979.1.1663">

designated in the 1950 Lease less and except that portion of Tract 3 described in the aforesaid Exhibit A-2 hereof) is leased and demised by Lessor to Lessee, said remainder of the property designated Tract 3 in the 1950 Lease being more particularly described in Exhibit A which is attached hereto, incorporated in and by reference made a part hereof; and WHEREAS, the execution of this Amended Lease by Lessor has been approved by Resolution Act No.passed by the 1979 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on , 1979 (Ga. Laws 1979, pp.-); NOW, THEREFORE, in consideration of the premises, the rental to be paid hereunder, the mutual covenants and agreements herein set forth by each party to be kept and performed, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby expressly acknowledged by each party hereto, Lessor and Lessee do hereby mutually covenant and agree: (i) that from and after the date of the execution of this Amended Lease by Lessor, all rights, duties, obligations and liabilities of Lessor and Lessee with respect to the Property (as hereinafter defined) shall be determined in accordance with the provisions, covenants, agreements, stipulations, exhibits, terms and conditions of this Amended Lease; and (ii) that this Amended Lease is the 1950 Lease as amended and restated, which 1950 Lease, as amended and restated herein, is hereby ratified and confirmed and shall continue in full force and effect, and this Amended Lease shall in all respects and for all purposes be independent, separate and apart from that certain Amended and Restated Lease entered into between Lessor and Lessee concurrently herewith covering Tract 4 as so designated in the 1950 Lease; and (iii) that the provisions, covenants, agreements, stipulations, exhibits, terms and conditions of this Amended Lease are as follows: WITNESSETH THAT: Lessor, for and in consideration of the premises and of the rents, provisions, covenants, agreements, stipulations, exhibits, terms and

"GA1979.1.1664">

conditions hereinafter set forth and herein collectively referred to as provisions, does hereby let, lease and demise, subject to all of the exceptions and encumbrances enumerated in Exhibit B attached hereto, incorporated in and by reference made a part hereof, unto Lessee and Lessee does hereby take, lease and hire from Lessor, subject to all of the exceptions and encumbrances enumerated in the aforesaid Exhibit B hereof, all of the property, as that term is defined and described in Section One of this Amended Lease. TO HAVE AND TO HOLD the said Property for a term commencing on the date of the execution of this Amended Lease by the Governor of the State of Georgia and the Secretary of State of the State of Georgia (hereinbefore and hereinafter referred to as the date of the execution of this Amended Lease by Lessor) and expiring at 12:00 o'clock midnight on December 27, 2044, unless this Amended Lease shall be sooner terminated as hereinafter provided. This Amended Lease and all rights of the parties hereunder, including any rights of the Lessee to use of the land for supports and appurtenances, are expressly subject to the provisions as hereinafter set forth, all of which the parties hereto respectively agree to keep, abide by and perform during the term hereof. Section One: Property Defined . All of the property more particularly described in Exhibit A hereof, together with all of the buildings, other structures and improvements of Lessor which are located within the horizontal and vertical limits of the said property as of the date of the execution of this Amended Lease by Lessor, and all of the buildings, other structures and improvements heretofore or hereafter constructed by Lessee, its predecessors, successors, assigns or sublessees and located within the horizontal and vertical limits of the property more particularly described in Exhibit A hereof, together with all supports and appurtenances to buildings, other structures and improvements, which supports and appurtenances are in existence as of the date of execution of this Amended Lease by Lessor, including, but not limited to, all such supports and appurtenances which are located beneath the surface which forms the lower limit of the property described in Exhibit A hereof, shall be referred to in this Amended Lease as the property. Section Two: Annual Rent . Lessee covenants and agrees to pay to Lessor throughout the term of this Amended Lease the annual rental

"GA1979.1.1665">

(hereinafter referred to as the Rent) provided for in this Section Two. The Rent shall be payable, in advance, in equal monthly installments due on the first day of each calendar month throughout the term hereof. The Rent shall be prorated for any month in which this Amended Lease is not in effect for the entire month. The Rent payment due for the remainder of the month in which the date of the execution of this Amended Lease by Lessor occurs shall be due and payable on said date of execution. The Rent payable during the term of this Amended Lease shall be as follows: Rent Period Annual Rent January 1, 1979 through December 31, 1979 $ 21,045.50 January 1, 1980 through December 31, 1980 $ 24,052.00 January 1, 1981 through December 31, 1981 $ 27,058.50 January 1, 1982 through December 31, 1982 $ 30,065.00 January 1, 1983 through December 31, 1983 $ 33,071.50 January 1, 1984 through December 31, 1984 $ 36,078.00 January 1, 1985 through December 31, 1985 $ 39,084.50 January 1, 1986 through December 31, 1986 $ 42,091.00 January 1, 1987 through December 31, 1987 $ 45,097.50 January 1, 1988 through December 31, 1988 $ 48,104.00 January 1, 1989 through December 31, 1989 $ 51,110.50 January 1, 1990 through December 31, 1990 $ 54,117.00 January 1, 1991 through December 31, 1991 $ 57,123.50 January 1, 1992 through December 31, 1992 $ 60,130.00 January 1, 1993 through December 31, 1993 $ 63,136.50 January 1, 1994 through December 31, 1994 $ 66,143.00 January 1, 1995 through December 31, 1995 $ 78,169.00 January 1, 1996 through December 31, 1996 $ 81,175.50 January 1, 1997 through December 31, 1997 $ 84,182.00 January 1, 1998 through December 31, 1998 $ 87,188.50 January 1, 1999 through December 31, 1999 $ 90,195.00 January 1, 2000 through December 31, 2000 $ 93,201.50 January 1, 2001 through December 31, 2001 $ 96,208.00 January 1, 2002 through December 31, 2002 $ 99,214.50 January 1, 2003 through December 31, 2003 $ 102,221.00 January 1, 2004 through December 31, 2004 $ 105,227.50 January 1, 2005 through December 31, 2005 $ 108,234.00 January 1, 2006 through December 31, 2006 $ 111,240.50 January 1, 2007 through December 31, 2007 $ 114,247.00 January 1, 2008 through December 31, 2008 $ 117,253.50 January 1, 2009 through December 31, 2009 $ 120,260.00 January 1, 2010 through December 31, 2010 $ 123,266.50 January 1, 2011 through December 31, 2011 $ 126,273.00 January 1, 2012 through December 31, 2012 $ 129,279.50 January 1, 2013 through December 31, 2013 $ 132,286.00 January 1, 2014 through December 31, 2014 $ 135,292.50 January 1, 2015 through December 31, 2015 $ 138,299.00 January 1, 2016 through December 31, 2016 $ 141,305.50 January 1, 2017 through December 31, 2017 $ 144,312.00 January 1, 2018 through December 31, 2018 $ 147,318.50 January 1, 2019 through December 31, 2019 $ 150,325.00 January 1, 2020 through December 31, 2020 $ 153,331.50 January 1, 2021 through December 31, 2021 $ 156,338.00 January 1, 2022 through December 31, 2022 $ 159,344.50 January 1, 2023 through December 31, 2023 $ 162,351.00 January 1, 2024 through December 31, 2024 $ 165,357.50 January 1, 2025 through December 31, 2025 $ 168,364.00 January 1, 2026 through December 31, 2026 $ 171,370.50 January 1, 2027 through December 31, 2027 $ 174,377.00 January 1, 2028 through December 31, 2028 $ 177,383.50 January 1, 2029 through December 31, 2029 $ 180,390.00 January 1, 2030 through December 31, 2030 $ 183,396.50 January 1, 2031 through December 31, 2031 $ 186,403.00 January 1, 2032 through December 31, 2032 $ 189,409.50 January 1, 2033 through December 31, 2033 $ 192,416.00 January 1, 2034 through December 31, 2034 $ 195,422.50 January 1, 2035 through December 31, 2035 $ 198,429.00 January 1, 2036 through December 31, 2036 $ 201,435.50 January 1, 2037 through December 31, 2037 $ 204,442.00 January 1, 2038 through December 31, 2038 $ 207,448.50 January 1, 2039 through December 31, 2039 $ 210,455.00 January 1, 2040 through December 31, 2040 $ 213,461.50 January 1, 2041 through December 31, 2041 $ 216,468.00 January 1, 2042 through December 31, 2042 $ 219,474.50 January 1, 2043 through December 31, 2043 $ 222,481.00 January 1, 2044 through December 27, 2044 $ 225,487.50

"GA1979.1.1666">

Section Three: Rent And Other Sums Payable To Lessor. Payment of all Rent and all other sums due to Lessor under this Amended Lease shall be made payable to the State of Georgia and delivered

"GA1979.1.1667">

to the Executive Director of the State Properties Commission (the State Properties Commission being hereinafter referred to as the Commission) or to such other agent of Lessor as may subsequently be designated in writing (in the form of legislation) by Lessor. Section Four: Late Charge. In the event Lessee shall fail or refuse to pay any monthly installment of Rent to Lessor under this Amended Lease within five (5) days after the due date thereof, Lessee shall pay to Lessor a late charge equal to ten percent (10%) per annum of the amount due and not paid for the period commencing on the due date of said Rent and ending on the date payment thereof is made. Section Five: Security Deposit. Lessee further agrees to deposit with the Commission on the date of the execution of this Amended Lease by Lessor, and to thereafter maintain at all times with the Commission or such other agent of Lessor as may subsequently be designated in writing (in the form of legislation) by Lessor, as security for the faithful performance of the undertakings, duties and obligations of Lessee under this Amended Lease, such bonds or other security in such amount (hereinafter referred to as Security Deposit) as is hereinafter provided for in this Section Five: (A) Form Of Security Deposit. The form of the Security Deposit shall be: (1) a surety bond issued by a responsible insurance company legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia; or (2) recognized valid bonds of the United States Government, the State of Georgia or any of the bond issuing authorities, agencies or commissions of the State of Georgia having a then aggregate par value equal to the Security Deposit required hereunder; or (3) such other security as may be acceptable to the Commission. (B) Amount Of Security Deposit. The amount of the Security Deposit shall be as follows:

"GA1979.1.1668">

(1) on the date of the execution of this Amended Lease by Lessor and thereafter until January 1, 1984, the Security Deposit shall be equal to the annual Rent determined under Section Two hereof as of the date of the execution of this Amended Lease by Lessor; and (2) on the dates January 1, 1984; January 1, 1989; January 1, 1994; January 1, 1999; January 1, 2004; January 1, 2009; January 1, 2014; January 1, 2019; January 1, 2024; January 1, 2029; January 1, 2034; and January 1, 2039 (any of the aforesaid dates shall hereinafter be referred to as Adjustment Date), the Security Deposit shall be adjusted to equal the annual Rent determined under Section Two hereof as of such Adjustment Date. The Security Deposit for the period between any two Adjustment Dates shall be equal to the Security Deposit for the last preceding Adjustment Date. No interest shall be paid by Lessor on the Security Deposit. In the event any monthly installment of Rent or any other sum(s) owed by Lessee to Lessor under this Amended Lease is (are) not paid to Lessor within thirty (30) days from the due date thereof, then, and in that event, Lessor may, upon first giving notice to Lessee and without declaring this Amended Lease to be in default, secure the amount of the then due Rent or other sum(s) [plus ten percent (10%) late charge as provided in Section Four of this Amended Lease] from the Security Deposit. If Lessor secures the amount of the then due Rent or other sum(s) [plus ten percent (10%) late charge as provided in Section Four of this Amended Lease] from the Security Deposit, Lessee hereby agrees, upon notice from Lessor to Lessee that Lessor has taken the aforesaid action in regard to the Security Deposit, immediately to replace the amount taken from the Security Deposit by Lessor so that the amount of the Security Deposit on file with the Commission will be in the amount required of Lessee by this Section Five hereof. Section Six: Inadequacy Of Security Deposit. If at any time after the date of the execution of this Amended Lease by Lessor, Lessor shall determine that the security deposited and maintained pursuant to subparagraph (2) or subparagraph (3) of sub-section (A) of Section Five of this Amended Lease is inadequate, Lessee shall, within thirty (30) days following written notice by Lessor of such inadequacy,

"GA1979.1.1669">

make good said deficiency by the deposit of other or additional bonds or such other security as the Commission may reasonably require. Section Seven: Interchanging Of Security Deposit. Lessee, in good faith and after depositing the initial Security Deposit with Lessor, shall, with the written approval of the Commission being first had and obtained, have the right and privilege of changing and interchanging the Security Deposit from time to time. Section Eight: Interest On Security Deposit. Lessee, having fully complied with Sections Five and Six above, shall have the right to collect and receive any and all interest that may accumulate on the Security Deposit other than on any cash that may have been so deposited by Lessee. Section Nine: Return Of Security Deposit. If upon the expiration of the term of this Amended Lease, Lessee shall have well and truly performed all of the undertakings, duties and obligations required of Lessee under this Amended Lease including, but not limited to, the payment of the Rent and all other sums owed by Lessee to Lessor hereunder, then the Security Deposit shall be returned by Lessor to Lessee. Section Ten: Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted. Lessee may use the Property for any lawful purpose but Lessee shall not do or permit any act or thing to be done which might impair the value of the Property or which constitutes a public or private nuisance. Lessee, acting in its own name and behalf, shall undertake to remove and cause the discontinuance of any and all encroachments, adverse uses and occupancies (other than the rights, privileges and interests in, to and upon the Property, or any part thereof, in parties other than Lessor by virtue of the exceptions and encumbrances enumerated in the aforesaid Exhibit B hereof) (hereinafter singularly and collectively referred to as Encroachment) in, to and upon the Property, or any part thereof. Lessor will, if and when requested in writing by Lessee, join with Lessee and become a party to any proceeding, judicial or otherwise, instituted for the purpose of freeing the Property from any Encroachment. If, due to any Encroachment, Lessee cannot use and enjoy the Property or any portion thereof, this Amended Lease shall not be void or voidable by the Lessee nor shall Lessor be liable to

"GA1979.1.1670">

Lessee for any loss or damage resulting therefrom nor shall the duties and obligations of the Lessee be affected, modified or changed thereby. It is understood and agreed that when any such Encroachment shall have been removed by judicial proceedings or otherwise, the use of those portions of the Property previously subject thereto shall, for the remaining term of this Amended Lease, inure to the benefit of Lessee to the same extent as the other portions of the Property herein leased. Section Eleven: Payment Of Taxes And Assessments. It is hereby determined and declared by Lessor and Lessee that nothing contained in this Amended Lease is intended to exempt from ad valorem property taxes or subject to ad valorem property taxes the interest or estate of Lessee created by this Amended Lease: however, Lessee shall bear and pay to the public officer charged with the collection thereof, before the same shall become delinquent, and shall indemnify, save and hold harmless Lessor from the payment of, any and all taxes, assessments, license fees, excises, imposts, fees and charges of every sort, nature and kind (hereinafter referred to singularly and collectively as Tax), which during the term of this Amended Lease are or might be levied, assessed, charged or imposed upon or against the Property or the interest or estate of Lessee in and to the Property. Section Twelve: Contest Of Tax. If the imposition of any tax shall be deemed by Lessee to be improper, illegal or excessive, Lessee may, at its sole cost and expense and in its own name, dispute and contest the same and, in such event any such Tax need not be paid until adjudged to be valid; provided, however, Lessee shall in writing first notify Lessor of such dispute and contest and shall furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of any such Tax so contested. Unless so contested, any Tax shall be paid by Lessee within the time provided by law, and if contested, any such Tax shall be paid before the issuance of an execution on a final judgment with respect thereto. Section Thirteen: Evidence Of Payment Of Taxes And Assessments. Lessee, within twenty (20) days after its receipt thereof, shall deliver to Lessor a copy of all current Tax bills or statements assessed against the Property. After all payments are made by Lessee pursuant to and in conformity with Section Eleven above, Lessee shall at once furnish to Lessor duplicate receipts or other satisfactory evidence of such payment.

"GA1979.1.1671">

Section Fourteen: Payment Of Utilities And Services By Lessee. Lessee is to be responsible for and shall pay for all utility, water, sanitation, gas, heat, light, power, steam and telephone services (and for all other services of whatever type, kind or nature) supplied to the Property. Section Fifteen: Payments For Lessee By Lessor. If Lessee fails to procure the insurance required to be procured by Lessee under this Amended Lease, or fails to pay any premium of insurance, Tax, or any other sum in this Amended Lease required to be paid by Lessee (other than Rent), Lessor may, at Lessor's option, elect to follow one of the options provided in Section Forty-Eight of this Amended Lease or may, without declaring a default of this Amended Lease by Lessee, procure on behalf of Lessee any such insurance, and pay on behalf of Lessee any such payment or payments as may be necessary. any sum(s) so paid or expended by Lessor on behalf of Lessee shall immediately [upon written notice by Lessor to Lessee that Lessor has paid or expended said sum(s) and a demand by Lessor for reimbursement of Lessor by Lessee for such sum(s)] be reimbursed and paid by Lessee to Lessor. Section Sixteen: Interest On Unpaid Amounts. Any sums which are payable by Lessee to Lessor under this Amended Lease (excluding any Rent as otherwise provided in Section Four hereof) and which are not paid to Lessor when due shall bear interest at the rate of ten percent (10%) per annum from the due date thereof through the date payment of the same is made. If it becomes necessary for Lessor to bring suit for collection of any sum(s) herein (including Rent) stipulated to be paid by Lessee, Lessee agrees to pay any and all such expenses and costs as Lessor may incur, including, but not limited to, reasonable attorney's fees. Section Seventeen: Compliance By Lessee With Laws And Ordinances. At all times during the term of this Amended Lease, Lessee shall conform to, obey and comply with all present and future laws and ordinances and all lawful requirements, rules, and regulations of all legally constituted authorities existing at the commencement of the term of this Amended Lease or at any time during the continuance of the term hereof which in any way affect the Property or the use of the Property or any repair, replacement, demolition, renovation, construction, restoration or excavation being done on or to the Property, or in any way affecting this Amended Lease. Lessee, in its own name and at its sole cost and expense, shall have the right to

"GA1979.1.1672">

contest the validity of any law, ordinance, rule, regulation or requirement contemplated under this Section Seventeen; provided, however, that Lessee pursues such contest in good faith and Lessee first gives Lessor written notice of such contest and furnishes to Lessor, if a monetary amount is involved and if requested in writing by Lessor, reasonable security for the payment of said monetary amount. Section Eighteen: Acceptance Of Property By Lessee. Lessor makes no covenant of quiet enjoyment, representation or warranty as to the title to or the condition of the Property. Lessee hereby acknowledges that it has fully inspected the Property and that the same is in satisfactory condition for the use intended to be made of the same by Lessee. Lessee further acknowledges that no covenant of quiet enjoyment, representation or warranty as to the title to or the condition of the Property has been made to it by Lessor, the Commission, or any agent, employee, representative or attorney of either Lessor or the Commission. Lessor shall not be required, during the term of this Amended Lease, to make any repair or alteration to the Property or in any manner to supply any services, utilities or maintenance to or for the Property. Section Nineteen: Merger Of Improvements By Lessee. Lessor consents to the construction of buildings and improvements (hereinafter referred to in this Amended Lease as Special Improvement or Special Improvements as the context requires) over and across the boundary lines of the Property, both vertical and horizontal, onto other contiguous lands (such other contiguous lands on which any such Special Improvement is constructed being hereinafter referred to as Adjoining Property) which are owned by Lessee or by any Recognized Sublessee (as said term is hereinbelow defined in Section Thirty of this Amended Lease) or which are leased or subleased by Lessee or by any Recognized Sublessee (as said term is hereinbelow defined in Section Thirty of this Amended Lease) for a term of years not to expire prior to the expiration date of the term of years of this Amended Lease. Lessor agrees and does hereby grant to the owner of the Adjoining Property and any party claiming by, through or under said owner, a non-exclusive easement to use (in common with Lessor hereunder and anyone claiming by, through or under Lessor) any such Special Improvement. Such nonexclusive easement herein granted shall (i) be for the use of all common areas and facilities located within any such Special Improvement and on

"GA1979.1.1673">

the Property which shall reasonably be necessary or appropriate for the continued utilization of that portion of any such Special Improvement located on the Adjoining Property, including, but not limited to, aisles, hallways, elevators, restroom facilities, sidewalks, stairways and service areas; (ii) not vest into a present right of use until the expiration or termination of this Amended Lease; and (iii) expire automatically upon (a) the removal or demolition of any such Special Improvement [provided, however, that, after the expiration or termination of this Amended Lease, any such Special Improvement shall be removed or demolished only by the mutual agreement of the owners (which terms owners or owner as used in this Section Nineteen shall include all parties having an ownership or security interest in that portion of the Property and the Adjoining Property upon which the Special Improvement is located) of that portion of the Property and the Adjoining Property upon which the Special Improvement is located]; or (b) December 27, 2054, whichever shall first occur. For the purposes of this Section Nineteen, the owners of that portion of the Property and the Adjoining Property upon which any such Special Improvement is located shall be deemed to have mutually agreed to remove or demolish any such Special Improvement, if, through the passage of time or otherwise, the structural soundness thereof deteriorates such that any such Special Improvement, including that portion of any such Special Improvement located on the Property, becomes untenantable and its continued existence constitutes a nuisance and a hazard to the public health and safety. Such non-exclusive easements shall be subject and subordinate to the rights of the Lessee under this Amended Lease, and the rights, if any, of any persons or entities which were vested prior to the commencement of the rights of the Lessee under the 1950 Lease which is amended by this Amended Lease. Prior to commencement of any construction of any such Special Improvement, Lessee agrees to furnish Lessor a non- exclusive easement in recordable form and containing covenants running with the land executed by the owner of the Adjoining Property which grants to Lessor a non-exclusive easement as an encumbrance upon the Adjoining Property for the same purposes and uses and subject to substantially the same terms and conditions as are contemplated under items (i), (ii) and (iii) of this Section Nineteen. The Commission shall, without any further action or authorization by the Georgia General Assembly being necessary, execute on behalf of Lessor any and all additional documents in recordable form as shall reasonably be requested by Lessee to ratify and to add specificity to the non-exclusive easements

"GA1979.1.1674">

herein granted. Each such request for a non-exclusive easement shall be accompanied by a statement setting forth the specific details of the location (which shall include, but not be limited to, a current, accurate, property labeled and recordable plat of boundary line survey depicting to the extent possible thereon the proposed non-exclusive easement area; said plat of boundary line survey shall be prepared at the expense of Lessee by a Georgia registered and licensed land surveyor or professional engineer), use and nature of such non- exclusive easement. From and after the expiration of the non- exclusive easements hereinabove set forth, Lessor shall have the exclusive right and option to sever and demolish that portion of any such Special Improvement located on the Property and to operate, occupy and maintain such portion of any such Special Improvement independent of any portion of any such Special Improvement located on the Adjoining Property. Section Twenty: Protection Of Adjacent Property During ConstructionConstruction Insurance. While any construction (which term as used throughout this Amended Lease shall also include any alteration, renovation, demolition, reconstruction, repair, maintenance, restoration or replacement) is being done on or to the Property, Lessee shall protect all adjacent property. In connection with such protection, Lessee agrees that it will obtain, or require the general or prime contractor retained to perform such construction to obtain, or in the event there is no general or prime contractor retained to perform such construction then require the person(s) or entity(ies) performing such construction to obtain, and keep in force at all times during the performance of such construction insurance coverage of the following amounts under a policy or policies of Public Liability and Property Damage Liability Insurance covering the operations of such construction. Such policy or policies of insurance shall have limits of not less than $1,000,000.00 for all damages arising out of bodily injuries to or the death of one person in any one occurrence, and, subject to the aforesaid limit for each person, a total of $5,000,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits of not less than $1,000,000.00 for all damages arising out of damage to or destruction of property in any one occurrence. Each and every such insurance policy shall contain a standard loss payable clause in favor of Lessor and Lessee as their interests may appear.

"GA1979.1.1675">

When any construction is being done over or adjacent to the right-of-way of the Western Atlantic Railroad that would create a possible hazard to railroad operations and property, the Lessee shall furnish or cause its prime contractor or the persons or entities performing such construction to furnish to the Louisville and Nashville Railroad Company, lessee of the Western Atlantic Railroad, a standard policy of railroad protective liability insurance in the form approved by the Association of American Railroads, the National Association of State Highway Officials, and the Mutual Insurance Rating Bureau, said policy to name the Louisville and Nashville Railroad Company as the insured. Lessee shall keep in force at all times during such construction a policy or policies of insurance with limits of not less than $500,000.00 for all damages arising out of bodily injuries to or death of one person in any one occurrence, and, subject to the aforesaid limit for each person, a total of $2,500,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits of not less than $1,000,000.00 for all damages arising out of damage to or destruction of property in any one occurrence. In addition, the Lessee or its prime contractor or such other persons or entities performing such construction will reimburse the Louisville and Nashville Railroad Company for any expense in furnishing flagmen and watchmen reasonably required to protect railroad property and operations during the construction period. Section Twenty-One: Insurance Policy Limits Applicable For Year 1979. The insurance policy limits provided for in Section Twenty above shall be applicable during the year 1979. If at the time of the commencement of any such construction (as this term is used in Section Twenty above) the value of the dollar has declined appreciably below its purchasing power as of January 1, 1979, the limits of all insurance called for in Section Twenty above shall be increased in approximate proportion to the decline in dollar value. Section Twenty-Two: Construction Approvals By Lessor. Prior to commencing the construction of any improvements [which term improvements or improvement as used throughout this Amended Lease shall include, but not be limited to, Special Improvement(s)] on the Property, Lessee shall deliver to the Commission, for its approval, an architect's rendering, showing in perspective all elevations of the proposed improvements and, if available, a reduced scale model of the proposed improvements (hereinafter referred to as

"GA1979.1.1676">

Preliminary Plans). Thereafter, or simultaneously with the submission to the Commission of the Preliminary Plans but in any event prior to commencing the construction of any improvements on the Property, Lessee shall deliver to the Commission, for its approval, architect's structural drawings and specifications for any improvements or portions thereof which are to be constructed beneath the surface which forms the lower boundary line of the Property herein demised (herein referred to as Structural Plans) showing all supports, ventilating, lighting, and drainage systems onto or affecting the Lessor's underlying property. The aforesaid supports and systems shall at all times permit railroad operations on and within the Western Atlantic Railroad right-of-way to be conducted in a safe, convenient, expeditious, economical and healthful manner, and said Structural Plans shall include provisions for train signaling devices for operation of railroad engines and cars adequate to provide that the use of said right-of-way for railroad purposes shall not be obstructed, interfered with or endangered as a result of the construction to be performed in accordance with the said Structural Plans. The right of approval of the Commission with respect to the Structural Plans shall include, but not be limited to, the right to approve the strength, durability and method of construction, as well as the location and design, of the proposed improvements or any part thereof in order that the use of other property of Lessor by other tenants or lessees of Lessor shall not be obstructed, hindered, impaired, interfered with, endangered or damaged. Lessee agrees to furnish such detailed plans of other portions of any said improvements as may be requested by the Commission. Lessee, after submitting to the Commission the Preliminary Plans and the Structural Plans and after having both of the same approved in writing by the Commission, may without the consent or approval of the Commission, order, authorize or perform any change, substitute work or materials in prosecuting the construction of the improvements (Change Order) provided that any such Change Order does not result in a substantial change in the Preliminary Plans or any change whatsoever in the Structural Plans approved by the Commission in accordance with this Section Twenty-Two. For the purpose of this Amended Lease, a substantial change in the Preliminary Plans shall be a change or substitution of materials which results (i) in a decrease in the cost of construction of the improvements in excess of $250,000.00 or (ii) in a change of the ultimate concept or the use for which the improvements are designed in accordance with the Preliminary Plans approved by the Commission. Any Change Order

"GA1979.1.1677">

involving the Structural Plans and any Change Order which results in a substantial change in the Preliminary Plans shall be made only with the written approval of the Commission, which approval shall not be unreasonably withheld. After the Commission's approval of the Preliminary Plans and the Structural Plans has been obtained, Lessee shall, prior to commencing construction of any improvements on the Property: (A) deliver to the Commission a payment bond, having a good and solvent corporate surety acceptable to the Commission, guaranteeing to Lessor as a beneficiary thereof (a) payment of all labor and materials incorporated in such work, (b) payment of all fees and other costs and expenses incurred in connection with such work; or such other assurance satisfactory and acceptable to the Commission for the due payment of the full cost of all such work; and (B) deliver to the Commission such other assurances as are satisfactory and acceptable to the Commission guaranteeing the completion of all such work. Lessee shall submit the Preliminary Plans and the Structural Plans to the Executive Director of the Commission. The Commission shall give Lessee written notice of its approval or disapproval of the Preliminary Plans and the Structural Plans. The Commission's approval of the Preliminary Plans and Structural Plans shall not be unreasonably withheld; and if withheld, such withholding explained in writing. If after the construction of the proposed improvements, Lessor shall reasonably determine that the aforesaid referenced ventilating, lighting or drainage devices or systems shall not be sufficient, or that notwithstanding the construction of such ventilation, lighting or drainage devices or systems, smoke, gas and/or water are concentrated or permitted to escape in such a manner or in such quantities as to injure or damage adjoining property, property of Lessor, or property of a tenant or lessee of Lessor, or in such manner as to render Lessor liable in damage to any person or corporation on account thereof, or to prohibit the use and operation of the Western Atlantic Railroad by Lessor or its lessee in a safe, convenient, expeditious, economical and healthful manner, Lessee will promptly provide and construct totally at its own cost and expense any additional ventilating, lighting or drainage devices or systems which the Commission may reasonably conclude to be necessary for such purposes,

"GA1979.1.1678">

notwithstanding the previous approval by the Commission of the Preliminary Plans and Structural Plans. The Commission shall give written notice to Lessee of the requirement for any such additional ventilating, lighting or drainage devices or systems. Section Twenty-Three: Substantial Completion of Improvements. As soon as practicable (however, in no event to exceed six calendar months) after the substantial completion of the improvements, Lessee will furnish to the Commission, at Lessee's own cost and expense, (A) one complete set of final as-built plans and specifications of the completed improvements, (B) a current, accurate, properly labeled, and certified (by the hereafter stated surveyor or engineer) plat of survey prepared by a Georgia registered land surveyor or professional engineer depicting to scale the exact location of the completed improvements, and any other physical objects, as the same have been constructed and (C) a full and complete appraisal (discussing the known and accepted approaches to value) of the then current fair market value of the completed improvements prepared for Lessor by an appraiser, who shall be a member in good standing of the American Institute of Real Estate Appraisers, or its successor. The term substantial completion as used in this Amended Lease shall be deemed to mean such completion as will make the improvements sufficient, suitable and ready for immediate occupancy and for the use intended. Section Twenty-Four: Construction According To Approved Plans. Lessee shall complete the construction of the proposed improvements substantially in accordance with the Preliminary Plans and in strict accordance with the Structural Plans approved by the Commission. Without limiting in any way the rights granted in this Amended Lease to Lessee and any Recognized Sublessee, as that term is defined in Section Thirty (B) hereof, with respect to construction of improvements on the Property, Lessee agrees that it shall not later than March 15, 1994, either (i) complete or cause to be completed construction or reconstruction of improvements on the Property which shall have a fair market value as of March 15, 1994, of not less than One Million Dollars ($1,000,000.00) or (ii) deposit or cause to be deposited with the Commission recognized valid bonds of the United States Government, the State of Georgia or any of the bond issuing authorities, agencies or commissions of the State of Georgia having a then aggregate par value equal to the amount by which the

"GA1979.1.1679">

sum of One Million Dollars ($1,000,000.00) exceeds the fair market value as of March 15, 1994, of the improvements on the Property constructed or caused to be constructed by Lessee prior to March 15, 1994. With the written approval of the Commission, Lessee or its designee shall thereafter have the right and privilege of changing and interchanging the said bonds from time to time. Lessee or its designee shall have the right to collect and receive any and all interest that may accumulate on such bonds. Unless prior to December 27, 2044, Lessee shall have completed or caused to have been completed construction or reconstruction of improvements on the Property which shall have a fair market value of not less than One Million Dollars ($1,000,000.00) on the date of completion of said improvements, Lessee shall forfeit to Lessor on December 27, 2044, an amount of such bonds equal to the amount by which the sum of One Million Dollars ($1,000,000.00) exceeds the fair market value (on the date of completion) of the improvements on the Property constructed or caused to be constructed by Lessee prior to December 27, 2044, and the remainder of such bonds, if any, shall be returned to Lessee or its designee. Notwithstanding anything hereinabove to the contrary, Lessee may deposit with Lessor, in lieu of such bonds, a surety bond issued by a responsible insurance company legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, in an amount equal to the sum by which One Million Dollars ($1,000,000.00) exceeds the fair market value as of March 15, 1994, of the improvements on the Property constructed or caused to be constructed by Lessee prior to March 15, 1994; said surety bond to be conditioned so as to be payable to Lessor on December 27, 2044, in an amount equal to the sum by which One Million Dollars ($1,000,000.00) exceeds the fair market value (on the date of completion) of the improvements on the Property constructed or caused to be constructed by Lessee prior to December 27, 2044. Said term fair market value of the improvements as used and referred to in this Section Twenty-Four shall be determined conclusively by Lessee delivering to Lessor the written certification of Lessee as to the amount of the fair market value of said improvements; provided, however, that notwithstanding the foregoing provisions to the contrary, in the event Lessor shall, within thirty (30) days after receipt by Lessor of any such certification of Lessee, notify Lessee of Lessor's rejection of said certification of Lessee, Lessee shall, within six (6) months after receipt of said notice from Lessor cause an appraisal of said improvements to be made by a disinterested and independent

"GA1979.1.1680">

appraiser who is a member in good standing of the American Institute of Real Estate Appraisers or its successor, and the fair market value of said improvements as so determined by said appraiser shall be deemed conclusive between Lessor and Lessee for the purposes of this Section Twenty-Four of this Amended Lease. The Commission, acting for and on behalf of Lessor, and without any further action or authorization by the Georgia General Assembly being necessary, shall at any time and from time to time (prior to, during or following such construction) execute such non-exclusive easements as shall be reasonably necessary to Lessee, either as to the Property or as to any underlying or adjacent properties of Lessor, in order to make available to the Property, or any portion thereof, water, sewer, gas, telephone, electrical services and other utility services and to provide to the Property or any portion thereof accessibility for vehicular or pedestrian purposes to the ground level or to any street, viaduct or right-of-way; provided, however, that any such non-exclusive easements shall be subject to (i) the rights, if any, of any tenant or lessee of Lessor herein and the lessee of the property known as the Western and Atlantic Railroad, including, without limitation, the rights, if any, of the Louisville and Nashville Railroad Company (LN) (and any party claiming by, through or under LN) under the terms of that certain Lease entered into by and between the State of Georgia, acting through the State Properties Control Commission and under and by virtue of the authority granted by Resolution Act No. 101 passed by the 1968 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 4, 1968 (Ga. Laws 1968, pp. 54-112) (hereinafter referred to as the March 4, 1968 Lease), as lessor, and LN, as lessee, and (ii) the rights, if any, of any person or entity set forth in Item 7( a ) of Exhibit B of this Amended Lease; provided further, that as to such non-exclusive easements for ground level access, Lessee shall first obtain and submit to Lessor the written approval of LN (and any party claiming by, through or under LN by virtue of the March 4, 1968 Lease) in the event that said non-exclusive easements affect the right-of-way (or the use thereof) of the Western Atlantic Railroad as said right-of-way is located on the date of the execution of this Amended Lease by Lessor, or as the said right-of-way may be relocated pursuant to, under and by virtue of the terms and conditions of the said March 4, 1968 Lease (as the said March 4, 1968 Lease exists as of the date of the execution of this Amended Lease by Lessor), and that said non-exclusive easements for ground level access shall not result in any cost, expense or loss to or by Lessor; said

"GA1979.1.1681">

non-exclusive easements, or any interest therein, shall be freely assignable, without the consent or approval of Lessor, to any person or entity whomsoever holding an interest in the Property, or any portion or portions thereof. All such non-exclusive easements shall terminate no later than December 27, 2044. Section Twenty-Five: Payment Of Bills For Construction. Lessee convenants and agrees to pay, currently as they become due and payable, all bills for labor, materials, insurance, and bonds, and all fees of architects, engineers, contractors, and subcontractors and all other costs and expenses incident to any construction in or on the Property; provided, however, that Lessee may, in good faith, at its sole cost and expense and in its own name, dispute and contest any such bill, fee, cost or expense, and in such event, any such item need not be paid until adjudged to be valid; provided, however, Lessee shall first notify Lessor in writing of such dispute and contest and shall furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of any such item so contested. Unless so contested by Lessee, all such items shall be paid by Lessee within the time provided by law, and if contested, any such item shall be paid before the issuance of an execution on a final judgment with respect thereto. Section Twenty-Six: All Liens And Rights Are Subordinate To Lessor. Lessee's rights, as well as the rights of anyone else, including, but not limited to, any mortgagee, architect, engineer, contractor, assignee, sublessee, subcontractor, independent contractor, prime or general contractor, mechanic, laborer, materialman or other lien or claim holder, shall always be and remain subordinate, inferior, and junior to Lessor's reversionary title, interest and estate in the Property. Section Twenty-Seven: Completion Of Construction By Lessor. Lessee covenants and agrees that in the event Lessee abandons or fails to complete the construction of improvements undertaken by Lessee upon the Property in accordance with all the requirements of this Amended Lease, Lessor may, at its option (but without any obligation so to do and without prejudice to any other rights Lessor may have under this Amended Lease) complete the construction of the improvements undertaken by Lessee at the cost and expense of Lessee and, as nearly as practicable and proper, according to the Preliminary Plans and Structural Plans previously approved by the

"GA1979.1.1682">

Commission. Lessee shall, at the time of submission of the Structural Plans to the Commission for approval, present to the Commission, in form and content acceptable to the Commission, a written agreement of the architect, who created the Preliminary Plans and the Structural Plans for the Lessee, to furnish to Lessor and to permit Lessor to use the Preliminary Plans and the Structural Plans, without charge to Lessor, in the event Lessor elects to complete the construction of the improvements undertaken by Lessee or any part or parts thereof. Section Twenty-Eight: Title To The Improvements. The title to all improvements now or hereafter located on the property more particularly described in Exhibit A hereof and owned by Lessee, its predecessors, successors, assigns or sublessees shall not be vested in Lessor until the termination or expiration of this Amended Lease and, in the event such improvements are owned by any Recognized Sublessee, as that term is defined in Section Thirty (B) hereof, the Recognized Sublease under which such Recognized Sublessee subleases such property, or until such time as Lessee and any such Recognized Sublessee vacate or abandon the Property or are dispossessed by process of law, at which time all title to and ownership of said improvements shall automatically and immediately vest (without the necessity of any further action being taken by Lessee or Lessor or any instrument being executed and delivered by Lessee to Lessor) in Lessor. Section Twenty-Nine: Abandonment Of The Property By Lessee. Lessee agrees to occupy the Property, directly or indirectly, and not vacate or abandon the same at any time during the term of this Amended Lease. If Lessee vacates or abandons the Property, or is dispossessed by process of law, any personal property or trade fixtures belonging to Lessee and left on the Property shall, at the option of the Lessor, be deemed to be abandoned by the Lessee and henceforth the title to (and the ownership of) said personal property or trade fixtures shall immediately vest (without the necessity of any further action being taken by Lessee or Lessor or any instrument being executed and delivered by Lessee to Lessor) in Lessor as of the date of said vacating, abandonment or dispossession. Section Thirty: Subleasing. (A) Right To Enter Into Subleases. Nothing contained in this Section Thirty shall be construed to relieve Lessee of any of its obligations

"GA1979.1.1683">

under this Amended Lease, including the payment of Rent. Lessee shall have the right to sublease all or any portion of the Property without the consent or approval of Lessor, for a term of years not to extend beyond December 27, 2044. (B) Recognition By Lessor Of Subleases. Lessee shall have the right at any time and from time to time to submit to the Executive Director of the Commission for recognition by Lessor any bona fide sublease entered into by Lessee pursuant to the provisions of sub-section (A) of this Section Thirty, and such recognition shall automatically become effective unless the Commission gives written notice of its disapproval thereof to Lessee together with a copy of such written notice to the sublessee at his address as disclosed by the sublease. Lessor agrees that it will not unreasonably withhold the recognition of any such sublease. In the event the portion of the Property as to which any such submission for recognition is made is also a portion of the Property as to which there exists any Leasehold Mortgagee, such submission shall be accompanied by evidence of the written consent thereto by any such Leasehold Mortgagee. Unless the Commission disapproves any such submission for recognition, the provisions of this sub-section (B) of this Section Thirty shall be self-operating and shall not require any further action on the part of Lessor; provided, however, that the Executive Director of the Commission shall, upon request by Lessee, promptly execute, acknowledge and deliver such agreements evidencing and agreeing to the recognition of any such subleases as Lessee shall reasonably require. Any sublease which is recognized by Lessor pursuant to the provisions of this sub-section (B) of this Section Thirty shall be hereinafter sometimes referred to as a Recognized Sublease, and the sublessee thereunder shall be hereinafter sometimes referred to as a Recognized Sublessee. (C) Rights Of Recognized Sublessee. If this Amended Lease is terminated prior to the expiration of the term as provided for herein, whether or not Lessor enters into a Mortgagee Lease (as hereinafter defined) with any Leasehold Mortgagee as provided for in sub-section (G) of Section Forty-Seven hereof, Lessor agrees that any such premature termination of this Amended Lease shall not result in the termination of any Recognized Sublease. Each Recognized Sublease shall continue for the duration of its term as a direct lease between Lessor and each such Recognized Sublessee, with the same force and effect as if Lessor had originally entered into the Recognized Sublease as the lessor thereunder.

"GA1979.1.1684">

(D) Limitation Upon Rights Of Recognized Sublessee. Any other provisions of this Amended Lease or of any Recognized Sublease to the contrary notwithstanding, in no event shall Lessor have any greater obligations to any Recognized Sublessee than Lessor has to Lessee under this Amended Lease, and in no event shall any Recognized Sublessee have any greater rights as against Lessor than Lessee has as against Lessor under this Amended Lease. Section Thirty-One: Assignment Of Lease With Lessor's Consent. Except as otherwise provided in this Amended Lease, Lessee, and its successors and assigns, shall not have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant hereto unless the written consent of Lessor is first had and obtained, which consent shall not be unreasonably withheld. Any assignment or transfer without such written consent shall be void. Any other provisions of this Amended Lease to the contrary notwithstanding, for all purposes of this Amended Lease, an assignment or transfer by Lessee of this Amended Lease or any interest herein or any right or privilege appurtenant hereto to which Lessor's consent is required shall not include any distribution, dissolution, demise, devise, bequest, conveyance or other assignment or transfer by, and no consent or approval of Lessor shall be required to effect any distribution, dissolution, demise, devise, bequest, conveyance or other assignment or transfer by: (i) any trustee or co-trustee as required by the terms of the instrument under which such trustee or co-trustee is bound, including without limitation any transfer required upon termination of any such trust or any distribution of principal or income from such trust; (ii) any executor or other personal representative as required by the will or other instrument under which he derives his authority; or (iii) any administrator, guardian or other legal representative as required by any court or law. Specifically, without limiting the generality of the foregoing, no consent or approval of Lessor shall be required for any transfers or assignments required by the Will of Ben J. Massell, deceased, upon termination of the residuary trust under said will. Any other provisions of this Amended Lease to the contrary notwithstanding, Lessee, and its successors and assigns, shall, without the consent or approval of Lessor, have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant hereto which Lessee desires to assign or transfer to a Leasehold Mortgagee pursuant to Section Forty-Seven of this Amended Lease; provided, however, that the Property shall not be divided or subdivided into

"GA1979.1.1685">

separate parcels or tracts except in accordance with this Amended Lease. Any other provisions of this Amended Lease to the contrary notwithstanding, Lessee, and its successors and assigns, shall, without the consent or approval of Lessor, have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant hereto which Lessee desires to assign or transfer to any bank, savings and loan association, life insurance company, lending institution, financial institution, pension or retirement fund, corporation or partnership (provided any of the foregoing entities have a net worth in excess of Five Million and No/100 Dollars [$5,000,000.00]), public agency or authority or governmental entity; provided, however, that the Property shall not be divided or subdivided into separate parcels or tracts except in accordance with this Amended Lease. No assignment or transfer hereunder shall be valid or effective unless and until Lessee and its contemplated assignees or transferees (i) jointly give to Lessor written notice of such contemplated assignment or transfer (and enclosing a copy thereof) identifying the name and business address of the assignee or transferee and agreeing that the said assignee or transferee shall perform all duties and obligations arising by reason of the interest so assigned or transferred, and (ii) have received from Lessor written acknowledgement of compliance with such notice, which acknowledgement shall not be unreasonably withheld or delayed and shall be in a form suitable for recording if so requested by Lessee or its assignee or transferee. Lessor agrees to attorn to any such assignee or transferee for the performance of all duties and obligations arising by reason of the interest of this Amended Lease so assigned or transferred; provided, however, it is hereby agreed and acknowledged by Lessor and Lessee that Lessee, its successors and assigns, shall not be relieved of its liability for the performance of such duties or obligations by any such assignment or transfer. Any other provisions of this Amended Lease to the contrary notwithstanding, in the event the Lessee hereunder shall at any time be a partnership, in no event shall the assignment of a General or a Limited Partner's interests in such Lessee, and its successors and assigns, or the creation and issuance by such Lessee, and its successors and assigns, of additional limited partnership interests or the admission of additional or substituted general or limited partners in such Lessee, and its successors and assigns, constitute an assignment or transfer by such Lessee, or its successors and assigns, of this Amended Lease, and Lessor's consent shall not be required with respect to any such assignment, creation, issuance, admission or substitution.

"GA1979.1.1686">

Section Thirty-Two: Maintenance Of Property . Lessee shall, at all times during the term of this Amended Lease, totally at Lessee's own cost and expense, keep and maintain the Property, and appurtenances and every part thereof, and any and all buildings, other structures or improvements that may exist on, in, or be made a part of the Property, in good and sanitary order, condition and repair. Lessee's obligation to repair shall include the obligation to maintain, service and replace. Section Thirty-Three: Work Required By Government Regulation . In the event that, at any time during the term of this Amended Lease, any alteration, demolition, renovation, repair, replacement or maintenance of any building, other structure or improvement in or on the Property or any other work of any nature whatsoever shall be required or ordered, or becomes necessary on account of any law, ordinance or governmental regulation now in effect or hereafter adopted, Lessee shall be solely liable for the entire cost and expense thereof, regardless of when the same shall be incurred or become due, and in no event shall Lessor be required to contribute thereto, participate therein, or do or pay for any work performed, materials furnished, or obligations incurred by Lessee. Lessee shall have the right to contest the validity of any such law, ordinance or regulation. Section Thirty-Four: Indemnification Of Lessor By Lessee . Lessee, as a material part of the consideration to be rendered to Lessor in this Amended Lease, agrees to be responsible for, to indemnify Lessor against, and to save and hold Lessor harmless from, any and all liability, damages, claims or demands for any injury or death of any person(s) or damages to any property(ies) if such injury, death or damage to property arises from or in any manner grows out of, any act or neglect on or about the Property by Lessee or Lessee's sublessees, subtenants, assignees, licensees, partners, agents, employees, invitees, trespassers, contractors and subcontractors, or their partners, representatives, agents or employees, or which arises from or in any manner grows out of, any defect in any undertaking hereunder by Lessee or any failure of Lessee to comply with the provisions of this Amended Lease. Section Thirty-Five: Addition, Subtraction, Renovation, Demolition Or Construction Anew Of The Improvements . If Lessee is not in default in the performance of any of the provisions of this Amended Lease, Lessee shall have the right at any time and from time to time

"GA1979.1.1687">

to add to, subtract from or renovate the existing improvements or to demolish the existing improvements or to demolish any improvements constructed on the Property by Lessee and to construct new improvements on the Property of at least the same fair market value. Section Thirty-Six: Return Of The Property To Lessor . Lessee agrees, at the termination of this Amended Lease, to surrender unto Lessor, all and singular the Property with the then existing buildings, other structures and improvements constructed and located thereon and therein, in the same condition as when such buildings, other structures, and improvements were constructed, only natural wear and tear excepted, unless Lessee shall be relieved of Lessee's obligation to repair, reconstruct, restore or replace damaged or destroyed buildings, other structures or improvements pursuant to Section Thirty-Nine of this Amended Lease. Section Thirty-Seven: Casualty And Hazard Insurance. (A) Casualty And Hazard Insurance On Improvements . At all times during the term of this Amended Lease, including the period of any construction in or on the Property, Lessee shall have all buildings, other structures and improvements insured against any loss or damage caused by fire, lightning, windstorm, hurricane, tornado, cyclone, hail, explosion, riot, civil commotion, aircraft, smoke, land vehicles, boiler explosion, and any other risks customarily included under extended coverage insurance policies, with responsible insurance companies, legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, said insurance to be in the amount of the full insurable replacement value [One Hundred percent (100%)] of said buildings, other structures and improvements. Each insurance policy shall, if the same is obtainable, contain a clause expressly waiving any right of the insurer of subrogation against Lessor. Each insurance policy shall provide that the same shall not be invalidated or cancellable until after thirty (30) days' written notice has been given to Lessor. (B) Loss Payable Clauses . The contracts of insurance required by sub-section (A) of this Section Thirty-Seven shall contain standard loss payable clauses in favor of Lessor and Lessee as their respective interests may appear. The contracts of insurance may be endorsed to

"GA1979.1.1688">

name in the standard loss payable clause any Leasehold Mortgagee as such Leasehold Mortgagee's interest may appear, provided that: (1) the Leasehold Mortgagee complies with the terms and conditions to be performed by Leasehold Mortgagee as contained in Section Forty-Seven of this Amended Lease; and (2) the Leasehold Mortgagee gives in writing to Lessor assurance that the proceeds of such insurance shall be utilized first for the repair, reconstruction, restoration, or replacement of such buildings, other structures or improvements. Section Thirty-Eight: No Invalidation Of Insurance By Lessee. Lessee agrees and covenants that it will not do or permit to be done in, to, or about the Property any act or thing which will invalidate any insurance pertaining to any buildings, other structures or improvements now located thereon or therein or hereafter constructed and located thereon or therein; and, further, that Lessee will not permit any buildings, other structures or improvements at any time to be put, kept or maintained on the Property in such condition that the same cannot be insured in the amount of the full insurable replacement value [One Hundred percent (100%)] thereof. Section Thirty-Nine: Repair Of Damaged Improvements. Should any building, other structures or improvements constructed and located by Lessee on or within the Property be damaged or destroyed by fire or any other casualty whatsoever during the term of this Amended Lease, Lessee, except as hereinafter provided in this Section Thirty-Nine, shall, within five (5) years from the date of such damage or destruction, commence the work of repair, reconstruction, restoration, or replacement and shall prosecute the same with all reasonable dispatch, so that within ten (10) years from the date of such damage or destruction, or by the end of the term of this Amended Lease, whichever is earlier, such buildings, other structures or improvements shall have been repaired, reconstructed or restored to the extent that they have at least the same fair market value as they had before the damage or destruction or shall have been replaced by new buildings, other structures or improvements having at least the same fair market value as the damaged or destroyed buildings, other structures or improvements had before said damage or destruction. Anything in this Amended Lease to the contrary notwithstanding, the period of time within which Lessee is

"GA1979.1.1689">

hereinabove obligated to complete the repair, reconstruction, restoration or replacement of any buildings, other structures or improvements so damaged or destroyed shall be extended for the period of any delay in said completion not within the reasonable control of Lessee. Lessor and Lessee specifically agree that, except as otherwise provided in this Amended Lease, damage to or destruction of any buildings, other structures or improvements on or within the Property at any time during the term of this Amended Lease, by fire or any other casualty whatsoever, shall not work a termination of this Amended Lease or authorize Lessee or those claiming by, through or under Lessee to quit or surrender possession of the Property or any portion thereof, and shall not release Lessee in any way from its liability to pay Lessor the Rent herein provided for, or from any of the provisions of this Amended Lease. However, if any buildings, other structures or improvements constructed and located by Lessee on or within the Property shall be damaged or destroyed at any time within the last ten (10) years of the term of this Amended Lease, Lessee shall be relieved of any obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures or improvements upon payment by Lessee to Lessor, in a single total payment, of the sum of (i) the full insurable replacement value [One Hundred percent (100%)] of said damaged or destroyed buildings, other structures or improvements; plus (ii) the total amount of Rent for the remainder of the unexpired term of this Amended Lease. The release of Lessee from Lessee's obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures or improvements shall be conditioned, in addition to the payment by Lessee of the sums herein enumerated, upon the clearing by Lessee (totally at Lessee's own cost and expense and without any cost to Lessor) of the Property of any debris or remains of the said damaged or destroyed buildings, other structures or improvements and upon delivery by Lessee to Lessor of an instrument releasing, demising, conveying and transferring to Lessor all of Lessee's rights, title and interest in and to the Property. Section Forty: Damages For Failure To Comply With Repair Obligation. If the repair, reconstruction, restoration or replacement of damaged or destroyed buildings, other structures or improvements is not substantially completed in accordance with Section Thirty-Nine within ten (10) years from the date of such damage or destruction (if such completion date is prior to the end of the term of this Amended Lease and if Lessee is under the affirmative requirement

"GA1979.1.1690">

of Section Thirty-Nine of this Amended Lease to commence the repair, reconstruction, restoration, or replacement), Lessee hereby agrees to pay to Lessor monthly thereafter, as fixed and liquidated damages and not as a penalty, an amount per day equal to the quotient derived by dividing the then current annual Rent by the number 365 until the said repair, reconstruction, restoration or replacement is substantially complete or until the end of the term of this Amended Lease, whichever is earlier. Section Forty-One: Workman's Compensation Insurance . At all times prior to the termination of this Amended Lease during any construction in or on the Property, Lessee agrees, at its own cost and expense, to obtain and maintain workman's compensation insurance in an amount necessary to protect Lessor and Lessee from all liabilities, damages, claims or demands arising out of any accident or occurrence related to such construction causing injury or death to any person. Section Forty-Two: Use Of Proceeds Of Insurance . The proceeds of all insurance obtained in accordance with Section Thirty-Seven of this Amended Lease shall be used for the repair, reconstruction, restoration, or replacement of buildings, other structures or improvements located on or within the Property unless Lessee shall be relieved of Lessee's obligation to so repair, reconstruct, restore, or replace such damaged or destroyed buildings, other structures or improvements pursuant to Section Thirty-Nine of this Amended Lease. The proceeds of such insurance, if not required to be used for the repair, reconstruction, restoration or replacement of the Property, shall, unless Lessee is in default hereunder, be paid over or assigned to the Lessee or as the Lessee may direct. All sums necessary to effect such repair, reconstruction, restoration or replacement over and above the amount available from said insurance proceeds shall be at the sole cost and expense of Lessee. Section Forty-Three: Termination Prior To Completion Of Repair . In the event of the termination of this Amended Lease before the expenditure of the full amount of such insurance proceeds in the repair, reconstruction, restoration or replacement of such damaged or destroyed buildings, other structures or improvements, any unexpended balance thereof, including any interest previously earned by such balance, shall inure to and become the sole property of the Lessor.

"GA1979.1.1691">

Section Forty-Four: Public Liability Insurance . Lessee agrees, at its own cost and expense, to obtain and maintain public liability insurance at all times during the term of this Amended Lease with responsible insurance companies, legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, with such reasonable coverage limits as may be determined by Lessee but with such coverage limits at all times to be not less than $1,000,000.00 for all damages arising out of bodily injuries to or the death of one person in any one occurrence, and, subject to the aforesaid limit for each person, a total of $5,000,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits of not less than $1,000,000.00 for all damages arising out of damage to or destruction of property in any one occurrence. The said public liability insurance shall insure Lessor and Lessee against any liability, damage, claim or demand in any way arising out of or in connection with the condition or use of the Property. Section Forty-Five: Delivery Of Insurance Policies. Insurance policies, and all endorsements thereto, including all insurance required to be carried by Lessee in accordance with this Amended Lease, or, at the option of Lessee, certificates showing that such insurance is in force and non-cancellable without at least thirty (30) days' prior written notice to Lessor, shall be delivered to Lessor by Lessee. Section Forty-Six: Evidence Of Payment Of Premiums. Lessee shall at once furnish to the Commission duplicate receipts or satisfactory evidence of the payment of all premiums on any and all insurance required to be carried by Lessee in accordance with this Amended Lease. Section Forty-Seven: Mortgaging Of The Leasehold. Lessee, and every successor and assign of Lessee (and any Recognized Sublessee and every successor and assign of a Recognized Sublessee, pursuant to sub-section (B) of Section Thirty above) shall have the right in addition to any other rights granted in this Amended Lease to encumber its interest in this Amended Lease (or in any Recognized Sublease) without Lessor's consent, under any one or more Leasehold Mortgages (as hereinafter defined), upon the condition that all rights acquired under the Leasehold Mortgage or Mortgages shall be subject to each of the provisions set forth in this Amended Lease and to

"GA1979.1.1692">

all rights and interest of the Lessor therein. If, from time to time, Lessee or Lessee's successors and assigns (or Recognized Sublessees or their successors and assigns) shall encumber this Amended Lease (or any Recognized Sublease) with a Leasehold Mortgage, and if the Leasehold Mortgagee (as hereinafter defined) registers with Lessor by delivering to Lessor a copy of such recorded Leasehold Mortgage certified by the Clerk or any Deputy Clerk of the Superior Court of Fulton County, Georgia, together with written notice specifying the name and address of the Leasehold Mortgagee and the pertinent recording data with respect to the Leasehold Mortgage, Lessor agrees that, anything in this Amended Lease to the contrary notwithstanding, from and after the date of receipt by Lessor of such notice and for the term (duration) of such Leasehold Mortgage, the following provisions shall apply: (A) Form Of Security Instrument. The term Leasehold Mortgage, as used in this Amended Lease shall mean and refer to any encumbrance of this Amended Lease (or any Recognized Sublease) as security for any indebtedness Lessee or Lessee's successors and assigns or any Recognized Sublessee and its successors and assigns, may incur, whether by deed to secure debt, mortgage, deed of trust, or other security instrument, The term Leasehold Mortgagee shall mean and refer to holder of the indebtedness secured by any Leasehold Mortgage. (B) Consent To Amendment. There shall be no cancellation, surrender or modification of this Amended Lease by Lessor and/or Lessee without the prior written consent of any Leasehold Mortgagee. Nothing herein shall be deemed to prohibit Lessor from terminating this Amended Lease for default of Lessee as provided in this Amended Lease. (C) Notices To Leasehold Mortgagees. Lessor, upon serving Lessee with any notice of default, shall simultaneously serve a copy of such notice on any Leasehold Mortgagee. The Leasehold Mortgagee shall then have the same period after service of the notice on it to remedy or cause to be remedied the default complained of and Lessor shall accept performance by or at the instigation of any Leasehold Mortgagee as if it has been done by Lessee. Any notice required to be given to any Leasehold Mortgagee shall be posted in the United States mail, postage prepaid, certified (and wired by telegraphic means) and addressed to the

"GA1979.1.1693">

Leasehold Mortgagee at the address and to the attention of the person designated to Lessor by such Leasehold Mortgagee to receive copies of such notices and shall be deemed to have been served as of the date the said notice is postmarked by the United States Postal Service or its successor. (D) Curative Rights Of Leasehold Mortgagees. In addition to the rights granted to any Leasehold Mortgagee under sub-section (C) of this Section Forty-Seven, a Leasehold Mortgagee shall have an additional period of thirty (30) days to remedy or cause to be remedied any default complained of, provided such Leasehold Mortgagee shall reimburse Lessor, at the time of so remedying the default, for all costs and expenses to Lessor of maintaining, protecting, insuring and operating the Property during the additional thirty (30) day period. (E) Limitation Upon Termination Rights Of Lessor. If Lessor shall elect to terminate this Amended Lease by reason of any default of Lessee, the Leasehold Mortgagee shall also have the right to postpone and extend the date of termination as fixed by the provisions of this Amended Lease for a period of not more than three (3) months from the expiration of the thirty (30) day period specified in sub-section (D) of this Section Forty-Seven, provided that the Leasehold Mortgagee shall have cured or shall have caused to be cured any then existing money defaults and meanwhile shall pay the Rent and other charges required to be paid under this Amended Lease; and provided further, that the Leasehold Mortgagee of this Amended Lease shall forthwith take steps necessary to acquire or sell Lessee's interest and estate in this Amended Lease by foreclosure of its Leasehold Mortgage, or otherwise, and shall prosecute such action to completion with due diligence. If at the end of the three (3) month period, the Leasehold Mortgagee of this Amended Lease shall be actively engaged in steps to acquire or sell Lessee's interest in this Amended Lease, all money defaults having been cured, the time for Leasehold Mortgagee to comply with the provisions of this sub-section (E) of this Section Forty-Seven shall be extended for such period as shall be reasonably necessary to complete these steps with reasonable diligence and continuity. (F) Assignment. Lessor agrees that in the event of any foreclosure under any Leasehold Mortgage, either by judicial proceedings

"GA1979.1.1694">

or under power of sale contained therein all right, title and interest encumbered by such Leasehold Mortgage may, without the consent of Lessor, be assigned to and vested in the purchaser at such foreclosure sale subject and subordinate, however, to the rights, title and interests of Lessor, and (in the case of a Leasehold Mortgage encumbering all or any part of the estate of any Recognized Sublessee) subject and subordinate to the rights, title and interests of Lessee; and, notwithstanding that Lessor's consent to said assignment shall not have been obtained, any such assignee shall be vested by virtue of such assignment with any and all rights of the party whose estate was encumbered by such Leasehold Mortgage as though Lessor had consented thereto. (G) Mortgagee Leases. Lessor agrees that in the event of a termination of this Amended Lease by reason of any default by Lessee, and subject to the rights herein granted to Leasehold Mortgagees, Lessor will enter into a lease (hereinafter referred to as the Mortgagee Lease) of the Property with the Leasehold Mortgagee for the remainder of the term effective as of the date of termination, at the same Rent and upon the same terms, provisions, covenants and agreements as contained in this Amended Lease and subject to no additional exceptions or encumbrances other than those set forth in Exhibit B hereof and to the rights, if any, of the parties then in possession (actual or constructive) of any part of the Property; provided, Lessor shall assign to the Leasehold Mortgagee without recourse, warranty or representation of any kind and on such form as is reasonably acceptable to Lessor, all of Lessor's interest in any Recognized Sublease made and executed pursuant to Section Thirty hereof, if any, and provided further: (1) The Leasehold Mortgagee shall make written request upon Lessor for the execution of such a Mortgagee Lease within thirty (30) days after the date of termination and the written request is accompanied by payment to Lessor of all sums then due to Lessor under this Amended Lease. (2) The Leasehold Mortgagee shall pay to Lessor at the time of the execution and delivery of the Mortgagee Lease any sums that at the time of its execution and delivery would be due pursuant to this Amended Lease but for the termination,

"GA1979.1.1695">

and in addition, all reasonable attorney's fees, which Lessor shall have incurred by reason of the default. (3) The Leasehold Mortgagee shall perform and observe all covenants contained in the Mortgagee Lease on Lessee's part to be performed during such period of time commencing with the date of the execution of the Mortgagee Lease and terminating upon the abandonment or surrender of possession of the Property under the said Mortgagee Lease and shall further remedy any other conditions that Lessee was obligated to perform under the terms of this Amended Lease. (4) The Lessor shall not warrant possession or quiet enjoyment of the Property to the lessee (Leasehold Mortgagee) under the Mortgagee Lease. (5) The Mortgagee Lease shall be expressly made subject to the rights, if any, of the Lessee under this Amended Lease and to the rights, if any, of the Recognized Sublessees (and any other person or entity claiming by, through or under any Recognized Sublessee) under any Recognized Sublease pursuant to Section Thirty (B) hereof. (6) The Leasehold Mortgagee (the lessee under the Mortgagee Lease) shall assume all of the obligations of Lessor under any Recognized Sublease. (7) The lessee (Leasehold Mortgagee) under the Mortgagee Lease shall have the same right, title and interest in and to the Property and the right to use of the buildings and improvements thereon as Lessee had under this Amended Lease. (H) Agreement Between Lessor And Leasehold Mortgagee. Lessor, upon request, and without any further action or authorization by the Georgia General Assembly being necessary, shall execute, acknowledge and deliver to each Leasehold Mortgagee an agreement, in form reasonably satisfactory to Leasehold Mortgagee and Lessor, by and between Lessor, Lessee and Leasehold Mortgagee (provided the same has been previously

"GA1979.1.1696">

executed by Lessee and Leasehold Mortgagee) agreeing to all of the provisions of this Section Forty-Seven of this Amended Lease. Lessee agrees to pay all costs and expenses incurred by Lessor in connection with the preparation and/or execution of said agreement. (I) Limitation On Number Of Leasehold Mortgages. The rights granted a Leasehold Mortgagee under this Section Forty-Seven shall not extend, as to any one portion of the Property, to more than five (5) such Leasehold Mortgagees at any one time, and shall, as among Leasehold Mortgagees whose Leasehold Mortgages encumber the same estate, be exercisable by said Leasehold Mortgagees in the order of the respective priority of their Leasehold Mortgages, to the exclusion of those Leasehold Mortgagees junior in priority and those Leasehold Mortgagees whose Leasehold Mortgages encumber a lesser estate; provided, however, if at the time a Leasehold Mortgagee registers with Lessor in accordance with this Section Forty-Seven, there exists a Leasehold Mortgage encumbering the same estate and secured by or including the same portion of the Property which Leasehold Mortgagee has been previously registered with Lessor in accordance with this Section Forty-Seven, the Leasehold Mortgage or Mortgages first in time of registration with Lessor shall, unless otherwise agreed upon between the Leasehold Mortgagees encumbering the same estate, notice of such agreement being provided to Lessor, have priority with respect to such portion of the Property and the rights granted to a Leasehold Mortgagee under this Section Forty-Seven but shall not have priority with respect to any Leasehold Mortgage then or thereafter encumbering a senior or superior estate. Subject to the foregoing limitation that the rights granted a Leasehold Mortgagee under this Section Forty-Seven shall not extend, as to any one portion of the Property, to more than five (5) such Leasehold Mortgagees at any one time, Lessor and Lessee agree that there is no limit on the total aggregate number of Leasehold Mortgagees at any time and from time to time entitled to exercise the rights granted to Leasehold Mortgagees under this Section Forty-Seven. (J) Limitation On Liability Of Leasehold Mortgagee. Lessor agrees that any Leasehold Mortgagee permitted under this Amended Lease shall in no manner or respect whatsoever be liable or

"GA1979.1.1697">

responsible for any of Lessee's obligations or covenants under this Amended Lease, unless and until such Leasehold Mortgagee becomes the owner of said leasehold estate by foreclosure, sale in lieu of foreclosure or otherwise, in which event such Leasehold Mortgagee shall remain liable for such obligations and covenants only so long as it remains the owner of said leasehold estate. Section Forty-Eight: Default Lessee's Right To Cure Lessor's Rights Upon Failure By Lessee To Cure. In the event Lessee fails or refuses to observe, perform or comply with any of the provisions of this Amended Lease, Lessor may, by serving written notice on Lessee, and on any Recognized Sublessee, and on any Leasehold Mortgagee entitled to receive copies of notices in accordance with Section Forty-Seven of this Amended Lease, declare Lessee to be in default in Lessee's obligations under this Amended Lease. Except as otherwise provided in Section Fifty- One of this Amended Lease, in the event of Lessee's failure to completely and totally remedy or cure any such default within thirty (30) days after the date of the written notice from Lessor, or, if complete and total remedy or cure (except for a default with respect to the payment of monetary sums) cannot be effected despite a good faith effort to effect such remedy or cure within the said thirty (30) days, in the event of Lessee's failure to commence within the said thirty (30) days a good faith effort to completely and totally cure the default within six (6) months after commencement, Lessor may pursue one of the following options: (A) Termination Rights Of Lessor. Terminate this Amended Lease immediately upon written notice thereof to Lessee, and thereafter, without legal process, enter upon and take possession and control of the Property to the complete exclusion of Lessee. Lessor may also demand, collect and retain all rents due from tenants occupying the Property and Lessor may otherwise treat and occupy the Property as if this Amended Lease had expired of its own limitation. The failure of Lessor to exercise such rights after one or more defaults shall not be a waiver of the rights of Lessor upon any subsequent default; or (B) Re-letting Rights Of Lessor. As Lessee's legal representative, without terminating this Amended Lease, re-let the Property without advertisement and by private negotiations for such term or terms and at such rental or rentals as Lessor in its sole

"GA1979.1.1698">

discretion may deem proper and advisable, with the right to make alterations and repairs to the Property. Upon each such re-letting: (1) Lessee shall be immediately liable to pay to Lessor, in addition to any sums due hereunder, the cost and expenses of such re-letting and of such alterations and repairs incurred by Lessor; and (2) rents received by Lessor from such re-letting shall be applied: First, to the payment of any costs and expenses of such re-letting and of such alteration and repair; Second, to the payment of Rent due and unpaid under this Amended Lease; and Third, the residue, if any, shall be held by Lessor, in escrow, and (i) applied to the payment of the Rent as the same becomes due under this Amended Lease and, (ii) if any balance then remains, paid to Lessee at the termination of this Amended Lease. Lessor shall in no event be liable to Lessee for any interest on the said residue. Section Forty-Nine: Extinguishment Of Lessee's Rights Upon Termination. Upon the termination or expiration of this Amended Lease from any cause, all rights and interests of Lessee, and all persons whomsoever claiming by, through or under Lessee, except for Recognized Sublessees and except for the rights of Leasehold Mortgagees as provided for in Section Forty-Seven of this Amended Lease, shall immediately cease and determine and the Property, including all buildings, improvements, engines, machinery, dynamos, generators, boilers, furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling, refrigerating, air conditioning, ventilating, gas, electric and plumbing apparatus, appliances and fixtures, as well as other fixtures attached to or within the Property, shall thenceforward constitute and belong to and be the absolute property of Lessor or Lessor's successors and assigns, without further act or conveyance, and without liability to make compensation to Lessee or to anyone whomsoever, and free and discharged from all and every lien, encumbrance, claim and charge of any character created or attempted to be created by Lessee at any time. Section Fifty: Prepaid Items Assigned. Upon the expiration of the term of this Amended Lease, or upon the prior termination of this Amended Lease from any cause, all expense items prepaid by Lessee

"GA1979.1.1699">

with respect to constructing, operating, maintaining and protecting the Property, including, but not limited to, prepaid insurance premiums, any Tax and utility deposits, shall inure to the benefit of and become the property of Lessor and to this extent Lessee does hereby transfer, assign and convey any such prepaid expense items to Lessor. Section Fifty-One: BankruptcyAppointment Of A ReceiverDebtor Relief ProceedingsGeneral Assignment For Benefit Of CreditorsLevy Upon Property. In addition to the happening of any event hereinabove set out which gives Lessor the right to declare a default of this Amended Lease, Lessor may, at its option, declare a default of this Amended Lease and immediately elect one of the options provided in Section Forty-Eight of this Amended Lease upon the happening of any or all of the following events: (A) Bankruptcy. If Lessee is adjudicated a bankrupt; or (B) Receivership. If a permanent receiver is appointed for Lessee's interest in the Property and such receiver is not removed within sixty (60) days after notice from Lessor to Lessee to obtain such removal; or (C) Debtor Relief. If Lessee voluntarily or involuntarily takes advantage of any debtor relief proceedings under any present or future law whereby the Rent or any part thereof is reduced or payment thereof deferred and said proceedings are not dismissed within sixty (60) days after notice from Lessor to Lessee to obtain such dismissal; or (D) Assignment For Benefit Of Creditors. If Lessee makes a general assignment for benefit of creditors, or (E) Levy Upon Property. If the Property or Lessee's effects or interests therein should be levied upon or attached under process against Lessee, and the same is not satisfied or dissolved within sixty (60) days after notice from Lessor to Lessee to obtain satisfaction or dissolution thereof. Section Fifty-Two: Inspection Of Property By Lessor. Lessor, its authorized representatives, agents, employees and attorneys may, but shall be under no duty to, enter the Property at reasonable times

"GA1979.1.1700">

and hours, subject to the rights of tenants in possession, if any, to inspect the Property in order to determine whether Lessee is complying with its undertakings, duties and obligations under this Amended Lease. Section Fifty-Three: Property Subject To Zoning. Lessee takes the Property subject to all zoning regulations and ordinances now or hereafter in force including, but not limited to, those as to building line and setback. Lessee, in its discretion and at its own cost and expense, may, in good faith, institute rezoning proceedings or contest and litigate the validity of any zoning ordinance, rule, regulation, resolution or statute of any governmental body affecting the Property or Lessee's use or occupancy thereof; provided, however, that Lessee shall first give Lessor written notice thereof. The Commission shall execute on behalf of Lessor any and all documents reasonably requested by Lessee in connection with any such proceedings or litigation. Lessee shall indemnify Lessor from any and all liability which might arise by reason of any such proceedings or litigation. Section Fifty-Four: Total Or Partial Condemnation. If, during the term of this Amended Lease, the Property or any part thereof is condemned or taken by the United States or by any other legal entity having power of eminent domain over the Property then: (A) Lease Termination. (1) Total Condemnation. If all of the Property, or such portion thereof as renders the residue of the Property of no substantial commercial value, is so condemned, this Amended Lease shall, at the option of Lessee, terminate on the date title to the Property or the condemned portion thereof vests in the condemnor; provided, however, that such termination shall not benefit the condemnor and shall be without prejudice to the rights of either Lessor or Lessee to recover just and adequate compensation from any such condemnor. (2) Partial Condemnation. In the event the residue of the Property is of substantial commercial value, then the Rent otherwise payable throughout the remainder of the term of

"GA1979.1.1701">

this Amended Lease shall be reduced as follows: the percentage which the value of the residue of the Property (excluding all structures and improvements thereon) after condemnation bears to the value of the Property (excluding all structures and improvements thereon) immediately prior to such condemnation shall be determined by appraisal as hereinafter provided, and the percentage determined by said appraisal shall be multiplied by the amount of the Rent otherwise payable under the provisions of Section Two of this Amended Lease and the product thereof shall thereafter be payable as the Rent hereunder; and in such event, Lessee shall forthwith repair or rebuild the improvements remaining on such residue of the Property to the extent that it is economically feasible for Lessee to do so. If the percentage which the value of the residue of the Property (excluding all structures and improvements thereon) after condemnation bears to the value of the Property (excluding all structures and improvements thereon) immediately prior to such condemnation is determined (by appraisal as hereinafter provided) to be greater than or equal to twenty-five percent (25%), the residue of the Property will, for purposes of this Section Fifty-Four, be considered to be of substantial commercial value. (B) Separate Awards. The Court in such condemnation proceeding shall, if not prohibited by law, be requested to make separate awards to Lessor and Lessee, and Lessor and Lessee agree to request such action by the court. This Section Fifty-Four of this Amended Lease shall be construed as superseding and being hereby substituted for any statutory provisions now in force or hereafter enacted concerning condemnation proceedings to the extent permitted by law. (C) Division Of Single AwardTotal Condemnation. If such court is prohibited by law from making separate awards to Lessor and Lessee or declines to do so, and if all of the Property or such portion thereof as renders the residue of the Property of no substantial commercial value is so condemned, the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (1) Lessee shall receive that portion of the award which is equal to the product obtained by multiplying

"GA1979.1.1702">

the amount of the award by a fraction, the numerator of which shall be the sum of (i) the value of all buildings and improvements on the Property plus (ii) the value of Lessee's leasehold estate hereunder had the Property not been condemned plus (iii) the amount of any and all other loss or damage, if any, including, but not limited to, consequential damages for such condemnation, suffered by Lessee as a result of such condemnation, and the denominator of which shall be equal to the sum of (i) the value of all buildings and improvements on the Property plus (ii) the value of Lessee's leasehold estate hereunder had the Property not been condemned plus (iii) the value of Lessor's right to receive Rent hereunder plus (iv) the value of Lessor's reversionary interest in the Property plus (v) the value of Lessor's reversionary interest in the buildings and improvements on the Property upon the expiration of this Amended Lease on December 27, 2044, plus (vi) the amount of any and all other loss or damage, if any, including, but not limited to, consequential damages for such condemnation, suffered by Lessee as a result of such condemnation; and (2) Lessor shall receive the balance of the award. For the purposes of this sub-section (C) of this Section Fifty-Four, the values set forth hereinabove shall be determined (by appraisal, as hereinafter provided) as of the date immediately preceding such condemnation. (D) Division Of Single AwardPartial Condemnation. If such court is prohibited by law from making separate awards to Lessor and Lessee or declines to do so, and if the residue of the Property after such condemnation is of substantial commercial value, then the award in such comdemnation proceeding shall be divided between Lessor and Lessee so that (1) Lessee shall receive that portion of the award which is equal to the product obtained by multiplying the amount of the awards by a fraction, the numerator of which shall be equal to the sum of (i) the difference between the value of all buildings and improvements on the Property immediately prior to such condemnation and the value of the residue of all buildings and improvements on the Property immediately after such comdemnation plus (ii) the difference between the value of Lessee's leasehold estate hereunder had the Property not been condemned and the value of Lessee's leasehold estate hereunder following such condemnation plus (iii) the amount of any and all other loss or damage,

"GA1979.1.1703">

if any, including, but not limited to, consequential damages for such condemnation, suffered by Lessee as a result of such condemnation, and the denominator of which shall be equal to the sum of (i) the numerator of this fraction plus (ii) the difference between (a) the sum of the value of Lessor's right to receive Rent hereunder plus the value of Lessor's reversionary interest in the Property plus the value of Lessor's reversionary interest in the buildings and improvements on the Property immediately prior to such condemnation and (b) the sum of the value of Lessor's right to receive Rent hereunder plus the value of Lessor's reversionary interest in the Property plus the value of Lessor's reversionary interest in the buildings and improvements after such condemnation; and (2) Lessor shall receive the balance of the award. For the purposes of this sub-section (D) of this Section Fifty-Four, the values set forth hereinabove shall be determined by appraisal as hereinafter provided. (E) Use Of Lessee's Award. That portion of the award of Lessee for any condemnation attributable to the value of the buildings and improvements on the Property and to the value of Lessee's leasehold estate hereunder shall be paid by Lessee to Lessee's Leasehold Mortgagee and applied to all or any part of the indebtedness secured by such Leasehold Mortgagee's Leasehold Mortgage unless applied by the Leasehold Mortgagee to the repair or restoration of the improvements damaged by such condemnation, provided that any amount of such award not so applied shall be paid to Lessee. (F) Appraisals. For the purpose of determining the appropriate reduction in the Rent payable hereunder in the event of a partial condemnation of the Property as set forth in sub-section (A) of this Section Fifty-Four, and for the purpose of determining any value or amount which is to be determined by appraisal pursuant to subsections (C) and (D) of this Section Fifty-Four, Lessor and Lessee shall each appoint one appraiser to determine the applicable value(s) or amount(s), and each shall promptly notify the other of such appointment. If either party shall fail or refuse so to appoint an appraiser and give notice thereof within thirty (30) days after written request from the other party, the appraiser appointed by such other party shall within an additional thirty (30) days thereafter individually make any such appraisal. If the parties have each so appointed an appraiser, the

"GA1979.1.1704">

two appraisers thus appointed shall make such determination within thirty (30) days after the date of the later notice of appointment. If such two appraisers are unable to agree on such determination within said thirty (30) days, they shall, within an additional thirty (30) days thereafter, jointly appoint a third appraiser; if they fail so to appoint such third appraiser within said thirty (30) days, the third appraiser shall be appointed jointly by Lessor and Lessee (or upon their inability to agree, by the senior judge of the Superior Court of Fulton County, Georgia). The three appraisers so appointed shall then promptly make such determination by majority vote. Any determination made pursuant to this subsection (F) of this Section Fifty-Four shall be binding and conclusive upon Lessor and Lessee, without any right of appeal. All appraisers appointed hereunder shall be competent, qualified by training and experience, disinterested, independent, and members in good standing of the American Institute of Real Estate Appraisers, or its successor. All appraisal reports shall be rendered in writing and signed by the appraiser or appraisers making the report. Each party shall pay all fees and expenses charged or incurred by the appraiser appointed by such party; fees and expenses charged or incurred by the third appraiser and fees and expenses which cannot be reasonably attributed to any one appraiser shall be borne equally by Lessor and Lessee. (G) Other Evidence. Except as provided in sub-section (F) of this Section Fifty-Four, and for the specific limited purpose set forth therein, nothing herein contained to the contrary shall be deemed to prohibit Lessor or Lessee from introducing into any such condemnation proceeding or proceedings such appraisals or other estimates of value, loss and damage as each of them may see fit. (H) Reformation. Subject to the foregoing provisions of this Section Fifty-Four, Lessor and Lessee agree that upon any condemnation of the Property or any portion thereof or any interest of Lessee therein, this Amended Lease and all of Lessee's covenants, agreements, obligations, duties, rights, powers and privileges created thereby shall automatically be deemed to be apportioned and to apply to and affect solely that portion of the Property or that interest of Lessee in and to the Property or any portion thereof which is owned by Lessee under this Amended Lease following any such condemnation.

"GA1979.1.1705">

This Section Fifty-Four of this Amended Lease shall not constitute an acknowledgment by Lessor or Lessee or either or both of them that Lessor's rights as a Sovereign in and to the reversionary fee simple estate in the Property are in any manner subject to any power of eminent domain vested in any government or other legal entity. Section Fifty-Five: Lessee's Rights And Obligations With Respect To Certain Of The Terms And Conditions Contained In Exception (A) Entitled Air, Mineral And Other Rights Contained In The March 4, 1968 Western Atlantic Railroad Lease. With respect to that portion of the Property which consists of the air rights over the right-of-way of the Western Atlantic Railroad as the said right-of-way is located as of the date of execution of this Amended Lease by Lessor or as the said right of-way may be relocated pursuant to, under and by virtue of the terms and conditions of that certain March 4, 1968 Lease of the Western Atlantic Railroad by and between Lessor and the Louisville and Nashville Railroad Company (hereinafter referred to as the March 4, 1968 Lease), Lessor and Lessee hereby covenant and agree as follows: (A) Simultaneous Submission To Lessor And To Louisville And Nashville Railroad Company. To the extent, if at all, that any submissions made by Lessee to Lessor pursuant to the requirements of Section Nineteen, Section Twenty-Two, Section Twenty-Four or Section Fifty-Five (B) of this Amended Lease require consideration to be given to such submissions by the Louisville and Nashville Railroad Company (LN) by reason of the provisions of Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968 Lease, Lessee agrees to make any such submission simultaneously both to Lessor and to LN and to diligently assert its best efforts to obtain the written acceptance or approval of any such submission by a properly authorized officer or official of LN before formally requesting any action to be taken, easement to be granted, agreement to be executed or approval to be given by Lessor. Lessor agrees to cooperate with Lessee in presenting to LN any reasonable requests that may be made by Lessee which require the acceptance or approval of LN. (B) Relocation Of Railroad Tracks. To the extent, if at all, that Lessee makes the determination that the development and utilization of the property described in Exhibit A hereof, or

"GA1979.1.1706">

any portion thereof, necessitates the relocation of any portion of the Western Atlantic Railroad tracks, Lessee shall submit to Lessor, with the Structural Plans on which such determination is based, any request which would necessitate Lessor's consideration of requiring LN to implement the relocation of such tracks pursuant to the rights of Lessor as set forth in Exception (A) of the March 4, 1968 Lease, so long as; (1) Such relocation is necessary to permit the placement of any pillar providing support to a structure located in or upon the Property; and (2) There is no point at which said pillar can be placed consistent with sound engineering practices without necessitating the relocation of said track; and (3) Neither such relocated track nor the work of relocation will unreasonably interfere with the use by LN under the said March 4, 1968 Lease, or any sublessee of LN, of the properties leased under the said March 4, 1968 Lease, or unreasonably reduce the operating capacity or operating convenience of said properties, whether only in the immediate vicinity of said relocated track or elsewhere on the said properties, and (4) Such relocation, including acquisition of additional land, if necessary, and all other work and modifications of other tracks and structures necessitated by such relocation are performed without cost to Lessor ot to LN or to any sublessee of LN and at such reasonable times and in accordance with such reasonable standards and specifications as may be established by LN under the said March 4, 1968 Lease. Section Fifty-Six: Estoppel Certificates. Lessor and Lessee will execute, acknowledge and deliver, to the other promptly upon request, a Certificate certifying as to the following: (A) Validity Of Lease. That this Amended Lease is unmodified and in full force and effect (or, if there have been modifications, that this Amended Lease is in full force and effect, as modified, and stating the modifications);

"GA1979.1.1707">

(B) Payment Of Rent. The dates through which the Rent under this Amended Lease has been paid; (C) Amount Of Rent Due. The amount of the Rent then payable; (D) Security Deposits. The amount and status of the Security Deposit required pursuant to Section Five hereof; (E) Recognized Subleases. Those subleases, if any, which have been recognized [and the date(s) of said recognition] pursuant to Section Thirty hereof; and (F) Defaults By Lessee. That no notice has been given by Lessor to Lessee of any default under this Amended Lease which has not been cured and to the best of its knowledge and belief no default exists (or, if there has been any notice given or a default exists, describing the same). Certificates from Lessor and Lessee pertaining to the same matters may be relied upon by any prospective Leasehold Mortgagee or by any prospective assignee of an interest under this Amended Lease or by any prospective sublessee as to all or any portion of the Property. Section Fifty-Seven: Individual Leases. [INTENTIONALLY OMITTED.] Section Fifty-Eight; Addresses For NoticesRequirement That All Notices, Demands And Requests Be In Writing. Until a different address is given to Lessee in writing, all notices required to be given to Lessor hereunder shall be mailed by United States certified or registered mail, return receipt requested, with a copy thereof wired by telegraphic means, to the Executive Director of the State Properties Commission, Post Office Box 38121, Capitol Hill Station, Atlanta, Georgia 30334. All notices required to be given to Lessee hereunder shall, until a different address is given to Lessor in writing, be mailed by United States certified or registered mail, return receipt requested, with a copy thereof wired by telegraphic means, to Lessee at the following address: c/o Selig Enterprises, Inc. 1100 Spring Street Atlanta, Georgia 30309

"GA1979.1.1708">

Notwithstanding anything contained in this Amended Lease to the contrary, any notice required to be given by Lessor or Lessee hereunder shall be deemed to have been given and shall be effective as of the date of the postmark of the United States Postal Service reflected on said notice. All notices, demands or requests made by either party to the other which are required or permitted by the provisions of this Amended Lease shall be in writing. Section Fifty-Nine: Submission Of Matters To Lessor For Approval. Any matter which must be submitted to and consented to or approved in writing by Lessor or any matter which must be submitted to Lessor which may become effective if not denied by Lessor, as required under this Amended Lease, shall be submitted to Lessor by hand or mailed by United States certified or registered mail, return receipt requested to the Executive Director, State Properties Commission, Post Office Box 38121, Capitol Hill Station, Atlanta, Georgia 30334 (or any successor commission, agency, department or board having specific statutory authority to administer properties owned by the State of Georgia) and shall either be approved or rejected by the Commission within sixty (60) days after receipt unless a shorter period of time is expressly stated elsewhere in this Amended Lease, provided, however, where any such matter involves consideration by Lessor of requiring any relocation pursuant to Section Fifty-Five (B) hereof of either of the two main line tracks of the Western Atlantic Railroad, no time period expressed in this Amended Lease shall apply as to any such matter. If the Commission should fail so to approve or reject within such sixty (60) day period as provided for herein, Lessor's approval shall be assumed to have been unconditionally granted and Lessee shall have the right to proceed on such matter so submitted. The Commission shall inform Lessee in writing of its rejection or approval of such submitted matter by United States certified or registered mail, return receipt requested, to the address of Lessee designated for the giving of notice to Lessee under Section Fifty-Eight of this Amended Lease. Notwithstanding anything contained in this Section Fifty-Nine to the contrary, in the event that Lessee obtains the approval of the LN to any matter which must be submitted to the LN pursuant to Section Fifty-Five of this Amended Lease, such matter shall be either approved or rejected by the Commission within thirty (30) days after the receipt by the Commission of evidence of the approval of such matter by the LN.

"GA1979.1.1709">

Section Sixty: Holding Over By Lessee. Lessee shall not use or remain in possession of the Property after the termination of this Amended Lease. Any holding over, or continued use and/or occupancy by Lessee after the termination of this Amended Lease, without the written consent of Lessor, shall not constitute a tenant-at-will interest in behalf of Lessee, but Lessee shall become a tenant-at-sufferance at the annual rate (payable monthly) of Rent in effect for the immediately preceding year of the term of this Amended Lease. There shall be no renewal whatsoever of this Amended Lease by operation of law. Section Sixty-One: No Waiver Of Rights By Lessor. No failure of Lessor to exercise any power given Lessor hereunder or to insist upon strict compliance by Lessee with its undertakings, duties and obligations hereunder, and no custom or practice of the parties hereto at variance with the provisions hereof shall constitute a waiver of Lessor's right to demand exact compliance with the provisions contained in this Amended Lease. Section Sixty-Two: Rights Are Cumulative . All rights, powers and privileges conferred herein upon both parties hereto shall be cumulative. Section Sixty-Three: Provisions Are Binding Upon Assigns And Are Covenants Real . It is mutually covenanted, understood and agreed by and between the parties hereto, that each of the provisions of this Amended Lease shall apply to, extend to, be binding upon and inure to the benefit or detriment of not only the parties hereto, but also the legal representatives, successors and assigns of Lessor and Lessee hereto, and shall be deemed and treated as covenants real running with the Property during the term of this Amended Lease. Whenever a reference to the parties hereto is made, such reference shall be deemed to include the legal representatives, successors and assigns of said party, the same as if in each case expressed. This Amended Lease is entered into by Lessee, and Lessee is acting under this Amended Lease and with respect to the Property in all respects, solely as the trustees under the will of Ben J. Massell, deceased, and not individually or in any other capacity. Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, and their respective heirs, legal representatives and assigns, shall not have any personal liability, individually or in any capacity other than as trustees under the Will of Ben J. Massell, deceased, under or in connection with any provisions of this Amended Lease.

"GA1979.1.1710">

Section Sixty-Four: Georgia Law Applies. This Amended Lease shall be governed, construed, performed and enforced in accordance with the laws of the State of Georgia. Section Sixty-Five: All Genders And Numbers Included. Whenever the singular or plural number, or masculine, feminine, or neuter gender is used in this Amended Lease, it shall equally apply to, extend to, and include the other. Section Sixty-Six: Invalidity Of Provision Or Part Thereof. In the event any provision, or any portion of any provision, of this Amended Lease is held invalid, the other provisions of this Amended Lease and the remaining portion of said provision, shall not be affected thereby and shall continue in full force and effect. Section Sixty-Seven: State Properties Commission Acts For Lessor. In the performance of all terms, satisfaction of all conditions, fulfillment of all requirements and discharge of all obligations and duties of Lessor under this Amended Lease, including discretionary determinations to be made pursuant hereto, including, but not limited to, the execution of easements pursuant to Sections Nineteen and Twenty-Four hereof, the execution of Mortgagee Leases pursuant to Section Forty-Seven hereof, the execution of any Estoppel Certificates pursuant to Section Fifty-Six hereof, any modification of the Security Deposit pursuant to Sections Five, Six and Seven hereof, any approvals granted or consents required pursuant to Sections Twenty-Two and Thirty-One hereof, any action required in any proceedings contemplated under Sections Ten and Fifty-Three hereof, the approval or rejection and execution of any agreements with respect to any sublease submitted for recognition pursuant to Section Thirty hereof, appointment of an appraiser pursuant to Section Fifty-Four hereof, the execution of such agreements as are contemplated pursuant to Section Fifty-Five hereof, and any approvals pursuant to Section Fifty-Nine hereof, the Commission shall act for and on behalf of Lessor and without any further action or authorization by the Georgia General Assembly being necessary to authorize and empower the Commission to so act. However, Lessor reserves the right through appropriate action by the Georgia General Assembly (legislation) to appoint such other agent as it may designate to perform such terms, satisfy such conditions, fulfill such requirements and discharge such obligations and duties.

"GA1979.1.1711">

Section Sixty-Eight: Time Is Of Essence. All time limits stated in this Amended Lease are of the essence of this Amended Lease. Section Sixty-Nine: Section Captions Are To Be Disregarded. The captions of the numbered Sections of this Amended Lease are for purposes of identification and convenience only and are to be completely disregarded in construing this Amended Lease. Section Seventy: Entire Agreement Contained Herein. The making, execution and delivery of this Amended Lease by Lessee has not been induced by any representations, statements, covenants (including, but not limited to, convenants of quiet enjoyment) or warranties (including, but not limited to, representations, statements or warranties with respect to title to the Property or its condition or its suitability for Lessee's purposes) by Lessor. This Amended Lease constitutes the full, complete and entire agreement between and among the parties hereto; no agent, employee, officer, representative or attorney of the parties hereto has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith modifying, adding to or changing the provisions of this Amended Lease. No amendment of this Amended Lease shall be binding unless such amendment shall be in writing, signed by both parties hereto. Section Seventy-One: Consents. Anything elsewhere in this Amended Lease to the contrary notwithstanding, Lessor and Lessee hereby covenant and agree that from and after the date hereof Lessee shall have no obligation, requirement or duty, to seek or obtain the consent or approval of any person or entity to any matter whatsoever except only the Commission (acting for and on behalf of Lessor), any tenant or lessee of Lessor and the lessee of the property known as the Western and Atlantic Railroad. IN WITNESS WHEREOF, George D. Busbee, Governor of the State of Georgia, as Chairman of the State Properties Commission, and Ben W. Fortson, Jr., Secretary of State of the State of Georgia, as Secretary of the State Properties Commission have this.....day of....., 1979, signed, sealed and delivered (and affixed the Great Seal of the State of Georgia to) this Amended Lease for and on behalf of the STATE OF GEORGIA, Lessor, in duplicate, and SIMON S. SELIG, JR., CHARLES R. MASSELL AND B. F. PATTILLO, AS TRUSTEES UNDER THE WILL OF BEN J. MASSELL,

"GA1979.1.1712">

DECEASED, Lessee, have signed, sealed and delivered this Amended Lease, also in duplicate.

"GA1979.1.1713">

"GA1979.1.1714">

EXHIBIT A-1 LEGAL DESCRIPTION OF TRACT 3 AS SO DESIGNATED IN 1950 LEASE All of the air space within the boundaries of the hereinafter described tract of land which is located over and above a surface located 20 feet 3 inches above the top of rail of the Western and Atlantic Railroad located on said tract of land; said tract of land lying and being in Land Lot 77 of the 14th District of Fulton County, Georgia and being more particularly shown as Tract 3 on Plat Showing Air Rights Lease-Western Atlantic R.R. prepared by L. H. Fitzpatrick, C.E., dated December, 1950, which said plat is attached to and made a part of that certain agreement for Lease of Air Rights Over The Western Atlantic Railroad by and between Western and Atlantic Railroad Commission and Peachtree-Whitehall, Inc., dated December 26, 1950 and recorded in Deed Book 2599, beginning at page 508 in the Office of the Clerk of the Superior Court of Fulton County, Georgia. EXHIBIT A-2 LEGAL DESCRIPTION OF PROPERTY DELETED FROM TRACK 3 OF 1950 LEASE (MARTA PROPERTY) ALL OF THE AIR SPACE above a horizontal plane located twenty feet three inches (20[UNK] 3[UNK]) above the top of rail of the existing Louisville and Nashville Railroad Company track, within the boundary of the following described land: ALL THAT TRACT or parcel of land lying and being in Land Lot 77 of the 14th District of Fulton County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the southeasterly right-of-way line of Broad Street Viaduct and the southwesterly line of property now or formerly owned by The First National Bank of Atlanta, said point being located 250 feet, more or less, southwest, as measured along the southeasterly right-of-way line of the Broad Street Viaduct, from the southeast corner of the intersection of Broad Street and Marietta Street; run thence southeasterly, along the southwesterly line of said First National Bank property, 22.32 feet to a point; run

"GA1979.1.1715">

thence south 34 42[UNK] 25[UNK] west 100 feet, more or less, to a point on the northeasterly line of all rights conveyed to John W. Grant by Instruments, dated May 3, 1923, recorded in Deed Book 723, page 537 and Deed Book 727, page 489, Fulton County, Georgia Records; run thence northwesterly, along said northeasterly air rights property line, 24.41 feet to a point on the southeasterly right-of-way line of the Broad Street Viaduct; run thence northeasterly, along said southeasterly right-of-way, 100 feet, more or less, to the POINT OF BEGINNING. EXHIBIT A LEGAL DESCRIPTION OF LEASED PROPERTY All of the air space within the boundaries of the hereinafter described tract of land which is located over and above a surface which is fixed by horizontal lines drawn at right angles to a line which, on February 20, 1979, is 20 feet 3 inches above the top of rail of the south-bound main line of the Western and Atlantic Railroad tracks located on said tract of land; said top of rail being located on February 20, 1979 at those certain elevations above United States Coast and Geodetic Survey 1929 Adjusted Mean Sea Level which said elevations are more particularly shown on the plat of survey hereinafter identified (said horizontal lines being extended to the various points of intersection with the vertical boundaries of said tract of land); said tract of land lying and being in Land Lot 77 of the 14th District of Fulton County, Georgia and being more particularly shown on that certain plat prepared for Selig Enterprises, Inc. by Watts Browning, Engineers, dated February 12, 1979, revised February 20, 1979, said plat bearing the seal of A. W. Browning, Georgia Registered Land Surveyor No. 490, which said plat by reference is incorporated herein and made a part hereof, and which tract of land is more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING of the tract herein described, begin at a point located on the southeastern right-of-way line of Broad Street Viaduct at its intersection with the southwestern boundary line of property now or formerly owned by The First National Bank of Atlanta, said point being the northernmost corner of property described in that certain Trustees' Deed between Simon S. Selig, Jr., Charles R. Massell and B. F. Patillo, as Trustees of the Residuary Trust created under the Last Will and Testament of Ben J.

"GA1979.1.1716">

Massell, deceased, and Metropolitan Atlanta Rapid Transit Authority, dated February 24, 1977, recorded in Deed Book 6653, page 233, Fulton County, Georgia Records; running thence south 53 degrees 15 minutes 30 seconds east along the southwestern boundary line of said property now or formerly owned by The First National Bank of Atlanta, a distance of 22.32 feet to a point, which point is the TRUE POINT OF BEGINNING of the tract herein described; from the true point of beginning thus established, running thence south 53 degrees 15 minutes 30 seconds east along the southwestern boundary line of said property now or formerly owned by The First National Bank of Atlanta, a distance of 293.83 feet to a point located on the northwestern right-of-way line of Peachtree Street; running thence south 48 degrees 11 minutes 30 seconds west along the northwestern right-of-way line of Peachtree Street, a distance of 60.01 feet to a point, running thence south 57 degrees 48 minutes 30 seconds west along said right-of-way line, a distance of 45.03 feet to a point; running thence north 53 degrees 05 minutes 30 seconds west a distance of 263.59 feet to a point marking the southernmost corner of the land described in the deed recorded in Deed Book 6653, page 233, Fulton County Records; running thence in a northeasterly direction along the southeastern boundary line of the land described in the aforesaid deed, a distance of 100 feet, more or less, to the true point of beginning. The above-described tract of land being the same property demised in that certain Lease of Air Rights Over The Western Atlantic Railroad by and between Western and Atlantic Railroad Commission, Lessor, Peachtree-Whitehall, Inc., Lessee, dated December 26, 1950, recorded in Deed Book 2599, beginning at page 508 in the Office of the Clerk of the Superior Court of Fulton County, Georgia, as said lease has been subsequently amended from time to time. TOGETHER WITH so much of the above-described land and air space over such land but below the above-referenced surface as is necessary for supports and appurtenances for the structures which are or may be constructed, operated, repaired, maintained, removed and replaced within the air space lying over and above the aforesaid surface, including without limitation, among such supports and appurtenances, pilings, foundations, piers and columns, sewer and drainage conduits, utility facilities and other structures or facilities which must reach the ground level or below, and together with the right of reasonable access in, over,

"GA1979.1.1717">

across and through said land and air space over such land but below the aforesaid surface as may be necessary for the construction, operation, repair, maintenance, removal and replacement of said supports and appurtenances or as may be necessary for vehicular and pedestrian access to and from any street, viaduct or right-of-way. EXHIBIT B PERMITTED EXCEPTIONS AND ENCUMBRANCES 1. The rights which the Louisville and Nashville Railroad Company (LN) may have under and by virtue of that certain Lease entered into by and between the State of Georgia, acting through the State Properties Control Commission and under and by virtue of the authority granted by Resolution No. 101 passed by the 1968 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 4, 1968 (Ga. Laws 1968, pp. 54-112) (herein referred to as the March 4, 1968 Lease), as lessor, and LN, as lessee, if and to the extent that this Amended Lease may be subject to any such rights of LN even though (i) this Amended Lease (as an amendment and restatement of the 1950 Lease) covers an area where, as of July 1, 1966, there were grants of air rights providing for a lesser clearance than provided in the March 4, 1968 Lease, and (ii) this Amended Lease (as an amendment and restatement of the 1950 Lease) is one of the air rights grants made by the State prior to July 1, 1966, as such terminology is used in the March 4, 1968 Lease. 2. Declaration of Construction Easement by Simon S. Selig, Jr., Charles R. Massell and B. F. Patillo, as trustees of the Residuary Trust created under the Last Will and Testament of Ben J. Massell, deceased, in favor of Metropolitan Atlanta Rapid Transit Authority dated February 24, 1977, recorded in Deed Book 6653, beginning at page 311, Fulton County Records. 3. Rights of Metropolitan Atlanta Rapid Transit Authority in and to the land described as the Demolition Area in that certain Lease Amendment by and between the State of Georgia, acting by and through the State Properties Commission, and Simon S. Selig, Jr., Charles R. Massell and B. F. Patillo, as Trustees of the Residuary Trust created under the Last Will and Testament of Ben J. Massell,

"GA1979.1.1718">

deceased, dated February 4, 1977, recorded in Deed Book 6653, beginning at page 244, aforesaid records. 4. The southwestern portion of the building located on the Property extends slightly onto the property adjoining on the southwest as shown on plat of survey prepared by Watts Browning, Engineers, dated February 12, 1979, revised February 20, 1979. 5. Rights presently existing, if any, of the City of Atlanta and of the public generally in and to the use of a street crossing the northeastern portion of the land as shown on the plat of survey hereinabove identified. 6. Rights of tenants in possession of the Property. 7. (a) Any unrecorded easements in favor of the City of Atlanta; Fulton County, Georgia; Georgia Power Company; Southern Bell Telephone Telegraph Company; Atlanta Gas Light Company, and others, which unrecorded easements would have been derived from the use of the surface of the ground, the air space above the surface of the ground, or the area below the surface of the ground by the holder of such easements for a period of time sufficient for such easements to become effective. (b) Easement for a 48-inch concrete pipe granted by Nashville, Chattanooga St. Louis Railway to City of Atlanta, dated September 17, 1936, recorded in Deed Book 1622, page 278, aforesaid records.

"GA1979.1.1719">

AMENDED AND RESTATED LEASE BETWEEN STATE OF GEORGIA AND SIMON S. SELIG, JR., CHARLES R. MASSELL AND B. F. PATILLO, AS TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED

"GA1979.1.1720">

TABLE OF CONTENTS TITLE PAGE Page TABLE OF CONTENTS Parties 1 Preamble 1 Term of Amended Lease 8 Section One: Property Defined 9 Section Two: Annual Rent 9 Section Three: Rent And Other Sums Payable To Lessor 11 Section Four: Late Charge 11 Section Five: Security Deposit 11 (A) Form Of Security Deposit 12 (B) Amount Of Security Deposit 12 Section Six: Inadequacy Of Security Deposit 13 Section Seven: Interchanging Of Security Deposit 14 Section Eight: Interest On Security Deposit 14 Section Nine: Return Of Security Deposit 14 Section Ten: Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted 14 Section Eleven: Payment Of Taxes And Assessments 15 Section Twelve: Contest Of Tax 15 Section Thirteen: Evidence Of Payment Of Taxes And Assessments 16 Section Fourteen: Payment Of Utilities And Services By Lessee 16 Section Fifteen: Payments For Lessee By Lessor 16 Section Sixteen: Interest On Unpaid Amounts 17 Section Seventeen: Compliance By Lessee With Laws And Ordinances 17 Section Eighteen: Acceptance Of Property By Lessee 18 Section Nineteen: Merger Of Improvements By Lessee 18 Section Twenty: Protection Of Adjacent Property During ConstructionConstruction Insurance 21 Section Twenty-One: Insurance Policy Limits Applicable For Year 1979 22 Section Twenty-Two: Construction Approvals By Lessor 22 Section Twenty-Three: Substantial Completion Of Improvements 26 Section Twenty-Four: Construction According To Approved Plans 26 Section Twenty-Five: Payment Of Bills For Construction 30 Section Twenty-Six: All liens And Rights Are Subordinate To Lessor 30 Section Twenty-Seven: Completion Of Construction By Lessor 31 Section Twenty-Eight: Title To The Improvements 31 Section Twenty-Nine: Abandonment Of The Property By Lessee 32 Section Thirty: Subleasing 32 (A) Right To Enter Into Subleases 32 (B) Recognition By Lessor Of Subleases 32 (C) Rights Of Recognized Sublessee 33 (D) Limitation Upon Rights Of Recognized Sublessee 33 (E) Sublease To CAPCO 34 Section Thirty-One: Assignment Of Lease With Lessor's Consent 36 Section Thirty-Two: Maintenance Of Property 39 Section Thirty-Three: Work Required By Government Regulation 39 Section Thirty-Four: Indemnification Of Lessor By Lessee 39 Section Thirty-Five: Addition, Subtraction, Renovation, Demolition Or Construction Anew Of The Improvements 40 Section Thirty-Six: Return Of The Property To Lessor 40 Section Thirty-Seven: Casualty And Hazard Insurance 40 (A) Casualty And Hazard Insurance On Improvements 40 (B) Loss Payable Clauses 41 Section Thirty-Eight: No Invalidation Of Insurance By Lessee 41 Section Thirty-Nine: Repair Of Damaged Improvements 42 Section Forty: Damages For Failure To Comply With Repair Obligation 44 Section Forty-One: Workman's Compensation Insurance 44 Section Forty-Two: Use Of Proceeds Of Insurance 44 Section Forty-Three: Termination Prior To Completion Of Repair 45 Section Forty-Four: Public Liability Insurance 45 Section Forty-Five: Delivery Of Insurance Policies 46 Section Forty-Six: Evidence Of Payment Of Premiums 46 Section Forty-Seven: Mortgaging Of The Leasehold 46 (A) Form Of Security Instrument 47 (B) Consent To Amendment 47 (C) Notices To Leasehold Mortgagees 47 (D) Curative Rights Of Leasehold Mortgagees 48 (E) Limitation Upon Termination Rights Of Lessor 48 (F) Assignment 49 (G) Mortgagee Leases 49 (H) Agreement Between Lessor And Leasehold Mortgagee 51 (I) Limitation On Number Of Leasehold Mortgages 51 (J) Limitation On Liability Of Leasehold Mortgagee 53 Section Forty-Eight: Default Lessee's Right To Cure Lessor's Rights Upon Failure By Lessee To Cure 53 (A) Termination Rights Of Lessor 53 (B) Re-letting Rights Of Lessor 54 Section Forty-Nine: Extinguishment Of Lessee's Rights Upon Termination 55 Section Fifty: Prepaid Items Assigned 55 Section Fifty-One: Bankruptcy Appointment Of A Receiver Debtor Relief Proceedings General Assignment For Benefit Of Creditors Levy Upon Property 55 (A) Bankruptcy 56 (B) Receivership 56 (C) Debtor Relief 56 (D) Assignment For Benefit Of Creditors 56 (E) Levy Upon Property 56 Section Fifty-Two: Inspection Of Property By Lessor 56 Section Fifty-Three: Property Subject To Zoning 57 Section Fifty-Four: Total Or Partial Condemnation 57 (A) Lease Termination 57 (1) Total Condemnation 57 (2) Partial Condemnation 57 (B) Separate Awards 58 (C) Division Of Single Award Total Condemnation 59 (D) Division Of Single Award Partial Condemnation 60 (E) Use of Lessee's Award 61 (F) Appraisals 61 (G) Other Evidence 62 (H) Reformation 63 (I) No Separate Awards 63 Section Fifty-Five: Lessee's Rights And Obligations With Respect To Certain Of The Terms And Conditions Contained In Exception (A) Entitled Air, Mineral And Other Rights Contained In The March 4, 1968 Western Atlantic Railroad Lease 64 (A) Simultaneous Submission To Lessor And To Louisville And Nashville Railroad Company 64 (B) Relocation Of Railroad Tracks 65 Section Fifty-Six: Estoppel Certificates 66 (A) Validity Of Lease 66 (B) Payment Of Rent 66 (C) Amount Of Rent Due 66 (D) Security Deposits 66 (E) Recognized Subleases 66 (F) Defaults By Lessee 66 Section Fifty-Seven: Intentionally Omitted 66 Section Fifty-Eight: Addresses For Notices Requirement That All Notices, Demands And Requests Be In Writing 67 Section Fifty-Nine: Submission Of Matters To Lessor For Approval 67 Section Sixty: Holding Over By Lessee 68 Section Sixty-One: No Waiver Of Rights By Lessor 69 Section Sixty-Two: Rights Are Cumulative 69 Section Sixty-Three: Provisions Are Binding Upon Assigns And Are Covenants Real 69 Section Sixty-Four: Georgia Law Applies 69 Section Sixty-Five: All Genders And Numbers Included 70 Section Sixty-Six: Invalidity Of Provision Or Part Thereof 70 Section Sixty-Seven: State Properties Commission Acts For Lessor 70 Section Sixty-Eight: Time Is Of Essence 71 Section Sixty-Nine: Section Captions Are To Be Disregarded 71 Section Seventy: Entire Agreement Contained Herein 71 Section Seventy-One: Consents 71 Signatures 72 EXHIBITS: Exhibit A Legal Description and Plat of Survey of CAPCO Tract 3 Exhibit B Permitted Exceptions and Encumbrances

"GA1979.1.1724">

Georgia, Fulton County: AMENDED AND RESTATED LEASE THIS AMENDED AND RESTATED LEASE, hereinafter for convenience referred to as Amended Lease. is made and entered into this..... day of....., 1979, by and between the STATE OF GEORGIA, acting by and through the State Properties Commission and by virtue of and pursuant to the authority granted by Resolution Act No...... passed by the 1979 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on....., 1979 (Ga. Laws 1979, pp...... -.....), Party Of The First Part, hereinafter for convenience referred to as Lessor, and SIMON S. SELIG, JR., CHARLES R. MASSELL AND B. F. PATTILLO, AS TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED, Parties Of The Second Part, hereinafter for convenience collectively referred to as Lessee. WITNESSETH THAT: WHEREAS, Lessor is the owner of the fee simple title in and to certain real property located in Fulton County, Georgia, said real property being more particularly described in Exhibit A which is attached hereto, incorporated in and by reference made a part hereof, said property being therein designated as Tract 3; and WHEREAS, under and by virtue of that certain Lease dated December 26, 1950, entered into by and between the Western and Atlantic Railroad Commission, a predecessor in law to the State Properties Commission, acting for the State of Georgia and by virtue of and pursuant to the authority granted by Act No. 797 passed by the 1950 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on February 17, 1950 (Ga. Laws 1950, pp. 408-412), as lessor, and Peachtree-Whitehall, Inc., a Georgia corporation, as lessee, recorded in Deed

"GA1979.1.1725">

Book 2599, pages 508-512, Fulton County, Georgia records, said Lease, as subsequently amended from time to time as more particularly hereinafter set forth prior to the date of the execution of this Amended Lease by Lessor, being hereinafter referred to as the 1950 Lease, Lessor did lease and demise unto Peachtree-Whitehall, Inc., certain real property (consisting of air rights only) located in Fulton County, Georgia (and being designated in the said 1950 Lease as Tracts 3, 4 and 5, respectively), a portion of which real property (being the same property as is designated as Tract 4 in the said 1950 Lease) is more particularly described in the aforesaid Exhibit A hereof and is therein designated as Tract 3; and WHEREAS, the said 1950 Lease was confirmed by Resolution No. 11 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State Of Georgia on February 19, 1951 (Ga. Laws 1951, pp. 824-826); and WHEREAS, the said 1950 Lease was subsequently amended by its own terms, pursuant to the authority of Act No. 469 passed by the 1951 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on February 21, 1951 (Ga. Laws 1951, pp. 748-749), and by an agreement between the parties to the said 1950 Lease dated December 21, 1954, recorded in Deed Book 4420, pages 579-583, aforesaid records; and WHEREAS, the said 1950 Lease was assigned by Peachtree-Whitehall, Inc., to Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo as Trustees (Marital Deduction Trust) under the Will of Ben J. Massell, deceased (said individuals in their capacity as the Trustees of said Marital Deduction Trust under the Will of Ben J. Massell, deceased, being hereinafter sometimes collectively referred to as the Massell Trustees), by a Transfer of Lease dated May 31, 1968, and recorded in Deed Book 5022, page 185, aforesaid records; and WHEREAS, under and by virtue of that certain unrecorded Sublease dated August 15, 1969, entered into by and between the Massell Trustees, as Sublessor, and Downtown Development Corp., a Georgia corporation (hereinafter sometimes referred to as Downtown), as Sublessee, said Sublease, as subsequently amended from time to time, being hereinafter referred to as the 1969 Sublease, the Massell Trustees did lease and demise unto Downtown certain real property (consisting of air rights only)

"GA1979.1.1726">

Air-Rights Co., a joint venture comprised of Downtown, FM Air Rights Company, a Delaware corporation, and City Center, Inc., a Georgia corporation (hereinafter referred to as Atlanta Air Rights Co.); and located in Fulton County, Georgia (said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the said 1950 Lease), a portion of which real property (being the same property as was designated as Tract 4 in the said 1969 Sublease) is more particularly described in the aforesaid Exhibit A hereof and is therein designated as Tract 3; and WHEREAS, the said 1950 Lease was further amended by an unrecorded agreement dated November 23, 1970, entered into by and between Lessor, acting through the State Properties Control Commission, a successor in law to the Western and Atlantic Railroad Commission, by virtue of and pursuant to the authority granted by Resolution No. 126 passed by the 1970 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 20, 1970 (Ga. Laws 1970, pp. 408-415), as Party Of The First Part, and the Massell Trustees and Downtown, as Parties Of The Second Part; and WHEREAS, the said 1969 Sublease was amended by an unrecorded agreement entered into by and between the Massell Trustees and Downtown, dated May 14, 1970; and WHEREAS, the Massell Trustees, as Sublessor, and Downtown, as Sublessee, did enter into a restated Sublease dated May 31, 1971, hereinafter referred to as the 1971 Sublease, a short form of which is recorded in Deed Book 5477, pages 118-120, aforesaid records, which 1971 Sublease provides that it contains the entire agreement of the parties thereto and supercedes the said 1969 Sublease; and under the terms of which 1971 Sublease the Massell Trustees did lease and demise unto Downtown certain real property located in Fulton County, Georgia (said real property consisting of the air rights over Tracts 4 and 5 of the real property demised to the Massell Trustees under the 1950 Lease and being the same property as was demised under the said 1969 Sublease), a portion of which real property (being the same property as is designated as Tract 4 in the said 1971 Sublease) is more particularly described in the aforesaid Exhibit A hereof and is therein designated as Tract 3; and

"GA1979.1.1727">

WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, and recorded in Deed Book 5946, pages 67-68, aforesaid records, Downtown assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Atlanta WHEREAS, under and by virtue of an assignment dated as of November 26, 1973, recorded in Deed Book 5946, pages 321-323, aforesaid records, Atlanta Air-Rights Co. assigned all of its rights, title and interest in, to, under and by virtue of the said 1971 Sublease to Consolidated Atlanta Properties, Ltd., a Fulton County, Georgia Limited Partnership (hereinbelow referred to as CAPCO); and WHEREAS, the said 1950 Lease was further amended by that certain Amendment To Lease dated April 25, 1974, entered into by and between Lessor, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution No. 119 passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, pp. 1247-1407), as Party of the First Part, and Lessee herein, as Parties of the Second Part, recorded in Deed Book 6054, pages 1-9, aforesaid records, whereby a portion of the real property demised by the Western and Atlantic Railroad Commission to Peachtree-Whitehall, Inc., under the said 1950 Lease (and therein designated as Tract 5), being a portion of the property demised by the Massell Trustees to Downtown under the said 1971 Sublease (said property being hereinafter sometimes referred to as the Severed Peachtree-Whitehall Property), was severed from the said 1950 Lease; and WHEREAS, the said 1950 Lease was further amended by that certain Amendment to Lease dated April 25, 1974. entered into by and between Lessor, acting through its Governor and Secretary of State and by virtue of and pursuant to the authority granted by Resolution No. 119 passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, pp. 1247-1407), as Party of the First Part, and Lessee herein, as Parties of the Second Part, recorded in Deed Book 6054, pages 10-17, aforesaid records, whereby Lessor and Lessee modified and amended certain terms and provisions of the 1950 Lease affecting the remainder of the property subject to the 1950 Lease after the severence of the Severed Peachtree-Whitehall Property (being the property designated as Tracts 3 and 4 in the 1950 Lease); and

"GA1979.1.1728">

WHEREAS, the 1971 Sublease was amended by that certain unrecorded Amendment to Sublease dated April 25, 1974, entered into by and between Lessee herein, as sublessor and successor to the Massell Trustees, and CAPCO, as sublessee, whereby the Severed Peachtree-Whitehall Property was severed from the 1971 Sublease; and WHEREAS, the 1971 Sublease was further amended by that certain Amendment to Sublease dated April 25, 1974, entered into by and between herein, as sublessor, and CAPCO, as sublessee, a short form of which is recorded in Deed Book 6207, pages 283-297, aforesaid records, whereby Lessee herein and CAPCO modified and amended certain terms and provisions of the 1971 Sublease affecting the remainder of the property subject to the 1971 Sublease after the severance of the Severed Peachtree-Whitehall Property (being the property designated Tract 4 in the 1950 Lease and designated as Tract 3 in Exhibit A hereto); and WHEREAS, the rights of the Lessee herein with respect to the Severed Peachtree-Whitehall Property were assigned by Lessee herein to Downtown under and by virtue of that certain Transfer and Assignment of Interest in Lease dated April 25, 1974, recorded in Deed Book 6054, pages 18-21, aforesaid records, as consented to and approved by Resolution No. 119 passed by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. Laws 1974, pp. 1247-1407); and WHEREAS, the said 1950 Lease was further amended by that certain Lease Amendment dated February 24, 1977, entered into by and between Lessor, acting through the State Properties Commission and by virtue of and pursuant to the authority granted by Resolution No. 62 passed by the 1975 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on April 25, 1975 (Ga. Laws 1975, pp. 1558-1563), and Lessee herein, recorded in Deed Book 6653, pages 244-252, aforesaid records, whereby a portion of the real property designated as Tract 3 in the said 1950 Lease and demised by the Western and Atlantic Railroad Commission to Peachtree-Whitehall, Inc. under the said 1950 Lease was deleted from the said 1950 Lease; and

"GA1979.1.1729">

WHEREAS, Lessor and Lessee now desire to divide the remainder of the real property demised by the Western and Atlantic Railroad Commission to Peachtree-Whitehall, Inc. under the said 1950 Lease, and pursuant to an amendment to the 1950 Lease entered into by and between Lessor and Lessee concurrently herewith, Lessor and Lessee have severed the remainder of the property designated as Tract 3 in the 1950 Lease and restated in their entirety the terms and provisions under and by virtue of which the remainder of said Tract 3 (as so designated in the 1950 Lease) is leased and demised by Lessor to Lessee; and Lessor and Lessee desire herein to amend and restate in their entirety the terms and provisions under and by virtue of which the property designated Tract 4 in the 1950 Lease (and designated as Tract 3 in Exhibit A hereto) is leased and demised by Lessor to Lessee; and WHEREAS, the execution of this Amended Lease by Lessor has been approved by Resolution Act No...... passed by the 1979 Regular Seesion of the Georgia and Assembly and approved by the Governor of the State of Georgia on....., 1979 (Ga. Laws 1979, pp...... -.....); NOW, THEREFORE, in consideration of the premises, the rental to be paid hereunder, the mutal covenants and agreements herein set forth by each party to be kept and performed, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby expressly acknowledged by each party hereto, Lessor and Lessee do hereby mutually covenant and agree: (i) that from and after the date of the execution of this Amended Lease by Lessor, all rights, duties, obligations and liabilities of Lessor and Lessee with respect to the Property (as hereinafter defined) shall be determined in accordance with the provisions, covenants, agreements, stipulations, exhibits, terms and conditions of this Amended Lease; and (ii) that the provisions, covenants, agreements, stipulations, exhibits, terms and conditions of this Amended Lease are as follows: and (iii) that this Amended Lease is the 1950 Lease as amended and restated, which 1950 Lease, as amended and restated herein, is hereby ratified and confirmed and shall continue in full force and effect,

"GA1979.1.1730">

and this Amended Lease shall in all respects and for all purposes be independent, separate and apart from that certain Amended and Restated Lease entered into between Lessor and Lessee concurrently herewith covering the remainder of Tract 3 (as so designated in the 1950 Lease): WITNESSETH THAT: Lessor, for and in consideration of the premises and of the rents, provisions, covenants, agreements, stipulations, exhibits, terms and conditions hereinafter set forth and herein collectively referred to as provisions, does hereby let, lease and demise, subject to all of the exceptions and encumbrances enumerated in Exhibit B attached hereto, incorporated in and by reference made a part hereof, unto Lessee and Lessee does hereby take, lease and hire from Lessor, subject to all of the exceptions and encumbrances enumerated in the aforesaid Exhibit B hereof, all of the Property, as that term is defined and described in Section One of this Amended Lease. TO HAVE AND TO HOLD the said Property for a term commencing on the date of the execution of this Amended Lease by the Governor of the State of Georgia and the Secretary of State of the State of Georgia (hereinbefore and hereinafter referred to as the date of the execution of this Amended Lease by Lessor) and expiring at 12:00 o'clock midnight on December 27, 2044, unless this Amended Lease shall be sooner terminated as hereinafter provided. This Amended Lease and all rights of the parties hereunder, including any rights of the Lessee to use of the land for supports and appurtenances, are expressly subject to the provisions as hereinafter set forth, all of which the parties hereto respectively agree to keep, abide by and perform during the term hereof. Section One: Property Defined. All of the property more particularly described in Exhibit A hereof, together with all of the buildings, other structures and improvements of Lessor which are located within the horizontal and vertical limits of the said property as of the date of the execution of this Amended Lease by Lessor, and all of the buildings, other structures and improvements heretofore or hereafter constructed by Lessee, its predecessors, successors, assigns or sublessees and located within the horizontal and vertical limits of the property more particularly described in Exhibit A hereof,

"GA1979.1.1731">

together with all supports and appurtenances to such buildings, other structures and improvements including, but not limited to, the structure referred to as the meter house in the 1950 Lease, which supports and appurtenances are in existence as of the date of execution of this Amended Lease by Lessor, including, but not limited to, all such supports and appurtenances which are located beneath the surface which forms the lower limit of the property described in Exhibit A hereof, shall be referred to in this Amended Lease as the Property. Section Two: Annual Rent. Lessee covenants and agrees to pay to Lessor throughout the term of this Amended Lease the annual rental (hereinafter referred to as the Rent.) provided for in this Section Two. The Rent shall be payable, in advance, in equal monthly installments due on the first day of each calendar month throughout the term hereof. The Rent shall be prorated for any month in which this Amended Lease is not in effect for the entire month. The Rent payment due for the remainder of the month in which the date of the execution of this Amended Lease by Lessor occurs shall be due and payable on said date of execution. The Rent payable during the term of this Amended Lease shall be as follows: Rent Period Annual Rent January 1, 1979 through December 31, 1979 $ 13,954.50 January 1, 1980 through December 31, 1980 $ 15,948.00 January 1, 1981 through December 31, 1981 $ 17,941.50 January 1, 1982 through December 31, 1982 $ 19,935.00 January 1, 1983 through December 31, 1983 $ 21,928.50 January 1, 1984 through December 31, 1984 $ 23,922.00 January 1, 1985 through December 31, 1985 $ 25,915.50 January 1, 1986 through December 31, 1986 $ 27,909.00 January 1, 1987 through December 31, 1987 $ 29,902.50 January 1, 1988 through December 31, 1988 $ 31,896.00 January 1, 1989 through December 31, 1989 $ 33,889.50 January 1, 1990 through December 31, 1990 $ 35,883.00 January 1, 1991 through December 31, 1991 $ 37,876.50 January 1, 1992 through December 31, 1992 $ 39,870.00 January 1, 1993 through December 31, 1993 $ 41,863.50 January 1, 1994 through December 31, 1994 $ 43,857.00 January 1, 1995 through December 31, 1995 $ 51,831.00 January 1, 1996 through December 31, 1996 $ 53,824.50 January 1, 1997 through December 31, 1997 $ 55,818.00 January 1, 1998 through December 31, 1998 $ 57,811.50 January 1, 1999 through December 31, 1999 $ 59,805.00 January 1, 2000 through December 31, 2000 $ 61,798.50 January 1, 2001 through December 31, 2001 $ 63,792.00 January 1, 2002 through December 31, 2002 $ 65,785.50 January 1, 2003 through December 31, 2003 $ 67,779.00 January 1, 2004 through December 31, 2004 $ 69,772.50 January 1, 2005 through December 31, 2005 $ 71,766.00 January 1, 2006 through December 31, 2006 $ 73,759.50 January 1, 2007 through December 31, 2007 $ 75,753.00 January 1, 2008 through December 31, 2008 $ 77,746.50 January 1, 2009 through December 31, 2009 $ 79,740.00 January 1, 2010 through December 31, 2010 $ 81,733.50 January 1, 2011 through December 31, 2011 $ 83,727.00 January 1, 2012 through December 31, 2012 $ 85,720.50 January 1, 2013 through December 31, 2013 $ 87,714.00 January 1, 2014 through December 31, 2014 $ 89,707.50 January 1, 2015 through December 31, 2015 $ 91,701.00 January 1, 2016 through December 31, 2016 $ 93,694.50 January 1, 2017 through December 31, 2017 $ 95,688.00 January 1, 2018 through December 31, 2018 $ 97,681.50 January 1, 2019 through December 31, 2019 $ 99,675.00 January 1, 2020 through December 31, 2020 $101,668.50 January 1, 2021 through December 31, 2021 $103,662.00 January 1, 2022 through December 31, 2022 $105,655.50 January 1, 2023 through December 31, 2023 $107,649.00 January 1, 2024 through December 31, 2024 $109,642.50 January 1, 2025 through December 31, 2025 $111,636.00 January 1, 2026 through December 31, 2026 $113,629.50 January 1, 2027 through December 31, 2027 $115,623.00 January 1, 2028 through December 31, 2028 $117,616.50 January 1, 2029 through December 31, 2029 $119,610.00 January 1, 2030 through December 31, 2030 $121,603.50 January 1, 2031 through December 31, 2031 $123,597.00 January 1, 2032 through December 31, 2032 $125,590.50 January 1, 2033 through December 31, 2033 $127,584.00 January 1, 2034 through December 31, 2034 $129,577.50 January 1, 2035 through December 31, 2035 $131,571.00 January 1, 2036 through December 31, 2036 $133,564.50 January 1, 2037 through December 31, 2037 $135,558.00 January 1, 2038 through December 31, 2038 $137,551.50 January 1, 2039 through December 31, 2039 $139,545.00 January 1, 2040 through December 31. 2040 $141,538.50 January 1, 2041 through December 31, 2041 $143,532.00 January 1, 2042 through December 31, 2042 $145,525.50 January 1, 2043 through December 31, 2043 $147,519.00 January 1, 2044 through December 27, 2044 $149,512.50 Total $5,496,079.50

"GA1979.1.1733">

Section Three: Rent And Other Sums Payable To Lessor. Payment of all Rent and all other sums due to Lessor under this Amended Lease shall be made payable to the State of Georgia and delivered to the Executive Director of the State Properties Commission (the State Properties Commission being hereinafter referred to as the Commission) or to such other agent of Lessor as may subsequently be designated in writing (in the form of legislation) by Lessor. Section Four: Late Charge. In the event Lessee shall fail or refuse to pay any monthly installment of Rent due to Lessor under this Amended Lease within five (5) days after the due date thereof, Lessee shall pay to Lessor a late charge equal to ten percent (10%) per annum of the amount due and not paid for the period commencing on the due date of said Rent and ending on the date payment thereof is made. Section Five: Security Deposit. Lessee further agrees to deposit with the Commission on the date of the execution of this Amended Lease by Lessor, and to thereafter maintain at all times with the Commission or such other agent of Lessor as may subsequently be designated in writing (in the form of legislation) by Lessor, as security for the faithful performance of the undertakings, duties and obligations of Lessee under this Amended Lease, such bonds or other security in such amount (hereinafter referred to as Security Deposit) as is hereinafter provided for in this Section Five: (A) Form Of Security Deposit. The form of the Security Deposit shall be: (1) a surety bond issued by a responsible insurance company legally licensed and authorized to transact business in the

"GA1979.1.1734">

State Of Georgia and maintaining an office or agency in the City of Atlanta, Georgia; or (2) recognized valid bonds of the United States Government, the State of Georgia or any of the bond issuing authorities, agencies or commissions of the State Of Georgia having a then aggregate par value equal to the Security Deposit required hereunder; or (3) such other security as may be acceptable to the Commission. (B) Amount Of Security Deposit. The amount of the Security Deposit shall be as follows: (1) on the date of the execution of this Amended Lease by Lessor and thereafter until January 1, 1984, the Security Deposit shall be equal to the annual Rent determined under Section Two hereof as of the date of the execution of this Amended Lease by Lessor; and (2) on the dates January 1, 1984; January 1, 1989; January 1, 1994; January 1, 1999; January 1, 2004, January 1, 2009; January 1, 2014; January 1, 2019, January 1, 2024; January 1, 2029; January 1, 2034; and January 1, 2039 (any of the aforesaid dates shall hereinafter be referred to as Adjustment Date), the Security Deposit shall be adjusted to equal the annual Rent determined under Section Two hereof as of such Adjustment Date. The Security Deposit for the period between any two Adjustment Dates shall be equal to the Security Deposit for the last preceding Adjustment Date. No interest shall be paid by Lessor on the Security Deposit. In the event any monthly installment of Rent or any other sum(s) owed by Lessee to Lessor under this Amended Lease is (are) not paid to Lessor within thirty (30) days from the due date thereof, then, and in that event, Lessor may, upon first giving notice to Lessee and without declaring this Amended Lease to be in default, secure the amount of the then due Rent or other sums(s) [plus ten percent (10%) late charge as provided in Section Four of this Amended Lease] from the Security Deposit. If Lessor secure the amount of the then due

"GA1979.1.1735">

Rent or other sum(s) [plus ten percent (10%) late charge as provided in Section Four of this Amended Lease] from the Security Deposit, Lessee hereby agrees, upon notice from Lessor to Lessee that Lessor has taken the aforesaid action in regard to the Security Deposit, immediately to replace the amount taken from the Security Deposit by Lessor so that the amount of the Security Deposit on file with the Commission will be in the amount required of Lessee by this Section Five hereof. Section Six: Inadequacy Of Security Deposit. If at any time after the date of the execution of this Amended Lease by Lessor, Lessor shall determine that the security deposited and maintained pursuant to subparagraph (2) or subparagraph (3) of sub-section (A) of Section Five of this Amended Lease is inadequate, Lessee shall, within thirty (30) days following written notice by Lessor of such inadequacy, make good said deficiency by the deposit of other or additional bonds or such other security as the Commission may reasonably require. Section Seven: Interchanging Of Security Deposit. Lessee, in good faith and after depositing the initial Security Deposit with Lessor, shall, with the written approval of the Commission being first had and obtained, have the right and privilege of changing and interchanging the Security Deposit from time to time. Section Eight: Interest On Security Deposit. Lessee, having fully complied with Sections Five and Six above, shall have the right to collect and receive any and all interest that may accumulate on the Security Deposit other than on any cash that may have been so deposited by Lessee. Section Nine: Return Of Security Deposit. It upon the expiration of the term of this Amended Lease, Lessee shall have well and truly performed all of the undertakings, duties and obligations required of Lessee under this Amended Lease including, but not limited to, the payment of the Rent and all other sums owed by Lessee to Lessor hereunder, then the Security Deposit shall be returned by Lessor to Lessee. Section Ten: Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted. Lessee may use the Property for any lawful purpose but Lessee shall not do or permit any act or thing to be done which might impair the value of the Property or

"GA1979.1.1736">

which constitutes a public or private nuisance. Lessee, acting in its own name and behalf, shall undertake to remove and cause the discontinuance of any and all encroachments, adverse uses and occupancies (other than the rights, privileges and interests in, to and upon the Property, or any part thereof, in parties other than Lessor by virtue of the exceptions and encumbrances enumerated in the aforesaid Exhibit B hereof) (hereinafter singularly and collectively, referred to as Encroachment) in, to and upon the Property, or any part thereof. Lessor will, if and when requested in writing by Lessee, join with Lessee and become a party to any proceeding, judicial or otherwise, instituted for the purpose of freeing the Property from any Encroachment. If, due to any Encroachment, Lessee cannot use and enjoy the Property or any portion thereof, this Amended Lease shall not be void or voidable by the Lessee nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom nor shall the duties and obligations of the Lessee be affected, modified or changed thereby. It is understood and agreed that when any such Encroachment shall have been removed by judicial proceedings or otherwise, the use of those portions of the Property previously subject thereto shall, for the remaining term of this Amended Lease, inure to the benefit of Lessee to the same extent as the other portions of the Property herein leased. Section Eleven: Payment Of Taxes And Assessments. It is hereby determined and declared by Lessor and Lessee that nothing contained in this Amended Lease is intended to exempt from ad valorem property taxes or subject to ad valorem property taxes the interest or estate of Lessee created by this Amended Lease; however, Lessee shall bear and pay to the public officer charged with the collection thereof, before the same shall become delinquent, and shall indemnify, save and hold harmless Lessor from the payment of, any and all taxes, assessments, license fees, excises, imposts, fees and charges of every sort, nature and kind (hereinafter referred to singularly and collectively as Tax), which during the term of this Amended Lease are or might be levied, assessed, charged or imposed upon or against the Property or the interest or estate of Lessee in and to the Property. Section Twelve: Contest Of Tax. If the imposition of any tax shall be deemed by Lessee to be improper, illegal or excessive, Lessee may, at its sole cost and expense and in its own name, dispute and contest the same and, in such event any such Tax need not be paid until adjudged to be valid; provided, however, Lessee shall in writing first notify Lessor of such dispute and contest and shall furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment

"GA1979.1.1737">

of any such Tax so contested. Unless so contested, any Tax shall be paid by Lessee within the time provided by law, and if contested, any such Tax shall be paid before the issuance of an execution on a final judgment with respect thereto. Section Thirteen: Evidence Of Payment Of Taxes And Assessments. Lessee, within twenty (20) days after its receipt thereof, shall deliver to Lessor a copy of all current Tax bills or statements assessed against the Property. After all payments are made by Lessee pursuant to and in conformity with Section Eleven above, Lessee shall at once furnish to Lessor duplicate receipts or other satisfactory evidence of such payment. Section Fourteen: Payment Of Utilities And Services By Lessee. Lessee is to be responsible for and shall pay for all utility, water, sanitation, gas, heat, light, power, steam and telephone services (and for all other services of whatever type, kind or nature) supplied to the Property. Section Fifteen: Payments For Lessee By Lessor. If Lessee fails to procure the insurance required to be procured by Lessee under this Amended Lease, or fails to pay any premium of insurance, Tax, or any other sum in this Amended Lease required to be paid by Lessee (other than Rent), Lessor may, at Lessor's option, elect to follow one of the options provided in Section Forty-Eight of this Amended Lease or may, without declaring a default of this Amended Lease by Lessee, procure on behalf of Lessee any such insurance, and pay on behalf of Lessee any such payment or payments as may be necessary. Any sum(s) so paid or expended by Lessor on behalf of Lessee shall immediately [upon written notice by Lessor to Lessee that Lessor has paid or expended said sum(s) and a demand by Lessor for reimbursement of Lessor by Lessee for such sum(s)] be reimbursed and paid by Lessee to Lessor. Section Sixteen: Interest On Unpaid Amounts. Any sums which are payable by Lessee to Lessor under this Amended Lease (excluding any Rent as otherwise provided in Section Four hereof) and which are not paid to Lessor when due shall bear interest at the rate of ten percent (10%) per annum from the due date thereof through the date payment of the same is made. If it becomes necessary for Lessor to bring suit for collection of any sum(s) herein (including Rent) stipulated to be paid by Lessee, Lessee agrees to pay any and all such expenses and costs as Lessor may incur, including, but not limited to, reasonable attorney's fees.

"GA1979.1.1738">

Section Seventeen: Compliance By Lessee With Laws And Ordinances . At all times during the term of this Amended Lease, Lessee shall conform to, obey and comply with all present and future laws and ordinances and all lawful requirements, rules, and regulations of all legally constituted authorities existing at the commencement of the term of this Amended Lease or at any time during the continuance of the term hereof which in any way affect the Property or the use of the Property or any repair, replacement, demolition, renovation, construction, restoration or excavation being done on or to the Property, or in any way affecting this Amended Lease. Lessee, in its own name and at its sole cost and expense, shall have the right to contest the validity of any law, ordinance, rule, regulation or requirement contemplated under this Section Seventeen; provided, however, that Lessee pursues such contest in good faith and Lessee first gives Lessor written notice of such contest and furnishes to Lessor, if a monetary amount is involved and if requested in writing by Lessor, reasonable security for the payment of said monetary amount. Section Eighteen: Acceptance Of Property By Lessee . Lessor makes no covenant of quiet enjoyment, representation or warranty as to the title to or the condition of the Property. Lessee hereby acknowledges that it has fully inspected the Property and that the same is in satisfactory condition for the use intended to be made of the same by Lessee. Lessee further acknowledges that no covenant of quiet enjoyment, representation or warranty as to the title to or the condition of the Property has been made to it by Lessor, the Commission, or any agent, employee, representative or attorney of either Lessor or the Commission. Lessor shall not be required, during the term of this Amended Lease, to make any repair or alteration to the Property or in any manner to supply any services, utilities or maintenance to or for the Property. Section Nineteen: Merger Of Improvements By Lessee . Lessor consents to the construction of buildings and improvements (hereinafter referred to in this Amended Lease as Special Improvement or Special Improvements as the context requires) over and across the boundary lines of the Property, both vertical and horizontal, onto other contiguous lands (such other contiguous lands on which any such Special Improvement is constructed being hereinafter referred to as Adjoining Property) which are owned by Lessee or by any Recognized Sublessee (as said term is hereinbelow defined in Section Thirty of this Amended Lease) or which are leased or subleased by Lessee or by any Recognized Sublessee (as said term is

"GA1979.1.1739">

hereinbelow defined in Section Thirty of this Amended Lease) for a term of years not to expire prior to the expiration date of the term of years of this Amended Lease. Lessor agrees and does hereby grant to the owner of the Adjoining Property and any party claiming by, through or under said owner, a non-exclusive easement to use (in common with Lessor hereunder and anyone claiming by, through or under Lessor) any such Special Improvement. Such non-exclusive easement herein granted shall (i) be for the use of all common areas and facilities located within any such Special Improvement and on the Property which shall reasonably be necessary or appropriate for the continued utilization of that portion of any such Special Improvement located on the Adjoining Property, including, but not limited to, aisles, hallways, elevators, restroom facilities, sidewalks, stairways and service areas; (ii) not vest into a present right of use until the expiration or termination of this Amended Lease; and (iii) expire automatically upon (a) the removal or demolition of any such Special Improvement [provided, however, that, after the expiration or termination of this Amended Lease, any such Special Improvement shall be removed or demolished only by the mutual agreement of the owners (which terms owners or owner as used in this Section Nineteen shall include all parties having an ownership or security interest in that portion of the Property and the Adjoining Property upon which the Special Improvement is located) of that portion of the Property and the Adjoining Property upon which the Special Improvement is located]; or (b) December 27, 2054, whichever shall first occur. For the purposese of this Section Nineteen, the owners of that portion of the Property and the Adjoining Property upon which any such Special Improvement is located shall be deemed to have mutually agreed to remove or demolish any such Special Improvement, if, through the passage of time or otherwise, the structural soundness thereof deteriorates such that any such Special Improvement, including that portion of any such Special Improvement located on the Property, becomes untenantable and its continued existence constitutes a nuisance and a hazard to the public health and safety. Such non-exclusive easements shall be subject and subordinate to the rights of the Lessee under this Amended Lease, and the rights, if any, of any persons or entities which were vested prior to the commencement of the rights of the Lessee under the 1950 Lease which is amended by this Amended Lease. Prior to commencement of any construction of any such Special Improvement, Lessee agrees to furnish Lessor a non-exclusive easement in recordable form and containing covenants running with the land executed by the owner

"GA1979.1.1740">

of the Adjoining Property which grants to Lessor a non- exclusive easement as an encumbrance upon the Adjoining Property for the same purposes and uses and subject to substantially the same terms and conditions as are contemplated under items (i), (ii) and (iii) of this Section Nineteen. The Commission shall, without any further action or authorization by the Georgia General Assembly being necessary, execute on behalf of Lessor any and all additional documents in recordable form as shall reasonably be requested by Lessee to ratify and to add specificity to the non-exclusive easements herein granted. Each such request for a non-exclusive easement shall be accompanied by a statement setting forth the specific details of the location (which shall include, but not be limited to, a current, accurate, properly labeled and recordable plat of boundary line survey depicting to the extent possible thereon the proposed non-exclusive easement area; said plat of boundary line survey shall be prepared at the expense of Lessee by a Georgia registered and licensed land surveyor or professional engineer), use and nature of such non- exclusive easement. From and after the expiration of the non- exclusive easements hereinabove set forth, Lessor shall have the exclusive right and option to sever and demolish that portion of any such Special Improvement located on the Property and to operate, occupy and maintain such portion of any such Special Improvement independent of any portion of any such Special Improvement located on the Adjoining Property. Section Twenty: Protection Of Adjacent Property During ConstructionConstruction Insurance. While any construction (which term as used throughout this Amended Lease shall also include any alteration, renovation, demolition, reconstruction, repair, maintenance, restoration or replacement) is being done on or to the Property, Lessee shall protect all adjacent property. In connection with such protection, Lessee agrees that it will obtain, or require the general or prime contractor retained to perform such construction to obtain, or in the event there is no general or prime contractor retained to perform such construction then require the person(s) or entity(ies) performing such construction to obtain, and keep in force at all times during the performance of such construction insurance coverage of the following amounts under a policy or policies of Public Liability and Property Damage Liability Insurance covering the operations of such construction. Such policy of policies of insurance shall have limits of not less than $ 1,000,000.00 for all damages arising out of bodily injuries to or the death of one person in any one occurrence, and, subject to the aforesaid limit for each person,

"GA1979.1.1741">

a total of $5,000,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits of not less than $ 1,000,000.00 for all damages arising out of damage to or destruction of property in any one occurrence. Each and every such insurance policy shall contain a standard loss payable clause in favor of Lessor and Lessee as their interests may appear. When any construction is being done over or adjacent to the right-of-way of the Western Atlantic Railroad that would create a possible hazard to railroad operations and property, the Lessee shall furnish or cause its prime contractor or the persons or entities performing such construction to furnish to the Louisville and Nashville Railroad Company, lessee of the Western Atlantic Railroad, a standard policy of railroad protective liability insurance in the form approved by the Association of American Railroads, the National Association of State Highway Officials, and the Mutual Insurance Rating Bureau, said policy to name the Louisville and Nashville Railroad Company as the insured. Lessee shall keep in force at all times during such construction a policy or policies of insurance with limits of not less than $500,000.00 for all damages arising out of bodily injuries to or death of one person in any one occurrence, and, subject to the aforesaid limit for each person, a total of $2,500,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits of not less than $1,000,000.00 for all damages arising out of damage to or destruction of property in any one occurrence. In addition, the Lessee or its prime contractor or such other persons or entities performing such construction will reimburse the Louisville and Nashville Railroad Company for any expense in furnishing flagmen and watchmen reasonably required to protect railroad property and operations during the construction period. Section Twenty-One: Insurance Policy Limits Applicable For Year 1979. The insurance policy limits provided for in Section Twenty above shall be applicable during the year 1979. If at the time of the commencement of any such construction (as this term is used in Section Twenty above) the value of the dollar has declined appreciably below its purchasing power as of January 1, 1979, the limits of all insurance called for in Section Twenty above shall be increased in approximate proportion to the decline in dollar value.

"GA1979.1.1742">

Section Twenty-Two: Construction Approvals By Lessor. Prior to commencing the construction of any improvements [which term improvements or improvement as used throughout this Amended Lease shall include, but not be limited to, Special Improvement(s)] on the Property, Lessee shall deliver to the Commission, for its approval, an architect's rendering, showing in perspective all elevations of the proposed improvements and, if available, a reduced scale model of the proposed improvements (hereinafter referred to as Preliminary Plans). Thereafter, or simultaneously with the submission to the Commission of the Preliminary Plans but in any event prior to commencing the construction of any improvements on the Property, Lessee shall deliver to the Commission, for its approval, architect's structural drawings and specifications for any improvements or portions thereof which are to be constructed beneath the surface which forms the lower boundary line of the Property herein demised (herein referred to as Structural Plans) showing all supports, ventilating, lighting, and drainage systems onto or affecting the Lessor's underlying property. The aforesaid supports and systems shall at all times permit railroad operations on and within the Western Atlantic Railroad right-of-way to be conducted in a safe, convenient, expeditious, economical and healthful manner, and said Structural Plans shall include provisions for train signaling devices for operation of railroad engines and cars adequate to provide that the use of said right-of-way for railroad purposes shall not be obstructed, interfered with or endangered as a result of the construction to be performed in accordance with the said Structural Plans. The right of approval of the Commission with respect to the Structural Plans shall include, but not be limited to, the right to approve the strength, durability and method of construction, as well as the location and design, of the proposed improvements or any part thereof in order that the use of other property of Lessor by other tenants or lessees of Lessor shall not be obstructed hindered, impaired, interfered with, endangered or damaged. Lessee agrees to furnish such detailed plans of other portions of any said improvements as may be requested by the Commission. Lessee, after submitting to the Commission the Preliminary Plans and the Structural Plans and after having both of the same approved in writing by the Commission, may without the consent or approval of the Commission, order, authorize or perform any change, substitute work or materials in prosecuting the construction of the improvements (Change Order) provided that any such Change Order does not result in a substantial change in the Preliminary Plans or any

"GA1979.1.1743">

change whatsoever in the Structural Plans approved by the Commission in accordance with this Section Twenty-Two. For the purpose of this Amended Lease, a substantial change in the Preliminary Plans shall be a change or substitution of materials which results (i) in a decrease in the cost of construction of the improvements in excess of $250,000.00 or (ii) in a change of the ultimate concept or the use for which the improvements are designed in accordance with the Preliminary Plans approved by the Commission. Any Change Order involving the Structural Plans and any Change Order which results in a substantial change in the Preliminary Plans shall be made only with the written approval of the Commission, which approval shall not be unreasonably withheld. After the Commission's approval of the Preliminary Plans and the Structural Plans has been obtained, Lessee shall, prior to commencing construction of any improvements on the Property: (A) deliver to the Commission a payment bond, having a good and solvent corporate surety acceptable to the Commission, guaranteeing to Lessor as a beneficiary thereof (a) payment of all labor and materials incorporated in such work, (b) payment of all fees and other costs and expenses incurred in connection with such work; or such other assurance satisfactory and acceptable to the Commission for the due payment of the full cost of all such work; and (B) deliver to the Commission such other assurances as are satisfactory and acceptable to the Commission guaranteeing the completion of all such work. Lessee shall submit the Preliminary Plans and the Structural Plans to the Executive Director of the Commission. The Commission shall give Lessee written notice of its approval or disapproval of the Preliminary Plans and the Structural Plans. The Commission's approval of the Preliminary Plans and Structural Plans shall not be unreasonably withheld; and if withheld, such withholding explained in writing. If after the construction of the proposed improvements, Lessor shall reasonably determine that the aforesaid referenced ventilating, lighting or drainage devices or systems shall not be sufficient, or that notwithstanding the construction of such ventilation, lighting or drainage devices or systems, smoke, gas and/or water are concentrated or permitted to escape in such a manner or in such quantities as to injure or damage adjoining property, property of

"GA1979.1.1744">

Lessor, or property of a tenant or lessee of Lessor, or in such manner as to render Lessor liable in damages to any person or corporation on account thereof, or to prohibit the use and operation of the Western Atlantic Railroad by Lessor or its lessee in a safe, convenient, expeditious, economical and healthful manner, Lessee will promptly provide and construct totally at its own cost and expense any additional ventilating, lighting or drainage devices or systems which the Commission may reasonably conclude to be necessary for such purposes, notwithstanding the previous approval by the Commission of the Preliminary Plans and Structural Plans. The Commission shall give written notice to Lessee of the requirement for any such additional ventilating, lighting or drainage devices or systems. Section Twenty-Three: Substantial Completion of Improvements. As soon as practicable (however, in no event to exceed six calendar months) after the substantial completion of the improvements, Lessee will furnish to the Commission, at Lessee's own cost and expense, (A) one complete set of final as-built plans and specifications of the completed improvements, (B) a current, accurate, properly labeled, and certified (by the hereafter stated surveyor or engineer) plat of survey prepared by a Georgia registered land surveyor or professional engineer depicting to scale the exact location of the completed improvements, and any other physical objects, as the same have been constructed and (C) a full and complete appraisal (discussing the known and accepted approaches to value) of the then current fair market value of the completed improvements prepared for Lessor by an appraiser, who shall be a member in good standing of the American Institute of Real Estate Appraisers, or its successor. The term substantial completion as used in this Amended Lease shall be deemed to mean such completion as will make the improvements sufficient, suitable and ready for immediate occupancy and for the use intended. Section Twenty-Four: Construction According To Approved Plans. Lessee shall complete the construction of the proposed improvements substantially in accordance with the Preliminary Plans and in strict accordance with the Structural Plans approved by the Commission. Without limiting in any way the rights granted in this Amended Lease to Lessee and any Recognized Sublessee, as that term is defined in Section Thirty (B) hereof, with respect to construction of improvements on the Property, Lessee agrees that it shall not later than March 15, 1994, either (i) complete or cause to be completed

"GA1979.1.1745">

construction or reconstruction of improvements on the Property which shall have a fair market value, as of March 15, 1994, of not less than One Million Dollars ($1,000,000.00) or (ii) deposit or cause to be deposited with the Commission recognized valid bonds of the United States Government, the State of Georgia or any of the bond issuing authorities, agencies or commissions of the State of Georgia having a then aggregate par value equal to the amount by which the sum of One Million Dollars ($ 1,000,000.00) exceeds the fair market value, as of March 15, 1994, of the improvements on the Property constructed or caused to be constructed by Lessee prior to March 15, 1994. With the written approval of the Commission, Lessee or its designee shall thereafter have the right and privilege of changing and interchanging the said bonds from time to time. Lessee or its designee shall have the right to collect and receive any and all interest that may accumulate on such bonds. Unless prior to December 27, 2044, Lessee shall have completed or caused to have been completed construction or reconstruction of improvements on the Property which shall a fair market value of not less than One Million Dollars ($ 1,000,000.00) on the date of completion of said improvements, Lessee shall forfeit to Lessor on December 27, 2044, an amount of such bonds equal to the amount by which the sum of One Million Dollars ($ 1,000,000.00) exceeds the fair market value (on the date of completion) of the improvements on the Property constructed or caused to be constructed by Lessee prior to December 27, 2044, and the remainder of such bonds, if any, shall be returned to Lessee or its designee. Notwithstanding anything hereinabove to the contrary, Lessee may deposit with Lessor, in lieu of such bonds, a surety bond issued by a responsible insurance company legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, in an amount equal to the sum by which One Million Dollars ($ 1,000,000.00) exceeds the fair market value, as of March 15, 1994, of the improvements on the Property constructed or caused to be constructed by Lessee prior to March 15, 1994; said surety bond to be conditioned so as to be payable to Lessor on December 27, 2044, in an amount equal to the sum by which One Million Dollars ($ 1,000,000.00) exceeds the fair market value (on the date of completion) of the improvements on the Property constructed or caused to be constructed by Lessee prior to December 27, 2044. Said fair market value of the improvements as used and referred to in this Section Twenty-Four shall be determined conclusively by Lessee delivering to Lessor the written certification of Lessee as to the

"GA1979.1.1746">

amount of the fair market value of said improvements; provided, however, that notwithstanding the foregoing provision to the contrary, in the event Lessor shall, within thirty (30) days after receipt by Lessor of any such certification of Lessee, notify Lessee of Lessor's rejection of said certification of Lessee, Lessee shall within six (6) months after receipt of said notice from Lessor, cause an appraisal of said improvements to be made by a disinterested and independent appraiser who is a member in good standing of the American Institute of Real Estate Appraisers or its successor and the fair market value of said improvements as so determined by said appraiser shall be deemed conclusive between Lessor and Lessee for the purposes of this Section Twenty-Four of this Amended Lease. The Commission, acting for and on behalf of Lessor, and without any further action or authorization by the Georgia General Assembly being necessary, shall at any time and from time to time (prior to, during or following such construction) execute such non-exclusive easements as shall be reasonably necessary to Lessee, either as to the Property or as to any underlying or adjacent properties of Lessor, in order to make available to the Property, or any portion thereof, water, sewer, gas, telephone, electrical services and other utility services and to provide to the Property or any portion thereof accessibility for vehicular or pedestrian purposes to the ground level or to any street, viaduct or right-of-way; provided, however, that any such non-exclusvie easements shall be subject to (i) the rights, if any, of any tenant or lessee of Lessor herein and the lessee of the property known as the Western and Atlantic Railroad, including, without limitation, the rights, if any, of the Louisville and Nashville Railroad Company (LN) (and any party claiming by, through or under LN) under the terms of that certain Lease entered into by and between the State of Georgia, acting through the State Properties Control Commission and under and by virtue of the authority granted by Resolution Act No. 101 passed by the 1968 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 4, 1968 (Ga. Laws 1968, pp. 54-112) (hereinafter referred to as the March 4, 1968 Lease), as lessor, and LN, as lessee, and (ii) the rights, if any, of any person or entity set forth in Item 7(a) of Exhibit B of this Amended Lease; provided further, that as to such non-exclusive easements for ground level access, Lessee shall first obtain and submit to Lessor the written approval of LN (and any party claiming by, through or under LN by virtue of the March 4, 1968 Lease) in the event that said non-exclusive easements affect the right-of-way (or the use thereof) of the Western Atlantic Railroad

"GA1979.1.1747">

as said right-of-way is located on the date of the execution of this Amended Lease by Lessor, or as the said right-of-way may be relocated pursuant to, under and by virtue of the terms and conditions of the said March 4, 1968 Lease (as the said March 4, 1968 Lease exists as of the date of the execution of this Amended Lease by Lessor), and that said non-exclusive easements for ground level access shall not result in any cost, expense or loss to or by Lessor; said non-exclusive easements, or any interest therein, shall be freely assignable, without the consent or approval of Lessor, to any person or entity whomsoever holding an interest in the Property, or any portion or portions thereof. All such non-exclusive easements shall terminate no later than December 27, 2044. Section Twenty-Five: Payment Of Bills For Construction. Lessee covenants and agrees to pay, currently as they become due and payable, all bills for labor, materials, insurance, and bonds, and all fees of architects, engineers, contractors, and subcontractors and all other costs and expenses incident to any construction in or on the Property; provided, however, that Lessee may, in good faith, at its sole cost and expense and in its own name, dispute and contest any such bill, fee, cost or expense, and in such event, any such item need not be paid until adjudged to be valid; provided, however, Lessee shall first notify Lessor in writing of such dispute and contest and shall furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of any such item so contested. Unless so contested by Lessee, all such items shall be paid by Lessee within the time provided by law, and if contested, any such item shall be paid before the issuance of an execution on a final judgment with respect thereto. Section Twenty-Six: All Liens And Rights Are Subordinate To Lessor. Lessee's rights, as well as the rights of anyone else, including, but not limited to, any mortgagee, architect, engineer, contractor, assignee, sublessee, subcontractor, independent contractor, prime or general contractor, mechanic, laborer, materialman or other lien or claim holder, shall always be and remain subordinate, inferior, and junior to Lessor's reversionary title, interest and estate in the Property. Section Twenty-Seven: Completion Of Construction By Lessor. Lessee covenants and agrees that in the event Lessee abandons or fails to complete the construction of improvements undertaken by

"GA1979.1.1748">

Lessee upon the Property in accordance with all the requirements of this Amended Lease, Lessor, may, at its option (but without any obligation so to do and without prejudice to any other rights Lessor may have under this Amended Lease) complete the construction of the improvements undertaken by Lessee at the cost and expense of Lessee and, as nearly as practicable and proper, according to the Preliminary Plans and Structural Plans previously approved by the Commission. Lessee shall, at the time of submission of the Structural Plans to the Commission for approval, present to the Commission, in form and content acceptable to the Commission, a written agreement of the architect, who created the Preliminary Plans and the Structural Plans for the Lessee, to furnish to Lessor and to permit Lessor to use the Preliminary Plans and the Structural Plans, without charge to Lessor, in the event Lessor elects to complete the construction of the improvements undertaken by Lessee or any part or parts therof. Section Twenty-Eight: Title To The Improvements. The title to all improvements now or hereafter located on the property more particularly described in Exhibit A hereof and owned by Lessee, its predecessors; successors, assigns or sublessees shall not be vested in Lessor until the termination or expiration of this Amended Lease and, in the event such improvements are owned by any Recognized Sublessee, as that term is defined in Section Thirty (B) hereof, the Recognized Sublease under which such Recognized Sublessee subleases such property, or until such time as Lessee and any such Recognized Sublessee, vacate or abandon the Property or are dispossessed by process of law, at which time all title to and ownership of said improvements shall automatically and immediately vest (without the necessity of any further action being taken by Lessee or Lessor or any instrument being executed and delivered by Lessee to Lessor) in Lessor. Section Twenty-Nine: Abandonment Of The Property By Lessee. Lessee agrees to occupy the Property, directly or indirectly, and not vacate or abandon the same at any time during the term of this Amended Lease. If Lessee vacates or abandons the Property, or is dispossessed by process of law, any personal property or trade fixtures belonging to Lessee and left on the Property shall, at the option of the Lessor, be deemed to be abandoned by the Lessee and henceforth the title to (and the ownership of) said personal property or trade fixtures shall immediately vest (without the necessity of any

"GA1979.1.1749">

further action being taken by Lessee or Lessor or any instrument being executed and delivered by Lessee to Lessor) in Lessor as of the date of said vacating, abandonment or dispossession. Section Thirty: Subleasing. (A) Right To Enter Into Subleases. Nothing contained in this Section Thirty shall be construed to relieve Lessee of any of its obligations under this Amended Lease, including the payment of Rent. Lessee shall have the right to sublease all or any portion of the Property without the consent or approval of Lessor, for a term of years not to extend beyond December 27, 2044. (B) Recognition By Lessor Of Subleases. Lessee shall have the right at any time and from time to time to submit to the Executive Director of the Commission for recognition by Lessor any bona fide sublease entered into by Lessee pursuant to the provisions of subsection (A) of this Section Thirty, and such recognition shall automatically become effective unless the Commission gives written notice of its disapproval thereof to Lessee together with a copy of such written notice to the sublessee at his address as disclosed by the sublease. Lessor agrees that it will not unreasonably withhold the recognition of any such sublease. In the event the portion of the Property as to which any such submission for recognition is made is also a portion of the Property as to which there exists any Leasehold Mortgagee, such submission shall be accompanied by evidence of the written consent thereto by any such Leasehold Mortgagee. Unless the Commission disapproves any such submission for recognition, the provisions of this sub-section (B) of this Section Thirty shall be self-operating and shall not require any further action on the part of Lessor; provided, however, that the Executive Director of the Commission shall, upon request by Lessee, promptly execute, acknowledge and deliver such agreements evidencing and agreeing to the recognition of any such subleases as Lessee shall reasonably require. Any sublease which is recognized by Lessor pursuant to the provisions of this sub-section (B) of this Section Thirty shall be hereinafter sometimes referred to as a Recognized Sublease, and the sublessee thereunder shall be hereinafter sometimes referred to as a Recognized Sublessee. (C) Rights Of Recognized Sublessee. If this Amended Lease is terminated prior to the expiration of the term as provided for herein, whether or not Lessor enters into a Mortgagee Lease (as hereinafter

"GA1979.1.1750">

defined) with any Leasehold Mortgagee as provided for in subsection (G) of Section Forty-Seven hereof, Lessor agrees that any such premature termination of this Amended Lease shall not result in the termination of any Recognized Sublease. Each Recognized Sublease shall continue for the duration of its term, and Lessor shall automatically have all right, title and interest of Lessee in, to and under any such Recognized Sublease. (D) Limitation Upon Rights Of Recognized Sublessee. Any other provisions of this Amended Lease or of any Recognized Sublease to the contrary notwithstanding, in no event shall Lessor have any greater obligation to any Recognized Sublessee than Lessor has to Lessee under this Amended Lease, and in no event shall any Recognized Sublessee have any greater rights as against Lessor than Lessee has as against Lessor under this Amended Lease. (E) Sublease To CAPCO. Under and by virute of and pursuant to the provisions of Sub-sections (A) through (D) inclusive of this Section Thirty, and without in any way limiting the generality thereof, Lessee shall have the right to sublease the Property to CAPCO for a term of years not to expire subsequent to December 27, 2044, and upon observance of the provisions of Sub-section (B) of this Section Thirty, such sublease to CAPCO shall in all respects and for all purposes be a Recognized Sublease and CAPCO shall be a Recognized Sublessee entitled to all the benefits of Sub-sections (A) through (D) inclusive of this Section Thirty. Any lessee under a sublease from CAPCO, and its successors and assigns, shall, upon compliance with Sub-section (B) of this Section Thirty hereof, be a Recognized Sublessee under this Section Thirty but shall not be a Recognized Sublessee as that term is used in, or for the purposes of, Section Forty-Seven of this Amended Lease (except for the provisions of Subsection (G) of Section Forty-Seven of this Amended Lease). Without in any way limiting the generality of the other provisions of this Section Thirty or the provisions of Section Forty-Seven hereof, CAPCO shall have the right to encumber the above-referenced sublease from Lessee herein with one or more subleasehold mortgages in the same manner that Lessee shall have the right to encumber this Amended Lease pursuant to the provisions of Section Forty-Seven of this Amended Lease. If CAPCO shall so encumber its interest in such sublease, the subleasehold mortgagee shall be a Leasehold Mortgagee entitled to the benefit of the provisions of Section Forty-Seven hereof, if such subleasehold mortgagee shall comply with the

"GA1979.1.1751">

requirements to be performed by a Leasehold Mortgagee in accordance with Section Forty-Seven of this Amended Lease. In addition to, and not in limitation of the foregoing, CAPCO shall be entitled to the same written notices from Lessor of default by Lessee herein as are required to be given to Lessee and to any Leasehold Mortgagee pursuant to the provisions of Sections Forty-Seven and Forty-Eight of this Amended Lease and shall be accorded the same opportunities to cure any such default as are accorded to Lessee in said Section Forty-Eight, and Lessor herein shall accept the cure by CAPCO of any such default of Lessee as if such cure had been performed by Lessee. So long as CAPCO is a sublessee of Lessee under this Amended Lease, in the performance of all terms, satisfaction of all conditions, fulfillment of all requirements and discharge of all duties and obligations of Lessor under this Amended Lease, including discretionary determinations to be made pursuant hereto, Lessor shall act in regard to and render its performance in accordance with all of said terms, conditions, requirements, duties and obligations to and for the benefit of CAPCO, including, but not limited to, the execution of easement pursuant to Sections Nineteen and Twenty-Four hereof, the execution of Mortgagee Leases pursuant to Section Forty-Seven hereof, the execution of any Estoppel Certificates pursuant to Section Fifty-Six hereof, any modification or replacement of the Security Deposit pursuant to Sections Five, Six and Seven hereof, any approvals granted or consents required pursuant to Sections Twenty-Two and Thirty-One hereof, any action required in any proceedings contemplated under Sections Ten and Fifty-Three hereof, the approval or rejection and execution of any agreements with respect to any sublease by Lessee or sub-sublease by CAPCO submitted for recognition pursuant to Section Thirty hereof, appointment of an appraiser pursuant to Section Fifty-Four hereof, the execution of such agreements as are contemplated pursuant to Section Fifty-Five hereof, acceptance of any submissions pursuant to Sections Nineteen, Twenty-Two, Twenty-Three, Twenty-Four, Forty-Five, Forty-Seven and Fifty-Five hereof and any approvals pursuant to Section Fifty-Nine hereof. None of the provisions hereinabove contained in this Sub-section (E) of this Section Thirty shall alter, modify, increase, reduce or otherwise affect the rights and obligations of Lessor and Lessee as to each other under this Amended Lease. Section Thirty-One: Assignment Of Lease With Lessor's Consent. Except as otherwise provided in this Amended Lease, Lessee, and its

"GA1979.1.1752">

successors and assigns, shall not have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant hereto unless the written consent of Lessor is first had and obtained, which consent shall not be unreasonably withheld. Any assignment or transfer without such written consent shall be void. Any other provisions of this Amended Lease to the contrary notwithstanding, Lessee, and its successors and assigns, shall, without the consent or approval of Lessor, have the right to assign or transfer this amended Lease or any interest herein or any right or privilege appurtenant hereto which Lessee desires to assign or transfer to CAPCO, or its successors and assigns. Any other provisions of this Amended Lease to the contrary notwithstanding, for all purposes of this Amended Lease, an assignment or transfer by Lessee of this Amended Lease or any interest herein or any right or privilege appurtenant hereto to which Lessor's consent is required shall not include any distribution, dissolution, demise, devise, bequest, conveyance or other assignment or transfer by, and no consent or approval of Lessor shall be required to effect any distribution, dissolution, demise, devise, bequest, conveyance or other assignment or transfer by: (i) any trustee or co-trustee as required by the terms of the instrument under which such trustee or co-trustee is bound, including without limitation any transfer required upon termination of any such trust or any distribution of principal or income from such trust; (ii) any executor or other personal representative as required by the will or other instrument under which he derives his authority; or (iii) any administrator, guardian or other legal representative as required by any court or law. Specifically, without limiting the generality of the foregoing, no consent or approval of Lessor shall be required for any transfers or assignments required by the Will of Ben J. Massell, deceased, upon termination of the residuary trust under said will. Any other provisions of this Amended Lease to the contrary notwithstanding, Lessee, and its successors and assigns, shall, without the consent or approval of Lessor, have the right to assign or transfer this Amended Lease or any interest herein or any right or privilege appurtenant hereto which Lessee desires to assign or transfer to a Leasehold Mortgagee pursuant to Section Forty-Seven of this Amended Lease; provided, however, that the Property shall not be divided or subdivided into separate parcels or tracts except in accordance with this Amended Lease. Any other provisions of this Amended Lease to the contrary notwithstanding, Lessee, and its successors and assigns, shall, without the consent or approval of Lessor, have the right to assign or transfer this Amended Lease or any interest

"GA1979.1.1753">

herein or any right or privilege appurtenant hereto which Lessee desires to assign or transfer to any bank, savings and loan association, life insurance company, lending institution, financial institution, pension or retirement fund, corporation or partnership (provided any of the foregoing entities have a net worth in excess of Five Million and No/100 Dollars [$5,000,000.00]), public agency or authority or governmental entity; provided, however, that the Property shall not be divided or subdivided into separate parcels or tracts except in accordance with this Amended Lease. No assignment or transfer hereunder shall be valid or effective unless and until Lessee and its contemplated assignees or transferees (i) jointly give to Lessor written notice of such contemplated assignment or transfer (and enclosing a copy thereof) identifying the name and business address of the assignee or transferee and agreeing that the said assignee or transferee shall perform all duties and obligations arising by reason of the interest so assigned or transferred, and (ii) have received from Lessor written acknowledgement of compliance with such notice, which acknowledgement shall not be unreasonably withheld or delayed and shall be in a form suitable for recording if so requested by Lessee or its assignee or transferee. Lessor agrees to attorn to any such assignee or transferee for the performance of all duties and obligations arising by reason of the interest of this Amended Lease so assigned or transferred; provided, however, it is hereby agreed and acknowledged by Lessor and Lessee that Lessee, its successors and assigns, shall not be relieved of its liability for the performance of such duties or obligations by any such assignment or transfer. Any other provisions of this Amended Lease to the contrary notwithstanding, in the event the Lessee shall at any time be a partnership, in no event shall the assignment of a General or a Limited Partner's interests in Lessee, or its successors and assigns, or the creation and issuance by Lessee, or its successors and assigns, of additional limited partnership interests or the admission of additional or substituted general or limited partners in Lessee, or its successors and assigns, constitute an assignment or transfer by Lessee, or its successors and assigns, of this Amended Lease, and Lessor's consent shall not be required with respect to any such assignment, creation, issuance, admission or substitution. Section Thirty-Two: Maintenance Of Property. Lessee shall, at all times during the term of this Amended Lease, totally at Lessee's own cost and expense, keep and maintain the Property, and appurtenances and every part thereof, and any and all buildings, other

"GA1979.1.1754">

structures or improvements that may exist on, in, or be made a part of the Property, in good and sanitary order, condition and repair. Lessee's obligation to repair shall include the obligation to maintain, service and replace. Section Thirty-Three: Work Required By Government Regulation. In the event that, at any time during the term of this Amended Lease, any alteration, demolition, renovation, repair, replacement or maintenance of any building, other structrure or improvement in or on the Property or any other work of any nature whatsoever shall be required or ordered, or becomes necessary on account of any law, ordinance or governmental regulation now in effect or hereafter adopted, Lessee shall be solely liable for the entire cost and expense thereof, regardless of when the same shall be incurred or become due, and in no event shall Lessor be required to contribute thereto, participate therein, or do or pay for any work performed, materials furnished, or obligations incurred by Lessee. Lessee shall have the right to contest the validity of any such law, ordinance or regulation. Section Thirty-Four: Indemnification Of Lessor By Lessee. Lessee, as a material part of the consideration to be rendered to Lessor in this Amended Lease, agrees to be responsible for, to indemnify Lessor against, and to save and hold Lessor harmless from, any and all liability, damages, claims or demands for any injury or death of any person(s) or damages to any property(ies) if such injury, death or damage to property arises from or in any manner grows out of, any act or neglect on or about the Property by Lessee or Lessee's sublessees, subtenants, assignees, licensees, partners, agents, employees, invitees, trespassers, contractors and subcontractors, or their partners, representatives, agents or employees, or which arises from or in any manner grows out of, any defect in any undertaking hereunder by Lessee or any failure of Lessee to comply with the provisions of this Amended Lease. Section Thirty-Five: Addition, Subtraction, Renovation, Demolition Or Construction Anew Of The Improvements. If Lessee is not in default in the performance of any of the provisions of this Amended Lease, Lessee shall have the right at any time and from time to time to add to, subtract from or renovate the existing improvements or to demolish the existing improvements or to demolish any improvements constructed on the Property by Lessee and to construct new improvements on the Property of at least the same fair market value.

"GA1979.1.1755">

Section Thirty-Six: Return Of The Property To Lessor. Lessee agrees, at the termination of this Amended Lease, to surrender unto Lessor, all and singular the Property with the then existing buildings, other structures and improvements constructed and located thereon and therein, in the same condition as when such buildings, other structures, and improvements were constructed, only natural wear and tear excepted, unless Lessee shall be relieved of Lessee's obligation to repair, reconstruct, restore or replace damaged or destroyed buildings, other structures or improvements pursuant to Section Thirty-Nine of this Amended Lease. Section Thirty-Seven: Casualty And Hazard Insurance. (A) Casualty And Hazard Insurance On Improvements. At all times during the term of this Amended Lease, including the period of any construction in or on the Property, Lessee shall have all buildings, other structures and improvements insured against any loss or damage caused by fire, lightning, windstorm, hurricane, tornado, cyclone, hail, explosion, riot, civil commotion, aircraft, smoke, land vehicles, boiler explosion, and any other risks customarily included under extended coverage insurance policies, with responsible insurance companies, legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, said insurance to be in the amount of the full insurable replacement value [One Hundred percent (100%)] of said buildings, other structures and improvements. Each insurance policy shall, if the same is obtainable, contain a clause expressly waiving any right of the insurer of subrogation against Lessor. Each insurance policy shall provide that the same shall not be invalidated or cancellable until after thirty (30) days' written notice has been given to Lessor. (B) Loss Payable Clauses. The contracts of insurance required by sub-section (A) of this Section Thirty-Seven shall contain standard loss payable clauses in favor of Lessor and Lessee as their respective interests may appear. The contracts of insurance may be endorsed to name in the standard loss payable clause any Leasehold Mortgagee as such Leasehold Mortgagee's interest may appear, provided that:

"GA1979.1.1756">

(1) the Leasehold Mortgagee complies with the terms and conditions to be performed by Leasehold Mortgagee as contained in Section Forty-Seven of this Amended Lease; and (2) the Leasehold Mortgagee gives in writing to Lessor assurance that the proceeds of such insurance shall be utilized first for the repair, reconstruction, restoration, or replacement of such buildings, other structures or improvements. Section Thirty-Eight: No Invalidation Of Insurance By Lessee. Lessee agrees and covenants that it will not do or permit to be done in, to, or about the Property any act or thing which will invalidate any insurance pertaining to any buildings, other structures or improvements now located thereon or therein or hereafter constructed and located thereon or therein; and, further, that Lessee will not permit any buildings, other structures or improvements at any time to be put, kept or maintained on the Property in such condition that the same cannot be insured in the amount of the full insurable replacement value [One Hundred percent (100%)] thereof. Section Thirty-Nine: Repair Of Damaged Improvements. Should any building, other structures or improvements constructed and located by Lessee on or within the Property be damaged or destroyed by fire or any other casualty whatsoever during the term of this Amended Lease, Lessee, except as hereinafter provided in this Section Thirty-Nine, shall, within five (5) years from the date of such damage or destruction, commence the work of repair, reconstruction, restoration, or replacement and shall prosecute the same with all reasonable dispatch, so that within ten (10) years from the date of such damage or destruction, or by the end of the term of this Amended Lease, whichever is earlier, such buildings, other structures or improvements shall have been repaired, reconstructed or restored to the extent that they have at least the same fair market value as they had before the damage or destruction or shall have been replaced by new buildings, other structures or improvements having at least the same fair market value as the damaged or destroyed buildings, other structures or improvements had before said damage or destruction. Anything in this Amended Lease to the contrary notwithstanding, the period of time within which Lessee is hereinabove obligated to complete the repair, reconstruction, restoration

"GA1979.1.1757">

or replacement of any buildings, other structures or improvements so damaged or destroyed shall be extended for the period of any delay in said completion not within the reasonable control of Lessee. Lessor and Lessee specifically agree that, except as otherwise provided in this Amended Lease, damage to or destruction of any buildings, other structures or improvements on or within the Property at any time during the term of this Amended Lease, by fire or any other casualty whatsoever, shall not work a termination of this Amended Lease or authorize Lessee or those claiming by, through or under Lessee to quit or surrender possession of the Property or any portion thereof, and shall not release Lessee in any way from its liability to pay Lessor the Rent herein provided for, or from any of the provisions of this Amended Lease. However, if any buildings, other structures or improvements constructed and located by Lessee on or within the Property shall be damaged or destroyed at any time within the last ten (10) years of the term of this Amended Lease, Lessee shall be relieved of any obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures or improvements upon payment by Lessee to Lessor, in a single total payment, of the sum of (i) the full insurable replacement value [One Hundred Percent (100%)] of said damaged or destroyed buildings, other structures or improvements; plus (ii) the total amount of Rent for the remainder of the unexpired term of this Amended Lease. The release of Lessee from Lessee's obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures or improvements shall be conditioned, in addition to the payment by Lessee of the sums herein enumerated, upon the clearing by Lessee (totally at Lessee's own cost and expense and without any cost to Lessor) of the Property of any debris or remains of the said damaged or destroyed buildings, other structures or improvements and upon delivery by Lessee to Lessor of an instrument releasing, demising, conveying and transferring to Lessor all of Lessee's rights, title and interest in and to the Property. Section Forty: Damages For Failure To Comply With Repair Obligation. If the repair, reconstruction, restoration or replacement of damaged or destroyed buildings, other structures or improvements is not substantially completed in accordance with Section Thirty-Nine hereof within ten (10) years from the date of such damage or destruction (if such completion date is prior to the end of the term of this Amended Lease and if Lessee is under the affirmative requirement of Section Thirty-Nine of this Amended Lease to commence the repair, reconstruction, restoration, or replacement),

"GA1979.1.1758">

Lessee hereby agrees to pay to Lessor monthly thereafter, as fixed and liquidated damages and not as a penalty, an amount per day equal to the quotient derived by dividing the then current annual Rent by the number 365 until the said repair, reconstruction, restoration or replacement is substantially complete or until the end of the term of this Amended Lease, whichever is earlier. Section Forty-One: Workman's Compensation Insurance. At all times prior to the termination of this Amended Lease during any construction in or on the Property, Lessee agrees, at its own cost and expense, to obtain and maintain workman's compensation insurance in an amount necessary to protect Lessor and Lessee from all liabilities, damages, claims or demands arising out of any accident or occurrence related to such construction causing injury or death to any person. Section Forty-Two: Use Of Proceeds Of Insurance. The proceeds of all insurance obtained in accordance with Section Thirty-Seven of this Amended Lease shall be used for the repair, reconstruction, restoration, or replacement of buildings, other structures or improvements located on or within the Property unless Lessee shall be relieved of Lessee's obligation to so repair, reconstruct, restore, or replace such damaged or destroyed buildings, other structures or improvements pursuant to Section Thirty-Nine of this Amended Lease. The proceeds of such insurance, if not required to be used for the repair, reconstruction, restoration or replacement of the Property, shall, unless Lessee is in default hereunder, be paid over or assigned to the Lessee or as the Lessee may direct. All sums necessary to effect such repair, reconstruction, restoration or replacement over and above the amount available from said insurance proceeds shall be at the sole cost and expense of Lessee. Section Forty-Three: Termination Prior To Completion Of Repair. In the event of the termination of this Amended Lease before the expenditure of the full amount of such insurance proceeds in the repair, reconstruction, restoration or replacement of such damaged or destroyed buildings, other structures or improvements, any unexpended balance thereof, including any interest previously earned by such balance, shall inure to and become the sole property of the Lessor. Section Forty-Four: Public Liability Insurance. Lessee agrees, at its own cost and expense, to obtain and maintain public liability insurance at all times during the term of this Amended Lease with responsible insurance companies, legally licensed and authorized to transact business in the State of Georgia and maintaining an office or

"GA1979.1.1759">

agency in the City of Atlanta, Georgia, with such reasonable coverage limits as may be determined by Lessee but with such coverage limits at all times to be not less than $1,000,000.00 for all damages arising out of bodily injuries to or the death of one person in any one occurrence, and, subject to the aforesaid limit for each person, a total of $5,000,000.00 for all damages arising out of bodily injuries to or the death of two or more persons in any one occurrence, and limits of not less than $1,000,000.00 for all damages arising out of damage to or destruction of property in any one occurrence. The said public liability insurance shall insure Lessor and Lessee against any liability, damage, claim or demand in any way arising out of or in connection with the condition or use of the Property. Section Forty-Five: Delivery Of Insurance Policies. Insurance policies, and all endorsements thereto, including all insurance required to be carried by Lessee in accordance with this Amended Lease, or, at the option of Lessee, certificates showing that such insurance is in force and noncancellable without at least thirty (30) days' prior written notice to Lessor, shall be delivered to Lessor by Lessee. Section Forty-Six: Evidence Of Payment Of Premiums. Lessee shall at once furnish to the Commission duplicate receipts or satisfactory evidence of the payment of all premiums on any and all insurance required to be carried by Lessee in accordance with this Amended Lease. Section Forty-Seven: Mortgaging Of The Leasehold. Lessee, and every successor and assign of Lessee (and any Recognized Sublessee and every successor and assign of a Recognized Sublessee, pursuant to sub-section (B) of Section Thirty above) shall have the right in addition to any other rights granted in this Amended Lease to encumber its interest in this Amended Lease (or in any Recognized Sublease) without Lessor's consent, under any one or more Leasehold Mortgages (as hereinafter defined), upon the condition that all rights acquired under the Leasehold Mortgage or Mortgages shall be subject to each of the provisions set forth in this Amended Lease and to all rights and interest of the Lessor therein. If, from time to time, Lessee or Lessee's successors and assigns (or Recognized Sublessees or their successors and assigns) shall encumber this Amended Lease (or any Recognized Sublease) with a Leasehold Mortgage, and if the Leasehold Mortgagee (as hereinafter defined) registers with Lessor by delivering to Lessor a copy of such recorded Leasehold Mortgage certified by the Clerk or any Deputy Clerk

"GA1979.1.1760">

of the Superior Court of Fulton County, Georgia, together with written notice specifying the name and address of the Leasehold Mortgagee and the pertinent recording data with respect to the Leasehold Mortgage, Lessor agrees that, anything in this Amended Lease to the contrary notwithstanding, from and after the date of receipt by Lessor of such notice and for the term (duration) of such Leasehold Mortgage, the following provisions shall apply: (A) From Of Security Instrument. The term Leasehold Mortgage, as used in this Amended Lease shall mean and refer to any encumbrance of this Amended Lease (or any Recognized Sublease) as security for any indebtedness Lessee or Lessee's successors and assigns or any Recognized Sublessee and its successors and assigns, may incur, whether by deed to secure debt, mortgage, deed of trust, or other security instrument. The term Leasehold Mortgagee shall mean and refer to holder of the indebtedness secured by any Leasehold Mortgage. (B) Consent To Amendment. There shall be no cancellation, surrender or modification of this Amended Lease by Lessor and/or Lessee without the prior written consent of any Leasehold Mortgagee. Nothing herein shall be deemed to prohibit Lessor from terminating this Amended Lease for default of Lessee as provided in this Amended Lease. (C) Notices To Leasehold Mortgagees. Lessor, upon serving Lessee with any notice of default, shall simultaneously serve a copy of such notice on any Leasehold Mortgagee. The Leasehold Mortgagee shall then have the same period after service of the notice on it to remedy or cause to be remedied the default complained of and Lessor shall accept performance by or at the instigation of any Leasehold Mortgagee as if it has been done by Lessee. Any notice required to be given to any Leasehold Mortgagee shall be posted in the United States mail, postage prepaid, certified (and wired by telegraphic means) and addressed to the Leasehold Mortgagee at the address and to the attention of the person designated to Lessor by such Leasehold Mortgagee to receive copies of such notices and shall be deemed to have been served as of the date the said notice is postmarked by the United States Postal Service or its successor. (D) Curative Rights Of Leasehold Mortgagees. In addition to the rights granted to any Leasehold Mortgagee under sub-section (C) of this Section Forty-Seven, a Leasehold Mortgagee shall have an additional period of thirty (30) days to remedy or cause

"GA1979.1.1761">

to be remedied any default complained of, provided such Leasehold Mortgagee shall reimburse Lessor, at the time of so remedying the default, for all costs and expenses to Lessor of maintaining, protecting, insuring and operating the Property during the additional thirty (30) day period. (E) Limitation Upon Termination Rights Of Lessor. If Lessor shall elect to terminate this Amended Lease by reason of any default of Lessee, the Leasehold Mortgagee shall also have the right to postpone and extend the date of termination as fixed by the provisions of this Amended Lease for a period of not more than three (3) months from the expiration of the thirty (30) day period specified in sub-section (D) of this Section Forty-Seven, provided that the Leasehold Mortgagee shall have cured or shall have caused to be cured any then existing money defaults and meanwhile shall pay the Rent and other charges required to be paid under this Amended Lease; and provided further, that the Leasehold Mortgagee of this Amended Lease shall forthwith take steps necessary to acquire or sell Lessee's interest and estate in this Amended Lease by foreclosure of its Leasehold Mortgage, or otherwise, and shall prosecute such action to completion with due diligence. If at the end of the three (3) month period, the Leasehold Mortgagee of this Amended Lease shall be actively engaged in steps to acquire or sell Lessee's interest in this Amended Lease, all money defaults having been cured, the time for Leasehold Mortgagee to comply with the provisions of this sub-section (E) of this Section Forty-Seven shall be extended for such period as shall be reasonably necessary to complete these steps with reasonable diligence and continuity. (F) Assignment. Lessor agrees that in the event of any foreclosure under any Leasehold Mortgage, either by judicial proceedings or under power of sale contained therein, all right, title and interest encumbered by such Leasehold Mortgage may, without the consent of Lessor, be assigned to and vested in the purchaser at such foreclosure sale subject and subordinate, however, to the rights, title and interests of Lessor and (in the case of a Leasehold Mortgage encumbering all or any part of the estate of any Recognized Sublessee) subject and subordinate to the rights, title and interests of Lessee; and, notwithstanding that Lessor's consent to said assignment shall not have been obtained, any such assignee shall be vested by virtue of such assignment with any and all rights of the party whose estate

"GA1979.1.1762">

was encumbered by such Leasehold Mortgage as though Lessor had consented thereto. (G) Mortgagee Leases. Lessor agrees that in the event of a termination of this Amended Lease by reason of any default by Lessee, and subject to the rights herein granted to Leasehold Mortgagees, Lessor will enter into a lease (hereinafter referred to as the Mortgagee Lease) of the Property with the Leasehold Mortgagee for the remainder of the term effective as of the date of termination, at the same Rent and upon the same terms, provisions, covenants and agreements as contained in this Amended Lease and subject to no additional exceptions or encumbrances other than those set forth in Exhibit B hereof and to the rights, if any, of the parties then in possession (actual or constructive) of any part of the Property; provided, Lessor shall assign to the Leasehold Mortgagee without recourse, warranty or representation of any kind and on such form as is reasonably acceptable to Lessor, all of Lessor's interest in any Recognized Sublease made and executed pursuant to Section Thirty hereof, if any, and provided further: (1) The Leasehold Mortgagee shall make written request upon Lessor for the execution of such a Mortgagee Lease within thirty (30) days after the date of termination and the written request is accompanied by payment to Lessor of all sums then due to Lessor under this Amended Lease. (2) The Leasehold Mortgagee shall pay to Lessor at the time of the execution and delivery of the Mortgagee Lease any sums that at the time of its execution and delivery would be due pursuant to this Amended Lease but for the termination, and in addition, all reasonable attorney's fees, which Lessor shall have incurred by reason of the default. (3) The Leasehold Mortgagee shall perform and observe all covenants contained in the Mortgagee Lease on Lessee's part to be performed during such period of time commencing with the date of the execution of the Mortgagee Lease and terminating upon the abandonment or surrender of possession of the Property under the said Mortgagee Lease and shall further remedy any other conditions that Lessee was obligated to perform under the terms of this Amended Lease.

"GA1979.1.1763">

(4) The Lessor shall not warrant possession or quiet enjoyment of the Property to the lessee (Leasehold Mortgagee) under the Mortgage Lease. (5) The Mortgagee Lease shall be expressly made subject to the rights, if any, of the Lessee under this Amended Lease and to the rights, if any, of the Recognized Sublessees (and any other person or entity claiming by, through or under any Recognized Sublessee) under any Recognized Sublease pursuant to Section Thirty (B) hereof. (6) The Leasehold Mortgagee (the lessee under the Mortgagee Lease) shall assume all of the obligations of Lessor under any Recognized Sublease. (7) The lessee (Leasehold Mortgagee) under the Mortgagee Lease shall have the same right, title and interest in and to the Property and the right to use of the buildings and improvements thereon as Lessee had under this Amended Lease. (H) Agreement Between Lessor And Leasehold Mortgagee. Lessor, upon request, and without any further action or authorization by the Georgia General Assembly being necessary, shall execute, acknowledge and deliver to each Leasehold Mortgagee an agreement, in form reasonably satisfactory to Leasehold Mortgagee and Lessor, by and between Lessor, Lessee and Leasehold Mortgagee (provided the same has been previously executed by Lessee and Leasehold Mortgagee) agreeing to all of the provisions of this Section Forty-Seven of this Amended Lease. Lessee agrees to pay all costs and expenses incurred by Lessor in connection with the preparation and/or execution of said agreement. (I) Limitation On Number Of Leasehold Mortgages. The rights granted a Leasehold Mortgagee under this Section Forty-Seven shall not extend, as to any one portion of the Property, to more than five (5) such Leasehold Mortgagees at any one time, and shall, as among Leasehold Mortgagees whose Leasehold Mortgages encumber the same estate, be exercisable by said Leasehold Mortgagees in the order of the respective priority of their Leasehold Mortgages, to the exclusion of those Leasehold Mortgagees junior in priority and those Leasehold Mortgagees whose Leasehold Mortgages encumber a lesser estate; provided, however, if at the time a Leasehold Mortgagee registers with

"GA1979.1.1764">

Lessor in accordance with this, this Section Forty-Seven, there exists a Leasehold Mortgage encumbering the same estate and secured by or including the same portion of the Property which Leasehold Mortgagee has been previously registered with Lessor in accordance with this Section Forty-Seven, the Leasehold Mortgage or Mortgages first in time of registration with Lessor shall, unless otherwise agreed upon between the Leasehold Mortgagees encumbering the same estate, notice of such agreement being provided to Lessor, have priority with respect to such portion of the Property and the rights granted to a Leasehold Mortgagee under this Section Forty-Seven but shall not have priority with respect to any Leasehold Mortgage then or thereafter encumbering a senior or superior estate. Subject to the foregoing limitation that the rights granted a Leasehold Mortgagee under this Section Forty-Seven shall not extend, as to any one portion of the Property, to more than five (5) such Leasehold Mortgagees at any one time, Lessor and Lessee agree that there is not limit on the total aggregate number of Leasehold Mortgagees at any time and from time to time entitled to exercise the rights granted to Leasehold Mortgagees under this Section Forty-Seven. (J) Limitation On Liability Of Leasehold Mortgagee. Lessor agrees that any Leasehold Mortgagee permitted under this Amended Lease shall in no manner or respect whatsoever be liable or responsible for any of Lessee's obligations or covenants under this Amended Lease, unless and until such Leasehold Mortgagee becomes the owner of said leasehold estate by foreclosure, sale in lieu of foreclosure or otherwise, in which event such Leasehold Mortgagee shall remain liable for such obligations and covenants only so long as it remains the owner of said leasehold estate. Section Forty-Eight: DefaultLessee's Right To CureLessor's Rights upon Failure By Lessee To Cure . In the event Lessee fails or refuses to observe, perform or comply with any of the provisions of this Amended Lease, Lessor may, by serving written notice on Lessee, and on any Recognized Sublessee, and on any Leasehold Mortgagee entitled to receive copies of notices in accordance with Section Forty-Seven of this Amended Lease, declare Lessee to be in default in Lessee's obligations under this Amended Lease. Except as otherwise provided in Section Fifty-One of this Amended Lease, in

"GA1979.1.1765">

the event of Lessee's failure to completely and totally remedy or cure any such default within thirty (30) days after the date of the written notice from Lessor, or, if complete and total remedy or cure (except for a default with respect to the payment of monetary sums) cannot be effected despite a good faith effort to effect such remedy or cure within the said thirty (30) days, in the event of Lessee's failure to commence within the said thirty (30) days a good faith effort to completely and totally cure the default within six (6) months after commencement, Lessor may pursue one of the following options: (A) Termination Right Of Lessor. Terminate this Amended Lease immediately upon written notice thereof to Lessee, and thereafter, without legal process, enter upon and take possession and control of the Property to the complete exclusion of Lessee. Lessor may also demand, collect and retain all rents due from tenants occupying the Property and Lessor may otherwise treat and occupy the Property as if this Amended Lease had expired of its own limitation. The failure of Lessor to exercise such rights after one or more defaults shall not be a waiver of the rights of Lessor upon any subsequent default; or (B) Re-letting Rights Of Lessor . As Lessee's legal representative, without terminating this Amended Lease, re-let the Property without advertisement and by private negotiations for such term or terms and at such rental or rentals as Lessor in its sole discretion may deem proper and advisable, with the right to make alterations and repairs to the Property. Upon each such re-letting: (1) Lessee shall be immediately liable to pay to Lessor, in addition to any sums due hereunder, the cost and expenses of such re-letting and of such alterations and repairs incurred by Lessor; and (2) rents received by Lessor from such re-letting shall be applied: First, to the payment of any costs and expenses of such re-letting and of such alteration and repair; Second, to the payment of Rent due and unpaid under this Amended Lease; and Third, the residue, if any, shall be held by Lessor, in escrow, and (i) applied to the payment of the Rent as the same becomes due under this Amended Lease and, (ii) if any balance then remains, paid to Lessee

"GA1979.1.1766">

at the termination of this Amended Lease. Lessor shall in no event be liable to Lessee for any interest on the said residue. Section Forty-Nine: Extinguishment Of Lessee's Rights Upon Termination. Upon the termination or expiration of this Amended Lease from any cause, all rights and interests of Lessee, and all persons whomsoever claiming by, through or under Lessee, except for Recognized Sublessees and except for the rights of Leasehold Mortgagees as provided for in Section Forty-Seven of this Amended Lease, shall immediately cease and determine and the Property, including all buildings, improvements, engines, machinery, dynamos, generators, boilers, furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling, refrigerating, air conditioning, ventilating, gas, electric and plumbing apparatus, appliances and fixtures, as well as other fixtures attached to or within the Property, shall thenceforward constitute and belong to and be the absolute property of Lessor or Lessor's successors and assigns, without further act or conveyance, and without liability to make compensation to Lessee or to anyone whomsoever, and free and discharged from all and every lien, encumbrance, claim and charge of any character created or attempted to be created by Lessee at any time. Section Fifty: Prepaid Items Assigned. Upon the expiration of the term of this Amended Lease, or upon the prior termination of this Amended Lease from any cause, all expense items prepaid by Lessee with respect to constructing, operating, maintaining and protecting the Property, including, but not limited to, prepaid insurance premiums, any Tax and utility deposits, shall inure to the benefit of and become the property of Lessor and to this extent Lessee does hereby transfer, assign and convey any such prepaid expense items to Lessor. Section Fifty-One: BankruptcyAppointment Of A ReceiverDebtor Relief ProceedingsGeneral Assignment For Benefit Of CreditorsLevy Upon Property . In addition to the happening of any event hereinabove set out which gives Lessor the right to declare a default of this Amended Lease, Lessor may, at its option, declare a default of this Amended Lease and immediately elect one of the options Provided in Section Forty-Eight of this Amended Lease upon the happening of any or all of the following events: (A) Bankruptcy . If Lessee is adjudicated a bankrupt; or

"GA1979.1.1767">

(B) Receivership . If a permanent receiver is appointed for Lessee's interest in the Property and such receiver is not removed within sixty (60) days after notice from Lessor to Lessee to obtain such removal; or (C) Debtor Relief . If Lessee voluntarily or involuntarily takes advantage of any debtor relief proceedings under any present or future law whereby the Rent or any part thereof is reduced or payment thereof deferred and said proceedings are dismissed within sixty (60) days after notice from Lessor to Lessee to obtain such dismissal; or (D) Assignment For Benefit Of Creditors . If Lessee makes a general assignment for benefit of creditors; or (E) Levy Upon Property . If the Property or Lessee's effects or interests therein should be levied upon or attached under process against Lessee, and the same is not satisfied or dissolved within sixty (60) days after notice from Lessor to Lessee to obtain satisfaction or dissolution thereof. Section Fifty-Two: Inspection Of Property By Lessor . Lessor, its authorized representatives, agents, employees and attorneys may, but shall be under no duty to, enter the Property at reasonable times and hours, subject to the rights of tenants in possession, if any, to inspect the Property in order to determine whether Lessee is complying with its undertakings, duties and obligations under this Amended Lease. Section Fifty-Three: Property Subject To Zoning . Lessee takes the Property subject to all zoning regulations and ordinances now or hereafter in force including, but not limited to, those as to building line and setback. Lessee, in its discretion and at its own cost and expense, may, in good faith, institute rezoning proceedings or contest and litigate the validity of any zoning ordinance, rule, regulation, resolution or statute of any governmental body affecting the Property or Lessee's use or occupancy thereof; provided, however, that Lessee shall first give Lessor written notice thereof. The Commission shall execute on behalf of Lessor any and all documents reasonably requested by Lessee in connection with any such proceedings or litigation. Lessee shall indemnify Lessor from any and all liability which might arise by reason of any such proceedings or litigation.

"GA1979.1.1768">

Section Fifty-Four: Total Or Partial Condemnation. If, during the term of this Amended Lease, the Property or any part thereof is condemned or taken by the United States or by any other legal entity having power of eminent domain over the Property then: (A) Lease Termination. (1) Total Condemnation. If all of the Property, or such portion thereof as renders the residue of the Property of no substantial commercial value, is so condemned, this Amended Lease shall, at the option of Lessee, terminate on the date title to the Property or the condemned portion thereof vests in the condemnor; provided, however, that such termination shall not benefit the condemnor and shall be without prejudice to the rights of either Lessor or Lessee to recover just and adequate compensation from any such condemnor. (2) Partial Condemnation. In the event the residue of the Property is of substantial commercial value, then the Rent otherwise payable throughout the remainder of the term of this Amended Lease shall be reduced as follows: the percentage which the value of the residue of the Property (excluding all structures and improvements thereon) after condemnation bears to the value of the Property (excluding all structures and improvements thereon) immediately prior to such condemnation shall be determined by appraisal as hereinafter provided, and the percentage determined by said appraisal shall be multiplied by the amount of the Rent otherwise payable under the provisions of Section Two of this Amended Lease and the product thereof shall thereafter be payable as the Rent hereunder; and in such event, Lessee shall forthwith repair or rebuild the improvements remaining on such residue of the Property to the extent that it is economically feasible for Lessee to do so. If the percentage which the value of the residue of the Property (excluding all structures and improvements thereon) after condemnation bears to the value of the Property (excluding all structures and improvements thereon) immediately prior to such condemnation is determined (by appraisal as hereinafter provided) to be greater than or equal to twenty-five percent (25%), the residue of the property will, for purposes of this Section Fifty-Four, be considered to be of substanial commercial value.

"GA1979.1.1769">

(B) Separate Awards. The Court in such condemnation proceeding shall, if not prohibited by law, be requested to make separate awards to Lessor and Lessee, and Lessor and Lessee agree to request such action by the court. This Section Fifty-Four of this Amended Lease shall be construed as superseding and being hereby substituted for any statutory provisions now in force or hereafter enacted concerning condemnation proceedings to the extent permitted by law. (C) Division Of Single AwardTotal Condemnation. If such court is prohibited by law from making separate awards to Lessor and Lessee or decines to do so, and if all of the Property or such portion thereof as renders the residue of the Property of no substantial commercial value is so condemned, the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (1) Lessee shall receive that portion of the award which is equal to the product obtained by multiplying the amount of the award by a fraction, the numerator of which shall be the sum of (i) the value of all buildings and improvements on the Property plus (ii) the value of Lessee's leasehold estate hereunder had the Property not been condemned plus (iii) the amount of any and all other loss or damage, if any, including, but not limited to, consequential damages for such condemnation, suffered by Lessee as a result of such condemnation, and the denominator of which shall be equal to the sum of (i) the value of all buildings and improvements on the Property plus (ii) the value of Lessee's leasehold estate hereunder had the Property not been condemned plus (iii) the value of Lessor's right to receive Rent hereunder plus (iv) the value of Lessor's reversionary interest in the Property plus (v) the value of Lessor's reversionary interest in the buildings and improvements on the Property upon the expiration of this Amended Lease on December 27, 2044, plus (vi) the amount of any and all other loss or damage, if any, including, but not limited to, consequential damages for such condemnation, suffered by Lessee as a result of such condemnation; and (2) Lessor shall receive the balance of the award. For the purposes of this sub-section (C) of this Section Fifty-Four, the values set forth hereinabove shall be determined (by appraisal, as hereinafter provided) as of the date immediately preceding such condemnation.

"GA1979.1.1770">

(D) Division Of Single AwardPartial Condemnation. If such court is prohibited by law from making separate awards to Lessor and Lessee or declines to do so, and if the residue of the Property after such condemnation is of substantial commercial value, then the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (1) Lessee shall receive that portion of the award which is equal to the product obtained by multiplying the amount of the award by a fraction, the numerator of which shall be equal to the sum of (i) the difference between the value of all buildings and improvements on the Property immediately prior to such condemnation and the value of the residue of all buildings and improvements on the Property immediately after such condemnation plus (ii) the difference between the value of Lessee's leasehold estate hereunder had the Property not been condemned and the value of Lessee's leasehold estate hereunder following such condemnation plus (iii) the amount of any and all other loss or damage, if any, including, but not limited to, consequential damages for such condemnation, suffered by Lessee as a result of such condemnation, and the denominator of which shall be equal to the sum of (i) the numerator of this fraction plus (ii) the difference between (a) the sum of the value of Lessor's right to receive Rent hereunder plus the value of Lessor's reversionary interest in the Property plus the value of Lessor's reversionary interest in the buildings and improvements on the Property immediately prior to such condemnation and (b) the sum of the value of Lessor's right to receive Rent hereunder plus the value of Lessor's reversionary interest in the Property plus the value of Lessor's reversionary interest in the buildings and improvements after such condemnation; and (2) Lessor shall receive the balance of the award. For the purposes of this sub-section (D) of this Section Fifty-Four, the values set forth hereinabove shall be determined by appraisal as hereinafter provided. (E) Use Of Lessee's Award. That portion of the award of Lessee for any condemnation attributable to the value of the buildings and improvements on the Property and to the value of Lessee's leasehold estate hereunder shall be paid by Lessee to Lessee's Leasehold Mortgagee and applied to all or any part of the indebtedness secured by such Leasehold Mortgagee's Leasehold Mortgage unless applied by the Leasehold Mortgagee to the repair or restoration of the improvements damaged by such

"GA1979.1.1771">

condemnation, provided that any amount of such award not so applied shall be paid to Lessee. (F) Appraisals. For the purpose of determining the appropriate reduction in the Rent payable hereunder in the event of a partial condemnation of the Property as set forth in sub-section (A) of this Section Fifty-Four, and for the purpose of determining any value or amount which is to be determined by appraisal pursuant to subsections (C) and (D) of this Section Fifty-Four, Lessor and Lessee shall each appoint one appraiser to determine the applicable value(s) or amount(s), and each shall promptly notify the other of such appointment. If either party shall fail or refuse so to appoint an appraiser and give notice thereof within thirty (30) days after written request from the other party, the appraiser appointed by such other party shall within an additional thirty (30) days thereafter individually make any such appraisal. If the parties have each so appointed an appraiser, the two appraisers thus appointed shall make such determination within thirty (30) days after the date of the later notice of appointment. If such two appraisers are unable to agree on such determination within said thirty (30) days, they shall, within an additional thirty (30) days thereafter, jointly appoint a third appraiser; if they fail so to appoint such third appraiser within said thirty (30) days, the third appraiser shall be appointed jointly by Lessor and Lessee (or upon their inability to agree, by the senior judge of the Superior Court of Fulton County, Georgia). The three appraisers so appointed shall then promptly make such determination by majority vote. Any determination made pursuant to this sub-section (F) of this Section Fifty-Four shall be binding and conclusive upon Lessor and Lessee, without any right of appeal. All appraisers appointed hereunder shall be competent, qualified by training and experience, disinterested, independent, and members in good standing of the American Institute of Real Estate Appraisers, or its successor. All appraisal reports shall be rendered in writing and signed by the appraiser or appraisers making the report. Each party shall pay all fees and expenses charged or incurred by the appraiser appointed by such party; and expenses charged or incurred by the third appraiser and fees and expenses which cannot be reasonably attributed to any one appraiser shall be borne equally by Lessor and Lessee.

"GA1979.1.1772">

(G) Other Evidence. Except as provided in sub-section (F) of this Section Fifty-Four, and for the specific limited purpose set forth therein, nothing herein contained to the contrary shall be deemed to prohibit Lessor or Lessee from introducing into any such condemnation proceeding or proceedings such appraisals or other estimates of value, loss and damage as each of them may see fit. (H) Reformation. Subject to the foregoing provisions of this Section Fifty-Four, Lessor and Lessee agree that upon any condemnation of the Property or any portion thereof or any interest of Lessee therein, this Amended Lease and all of Lessee's covenants, agreements, obligations, duties, rights, powers and privileges created thereby shall automatically be deemed to be apportioned and to apply to and affect solely that portion of the Property or that interest of Lessee in and to the Property or any portion thereof which is owned by Lessee under this Amended Lease following any such condemnation. (I) Notwithstanding any other provisions of this Section Fifty-Four to the contrary, so long as CAPCO, or its successors or assigns, is a Recognized Sublessee, and if there is no separate award among Lessor, Lessee and CAPCO, or its successors and assigns, or between Lessee and CAPCO, or its successors and assigns, in any condemnation or eminent domain proceeding with respect to the Property, the award of Lessee in any such condemnation or eminent domain proceedings with respect to buildings and improvements on the Property and Lessee's leasehold estate hereunder shall be paid and applied in accordance with and pursuant to the applicable provisions, if any, of the Recognized Sublease by and between the Lessee herein and CAPCO, or its successors and assigns. This Section Fifty-Four of this Amended Lease shall not constitute an acknowledgment by Lessor or Lessee or either or both of them that Lessor's rights as a Sovereign in and to the reversionary fee simple estate in the Property are in any manner subject to any power of eminent domain vested in any government or other legal entity. Section Fifty-Five: Lessee's Rights And Obligations With Respect To Certain Of The Terms And Conditions Contained In Exception (A) Entitled Air, Mineral And Other Rights Contained In The March 4,

"GA1979.1.1773">

1968 Western Atlantic Railroad Lease. With respect to that portion of the Property which consists of the air rights over the right-of-way of the Western Atlantic Railroad as the said right-of-way is located as of the date of execution of this Amended Lease by Lessor or as the said right-of-way may be relocated pursuant to, under and by virtue of the terms and conditions of that certain March 4, 1968 Lease of the Western Atlantic Railroad by and between Lessor and the Louisville and Nashville Railroad Company (hereinafter referred to as the March 4, 1968 Lease), Lessor and Lessee hereby covenant and agree as follows: (A) Simultaneous Submission To Lessor And To Louisville And Nashville Railroad Company. To the extent, if at all, that any submissions made by Lessee to Lessor pursuant to the requirements of Section Nineteen, Section Twenty-Two, Section Twenty-Four or Section Fifty-Five (B) of this Amended Lease require consideration to be given to such submissions by the Louisville and Nashville Railroad Company (LN) by reason of the provisions of Exception (A) entitled Air, Mineral and Other Rights of the March 4, 1968 Lease, Lessee agrees to make any such submission simultaneously both to Lessor and to LN and to diligently asserts its best efforts to obtain the written acceptance or approval of any such submission by a properly authorized officer or official of LN before formally requesting any action to be taken, easement to be granted, agreement to be executed or approval to be given by Lessor. Lessor agrees to cooperate with Lessee in presenting to LN any reasonable requests that may be made by Lessee which require the acceptance or approval of LN. (B) Relocation Of Railroad Tracks. To the extent, if at all, that Lessee makes the determination that the development and utilization of the property described in Exhibit A hereof, or any portion thereof, necessitates the relocation of any portion of the Western Atlantic Railroad tracks, Lessee shall submit to Lessor, with the Structural Plans on which such determination is based, any request which would necessitate Lessor's consideration of requiring LN to implement the relocation of such tracks pursuant to the rights of Lessor as set forth in Exception (A) of the March 4, 1968 Lease, so long as:

"GA1979.1.1774">

(1) Such relocation is necessary to permit the placement of any pillar providing support to a structure located in or upon the Property; and (2) There is no point at which said pillar can be placed consistent with sound engineering practices without necessitating the relocation of said track; and (3) Neither such relocated track nor the work of relocation will unreasonably interfere with the use by LN under the said March 4, 1968 Lease, or any sublessee of LN, of the properties leased under the said March 4, 1968 Lease, or unreasonably reduce the operating capacity or operating convenience of said properties, whether only in the immediate vicinity of said relocated track or elsewhere on the said properties; and (4) Such relocation, including acquisition of additional land, if necessary, and all other work and modifications of other tracks and structures necessitated by such relocation are performed without cost to Lessor or to LN or to any sublessee of LN and at such reasonable times and in accordance with such reasonable standards and specifications as may be established by LN under the said March 4, 1968 Lease. Section Fifty-Six: Estoppel Certificates . Lessor and Lessee will execute, acknowledge and deliver, to the other promptly upon request, a Certificate certifying as to the following: (A) Validity Of Lease. That this Amended Lease is unmodified and in full force and effect (or, if there have been modifications, that this Amended Lease is in full force and effect, as modified, and stating the modifications); (B) Payment Of Rent. The dates through which the Rent under this Amended Lease has been paid; (C) Amount Of Rent Due. The amount of the Rent then payable; (D) Security Deposits. The amount and status of the Security Deposit required pursuant to Section Five hereof;

"GA1979.1.1775">

(E) Recognized Subleases. Those subleases, if any, which have been recognized [and the date(s) of said recognition] pursuant to Section Thirty hereof; and (F) Defaults By Lessee. That no notice has been given by Lessor to Lessee of any default under this Amended Lease which has not been cured and to the best of its knowledge and belief no default exists (or, if there has been any notice given or a default exists, decribing the same). Certificates from Lessor and Lessee pertaining to the same matters may be relied upon by any prospective Leasehold Mortgagee or by any prospective assignee of an interest under this Amended Lease or by any prospective sublessee as to all or any portion of the Property. Section Fifty-Seven: Individual Leases. [INTENTIONALLY OMITTED.] Section Fifty-Eight; Addresses For NoticesRequirement That All Notices, Demands And Requests Be In Writing. Until a different address is given to Lessee in writing, all notices required to be given to Lessor hereunder shall be mailed by United States certified or registered mail, return receipt requested, with a copy thereof wired by telegraphic means, to the Executive Director of the State Properties Commission, Post Office Box 38121, Capitol Hill Station, Atlanta, Georgia 30334. All notices required to be given to Lessee hereunder shall, until a different address is given to Lessor in writing, be mailed by United States certified or registered mail, return receipt requested, with a copy thereof wired by telegraphic means, to Lessee at the following address: c/o Selig Enterprises, Inc. 1100 Spring Street Atlanta, Georgia 30309 Notwithstanding anything contained in this Amended Lease to the contrary, any notice required to be given by Lessor or Lessee hereunder shall be deemed to have been given and shall be effective as of the date of the postmark of the United States Postal Service reflected on said notice. All notices, demands or requests made by either party to the other which are required or permitted by the provisions of this Amended Lease shall be in Writing.

"GA1979.1.1776">

Section Fifty-Nine: Submission Of Matters To Lessor For Approval. Any matter which must be submitted to and consented to or approved in writing by Lessor or any matter which must be submitted to Lessor which may become effective if not denied by Lessor, as required under this Amended Lease, shall be submitted to Lessor by hand or mailed by United States certified or registered mail, return receipt requested to the Executive Director, State Properties Commission, Post Office Box 38121, Capitol Hill Station, Atlanta, Georgia 30334 (or any successor commission, agency, department or board having specific statutory authority to administer properties owned by the State of Georgia) and shall either be approved or rejected by the Commission within sixty (60) days after receipt unless a shorter period of time is expressly stated elsewhere in this Amended Lease, provided, however, where any such matter involves consideration by Lessor of requiring any relocation pursuant to Section Fifty-Five (B) hereof of either of the two main line tracks of the Western Atlantic Railroad, no time period expressed in this Amended Lease shall apply as to any such matter. If the Commission should fail so to approve or reject within such sixty (60) day period as provided for herein, Lessor's approval shall be assumed to have been unconditionally granted and Lessee shall have the right to proceed on such matter so submitted. The Commission shall inform Lessee in writing of its rejection or approval of such submitted matter by United States certified or registered mail, return receipt requested, to the address of Lessee designated for the giving of notice to Lessee under Section Fifty-Eight of this Amended Lease. Notwithstanding anything contained in this Section Fifty-Nine to the contrary, in the event that Lessee obtains the approval of the LN to any matter which must be submitted to the LN pursuant to Section Fifty-Five of this Amended Lease, such matter shall be either approved or rejected by the Commission within thirty (30) days after the receipt by the Commission of evidence of the approval of such matter by the LN. Section Sixty: Holding Over By Lessee. Lessee shall not use or remain in possession of the Property after the termination of this Amended Lease. Any holding over, or continued use and/or occupancy by Lessee after the termination of this Amended Lease, without the written consent of Lessor, shall not constitute a tenant-at-will interest in behalf of Lessee, but Lessee shall become a tenant-at-sufferance at the annual rate (payable monthly) of Rent in effect for the immediately preceding year of the term of this Amended Lease. There shall be no renewal whatsoever of this Amended Lease by operation of law.

"GA1979.1.1777">

Section Sixty-One: No Waiver Of Rights By Lessor. No failure of Lessor to exercise any power given Lessor hereunder or to insist upon strict compliance by Lessee with its undertakings, duties and obligations hereunder, and no custom or practice of the parties hereto at variance with the provisions hereof shall constitute a waiver of Lessor's right to demand exact compliance with the provisions contained in this Amended Lease. Section Sixty-Two: Rights Are Cumulative. All rights, powers and privileges conferred herein upon both parties hereto shall be cumulative. Section Sixty-Three: Provisions Are Binding Upon Assigns And Are Covenants Real. It is mutually covenanted, understood and agreed by and between the parties hereto, that each of the provisions of this Amended Lease shall apply to, extend to, be binding upon and inure to the benefit or detriment of not only the parties hereto, but also the legal representatives, successors and assigns of Lessor and Lessee hereto, and shall be deemed and treated as covenants real running with the Property during the term of this Amended Lease. Whenever a reference to the parties hereto is made, such reference shall be deemed to include the legal representatives, successors and assigns of said party, the same as if in each case expressed. This Amended Lease is entered into by Lessee, and Lessee is acting under this Amended Lease and with respect to the Property in all respects, solely as the trustees under the Will of Ben J. Massell, deceased, and not individually or in any other capacity. Simon S. Selig, Jr., Charles R. Massell and B. F. Pattillo, and their respective heirs, legal representatives and assigns, shall not have any personal liability, individually or in any capacity other than as trustees under the Will of Ben J. Massell, deceased, under or in connection with any provisions of this Amended Lease. Section Sixty-Four: Georgia Law Applies. This Amended Lease shall be governed, construed, performed and enforced in accordance with the laws of the State of Georgia. Section Sixty-Five: All Genders And Numbers Included. Whenever the singular or plural number, or masculine, feminine, or neuter gender is used in this Amended Lease, it shall equally apply to, extend to, and include the other.

"GA1979.1.1778">

Section Sixty-Six: Invalidity Of Provision Or Part Thereof. In the event any provision, or any portion of any provision, of this Amended Lease is held invalid, the other provisions of this Amended Lease and the remaining portion of said provision, shall not be affected thereby and shall continue in full force and effect. Section Sixty-Seven: State Properties Commission Acts For Lessor. In the performance of all terms, satisfaction of all conditions, fulfillment of all requirements and discharge of all obligations and duties of Lessor under this Amended Lease, including discretionary determinations to be made pursuant hereto, including, but not limited to, the execution of easements pursuant to Sections Nineteen and Twenty-Four hereof, the execution of Morgagee Leases pursuant to Section Forty-Seven hereof, the execution of any Estoppel Certificates pursuant to Section Fifty-Six hereof, any modification of the Security Deposit pursuant to Sections Five, Six and Seven hereof, any approvals granted or consents required pursuant to Sections Twenty-Two and Thirty-One hereof, any action required in any proceedings contemplated under Sections Ten and Fifty-Three hereof, the approval or rejection and execution of any agreements with respect to any sublease submitted for recognition pursuant to Section Thirty hereof, appointment of an appraiser pursuant to Section Fifty-Four hereof, the execution of such agreements as are contemplated pursuant to Section Fifty-Five hereof, and any approvals pursuant to Section Fifty-Nine hereof, the Commission shall act for and on behalf of Lessor and without any further action or authorization by the Georgia General Assembly being necessary to authorize and empower the Commission to so act. However, Lessor reserves the right through appropriate action by the Georgia General Assembly (legislation) to appoint such other agent as it may designate to perform such terms, satisfy such conditions, fulfill such requirements and discharge such obligations and duties. Section Sixty-Eight: Time Is Of Essence. All time limits stated in this Amended Lease are of the essence of this Amended Lease. Section Sixty-Nine: Section Captions Are To Be Disregarded. The captions of the numbered Sections of this Amended Lease are for purposes of identification and convenience only and are to be completely disregarded in construing this Amended Lease.

"GA1979.1.1779">

Section Seventy: Entire Agreement Contained Herein. The making, execution and delivery of this Amended Lease by Lessee has not been induced by any representations, statements, covenants (including, but not limited to, covenants of quiet enjoyment) or warranties (including, but not limited to, representations, statements or warranties with respect to title to the Property or its condition or its suitability for Lessee's purposes) by Lessor. This Amended Lease constitutes the full, complete and entire agreement between and among the parties hereto; no agent, employee, officer, representative or attorney of the parties hereto has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith modifying, adding to or changing the provisions of this Amended Lease. No amendment of this Amended Lease shall be binding unless such amendment shall be in writing, signed by both parties hereto. Section Seventy-One: Consents. Anything elsewhere in this Amended Lease to the contrary notwithstanding, Lessor and Lessee hereby covenant and agree that from and after the date hereof Lessee shall have no obligation, requirement or duty to seek or obtain the consent or approval of any person or entity to any matter whatsoever except only the Commission (acting for and on behalf of Lessor), any tenant or lessee of Lessor and the lessee of the property known as the Western and Atlantic Railroad. IN WITNESS WHEREOF, George D. Busbee, Governor of the State of Georgia, as Chairman of the State Properties Commission, and Ben W. Fortson, Jr., Secretary of State of the State of Georgia, as Secretary of the State Properties Commission have this.....day of.....1979, signed, sealed and delivered (and affixed the Great Seal of the State of Georgia to) this Amended Lease for and on behalf of the STATE OF GEORGIA, Lessor, in duplicate, and SIMON S. SELIG, JR., CHARLES R. MASSELL AND B. F. PATTILLO, AS TRUSTEES UNDER THE WILL OF BEN J. MASSELL, DECEASED, Lessee, have signed, sealed and delivered this Amended Lease, also in duplicate.

"GA1979.1.1780">

"GA1979.1.1781">

"GA1979.1.1782">

EXHIBIT A All of the air space within the boundaries of the hereinafter described tract of land which is located over and above a surface which is fixed by horizontal lines at right angles to a line which, on February 20, 1979, is 20 feet 3 inches above the top of rail of the south-bound main line of the Western and Atlantic Railroad tracks located on said tract of land; said top of rail being located on February 20, 1979 at those certain elevations above United States Coast and Geodetic Survey 1929 Adjusted Mean Sea Level which said elevations are more particularly shown on the plat of survey hereinafter identified (said horizontal lines being extended to the various points of intersection with the vertical boundaries of said tract of land); said tract of land lying and being in Land Lots 77 and 78 of the 14th District of Fulton County, Georgia, designated as Tract 3 on that certain Blueprint of Survey, captioned Survey for Consolidated Atlanta Properties, Ltd., dated February 20, 1979, prepared by A. W. Browning, Georgia Registered Land Surveyor No. 490, and which tract of land is more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the point at the intersection formed by the northeast line of the right-of-way of Alabama Street (being 59.9 feet in width of said point) and the northwest line of the right-of-way of Broad Street (being 69.6 feet in width at said point) and run thence northeasterly along the northwest line of said right-of-way of Broad Street which forms an angle of 89 48[UNK]30[UNK] with the northeast line of said right-of-way of Alabama Street a distance of 53.0 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Broad Street which forms an angle of 179 51[UNK]00[UNK] with the last preceding course a distance of 60.75 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Broad Street which forms an angle of 180 04[UNK]30[UNK] with the last preceding course a distance of 77.25 feet to a point; run thence northeasterly along the northwest line of said right-of-way of Broad Street which forms an angle of 177 49[UNK]00[UNK] with the last preceding course a distance of 38.2 feet to THE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, running thence northeasterly along the northwest line of said right-of-way of Broad Street, which forms an angle of 182 43[UNK]00[UNK] with the last preceding course a distance of 97.84 feet to a point; running thence northwesterly along a line forming an interior angle of 95 48[UNK]30[UNK] with

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the last preceding course a distance of 92.41 feet to a point; running thence northwesterly along a line forming an interior angle of 179 24[UNK]30[UNK] with the last preceding course a distance of 10.05 feet to a point; running thence northwesterly along a line forming an interior angle of 180 11[UNK]00[UNK] with the last preceding course a distance of 90.70 feet to a point on the southeast line of the right-of-way of Forsyth Street (being 63.1 feet in width at said point); running thence southwesterly along the southeast line of said right-of-way of Forsyth Street which forms an interior angle of 80 04[UNK]30[UNK] with the last preceding course a distance of 116.74 feet to a point; running thence southeasterly along a line which forms an interior angle of 94 36[UNK]30[UNK] with the last preceding course a distance of 183.0 feet to THE POINT OF BEGINNING; the above-described tract of land being the same property demised in that certain Lease of air rights between Western and Atlantic Railroad Commission, lessor, and Peachtree-Whitehall, Inc., lessee, dated December 26, 1950, and recorded in Deed Book 2599, beginning at page 508, in the Office of the Clerk of the Superior Court of Fulton County, Georgia, as said Lease has been subsequently amended from time to time. TOGETHER WITH so much of the above-described land and air space over such land but below the above-referenced surface as is necessary for supports and appurtenances for the structures which are or may be constructed, operated, repaired, maintained, removed and replaced within the air space lying over and above the aforesaid surface, including without limitation, among such supports and appurtenances, pilings, foundations, piers and columns, sewer and drainage conduits, utility facilities and other structures or facilities which must reach the ground level or below, and together with the right of reasonable access in, over, across and through said land and air space over such land but below the aforesaid surface as may be necessary for the construction, operation, repair, maintenance, removal and replacement of said supports and appurtenances or as may be necessary for vehicular and pedestrian access to and from any street, viaduct or right-of-way.

"GA1979.1.1784">

EXHIBIT B PERMITTED TITLE EXCEPTIONS AND ENCUMBRANCES 1. The rights which the Louisville and Nashville Railroad Company (LN) may have under and by virtue of that certain Lease entered into by and between the State of Georgia, acting through the State Properties Control Commission and under and by virtue of the authority granted by Resolution No. 101 passed by the 1968 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 4, 1968 (Ga. Laws 1968, pp. 54-112) (herein referred to as the March 4, 1968 Lease), as lessor, and LN, as lessee, if and to the extent that this Amended Lease may be subject to any such rights of LN even though (i) this Amended Lease (as an amendment and restatement of the 1950 Lease) covers an area where, as of July 1, 1966 there were grants of air rights providing for a lesser clearance than provided in the March 4, 1968 Lease, and (ii) this Amended Lease (as an amendment and restatement of the 1950 Lease) is one of the air rights grants made by the State prior to July 1, 1966, as such terminology is used in the March 4, 1968 Lease. 2. Property Management Agreement by and between Consolidated Atlanta Properties, Ltd. and Downtown Development Corp., dated November 26, 1973, filed for record November 27, 1973, recorded in Deed Book 5946, page 256, in the Office of the Clerk of the Superior Court of Fulton County, Georgia; assigned by Downtown Development Corporation to Metropolitan Commercial Corporation by instrument dated April 23, 1977, filed for record July 8, 1977, and recorded in Deed Book 6717, page 250, aforesaid records; and consented to by Consolidated Atlanta Properties, Ltd. 3. Settlement Agreement between Consolidated Atlanta Properties, Ltd. and Metropolitan Atlanta Rapid Transit Authority dated December 12, 1977, filed for record December 13, 1977, recorded in Deed Book 6851, page 115, aforesaid records.

"GA1979.1.1785">

4. Easements for construction and maintenance of Forsyth Street Viaduct granted by State of Georgia to the City of Atlanta by virtue of two (2) Acts of the General Assembly of the State of Georgia approved September 24, 1891 (Ga. Laws 1891, Vol. 2, pp. 454, 455), and August 19, 1919 (Ga. Laws 1919, pp. 821, 835), respectively. 5. Rights presently existing, if any, of the City of Atlanta and of the public generally in and to the use of Wall Street. 6. Rights, if any, of the State of Georgia, the City of Atlanta, and of the public in and to the use of the Forsyth Street Viaduct as presently constructed. 7. The support rights and easements as to the Property are subject to the following: (a) Any unrecorded easements in favor of the City of Atlanta: Fulton County, Georgia: Georgia Power Company; Southern Bell Telephone Telegraph Company; Atlanta Gas Light Company, and others, which unrecorded easements would have been derived from the use of the surface of the ground, the air space above the surface of the ground, or the area below the surface of the ground by the holder of such easements for a period of time sufficient for such easements to become effective; (b) Rights of any railroad with respect to use of railroad tracks under the Property, including but not limited to, rights under contract dated July 22, 1944, between the Nashville, Chattanooga St. Louis Railway, lessee of Western and Atlantic Railroad, and Central of Georgia Railway Company, M. P. Callaway, Trustee as amended; and (c) Easement for a 48-inch concrete pipe granted by Nashville, Chattanooga St. Louis Railway to City of Atlanta, dated September 17, 1936, recorded in Deed Book 1622, page 278, aforesaid records. 8. Rights of tenants in possession of the Property.

"GA1979.1.1787">

RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1979 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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THOMAS COUNTY HIGHER EDUCATION AUTHORITY. Proposed Amendment to the Constitution. No. 17 (Senate Resolution No. 10). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a public authority for Thomas County in order to provide educational facilities within Thomas County to enable persons attending such facilities to obtain a higher education or other post-secondary education or training beyond the twelfth grade and to provide by law that Thomas County may expend county funds to financially support such public authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section IX 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 public authority for Thomas County in order to provide educational facilities within Thomas County to enable persons attending such facilities to obtain a higher education or other post-secondary education or training beyond the twelfth grade. The General Assembly may provide by law for the membership and powers and duties of such public authority and for any or all other matters necessary or incidental to the creation of such public authority and the carrying out of its corporate purposes. The General Assembly may further provide by law that Thomas County may levy taxes and expend tax monies and expend other county funds for

"GA1979.1.1789">

such educational purposes and financially support any such public authority pursuant to contracts or other agreements with such public authority. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section 1, 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 public authority for Thomas County in order to provide educational facilities within Thomas County to enable persons attending such facilities to obtain a higher education or other post-secondary education or training beyond the twelfth grade and to provide by law that Thomas County may expend county funds to financially support such public 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.

"GA1979.1.1790">

BALDWIN COUNTYBUSINESS LICENSES. Proposed Amendment to the Constitution. No. 18 (Senate Resolution No. 18). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Baldwin County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated area of Baldwin 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 I of the Constitution is hereby amended by adding at the end thereof the following new paragraph: The Board of Commissioners of Baldwin County, Georgia, as the governing authority of said county, is hereby authorized and empowered to levy, assess, and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated areas of said county, except those businesses regulated by the Public Service Commission and those corporations organized under an Act known as the `Electric Membership Corporation Act', approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended, an Act known as the `Georgia Territorial Electric Service Act', approved March 29, 1973 (Ga. Laws 1973, p. 200), as amended, and an Act creating the Municipal Electric Authority of Georgia, approved March 18, 1975 (Ga. Laws 1975, p. 107), as amended, and is further authorized and empowered to classify all such businesses and business enterprises and to assess different fees and taxes against different classes of business being conducted in the unincorporated areas of said county and in order to provide for the public welfare, health, and security of the people of Baldwin County, the governing authority of said county is further authorized and empowered to regulate and exercise police powers over any businesses operated or conducted within the unincorporated areas of

"GA1979.1.1791">

said county, except those businesses regulated by the Public Service Commission and those corporations organized under an Act known as the `Electric Membership Corporation Act', approved March 30, 1937 (Ga. Laws 1937, p. 644), as amended, an Act known as the `Georgia Territorial Electric Service Act', approved March 29, 1973 (Ga. Laws 1973, p. 200), as amended, and an Act creating the Municipal Electric Authority of Georgia, approved March 18, 1975 (Ga. Laws 1975, p. 107), as amended, and to prescribe and enforce such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any such regulations adopted by said governing authority of Baldwin County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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 Board of Commissioners of Baldwin County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated area of Baldwin 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.

"GA1979.1.1792">

CITY OF ROCKMARTHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 19 (Senate Resolution No. 36). A RESOLUTION Proposing an amendment to the Constitution so as to provide that residents of the City of Rockmart 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 Rockmart who is 65 years of age or over is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Rockmart so long as any such resident of the City of Rockmart 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 Rockmart. 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 Rockmart, or with a person designated by the governing authority of the City of Rockmart, giving his age and any additional information as may be required to enable the governing authority of the City of Rockmart, or the person designated by the governing authority of the City of Rockmart, to make a determination as to whether such owner is entitled to such exemption. The governing authority of the City of Rockmart, 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, 1980.

"GA1979.1.1793">

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 Rockmart 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. SPALDING COUNTY SCHOOL DISTRICTAD VALOREM TAXES. Proposed Amendment to the Constitution. No. 20 (Senate Resolution No. 133). A RESOLUTION Proposing an amendment to the Constitution so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Spalding County School District; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1979.1.1794">

Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: The homestead of each resident of the Spalding County School District who is sixty-two years of age or over and who does not have a gross income from all sources, including the gross income of all members of the family residing within said homestead, exceeding $10,000.00 per annum, is hereby exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness, which exemption shall be in the same amount as may now or hereafter be exempted by general law enacted pursuant to the provisions of this Paragraph IV of Section I of Article VII of the Constitution relating to the homestead of county school district residents who are sixty-two years of age or older with income below certain limits. The exemption granted by this Paragraph shall be in the same amount as the exemption granted by said general law and shall be in lieu of, and not in addition to, said exemption granted by general law. The value of the homestead in excess of the above exempted amount shall remain subject to taxation. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Spalding County giving his age, the amount of gross income which he received for the immediately preceding calendar year, the gross 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 commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this Paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders 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,

"GA1979.1.1795">

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, 1980. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. 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 income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Spalding County School District? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1979.1.1796">

DOOLY COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 21 (House Resolution No. 9-35). 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 Dooly 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 Dooly County the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property when the principal sum does not exceed $1,000.00 and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court or an appeal to the superior court under such regulations as may be prescribed by law. 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 Dooly County shall have jurisdiction of $1,000.00?

"GA1979.1.1797">

All persons desiring to 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 COUNTYTAXATION FOR EDUCATIONAL PURPOSES. Proposed Amendment to the Constitution. No. 22 (House Resolution No. 10-35). A RESOLUTION Proposing an amendment to the Constitution so as to create within Fulton County the Fulton County Industrial District and to prohibit the governing authority of Fulton County from levying any tax for educational purposes on taxable property within Fulton County which is located within the boundaries of an independent school system; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraphs: There is hereby created in Fulton County along the East side of the Chattahoochee River in accordance with the description hereafter set forth, a special district to be known as the Fulton County Industrial District. Said District shall consist of the lands and property located within the following boundaries, to wit:

"GA1979.1.1798">

BEGINNING in Land Lot 17 of the 14th District F.F., at the intersection of Sandy Creek Road and the northwesterly right-of-way of Fulton Industrial Boulevard; thence proceeding southwesterly along said right-of-way to the point of intersection with the corporate limit line of the City of Atlanta, Georgia, said corporate limit line being the eastern line of Land Lot 22, 14th District F.F., Fulton County, Georgia; thence southerly along said corporate limit line to the northeast corner of Land Lot 24 of said District; thence westerly along the northern line of Land Lot 24 to the northwest corner of said land lot; thence southwesterly to a point of the west line of Land Lot 51, 1000 feet, more or less north of the southwest corner of said land lot; thence southwesterly to a point at the northeast right-of-way intersection of Selig Drive and Mendel Drive; thence in a southeasterly direction to the west right-of-way of Bakers Ferry Road, at a distance of 1200 feet more or less northeast of Mendel Drive; thence continuing southwesterly along the west right-of-way of Bakers Ferry Road to the western line of Land Lot 58 and then proceeding southerly along the western line of said land lot to the northwestern corner of Land Lot 59; thence, proceeding southerly along the western line of Land Lot 59 to the southwestern corner of Land Lot 59; thence along the southern line of Land Lot 82 to the southwestern corner of said land lot; thence southerly along the western line of Land Lot 81 to the north right-of-way of Cascade Road; thence along the north right-of-way of Cascade Road in a westerly direction to the east right-of-way of Fulton Industrial Boulevard; thence in a southwesterly direction along the eastern right-of-way of Fulton Industrial Boulevard to the intersection of the south right-of-way of Old Riverside Drive; thence proceeding in a southeasterly direction along the southwesterly right-of-way of Riverside Drive 1274.93 feet to a point; thence, southerly to a point on the northern line of Land Lot 131; thence, westerly along the northern line of said land lot to the northwest corner of said land lot; thence, in a southerly direction along the western line of said land lot to the southeast corner of Land Lot 137; thence, westerly along the southern line of Land Lot 137 to the southwest corner of Land Lot 137; thence, southerly along the eastern line of Land Lot 149 to the southeast corner of said land lot; thence, proceeding westerly along the southern line of Land Lot 149 to the intersection of the northern right-of-way of Campbellton Road; thence, along the northern right-of-way of Campbellton Road in a westerly direction to a point of intersection between the Fulton County Line and the northern right-of-way of Campbellton Road, said County line also

"GA1979.1.1799">

lying in the Chattahoochee River and being the western line of Land Lot 58, District 9C, in said County and State; thence north and east with the Fulton County line to the northwest corner of Charlie Brown County Airport at the intersection of Sandy Creek and the Chattahoochee River, said point being in Land Lot 20, 14th District F.F. of said County and State; thence, running along Sandy Creek south and east to a point of intersection with the southern line of Land Lot 20; thence, proceeding along the southern line of Land Lot 20 in an easterly direction to the southeast corner of Land Lot 18, said point being on the District Line between the 14th District F.F. and the 17th District; thence along said District Line northerly to the northwest corner of Land Lot 268; thence, along the north boundary of Land Lot 268 in an easterly direction to the intersection with the south right-of-way of Fulton Industrial Boulevard; thence, in a southeasterly direction 810.55 feet to a fence corner; thence, in a northeasterly direction 294.60 feet to an iron pin; thence, in a southeasterly direction 331.97 feet to an iron pin; thence, in a southwesterly direction 843.48 feet to a point; thence, in a southwesterly direction 1778.38 feet to a concrete monument on the west boundary line of Land Lot 268; said boundary line also being the District Line between the 14th District F.F. and the 17th District; thence, along said District Line in a southerly direction 309.58 feet to an iron pin; thence, in a southwesterly direction 473.74 feet to a fence corner on the southeast right-of-way of Fulton Industrial Boulevard; thence, in a southwesterly direction across Fulton Industrial Boulevard to the said point of BEGINNING. The area described hereinabove shall not hereafter be included within the limits of any municipal corporation as now exists or hereafter incorporated except by constitutional amendment. Except as hereinafter provided, property located within said area shall not be subject to any taxation except such as may be common to all of the territory of Fulton County outside the limits of any municipal corporation. The governing authority of Fulton County shall have the power and authority to levy an assessment for taxes or a service charge to defray the cost of any function performed or service rendered to the area herein described which is not common to all of the unincorporated areas of said county. The properties within said area shall be subject to all taxes for school purposes. The governing authority of Fulton County shall, without limitation, except as contained herein, have control over the area herein described for the same purposes and to the same extent as it shall have control over

"GA1979.1.1800">

all other unincorporated areas in Fulton County. It is not the purpose hereof to limit the control of the governing authority of Fulton County over said area but to preserve to such authority hereafter the power and authority to develop and control said area as an industrial area, it being declared the public policy that such area be developed to supply employment, increase production, and promote the welfare of Fulton County as a whole and of the citizens thereof under the direction of the governing authority of the county. Any other provision of this Constitution to the contrary notwithstanding, the governing authority of Fulton County is hereby prohibited from levying any tax for educational purposes on taxable property within Fulton County which is located within the boundaries of an independent school 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 create within Fulton County the Fulton County Industrial District and to prohibit the governing authority of Fulton County from levying any tax for educational purposes on taxable property within Fulton County which is located within the boundaries of an independent school system? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1979.1.1801">

CRISP COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 23 (House Resolution No. 11-35). 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 Crisp 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 Crisp County the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property when the principal sum does not exceed $ 1,000.00 and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court or an appeal to the superior court under such regulations as may be prescribed by law. 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 Crisp County shall have jurisdiction to $1,000.00?

"GA1979.1.1802">

All persons desiring to 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 COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 24 (House Resolution No. 16-40). A RESOLUTION Proposing an amendment to the Constitution so as to increase the homestead exemptions for tax purposes of certain property owned by residents of Richmond County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: The homestead of each resident of Richmond County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not to exceed $5,000.00 of its value, is hereby exempted from all ad valorem taxation for county and school purposes, except to pay interest on and retire bonded indebtedness. The value of all property in excess of the foregoing exemption shall remain subject to taxation. Said exemption shall be returned and claimed in such manner as prescribed by the General Assembly. The increased exemption provided

"GA1979.1.1803">

for herein shall apply to all taxable years beginning after December 31, 1980. Each resident of Richmond County who is sixty-five years of age or over is hereby granted an exemption from all Richmond County ad valorem taxes in the amount of $10,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. 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 Richmond 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. Once any such owner has filed the proper affidavit 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

"GA1979.1.1804">

necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980. 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 amount of each homestead of each resident of Richmond County, which is exempt from county and school taxes, from $2,000.00 to $5,000.00, and to increase from $4,000.00 to $10,000.00 the amount of the homestead of each resident of Richmond County who is sixty-five years of age or over and whose income does not exceed $6,000.00, which is exempt from ad valorem taxes for county purposes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

"GA1979.1.1805">

BARROW COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 25 (House Resolution No. 21-75). 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 Barrow 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 of 1976 is hereby amended by providing at the end thereof the following paragraph: In Barrow 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 $750.00, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulations as may be prescribed by law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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 Barrow County shall have jurisdiction from $200.00 to $750.00?

"GA1979.1.1806">

All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. DOWNTOWN BAINBRIDGE DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 26 (House Resolution No. 23-83). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Bainbridge 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 Bainbridge the Downtown Bainbridge Development Authority for the purpose of redevelopment of the downtown Bainbridge 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 Bainbridge for the construction, reconstruction, altering, 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 Bainbridge and to levy and collect taxes within

"GA1979.1.1807">

said districts based on values of real property fixed by the Tax Digest of the City of Bainbridge to defray the costs of the foregoing. The Authority shall have the power to issue bonds and revenue certificates, 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 Bainbridge which shall be subject to the provisions of this amendment. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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 Bainbridge 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.

"GA1979.1.1808">

DOUGLAS COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 27 (House Resolution No. 37-121). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Douglas County School District who is 65 years of age or over, regardless of income, shall be exempt from ad valorem taxation for educational purposes levied by or on behalf of the Douglas County School District, including ad valorem taxation to pay interest on or to retire school bond indebtedness, in the amount of 50% of the assessed value of such homestead minus any applicable exemptions otherwise provided by this Constitution on such homestead for educational purposes, and to provide that the homestead of each resident of the Douglas County School District who is 70 years of age or over, regardless of income, shall be completely exempt from all ad valorem taxation for educational purposes levied by or on behalf of the Douglas County School District, including ad valorem taxation to pay interest on or to retire school bond 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 homestead of each resident of the Douglas County School District who is 65 years of age or over, regardless of income, shall be exempt from ad valorem taxation for educational purposes levied by or on behalf of the Douglas County School District, including ad valorem taxation to pay interest on or to retire school bond indebtedness, in the amount of 50% of the assessed value of such homestead minus any applicable exemptions otherwise provided by this Constitution on such homestead for educational purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation for educational purposes. The homestead of each resident of the Douglas County School District who is 70

"GA1979.1.1809">

years of age or older, regardless of income, shall be completely exempt from all ad valorem taxation for educational purposes levied by or on behalf of the Douglas County School District. As used herein, the term `homestead' shall include only the homestead of each resident of the Douglas County School District actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such. 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 Douglas County giving the age of the owner. The owner may be required to furnish such additional proof of age as may be requested by the tax receiver or tax commissioner prior to the receipt of such exemption provided for herein. The tax receiver or tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is fixed 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 fixed 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 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, 1980. 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 homestead of each resident of the Douglas County School District who is 65 years of age or over, regardless of income, shall be exempt from ad valorem taxation for educational purposes levied by or on behalf of the Douglas County School District,

"GA1979.1.1810">

including ad valorem taxation to pay interest on or to retire school bond indebtedness, in the amount of 50% of the assessed value of such homestead minus any applicable exemptions otherwise provided by this Constitution on such homestead for educational purposes, and to provide that the homestead of each resident of the Douglas County School District who is 70 years of age or over, regardless of income, shall be completely exempt from all ad valorem taxation for educational purposes levied by or on behalf of the Douglas County School District, including ad valorem taxation to pay interest on or to retire school bond 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. BIBB COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 28 (House Resolution No. 38-121). 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 Bibb County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

"GA1979.1.1811">

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, the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of Bibb County is hereby granted an exemption from all Bibb County and Bibb 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 Bibb County. For calendar year 1981, 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 1982, 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 1983, 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 1984, 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 $6,000.00; for calendar year 1985 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 $6,000.00. For the purpose of Bibb County and Bibb County School District ad valorem taxes, the homestead exemption granted herein shall be in lieu of the basic homestead exemption provided for the homestead of each resident of Georgia, and the provisions of this 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, the homestead exemption granted herein for residents of Bibb 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.

"GA1979.1.1812">

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 Bibb County homestead exemption from taxes levied for county and school purposes shall be increased by annual steps from fifteen percent of the assessed value of the homestead in 1981, but not less than $3,000.00 and not more than $4,000.00, to twenty-five percent of the assessed value of the homestead in 1985, but not less than $5,000.00 and not more than $6,000.00? 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. CLAYTON COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 29 (House Resolution No. 39-121). A RESOLUTION Proposing an amendment to the Constitution so as to provide that each resident of the Clayton County School District who is 62 years of age or over and who has a gross income from all sources, including the income of members of his family residing with him, not exceeding $10,000.00 per annum shall be granted a homestead exemption of $10,000.00 of the assessed value of such homestead

"GA1979.1.1813">

from all ad valorem taxes levied for educational purposes by or on behalf of the Clayton County School System, including taxes to retire school bond 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: Each resident of the Clayton County 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 $10,000.00 per annum, is hereby granted a homestead exemption of $10,000.00 of the assessed value of such homestead from all ad valorem taxation for educational purposes levied for and in behalf of the Clayton County 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 Commissioner of Clayton County, giving the age of such owner, 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 said Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. Said Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to a homestead by this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possess the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided

"GA1979.1.1814">

for herein shall apply to all taxable years beginning after December 31, 1980. 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 Clayton County School District who is 62 years of age or over and who has a gross income from all sources, including the income of members of his family residing with him, not exceeding $10,000.00 per annum shall be granted a homestead exemption of $10,000.00 of the assessed value of such homestead from all ad valorem taxes levied for educational purposes by or on behalf of the Clayton County School System, including taxes to retire school bond 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.

"GA1979.1.1815">

COLUMBIA COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 30 (House Resolution No. 51-193). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Columbia County 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 $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: The homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Columbia County 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 $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Columbia 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 Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Commissioner

"GA1979.1.1816">

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, 1980. 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 homestead, but not to exceed $10,000.00 of the value thereof, of each resident of the Columbia County School District who is 62 years of age 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 $10,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

"GA1979.1.1817">

If 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 PERRYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 31 (House Resolution No. 118-476). A RESOLUTION Proposing an amendment to the Constitution so as to increase the amount of the homestead exemption from city ad valorem taxes allowed for elderly residents of the City of Perry; to change certain income limitations; to change certain filing procedures; 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 last paragraph thereof, to read as follows: The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $8,000.00 on the homestead owned and occupied by such person as a residence, if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $10,000.00 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

"GA1979.1.1818">

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. Once an owner has filed the proper application and been allowed the exemption provided in this paragraph, it shall not be necessary that he make application or file any affidavit thereafter for any year he remains qualified for the exemption and the exemption shall continue to be allowed to such owner. Section 2. That certain amendment to Article VII, Section I, Paragraph IV of the Constitution of 1945, which reads as follows: The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $4,000.00 on the homestead owned and occupied by such person as a residence, if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph., is hereby repealed in its entirety. 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:

"GA1979.1.1819">

[] YES [] NO Shall the Constitution be amended so as to increase from $4,000 to $8,000 the homestead exemption from city taxes allowed to elderly residents of the City of Perry; to change from $6,000 to $10,000 the income limitation required for the exemption; and to provide that, once granted the exemption, an owner need not reapply every 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. FLOYD COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 32 (House Resolution No. 127-510). A RESOLUTION Proposing an amendment to the Constitution so as to provide that certain homestead exemptions from Floyd County ad valorem taxes for certain persons sixty-five years of age or over may be granted to both spouses although only one meets the age requirement; to provide for submission of this amendment for ratification or rejection; and for other purposes.

"GA1979.1.1820">

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: Each resident of Floyd County who is sixty-five years of age or over is hereby granted an exemption from all Floyd County ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain 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 Floyd 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 of Floyd County 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

"GA1979.1.1821">

be the duty of any such owner, however, to notify the Tax Commissioner of Floyd County in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The exemption granted to the homestead in 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 as a residence by one or more such owners, provided any such owner may only claim the share of such exemption which is proportional to his share in the property, and may only claim such exemption if possessing the qualifications provided in this paragraph, except that when such legal title is vested in one or more title holders who include a person and his spouse, both of whom occupy as a residence the property for which an exemption may be granted in this paragraph, such person and his spouse may claim that share of such exemption which is proportional to their combined share in the property notwithstanding that both possess all the other qualifications provided in this paragraph but that only one is sixty-five years of age or over. The exemption granted to the homestead in this paragraph 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 actually occupies such property as a residence, provided any such heir or cestui que uses may only claim the share of such exemption which is proportional to his share in the property, and may only claim such exemption if possessing the qualifications provided in this paragraph, except that when such heirs or cestui que uses include a person and his spouse, both of whom occupy as a residence the property for which an exemption may be granted in this paragraph, such person and his spouse may claim that share of such exemption which is proportional to their combined share in the property notwithstanding that both possess all the other qualifications provided in this paragraph but that only one is sixty-five years of age or over. In order to be granted any exemption provided in this paragraph, such exemption shall be claimed in the manner herein provided for an owner to claim an exemption. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The provisions of this paragraph shall apply to all taxable years beginning after December 31, 1980. 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.

"GA1979.1.1822">

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 homestead exemptions from Floyd County ad valorem taxes for certain persons sixty-five years of age or over may be granted to both spouses although only one meets the age requirement? All persons desiring to 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. FLOYD COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 33 (House Resolutions No. 128-510). A RESOLUTION Proposing an amendment to the Constitution so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Floyd County School District; to require only one affidavit be filed in certain circumstances; to provide for exemptions when one spouse meets the age requirement and the other does not; to provide for submission of this amendment for ratification or rejection; and for other purposes.

"GA1979.1.1823">

Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: The homestead of each resident of the Floyd County School District who is sixty-two years of age or over and who does not have a gross income from all sources, including the gross income of all members of the family residing within said homestead, exceeding $8,000.00 per annum, is hereby exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness, which exemption shall be in the same amount as may now or hereafter be exempted by general law for the homestead of county school district residents who are sixty-two years of age or older with income below certain limits. The value of the homestead in excess of the above exempted amount shall remain subject to taxation. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Floyd County giving his age, the amount of gross income which he received for the immediately preceding calendar year, the gross 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 commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. 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 of Floyd County in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The exemption granted to the homestead in this paragraph shall extend to and shall apply to those properties, the legal

"GA1979.1.1824">

title to which is vested in one or more title holders, if actually occupied as a residence by one or more such owners, provided any such owner may only claim the share of such exemption which is proportional to his share in the property, and may only claim such exemption if possessing the qualifications provided in this paragraph, except that when such legal title is vested in one or more title holders who include a person and his spouse, both of whom occupy as a residence the property for which an exemption may be granted in this paragraph, such person and his spouse may claim that share of such exemption which is proportional to their combined share in the property notwithstanding that both possess all the other qualifications provided in this paragraph but that only one is sixty-two years of age or over. The exemption granted to the homestead in this paragraph 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 actually occupies such property as a residence, provided any such heir or cestui que uses may only claim the share of such exemption which is proportional to his share in the property, and may only claim such exemption if possessing the qualifications provided in this paragraph, except that when such heirs or cestui que uses include a person and his spouse, both of whom occupy as a residence the property for which an exemption may be granted in this paragraph, such person and his spouse may claim that share of such exemption which is proportional to their combined share in the property notwithstanding that both possess all the other qualifications provided in this paragraph but that only one is sixty-two years of age or over. In order to be granted any exemption provided in this paragraph, such exemption shall be claimed in the manner herein provided for an owner to claim an exemption. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The provisions of this paragraph shall apply to all taxable years beginning after December 31, 1980. 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:

"GA1979.1.1825">

[] YES [] NO Shall the Constitution be amended so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Floyd County School District; to require only one affidavit be filed in certain circumstances; and to provide for exemptions when one spouse meets the age requirement and the other does not? All persons desiring to 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 ROMEHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 34 (House Resolution No. 129-510). A RESOLUTION Proposing an amendment to the Constitution so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the independent school district of the City of Rome; to require only one affidavit be filed in certain circumstances; to provide for exemptions when one spouse meets the age requirement and the other does not; to provide for submission of this amendment for ratification or rejection; and for other purposes.

"GA1979.1.1826">

Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: The homestead of each resident of the independent school district of the City of Rome who is sixty-two years of age or over and who does not have a gross income from all sources, including the gross income from all sources of all members of the family residing within said homestead, exceeding $8,000.00 per annum, is hereby granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such school system, which exemption shall be in the same amount as may now or hereafter be exempted by general law for the homestead of independent school district residents who are sixty-two years of age or older with income below certain limits. The value of the homestead in excess of the above exempted amount shall remain subject to taxation. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of the City of Rome, or with a person designated by the governing authority of the City of Rome, giving his age, the amount of gross income which he received for the immediately preceding calendar year, the gross 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 the City of Rome, or the person designated by the governing authority of the City of Rome, to make a determination as to whether such owner is entitled to said exemption. The governing authority of the City of Rome, or the person designated by the said governing authority, 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,

"GA1979.1.1827">

however, to notify the governing authority of the City of Rome, or the person designated by said governing authority, in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The exemption granted to the homestead in 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 as a residence by one or more such owners, provided any such owner may only claim the share of such exemption which is proportional to his share in the property, and may only claim such exemption if possessing the qualifications provided in this paragraph, except that when such legal title is vested in one or more title holders who include a person and his spouse, both of whom occupy as a residence the property for which an exemption may be granted in this paragraph, such person and his spouse may claim that share of such exemption which is proportional to their combined share in the property notwithstanding that both possess all the other qualifications provided in this paragraph but that only one is sixty-two years of age or over. The exemption granted to the homestead in this paragraph 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 actually occupies such property as a residence, provided any such heir or cestui que uses may only claim the share of such exemption which is proportional to his share in the property, and may only claim such exemption if possessing the qualifications provided in this paragraph, except that when such heirs or cestui que uses include a person and his spouse, both of whom occupy as a residence the property for which an exemption may be granted in this paragraph, such person and his spouse may claim that share of such exemption which is proportional to their combined share in the property notwithstanding that both possess all the other qualifications provided in this paragraph but that only one is sixty-two years of age or over. In order to be granted any exemption provided in this paragraph, such exemption shall be claimed in the manner herein provided for an owner to claim an exemption. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The provisions of this paragraph shall apply to all taxable years beginning after December 31, 1980. 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.

"GA1979.1.1828">

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 income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the independent school district of the City of Rome; to require only one affidavit be filed in certain circumstances; and to provide for exemptions when one spouse meets the age requirement and the other does not? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. FORSYTH COUNTYBUSINESS LICENSES. Proposed Amendment to the Constitution. No. 35 (House Resolution No. 130-510). A RESOLUTION Proposing an amendment to the Constitution so as to authorize and empower the governing authority of Forsyth County to levy, assess, and collect a license fee from any person, firm, or corporation who may maintain a place of business or who may in any manner engage in any type of business in any area of Forsyth County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Forsyth

"GA1979.1.1829">

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 I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of Forsyth County is hereby authorized and empowered to levy, assess, and collect a license fee from any person, firm, or corporation, except those subject to regulation by the State Public Service Commission, who may maintain a place of business or who may in any manner engage in any type of business in any area of Forsyth County outside the incorporated limits of municipalities. To provide for public welfare, health, and security of the people of Forsyth County, the governing authority shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county, except those subject to regulation by the State Public Service Commission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any regulations adopted by the governing authority shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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 Forsyth County to levy, assess, and collect business license fees and to otherwise regulate businesses in the unincorporated areas of the 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.

"GA1979.1.1830">

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. BRYAN COUNTYAD VALOREM TAX FOR INDUSTRIAL DEVELOPMENT. Proposed Amendment to the Constitution. No. 36 (House Resolution No. 148-522). A RESOLUTION Proposing an amendment to the Constitution so as to change the requirement that the governing authority of Bryan County levy and collect an annual ad valorem tax of two mills for developing and promoting industry and pay the funds derived to the Bryan County Industrial Development Authority by authorizing the governing authority of Bryan County to levy and collect an annual ad valorem tax not to exceed two mills 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 VII, Paragraph V of the Constitution is hereby amended by striking from the provisions of Paragraph V, creating the Bryan County Industrial Development Authority, as proposed by an amendment ratified on November 5, 1968, and appearing in Ga. Laws 1968, p. 1680, the following: H. The governing authority of Bryan County is hereby authorized and directed to levy and collect an annual ad valorem tax of two (2) mills for developing and promoting industry and is directed to pay to the Authority all funds derived from such levy to be used for the purposes herein set forth.,

"GA1979.1.1831">

and inserting in lieu thereof: H. The governing authority of Bryan County is hereby authorized and directed to levy and collect an annual ad valorem tax as requested by the Bryan County Industrial Development Authority but not to exceed two (2) mills. The governing authority is hereby directed to pay to the Bryan County Industrial Development Authority all funds derived from such levy to be used for the purposes herein set forth. 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 requirement that the governing authority of Bryan County levy and collect an annual ad valorem tax of two mills for developing and promoting industry and pay the funds derived to the Bryan County Industrial Development Authority by authorizing the governing authority of Bryan County to levy and collect an annual ad valorem tax not to exceed two mills 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.

"GA1979.1.1832">

PIKE COUNTY RETIREMENT HOME AUTHORITY. Proposed Amendment to the Constitution. No. 37 (House Resolution No. 163-650). A RESOLUTION Proposing an amendment to the Constitution so as to create the Pike 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; 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. Pike County Retirement Home Authority. (a) Whereas, if the aging citizens and inhabitants of Pike 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 Pike County and environs a need for an Authority to function for the purpose aforesaid. (b) There is hereby created a body corporate and politic to be known as the `Pike 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

"GA1979.1.1833">

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) 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 Pike 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) The members of the Development Authority of Pike 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) 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 Pike 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 interest therein, easements, furnishings, machinery and equipment. `Retirement home' or `project' shall not include any nursing home or other health care facility.

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(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' shall mean 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) Any three 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 affirmative votes. (g) The Authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this

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amendment, including, but without limiting the generality of the foregoing, the power: (1) To sue and be sued in contract and in tort and to complain and defend in all courts of law and equity. (2) To adopt and alter a corporate seal. (3) 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) To appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation. (5) To make contracts and 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. (6) 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

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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; to administer trusts; and to sell, lease, transfer, convey, appropriate and pledge any and all of its property and assets. (7) 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) 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) 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, 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 right of the owners thereof.

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(10) 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) In addition to the purposes for which revenue bonds are now permitted to be issued by this Constitution, 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) 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 Pike County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. (j) 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 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

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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) (1) 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) No revenue bonds or other obligations issued under provisions of this amendment shall constitute a debt of the State of Georgia or of Pike County. (1) 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 fifty 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. (m) This amendment, being for the welfare of Pike County and its inhabitants, shall be liberally construed to effect the purposes hereof. (n) 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, may enlarge and restrict same and may likewise further regulate the management and conduct of the Authority.

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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 Pike 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. UPSON COUNTYJURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 38 (House Resolution No. 164-650). A RESOLUTION Proposing an amendment to the Constitution so as to increase the jurisdiction of civil cases over which the Justices of the Peace of

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Upson 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 Upson County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed $1,000.00, and shall sit monthly at fixed times and places; but in all cases there may be an appeal to a jury in said court or an appeal to the superior court under such regulations as may be prescribed by law. 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 Upson County shall have jurisdiction? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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DOWNTOWN STATESBORO DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 39 (House Resolution No. 230-819). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Statesboro 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 VII, Paragraph I of the Constitution is amended by adding at the end thereof the following: The General Assembly shall be authorized to create in and for the City of Statesboro the Downtown Statesboro Development Authority for the purpose of redevelopment of the Downtown Statesboro 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 Statesboro for the construction, reconstruction, altering and changing and closing of streets and alleys with approval of Statesboro City Council. The General Assembly shall be authorized to empower the Authority to create a special tax district within and approved by the City of Statesboro and to levy and collect taxes within said district with approval of Statesboro City Council based on values of real property fixed by the Tax Digest of the City of Statesboro to defray the costs of the foregoing. The Authority shall have the power to issue bonds and/or revenue certificates and to pledge revenues and to levy and collect taxes within said district for the retirement of said indebtedness. No taxes shall be levied by the Authority for any purpose used exclusively for residential purposes or property used for school or church purposes. The Authority shall have the right

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and power of eminent domain with approval of Statesboro City Council for the purpose of acquiring property in the carrying out of its aims and objectives. Enabling legislation of the Authority will require Statesboro City Council approval. 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 geographical limits within the City of Statesboro which shall be subject to the provisions of this amendment. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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 Statesboro Development Authority and to provide for the powers, duties and responsibilities of said Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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BANKS COUNTYBUSINESS LICENSES. Proposed Amendment to the Constitution. No. 40 (House Resolution No. 239-848). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Banks County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Banks 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 I of the Constitution is hereby amended by adding at the end thereof the following new paragraph: The Board of Commissioners of Banks County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Banks County, including any incorporated municipalities in said county; and the right and power to classify businesses and business enterprises, and to assess different fees and taxes against different classes of business, excepting from the application of these provisions only those businesses which are subject to regulation by the State Public Service Commission and those corporations organized under Title 34 B. The Board of Commissioners of Banks County shall also have the right and power to license all businesses and business enterprises (which are not subject to regulation by the State Public Service Commission) in any area of Banks County, including any incorporated municipalities in said county, in the interest of the welfare of the citizens of Banks County, and to prescribe rules and regulations concerning the same, and to provide that violation of any license regulation adopted by the Board of Commissioners of Banks County or the failure to pay any license fee or tax prescribed for any business shall constitute a misdemeanor

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punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article 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 Board of Commissioners of Banks County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Banks 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 SMYRNAHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 41 (House Resolution No. 241-859). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the Mayor and Council of the City of Smyrna to exempt from certain

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and valorem taxes an amount not to exceed $4,000 of the value of the homestead of certain residents of the City of Smyrna who are at least sixty-five years of age and who have been residents of the city for a period of not less than three years; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution of the State of Georgia is hereby amended by striking therefrom the following: The Mayor and Council of the City of Smyrna shall be authorized to exempt from taxation by the City of Smyrna, for the year 1972 and subsequent years, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead of each resident of the City of Smyrna actually occupied by the owner as a residence and homestead, and so long as actually occupied by the owner primarily as such, but not to exceed $2,500 of its value, provided said owner is at least sixty-five (65) years of age and has been a resident of the City of Smyrna for a period of not less than three (3) years at the time of application by said owner for such exemption., and inserting in lieu thereof the following: The Mayor and Council of the City of Smyrna shall be authorized to exempt up to the first $4,000 in value from ad valorem property taxation by the City of Smyrna, except for school purposes and to pay interest on and to retire bonded indebtedness, on the homestead of each resident of the City of Smyrna who is sixty-five years of age or older and who has resided within the City of Smyrna for a period of not less than three years at the time of application by said owner for such exemption, so long as the homestead is actually occupied by the owner as a residence and homestead, for the year 1980 and subsequent years. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1976.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: [] YES [] NO Shall the Constitution be amended so as to authorize the Mayor and Council of the City of Smyrna to exempt from certain ad valorem taxes an amount not to exceed $4,000 of the value of the homestead of certain residents of the City of Smyrna who are at least sixty-five years of age and who have been residents of the city for a period of not less than three years? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. BURKE COUNTYAD VALOREM TAXATION FOR EDUCATION. Proposed Amendment to the Constitution. No. 42 (House Resolution No. 256-969). 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 County Commissioners of Burke County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraphs: 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 County Commissioners of Burke County for the calendar year 1981 shall produce total tax revenues for such year not exceeding the total tax revenue received respectively by each such board for the calendar year 1980 plus 4% of such 1980 total tax revenues. Thereafter, beginning with the calendar year 1982, the Board of Education and the Board of County Commissioners of Burke County shall each set their respective ad valorem tax millage rate for each calendar year at a rate which will produce total tax revenues for each such board not exceeding the total tax revenues received by each board during the immediately preceding calendar year plus 4% of such total tax revenues received during the preceding calendar year. This restriction on total revenue increase is designed to hold increases in taxes on county property to not more than 4% annually. This is to apply whether such increases result from an increase in assessed valuation or an increase in millage rates. However, this restriction to 4% shall not include revenues received from new property that may be added to the County Digest, and such additional new property assessments shall not be included in computing total revenues. If the board of education or the board of commissioners desires to set their respective ad valorem millage rate higher than the rates above authorized, the action to set such higher rates shall be taken by a majority vote of the full membership of the board of education and/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 in the foregoing, the board of education and the board of county commissioners shall conduct at least three public hearings within Burke County, one of which shall be held at the County Court House in Waynesboro, one of which shall be held in Midville, Georgia, in the school auditorium, and the other at Sardis, Georgia, in the school auditorium. The board of education and the board of county commissioners shall cause the date, the place, the time, and

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the purpose of each such public hearing to be advertised in a newspaper of general circulation in Burke County for at least two consecutive weeks prior to the conduct of each public hearing. The board of education and the board of commissioners shall also send a press release to other news media serving Burke County at least five but not more than ten days prior to the conduct of each public hearing. Each such news 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 Burke 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 the Board of County Commissioners of Burke County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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GLYNN COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 43 (House Resolution No. 283-997). A RESOLUTION Proposing an amendment to the Constitution so as to provide that for the purposes of all ad valorem taxation for Glynn County and the Glynn County school district the assessed value of the homestead of each resident of such county or school district who is sixty-two years of age or over or who is disabled and who has a gross income not exceeding $12,000.00 per annum shall not be increased; 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 a new paragraph to read as follows: This paragraph shall apply only to each resident of Glynn County or the Glynn County school district owning and occupying a homestead within such county or school district who is at least sixty-two years of age or disabled and who has a gross income from all sources, including the income of all members of the family residing within said homestead, not exceeding $12,000.00 for the immediately preceding calendar year. `Disabled,' as used herein, means either a certification by not more than three physicians licensed to practice medicine in the State of Georgia that the resident is mentally or physically incapacitated to the extent that such resident is unable to be gainfully employed and that such incapacity is likely to be permanent or being disabled to the extent that the resident is entitled to receive disability benefits under the Federal Social Security Act. For the purposes of all ad valorem taxation for Glynn County and the Glynn County school district, the assessed value of a homestead owned and occupied by each such resident of said county or school district shall not be increased so long as such homestead is owned and occupied by such resident. A homestead

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owned and occupied by such a resident on or before January 1, 1981, shall be assessed at the amount at which it was assessed on January 1, 1981, for so long as the requisite ownership and occupancy continue. A homestead first owned and occupied by such a resident after January 1, 1981, shall be assessed at the amount at which it was assessed at the time of such initial ownership and occupancy for so long as the requisite ownership and occupancy continue. A homestead owned and occupied by a resident of Glynn County or the Glynn County school district who thereafter becomes sixty-two years of age or disabled and who meets the income qualification as aforesaid shall be assessed at the amount at which it was assessed at the time such resident first became sixty-two years of age or disabled for so long as the requisite ownership and occupancy continue. The homestead of such a resident who ceases to be disabled more than one year before reaching age sixty-two shall be reassessed at the time he ceased to be disabled, and thereafter such homestead shall be assessed for ad valorem tax purposes in the same manner as other property until such time as such resident reaches age sixty-two, but at such time, the assessed value of such homestead shall not be increased so long as the requisite ownership and occupancy continue. The homestead of such a resident who ceases to be disabled one year or less before reaching age sixty-two or on or after reaching age sixty-two shall not be reassessed by reason of such resident ceasing to be disabled but shall be assessed at the same value at which it was assessed during his disability for so long as the requisite ownership and occupancy continue. Any such resident of Glynn County or the Glynn County school district shall not receive the benefits of this paragraph unless he, or an agent acting in behalf of such resident, files an affidavit with the board of tax assessors of such county giving his age or, if disabled, the proof of such disability as provided herein, and the amount of income which he and other members of his family occupying and residing at such homestead received during the immediately preceding calendar year for income tax purposes and such additional information relative to receiving the benefits of this paragraph as will enable the board of tax assessors to make a determination as to whether such resident is entitled to the benefits of this paragraph. The board of tax assessors shall provide affidavit forms for this purpose. After any such resident has filed the proper affidavit and proof of disability, if disabled, and has been allowed the benefits of this paragraph, it shall not be necessary for such resident to file said affidavit and proof of disability thereafter for any year, and such resident shall continue to

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receive the benefits of this paragraph. It shall be the duty of any such resident who has claimed and been allowed the benefits of this paragraph to notify the board of tax assessors in the event he becomes ineligible for any reason to receive the benefits of this paragraph. The General Assembly is authorized to enact local legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes and to carry out the intent of this paragraph, but the provisions of this paragraph shall be effective without the necessity of such local legislation. 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 for the purposes of all ad valorem taxation for Glynn County and the Glynn County school district the assessed value of the homestead of each resident of such county or school district who is sixty-two years of age or over or who is disabled and who has a gross income not exceeding $12,000.00 per annum shall not be increased? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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CHEROKEE COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 44 (House Resolution No. 284-998). A RESOLUTION Proposing an amendment to the Constitution so as to provide that each resident of the Cherokee County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Cherokee County School District 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: The homestead of each resident of the Cherokee County School District who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $12,000.00 per annum, shall 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 Commissioner of Cherokee 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 commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead

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within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing in such property. Such exemptions shall also extend to those 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, 1980. 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 Cherokee County School District who is sixty-two years of age or over and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $12,000.00 per annum shall be granted an exemption from all Cherokee County School District 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.

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UPSON COUNTYHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 45 (House Resolution No. 298-1009). A RESOLUTION Proposing an amendment to the Constitution so as to change the income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Upson County School District; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: The homestead of each resident of the Upson County School District who is sixty-two years of age or over and who does not have a gross income from all sources, including the gross income of all members of the family residing within said homestead, exceeding $8,000.00 per annum, is hereby exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness, which exemption shall be in the same amount as may now or hereafter be exempted by general law enacted pursuant to the provisions of this Paragraph IV of Section I of Article VII of the Constitution relating to the homestead of county school district residents who are sixty-two years of age or older with income below certain limits. The exemption granted by this Paragraph shall be in the same amount as the exemption granted by said general law and shall be in lieu of, and not in addition to, said exemption granted by general law. The value of the homestead in excess of the above exempted amount shall remain subject to taxation. No such exemption shall be

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granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Upson County giving his age, the amount of gross income which he received for the immediately preceding calendar year, the gross 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 commissioner to make a determination as to whether such owner is entitled to said exemption. The tax commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this Paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more titleholders, if actually occupied by one or more such owners as a residence, and one or more such titleholders 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, 1980. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. 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 income limits for homestead exemptions of persons sixty-two years of age or over from ad valorem taxes levied for school purposes in the Upson County School District?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 25, 1979 George Busbee Governor Honorable Thomas B. Murphy Speaker of the House of Representatives State of Georgia State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 252, 433, 453, 670 and 703 which were passed by the General Assembly of Georgia at the 1979 Regular Session. Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed. Sincerely, /s/ George Busbee George Busbee GB:ctl Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Arthur K. Bolton, Attorney General Honorable Ben W. Fortson, Jr., Secretary of State Veto No. 1H. B. 252 by Representatives Williamson of the 45th, Kemp of the 139th, Burton of the 47th and others Among other things, House Bill 252 would allow a public utility corporation regulated by the Public Service Commission

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to establish and administer a political action committee. This bill would then permit contributions by such political action committee to any political campaign except candidates for Public Service Commission. Well-publicized abuses committed in the past by some utilities and their officials have caused the public to seriously question the wisdom of relaxing this State's policy against allowing utilities to make campaign contributions to State and local candidates. It is my belief that now is not the proper time to depart from the present policy of prohibiting such contributions. For this reason, I have vetoed House Bill 252. Veto No. 2H. B. 433 by Representatives Jessup of the 117th, Buck of the 95th, Edwards of the 110th and Castleberry of the 111th House Bill 433 establishes the criteria for and the procedures under which a person, whose motor vehicle operator's license has been revoked due to the fact that his driving habits and traffic violations record has resulted in his classification as a habitual offender, may be granted a probationary license to operate a motor vehicle under restrictive conditions imposed by the Commissioner of the Department of Public Safety when it is shown to the satisfaction of the Commissioner that a genuine hardship would exist without the ability of the habitual offender to again be permitted to operate a motor vehicle. Those persons who have their driving privileges revoked because they are a habitual offender have a proven record that they constituted a serious safety hazard to the motoring public. These individuals have repeatedly demonstrated their inability to abide by and conform to the traffic laws of this State and the lack of the capacity to operate a motor vehicle in an acceptable and safe fashion. Prior to being declared a habitual offender, these individuals have been repeatedly forewarned of the consequences of continued and repeated violations. Nevertheless their driving record over a five year period has clearly demonstrated that they are a serious threat to public safety while operating a motor vehicle. While I am aware of the hardship which the loss of an individual's driving privileges can reek upon the ability of an individual to earn a livelihood, I deem it unwise to adopt a procedure which will allow a person who has repeatedly demonstrated his lack of capacity to operate a motor vehicle in a safe manner to again be placed in a position of menacing the motoring public. For these reasons, I have vetoed House Bill 433.

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Veto No. 3House Bill 453 by Representatives Galer of the 97th, Hanner of the 130th, Castleberry of the 111th, and others House Bill 453 provides that Georgia would become a party to the Tri-Rivers Waterway Compact along with the States of Alabama and Florida. The Compact would study and make recommendations concerning the use of the Apalachicola, Chattahoochee, Flint Waterway for water consumption, recreation, wildlife management, commercial fish production, navigation, power generation, flood control and any other uses deemed appropriate by the Board of Directors. The Flint River and Chattahoochee River are not in Alabama but are wholly within Georgia. The Governor of Florida has contacted me and states that Florida strongly opposes this bill and if the same is enacted, he feels this will seriously hamper our relationships on these waterways in the future. This proposed legislation provides that the Compact can go into effect without all three states consenting if two of the states ratify the Compact and Congress gives its consent. It then provides for an initial Board of Directors of five from each state and recommends that they be nominated by the Tri-Rivers Waterway Developmental Association and submitted to the Governor for his approval and the governors are then encouraged in each state to select from counties named in the bill. In Georgia, these counties would be Clay, Decatur, Early, Miller, Mitchell, Muscogee, Quitman, Seminole or Stewart. Subsequent board members would have to be selected from counties whose governments pay dues to support the Compact. The legislation further provides that even though each state would have five members, the voting would be based on the amount of the contributions made by the governing authorities of each county. From my discussions on this bill, it appears that one of the primary purposes is to provide a deeper channel for barge traffic on the lower part of the Apalachicola, Chattahoochee and Flint Rivers. I support this concept; however, this bill is much broader and provides that this Commission shall be a state agency representing the entire State of Georgia with limited geographical representation, but representing all the people of this State on water consumption, recreation, wildlife management, commercial fish production, navigation, power generation, flood control and other uses deemed appropriate by the Board of Directors. For this reason, I have not only received strong objections from Florida, but also from many counties in this State that are affected in some manner by these rivers in the

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uses outlined and who have grave concern on creating a state agency with such limited regional representation and with voting based on amounts of contributions of each of the counties. I strongly support having a channel of sufficient depth to support barge traffic on these rivers, but I do not feel that this legislation would assist in this effort. I have conferred with Governor Graham of Florida and Governor James of Alabama and reviewed this matter by phone. We agreed that it would be in the best interests of all three states if we met and attempted to resolve our differences. This we plan to do in the next several weeks. For these reasons, I am vetoing House Bill 453. Veto No. 4H. B. 703 by Representative McDonald of the 12th House Bill 703 would provide the circumstances under which certain itinerant merchants would be required to obtain a business license in each county or municipality in which the merchant sought to do business and name an agent for service. The fee for the business license would be $150.00 in each licensing jurisdiction. Such restrictive provisions are prohibitive to the vast majority of itinerant merchants affected and would result in many of these legitimate business activities being legislated from the market place. The subject of the regulation and licensing of local merchants in order to protect the consuming public is in many instances best addressed by local licensing authorities rather than State action. I believe this to be true with that class of itinerant merchant sought to be regulated by this bill. For these reasons, I have vetoed House Bill 703. Veto No. 5H. B. 670 by Representatives Snow of the 1st and Tuten of the 153rd House Bill 670 changes the maximum number of permissible days for which Judges of the Superior Courts may receive reimbursement for expenses incurred while attending judicial educational seminars or courses. The unintended effect of the bill if allowed to become law would result in some Superior Court Judges being denied expense reimbursement for attending judicial educational courses for a period of time extending up to seven years. Such legislation would not be in the best interests of the public in that it would have a chilling effect upon the quality of judicial competence and expertise. The principal authors of the bill have joined the Council of Superior Court Judges in requesting that I veto House Bill 670. Accordingly, I have done so.

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CONSTITUTION OF THE STATE OF GEORGIA (Revised, January, 1979) RATIFIED, NOVEMBER 2, 1976 PROCLAIMED, DECEMBER 22, 1976 Designated as The Constitution of the State of Georgia of 1976

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CONSTITUTION OF THE STATE OF GEORGIA TABLE OF CONTENTS Page ARTICLE I. Bill of Rights 1866 ARTICLE II. Elective Franchise 1871 ARTICLE III. Legislative Branch 1873 ARTICLE IV. Constitutional Boards and Commissions 1886 ARTICLE V. Executive Branch 1892 ARTICLE VI. Judiciary 1897 ARTICLE VII. Taxation 1909 ARTICLE VIII. Education 1926 ARTICLE IX. Counties and Municipal Corporations 1932 ARTICLE X. Retirement Systems and Educational Scholarships 1947 ARTICLE XI. The Laws of General Operation in Force in this State 1955 ARTICLE XII. Amendments to the Constitution 1956 ARTICLE XIII. Miscellaneous Provisions 1958

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CHRONOLOGICAL LIST OF ORGANIC ACTS AND STATE CONSTITUTIONS OF GEORGIA Charter of the Colony of Georgia, 1732. Grant of George II, King of Great Britain. Constitution of 1777. Constitutional Convention, Oct. 1, 1776-Feb. 5, 1777. Constitution of 1789. Constitutional Convention, Nov. 4-24, 1788; Jan. 4-20, 1789; May 4-6, 1789; May 16, 1795. Constitution of 1798. Constitutional Convention, May 8-(30?), 1798. Constitution of 1861. Constitutional Convention, Jan. 16-March 23, 1861. Constitution of 1865. Constitutional Convention, Oct. 25-Nov. 8, 1865. Constitution of 1868. Constitutional Convention, Dec. 9, 1867-March 11, 1868. Constitution of 1877. Constitutional Convention, July 11, 1877-August 25, 1877. Constitution of 1945. Ratified General Election, August 7, 1945; Governor's Proclamation, August 13, 1945. Constitution of 1976. Ratified General Election, November 2, 1976; Governor's Proclamation, December 22, 1976. [Editorial Note: This compilation of the Georgia Constitution does not include amendments which are not general within the meaning of Paragraph I, Section 1, Article XII.]

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CERTIFICATE GEORGIA, FULTON COUNTY This is to certify that, pursuant to the provisions of Article XIII, Section I, Paragraph III of the proposed new Constitution of the State of Georgia, the undersigned, who constitute the entire membership of the Commission created by said Paragraph, have met, have performed the duties prescribed in said Paragraph, and have incorporated the separate amendments referred to in said Paragraph into the Constitution which is attached. The undersigned further certify that the attached document is being delivered to the Secretary of State and, as provided in said Paragraph, such document, on January 1, 1977, shall be the Constitution of the State of Georgia of 1976. This 22nd day of December, 1976.

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GENERAL CONSTITUTIONAL AMENDMENTS ADOPTED SINCE RATIFICATION OF CONSTITUTION OF 1976 Amendment to Article VII, Section I, Paragraph IV of the Constitution so as to provide that any disabled veteran who is a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia. Amendment to Article VII, Section II, Paragraph III of 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. Amendment to Article I, Section III, Paragraph I of 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. Amendment to Article VII, Section I, Paragraph IV of the Constitution 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. Amendment to Article I, Section II, Paragraph XI of the Constitution 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. Amendment to Article I of the Constitution by adding a new Section to be designated Section IV so as to authorize the General Assembly to provide by general law for the recall of public officials who hold elective office. Amendment to Article XII, Section I, Paragraph IV of the Constitution so as to provide for the effective date of amendments to the Constitution. Amendment to Article VII, Section I, Paragraph IV of the Constitution 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. Amendment to Article III, Section VIII, Paragraph XII of the Constitution 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.

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Amendment to Article XII, Section I, Paragraph I of the Constitution so as to provide for the publication of a summary of each proposed general amendment to the Constitution. Amendment to Article VI, Section V, Paragraph I of 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. Amendment to Article III, Section VIII, Paragraph XII of the Constitution 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. Amendment to Article III, Section VIII, Paragraph XII of 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. Amendment to Article II, Section III, Paragraph III of the Constitution so as to require a notice of candidacy of write-in candidates in special elections. RATIFIED NOVEMBER 7, 1978. 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

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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 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 XII. 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

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offense, save on his, or her own motion for a new trial after conviction, or in case of mistrial. Paragraph XVI. Treason . Treason against the State of Georgia, shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court. Paragraph XVII. Conviction, Effect of . No conviction shall work corruption of blood, or forfeiture of estate. Paragraph XVIII. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed. Paragraph XIX. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof. Paragraph XX. Imprisonment for Debt. There shall be no imprisonment for debt. Paragraph XXI. Costs. No person shall be compelled to pay costs except after conviction on final trial. 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

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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 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 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. [ Editorial Note: Paragraph XI was altered by an amendment ratified on November 7, 1978.]

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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 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. [Editorial Note: Paragraph I was altered by an amendment ratified on November 7, 1978.] 2. Notwithstanding any other provisions of this Constitution, the General Assembly of the State of Georgia may by law require the State and State agencies and institutions, and counties, municipalities, school districts, political subdivisions, public authorities, public agencies, public corporations and public instrumentalities created under this Constitution or the laws of this State: (i) to provide relocation assistance and payments to persons displaced by public projects or programs undertaken or sponsored by the foregoing public entities, including without limitation, all of those relocation assistances and payments as are, by Section 210 of that certain Act of Congress of the United States of America known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646, 91st Congress, approved January 2, 1971), required to be made or furnished to such displaced persons by such public entities in order that federal financial assistance can be made available to such public entities with respect to the public projects or programs causing such displacements, and (ii) to establish and implement acquisition policies and practices and provide for the payment or reimbursement of necessary expenses of persons whose properties are acquired in connection with the acquisition of real property for public projects or programs, such policies, practices, payments and reimbursements to include, without limitation, those real property acquisition policies, practices, payments and reimbursements which Section 305 of said Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 requires that the foregoing public entities establish and implement or pay and reimburse, as the case may be, in acquiring real property for a public project

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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. 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. [ Editorial Note: Section IV, Paragraph I was added by an amendment ratified November 7, 1978.] ARTICLE II. ELECTIVE FRANCHISE SECTION I. QUALIFICATIONS AND DISABILITIES OF ELECTORS Paragraph I. Elections by Ballot; Registration of Voters. Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of law. Paragraph II. Who Shall Be An Elector Entitled to Register and Vote. Every citizen of this State who is a citizen of the United States, eighteen years old or upwards, 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,

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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. 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

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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 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. [ Editorial Note: Paragraph III was altered by an amendment ratified on November 7, 1978.] Paragraph IV. Returns Made to Whom. Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law. Paragraph V. Sale of Liquors on Election Days. The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision 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

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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. 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

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voce from the Representatives and shall act in case of the death, resignation or disability of the Speaker, or in the event of his succession to the executive power. Paragraph III. Officers of the Two Houses . The officers of the two houses, other than the President of the Senate and the Speaker of the House, shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives, and such assistants as each House may provide for. SECTION V. GENERAL ASSEMBLY; ORGANIZATION AND PROCEDURE Paragraph I. Term of Members . The members of the General Assembly shall be elected for two years, and shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of such member's term of office. Paragraph II. Election, When . The first election for members of the General Assembly, under this Constitution shall take place on Tuesday after the first Monday in November, 1978, and subsequent elections biennially, on that day, until the day of election is changed by law. Paragraph III. Meeting; time limit; adjournment . The General Assembly shall meet in regular session on the second Monday in January of each year. By concurrent resolution adopted by a majority of the members elected to both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later 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.

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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. 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 Punish. 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 the 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

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sole power to vote impeachment charges against all persons who shall have been or may be in office. Paragraph II. Impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the Senators shall be on oath, or affirmation, and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, then the Presiding Justice shall preside. Should the Presiding Justice be disqualified, then the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without concurrence of two-thirds of the members present. Paragraph III. Judgments in impeachments. Judgments, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall nevertheless, be liable, and subject, to indictment, trial, judgment, and punishment, according to law. SECTION VII. ENACTMENT OF LAWS Paragraph I. Journals and Acts. Each House shall keep a journal of its proceedings, and publish it immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session. Paragraph II. Where Journals Kept. The original journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof. Paragraph III. Bills to Be Read. Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill, shall consist of the reading of the title only, unless said bill is ordered to be engrossed. Paragraph IV. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof. Paragraph V. Yeas and Nays, When Taken. The yeas and nays on any question shall, at the desire of one-fifth of the members present, be entered on the Journal. Paragraph VI. Yeas and Nays to Be Entered, When. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal. Paragraph VII. Majority of Members to Pass Bill. No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each House of the General Assembly, and it shall, in every instance, so appear on the Journal. Paragraph VIII. Bills For Revenue. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills.

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Paragraph IX. Notice of Intention to Ask Local Legislation Necessary. No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the Sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. Where any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may in said law provide. Paragraph X. Acts Signed; Rejected Bills. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected. Paragraph XI. Signature of Governor. No provision in this Constitution for a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity for the signature of the Governor as in any other case, except in the case of the two-thirds vote required to override the veto, to submit constitutional amendments or a new Constitution, and in case of prolongation of a session of the General Assembly. Paragraph XII. Statutes and Sections of Code, How Amended. No law, or Section of the Code, shall be amended or repealed by mere reference to its title, or to the number of the Section of the Code, but the amending, or repealing act, shall disttinctly describe the law to be amended or repealed, as well as the alteration to be made. SECTION VIII. GENERAL ASSEMBLY; EXERCISE OF POWERS Paragraph I. Powers of the General Assembly. The General Assembly shall have the power to make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State. Paragraph II. Right of Eminent Domain. The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking property and franchises, and subjecting them to public use. Paragraph III. Police Power. The exercise of the police power of the state shall never be abridged, nor so construed as to permit the conduct of business in such manner as to infringe the equal rights of others, or the general well-being of the

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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, 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

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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 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

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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. Nothwithstanding 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, 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. 8. Any provision of this Paragraph to the contrary notwithstanding, the General Assembly is authorized to provide by law for the donation 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. 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 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. [ Editorial Note : Subparagraph 7 of Paragraph XII was altered by an amendment ratified on November 7, 1978.]

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[ Editorial Note : Subparagraph 9 of Paragraph XII relative to compensation for innocent victims of crime was added by an amendment ratified November 7, 1978. An additional subparagraph 9 relative to a health insurance plan for retired public school teachers was also added by an amendment ratified on November 7, 1978.] 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. [ Editorial Note : Subparagraph 9 of Paragraph XII relative to a health insurance plan for retired public school teachers was added by an amendment ratified on November 7, 1978. An additional subparagraph 9 relative to compensation for innocent victims of crime was also added by an amendment ratified November 7, 1978.] SECTION IX. INSURANCE REGULATION Paragraph I. General Assembly to Enact Laws for People's Protection, Etc . The General Assembly shall, from 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

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chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, to the company so depositing. Any such securities as may be needed or desired by the company may be taken from said department at any time by replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company. Paragraph VI. Subsequent Injury Workmen's Compensation Trust Fund . Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the creation of a Subsequent Injury Workmen's Compensation Trust Fund, to be used for the payment of a portion of the expenses of disability resulting to an employee from a combination of previous disability with subsequent injury incurred in employment. The General Assembly may provide that funding for such trust fund may be derived from assessments to be levied upon all insurance companies writing workmen's compensation insurance in this State and all self-insurers, appropriations, gifts and donations, and other sources. The General Assembly may also designate the Trustees of the fund and may provide for the administration of the fund. The General Assembly may authorize collection, deposit, and management of funds, and may provide for the disposition of the funds for purposes stated hereinabove without being placed in the State Treasury. SECTION X. APPROPRIATIONS Paragraph I. Public Money, How Drawn . No money shall be drawn from the Treasury except by appropriation made by law. Paragraph II. Bills Appropriating Money . No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays in each house, are recorded. Paragraph III. Preparation, Submission and Enactments of General Appropriations Bill . (a) The Governor shall submit to the General Assembly within five days after its convening in regular session each year, a budget message and a budget report, accompanied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, and to meet the current expenses of the State for the next fiscal year. (b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies, and meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth of June following. (c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State.

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Paragraph IV. General Appropriations Bill . The General Appropriations Bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject. Paragraph V. General Appropriations Act . (a) Each General Appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of Federal grants. (b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Paragraph VI of this Section of the Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations Act was adopted and approved. (c) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse. (d) All federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant. (e) The State, State institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article IX, Section VI, Paragraph I(a), which such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation or authority and the appropriation or expenditure of any funds for the payment of obligations under any such contract, is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the effective date of the 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 Appropriation 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,

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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 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. 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.

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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. 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

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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 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.

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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 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

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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 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 sore 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.

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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 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

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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: (1) the State of Georgia, acting by and through the Department of Transportation, is authorized to acquire any interests in property for the purpose of removing or requiring the removal of outdoor advertising and for the purpose of screening or removing or requiring the removal or screening of junk yards adjacent to such roads, said acquisition to be in accordance with provisions of law and of this Constitution relating to the acquiring of private property interests for such public road purposes and activities incident thereto; and (2) the General Assembly may zone property adjacent to the public roads of such Federal-Aid Highway Systems for commercial or industrial purposes or in respect to the location of advertising signs, displays or devices or in respect to the establishment, removal or control of junk yards and may provide for rules and regulations governing advertising and junk yards adjacent to such roads. The General Assembly is authorized to provide for landscaping and roadside development within the rights-of-way of the Federal-Aid Highway Systems and for the acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent to such highways, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the rights-of-way of the Federal-Aid Highway Systems. Paragraph III. Intermodal Transportation Funds . The General Assembly is authorized, notwithstanding any other provisions of this Constitution except those provisions relating to taxes on motor fuels, to provide by law for the receipt, administration, and disbursement of funds from the United States of America to plan, develop, promote, supervise, support, own, operate, or provide grants for safe and adequate transportation and services, public and private, including but not limited to air transportation, railroads, buses, terminals, waterways, airports, and port facilities and to exercise the powers of taxation and provide for the expenditure of public funds in connection therewith. Paragraph IV. Construction of Statutes . Wherever the words State Highway Board were used heretofore in any statute, they shall be held and taken to mean the State Transportation Board. Wherever the word Director was used heretofore in connection with the Department of Transportation or State Highway Department in any statute, it shall be held and taken to mean Commissioner of Transportation. Wherever the words State Highway Department or State Highway Department of Georgia were used heretofore in any statute, they shall be held and taken to mean the Department of Transportation.

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ARTICLE V. EXECUTIVE BRANCH SECTION I. ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR Paragraph I. Governor; Term of Office; Compensation and Allowances . The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor serving on the effective date of this Constitution and future Governors shall be eligible to succeed themselves for one four-year term. In the event a Governor succeeds himself he shall not again be eligible to hold the office of Governor. In the event a Governor does not succeed himself he shall not be eligible to hold the office of Governor until after the expiration of four years from the conclusion of his term. The compensation and allowances of the Governor shall be as provided by law. No Governor shall receive any emolument from the United States, or either of them, or from any foreign power. Paragraph II. Election for Governor . The first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1978, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election shall take place quadrennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same. Paragraph III. Transmission, Canvassing and Publishing Election Returns . The returns of each election district in a gubernatorial election shall be sealed up by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State. On the Tuesday next following the general election, unless the date therefor shall be changed by law, the Secretary of State shall transmit said returns to a Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of each standing committee of the General Assembly. Such Board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns. Paragraph IV. Run-off Election . In the event no gubernatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the gubernatorial election by immediately calling a run-off election and designate as candidates therein the two persons who received the highest number of votes, who continue in life and have not declined to continue as a gubernatorial candidate. This run-off election shall be held on the 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

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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 at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. Paragraph IX. Oath of Office . The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America.

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SECTION II. DUTIES AND POWERS OF GOVERNOR Paragraph I. Commander-in-Chief . The Governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof. Paragraph II. Reprieves and Pardons . The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinbefore provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. Paragraph III. Writs of Election; Called Sessions of the General Assembly . The Governor shall issue writs of election to fill all vacancies that may happen in the Senate and the House of Representatives, and shall give the General Assembly, from time to time, information on the state of the State, and recommend for its consideration such measures as he may deem necessary or expedient. The Governor shall have power to convoke the General Assembly on extraordinary occasions, but no law shall be enacted at called sessions of the General Assembly, except such as shall relate to the object stated in his proclamation convening them; providing that such called sessions of the General Assembly shall not exceed 70 days in length, unless at the expiration of said period there shall be pending an impeachment trial of some officer of the State Government in which event the General Assembly will be authorized to remain in session until such trial shall have been completed. 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

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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 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 overriden 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.

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Paragraph VII. Governor to Approve Resolutions, Etc . Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed to confer on the Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend this Constitution or to provide for a new Constitution. Paragraph VIII. Information From Officers and Employees; Suspension of Officers . The Governor may require information in writing from Constitutional officers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment. The General Assembly shall have authority to provide by law for the suspension of any Constitutional officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of the same. SECTION III. OTHER ELECTED EXECUTIVE OFFICERS Paragraph I. Executive Officers, How Elected . The Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, and the Commissioner of Labor shall be elected by the persons qualified to vote for members of the General 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 the 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

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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. 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, Probatc Courts,

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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. 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

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habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified to it by the Court of Appeals for its determination. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried by writ of error to the Supreme Court. Any case carried to the Supreme Court or to the Court of Appeals, which belongs to the class of which the other court has jurisdiction, shall, until otherwise provided by law, be transferred to the other court under such rules as the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof. The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts otherwise than by writ of error, and may prescribe conditions as to the right of a party litigant to have his case reviewed by the Supreme Court or Court of Appeals. The Supreme Court shall also have jurisdiction of and shall decide cases transferred to it by the Court of Appeals because of an equal division between the judges of that Court when sitting as a body for the determination of cases. 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 Hear 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 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

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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 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

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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 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

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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 Court 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 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. 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. 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

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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. [Editorial Note: The second paragraph of Paragraph I was added by an amendment ratified on November 7, 1978.] 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 traffic laws of the State, and in all cases arising under the Compulsory School Attendance Law in all counties of this State in which there is no State court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offenses arising under the traffic laws of the State within their respective jurisdictions. Paragraph III. Term of Office . The Judge of the Probate Court shall hold his office for a term of four years and until his successor is elected and qualified. Paragraph IV. Construction . Wherever the words Ordinary, or Ordinaries or the words Court of Ordinary or Courts of Ordinary appear in any statutes of 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

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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 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 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

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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. Paragraph II. Duties . It shall be the duty of the Attorney General to act as the legal advisor of the Executive Department, to represent the State in the Supreme Court in all capital felonies; and in all civil and criminal cases in any court when required by the Governor and to perform such other services as shall be required of him by law. SECTION XI. DISTRICT ATTORNEYS Paragraph I. Number; term of office; vacancies . There shall be a district attorney for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the circuit wherein the district attorney is to serve, who are qualified to vote for members of the General Assembly, at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. Paragraph II. Duties . It shall be the duty of the district attorney to represent the State in all cases in the superior court of his circuit and in all cases taken up from the superior courts of his circuit to the Supreme Court, and Court of Appeals and to perform such other services as shall be required of him by law. Paragraph III. Construction . Wherever the words solicitor general were used heretofore in any statute, when such words were used to refer to the office of the district attorney provided for in this Section, they shall be held and taken to mean the district attorney.

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SECTION XII. SALARIES OF JUSTICES, JUDGES, AND DISTRICT ATTORNEYS Paragraph I. Compensation and Allowances of Justices, Judges and District Attorneys . The Justices of the Supreme Court, the Judges of the Court of Appeals, the Judges of the Superior Courts, and the District Attorneys shall receive such compensation and allowances as provided by law. The General Assembly may authorize any county to supplement the compensation and allowances of a judge of the Superior Court and District Attorney of the Judicial Circuit in which such county lies out of county funds: Provided, however, where such compensation and allowances are, on the effective date of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly; Provided, further, that the Board of County Commissioners of Richmond County, or the Judge of the Probate Court, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury the compensation and allowances 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.

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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) three members of the State Bar, who shall have practiced law in this State for at least ten years and who shall be elected by the Board of Governors of the State Bar; and (iii) two citizens, neither of whom shall be a member of the State Bar, who shall be appointed by the Governor. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms and until their successors are elected or appointed and have qualified. Thereafter, all members shall serve for terms of four years each and until their successors are elected or appointed and have qualified. Whenever any member ceases to hold the office or to possess the qualifications which entitled him to be appointed a member, his membership shall terminate, and the appointing authority shall select his successor for the unexpired term. No member of the Commission shall receive any compensation for his services but shall be allowed his necessary expenses for travel, board and lodging incurred in the performance of his duties. No member of the Commission except the Judges shall hold any other public office or be eligible for appointment to a State judicial office so long as he is a member of the Commission. No member shall hold office in any political party or organization. No act of the Commission shall be valid unless concurred in by a majority of its members. The Commission shall select one of its members to serve as chairman. (b) Procedure and Grounds. A justice or judge of any court of this State, in accordance with the procedure prescribed in this Paragraph, may be removed or otherwise disciplined for willful misconduct in office, or willful and persistent failure to perform his duties, or habitual intemperance; or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or he may be retired for disability seriously interfering with the performance of his duties, which is, or is likely to become, of a permanent character. The Commission may, after such investigation as it deems necessary, order a hearing to be held before it concerning the removal or retirement of a justice or a judge, or the Commission may in its discretion request the Supreme Court to appoint a special master to hear and take evidence in the matter and to report thereon to the Commission. If, after hearing, or after considering the record and report of the master, the Commission finds good cause therefor, it shall recommend to the Supreme Court the removal, other discipline, or retirement, as the case may be, of the justice or judge. The Supreme Court shall review the record of the proceedings on the law and facts, and in its discretion may permit the introduction of additional evidence and shall order removal, other discipline, or retirement, as it finds just and proper, or wholly reject the recommendation. Upon an order for retirement, the justice or judge shall thereby be retired with the same rights and privileges as if he retired pursuant to statute. Upon an order for removal, the justice or judge shall thereby be removed from office, and his compensation and allowances shall cease from the date of the order.

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The Supreme Court shall prescribe rules governing privilege, confidentiality, and practice and procedure in all proceedings brought hereunder. A justice or judge who is a member of the Commission or Supreme Court shall not participate in any proceedings involving his own removal, other discipline or retirement. SECTION XIV. VENUE Paragraph I. Divorce Case . Divorce cases shall be brought in the county where the defendant resides, if a resident of this State: if the defendant be not a resident of this State, then in the county in which the plaintiff resides, provided, that any person who has been a resident of any United States Army Post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or military reservation. Paragraph II. Land Titles . Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the Superior Court of either county shall have jurisdiction. Paragraph III. Equity Cases . Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed. Paragraph IV. Suits Against Joint Obligors, Co-partners, Etc. Suits against joint obligors, joint promissors, co-partners, or joint trespassers, residing in different counties, may be tried in either county. Paragraph V. Suits Against Maker, Endorser, Etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides. Paragraph VI. All Other Cases . All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county. Paragraph VII. Power to Change Venue . The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been, or shall be, provided by law. SECTION XV. JURY TRIAL Paragraph I. Right of Trial By Jury . The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial, or traverse jury, except in the superior court. Paragraph II. Selection of Jurors . The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve as

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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 right inalienable, indestructible is the life of the State, and rightfully belongs to the people in all republican governments, and neither the General Assembly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, to affect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly. The power to tax corporations and corporate property, shall not be surrendered or suspended by any contract, or grant to which the State shall be a party. Paragraph II. Taxing Power Limited . The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth () mill on each dollar of the value of the property taxable in the State, provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares

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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. 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,

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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 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 $25,000.00 on his homestead, which

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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 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. [ Editorial Note: The sixth unnumbered paragraph of Paragraph IV was altered by an amendment ratified on November 7, 1978. An additional amendment to this paragraph has been placed in the thirteenth unnumbered paragraph as the language to be deleted corresponds to the language in the thirteenth paragraph rather than the sixth.] Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain 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

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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. 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.

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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. Any disabled veteran who is a citizen and resident of Georgia is hereby granted an exemption from all ad valorem taxes for State, county, municipal and school purposes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia. The term `disabled veteran', as used herein, means any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Veterans Administration of the United States as being 100 percent totally and permanently disabled and entitled to receive service-connected benefits and any veteran who is receiving or who is entitled to receive a statutory award from the Veterans Administration for: (1) Loss or permanent loss of use of one or both feet: (2) Loss or permanent loss of use of one or both hands: (3) Loss of sight in one or both eyes: (4) Permanent impairment of vision of both eyes of the following status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye. [ Editorial Note: Even though the Act provided that this provision would amend the sixth unnumbered paragraph, it is clear from the language to be deleted that it was intended to amend the thirteenth unnumbered paragraph. Ratified November 7, 1978.] 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 his 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

"GA1979.1.1915">

residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972. The homestead of each resident of each county school district who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $6,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Receiver or Tax Commissioner of his county giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the Tax Receiver or Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Receiver or Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing 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.

"GA1979.1.1916">

(2) Inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is produced or manufactured. (3) Inventory of finished goods which, on the first day of January, are stored in a warehouse, dock or wharf, whether public or private, and which are destined for shipment to a final destination outside the State of Georgia and inventory of finished goods which are shipped into the State of Georgia from outside this State and stored for transshipment to a final destination outside this State. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is stored in this State. All property that is claimed to be exempt under the provisions of this subsection shall be designated as being in transit upon the official books and records of the warehouse, dock, or wharf, whether public or private, where such property is being stored. Such official books and records shall contain a full, true, and accurate inventory of all such property, 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 unserved 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 unservered 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

"GA1979.1.1917">

of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided herein. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the State Revenue Commissioner; provided, that such increase shall be in increments of 20%, 40%, 60%, or 80% of the value of such intangible 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. 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. [ Editorial Note: This paragraph immediately preceding the last paragraph of Paragraph IV was added by an amendment ratified November 7, 1978.] 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.

"GA1979.1.1918">

6. To construct and maintain State buildings and a system of State highways, airports, and docks. 7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits; provided that no person shall be entitled to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder: Provided no indebtedness against the State shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder for such purposes. 8. In order to extend to the employees of the State, any department of the State, any State institution or political subdivisions of the State, and to the dependents and survivors of such employees, the basic protection accorded others by the old age and survivors insurance program embodied under the Social Security Act. (Act of Congress approved August 14, 1935, 49 Stat. 620, officially cited as the Social Security Act, as such Act has been and may from time to time be amended), and the Federal Insurance Contributions Act (as set forth in sub-chapter A of Chapter 9 of the Federal Internal Revenue Code, as such Code has been and may from time to time be amended), the General Assembly is authorized to enact such legislation as may be necessary to insure the coverage to employees of the State, any department of the State, any State institution or political subdivisions of the State, and the dependents and survivors of such employees under said Social Security Act as the same has been or may be amended and the Federal Insurance Contributions Act as the same has been or may be amended; and any provisions of this Constitution notwithstanding the State for and on behalf of itself, its departments, institutions or political subdivisions is hereby authorized to enter into agreements with the Federal Security Administrator or other appropriate official of the United States Government under the provisions of said Social Security Act as the same has been or may hereafter be amended in the manner as provided therein and as provided by the General Assembly. The Teacher Retirement System of Georgia and the Employees Retirement System of Georgia shall have the powers and duties as provided by law on November 4, 1952, together with such further powers and duties as may be now or hereafter provided by law. 9. To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia. 10. For public health purposes. 11. Public transportation of passengers for hire is an essential governmental function and a public purpose for which the power of taxation by the State may be exercised and its public funds expended, provided, however, that the State of Georgia shall not provide more than 10 per cent of the total cost, either directly or indirectly. The General Assembly is authorized to provide for the implementation of this provision including the granting of public funds to any public corporation or Authority established by the General Assembly for the performance of the aforesaid function and purpose, or contracting, through appropriate departments or instrumentalities of State government, with any such public corporation or Authority established by the General Assembly for performance of the aforesaid function and purpose.

"GA1979.1.1919">

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. 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. [Editorial Note: The last paragraph in Paragraph III was added by an amendment ratified November 7, 1978.]

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Paragraph IV. Grants to Municipalities . Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the granting of State funds to the municipalities of Georgia, in such manner and form and under such procedure as the General Assembly may prescribe. The General Assembly is also authorized but not directed, to provide the purpose or purposes for which such funds may be expended by the municipalities. The General Assembly is hereby authorized to exercise the power of taxation over the entire State in order to carry out the provisions of this Paragraph. Paragraph V. Industrial Development Commission . The General Assembly shall have the power to create an Industrial Development Commission to make loans, to be secured by second mortgages, to such industrial development agencies as the Industrial Development Commission may select: Provided, that said agencies shall have raised sufficient capital and secured commitments for additional financing, which, in addition to the loan to be extended by said Commission, will adequately insure the completion of said project. The powers of taxation may be exercised through the General Assembly in order to implement and carry out the purposes for which said Commission is to be created. 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 repeal 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 make or purchase, or lend or

"GA1979.1.1921">

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 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

"GA1979.1.1922">

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 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

"GA1979.1.1923">

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 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

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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 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

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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 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

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and Atlantic Railroad shall be applied to the payment of the bonds for which said railroad has been mortgaged, in preference to all other bonds. Paragraph X. State Sinking Fund . The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses, such amounts as are necessary to pay the interest on the public debt and the principal of the public debt maturing in such year and to provide a sinking fund to pay off and retire the bonds of the State which have not been matured. The amount of such annual levy shall be determined after consideration of the amount then held in the sinking fund. The taxes levied for such purposes and the said sinking fund, shall be applied to no other purpose whatever. The funds in the said sinking fund may be invested in the bonds of the State, and also in bonds and securities issued by the Federal Government, and subsidiaries of the Federal Government, fully guaranteed by that government. If the said bonds are not available for purchase, the funds in the sinking fund may be loaned, with the approval of the Governor, when amply secured by bonds of the State or Federal Government, upon such conditions as may be provided by law. 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

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membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may now or hereafter be provided by law. SECTION III. STATE SCHOOL SUPERINTENDENT Paragraph I. State School Superintendent; Election, Term, Etc. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which he shall have been appointed. SECTION IV. BOARD OF REGENTS Paragraph I. University System of Georgia; Board of Regents . There shall be a Board of Regents of the University System of Georgia, and the government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in said Board of Regents of the University System of Georgia. Said Board of Regents of the University System of Georgia shall consist of one member from each Congressional District in the State, and five additional members from the State-at-large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of the said Board. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board of Regents shall hold office until their successors are appointed. The said Board of Regents of the University System of Georgia shall have the powers and duties as provided by law existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may now or hereafter be provided by law. Paragraph II. Program for Elderly Citizens . The Board of Regents is hereby authorized and directed to establish, by not later than the beginning of the fall quarter of 1977, a program whereby citizens of this State who are 62 years of age or older may attend units of the University System of Georgia without payment of fees, except for supplies and laboratory or shop fees, when space is

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available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veterinary, or law schools. Persons who attend units of the University System of Georgia under the program established pursuant to this Paragraph shall not be counted as students by the Board of Regents for budgetary purposes. The Board of Regents shall adopt and promulgate rules and regulations, not inconsistent with this Paragraph, to implement and carry out the provisions of this Paragraph. SECTION 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. (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

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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 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

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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, 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

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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. 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

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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. 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 Site 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,

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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, 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 the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the Judge of the Probate Court or Judges of the Probate Courts of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum (20%) of the duly qualified voters voting therein, it shall thereupon be the duty of the Judges of the Probate Courts of all such counties affected by such petitions, to certify the fact of such petitions to the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, to be held not later than sixty (60) days, and not sooner than thirty (30) days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election shall be called by the Governor within any twelve-month period. The Judges of the Probate Courts of each county shall conduct the election, canvass the returns, and certify the results

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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 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

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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 shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the Judge of the Probate Court of the county for the purpose of examination and inspection by the public. The Judge of the Probate Court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the county and it shall be the duty of the Judge of the Probate Court to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Judge of the Probate Court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of Paragraph III of this Section. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. In the event that the Judge of the Probate Court determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid: Provided, however, that in any proceeding in which the validity of the petition is at 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

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governing authority. 2. Action affecting the composition, form, procedure for election or appointment, compensation and expenses and allowances in the nature of compensation, of the county governing authority. 3. Action defining any criminal offense or providing for criminal punishment. 4. Action adopting any form of taxation beyond that authorized by law or by this Constitution. 5. Action extending the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution. 6. Action affecting the exercise of the power of eminent domain. 7. Action affecting any court or the personnel thereof. 8. Action affecting any public school system. (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

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to municipalities. SECTION IV. GENERAL PROVISIONS APPLICABLE TO LOCAL GOVERNMENTS Paragraph I. Consolidation of Governments; Submission to Voters . The General Assembly may provide by general law optional systems of consolidated county and municipal government, providing for the organization and the powers and duties of its officers. Such optional systems shall become effective when submitted to the qualified voters of such county and approved by a majority of those voting. Paragraph II. Supplementary Powers . In addition to and supplementary of any powers now conferred upon and possessed by any county, municipality, or any combination thereof, any county, any municipality and any combination of any such political subdivisions may exercise the following powers and provide the following services: (1) Police and fire protection. (2) Garbage and solid waste collection and disposal. (3) Public health facilities and services; including hospitals, ambulance, emergency rescue services, and animal control. (4) Street and road construction and maintenance; including curbs, sidewalks, street lights and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof. (5) Parks, recreational areas, programs and facilities. (6) Storm water and sewage collection and disposal systems. (7) Development, storage, treatment and purification and distribution of water. (8) Public housing. (9) Urban redevelopment programs. (10) Public transportation system. (11) Libraries. (12) Terminal and dock facilities and parking facilities. (13) Building, housing, plumbing, and electrical codes. (14) Air Pollution Control. (15) Planning and zoning, which is the power to provide within their respective jurisdictions for the zoning or districting of such political subdivisions for various uses and other or different uses prohibited in such zones or districts;

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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 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.

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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. 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.

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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. 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

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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. (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

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property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a result of a governmental undertaking or not, and to pay premiums therefor. The governing authority is hereby authorized to levy a tax for such purpose. In the event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity as a defense and may make only such defense as could be made if the insured were a private person. The county shall be liable only for damages suffered while said insurance is in force. No attempt shall be made in the trial of any action brought against the county to suggest the existence of any insurance which covers in whole or in part, any judgment or award which may be rendered in favor of the plaintiff. If the verdict rendered by the jury exceeds the limitation of the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy. SECTION VII. LIMITATION ON COUNTY AND MUNICIPAL DEBTS Paragraph I. Debts of Counties and Cities. The debt hereafter incurred by any county, municipal corporation or political subdivision of this State except as in this Constitution provided for, shall never exceed ten per 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

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five (5%) per cent per annum on unpaid principal; and a tax shall be levied on the taxable property of the county as may be needed to repay such debt so created; provided, however, that no county shall be empowered to create debt under the provisions of this paragraph for the purposes of a property valuation and equalization program until such program and all contracts to be entered into pursuant thereto shall have been approved by the State Revenue Commissioner, and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried out in accordance with such Rules and Regulations pertaining to such programs as may be promulgated by the Commissioner. All existing local constitutional amendments adopted prior to November 5, 1974, relating to maximum bond debt limitation shall continue to be of full force and effect and shall not be affected by this Paragraph. Paragraph II. Levy of Taxes to Pay Bonds. Any county, municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution, shall at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt, within thirty years from the date of the incurring of said indebtedness. Paragraph III. Additional Debt Authorized, When. In addition to the debt authorized in Paragraph I of this Section, to be created by any county, municipal corporation or political subdivision of this State, a debt may be incurred by any county, municipal corporation or political subdivision of this State, in excess of seven per centum of the assessed value of all the taxable property therein, 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

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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 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 in 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

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generating and distribution systems, together with all necessary appurtenances thereof. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivisions, and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof. Provided that after a favorable election has been held as set forth above, if municipalities, counties or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county in which the municipality or political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities. The General Assembly is authorized to create an instrumentality and department of the State of Georgia to be known as the Brunswick Ports Authority, and to provide for its powers and functions. Act number 314 of the Acts of the General Assembly of 1945 (Ga. L. 1945, p. 1023) as amended by House Bill number 1053 of the General Assembly of 1958 (Ga. L. 1958, p. 82) is hereby ratified and confirmed, so that the said Acts shall have the same force and effect as if they had been enacted subsequent to the amendment adopted November 8, 1960, to Article VII, Section VII, Paragraph V of the Constitution of 1945; provided, however, that nothing herein shall prevent the General Assembly from amending said Acts, so as to add and enlarge powers of the Authority. Paragraph II. Revenue Obligations Authorized . The development of trade, commerce, industry and employment opportunities is hereby declared to be a public purpose vital to the welfare of the people of this State. The General Assembly may create Development Authorities to promote and further such purposes or may authorize the creation of such an Authority by any county or municipal corporation or combinations thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation Development Authority obligations, properties, activities or income and may authorize the issuance of Revenue Obligations by such Authorities which shall not constitute an indebtedness of the State within the meaning of Section VII of this Article. The General Assembly may provide for the validation of any Revenue

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Obligations authorized,and that such validation shall thereafter be incontestable and conclusive. Paragraph III. Refunding Bonds . The General Assembly is hereby authorized to create a commission and to vest such commission with the power to secure all necessary information and to approve or disapprove the issuance of bonds for the purpose of refunding any bonded indebtedness of any county, municipality or political subdivision of this State issued prior to the adoption of the Constitution of 1945, including the authority to approve or disapprove the amount and terms of such refunding bonds, together with such other powers as to the General Assembly may seem proper, but not in conflict with the provisions of the Constitution. Such refunding bonds shall be authorized only where such county, municipality or political subdivision has not the funds available to meet the payment of outstanding bonded indebtedness through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds. The General Assembly may approve the issuance of the said refunding bonds under the conditions stated. Such refunding bonds shall not, together with all other outstanding bonded indebtedness, exceed the limits fixed by this Constitution for the maximum amount of bonded indebtedness which may be issued by such county, municipality, or political subdivision and shall be otherwise governed by all of the terms and provisions of this Constitution. No bonds shall be issued under this paragraph to refund any bonds issued after the adoption of the Constitution of 1945. Paragraph IV. Refunding Bonds to Reduce Bonded Indebtedness . The General Assembly is further authorized to give to the said Commission the power and authority to approve or disapprove the issuance of bonds to refund any outstanding bonded indebtedness of any county, municipality or political subdivision now or hereafter issued, for the purpose of reducing the amount payable, principal or interest, on such bonded indebtedness, and upon the condition that, the issuance of such refunding bonds will reduce the amounts payable upon such outstanding bonds, principal or interest. Such refunding bonds shall replace such outstanding bonded indebtedness. The said Commission shall have the authority to approve or disapprove the terms of any such proposed refunding bonds. The General Assembly may authorize the issuance of such refunding bonds issued for the said purpose, when approved by the said Commission and authorized by the governing authority of such county, municipality or subdivision, without an election by the qualified voters as otherwise required, but in all other respects such refunding bonds shall comply with the provisions of this Constitution. Paragraph V. Sinking Funds for Bonds . All amounts collected from any source for the purpose of paying the principal and interest of any bonded indebtedness of any county, municipality or subdivision and to provide for the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the year of such collection, shall be placed in a sinking fund to be held and used to pay off the principal and interest of such bonded indebtedness thereafter maturing. The funds in such sinking fund shall be kept separate and apart from 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

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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 person 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 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

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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 provisions of this Constitution, the General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State for educational purposes, in discharge of all obligation of the State to provide adequate education for its citizens. Paragraph III. State Medical Education Board . There is hereby created a board to be known as the State Medical Education Board to consist of five members, one of whom shall be the President of the Medical Association of Georgia, one of whom shall be the immediate past President of the Medical Association of Georgia, and three members to be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the board in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter the Governor shall appoint three members for a term

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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 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.

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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 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

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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. 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

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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 therof must agree to actively engage in the practice of his profession in a hospital operated by the State of Georgia, under the supervision of the State of Georgia, or at some place approved by the authority granting the scholarship, on the basis of one year of service for each year of training received. The remedies for the enforcing of service required shall be the same as provided for medical grants and scholarships and such other remedies as may be provided by law. Paragraph VII. Board of Regents Scholarships. The Board of Regents of the University System of Georgia shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary to obtain an education, such scholarships as are necessary for them to complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading to the degree of Doctor of Medicine. The terms and conditions thereof shall be prescribed and regulated by the Board of Regents but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, reside in the State of Georgia and engage in activities for which they were prepared through the scholarships for a period of one year for each $1,000 received. The General Assembly shall appropriate such funds to the Board of Regents of the University System of Georgia as it sees fit in order to carry out the purposes of this provision. It shall be the duty of the Board of Regents to receive and pass upon, allow or disallow, all applications for scholarships; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to 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.

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It shall be the duty of the State Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teachers, to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose. Paragraph IX. State Participation in Federal Education Programs . The General Assembly is hereby authorized to appropriate funds to any State department or other State agency for the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and all such State departments and other State agencies shall be authorized to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available. Paragraph X. Scholarships Financed from State Agency Funds. State departments and agencies of the State government of Georgia shall have the authority to disburse State funds to match federal funds in order to provide qualified employees with educational scholarships and for use in other federal education programs but shall include the condition that personnel to whom the scholarships are extended must, as a prerequisite thereto agree to work for the department or agency granting the scholarships for at least one year for each year spent in study or refund the money received for such scholarships pro rata. The terms and conditions thereof shall be prescribed and regulated by the various departments and agencies granting the scholarships. Provided further that no additional appropriation shall be made by the General Assembly to finance such scholarships, but the same shall be financed from the regular appropriations to the various State departments and State agencies. It shall be the duty of the various State departments and State agencies to receive and pass upon, allow or disallow all applications for scholarships in accordance with rules and regulations prescribed by them; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and to control all funds used for this purpose. Paragraph XI. Scholarships to Children of Law Enforcement Officers, Firemen, Etc . The General Assembly is hereby authorized to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the 12th grade, or to enable such children to attend a vocational-technical school. The General Assembly shall be further authorized to provide by law for the terms and conditions for granting such scholarships or other assistance and shall provide that the program established in 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

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Vocational Rehabilitation Act, 29 United States Code, Chapter 4, or any amendment thereto, said Board shall be authorized to receive and administer such funds in accordance with the terms of the grant, and where the grant so provides, may disburse said funds to non-profit corporations or associations which are engaged solely in the vocational rehabilitation of disabled persons provided, however, that nothing in this Paragraph shall be construed to authorize the expenditure of any State funds until the same shall have been appropriated by the General Assembly. Paragraph XIII. Tuition Grants to Children of Certain Prisoners of War . The General Assembly is hereby authorized to provide by law for tuition grants to qualified students, who are children of certain United States servicemen as hereinafter provided, to enable them to complete programs of study offered in the educational institutions of this State. The tuition grants shall apply to children of servicement 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

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of such interest which will be paid by the State. State funds may be expended for such purposes and the General Assembly is hereby authorized to appropriate money therefor. The General Assembly is also authorized to provide that contributions for the purposes provided herein shall be deductible for State income tax purposes. The General Assembly is also authorized to provide for such tax exemptions as shall be deemed advisable in connection with such program. The General Assembly is hereby authorized to provide for all other matters relative to the purposes provided for herein. (b) The General Assembly is hereby authorized to provide by law for the issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the 12th grade. The amount of such revenue bonds that may be outstanding at any one time, the interest rates, terms and conditions associated with the issuance of such bonds and all other matters relating to the issuance of such bonds shall be as the General Assembly shall provide by law. Such bonds shall be retired by the proceeds derived from the repayment of such student loans plus the interest, which may be such rate or rates as the General Assembly shall determine, on such loans in such manner and under such terms and conditions as the General Assembly shall 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, subject to

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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 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 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

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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. [Editorial Note: The second paragraph of Paragraph 1 was altered by an amendment ratified on November 7, 1978.] Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State at the next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution or shall become the new Constitution, as the case may be. A proposed amendment which is not general shall be submitted at the next general election which is held in the even-numbered years, but shall only be submitted to the people of the political subdivision or subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the resolution, shall state the language to be used in submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is submitted at the same 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 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 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. [Editorial Note: Paragraph IV was altered by an amendment ratified on November 7, 1978.]

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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 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

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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.

"GA1979.1.1960">

Table of Amendments Year Proposed General Proposed Local Special Ratified General Ratified Local Special Rejected General Rejected Local Special 1978 36 87 15 66 21 21 Total 36 87 15 66 21 21 Total number of amendments ratified through 1978 - 81

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COUNTIES AND SUPERIOR COURT CIRCUITS

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SUPREME COURT OF GEORGIA As of June 1, 1979 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 JANE BARWICK Law Assistant ANNE S. EMANUEL Law Assistant BEN G. ESTES Law Assistant ELEANOR D. HENDERSON Law Assistant CHARLES N. HOOPER Law Assistant DOUGLAS B. KIDD Law Assistant ROSEMARY KITTRELL Law Assistant CLARENCE LORENTZSON Law Assistant JOYCE McKEE Law Assistant LEE PERRY Law Assistant VELMA C. TILLEY Law Assistant CHARLES E. WEBB Law Assistant WARREN A. WEBB Law Assistant SIMON J. WEINSTEIN Law Assistant MRS. SHERIE WELCH Law Assistant 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, 1979 BRASWELL D. DEEN, JR. Chief Judge J. KELLEY QUILLIAN Presiding Judge WILLIAM LEROY McMURRAY, JR. Presiding Judge GEORGE T. SMITH Judge ARNOLD SHULMAN Judge HAROLD R. BANKE Judge A. W. BIRDSONG, JR. Judge NORMAN L. UNDERWOOD Judge GEORGE H. CARLEY Judge STEPHEN H. BLOCK Law Assistant ROBERT H. BRINSON, JR. Law Assistant WILLIAM K. CARMICHAEL Law Assistant T. MIL CLYBURN Law Assistant MARGARET W. DEIMLING Law Assistant KENNETH A. HOWARD Law Assistant GARY A. HUGHES Law Assistant PATRICK F. McMAHON Law Assistant JAMES MORAWETZ Law Assistant KATHY L. PORTNOY Law Assistant THOMAS E. MURDOCK Law Assistant RICHARD L. RICE Law Assistant ALFREDDA SCOBEY Law Assistant RICHARD W. SNYDER 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

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JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of June 1, 1979 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 805, Monroe. GREELEY ELLIS, Judge, Covington. J. W. (JIM) MORGAN, D.A., Covington. NewtonSecond third Mondays in January, April, July October. WaltonThird Monday in February, May, August, November. ATLANTA CIRCUIT. HONS. SAM P. McKENZIE, Chief Judge, FRANK M. ELDRIDGE, LUTHER ALVERSON, CHARLES A. WOFFORD, RALPH H. HICKS, 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. JAMES 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. WILLIAM M. FLEMING, JR., EDWIN D. FULCHER, FRANKLIN H. PIERCE, EUGENE M. KERR, Judges, Augusta. RICHARD E. ALLEN, D.A., Augusta.

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BurkeSecond Monday in May November. ColumbiaFourth Monday in March September. RichmondThird Monday in January, March, May, July, September November. BLUE RIDGE CIRCUIT. HONS. 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. GlynnSecond Monday in January, May September. Jeff DavisFirst second Mondays in March; 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, 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.

"GA1979.1.1966">

CHEROKEE CIRCUIT. HONS. JERE F. WHITE, Judge, Cartersville. ROBERT THOMAS POPE, 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, WATSON WHITE, 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.

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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. WILLIAM MALCOLM TOWSON, Judge, Dublin. BEVERLY B. HAYES, JR., D.A., Dublin. JohnsonThird Monday in March, June, September December. LaurensFourth Monday in January, April, July October. TreutlenThird Monday in February August. TwiggsSecond Monday in January, April, July October. EASTERN CIRCUIT. HONS. GEORGE E. OLIVER, Chief Judge, FRANK S. CHEATHAM, JR., Judge, Savannah. ANDREW JOE RYAN, III 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 Mondays in April November. SpaldingFirst Mondays in February, June October.

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UpsonThird Mondays in March August; first Monday in November. GWINNETT CIRCUIT. HONS. CHAS. C. PITTARD, Chief Judge, Duluth; REID MERRITT, HOMER M. STARK, Judges, 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. JOSEPH E. LOGGINS, Judge, Summerville. 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.

"GA1979.1.1969">

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. TownsFirst Monday in April and November. UnionFourth Monday in February; second Monday in September. 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; WILLIAM F. GRANT, Judge, Elberton. 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, May, 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.

"GA1979.1.1970">

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; second Monday in July and November. DodgeThird Monday in February, May, August and November. MontgomeryFirst Monday in February, May, August and November. PulaskiSecond and third Mondays in March and September; second Monday in June and December. TelfairFourth Monday in February and June; third and fourth Mondays in October. WheelerSecond Monday in February and October; third Monday in June. OGEECHEE CIRCUIT. HON. WILLIAM COLBERT HAWKINS, Judge, Box 439, Sylvania. FAYE SANDERS MARTIN, Judge, Statesboro. 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. A'DELBERT BOWEN, Judge, Cuthbert. 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.

"GA1979.1.1971">

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. BEN L. BATEMAN, D.A., Box 304, Camilla. 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. GEORGE A. HORKAN, JR., Chief Judge, Moultrie; ROY M. LILLY, Judge, Thomasville. 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;

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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. W. A. (BILL) FOSTER, D.A., Dallas. DouglasSecond Monday in February and December; third Monday in May and September. HaralsonSecond Monday in April; fourth Monday in August and November. PauldingSecond Monday in June and October. PolkFourth Monday in January; first Monday in May and November. 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.

"GA1979.1.1973">

WAYCROSS CIRCUIT. HON. BEN A. HODGES, Chief Judge, P.O. Box 894, Waycross. ELIE L. HOLTON, Judge, P.O. Box 604, 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, P.O. Box 167, 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.

"GA1979.1.1974">

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Baldwin County; business licenses 1790 Banks County; business licenses 1843 Barrow County; justices of the peace 1805 Bibb County; homestead exemptions 1810 Bryan County; industrial development ad valorem tax 1830 Burke County; educational ad valorem taxation 1846 Cherokee County; homestead exemptions 1852 Clayton County; homestead exemptions 1812 Columbia County; homestead exemptions 1815 Crisp County; justices of the peace 1801 Dooly County; justices of the peace 1796 Douglas County; homestead exemptions 1808 Downtown Bainbridge Development Authority 1806 Downtown Statesboro Development Authority 1841 Floyd County; homestead exemptions 1819 , 1822 Forsyth County; business licenses 1828 Fulton County; education taxes 1797 Glynn County; homestead exemptions 1849 Perry, City of; homestead exemptions 1817 Pike County Retirement Home Authority 1832 Richmond County; homestead exemptions 1802 Rockmart, City of; homestead exemptions 1792 Rome, City of; homestead exemptions 1825 Smyrna, City of; homestead exemptions 1844 Spalding County School District 1793 Thomas County Higher Education Authority 1788 Upson County; homestead exemptions 1854 Upson County; justices of the peace 1839 CODE SECTIONS 7-302, amended 393 9-105, amended 502 18-206, amended 945 18-209, repealed 945 18-210, repealed 945 18-212, repealed 945 18-219, repealed 945 18-9902, repealed 945 18-9905, repealed 945 18-9906, repealed 945 18-9909, repealed 945 20-1204, amended 1051 21-105, amended 529 22-1009, enacted 435 Title 24, amended 1400

"GA1979.1.1975">

24-1803, repealed 875 24-2707, amended 537 24-2727A, amended 507 24-2727B, enacted 507 24-2823, amended 988 24-2919, amended 639 24A-301, amended 1179 , 1404 24A-1403, amended 774 Chapter 26-14, amended 935 26-1503, amended 764 26-1508, enacted 618 26-2023, enacted 131 26-2306; amended 536 26-2408, amended 1068 26-2907, amended 1019 26-3004, amended 824 Chapter 27-1, amended 1173 27-2529, amended 848 Chapter 30-1, amended 466 32-909, amended 657 32-911, amended 1284 Title 34, amended 955 , 962 34-623, amended 1080 34-1010(b), amended 617 34-1017, amended 963 Chapter 34-10A, amended 1316 34-1102, amended 624 34-1208, amended 624 34-1402, amended 633 34-1406.1, amended 677 34-1407, amended 629 34-1507, amended 629 34-1513, amended 904 Title 34A, amended 960 , 964 , 968 34A-915, amended 967 34A-1004, amended 970 34A-1204, amended 1010 34A-1304, amended 631 38-1603, amended 1261 Title 41A, amended 950 , 951 41A-1309, amended 953 Chapter 41A-31, amended 417 Title 45, amended 420 , 678 , 893 , 1094 , 1320 Chapter 45-1, amended 1283 45-105.1, enacted 849 Chapter 45-3, amended 924 , 1177 , 1255 45-503, amended 591 , 828 45-513, amended 394 49-228, repealed 943 49-229, repealed 943 49-230, repealed 943

"GA1979.1.1976">

49-604, amended 1012 Title 53, amended 872 53-106, repealed 948 53-212, repealed 948 Chapter 53-3, repealed 948 Chapter 53-5, amended 466 53-9902, repealed 948 53-9903, repealed 948 53-9904, repealed 948 53-9905, repealed 948 53-9906, repealed 948 53-9907, repealed 948 53-9908, repealed 948 Title 56, amended 786 , 1148 , 1407 56-405, amended 804 56-8a, amended 882 56-1303, amended 850 56-2444, enacted 1289 57-101, amended 355 57-101.1, amended 357 57-118, amended 355 58-802, amended 922 59-106, amended 3 59-120, amended 601 59-202, amended 676 59-704.1, enacted 1048 59-806, amended 1047 Chapter 66-2, repealed 943 66-9902, repealed 943 66-9903, repealed 943 66-9904, repealed 943 66-9905, repealed 943 67-2003, amended 902 68-214, amended 615 68-502, amended 651 68A-903.1, enacted 768 Title 68B, amended 1049 68B-215, amended 142 68C-301, amended 826 69-202, amended 521 69-1507a, amended 1006 72-301, amended 1025 72-313, amended 1025 Chapter 73-2, amended 981 Chapter 74-1, amended 466 Chapter 74-4, amended 1182 79-103, repealed 948 Title 79A, amended 859 79A-811, amended 1258 79A-828, amended 879 84-304, amended 610

"GA1979.1.1977">

84-311, amended 635 Chapter 84-3A, amended 1268 84-602, amended 612 Chapter 84-7, amended 853 Chapter 84-9, amended 382 84-927.1, amended 1023 84-1002, amended 380 Chapter 84-14, amended 1203 84-4005, amended 378 Chapter 84-66, amended 1625 Chapter 85-25, amended 734 87-201, amended 1053 Title 88, amended 1042 , 1234 , 1240 88-108, amended 823 Chapter 88-4, amended 744 Chapter 88-5, amended 723 Chapter 88-10, amended 1272 Chapter 88-13, amended 1059 Chapter 88-31, amended 1017 Chapter 88-33, amended 1109 Chapter 91-1A, amended 816 , 1028 91-802A, amended 1295 Title 91A, amended 5 , 538 91A-245, amended 1078 91A-1111, amended 830 Chapter 91A-13, amended 1250 91A-1437, amended 514 91A-1449, amended 519 91A-3902, amended 926 91A-3904, amended 1178 91A-4503, amended 1278 Chapter 91A-46, amended 446 Chapter 91A-50, amended 1274 91A-5302, amended 1038 Chapter 92-14, amended 1274 Chapter 92-31, amended 888 92-3108, amended 901 92-6912, amended 519 Chapter 93-3, amended 1312 Chapter 93-5, amended 1084 Title 95A, amended 439 , 973 Chapter 95A-9, amended 1086 95A-903, amended 132 95A-923.1, enacted 803 95A-936.1, enacted 132 95A-962, amended 814 Chapter 95A-12, amended 1091 Chapter 100-1, amended 399 Chapter 105-12, amended 466 Chapter 105-13, amended 466 109A-2-316, amended 756

"GA1979.1.1978">

109A-9-313, amended 626 112-120, amended 655 Title 113, amended 1325 113-824, amended 1292 114-710, amended 619 Chapter 114-9, amended 891 SUPREME COURT Appellate and other posttrial procedure 619 Places of hearing oral arguments 1107 COURT OF APPEALS Appellate and other posttrial procedure 619 SUPERIOR COURTS See also General Index under name of county Atlantic Circuit; compensation of district attorney, etc. 584 Cobb Circuit; district attorney's employees 541 Compensation and duties of assistant district attorneys 639 Compensation of court bailiff 601 Coweta Circuit; compensation of official court reporter 530 Eastern Circuit; additional judge 876 Judges and District Attorneys; salaries in certain counties (145,000-165,000) 4195 Lookout Mountain Circuit; salary of court reporter 523 Mountain Circuit; terms of court, etc. 578 Ocmulgee Circuit; additional judge 769 Ocmulgee Circuit; terms in Jasper County 503 Sheriff's fees 988 Tallapoosa Circuit; terms 518 CIVIL COURTS See also General Index under name of county Bibb County; jurisdiction 3062 JUVENILE COURTS See also General Index under name of county Jurisdiction over juveniles 1179 , 1404 PROBATE COURTS See also General Index under name of county Clerks' bonds 875 Compensation of judges in certain counties (15,300-15,800) 4456 Judges' qualifications in certain counties (100,000 or more) 954 Judges' Retirement Act amended 596 Judges' salaries in certain counties (145,000-165,000) 4195

"GA1979.1.1979">

STATE COURTS See also General Index under name of County Burke County; compensation of judge and solicitor 3672 Candler County; compensation of judge and solicitor 3927 Chatham County; practice and procedure 4502 Clayton County; judges' salaries, procedure, etc. 3838 Cobb County; clerk's compensation 4200 Cobb County; judges' compensation 4141 Cobb County; jurisdiction, procedure, etc. 3481 Cobb County; magistrates' salaries 4506 Cobb County; marshal's costs 3218 Cobb County; solicitor's compensation 4197 Colquitt County; judge and solicitor 3191 Decatur County; compensation of judge and solicitor, etc. 3848 DeKalb County; jury trials 3060 Early County; judge's salary 3611 Fulton County; compensation of assistant solicitors-general 3822 Glynn County; salaries 4541 Grady County; compensation of judge and solicitor 3238 Gwinnett County; vacancies, etc. 3010 Habersham County; compensation of judge and solicitor 3025 Habersham County; compensation of solicitor's secretary 3029 Jefferson County; compensation of judge and solicitor 3640 Judges' and solicitors' salaries in certain counties (145,000-165,000) 4195 Laurens County; practice of law by judge 3065 Liberty County; salaries of judge and solicitor 3280 Long County; compensation, selection, etc., of judge and solicitor 4379 Lowndes County; compensation of judge and solicitor 4097 Spalding County; compensation of judge and solicitor 4301 Sumter County; terms of court, solicitor, etc. 3173 Tattnall County; judge's compensation, etc. 4026 Toombs County; compensation of judge and solicitor 3974 Treutlen County; salaries of judge and solicitor 3142 Troup County; salaries of judge and solicitor 4109 Walker County; compensation of judge and solicitor, etc. 3959 COUNTIES AND COUNTY MATTERS See General Index under name of County COUNTY MATTERS BY POPULATION 6,530-6,600; sale of alcoholic beverages on Sundays 510 8,100-8,230; limitation on placement of trash receptacles, etc. 3983 8,335-8,725; compensation of board of commissioners 3456 9,000-9,200; tax commissioners' secretaries 3457 10,600-10,900; coroners' salaries 529 15,300-15,800; compensation of clerks of superior court and probate judges 4456

"GA1979.1.1980">

22,312-22,825; boards of elections 4165 31,000-31,500; compensation of members of water authorities 4050 60,000-65,000; interment of paupers, etc. 3554 63,000-72,000; tax returns, etc. 538 100,000 or more; probate judges' qualifications 954 145,000-165,000; compensation of certain officials 4195 145,000-165,000; sale of alcoholic beverages 351 145,000-165,000; sale of malt beverages by coliseum authorities 349 165,000-175,000; coroners' compensation 3742 170,000-195,000; terms of boards of elections 3604 175,000-195,000; sale of alcoholic beverages, etc. 929 180,000-190,000; compensation of named officials 3085 180,000-190,000; judges of recorder's court 4185 180,000-190,000; vacancies in office of probate judge 537 250,000-500,000; elections 1053 400,000 or more; cruelty to domestic animals, etc. 516 400,000-550,000; review of tax assessments 519 600,000 or more; court costs 507 600,000 or more; members of civil service boards 4346 600,000 or more; office hours of election superintendents 765 600,000 or more; program for legal services for the poor 3131 COUNTY MATTERSHOME RULE ACTIONS Columbia County; board of commissioners 4708 Hall County; civil service system 4709 Rockdale County; county attorney 4712 MUNICIPAL CORPORATIONSNAMED CITIES See General Index under name of City MUNICIPALITIESBY POPULATION 3,760-3,850; sales by employees to municipalities 536 10,800-11,200; members of housing authorities 513 120,000-150,000; contracts by municipal governmental authorities 521 More than 300,000; botanical gardens 4196 300,000 or more; opening and closing of polls 1010 More than 300,000; pension systems for members of paid fire departments amended 3618 , 3620 , 3630 , 3633 More than 300,000; pension system for members of police departments amended 3616 , 3623 , 3629 , 3635 More than 300,000; pension systems for officers and employees amended 3613 , 3625 , 3627 , 3632 , 3637 More than 300,000; transfer of credit from teachers' retirement systems 3606 400,000 or more; residential finance authorities 4662 MUNICIPALITIESHOME RULE AMENDMENTS Americus, City of; compensation of mayor and city council 4716 Atlanta, City of; chief of police 4728

"GA1979.1.1981">

Atlanta, City of; compensation of president of council 4734 Atlanta, City of; council employees 4752 Atlanta, City of; departments 4739 Atlanta, City of; group insurance board of trustees 4722 Atlanta, City of; mayor's salary 4718 Brunswick, City of; exchange of land authorized 4756 Centerville, City of; mayor's salary 4760 College Park, City of; employee pension fund 4761 Covington, City of; ad valorem taxation 4765 Decatur, City of; charter amendments 4768 Decatur, City of; employees' retirement 4790 East Point, City of; employees 4803 East Point, City of; recorder's court 4814 Fitzgerald, City of; city administrator 4839 Fitzgerald, City of; compensation of board of education 4850 Fitzgerald, City of; compensation of officials 4844 Fitzgerald, City of; elections 4825 Greensboro, City of; salaries 4854 Griffin, City of; appointive officers and employees 4866 Griffin, City of; commissioners, election and qualification 4862 Griffin, City of; director of public safety 4858 Griffin, City of; salaries 4855 Lyons, City of; charter amended 4871 Marietta, City of; travel expenses 4875 Pearson, City of; salaries 4880 Rome, City of; employees' retirement 4882 Savannah, City of; employees' retirement 4892 Thomaston, City of; charter amended 4898 Warner Robins, City of; new charter 4911 RESOLUTIONS AUTHORIZING COMPENSATION Bolden, Betty Jean 4697 Bridges, Emma Lois 4686 Gallant, William J. 4689 Hamrick, Mrs. Margaret B. 4695 Johnson, Mrs. Penney D. 4685 Kelley, Mrs. Susie B. 4698 Milkey, Herbert C., Sr. 4683 Myrick, James R. 4691 Northrop, Bruce D. 4690 Payne, James S., Jr. 4688 Peterson, William T. 4684 Power, Mrs. Mattie Lee 4694 Robbins, Mrs. Anna L. 4693 Tribble, Ronald L. 4687 Vickers, Jimmy 4696 White, Julius 4692 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Atlanta Gas Light Company, land conveyance 556

"GA1979.1.1982">

Augusta, City of, land conveyance 1388 , 1390 Bibb County, land conveyance 573 Calhoun, City of, land conveyance 1363 Consolidated Atlanta Properties, Ltd. (CAPCO), lease amendment 1339 Cook County, land conveyance 569 Dalton, City of, land conveyance 1372 Fulton County, easement 1374 Gainesville, City of, land conveyance 138 Georgia Power Company, land conveyance 1423 Helen, City of, land conveyance 561 Kidd, J. L., land conveyance 567 Macon, City of, land conveyance 1386 Midway Museums, Inc., land conveyance 1397 Milledgeville-Baldwin County Recreation Commission, lease agreement 575 Mullins Homes, Inc., land conveyance 1367 Oglethorpe Electric Membership Corporation, easement 546 Savannah, City of, land conveyance 565 Spirit Creek Cattle Farm, Inc., lease of land 1382 Thurmond, Charles J., land conveyance 563 Tucker, W. R., land conveyance 571 United States of America, land conveyance 1377 Wallis, H. W., land conveyance 563 Warm Springs Foundation, sale or lease of land 1393 Whitfield County, land conveyance 559 Whitfied County, lease of land 1373 MISCELLANEOUS RESOLUTIONS Azalea designated as State Wild Flower 1387 Employee Travel Reimbursement Policies 1365 Exhibit Honoring Button Gwinnett 500 Fiscal standards for local governments 1366 Georgia Tax Reform Commission amended 129 Joint Emergency Medical Services Joint Study Committee created 1381 McMillan, George H., Bridge designated 1371 Medical Association of Atlantacommended 498 Services for the aged study committee created 1369 State song designated 1425

"GA1979.1.1983">

GENERAL INDEX A ACCORD AND SATISFACTION Defined 1051 ADEQUATE PROGRAM FOR EDUCATION ACT See also Education Allotments of personnel 649 Local units of administraion 1279 Special Education instructional units 665 ADMINISTRATIVE PROCEDURE ACT Amended 1014 ADMINISTRATIVE SERVICES, DEPARTMENT OF Contracts 352 Powers, duties, etc. 659 State Deposits 399 ADOPTIONS Code provisions amended 1182 AGRICULTURE Eradication and control of disease in livestock 1035 Georgia Swine Mycobacteriosis Indemnification Act 1032 Licensing and bonding of certified public weighers 654 Penalties for weights and measures violations 655 Slaughter of horses regulated 846 ALAPAHA, CITY OF Charter amended 3824 ALBANY, CITY OF Chehaw Park Authority 4515 ALBANY-DOUGHERTY COUNTY PAYROLL DEVELOPMENT AUTHORITY ACT Amended, project defined 3639 ALBANY STADIUM AUTHORITY Name changed, etc. 4545

"GA1979.1.1984">

ALCOHOLICS Hospitalization 744 ALCOHOLISM ADVISORY COUNCIL Effective date of Act 933 ALCOVY SHORES WATER AND SEWERAGE AUTHORITY ACT Enacted 3177 ALPHARETTA, CITY OF Mayor's compensation 3119 AMBULANCE SERVICES Service by cardiac technicians, etc. 1017 AMERICUS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments APPELLATE PROCEDURE Posttrial procedure 619 APPLIED PSYCHOLOGISTS Licensing Act amended 843 APPROPRIATIONS General Appropriations Act 1427 Supplemental Appropriations Act 144 , 778 ARBITRATION CODE FOR CONSTRUCTION CONTRACTS Amended 393 ARCHITECTS, STATE BOARD Members 610 EXAMINERS Per diem 635 ARSON Crime defined, etc. 935 Privacy Act amended 824

"GA1979.1.1985">

ARTS COUNCIL Reestablishment 388 ATKINSON COUNTY Tax commissioner placed on salary basis 3683 ATLANTA, CITY OF See also Tabular Index MunicipalitiesHome Rule Amendments Compensation of members of board of education 3557 Corporate limits 3749 Elected officers of board of education 3560 Group Insurance Board Authority Act 4037 Municipal Court vacancies 3602 ATLANTA GAS LIGHT COMPANY Land conveyance authorized 556 ATLANTA, MEDICAL ASSOCIATION OF Commended 498 ATHENS, CITY OF New charter 3770 AUCTIONEERS' COMMISSION Jurisdiction, etc. 1268 AUGUSTA, CITY OF Elections 4060 Land conveyance authorized 1388 , 1390 AUSTELL, TOWN OF Corporate limits 4495 AZALEA Designated as State Wild Flower 1387 B BACON COUNTY Compensation of clerk of superior court 4284 Compensation of judge of probate court 4278 Compensation of sheriff, etc. 4287 Compensation of tax commissioner 4281

"GA1979.1.1986">

BAIL Deposit of motor vehicle operator's licenses 759 BAILIFFS Compensation 601 BAINBRIDGE, CITY OF Downtown Bainbridge Development Authority 3709 Downtown Bainbridge Development Authority, proposed amendment to the Constitution 1806 BALDWIN COUNTY Additional superior court judge 769 Business licenses, proposed amendment to the Constitution 1790 Salary of clerk of superior court 3250 Salary of judge of probate court 3253 Sheriff's salary 3255 Tax commissioner's salary 3259 BANKS AND BANKING Transactions involving corporate stock and securities 953 BANKS COUNTY Business licenses, proposed amendment to the Constitution 1843 BAR EXAMINATIONS Fee to take Bar examination 502 BARROW COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 1805 Pay periods for county employees 4317 BEN HILL COUNTY Costs, etc., in small claims court 4591 Deputy sheriffs, etc. 4589 BIBB COUNTY Ad valorem property tax administration 3752 Commissioner districts 3737 Homestead exemptions, proposed amendment to the Constitution 1810

"GA1979.1.1987">

Land conveyance authorized 573 Macon-Bibb County Water Sewerage Authority Act amended 3816 BIBB COUNTY, CIVIL COURT OF Jurisdiction 3062 BINGO Nonprofit bingo games 1075 Regulation and licensing of nonprofit bingo games 1265 BLECKLEY COUNTY Commissioner's expense allowance 4658 BOARD OF NATURAL RESOURCES See also Game and Fish Hunting seasons, etc. 394 BOATS Inspection by game and fish authorities 1283 BOLDEN, BETTY JEAN Compensation 4697 BOTANICAL GARDENS Authorized in certain municipalities (more than 300,000) 4196 BREMEN, CITY OF Corporate limits 4350 BRIDGES, EMMA LOIS Compensation 4686 BROOKS COUNTY Fire protection districts 4087 BRUNSWICK, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Brunswick-Glynn County Charter Commission 3378

"GA1979.1.1988">

Liens 4481 Police court 4483 BRYAN COUNTY Ad valorem tax for industrial development, proposed amendment to the Constitution 1830 Compensation of district attorney, etc. 584 Compensation of sheriff, deputies, etc. 3755 BUCHANAN, CITY OF Corporate limits 4347 BUREAU OF INVESTIGATION, GEORGIA Director's compensation 392 BURKE COUNTY Ad valorem taxation for education, proposed amendment to the Constitution 1846 Compensation of clerk of superior court 3675 Compensation of judge of probate court 3679 Jurisdiction of small claims court 4305 Sheriff's compensation 3677 Tax Commissioner's compensation 3670 BURKE COUNTY, STATE COURT OF Compensation of judge and solicitor 3672 BUTTS COUNTY Clerk of superior court placed on salary basis 4162 Coroner's compensation 4169 Tax Commissioner placed on salary basis 4159 BUYING SERVICES ACT OF 1975 Amended 643 BYRON DEVELOPMENT AUTHORITY ACT Enacted 4175 C CAFES Assistance to persons choking 1272 CALHOUN, CITY OF Land conveyance authorized 1363

"GA1979.1.1989">

CALHOUN COUNTY Small claims court 3121 CAMDEN COUNTY Compensation of named county officers 3282 Tax commissioner's compensation, etc. 3285 CAMPAIGN AND FINANCIAL DISCLOSURE ACT Amended 602 Executive Director's salary 392 CAMPUS AND UNIVERSITY POLICEMEN Act amended 1323 CANDLER COUNTY Compensation of board of commissioners 3924 Compensation of clerk of superior court 3918 Compensation of tax commissioner 3911 Probate judge's compensation 3914 Sheriff's salary 3921 CANDLER COUNTY, STATE COURT OF Compensation of judge and solicitor 3927 CAPITAL FELONY EXPENSE ACT Enacted 504 CARPETING Security interest under Uniform Commercial Code 626 CARROLL COUNTY Civil Service System 4335 Commissioner's compensation 4064 Compensation of superior court court reporter 530 Tax commissioner's compensation 4062 CATOOSA COUNTY Salary of superior court court reporter 523 CEDARTOWN DEVELOPMENT AUTHORITY Members, etc. 3690 CEMETERIES Act providing for registration and regulation, amended 1305

"GA1979.1.1990">

CENTERVILLE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. CERTIFIED PUBLIC WEIGHERS Penalties 654 CHARLTON COUNTY Compensation of clerk of superior court 4294 Compensation of judge of probate court 4291 Compensation of tax commissioner 4299 Sheriff's compensation 4296 CHATHAM COUNTY Additional judge of superior court 876 Expenditure of tax funds for reappraisal of property 3396 Municipal governments police services study commission 4701 CHATHAM COUNTY, STATE COURT OF Practice and procedure, etc. 4502 CHATTAHOOCHEE COUNTY Sheriff's deputies, etc. 4356 CHATTOOGA COUNTY Salary of superior court court reporter 523 Small claims court 4066 CHEHAW PARK AUTHORITY Created 4515 CHEROKEE COUNTY Homestead exemptions, proposed amendment to the Constitution 1852 CHILD SUPPORT Office of child support receiver created 1400 CIVIL COURTS Judges' salaries in certain counties (145,000-165,000) 4195

"GA1979.1.1991">

CIVIL PRACTICE ACT Amended, discovery 1041 CIVIL SERVICE BOARDS Members in certain counties (600,000 or more) 4346 CLAIMS ADVISORY BOARD ACT Amended 797 CLARKE COUNTY Audits of board of commissioners 4311 Coroner's compensation 4315 Responsibility for feeding county prisoners 4313 CLAY COUNTY Sheriff's budget, etc. 3246 CLAYTON COUNTY Civil service system amended 4056 Compensation of board of commissioners 3668 Compensation of probate judge 3649 Compensation of sheriff and clerk of superior court 3654 Compensation of tax commissioner 3651 Homestead exemptions, proposed amendment to the Constitution 1812 CLAYTON COUNTY, STATE OF Judges' salaries, procedure, etc. 3838 CLINCH COUNTY Sheriff's compensation, deputies, etc. 3211 COASTAL MANAGEMENT ACT OF 1978 Amended 1302 COBB COUNTY Board of education, terms 3851 Compensation of clerk of probate court 4239 Compensation of judge of probate court 4499 Compensation of named officials 4172 Compensation of tax commissioner, etc. 4629 District Attorney's employees 541 Sheriff's compensation, etc. 3214

"GA1979.1.1992">

COBB COUNTY, STATE COURT OF Clerk's compensation 4200 Judges' compensation 4141 Jurisdiction, procedure, etc. 3481 Magistrates' salaries 4506 Marshal's costs 3218 Solicitor's compensation 4197 CODE OF PUBLIC TRANSPORTATION Authority of enforcement officers 814 Removal of advertising devices 803 COGENERATION ACT OF 1979 Enacted 389 COLLEGE PARK, CITY OF See Tobular IndexMunicipalitiesHome Rule Amendments. COLQUITT COUNTY, STATE COURT OF Judge and solicitor 3191 COLUMBIA COUNTY See also Tabular IndexCounty MattersHome Rule Actions. Homestead exemptions, proposed amendment to the Constitution 1815 Probate judge placed on salary basis 3931 COLUMBUS, CITY OF Corporate limits 3735 COMMERCIAL TRANSACTIONS Accord and satisfaction of debt defined 1051 COMMERCIAL VEHICLES Proportional registration 1015 COMMON CARRIERS Separate cars, etc. Acts repealed 945

"GA1979.1.1993">

COMMUNITY AFFAIRS, DEPARTMENT OF Compensation of Director 392 Members of board, etc. 1063 Office of Housing 1062 COMPENSATION OF CERTAIN STATE OFFICIALS Procedure, etc. 392 CONCEALED WEAPONS Carrying regulated 1019 CONSOLIDATED ATLANTA PROPERTIES, LTD. Lease amendment 1339 CONSUMERS' UTILITY COUNSEL Compensation, etc. 1056 CONTAGIOUS DISEASES Immunization of school children 1284 CONTROLLED SUBSTANCES ACT Amended 1258 Amended, forfeitures of money under certain circumstances 879 COOK COUNTY Land conveyance authorized 569 CORNELIA, CITY OF Recorder's qualifications 3050 CORONERS Compensation in certain counties (165-000-175,000) 3742 Salaries in certain counties (10,600-10,900) 529 Salaries in certain counties (145,000-165,000) 4195 CORPORATIONS Mergers and consolidations 435 COSMETOLOGY Act regulating, amended 1327

"GA1979.1.1994">

COUNTIES Commissioners' salaries in certain counties (145,000-165,000) 4195 Members of civil service boards in certain counties (600,000 or more) 4346 Ordinances relating to sexual offenses 131 Placement of trash receptacles, etc., in certain counties (8,100-8,230) 3983 COUNTY BOARDS OF ELECTIONS Terms of members in certain counties (170,000-195,000) 3604 COUNTY COMMISSIONERS Compensation in certain counties (8,335-8,725) 3456 COUNTY GOVERNMENTS Endorsement of fiscal standards 1366 COURTS Costs in certain counties (600,000 or more) 507 Office of child support receiver created 1400 COVINGTON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Taxes on insurance companies 3986 COWETA COUNTY Compensation of superior court court reporter 530 COWETA COUNTY WATER AND SEWER AUTHORITY Created 4447 CREDIT UNIONS Third party payment services 417 CRIME INFORMATION CENTER Membership of council 613 CRIMES Arson 935 Carrying of concealed weapons 1019 Controlled Substances Act amended, marijuana 1258

"GA1979.1.1995">

County and municipal ordinances relating to sexual offenses 131 Criminal trespass 764 Damaging, etc., mailboxes 618 Dumping, etc., garbage 831 False statements 1068 Fines as condition precedent to probation in felony cases 848 Serious injury by vehicle 768 CRIMINAL PROCEDURE Capital Felony Expense Act 509 Distribution of moneys received as result of commission of crime 1262 Fines as condition precedent to probation in felony cases 848 Interstate agreement on detainers 652 Rewards for arrest of felons 1173 Videotape as evidence 761 Voir dire questions 1047 CRISP COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 1801 CRUELTY TO DOMESTIC ANIMALS Enabling legislation for certain counties (400,000 or more) 516 CURRENT INCOME TAX PAYMENT ACT OF 1960 Amended 926 D DADE COUNTY Commissioner's compensation 4586 Compensation of deputy clerk of superior court 3969 Salary of superior court court reporter 523 DALTON, CITY OF Land conveyance authorized 1372 DAWSON COUNTY Compensation of deputy clerk of superior court 4051

"GA1979.1.1996">

DAWSONVILLE, CITY OF Compensation of mayor and councilmen 3022 DECATUR, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. DECATUR COUNTY, STATE COURT OF Compensation of judge and solicitor, etc. 3848 DEKALB COUNTY Government reorganization commission 4650 Penalties for violating ordinances 3563 Recorder's court, fines and punishment 3565 DEKALB COUNTY AIRPORT AUTHORITY Amended, members, etc. 3656 DEKALB COUNTY, STATE COURT OF Jury trials 3060 DENTISTS AND DENTAL HYGIENISTS Licensing Act amended 853 DEPARTMENT OF OFFENDER REHABILITATION Costs of maintaining certain prisoners 376 DEVELOPMENT AUTHORITIES LAW Amended 413 DISABILITY INSURANCE Group policies 1289 DISTRICT ATTORNEY EMERITUS Reappointment to office 971 DISTRICT ATTORNEYS Compensation and duties of assistant district attorneys 639 DIVORCE AND ALIMONY Procedure, rights, etc. 466

"GA1979.1.1997">

DOCTOR Use of term regulated 628 DOMESTIC ANIMAL CONTROL Enabling legislation for certain counties (400,000 or more) 516 DOOLY COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 1796 DOUGHERTY COUNTY Albany-Dougherty County Payroll Development Authority Act amended 3639 DOUGHERTY COUNTY STADIUM AUTHORITY Name changed from Albany Stadium Authority, etc. 4545 DOUGLAS COUNTY Homestead exemptions, proposed amendment to the Constitution 1808 Terms of superior court 518 DRIVER'S LICENSING ACT Amended 1049 DRUG ABUSERS Hospitalization 744 DRUG DEPENDENT INDIVIDUALS Hospitalization 744 DUBLIN, CITY OF City of Dublin and County of Laurens Development Authority Amended 3109 New charter 3568 DULUTH, CITY OF Charter amended 3555 E EARLY COUNTY, STATE COURT OF Judge's salary 3611

"GA1979.1.1998">

EASTERN JUDICIAL CIRCUIT Additional judge 876 EASTMAN, CITY OF New charter 4593 EAST POINT, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. ECHOLS COUNTY Small claims court 4077 EDUCATION See also Adequate Program for Education Act Grants to local public school systems 1001 Health insurance for public school employees 1290 Immunization of school children from contagious diseases 1284 Local units of administration 1279 Public School Disciplinary Tribunal Act 663 Sale of school facilities by county boards 657 School bus drivers 1055 School psychologists and psychometrists 1077 EFFINGHAM COUNTY Small claims court 3758 ELBERT COUNTY Compensation of chairman of board of commissioners 4557 Compensation of tax commissioner 4555 ELECTIONS Absentee ballots 629 , 633 , 677 Boards of elections in certain counties (22,312-22,825) 4165 Dates of runoff elections 904 Election Code amended 955 Elections in certain counties (250,000-500,000) 1053 Georgia Election Code amended 962 , 963 Hours of opening and closing polls in certain municipalities (300,000 or more) 1010 Lists of electors 1080 Nomination petitions 617

"GA1979.1.1999">

Office hours of election superintendents in certain counties (600,000 or more) 765 Presidential preference primary 1316 Public Officers Recall Act 1612 Unopposed candidates 624 ELLIJAY, CITY OF New charter 3881 EMERGENCY MEDICAL SERVICES Joint study committee created 1381 EMPLOYEES' HEALTH INSURANCE COVERAGE ACT Amended 667 EMPLOYEES OF STATE Travel reimbursement policies 1365 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Accumulated sick leave 1022 Amended 415 Compensation of Director 392 Group term life insurance 1259 ENERGY RESOURCES COUNCIL Members 391 ESTATES Renunciation of succession 1292 Year's support, etc. 1325 EVANS COUNTY Compensation of district attorney, etc. 584 Probate judge's compensation 3475 EVIDENCE Persons competent and compellable to testify 1261 EXECUTIVE REORGANIZATION ACT OF 1972 Amended 1027 EXTRADITION Uniform Act amended 412

"GA1979.1.2000">

F FACADE AND CONSERVATION EASEMENTS ACT OF 1976 Amended 637 FALSE ARREST OR FALSE IMPRISONMENT Defenses 762 FALSE STATEMENTS Crimes 1068 FAMILY AND DOMESTIC RELATIONS LAW Amended 466 FINANCIAL INSTITUTIONS CODE OF GEORGIA Amended 950 , 951 FINANCING AND INVESTMENT COMMISSION ACT Amended 401 FIREMEN'S RETIREMENT SYSTEM ACT Amended 364 FITZGERALD, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Charter amended 4469 FLOWERY BRANCH, CITY OF New charter 3404 FLOYD COUNTY Compensation of chief deputy clerk of superior court 4362 Compensation of chief deputy tax commissioner 4359 Homestead exemptions, proposed amendment to the Constitution 1819 , 1822 FOLKSTON, CITY OF New charter 4390 FOOD SERVICE ESTABLISHMENTS Assistance to persons choking 1272

"GA1979.1.2001">

FORESTRY COMMISSION, STATE Director's compensation 392 FORSYTH COUNTY Business Licenses, proposed amendment to the Constitution 1828 Police powers 4001 FORSYTH COUNTY AIRPORT AUTHORITY ACT Repealed 3757 FRANCHISE PRACTICES COMMISSION Executive Director's compensation 392 FRANKLIN D. ROOSEVELT WARM SPRINGS POOLS AND SPRINGS SITE COMMISSION Created 997 FULTON COUNTY Board of education pension system Act amended 3248 Easement authorized 1374 Taxes for educational purposes, proposed amendment to the Constitution 1797 FULTON COUNTY, STATE COURT OF Compensation of assistant solicitors-general 3822 FUR DEALERS Trappers and Fur Dealers Act amended 800 G GAINESVILLE, CITY OF Land conveyance authorized 138 New charter 3302 GALLANT, WILLIAM J. Compensation 4689 GAME AND FISH See also Natural Resources Code amended 420 , 678 Coastal Management Act of 1978 amended 1302

"GA1979.1.2002">

Commercial fishing, crabbing, etc. 893 Elimination of wild or abandoned dogs 849 Firearms used in hunting deer 828 Hunter education 1177 Hunting licenses, etc. 1320 Hunting Seasons, etc. 394 Inspection of vessels and boats 1283 Nonresident big game licenses 1255 Sale of licenses, etc. 924 Weapons used in turkey hunting 591 Wild animal defined, etc. 1094 GARBAGE Dumping garbage, etc. 831 General Appropriations Act enacted 1427 GENERAL ASSEMBLY Legislative Retirement System Act amended 931 Legislative Services Committee membership 795 Georgia Cogeneration Act of 1979 enacted 389 GEORGIA COUNCIL FOR ENERGY RESOURCES Members 391 GEORGIA COUNCIL FOR THE ARTS AND HUMANITIES Reestablishment of Arts Council 388 GEORGIA CRIME INFORMATION CENTER Membership of council 613 GEORGIA INDIGENT DEFENSE ACT Enacted 367 GEORGIA INSURANCE CODE Amended 786 GEORGIA MEAT INSPECTION ACT Amended 1037 GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 Amended 623

"GA1979.1.2003">

GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended 594 GEORGIA ON MY MIND Designated as State song 1425 GEORGIA POWER COMPANY Land conveyance authorized 1423 GEORGIA PROFESSIONAL STANDARDS ACT Members, etc. 1065 GEORGIA PUBLIC REVENUE CODE Amended, nonprofit bingo games 1075 GEORGIA PUBLIC SERVICE COMMISSION Fuel Adjustment Clauses 1312 GEORGIA RADIATION CONTROL ACT Amended 1059 GILLSVILLE, CITY OF New charter 3421 GINSENG PROTECTION ACT OF 1979 Enacted 919 GLASCOCK COUNTY Sheriff's deputies, etc. 3550 Small Claims Court Act amended 3860 GLYNN COUNTY Brunswick-Glynn County Charter Commission 3378 Compensation of tax commissioners, etc. 4123 Education districts, referendum 3467 Employees of clerk of superior court 4120 Homestead exemptions, proposed amendment to the Constitution 1849 Magistrate's Court Act amended 3106 Sheriff's compensation, etc. 4116 GLYNN COUNTY, STATE COURT OF Salaries, etc. 4541

"GA1979.1.2004">

GORDON COUNTY Budget and fiscal year 4144 GOVERNOR Security for Governor's family 143 GRADY COUNTY Salary of clerk of superior court, etc. 3240 GRADY COUNTY, STATE COURT OF Compensation of judge and solicitor 3238 GRAND JURIES Report by foreman or clerk 676 GRANTVILLE, CITY OF Town clerk 4442 GREAT SEAL OF STATE Governor may authorize display 411 GREENE COUNTY Additional superior court judge 769 GREENSBORO, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. GRIFFIN, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. GRIFFIN DEVELOPMENT AUTHORITY Created 4532 GUARDIAN AND WARD Appointment of guardians 1012 GUM BRANCH, CITY OF Incorporated 3222

"GA1979.1.2005">

GWINNETT, BUTTON Exhibit honoring Button Gwinnett 500 GWINNETT COUNTY Compensation of named officials 4488 Compensation of tax commissioner 4486 GWINNETT COUNTY, STATE COURT OF Vacancies, etc. 3010 H HABERSHAM COUNTY Small Claims Court Act amended 3206 Terms of superior court, etc. 578 HABERSHAM COUNTY, STATE COURT OF Compensation of judge and solicitor 3025 Compensation of solicitor's secretary 3029 HABILITATION OF MENTALLY RETARDED PERSONS Code amended 734 HALL COUNTY See Tabular IndexCounty MattersHome Rule Actions. HAMRICK, MRS. MARGARET B. Compensation 4695 HANCOCK COUNTY Additional superior court judge 769 Compensation of board of commissioners 3271 Compensation of deputy sheriffs 4539 Salary of secretary of clerk of superior court 3269 Small Claims Court Act amended 4014 HAPEVILLE, CITY OF Charter amended 3458 HAPEVILLE WATER AND SEWER AUTHORITY Created 3461

"GA1979.1.2006">

HARALSON COUNTY Terms of superior court 518 Treasurer's compensation 3971 HARRIS COUNTY Compensation of named officials 4573 HART COUNTY Small claims court 3828 HART COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Act amended 3052 HAZARDOUS MATERIALS Transportation regulated 789 HAZARDOUS WASTE MANAGEMENT ACT Enacted 1127 HEALTH See also Human Resources, Department of. Immunization of school children from contagious diseases 1284 Medical Assistance of 1977, amended 1293 Nonresident Indigent Health Care Fund 1234 Ombudsman program within long-term care facilities 1240 Public Health Code amended 1042 , 1109 HEALTH INSURANCE PLAN FOR PUBLIC SCHOOL TEACHERS ACT Amended 672 HEALTH MAINTENANCE ORGANIZATIONS Insurance Code amended 1148 HEALTH PLANNING AND DEVELOPMENT Health Code amended 1109 HEARD COUNTY Compensation of superior court court reporter 530 HELEN, CITY OF Land conveyance authorized 561

"GA1979.1.2007">

HENRY COUNTY Board of Commissioners 3003 , 4186 Compensation of named officials 4189 HIGHWAYS Welcome stations 132 HIGHWAY AND TOLLING AUTHORITIES Toll powers, etc. 1091 HOMESTEAD EXEMPTIONS Exemptions from ad valorem taxation 830 HORSES Slaughter regulated 846 HOSCHTON, CITY OF Elections, etc. 4153 HOSPITALIZATION, ETC.FOR ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, DRUG ABUSERS, ETC. Code amended 744 HOSPITALIZATION, TREATMENT, ETC., FOR THE MENTALLY ILL Code amended 723 HOUSING AUTHORITIES LAW Amended, members in certain municipalities (10,800-11,200) 513 HUMAN RESOURCES, DEPARTMENT OF See also Health Commissioner's salary 392 Fees for laboratory services 823 Patient Cost of Care Act 834 Posters showing method of assisting persons choking 1272 HUSBAND AND WIFE See also Divorce and Alimony Proof of age, etc. 872

"GA1979.1.2008">

I INCOME TAX Computation of tax, etc. 888 Definitions 901 INDENTURED SERVANTS AND APPRENTICES Code sections repealed 943 INDUSTRY AND TRADE Welcome centers 132 Commissioner's salary 392 INSURANCE Georgia Insurance Code amended 786 , 1407 Group disability policies 1289 Health insurance for public school employees 1290 Health maintenance organizations 1148 Insurance Premium Finance Company Act amended 1076 Licensing of agents, etc. 882 Property insurance defined 804 Taxation of premiums 850 INSURANCE PREMIUM FINANCE COMPANY ACT Maximum service charges 1076 INTEREST AND USURY Interest on real estate loans 357 Legal rate of interest 355 Rates on loans secured by secondary security deeds 1281 INTERSTATE AGREEMENT ON DETAINERS Act amended 652 IRWIN COUNTY Salaries of clerical assistants 3681 Small claims court 3696 J JACKSON COUNTY Compensation of named officials 4147

"GA1979.1.2009">

JASPER COUNTY Additional superior court judge 769 Deputy coroner 3263 Small claims court 4322 Terms of superior court 503 JASPER COUNTY, SUPERIOR COURT OF Terms of court 503 JEFF DAVIS COUNTY Compensation of board of commissioners 4308 JEFFERSON COUNTY Compensation of clerk of superior court 3743 Sheriff's compensation 3642 JEFFERSON COUNTY, STATE COURT OF Compensation of judge and solicitor 3640 JENKINS COUNTY Compensation of board of commissioners 4342 Coroner's compensation 4344 Small claims court jurisdiction 4054 JOHNSON, MRS. PENNY D. Compensation 4685 JONES COUNTY Additional superior court judge 769 JURIES Oath of jury on voir dire 1048 Revision of jury lists 3 JUVENILE COURTS Jurisdiction over juveniles 1179 , 1404 JUVENILES Places of detention 774 K KELLEY, MRS. SUSIE B. Compensation 4698

"GA1979.1.2010">

KENNESAW, CITY OF Corporate limits 4332 KIDD, J. L. Land conveyance authorized 567 L LABOR, DEPARTMENT OF Supplemental appropriation 1081 LAMAR COUNTY Compensation of tax commissioner 4155 Probate judge's compensation 4157 LANDSCAPE ARCHITECTS, STATE BOARD OF Members 378 LAURENS COUNTY City of Dublin and Laurens County Development Authority amended 3109 Compensation of judge of probate court 3953 Compensation of tax commissioner 3956 Small claims court created 3071 LAURENS COUNTY, STATE COURT OF Practice of law by judge 3065 LEE COUNTY Clerical assistants for probate court 3663 Compensation of sheriff, etc. 3661 Personnel in tax commissioner's office 3665 LEGAL SERVICES FOR THE POOR Program in certain counties (600,000 or more) 3131 LEGISLATIVE RETIREMENT SYSTEM ACT Amended 931 LEGISLATIVE SERVICES COMMITTEE Membership 795

"GA1979.1.2011">

LIABILITY INSURANCE FOR STATE EMPLOYEES ACT Amended 674 LIBERTY COUNTY Compensation of clerk of judge of probate court 4425 Compensation of clerk of superior court 4454 Compensation of district attorney, etc. 584 LIBERTY COUNTY, STATE COURT OF Salaries of judge and solicitor 3280 LIBRARIES, PUBLIC Expenses of board members 636 LIENS Mechanics' liens on personalty 902 LIVESTOCK Eradiction and control of diseases 1035 LOCAL OPTION SALES TAX Code Chapter 91A-46 amended 446 LONE OAK, TOWN OF Elections of mayor and council, etc. 4203 LONG COUNTY Compensation of clerk of superior court 4047 Compensation of district attorney, etc. 584 Compensation of judge of probate court 4024 Compensation of tax commissioner 4045 Sheriff's salary 4030 LONG COUNTY, STATE COURT OF Compensation, selection, etc. of judge and solicitor 4379 LOUISVILLE, CITY OF Compensation of named officials 3746 LOWNDES COUNTY Small Claims Court Act amended 4094

"GA1979.1.2012">

LOWNDES COUNTY, STATE COURT OF Compensation of judge and solicitor 4097 LUMBER CITY, CITY OF Municipal court, etc. 3490 LUMPKIN COUNTY Compensation of county commissioner 4511 Compensation of judge of probate court and clerk of superior court 4508 Compensation of tax commissioner 4513 LYONS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments M MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT Act amended 3816 MACON, CITY OF Land conveyance authorized 1386 Municipal warrant clerks 3867 MADISON, CITY OF Charter amended 4018 MALT BEVERAGES Sale by Coliseum authorities in certain counties (145,000-165,000) 349 MARIETTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Board of lights and waterworks 4698 MARIJUANA Controlled Substances Act amended 1258 MARRIAGE Persons able to contract 872

"GA1979.1.2013">

MATERNAL AND INFANT HEALTH COUNCIL Membership 766 McDUFFIE COUNTY Compensation of chairman of board of commissioners 3998 Compensation of named officials 3994 Small Claims Court Act amended 3844 McINTOSH COUNTY Compensation of clerk of superior court 4427 Compensation of district attorney, etc. 584 Compensation of judge of probate court 4429 Compensation of tax commissioner 4423 Small claims court 4431 McMILLAN, GEORGE H. George H. McMillan Bridge designated 1371 McRAE, CITY OF Police court, penalties 3488 MEAT INSPECTION ACT Amended 1037 MECHANICS' LIENS Liens on personalty 902 MEDAL OF HONOR WINNERS' LICENSE PLATES ACT Enacted 887 MEDICAL ASSISTANCE ACT OF 1977 Amended 1293 MEDICAL ASSOCIATION OF ATLANTA Commended 498 MEDICAL EXAMINERS, COMPOSITE BOARD OF Members, etc. 382 MEDICINE, PRACTICE OF Joint advisory board of family practice 642

"GA1979.1.2014">

MENTAL HEALTH Provisional licenses 1023 MENTAL HEALTH Hospitalization, treatment, etc. for the mentally ill 723 MENTALLY RETARDED PERSONS Habilitation 734 MERIWETHER COUNTY Compensation of clerical help in office of clerk of superior court 3041 Compensation of superior court court reporter 530 Compensation of tax commissioner 3044 Small claims court created 3031 METROPOLITAN ATLANTA RAPID TRANSIT SYSTEM Amended 4634 MIDWAY MUSEUM, INC. Land conveyance authorized 1397 MILITARY FORCES REORGANIZATION ACT OF 1955 Amended 886 MILKEY, HERBERT C., SR. Compensation 4683 MILLEDGEVILLE-BALDWIN COUNTY RECREATION COMMISSION Lease agreement authorized 575 MILLEDGEVILLE, CITY OF Recorder's residence 3261 Tax assessments 3373 MOBILE HOMES Uniform Standards Code amended 1286 MONROE, CITY OF Water, Light and Gas Commission 3869

"GA1979.1.2015">

MONROE COUNTY Compensation of judge of probate court 4032 Office of treasurer abolished 4034 MONROE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Bonds, etc. 4319 MONTGOMERY COUNTY Selection of board of education, referendum 3151 MORGAN COUNTY Additional superior court judge 769 MORVEN, CITY OF New charter 3716 MOTION PICTURE FAIR COMPETITION ACT Enacted 427 MOTOR CONTRACT CARRIERS Definitions, etc. 651 MOTOR FUEL TAXES Taxes, etc. 1274 , 1278 MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended 594 MOTOR VEHICLE, FARM MACHINERY AND CONSTRUCTION EQUIPMENT FRANCHISE PRACTICES ACT Amended 1625 MOTOR VEHICLE SAFETY INSPECTION ACT Amended 906 MOTOR VEHICLES Act regulating traffic on highways amended 775 Certificate of title Act amended 1108 Serious injuries, crimes 768 Motor Vehicle Emission Inspection and Maintenance Act 1213

"GA1979.1.2016">

Reports of accidents 826 Serion injuries, crimes 768 Seven year license plates 615 Trailer license fees 1038 MOULTRIE, CITY OF Corporate limits 3872 MULLINS HOMES, INC. Land conveyance 1367 MUNICIPAL ELECTION CODE Amended 960 , 964 , 967 , 968 , 970 Absentee ballots 631 Hours of opening and closing polls in certain municipalities (300,000 or more) 1010 Public Officers Recall Act 1612 MUNICIPAL PENSION SYSTEMS Amended as to certain municipalities (more than 300,000) 3613 , 3625 , 3627 , 3637 MUNICIPALITIES Contracts by certain municipal governmental authorities (120,000-150,000) 521 Endorsement of fiscal standards 1366 Ordinances relating to sexual offenses 131 Powers 645 Sales by employees to certain municipalities (3,760-3,850) 536 MYRICK, JAMES R. Compensation 4691 N NATURAL RESOURCES See also Game and Fish Coastal Management Act of 1978 amended 1302 Shore Assistance Act of 1979 1636 NON RESIDENT INDIGENT HEALTH CARE FUND Act amended 1234 NORTHROP, BRUCE D. Compensation 4690

"GA1979.1.2017">

NUISANCES Houses of prostitution 1025 NURSING, STATE BOARD OF Members, etc. 380 NURSING HOMES, STATE BOARD OF Members, etc. 385 O OAKWOOD, CITY OF New charter 3089 OCCUPATIONAL THERAPY Recreational therapists 1233 OCMULGEE JUDICIAL CIRCUIT Additional judge 769 Terms in Jasper County 503 OCONEE COUNTY Expenses of sheriff's office, etc. 4550 Small claims court 4575 ODUM, CITY OF Elections, etc. 4660 OFFENDER REHABILITATION, DEPARTMENT OF Cost of maintaining certain prisoners 376 OGLETHORPE ELECTRIC MEMBERSHIP CORPORATION Easement authorized 546 OIL CHEMIST, STATE Duties, etc. 981 OMBUDSMAN PROGRAM IN LONG-TERM CARE FACILITIES Health Code amended 1240

"GA1979.1.2018">

OUTDOOR ADVERTISING Department of Transportation 1086 OXFORD, TOWN OF Taxes on insurance companies 3984 P PARDONS AND PAROLES Execution of warrants 1020 Reimbursement of certain expenses to counties 798 PATIENT COST OF CARE ACT Enacted 834 PAULDING COUNTY Compensation of tax commissioner 4559 Terms of superior court 518 PAUPERS Interment in certain counties (60,000-65,000) 3554 PAYNE, JAMES S., JR. Compensation 4688 PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Amended 430 PEACH COUNTY Byron Development Authority Act 4175 PEARSON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments PERRY, CITY OF Electors 3056 Homestead exemptions, proposed Amendment to the Constitution 1817

"GA1979.1.2019">

PERRY DEVELOPMENT AUTHORITY Act amended 3058 PERSONNEL BOARD, STATE Duties, etc. 780 Health insurance for public school employees 1290 PETERSON, WILLIAM T. Compensation 4684 PHARMACISTS, PHARMACY AND DRUGS Act regulating, amended 859 PIERCE COUNTY Clerk of superior court placed on salary basis 3988 PIKE COUNTY Compensation of clerk of superior court 4009 Compensation of judge of probate court 4006 Retirement home authority, proposed amendment to the constitution 1832 Sheriff's salary 4012 Tax commissioner's compensation 4004 PINEVIEW, TOWN OF Ad valorem taxation 4131 PLUMBING FACILITIES Exceptions to 1978 Act 776 PODIATRY, BOARD OF EXAMINERS Members 612 POLITICAL SUBDIVISION EMPLOYEES Deferred compensation 592 POLK COUNTY Sheriff's deputies 3707 Tax commissioner's compensation, etc. 4370 Terms of superior court 518 POLK COUNTY WATER AUTHORITY Revenue bonds 3478

"GA1979.1.2020">

POOLER, TOWN OF Corporate limits 4242 POST MORTEM EXAMINATION ACT Amended 1321 POWDER SPRINGS, CITY OF New charter 3437 POWER, MRS. MATTIE LEE Compensation 4644 PRACTICE AND PROCEDURE Adoption Code amended 1182 Appellate and other posttrial procedure 619 Discovery 1041 Persons competent and compellable to testify 1261 Sheriff's fees 988 PRESIDENTIAL PREFERENCE PRIMARY Election Code amended 1316 PRIVACY Exemption of law enforcement officers, etc. 824 PRIVATE COLLEGES AND UNIVERSITIES AUTHORITY ACT Project defined 1069 PROBATE COURTS Clerks' bonds 875 Judges' compensation in certain counties (15,300-15,800) 4456 Judges' qualifications in certain counties (100,000 or more) 954 Judges' salaries in certain counties (145,000 - 165,000) 4195 PROBATE JUDGES Vacancies in certain counties (180,000-190,000) 537 PROBATE JUDGES RETIREMENT ACT Amended 596

"GA1979.1.2021">

PROFESSIONAL STANDARDS ACT Members, etc. 1065 PROPERTIES CODE, STATE Amended 1028 PROPERTY INSURANCE Defined 804 PROPERTY, STATE Inventory of personal property owned by State 1245 PROSTITUTION, HOUSES OF Abatement of nuisances 1025 PSYCHOLOGISTS, APPLIED Licensing Act amended 843 PUBLIC HEALTH CODE Amended 1042 PUBLIC LIBRARIES Expenses of board members 636 PUBLIC OFFICERS RECALL ACT Enacted 1612 PUBLIC REVENUE CODE See also Revenue Amended 5 Integrated tax administration 1078 PUBLIC SAFETY, DEPARTMENT OF Clothing allowances 1072 Commissioner's salary 392 Driver's records 142 Driving with suspended or revoked license 1049 Motor Vehicle Safety Inspection Act 906 Regulation of use of Radar speed detection devices 771 Report of Accidents 826 Security, etc. for Governor's family 143

"GA1979.1.2022">

PUBLIC SALES Hours of holding 833 PUBLIC SCHOOL DISCIPLINARY TRIBUNAL ACT Enacted 663 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 884 PUBLIC SERVICE COMMISSION Discovery rights 1084 Fuel adjustment clauses 1312 PUBLIC TRANSPORTATION CODE Amended 973 PULASKI COUNTY Compensation of named county officers 4129 PUTNAM COUNTY Additional superior court judge 769 Compensation of board of commissioners 3496 Sheriff's compensation 3394 R RABUN COUNTY Compensation of Tax Commissioner 3472 Sheriff's salary, etc. 3473 Terms of superior court, etc. 578 RACES, REGISTRATION BY Repealed 948 RADAR SPEED DETECTION DEVICES Use regulated 771 RADIATION CONTROL ACT Amended 1059 RANGER, TOWN OF New charter 4208

"GA1979.1.2023">

REAL ESTATE Certain practices prohibited 345 Legal interest rates 357 Real Estate Commission Act amended 1203 RECALL Public Officers Recall Act 1612 Salaries in certain counties (180,000-190,000) 3085 RECORDERS Judges in certain counties (180,000-190,000) 4185 RECREATIONAL THERAPISTS Occupational Therapy Licensing Act amended 1233 REGISTRATION OF INDIVIDUALS BY RACE Repealed 948 REIDSVILLE, CITY OF Election of mayor, etc. 4388 RESIDENTIAL FINANCIAL AUTHORITY ACT Amended, bonds 1266 RESOURCE RECOVERY DEVELOPMENT AUTHORITIES Powers 1006 RESTAURANTS Assistance to persons choking 1272 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Amended 1011 RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Amended, local option sales tax 446 RETIREMENT See also name of retirement system. Pension systems for members of paid fire

"GA1979.1.2024">

departments in certain municipalities amended (more than 300,000) 3618 , 3620 , 3630 , 3633 Pension system for members of police departments amended (more than 300,000) 3616 , 3623 , 3629 , 3635 Systems amended as to certain municipalities (more than 300,000) 3613 , 3265 , 3627 , 3732 , 3737 REVENUE See also Public Revenue Alcoholic beverages, brokers and importers 923 Alcoholic beverages, licenses in certain counties (175,000-195,000) 929 Computation of income tax, etc. 888 Current Income Tax Payment Act of 1960 amended 926 Homestead exemption from ad valorem taxation 830 Income tax, definitions 901 Integrated Tax Administration 1078 Licensing, etc. of nonprofit bingo games 1265 Medal of Honor Winners' License Plates 887 Members of Boards of Tax Assessors in certain counties (10,500-10,600) 514 Motor fuel taxes 1274 , 1278 Motor Vehicle Certificate of Title Act amended 1108 Proportional registration of commercial vehicles 1015 Public Revenue Code amended 5 Public Revenue Code amended, nonprofit bingo games 1075 Quarterly returns and payment of taxes 1178 Review of tax assessments in certain counties (400,000-550,000) 519 Sales of alcoholic beverages in certain counties (145,000-165,000) 351 Sale of alcoholic beverages on Sundays in certain counties (6,530-6,600) 510 Sale of malt beverages by Coliseum Authorities in certain counties (145,000-165,000) 349 Seven year motor vehicle licenses plates 615 Tax returns in certain counties (63,000-72,000) 538 Taxation of insurance premiums 850 Trailer license fees 1038 Wine tax law amended 922 REWARDS Arrest of felons 1173 REYNOLDS, CITY OF Municipal Court 3645

"GA1979.1.2025">

RICHMOND COUNTY Board of education 3990 Homestead exemptions, proposed amendment to the Constitution 1802 RINCON, TOWN OF Qualifications of recorder 3083 RIVERDALE, CITY OF Charter amended 4460 , 4462 Elections 4464 ROBBINS, MRS. ANNA L. Compensation 4693 ROCKDALE COUNTY See also Tabular IndexCounty MattersHome Rule Actions Act abolishing office of treasurer amended 3172 Compensation of board of commissioners 3166 Coroner's salary 3159 Jurisdiction of magistrate's court 3169 Probate judge's salary 3164 Salary of clerk of superior court 3162 Sheriff's compensation 3161 Tax Commissioner's salary 3168 ROCKMART, CITY OF Homestead exemptions, proposed amendment to the Constitution 1792 Recorder's Court 4373 ROME, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Homestead exemptions, proposed amendment to the Constitution 1825 ROOSEVELT, FRANKLIN D. Warm Springs Pools and Springs Site Commission 997 ROSWELL, CITY OF Corporate limits 3113

"GA1979.1.2026">

S ST. MARYS AIRPORT AUTHORITY Act amended 3278 ST. MARYS, CITY OF City Court 3273 SAND HILL, CITY OF New charter, referendum 4245 SARDIS, CITY OF Elections, etc. 3865 SASSER, TOWN OF Corporate limits 3769 SAVANNAH, CITY OF See also Tabular IndexMunicipalities Home Rule Amendments Land conveyance authorized 565 SCHOOL BUS DRIVERS Compensation 1055 SECRETARY OF STATE Act providing for registration and regulation of cemeteries amended 1305 Securities Act of 1973 amended 1296 SECURITIES Securities Act of 1973 amended 1296 SECURITY DEEDS Interest rates 1281 SEMINOLE COUNTY Coroner's salary 3819 SERVICES FOR THE AGED Study Committee created 1369

"GA1979.1.2027">

SHERIFFS Fees 988 Minimum salaries 1248 Salaries in certain counties (145,000-165,000) 4195 SHERIFF'S RETIREMENT FUND OF GEORGIA ACT Amended 994 SHORE ASSISTANCE ACT OF 1979 Enacted 1636 SOIL AND WATER CONSERVATION COMMISSION Executive Director's salary 392 SOUTHERN INTERESTATE NUCLEAR COMPACT Amended, name changed 806 SOUTHERN STATES ENERGY COMPACT Name changed from Southern Interstate Nuclear Compact 806 SMYRNA, CITY OF Homestead exemptions, proposed amendment to the Constitution 1844 SPALDING COUNTY Compensation of Board of Commissioners 3454 Compensation of Tax Commissioner 4135 Compensation of named officials 4138 Coroner's compensation 3452 School district ad valorem taxes, proposed amendment to the constitution 1793 SPALDING COUNTY, STATE COURT OF Compensation of judge and solicitor 4301 SPIRIT CREEK CATTLE FARM, INC. Lease of land authorized 1382 STATE BUILDING ADMINISTRATIVE BOARD Termination date 821

"GA1979.1.2028">

STATE PROPERTIES CODE Amended 816 STATE PROPERTY Inventory of personal property 1295 STATE COURTS See also named court Judge's salaries in certain counties (145,000-165,000) 4195 STATE DEPOSITS Funds, etc. 399 STATE EMPLOYEES Deferred compensation 592 STATE EMPLOYEES' LIABILITY INSURANCE ACT Amended 674 STATE OIL CHEMIST Duties, etc. 981 STATE OWNED SURPLUS PROPERTY Disposition 1071 STATE PERSONNEL BOARD ACT Amended, duties, etc. 780 STATE PROPERTIES CODE Amended 1028 STATE SCHOLARSHIP COMMISSION Director's salary 392 STATE SONG Georgia on My Mind designated as State song 1425 STATE WILD FLOWER Azalea designated 1387 STATESBORO, CITY OF Downtown Statesboro Development Authority, proposed amendment to the Constitution 1841

"GA1979.1.2029">

STEPHENS COUNTY Terms of Board of Commissioners, referendum 3047 Terms of Superior Court, etc. 578 STEWART COUNTY Compensation of Commissioner 4089 SUMTER COUNTY Small Claims Court created 3194 Treasurer's compensation 3175 SUMTER COUNTY, STATE COURT OF Terms of court, solicitor, etc. 3173 SUPERIOR COURT CLERKS See also named county Compensation in certain counties (15,300-15,800) 4456 Salaries in certain counties (145,000-165,000) 4195 Salaries in certain counties (180,000-190,000) 3085 SUPERVISOR OF PURCHASES Merchandise produced by training centers, etc. 1318 SUPPLEMENTAL APPROPRIATIONS ACT Enacted 144 , 778 SUPREME COURT Fee to take bar examination 502 Places of holding oral arguments 1107 SURPLUS PROPERTY Disposition of State owned surplus property 1071 SWAINSBORO, CITY OF Corporate limits 4466 SWINE MYCOBACTERIOSIS INDEMNIFICATION ACT Enacted 1032 T TALBOTTON, CITY OF Charter amended 4376

"GA1979.1.2030">

TALIAFERRO COUNTY Compensation, etc. of deputy sheriffs 4368 Probate judge placed on salary basis 3486 Tax Commissioner placed on salary basis 4365 TATTNALL COUNTY Compensation of district attorney, etc. 584 TATTNALL COUNTY, STATE COURT OF Judge's compensation, etc. 4026 TAX ASSESSORS Members of boards in certain counties (10,500-10,600) 514 TAX COLLECTORS Minimum salaries 1250 TAX COMMISSIONERS Minimum salaries 1250 Salaries in certain counties (180,000-190,000) 3085 Secretaries in certain counties (9,000-9,200) 3457 Salaries in certain counties (145,000-165,000) 4195 TAX REFORM COMMISSION Authority to employees 129 TAYLOR COUNTY Compensation of Tax Commissioner 4457 Sheriff's compensation 4206 TEACHER'S RETIREMENT SYSTEM ACT Amended 918 , 930 , 1196 Membership 1007 Minimum retirement benefits, etc. 1004 Salary of Executive Secretary-Treasurer 392 Transfer of credit from certain municipal systems (more than 300,000) 3606 TELFAIR COUNTY School districts, referendum 3539 Small Claims Court 3527 , 4562 TERRELL COUNTY Small Claims Court created 3012

"GA1979.1.2031">

THOMAS COUNTY Higher Education Authority Act 3288 Higher Education Authority, proposed amendment to the Constitution 1788 THOMASTON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Corporate limits 3686 THURMOND, CHARLES, JR. Land conveyance authorized 563 TOLLWAYS Toll powers of highway and tollway authorities 1091 TOOMBS COUNTY Board of Commissioners 3086 Compensation of Tax Commissioner 3977 Sheriff's compensation 3980 Small Claims Court Act, amended 4384 TOOMBS COUNTY, STATE COURT OF Compensation of judge and solicitor 3974 TOOMSBORO, CITY OF New charter 3499 TOWNS COUNTY Compensation of clerk of Superior Court 3400 Compensation of sheriff and deputies 3398 Tax collector's salary 3402 Terms of Superior Court, etc. 578 TRANSPORTATION CODE, GEORGIA Amended 439 TRANSPORTATION, COMMISSIONER OF Salary 392 TRANSPORTATION, DEPARTMENT OF Outdoor advertising signs 1086

"GA1979.1.2032">

TRANSPORTATION OF HAZARDOUS MATERIALS ACT Enacted 789 TRAPPERS AND FUR DEALERS ACT Amended 800 TRASH RECEPTACLES Placement, etc. in certain counties (8,100-8,230) 3983 TREUTLEN COUNTY Clerk of Superior Court placed on salary basis 3134 Compensation of Board of Commissioners 3140 Probate judge placed on salary basis 3137 Sheriff's compensation, etc. 3145 Tax Commissioner placed on salary basis 3148 TREUTLEN COUNTY, STATE COURT OF Salaries of judge and solicitor 3142 TRIBBLE, RONALD L. Compensation 4687 TROUP COUNTY Compensation of specified officers 4101 Compensation of Superior Court court reporter 530 Coroner's salary 4113 Small Claims Court judge's salary 4106 TROUP COUNTY, STATE COURT OF Salaries of judge and solicitor 4109 TUCKER, W. R. Land conveyance authorized 571 TURNER COUNTY Compensation of sheriff, etc. 3006 Deputy clerk of Superior Court 3008 TYRONE, TOWN OF Public Facilities Authority 3938

"GA1979.1.2033">

U UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended 775 UNIFORM COMMERCIAL CODE Modification of Warranties 756 Security interest in carpeting and padding 626 UNIFORM CRIMINAL EXTRADITION ACT Amended 412 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Amended 938 , 941 UNIFORM STANDARDS CODE FOR MOBILE HOMES Amended 1286 UNION COUNTY Terms of Superior Court, etc. 578 UNITED STATES OF AMERICA Land conveyance authorized 1377 UNIVERSITIES Campus and University policemen 1323 UNIVERSITY SYSTEM Chancellor's salary 392 UPSON COUNTY Homestead exemptions, proposed amendment to the Constitution 1854 Jurisdiction of justices of the peace, proposed amendment to the Constitution 1839 URBAN RESIDENTIAL FINANCE AUTHORITY ACTFOR LARGE MUNICIPALITIES Created in certain municipalities (400,000 or more) 4662

"GA1979.1.2034">

USURY Interest rates on loans secured by secondary security deeds 1281 Interest on real estate loans 357 Legal rate of interest 355 V VARNELL, CITY OF Corporate limits 3243 VESSELS Inspection by game and fish authorities 1283 VICKERS, JIMMY Compensation 4696 VIDEOTAPE Evidence, etc. in criminal cases 761 VOIR DIRE Jury Oath 1048 Questions in criminal cases 1047 W WALKER COUNTY Commissioner's compensation 4492 Compensation of employees of clerk of Superior Court 3966 Salaries of Tax Commissioner's employees, etc. 3963 Salary of Superior Court court reporter 523 WALKER COUNTY, STATE COURT OF Compensation of judge and solicitor, etc. 3959 WALLIS, H. W. Land conveyance authorized 563 WARM SPRINGS FOUNDATION Sale or lease of land authorized 1393

"GA1979.1.2035">

WARNER ROBINS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments WARRANTIES Modification under Uniform Commercial Code 756 WASHINGTON COUNTY Compensation of clerk of Superior Court, deputies, etc. 3854 Compensation of judge of Probate Court 3858 Compensation of Tax Commissioner 3863 WASTE Hazardous Waste Management Act enacted 1127 WATER AUTHORITIES Compensation of members in certain counties (31,000-31,500) 4050 WAYNE COUNTY Compensation of clerk of Superior Court 4632 WEBSTER COUNTY Commissioner's compensation 3733 Tax Commissioner placed on salary basis 4091 Treasurer's compensation 4354 WEIGHTS AND MEASURES Penalties by Commissioner of Agriculture 655 WELCOME CENTERS Near Federal Highways 132 WHITE, CITY OF Mayor's Court 3934 WHITE, JULIUS Compensation 4692 WHITFIELD COUNTY Land conveyance authorized 559 Lease of land in Whitfield County authorized 1373 Small Claims Court Act amended 3068

"GA1979.1.2036">

WILD DOGS Elimination of wild or abandoned dogs 849 WILKES COUNTY Clerical assistance for judge of probate court 3375 Compensation of board of commissioners 3377 WILKINSON COUNTY Additional superior court judge 769 Compensation of board of commissioners 3267 Compensation of deputy sheriffs, etc. 3265 Small claims court 3257 WILLS AND ADMINISTRATION OF ESTATES Renunciation of succession 1292 Year's support, etc. 1325 WINE TAX LAW Amended 922 WITNESSES Persons competent and compellable to testify 1261 WORKERS' COMPENSATION SUBSEQUENT INJURY TRUST FUND ACT Amended 891

"GA1979.1.2037">

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

"GA1979.1.2040">

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

"GA1979.1.2042">

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

"GA1979.1.2044">

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1978-1979 Name District Address Allgood, Thomas F. 22nd P.O. Box 1523 Augusta 30903 Ballard, W. D. Don 45th Home: 405 Haygood St. Oxford 30267 Office: 1122 Monticello St. Covington 30209 Barker, Ed 18th 244 Peachtree Cir. P. O. Box KK 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 Bryant, Glenn E. 3rd P.O. Box 585 Hinesville 31313 Carter, Hugh A. 14th P.O. Box 99 Plains 31780 Cobb, Kyle T. 28th 1504 Kalamazoo Drive Griffin 30223 Coverdell, Paul D. 40th Suite 607, 1447 Peachtree St., N.E., Atlanta 30309 Dean, Nathan 31st Box 606 Rockmart 30153 Duncan, J. Ebb 30th W. Club Drive Carrollton 30117 Eldridge, Frank, Jr. 7th P.O. Box 1968 Waycross 31501 English, Bill 21st P.O. Box 521 Swainsboro 30401 Evans, Todd 37th P.O. Box 8276, Station F Atlanta 30306 Fincher, Dan H. 52nd Rt. 10, Horseleg Creek Rd. Rome 30161 Fincher, W. W. (Bill), Jr. 54th 615 Green Rd. Chatsworth 30705 Foster, John C. 50th Box 100 Cornelia 30531 Gillis, Hugh M., Sr. 20th 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 31702 Horton, Janice 17th 430 Burke Circle McDonough 30253 Howard, Pierre 42nd 600 First Nat Bank Bldg. Decatur 30030 Hudgins, Floyd 15th P.O. Box 12127 Columbus 31907 Hudson, Perry J. 35th 3380 Old Jonesboro Road, Hapeville 30354 Johnson, Edward H. (Ed) 34th 506 Locke St. Palmetto 30268 Kennedy, Joseph E. 4th P.O. Box 246 Claxton 30417 Kidd, Culver 25th P.O. Box 370 Milledgeville 31061 Land, Ted J. 16th 3736 Woodruff Rd. Columbus 31904 Langford, James Beverly 51st P.O. Box 277 Calhoun 30701 Lester, Jimmy 23rd 1st Federal Bldg. 985 Broad St. Augusta 30902 Littlefield, Bill 6th First Federal Plaza, Suite 404, 777 Gloucester St. Brunswick 31520 McGill, Sam P. 24th Washington 30673 Overby, Howard T. 49th 1173 Riverside Dr., N.E. Gainesville 30501 Paulk, James L. (Jimmy) 13th P.O. Box M Fitzgerald 31750 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 31210 Russell, Henry P., Jr. 10th Route 1 Boston 31626 Scott, Thomas R. (Tom) 43rd 2887 Alameda Trail Decatur 30034 Starr, Terrell A. 44th 4766 Tanglewood Lane Forest Park 30050 Stephens, Jack L. 36th 2484 Macon Dr., 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 Woodlawn Blakely 31723 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 H. 2nd P.O. Box 8002 Savannah 31412

"GA1979.1.2047">

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1978-1979 District Name Address 1 John R. Riley P.O. Box 9641, Savannah 31402 2 Charles H. Wessels P.O. Box 8002, Savannah 31412 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 4 Joseph E. Kennedy P.O. Box 246, Claxton 30417 5 Robert H. Bob Bell 2535 Henderson Mill Road, N.E., Atlanta 30345 6 Bill Littlefield First Federal Plaza - Suite 404 777 Gloucester St., Brunswick 31520 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 Janice Horton 430 Burke Circle, McDonough 30253 14 Hugh A. Carter P.O. Box 99, Plains 31780 15 Floyd Hudgins P.O. Box 12127, Columbus 31907 16 Ted J. Land 3736 Woodruff Rd., Columbus 31904 17 Janice Horton 430 Burke Circle, McDonough 30253 18 Ed Barker P.O. Box KK, 244 Peachtree Cir., Warner Robins 31093 19 James Ronald Ronnie Walker Sweet Gum Rd., P.O. Box 461, McRae 31055 20 Hugh M. Gillis, Sr. Soperton 30457 21 Bill English P.O. Box 521, Swainsboro 30401 22 Thomas F. Allgood P.O. Box 1523, Augusta 30903 23 Jimmy Lester First Federal Bldg., 985 Broad St., Augusta 30902 24 Sam P. McGill Washington 30603 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 Cir., Macon 31210 28 Kyle T. Cobb 1504 Kalamazoo Dr., Griffin 30223 29 Render Hill P.O. Box 246, Greenville 30222 30 J. Ebb Duncan West Club Dr., Carrollton 30117 31 Nathan Dean Box 606, Rockmart 30153 32 Joe Thompson P.O. Box 1045, Smyrna 30080 33 Roy E. Barnes 639 Maran Lane, Mableton 30059 34 Edward H. (Ed) Johnson 506 Locke St., Palmetto 30268 35 Perry J. Hudson 3380 Old Jonesboro Rd., Hapeville 30354 36 Jack L. Stephens 2484 Macon Dr., Atlanta 30315 37 Todd Evans P.O. Box 8276, Station F, Atlanta 30306 38 Dr. Horace E. Tate 621 Lilla Dr., S.W., Atlanta 30310 39 Julian Bond 361 Westview Dr., S.W., Atlanta 30310 40 Paul D. Coverdell Suite 607 - 1447 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. (Tom) Scott 2887 Alameda Tr., Deactur 30034 44 Terrell A. 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 30215 49 Howard T. Overby 1173 Riverside Dr., N.E., Gainesville 30501 50 John C. Foster Box 100, Cornelia 30531 51 James Beverly Langford P.O. Box 277, Calhoun 30701 52 Dan H. Fincher Rt. 10, Horseleg Creek Rd., Rome 30161 53 E. G. Summers P.O. Box 499, LaFayette 30728 54 W. W. (Bill) Fincher, Jr. 615 Greene 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

"GA1979.1.2049">

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 99-104 Bleckley 117 Brantley 138, 152 Brooks 147 Bryan 107 Bulloch 81, 82 Burke 82, 83 Butts 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 Sthepens 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

"GA1979.1.2051">

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1978-1979 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 30603 Auten, Dean G. 154 628 King Cotton Row Brunswick 31520 Balkcom, Ralph J. 140 Route 1 Blakely 31723 Bargeron, Emory E. 83 801 Walnut St. P.O. Box # 447 Louisville 30434 Battle, Joseph A. 124 2308 Ranchland Drive Savannah 31404 Baugh, Wilbur Edwin 108 Box 926 - Gordon Road Milledgeville 31061 Beal, Alveda King 28 385 Pine St., N.E. Atlanta 30308 Beck, James M. 148 2427 Westwood Drive Valdosta 31601 Benefield, Jimmy D. 72-Post 2 Home: 6656 Morning Dove Place Jonesboro 30236 Bus: Amoco Oil Co. P.O. Box 5077 Atlanta 30302 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 Bostick, Henry 146-Post 1 P.O. Box 94 Tifton 31794 Branch, Paul S., Jr. 137 P.O. Box 99 Fitzgerald 31750 Bray, Claude A., Jr. 70 617 Mayes Way Manchester 31816 Buck, Thomas B., III 95 P.O. Box 196 Columbus 31902 Burruss, A. L. (A1) 21-Post 2 P.O. Box 6338-A Marietta 30065 Burton, Joe 47 2598 Woodwardia Road, N.E. Atlanta 30345 Canty, Mrs. Henrietta Mathis 38 2211 Cascade Rd., S.W. Atlanta 30311 Carnes, Charles L. 43-Post 1 1079 Spring St., N.W. Atlanta 30309 Carrell, Bobby 75 P.O. Box 690 Monroe 30655 Cason, Gary C. 96 3128 College Dr. Columbus 31907 Castleberry, Don 111 P.O. Box 377 Richland 31825 Chamblin, Richard 73 630 North Henry Blvd. Stockbridge 30281 Chance, George 129 P.O. Box 373 Springfield 31329 Cheeks, Donald E. 89 714 Westminster Court Augusta 30909 Childers, E. M. (Buddy) 15 15 Kirkwood St. Rome 30161 Childs, Mrs. Mobley (Peggy) 51 520 Westchester Dr. Decatur 30030 Clark, Betty J. 55 P.O. Box 17852 Atlanta 30316 Clark, Louie Max 13-Post 1 RFD #2 Danielsville 30633 Clifton, A. D. 107 Route 2 Metter 30439 Clifton, Thomas B. (Tommy), Jr. 121 P.O. Box 660 Lyons 30436 Colbert, Luther S. 23 140 Calais Court Roscwell 30075 Coleman, Terry L. 118 1201 Fourth Ave. Eastman 31023 Collins, Marcus E., Sr. 144 Route 1 Pelham 31779 Colwell, Carlton 4-Post 1 P.O. Box 6 Blairsville 30512 Connell, Jack 87 P.O. Box 308 Augusta 30903 Res.: 706 Montrose Ct. Augusta 30904 Cooper, Bill 19-Post 3 2432 Powder Springs Rd., Marietta 30064 Cox, Walter E. 141 202 West St. Bainbridge 31717 Crawford, John G. 5 Rural Rte. 1, Box 404 Lyerly 30730 Crosby, Tom, Jr. 150 705 Wacona Dr. Waycross 31501 Culpepper, Bryant 98 Quail Hollow Fort Valley 31030 Daniel, G. F. (Danny), Jr. 88 803 Johns Road Augusta 30904 Daugherty, J. C., Sr. 33 202 Daugherty Bldg. 15 Chestnut St., S.W. Atlanta 30314 Davis, Burl 99 Law Plaza 740 Mulberry St. Macon 31201 Dean, Douglas C. 29 356 Arthur St., S.W. Atlanta 30310 Dent, R. A. 85 1120 Pine Street Augusta 30901 Dixon, Harry D. 151 1303 Coral Road Waycross 31501 Dover, William J. (Bill) 11 Timbrook Hollywood 30523 Edwards, Ward 110 P.O. Box 146 Butler 31006 Elliott, Ewell (Hank), Jr. 49 411 Decatur Fed. Bldg., Decatur 30030 Evans, Warren D. 84 P.O. Box 539 Thomson 30824 Felton, Mrs. Dorothy 22 465 Tanacrest Drive, N.W., Atlanta 30328 Fortune, James R. (Jim), Jr. 71-Post 1 P.O. Box 116 Griffin 30224 Foster, R. L. 6-Post 2 4899 Tibbs Bridge Rd., S.E., Dalton 30720 Fuller, Ken 16 5 Lenox Circle Rome 30161 Galer, Mary Jane 97 7236 Lullwater Rd., Columbus 31904 Gammage, Lynn 17 106 N. College St. Cedartown 30125 Gignilliat, Arthur M., Jr. 122 36 Althea Pkwy. Savannah 31405 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 Bldg. Atlanta 30303 Ham, Benson 80 20 E. Main St. Forsyth 31029 Hamilton, Mrs. Grace T. 31 582 University Pl., N.W., Atlanta 30314 Hanner, Bob 130 Route 1 Parrott 31777 Harris, Joe Frank 8-Post 1 712 West Avenue Cartersville 30120 Harrison, Carl 20-Post 2 P.O. Box 1374 Marietta 30060 Hasty, William G. Bill, Jr. 8-Post 2 R-8 Hilton Drive Canton 30114 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 Rt. #3 Chattanooga, Tenn. 37409 Hill, Bobby L. 127 923 W. 37th St. Savannah 31401 Holmes, Bob 39 2073 Cascade Rd., S.W. Atlanta 30311 Horne, Frank 104 612 Ga. Power Bldg. Macon 31201 Horton, Gerald T. 43-Post 2 1230 Healey Bldg. 57 Forsyth St., N.W. Atlanta 30303 Housley, Eugene (Gene) 21-Post 1 1011 Housley Rd. Marietta 30066 Hutchinson, R. S. Dick 133 915 6th Avenue Albany 31701 Irvin, Jack 10 Route 1 Baldwin 30511 Isakson, Johnny 20-Post 1 1584 Roswell Rd. Marietta 30060 Jackson, Jerry D. 9-Post 3 P.O. Box 7275 Chestnut Mtn. 30502 Jackson, William S. (Bill) 77 3907 Washington Rd. Martinez 30907 Jessup, Ben 117 101 Cherry St. Cochran 31014 Johnson, Gerald L. 66-Post 1 P.O. Box 815 Carrollton 30117 Johnson, Philip A. 74 P.O. Box 846 Covington 30209 Johnson, Rudolph 72-Post 4 5604 Reynolds Rd. Morrow 30260 Johnston, Joe J. 56-Post 2 4190 Kimlie Cove Decatur 30035 Jones, Bill 78 233 McDonough Rd. Jackson 30233 Jones, Herbert, Jr. 126 413 Arlington Rd. Savannah 31406 Kaley, Max D. 19-Post 2 260 Washington Ave. Marietta 30061 Karrh, Randolph C. 106 P.O. Drawer K Swainsboro 30401 Kemp, Ren D. 139 P.O. Box 497 Hinesville 31313 Kilgore, Thomas Mac 65 1992 Tara Circle Douglasville 30135 Knight, Nathan G. 67 P.O. Box 1175 Newnan 30263 Lambert E. Roy 112 Home: 543 N. Main St. Office: P.O. Box 169 Madison 30650 Lane, Dick 40 2704 Humphries St. East Point 30344 Lane, W. Jones 81 P.O. Box 484 Statesboro 30458 Lawson, Bobby 9-Post 2 660 Fulton Drive Gainesville 30501 Lee, Wm. J. Bill 72-Post 1 5325 Hillside Dr. Forest Park 30050 Linder, John 44 5039 Winding Branch Drive, Dunwoody 30338 Logan, Hugh 62 1328 Prince Ave. Athens 30601 Long, Bobby 142 6th Street, N.W. P.O. Box 202 Cairo 31728 Lord, Jimmy 105 P.O. Box 254 Sandersville 31082 Lucas, David E. 102 448 Woolfolk St. Macon 31201 Mangum, Wm. C. (Bill), Jr. 56-Post 1 4320 Pleasant Forest Drive, Decatur 30034 Mann, Charles C. 13-Post 3 238 Elbert Street Elberton 30635 Marcus, Sidney J. 26 845 Canterbury Rd., N.E., Atlanta 30324 Martin, Charles 60 470 Hill Street Buford 30518 Matthews, Hugh D. 145 Route 1 Moultrie 31768 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 Moody, Lundsford 138-Post 1 P. O. Box 32 Baxley 31513 Moore, James C. 152-Post 1 Route 2 West Green 31567 Mostiler, John L. 71-Post 2 150 Meadowvista Dr. Griffin 30223 Mullinax, Edwin G. (Ed) 69 P.O. Drawer 1649 LaGrange 30241 Murphy, Thomas B. 18 P.O. Land 163 Bremen 30110 Murray, Bill 116 124 W. Forsyth Street Americus 31709 Nessmith, Paul E., Sr. 82 Route #4 Statesboro 30458 Nichols, Michael C. 27 825 Penn Ave., N.E. Atlanta 30308 Nix, Ken 20-Post 3 3878 Manson Ave. Smyrna 30080 Oldham, Lucian K. 14 Home: 5 Vineland Dr. Bus.: Central Plaza Shopping Center Rome 30161 Padgett, M. J. Mike 86 Bennock Mill Rd. Augusta 30906 Parham, Bobby Eugene 109 P.O. Box 606 Milledgeville 31061 Parkman, Lillian H. 134 106 Holley Drive Albany 31705 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 P.O. Box 166 Soperton 30457 Phillips, Robert P. Bobby III 125 P.O. Box 8305 Savannah 31412 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. 135 913 Third Ave., E. 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 P.O. Box 245 Lincolnton 30817 Rowland, J. Roy 119 103 Woodridge Road Dublin 31021 Russell, John D. 64 P.O. Box 588 Winder 30680 Savage, John 25 69 Inman Circle Atlanta 30309 Scott, Albert (Al) 123 859 East 31st St. P.O. Box 1704 Savannah 31402 Scott, David 37 190 Wendell Dr., S.E. Atlanta 30315 Sise, Robert C. (Bob) 143 P.O. Box 881 Thomasville 31792 Sizemore, Earleen Wilkerson 136 Route 3 Sylvester 31791 Smith, Tommy 152-Post 2 Route 1 Alma 31510 Smith, Virlyn B. 42 330 Rivertown Road Fairburn 30213 Smyre, Calvin 92 P.O. Box 181 Columbus 31902 Snow, Wayne, Jr. 1-Post- Mailing: P.O. Box 26 Rossville 30741 Res.: Route 2, Chickamauga 30707 Steinberg, Cathey W. 46 1732 Dunwoody Place, N.E., Atlanta 30324 Swann, David J. 90 804 Camellia Rd. Augusta 30909 Thomas, Charles A., Jr. 66-Post 2 P.O. Box 686 Temple 30179 Thompson, Albert W. 93 P.O. Box 587 Columbus 31902 Tolbert, Tommy 56-Post 3 1569 Austin Dr. Decatur 30032 Townsend, Kiliaen V. R. 24 214 Townsend Place Atlanta 30327 Triplett, Tom 128 P.O. Box 9586 Savannah 31402 Tuten, James R., Jr. 153 528 Newcastle St. Brunswick 31520 Twiggs, Ralph 4-Post 2 P.O. Box 432 Hiawassee 30546 Vandiford, Douglas 53 3201 Kensington Road Avondale Estates 30002 Vaughn, Clarence R., Jr. 57 2150 Miller Chapel Rd. 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 1694 Little Fawn Drive Lawrenceville 30245 Ware, J. Crawford 68 P.O. Box 305 Hogansville 30230 Watkins, Mrs. Lottie Heywood 34 107 Mathewson Place, S.W., Atlanta 30314 Watson, Roy H. (Sonny), Jr. 114 P.O. Box 1905 Warner Robins 31093 White, John 132 P.O. Box 3506 Albany 31706 Williams, Mrs. Betty Jo 48 2024 Castleway Drive, N.E., Atlanta 30345 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 1417 Gainesville 30501

"GA1979.1.2059">

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1978-1979 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Wayne Snow, Jr. P.O. Box 26 Rossville 30741 1-Post 2 Forest P. 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 Chatsworth 30705 4-Post 1 Carlton Colwell P.O. Box 6 Blairsville 30512 4-Post 2 Ralph Twiggs P.O. Box 432 Haiwassee 30546 5 John G. Crawford RFD #1, Box 404 Lyerly 30730 6-Post 1 Roger Williams 132 Huntington Rd. 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 Ave. Cartersville 30120 8-Post 2 William G. Bill Hasty, Sr. R-8 Hilton Dr. Canton 30114 8-Post 3 Wendell T. Anderson, Sr. Route 4 Canton 30114 9-Post 1 Joe T. Wood P.O. Box 1417 Gainesville 30501 9-Post 2 Bobby Lawson 660 Fulton Drive Gainesville 30501 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mtn. 30502 10 Jack Irvin Route 1 Baldwin 30511 11 William J. (Bill) Dover Timbrook Hollywood 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 Ken Fuller 5 Lenox Circle Rome 30161 17 Lynn Gammage 106 North College St. Cedartown 30125 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 19 Joe Mack Wilson 77 Church Street Marietta 30060 19-Post 2 Max D. Kaley 260 Washington Ave. Marietta 30060 19-Post 3 Bill Cooper 2432 Powder Springs Rd., Marietta 30064 20-Post 1 Johnny Isakson 1584 Roswell Road Marietta 30060 20-Part 2 Carl Harrison P. O. Box 1374 Marietta 30061 20-Post 3 Ken Nix 3878 Manson Avenue Smyrna 30080 21-Post 1 Eugene (Gene) Housley 1011 Housley Road Marietta 30066 21-Post 2 A. L. (Al) Burruss P.O. Box 6338-A Marietta 30065 22 Mrs. Dorothy Felton 465 Tanacrest Dr., N.W., Atlanta 30328 23 Luther S. Colbert 140 Calais Court Roswell 30075 24 Kiliaen V. R. Townsend 214 Townsend Place Atlanta 30327 25 John Savage 69 Inman Circle Atlanta 30309 26 Sidney J. Marcus 845 Canterbury Rd., N.E., Atlanta 30324 27 Michael C. Nichols 825 Penn Ave., N.E. Atlanta 30308 28 Alveda King Beal 385 Pine St., N.E. 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., N.W. Atlanta 30314 33 J. C. Daugherty, Sr. 202 Daugherty Bldg. 15 Chestnut St., S.W. Atlanta 30314 34 Mrs. Lottie Heywood Watkins 107 Mathewson Pl., 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 Dr., S.E. Atlanta 30315 38 Mrs. Henrietta Mathis Canty 2211 Cascade Rd., S.W. Atlanta 30311 39 Bob Holmes 2073 Cascade Rd., S.W. Atlanta 30311 40 Dick Lane 2704 Humphries St. East Point 30344 41 Greg Pilewicz 2307 Plantation Dr. East Point 30344 42 Virlyn B. Smith 330 Rivertown Road Fairburn 30213 43-Post 1 Charles L. Carnes 1079 Spring St., N.W. Atlanta 30309 43-Post 2 Gerald T. Horton 1230 Healey Building 57 Forsyth St., N.W. Atlanta 30303 43-Post 3 John J. Greer 802 Healey Building Atlanta 30303 44 John Linder 5039 Winding Branch Dr., Dunwoody 30338 45 George Williamson 3358 Rennes Drive Atlanta 30319 46 Cathey W. Steinberg 1732 Dunwoody Place, N.E., Atlanta 30324 47 Joe Burton 2598 Woodwardia Rd., N.E., Atlanta 30345 48 Mrs. Betty Jo Williams 2024 Castleway Dr., N.E., Atlanta 30345 49 Ewell (Hank) Elliott, Jr. 411 Decatur Fed. Bldg. Decatur 30030 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 Douglas Vandiford 3201 Kensington Road Avondale Estates 30002 54 Rev. Hosea L. Williams 8 East Lake Drive, N.E. Atlanta 30317 55 Betty J. Clark P.O. Box 17852 Atlanta 30316 56-Post 1 Wm. C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr., Decatur 30034 56-Post 2 Joe J. Johnston 4190 Kimlie Cove Decatur 30035 56-Post 3 Tommy Tolbert 1569 Austin Drive Decatur 30032 57 Clarence R. Vaughn, Jr. 2150 Miller Chapel Rd. Conyers 30207 58 Cas Robinson 4720 Fellswood Drive Stone Mountain 30083 59 R. T. (Tom) Phillips 1703 Pounds Road Stone Mountain 30087 60 Charles C. Martin 470 Hill Street Buford 30518 61 Vinson Wall 1694 Little Fawn Dr. Lawrenceville 30245 62 Hugh Logan 1328 Prince Avenue Athens 30601 63 Bob Argo P.O. Box 509 Athens 30603 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 Charles A. Thomas, Jr. P.O. Box 686 Temple 30179 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 James R. (Jim) Fortune, Jr. P.O. Box 116 Griffin 30224 71-Post 2 John L. Mostiler 150 Meadowvista Dr. Griffin 30223 72-Post 1 Wm. J. Bill Lee 5325 Hillside Drive Forest Park 30050 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 5604 Reynolds Rd. Morrow 30260 73 G. Richard Chamberlin 630 North Henry Blvd. Stockbridge 30281 74 Philip A. Johnson P.O. Box 846 Covington 30209 75 Bobby Carrell P.O. Box 690 Monroe 30655 76 Ben Barron Ross P.O. Box 245 Lincolnton 30817 77 William S. (Bill) Jackson 3907 Washington Road Martinez 30907 78 Bill Jones 233 McDonough Rd. 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 P.O. Box 447 Louisville 30434 84 Warren D. Evans P.O. Box 539 Thomson 30824 85 R. A. Dent 1120 Pine St. Augusta 30901 86 M. J. Mike Padgett Bennock Mill Road Augusta 30906 87 Jack Connell Res: 706 Montrose Ct. Augusta 30904 Mailing: P.O. Box 308 Augusta 30903 88 G. F. (Danny) Daniel, Jr. 803 Johns Road Augusta 30904 89 Donald E. Cheeks 714 Westminster Ct. Augusta 30909 90 David J. Swann 804 Camilla 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. P.O. Box 709 Columbus 31902 95 Thomas B. Buck, III P.O. 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 Law Plaza 740 Mulberry St. 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 Metter 30439 108 Wilbur Edwin Baugh Box 926Gordon Road Milledgeville 31061 109 Bobby Eugene Parham P.O. Box 606 Milledgeville 31061 110 Ward Edwards P.O. Box 146 Butler 31006 111 Don Castleberry P.O. Box 377 Richland 31825 112 E. Roy Lambert Home: 543 N. Main St. Office: P.O. Box 169 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 P.O. Box 166 Soperton 30457 121 Thomas B. Tommy Clifton, Jr. P.O. Box 660 Lyons 30436 122 Arthur M. Gignilliat Jr. 36 Althea Parkway Savannah 31405 123 Albert (Al) Scott 859 East 31st St. P.O. Box 1704 Savannah 31402 124 Joseph A. (Joe) Battle 2308 Ranchland Drive Savannah 31404 125 Robert P. (Bobby) Phillips, III P.O. Box 8305 Savannah 31412 126 Herbert Jones, Jr. 413 Arlington Road Savannah 31406 127 Bobby L. Hill 923 W. 37th St. Savannah 31401 128 Tom Triplett P.O. Box 9586 Savannah 31402 129 George Chance P.O. Box 373 Springfield 31329 130 Bob Hanner Route 1 Parrott 31777 131 Charles Hatcher P.O. Box 750 Albany 31702 132 John White P.O. Box 3506 Albany 31706 133 R. S. Dick Hutchinson 915 6th Avenue Albany 31701 134 Lillian H. Parkman 106 Holley Drive Albany 31705 135 Howard H. Rainey 913 3rd Avenue, E. Cordele 31015 136 Earleen Wilkerson Sizemore Route 3 Sylvester 31791 137 Paul S. Branch, Jr. P. O. Box 99 Fitzgerald 31750 138-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 138-Post 2 Joe R. Greene P.O. Box 497 Jesup 31545 139 Rene D. Kemp P.O. Box 907 Hinesville 31313 140 Ralph J. Balkcom Route 1 Blakely 31723 141 Walter E. Cox 202 West Street Bainbridge 31717 142 Bobby Long P.O. Box 202 Cairo 31728 143 Robert C. (Bob) Sise P.O. Box 881 Thomasville 31792 144 Marcus E. Collins, Sr. Route 1 Pelham 31779 145 Hugh D. Matthews Route 1 Moultrie 31768 146-Post 1 Henry Bostick P.O. Box 94 Tifton 31794 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. 705 Waona Dr. Waycross 31501 151 Harry D. Dixon 1303 Coral Road Waycross 31501 152-Post 1 James C. Moore Route 2 West Green 31567 152-Post 2 Tommy Smith Route 1 Alma 31510 153 James R. Tuten, Jr. 528 Newcastle St. Brunswick 31520 154 Dean G. Auten 628 King Cotton Row Brunswick 31520

"GA1979.1.2067">

STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1978 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 1978 25 1 24 TOTALS 870 46 43 781

"GA1979.1.2068">

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 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613

"GA1979.1.2069">

Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain County Officerscompensation 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote: For202; Agn132 County vote: For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-54 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

"GA1979.1.2070">

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

"GA1979.1.2072">

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 For 1305 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] East Moultire Area: For2004; Agn165 [UNK] City vote: Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For99; Agn57 [UNK] Area 2-Colonial Heights Area: For145; Agn83 [UNK] Area 3-Crestwood Gardens Area: For27; Agn87 [UNK] Area 4-East Moultrie Area: For41; Agn147 [UNK] Area vote: Area 5-Tifton Highway Area: For29; Agn107 [UNK] Area 6-Sylvester Drive Area: For78; Agn144 [UNK] DeKalb 2932 City Court of Decatur 5-16-56 For12,520 Agn5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For:(a)4,743 For:(b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For 292 Agn 37 Glascock 3507 Sheriffcompensation 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 Houston 2510 City of Warner Robins 5- 8-56 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

"GA1979.1.2075">

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

"GA1979.1.2077">

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; Agn1 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

"GA1979.1.2081">

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 Agn827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810 Agn1629

"GA1979.1.2084">

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: For37; Agn55 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 For 276 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: For32; Agn62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3- 9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 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 Agn959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 McIntosh 2888 Clerk Superior Court Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952 Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3- 2-60 For 134 Agn 283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County Officerscompensation 3- 9-60 For3092 Agn 918 Walton 2063 County Commissioners 3- 9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3- 9-60 For3181 Agn 900 Wayne 2202 County Commissioners 3- 4-60 For 458 Agn1672 Whitfield 2003 County Commissioner 3- 2-60 For 955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3- 2-60 For1272 Agn 746 Whitfield 2019 Tax Commissioner 3- 2-60 For1227 Agn 806

"GA1979.1.2088">

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12, 269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 For 1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Board of County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 County Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of 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 For331 Agn954 Troup 2650 City of West Point 4-26-61 For143 Agn224

"GA1979.1.2091">

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 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5- 5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6- 1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11-6-62 For 450 Agn 484 Fulton 2473 City of East Point 5- 9-62 For 1 Agn 3 Fulton 2854 City of East Point 5- 9-62 For 1 Agn 6 Fulton 2861 City of East Point 5- 9-62 For 6 Agn 31 Fulton 3130 City of East Point 5- 9-62 For 25 Agn 22 Gwinnett 2364 Pinball machines 11- 6-62 For1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12- 5-62 Inside City: For385; Agn108 Outside City: For 58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29 Agn 4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For 234 Agn 66 Meriwether 2396 City of Manchester 3-28-62 For 251 Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224 Agn 67 Meriwether 2603 City of Manchester 3-28-62 For 231 Agn 76 Meriwether 2613 City of Manchester 3-28-62 For 227 Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15 Agn 0 Murray 2576 City of Chatsworth 6-23-62 For 143 Agn 183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County: For6612; Agn9103 City of Columbus: For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For 550 Agn 167 Oglethorpe 3202 City Court of Lexington 11- 6-62 For 392 Agn 180 Putnam 2440 Certain County Officerscompensation 11- 6-62 For 626 Agn129 Putnam 3048 Tax Commissioner 11- 6-62 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed area: For 13; Agn44 In City Tennille: For139; Agn58 Wayne 3110 Board of County Commissioners 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21

"GA1979.1.2094">

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For 511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissioner 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1- 8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508 For(2) 55 For(3) 842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243; Agn44 Outside City: For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10- 1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For1127 Agn 776 Irwin 2602 Tax Commissioner 5-28-63 For 91 Agn 279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6- 5-63 For 3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For 333 Agn 669 Pulaski 3436 Tax Commissioner 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For 1715 Agn 1838 Ware 2237 Board of County Commissioners 5-30-63 For 1727 Agn 1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For 1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For 1281 Agn 130

"GA1979.1.2097">

Georgia Laws 1964, January-February session: County Page No. SUBJECT Election Date of Result Appling 2681 Certain County Officerscompensation 6-17-64 For 2543 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 For 1174 Agn 613 Cook 2093 County Commissioners 3- 4-64 For 2003 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

"GA1979.1.2100">

Georgia Laws 1964, Extra Session: County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For 464 Agn 529 Barrow 2347 City of Winder 9- 9-64 For 507 Agn 372 Cobb 2075 Board of County Commissioners 7- 8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For 57 Agn 104 Troup 2256 City of Hogansville 9- 2-64 For 200 Agn 410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12- 2-64 For 216 Agn 32

"GA1979.1.2101">

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 For92 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 For51 For0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For422 McDuffie 2480 Coronercompensation 5-12-65 For105 Agn58 Putnam 2862 County Commissionerscompensation 6-16-65 For183 Agn199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For226 Agn49 Fire Dist. No. 2 For116 Agn46 Fire Dist. No. 3 For364 Agn535 Tift 2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For953 Agn353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For952 Agn381 Tift 2705 * Tax Commissionercompensation 6-16-65 For943 Agn361

"GA1979.1.2103">

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 For184 Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Dentan 4-6-66 For162 Agn58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40 Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27 Agn6 Meriwether 3403 City of Greenville 5-4-66 For24 Agn19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For180 Agn153 Pike 3170 City of Zebulon 4-30-66 For89 Agn14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603

"GA1979.1.2105">

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For185 Agn93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For179 Agn507 Bulloch 3483 City of Statesboro 7-28-67 For490 Agn111 Bulloch 2997 Town of Brooklet 9-1-67 For33 Agn3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6-7-67 For663 Agn570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For584 Agn135 Crisp 2691 County Board of Education 9-14-67 For266 Agn 32 Dooly 2467 City of Vienna 6-20-67 For12 Agn9 Dooly 2922 County Board of Education 6-20-67 For807 Agn173 Echols 3491 City of Statenville 5-15-67 For62 Agn106 Floyd 2163 City of Rome 4-26-67 For333 Agn794 Gordon 2898 Fire Protection Services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridge 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn757 Lowndes 2118 Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenville 4-3-67 For41 Agn0 Murray 2458 City of Chatsworth 5-31-67 For154 Agn19 Newton 2405 County Board of Education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn540 Pike 2448 Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 County Board of Education 9-6-67 For441 Agn65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 County Board of Education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn88 Thomas 2115 City of Thomasville 3-28-67 For841 Agn398 Turner 2694 City of Sycamore 5-26-67 For162 Agn51 Union 3064 Sheriffcompensation 6-28-67 For235 Agn790 Whitfield 2277 City of Dalton 4-19-67 For516 Agn607

"GA1979.1.2108">

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 Ang7,193 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 Agn1,341 Carroll 2841 County Board of Education 4-24-68 For 547 Agn1,087 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 Chattachoochee 2717 County Board of Education 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School System 11-5-68 For2,042 Agn1,755 Coffee 2177 County Board of Education 4-24-68 For 546 Agn1,101 Coffee 2181 County Commissioners 4-24-68 For 508 Agn1,100 Colquitt 2130 City of Moultrie 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Education 9-11-68 For2,048 Agn 320 Decatur 2565 County Board of Education 5-1-68 For 971 Agn1,104 Decatur 2756 City of Bainbridge 6-5-68 For 292 Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189 Agn1,025 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 Agn1,212 Grady 2120 County Board of Education 5-14-68 For2,249 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 Agn1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Education 11-5-68 For3,029 Agn1,420 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 Agn1,377 Rabun 2272 Board of County Commissioners 4-9-68 For1,205 Agn1,144 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 For1,155 Agn 887 Walton 2974 County Board of Education 6-18-68 For1,709 Agn 265 Wayne 3361 County Board of Education 9-11-68 For1,140 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

"GA1979.1.2112">

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For 180 Agn 277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For 514 Agn 295 Butts 2456 County Board of Education 5-22-69 For 422 Agn 566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5- 6-69 For 326 Agn 86 Charlton 2665 County Board of Education 7-15-69 For 143 Agn 287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For 1600 Agn 718 Sec. 2. For 624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For 1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For 773 Agn 179 Colquitt 2559 County Board of Education 6- 4-69 For 1071 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 For 1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For 3 Agn 2 Sec. 2Bohannon Rd. For 8 Agn 1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For 289 Agn 127 Outside city limits: For 22 Agn 198 Gilmer 2606 City of Ellijay 6-25-69 For 139 Agn 288 Hall 2346 City of Murrayville 6-11-69 For 81 Agn 104 Houston 3647 City of Warner Robins 6-17-69 For 1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For 2134 Agn 694 County vote: For 38 Agn 205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For 88 Agn 171 Laurens 2270 City of Dublin 5-28-69 For 121 Agn 106 Lincoln 3352 County Treasurer 11- 3-70 For 601 Agn 742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For 12,379 Agn 2,778 Muscogee County: For12,508 Agn 2,989 Pickens 3066 County School Superintendent 7- 2-69 For 52 Agn 885 Putnam 2670 Sheriffcompensation 6-12-69 For 282 Agn 409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For 372 Agn 328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For 283 Agn 408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For 218 Agn 470 Putnam 3900 Coronercompensation 6-12-69 For 290 Agn 403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For 271 Agn 82 Pulaski County: For 35 Agn 162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 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

"GA1979.1.2116">

Georgia Laws, 1970: County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11-3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 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 For648 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 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn 773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn 595 Elbert 2321 County Treasurer 11-3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4- 7-70 For 383 Agn1701 Emanuel 2153 County Board of Education 4- 7-70 Proposal # 11389 Proposal #2539 Proposal #3 173 Gordon 2657 County Board of Education 9- 9-70 For1798 Agn 868 Habersham 3091 City of Cornelia 5-20-70 For 166 Agn 42 Habersham 3094 City of Cornelia 5-20-70 For 121 Agn 88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11- 3-70 For election: 289 For Appointment: 240 Liberty 2053 City of Hinesville 3-26-70 For 520 Agn 402 Meriwether 3039 City of Woodbury 5-12-70 Inside City: For 83 Agn 60 Outside City: For 3 Agn 32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn 350 Monroe 3030 County Board of Education 11-3-70 For815 Agn503 Murray 2365 City of Chatsworth 5-9-70 For133 Agn260 Peach 2647 County Board of Education 6-10-70 For544 Agn198 Pulaski 2880 Fire Protection Districts 5-19-70 For142 Agn140 Spalding 2651 City of Griffin 11-3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5-5-70 For822 Agn1743 Stephens 2436 County Board of Education 5-5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For269 Agn123 Thomas 3369 Board of County Commissioners 5-26-70 For920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For11 Agn0 Harris County For15 Agn0 City West Point For83 Agn3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11-3-70 For807 Agn1113 Washington 3104 County Board of Education 6-3-70 For439 Agn537

"GA1979.1.2119">

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For395 Agn219 Bibb 3926 County Board of Education 11-2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For115 Agn289 Brooks 2892 County Board of Education 6-9-71 For215 Agn526 Brooks 3278 City of Quitman 6-15-71 For82 Agn259 Burke 3328 City of Waynesboro 6-15-71 For74 Agn16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For335 Agn1,427 Decatur 2649 County Board of Education 4-29-71 For766 Agn496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For713 Agn547 Gilmer 3471 County Board of Education 6-16-71 For107 Agn90 Glynn 3550 City of Brunswick 6-15-71 For102 Agn266 Grady 2967 County School Superintendent 7-20-71 For625 Agn1,049 Gwinnett 3613 City of Duluth 6- 7-71 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 Agn6,481 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 Agn4,022 DeKalb 2154 City of Doraville 12-1-71 For441 Agn127 Haralson 2200 County Board of Education 1-12-72 For284 Agn1,043

"GA1979.1.2123">

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. For1,309 Agn708 Baldwin 3325 County Board of Education 11-7-72 * For2,708 Agn2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For3 Agn10 Sec. 2, Area 2 For13 Agn65 Sec. 3, Area 3 For1 Agn50 Sec. 4, Area 4 For30 Agn78 Sect. 5, Area 6 For35 Agn155 Sec. 6, Area 7 For16 Agn20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 _____ _____ 9,581 12,104 City of Macon * * County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 _____ _____ 10,177 15,531 Bibb County Brantley 3141 Board of County Commissioners 8-8-72 * For1,387 Agn921 Brantley 3144 Salary increase for county officers 8-8-72 * For940 Agn1,377 Brantley 3145 Salary of deputy sheriffs 8- 8-72 * 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

"GA1979.1.2128">

Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

"GA1979.1.2129">

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 Yes45 No588 Brantley 3631 City of Nahunta Election Results Not Known Chatham 2268 Savannah-Chatham County government 6-12-76 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019 Chatham County For3,157 Agn6,666 City of Savannah For12,039 Agn4,090 Chatham 3693 City Savannah Beach 6- 2-73 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 No 1,125 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

"GA1979.1.2131">

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 Yes: 4833 No: 2928 held on County Vote same date) Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty. Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4- 9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6- 5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4- 9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11- 5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11- 5-74 # Yes: 434,559 No: 363,947 ***Common Day of Rest Act results tabulated infra.

"GA1979.1.2133">

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

"GA1979.1.2135">

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.

"GA1979.1.2136">

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: 41,355 Dodge 3031 County Board of Education elected 11- 4-75 For: 1,206 Agn: 367 Douglas 2506 County Commissionersincrease membership 5-14-75 For: 642 Agn: 739 Gordon 2719 Create Board of Commissioners for County 7- 8-75 For: 1,500 Agn: 972 Greene 4270 County Board of Education 5- 4-76 * Yes: 748 No: 926 Hall 3574 Board of County Commissioners 8-10-76 # Yes: 8,951 No: 3,890 ** ** This Act ruled invalid by U.S. Justice Department on August 18, 1975. Harris 2960 County Board of Education Superintendent 7- 8-75 For: 511 Agn: 147 Harris 4369 City of Shilohcharter amended Status Unknown Heard 4433 Board of County Commissioners 7- 9-75 For: 520 Agn: 469 Henry 4133 City of Stockbridgecharter amendment 7-26-75 For: 113 Agn: 128 Newton 3577 County Board of Education 9-10-75 For: 1,353 Agn: 1,582 Paulding 2916 County Board of Commissioners created 8-26-75 For: 1,765 Agn: 949 Spalding 2771 Town of Orchard Hill 5-27-75 Inside Town For: 17 Agn: 5 Outside Town For: 20 Agn: 31 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)

"GA1979.1.2137">

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)

"GA1979.1.2138">

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

"GA1979.1.2140">

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.

"GA1979.1.2141">

Referendum Election Results: Acts of the 1978 Session of the General Assembly County Page No. SUBJECT Date of Election Result Bryan 3774 Board of Education 5- 2-78 Yes: 739 No: 259 Butts 3368 Board of Education 11- 7-78 * * Date of General Election 1978 Yes: 886 No: 539 Chatham 932 Alcoholic beverages on Sunday 8- 8-78 ** ** Date of General Primary 1978 Yes: 2,022 No: 1,863 Chatham County (Unincorporated area) Yes: 154 No: 318 Garden City Yes: 89 No: 171 Port Wentworth Yes: 23 No: 50 Bloomingdale Yes: 85 No: 152 Pooler Yes: 142 No: 77 Thunderbolt Yes: 307 No: 171 Tybee Island Yes: 25 No: 14 Vernonburg Yes: 6,870 No: 4,768 Savannah Yes: 663 No: 166 Chatham 4132 City of Garden City 5-22-78 Yes: 14,407 No: 8,091 Chatham 4073 City of Bloomingdale Not Held Yes: 6,783 No: 9,753 Chatham 3998 City of Savannah 4-19-78 Yes: 778 No: 1,446 Chatham 4466 Municipal Court of Savannah 8- 8-78 ** Yes: 2,449 No: 2,308 Chattooga 3848 Board of Education 11- 7-78 * Yes: 3,710 No: 3,268 Cherokee 3029 County Commissioners 4- 4-78 Yes: 887 No: 1,569 Clarke 4573 Use of School Tax in Clarke County 11- 7-78 * Yes: 95 No: 96 Columbia 3359 Board of Education 11- 7-78 * Yes: 18,829 No: 34,766 DeKalb 3639 City of Clarkston 10-18-78 Yes: 643 No: 1,018 DeKalb 4104 Board of Education 11- 7-78 * Yes: 737 No: 232 Hart 3177 County Commissioners 11- 7-78 * Yes: 202 No: 131 Macon 4217 Tax Commissioner 11- 7-78 * Yes: 861 No: 300 McDuffie 3666 Board of Education 5-16-78 Yes: 453 No: 692 Rabun 3427 School Board and Superintendent 11- 7-78 * Yes: 179 No 167 Rabun 3430 Board of Education 11- 7-78 * #1 386 Rockdale 3868 City of Conyers 7- 8-78 #2 231 Telfair 3445 School Board and Superintendent 11- 7-78 * #3 323 Thomas 3746 Tax Commissioner 11- 7-78 * Yes: 2,679 No: 820 Thomas 3741 Judge Probate Court, Compensation 11-7-78 * Yes: 2,683 No: 802 Thomas 3752 Clerk Superior Court, Compensation 11-7-78 * Yes: 2,674 No. 797 Twiggs 3408 County Commissioners 8-8-78 ** Yes: 1,067 No: 805 Whitfield 3365 City of Varnell Not Held (Civil Action File No. 18,462) 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 refer to the Act which called for the referendum.

"GA1979.1.2143">

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XII, Section I, Paragraph I of the Constitution of the State of Georgia of 1976, thirty-six (36) general Constitutional Amendments and eighty-seven (87) local Constitutional Amendments were submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 7, 1978; and WHEREAS: The number of votes cast for and against the ratification of the one hundred and twenty-three (123) Constitutional Amendments voted on in the General Election held on November 7, 1978, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certifications are attached hereto and by reference are made a part hereof; and WHEREAS: Section 34-1511 (f) of the Georgia Election Code provides that the Governor shall issue his proclamation declaring the results of the vote of each proposed Constitutional Amendment. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY PROCLAIMED: That proposed Constitutional Amendments numbers 8, 9, 10, 11, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 34, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 53, 54, 56, 57, 58, 59, 61, 62, 63, 64, 65, 66, 67, 69, 71, 72, 73, 74, 75, 76, 77, 79, 80, 81, 83, 84, 85, 86, 87, 88, 89, 91, 92, 93, 95, 96, 97, 99, 102, 104, 106, 107, 108, 109, 110, 111, 113, 115, 116, 118, 119, 122 and 123 which appeared upon the 1978 General Election ballot, having been ratified according to the Constitution of the State of Georgia of 1976 according to the results of the November 1978 General Election held on Tuesday, November 7, 1978, are a part of the Constitution of the State of Georgia of 1976. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1979. FURTHER: I do proclaim that proposed Constitutional Amendments numbers 1, 2, 3, 4, 5, 6, 7, 12, 13, 17, 25, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 51, 55, 60, 68, 70, 78, 82, 90, 94, 98, 100, 101, 103, 105, 112, 114, 117, 120, 121 and 124 which appeared upon the 1978 General Election ballot, not having been ratified according to the Constitution of the State of Georgia of 1976

"GA1979.1.2144">

according to the results of the November 1978 General Election held on Tuesday, November 7, 1978, are not a part of the Constitution of the State of Georgia of 1976. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed. This seventh day of December, 1978. I, BEN W. FORTSON, JR., Secretary of State of the State of Georgia, do hereby certify, that in the General Election held in this State November 7, 1978, the number of votes cast for and against the thirty-six (36) General Constitutional Amendments voted on in said election are tabulated on the five typewritten pages hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 23rd day of November, in the year of our Lord One Thousand Nine Hundred and Seventy-eight and of the Independence of the United States of America the Two Hundred and Third.

"GA1979.1.2145">

YES NO 1. Shall the Constitution be amended so as to completely revise Article II relating to the elective franchise? 210,846 252,194 2. 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? 231,146 236,779 3. Shall the Constitution be amended so as to provide that a special commission shall be authorized to incorporate amendments into the Constitution? 165,722 306,827 4. Shall the Constitution be amended so as to provide for four-year terms for members of the General Assembly effective with those members elected at the general election in 1978 and thereafter? 136,223 411,957 5. Shall the Constitution be amended so as to permit the issuance of general obligation debt of the State for the purpose of constructing, acquiring, improving, extending and enlarging buildings and facilities for public and independent school systems? 220,679 258,268 6. Shall the Constitution be amended so as to authorize the State Board of Education to establish and maintain a curriculum laboratory, to charge reasonable fees, and to retain the revenues produced therefrom for the purposes of such curriculum laboratory? 221,766 257,718 7. Shall the Constitution be amended so as to provide the circumstances under which the authority and obligation of the governing authorities of counties which have wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax for educational purposes not to exceed 1 mills on all property located within the county, including property located within any independent school district, upon the request of the boards of education of such counties shall be terminated? 161,290 289,851 8. Shall the Constitution be amended so as to provide that any disabled veteran who is a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia? 334,045 172,187 9. Shall the Constitution be amended 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 purposes of providing training to law enforcement officers and prosecuting officials? 269,765 218,476 10. 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 compensation therefor may be paid when the same has been finally fixed and determined as provided by law? 293,891 189,565 11. 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? 277,333 191,599 12. Shall the Constitution be amended so as to authorize the General Assembly to exempt swine, bovines (cattle), and horses from all ad valorem taxation? 199,005 291,436 13. 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? 217,028 251,111 14. 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? 275,330 214,692 15. 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? 328,765 152,332 16. Shall the Constitution be amended so as to provide for the effective date of amendments to the Constitution? 293,146 165,407 17. 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? 153,802 300,733 18. 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? 312,755 177,450 19. 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? 304,113 175,271 20. Shall the Constitution be amended so as to provide for the publication of a summary of each proposed general amendment to the Constitution? 245,202 216,317 21. 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? 270,173 183,973 22. 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? 304,984 206,658 23. 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? 331,877 152,437 24. Shall the Constitution be amended so as to require a notice of candidacy of write-in candidates in special elections? 237,594 228,856 25. 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? 144,109 315,347 26. 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 may operate a sanitary landfill or garbage disposal system? 179,204 240,516 27. 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? 181,225 239,910 28. 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? 153,862 255,250 29. 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? 164,961 242,767 30. 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? 176,178 244,147 31. 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 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? 165,701 243,982 32. 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? 162,030 248,200 33. Shall the Constitution be amended so as to provide that the requirement that 51% of the registered voters in each county school district or independent school system concerned in a proposed merger thereof shall apply only in counties having a population of more than 600,000 according to the United States Decennial Census of 1970? 149,551 264,272 34. Shall the Constitution be amended so as to change the definition of the term `income' with respect to determining the right to the $10,000.00 homestead exemption for certain disabled persons and persons 65 years of age or older of Fulton County so that the term `income' shall not include Federal old-age, survivors or disability insurance benefits and benefits under the Federal Railroad Retirement Act? 233,960 186,295 35. 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? 156,911 218,043 36. 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? 155,196 215,652

"GA1979.1.2152">

A PROCLAMATION I, BEN W. FORTSON, JR., Secretary of State of the State of Georgia, do hereby certify that the attached fifteen pages of typewritten matter constitute a true and correct copy of the votes cast in this State in the General Election held on November 7, 1978, for and against Local Constitutional Amendments number thirty-seven (37) through one hundred twenty-four (124), excluding number fifty-two (52); all as same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 1st day of December, in the year of our Lord One Thousand Nine Hundred and Seventy-eight and of the Independence of the United States of America the Two Hundred and Third. YES NO 37. ATKINSON COUNTY 92 150 Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Atkinson County shall have jurisdiction? 38 BANKS COUNTY 605 144 Shall the Constitution be amended so as to provide that each resident of Banks County who 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? 39. BIBB COUNTY AND JONES COUNTY City of Macon (Bibb County) 7,133 2,322 City of Macon (Jones County) 6 2 Shall the Constitution be amended so as to increase the pensions paid to certain widows and children of deceased members of the Firemen and Police Pension Fund of the City of Macon? 40. BIBB COUNTY AND JONES COUNTY City of Macon (Bibb County) 7,825 1,691 City of Macon (Jones County) 5 3 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? 41. BIBB COUNTY AND JONES COUNTY Bibb County 6,810 4,440 Each City within Bibb County: City of Macon (Bibb County) 4,845 2,792 City of Bayne City (Bibb County) 13 5 City of Macon (Jones County) 3 3 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? 42. BROOKS COUNTY 435 397 Shall the Constitution be amended so as to increase the civil jurisdiction of justices of the peace in Brooks County from $200.00 to $500.00? 43. BUTTS COUNTY 1,111 401 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 retirment benefits? 44. CARROLL COUNTY City of Whitesburg (Carroll County) 63 19 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Whitesburg in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Whitesburg ad valorem taxes? 45. CARROLL COUNTY City of Carrollton (Carroll County) 1,193 399 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Carrollton in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Carrollton ad valorem taxes? 46. CARROLL COUNTY City of Temple (Carroll County) 152 30 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Temple in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Temple ad valorem taxes? 47. CARROLL COUNTY AND DOUGLAS COUNTY City of Villa Rica (Carroll County) 323 58 City of Villa Rica (Douglas County) 5 1 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Villa Rica in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Villa Rica ad valorem taxes? 48. CARROLL COUNTY City of Bowdon (Carroll County) 166 37 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Bowdon in an amount to be fixed by the governing authority of the city at not more than $2,000.00 from all City of Bowdon ad valorem taxes? 49. CARROLL COUNTY Town of Roopville (Carroll County) 36 11 Shall the Constitution be amended so as to provide for a homestead exemption for residents of the Town of Roopville in an amount to be fixed by the governing authority of the town at not more than $2,000.00 from all Town of Roopville ad valorem taxes? 50. CARROLL COUNTY 2,647 1,691 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? 51. CATOOSA COUNTY AND WALKER COUNTY Catoosa County 597 1,449 City of Fort Oglethorpe (Within Catoosa County) 193 292 City of Fort Oglethorpe (Within Walker County) 2 0 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 bonds for the purpose of building a stadium and recreational facilities? 53. CHARLTON COUNTY 290 199 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? 54. CHATHAM COUNTY City of Savannah (Chatham County) 2,853 2,186 Shall the Constitution be amended so as to authorize the Mayor and Aldermen of the City of Savannah to issue an additional ten (10%) percent of its total unused bond capacity, but not more than one million ($1,000,000.00) dollars in general obligation bonds in any fiscal year without a referendum, but subject to a public hearing and the limitations imposed, for street and drainage improvements? 55. CHATHAM COUNTY 3,925 4,322 City of Savannah (Chatham County) 2,929 2,669 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? 56. CHATHAM COUNTY 5,610 2,660 City of Savannah 3,918 1,671 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? 57. CHATHAM COUNTY 7,134 1,965 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 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? 58. CHATHAM COUNTY 7,288 1,893 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? 59. CHEROKEE COUNTY 1,418 1,096 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? 60. CLARKE COUNTY 2,768 3,430 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? 61. CLAYTON COUNTY City of Morrow 617 120 Shall the Constitution be amended so as to provide that residents of the City of Morrow who are sixty-five years of age or over or who are totally disabled, and whose gross income does not exceed $4,000.00 per annum, shall be granted a homestead exemption of $8,000.00 from ad valorem taxation by said city? 62. CLINCH COUNTY 180 146 Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Clinch County shall have jurisdiction? 63. COBB COUNTY 15,839 15,412 Shall the Constitution be amended so as to increase the dollar amount of civil cases over which the Justices of the Peace in Cobb County shall have jurisdiction from two hundred dollars to one thousand dollars? 64. COBB COUNTY AND DOUGLAS COUNTY City of Austell (Cobb County) 412 141 City of Austell (Douglas County) 2 0 Shall the Constitution be amended so as to authorize the City of Austell to grant a discount of up to two percent for prompt payment of ad valorem taxes? 65. COBB AND DOUGLAS COUNTY City of Austell (Cobb County) 421 145 City of Austell (Douglas County) 2 0 Shall the Constitution be amended so as to authorize the City of Austell to grant a $2,000.00 homestead exemption to persons aged sixty-five or over and to place an income limitation as a qualification for such exemption? 66. COBB COUNTY Cobb County School District 19.722 7,778 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? 67. COWETA COUNTY City of Newnan 997 413 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? 68. CRISP COUNTY 474 343 City of Cordele No votes certified Shall the Constitution be amended so as to provide for the increase in membership of the Crisp County-Cordele Industrial Development Authority? 69. DE KALB COUNTY 39,238 22,283 DeKalb County School District 35,647 21,040 Shall the Constitution be amended so as to provide that effective with tax years beginning after December 31, 1978, the county authorities of DeKalb County shall not levy the one mill tax for educational purposes which was authorized by an amendment to the Constitution of 1877, proposed by Ga. Laws 1943, p. 20, and ratified August 10, 1943, within the territory embraced in operating independent school systems? 70. DE KALB COUNTY 27,669 31,723 DeKalb County School District 25,918 30,694 Decatur School District 1,751 1,029 Shall the Constitution be amended so as to extend homestead exemptions from local property taxes to owner occupants of nonprofit cooperative housing corporations in DeKalb County? Each City within DeKalb County (excluding Atlanta) City of Avondale 194 248 City of Chamblee 299 373 City of Clarkston 176 186 City of Decatur 1,751 1,029 Dity of Doraville 350 492 City of Lithonia 72 61 City of Pine Lake 43 57 City of Stone Mountain 181 264 71. DE KALB COUNTY 32,998 26,955 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 adopted pursuant to such authority shall be conditioned for its effectiveness on approval of the voters of DeKalb County? 72. DE KALB COUNTY City of Lithonia 119 26 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 have a net income not exceeding $4,000.00 for the immediately preceding taxable year? 73. DE KALB COUNTY 35,203 26,341 DeKalb County School District 32,009 24,731 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? 74. DE KALB COUNTY 30,604 29,977 Shall the Constitution be amended 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? 75. DE KALB COUNTY DeKalb County School District 43,498 16,038 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 income 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? 76. DE KALB COUNTY 39,002 22,069 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? 77. DE KALB COUNTY 35,014 24,313 De Kalb County School District 32,134 22,641 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? 78. DE KALB COUNTY 24,915 34,570 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 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? 79. DE KALB COUNTY 43,528 17,903 DeKalb County School District 40,122 16,494 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? 80. DE KALB COUNTY DeKalb County School District 42,600 14,021 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? 81. DOUGLAS COUNTY City of Douglasville 538 158 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? 82. FAYETTE COUNTY 1,936 2,934 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? 83. FULTON COUNTY 37,131 27,020 Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the increase of retirement and pension benefits for individuals retired pursuant to an Act providing a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. Laws 1945, p. 528), as amended, and their beneficiaries, and ratifying any such increases heretofore authorized by the General Assembly? 84. FULTON COUNTY 41,764 24,934 Shall the Constitution be amended so as to create within Fulton County the Fulton County Industrial District? 85. FULTON COUNTY City of Union City 380 101 Shall the Constitution be amended so as to provide for homestead exemption for resident homeowners of the City of Union City in an amount of four thousand dollars ($4,000.00) for resident homeowners who are 65 years of age or older and have an annual income of six thousand dollars ($6,000.00) or less? 86. FULTON COUNTY AND DE KALB COUNTY City of Atlanta (DeKalb County) 1,328 547 City of Atlanta (Fulton County) 25,385 12,515 Shall the Constitution be amended so as to provide that social security income and Federal railroad retirement income shall not be included as adjusted gross income for the purpose of qualifying for City of Atlanta homestead exemptions for elderly persons with low incomes? 87. FULTON COUNTY 46,531 21,277 Fulton County School District 20,628 9,498 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 homestead, does not exceed the maximum amount which may be received by an individual and his spouse under the Federal Social Security Act? 88. FULTON COUNTY 34,297 29,733 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? 89. FULTON COUNTY 37,611 27,986 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 residents of south Fulton County? 90. FULTON COUNTY, CHEROKEE COUNTY, CLAYTON COUNTY, COWETA COUNTY, DEKALB COUNTY City of Mountain Park (Cherokee County) 0 0 City of Mountain Park (Fulton County) 30 49 City of College Park (Clayton County) 142 158 City of College Park (Fulton County) 860 941 City of Palmetto (Coweta County) 0 0 City of Palmetto (Fulton County) 89 154 City of Atlanta (DeKalb County) 1,103 616 City of Atlanta (Fulton County) 24,220 13,039 Fulton County 37,451 28,621 City of Alpharetta (Fulton County) 257 368 City of Red Oak* (Fulton County) *Not Required to Show this breakdown on advice of Attorney General City of Roswell (Fulton County) 1,581 1,346 City of Stonewall * (Fulton County) *Not Required to Show this breakdown on advice of Attorney General City of Union City (Fulton County) 185 256 City of East Point (Fulton County) 2,357 3,042 City of Fairburn (Fulton County) 195 315 City of Hapeville (Fulton County) 511 566 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? 91. FULTON COUNTY 37,761 26,448 Fulton County School District 17,225 11,570 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? 92. FULTON COUNTY City of Roswell 2,408 675 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? 93 GLASCOCK COUNTY 77 55 Shall the Constitution be amended so as to exempt the capital improvements of certain manufacturing establishments and certain additions thereto from all Glascock County ad valorem property taxes, except school taxes for a period of five years following their establishment or addition? 94 GWINNETT COUNTY Gwinnett County School District 5,398 11,998 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? 95. GWINNETT COUNTY 9,222 8,273 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? 96 HABERSHAM COUNTY City of Clarkesville 1,328 571 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? 97. HABERSHAM COUNTY 1,650 464 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? 98. HOUSTON COUNTY 2,686 5,377 Shall the Constitution be amended so as to provide that the County School Superintendent of Houston County shall be appointed by the Board of Education of Houston County? 99. HOUSTON COUNTY 4,765 3,373 Shall the Constitution be amended so as to provide for the election of a seven-member Board of Education of Houston County? 100. HOUSTON COUNTY 1,743 6,333 Shall the Constitution be amended so as to provide that each member of the Board of Education of Houston County shall receive compensation of $350.00 per month, payable in equal monthly installments from the funds of the board of education? 101. HOUSTON COUNTY 3,039 4,770 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? 102. JACKSON COUNTY 756 674 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? 103. JONES COUNTY 377 715 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? 104. LAMAR COUNTY 876 378 City of Barnesville 550 229 Shall the Constitution be amended so as to provide that if the City of Barnesville and County of Lamar Development Authority is dissolved for any reason, title to all property held by the Authority shall be conveyed to Lamar County and the City of Barnesville in the same proportion as their respective contributions to the Authority? 105. LANIER COUNTY 125 133 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? 106 LOWNDES COUNTY 1,887 1,159 Shall the Constitution be amended 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? 107. LOWNDES COUNTY 1,805 1,255 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? 108. MONROE COUNTY 636 218 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? 109. OCONEE COUNTY 1,784 673 Shall the Constitution be amended so as to provide for the President of the Oconee County Chamber of Commerce to be a member of the Oconee County Industrial Development Authority in lieu of having the President of the Athens Area Chamber of Commerce serve on such Authority? 110. PAULDING COUNTY 1,184 1,045 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? 111 PIKE COUNTY 740 405 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? 112. POLK COUNTY 1,007 1,217 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? 113. RICHMOND COUNTY 7,102 6,206 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? 114. ROCKDALE COUNTY 2,953 947 Each Municipality in Rockdale County (Conyers) No votes certified Shall the Constitution be amended so as to provide for the recall of elected officials of Rockdale County and of municipalities within Rockdale County? 115. ROCKDALE COUNTY City of Conyers 1,946 1,751 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? 116. SPALDING COUNTY 2,808 2,016 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? 117. STEPHENS COUNTY 687 877 City of Toccoa No votes certified 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? 118. STEPHENS COUNTY 1,372 332 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? 119. TROUP COUNTY AND HARRIS COUNTY City of West Point (Harris County) 176 34 City of West Point (Troup County) 286 51 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? 120. UPSON COUNTY 897 2,248 Shall the Constitution be amended so as to authorize the General Assembly to impose an additional tax of one percent of 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? 121. WALKER COUNTY 1,155 1,218 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? 122. WARE COUNTY 871 822 Shall the Constitution be amended so as to increase the jurisdiction of civil cases over which the Justices of the Peace of Ware County shall have jurisdiction? 123. WAYNE COUNTY 698 434 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? 124. WHITE COUNTY 560 643 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?

For any information regarding these ACTS and RESOLUTIONS please contact: DAVID B. POYTHRESS Secretary of State