Acts and resolutions of the General Assembly of the state of Georgia 1982 [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 19820000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1982 19820000 Compiled and Published by Authority of the State

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GEORGIA LAWS 1982 TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References iv Bills and ResolutionsAct Number References xii Acts and Resolutions of General Application 2A Resolutions Proposing Amendments to the Constitution 2503 Vetoes by the Governor, 1979 Session 2690 Map of Counties and Judicial Circuits 2705 Appellate CourtsPersonnel 2706 Superior CourtsPersonnel and Calendars 2707 IndexTabular 2717 IndexGeneral 2744 Population of Georgia CountiesAlphabetically 2798 Population of Georgia CountiesNumerically 2801 Georgia Senatorial Districts, Alphabetically by County 2803 Georgia Senators, Alphabetically by Name 2805 Georgia Senators, Numerically by District 2807 Georgia House Districts, Alphabetically by County 2809 Georgia Representatives, Alphabetically by Name 2811 Georgia Representatives, Numerically by District 2819 Status of Referendum Elections for the Years 1953-1980 2827 VOLUME TWO Acts by NumbersPage References iv Bills and ResolutionsAct Number References xii Acts and Resolutions of Local Application 3503 County Home Rule Actions 5119 Municipal Home Rule Actions 5173 Vetoes by the Governor, 1979 Session 5359 Map of Counties and Judicial Circuits 5374 Appellate CourtsPersonnel 5375 Superior CourtsPersonnel and Calendars 5376 IndexTabular 5386 IndexGeneral 5413 Population of Georgia CountiesAlphabetically 5467 Population of Georgia CountiesNumerically 5470 Georgia Senatorial District, Alphabetically by County 5472 Georgia Senators, Alphabetically by Name 5474 Georgia Senators, Numerically by District 5476 Georgia House Districts, Alphabetically by County 5478 Georgia Representatives, Alphabetically by Name 5480 Georgia Representatives, Numerically by District 5488 Status of Referendum Elections for the Years 1953-1980 5496

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Compiler's Note General Acts and Resolutions of the 1982 Session are grouped in Volume One beginning at page 1. Proposed amendments to the Constitution are grouped together beginning at page 2503, of Volume One. This volume is bound separately. Local and Special Acts and Resolutions are grouped in Volume Two beginning on page 3501. 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 1981 are printed in Volume Two beginning on page 5173. Home Rule Actions by Counties filed in the office of the Secretary of State during 1980 are printed in Volume Two beginning on page 5119. There are no numbered pages between 2905 and 3501. 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 828 3503 829 1 830 3 831 150 832 152 833 3508 834 3510 835 3519 836 156 837 3530 838 3562 839 3564 840 3568 841 3573 842 3575 843 158 844 158 845 165 846 3578 847 206 848 403 849 3582 850 410 851 412 852 420 853 3590 854 422 855 3592 856 425 857 3595 858 3598 859 3602 860 428 861 430 862 434 863 436 864 437 865 439 866 442 867 3607 868 444 869 3610 870 452 871 3612 872 3614 873 3616 874 3619 875 3621 876 479 877 3626 878 3627 879 3632 880 3638 881 486 882 3648 883 3678 884 3680 885 3684 886 3689 887 3692 888 3696 889 3700 890 3702 891 3705 892 488 893 493 894 495 895 3707 896 497 897 3715 898 501 899 3721 900 3723 901 3725 902 3728 903 3733 904 3736 905 3738 906 3745 907 3749 908 3753 909 3763 910 3766 911 3768 912 3772 913 3787 914 502 915 3789 916 3797 917 3803 918 504 919 3806

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920 3843 921 3844 922 3846 923 3848 924 3851 925 3852 926 3854 927 3859 928 3861 929 3864 930 3866 931 3870 932 3872 933 3881 934 3885 935 3887 936 506 937 3890 938 3892 939 3894 940 3897 941 3899 942 3910 943 3913 944 507 945 3916 946 3919 947 509 948 3920 949 511 950 3923 951 3925 952 3929 953 3931 954 3935 955 3938 956 3940 957 513 958 3941 959 515 960 3943 961 3947 962 3950 963 3954 964 4001 965 4003 966 4006 967 4009 968 518 969 4012 970 4022 971 4024 972 4031 973 4038 974 4040 975 4042 976 4044 977 4046 978 4047 979 4049 980 4055 981 4057 982 4060 983 4061 984 4063 985 4066 986 4068 987 4071 988 4074 989 4078 990 4081 991 4085 992 4087 993 4089 994 4092 995 4094 996 4101 997 4103 998 4107 999 4109 1000 4111 1001 4115 1002 4118 1003 4120 1004 4122 1005 4124 1006 4126 1007 520 1008 4131 1009 4134 1010 4138 1011 4139 1012 4148 1013 4154 1014 4157 1015 4162 1016 4166 1017 4174 1018 4181 1019 521

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1020 4184 1021 523 1022 4188 1023 4190 1024 4193 1025 4195 1026 4196 1027 4197 1028 526 1029 4199 1030 4208 1031 4209 1032 4211 1033 531 1034 4214 1035 4216 1036 4218 1037 4221 1038 4223 1039 4225 1040 4228 1041 4230 1042 4232 1043 533 1044 4235 1045 4239 1046 4242 1047 534 1048 4247 1049 536 1050 4249 1051 4251 1052 4255 1053 537 1054 538 1055 4258 1056 4270 1057 4274 1058 4277 1059 4283 1060 4285 1061 4288 1062 4291 1063 4293 1064 4295 1065 4298 1066 4300 1067 541 1068 543 1069 544 1070 4303 1071 4305 1072 546 1073 4306 1074 4309 1075 547 1076 4310 1077 548 1078 4321 1079 4322 1080 552 1081 4325 1082 4331 1083 4334 1084 4336 1085 4339 1086 4342 1087 4345 1088 4348 1089 4350 1090 4353 1091 4354 1092 4382 1093 4385 1094 4392 1095 4396 1096 4402 1097 4406 1098 4409 1099 4414 1100 4417 1101 4419 1102 4421 1103 4423 1104 4427 1105 575 1106 4428 1107 4431 1108 4435 1109 4439 1110 4441 1111 4443 1112 4445 1113 4448 1114 4450 1115 4452 1116 4465 1117 4469 1118 4471 1119 4473

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1120 4476 1121 4478 1122 4481 1123 4484 1124 4486 1125 4489 1126 4491 1127 4493 1128 4497 1129 4500 1130 581 1131 4501 1132 4503 1133 4505 1134 4506 1135 4508 1136 4510 1137 4512 1138 4515 1139 4517 1140 4520 1141 4522 1142 582 1143 4523 1144 4530 1145 4531 1146 585 1147 4536 1148 4537 1149 4540 1150 4544 1151 4546 1152 4548 1153 586 1154 4550 1155 4558 1156 4561 1157 4568 1158 4570 1159 588 1160 4575 1161 589 1162 4578 1163 4581 1164 590 1165 4583 1166 4584 1167 4586 1168 4589 1169 4592 1170 4594 1171 4596 1172 4599 1173 4601 1174 591 1175 592 1176 4604 1177 4606 1178 4611 1179 595 1180 4615 1181 4616 1182 4618 1183 4621 1184 4623 1185 4625 1186 4633 1187 4638 1188 4640 1189 4642 1190 4649 1191 4657 1192 4659 1193 596 1194 4665 1195 4668 1196 4670 1197 4672 1198 4674 1199 603 1200 615 1201 644 1202 650 1203 682 1204 684 1205 686 1206 688 1207 692 1208 694 1209 696 1210 698 1211 702 1212 706 1213 712 1214 718 1215 720 1216 723 1217 776 1218 779 1219 782

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1220 784 1221 786 1222 789 1223 792 1224 793 1225 796 1226 798 1227 800 1228 802 1229 804 1230 805 1231 807 1232 822 1233 824 1234 825 1235 826 1236 827 1237 830 1238 833 1239 834 1240 836 1241 843 1242 845 1243 847 1244 849 1245 850 1246 853 1247 856 1248 857 1249 864 1250 867 1251 869 1252 871 1253 873 1254 875 1255 877 1256 879 1257 881 1258 883 1259 886 1260 890 1261 892 1262 896 1263 897 1264 903 1265 906 1266 910 1267 913 1268 915 1269 920 1270 922 1271 925 1272 928 1273 930 1274 933 1275 4676 1276 934 1277 4717 1278 4725 1279 4781 1280 936 1281 4786 1282 4790 1283 4792 1284 4794 1285 4798 1286 4801 1287 937 1288 950 1289 952 1290 955 1291 959 1292 961 1293 964 1294 965 1295 968 1296 970 1297 974 1298 975 1299 978 1300 980 1301 982 1302 984 1303 986 1304 988 1305 989 1306 991 1307 993 1308 4829 1309 996 1310 4831 1311 4832 1312 4834 1313 4837 1314 4839 1315 4841 1316 4843 1317 4845 1318 4847 1319 4849

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1320 4852 1321 4853 1322 4859 1323 4861 1324 4864 1325 4867 1326 999 1327 1001 1328 1019 1329 1023 1330 1054 1331 1056 1332 1060 1333 1063 1334 1065 1335 1073 1336 1075 1337 1077 1338 1081 1339 1085 1340 4869 1341 4896 1342 1087 1343 4909 1344 4915 1345 4926 1346 4935 1347 4985 1348 4987 1349 1089 1350 1093 1351 1095 1352 1097 1353 1101 1354 1103 1355 1105 1356 1106 1357 1108 1358 1110 1359 1111 1360 1114 1361 1116 1362 1118 1363 1120 1364 1122 1365 1134 1366 1136 1367 1144 1368 1148 1369 1150 1370 1153 1371 1156 1372 1163 1373 5002 1374 1171 1375 1174 1376 1175 1377 1177 1378 1178 1379 5031 1380 1180 1381 1181 1382 1183 1383 1184 1384 1186 1385 1187 1386 1189 1387 1192 1388 1197 1389 1199 1390 1204 1391 1207 1392 1212 1393 1217 1394 1221 1395 1224 1396 1227 1397 1228 1398 1230 1399 1232 1400 5040 1401 1234 1402 1242 1403 1244 1404 1245 1405 1249 1406 1251 1407 1253 1408 1254 1409 1255 1410 1257 1411 1262 1412 1263 1413 1264 1414 1267 1415 1271 1416 1273 1417 1278 1418 1281 1419 1283

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1420 1285 1421 1287 1422 5046 1423 1288 1424 1290 1425 1292 1426 5049 1427 5051 1428 1356 1429 1361 1430 1364 1431 1369 1432 1371 1433 1373 1434 1376 1435 1385 1436 1416 1437 1431 1438 1463 1439 1476 1440 1486 1441 1493 1442 1499 1443 1502 1444 1504 1445 1512 1446 1568 1447 1577 1448 1578 1449 1582 1450 1584 1451 1589 1452 1592 1453 1597 1454 1601 1455 1603 1456 1605 1457 1607 1458 1610 1459 1612 1460 1617 1461 1619 1462 1621 1463 1624 1464 1629 1465 1633 1466 1637 1467 1644 1468 1650 1469 1653 1470 1658 1471 1659 1472 1661 1473 1667 1474 1670 1475 1676 1476 1678 1477 1686 1478 1689 1479 1693 1480 5072 1481 5096 1482 1694 1483 1699 1484 1706 1485 1716 1486 1726 1487 1729 1488 1737 1489 1751 1490 5099 1491 1753 1492 1768 1493 1771 1494 1779 1495 1781 1496 1782 1497 1784 1498 1787 1499 1789 1500 1791 1501 1804 1502 5100 1503 1807 1504 1810 1505 1813 1506 5101 1507 1853 1508 1855 1509 1860 1510 1862 1511 1864 1512 1867 1513 1871 1514 1876 1515 2076 1516 2107 1517 2188 1518 5114 1519 2199

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1520 2207 1521 2211 1522 2214 1523 2215 1524 2219 1525 2222 1526 2224 1527 2228 1528 2244 1529 2248 1530 2261 1531 2266 1532 2269 1533 2271 1534 2273 1535 2274 1536 2283 1537 2286 1538 2298 1539 2300 1540 2304 1541 2306 1542 2308 1543 2310 1544 2319 1545 2321 1546 2325 1547 2333 1548 2336 1549 2339 1550 2359 1551 2360 1552 2362 1553 2367 1554 2370 1555 2374 1556 2376 1557 2378 1558 2382 1559 2389 1560 2403 1561 2478 1562 2483 1563 2485 1564 2495 1565 2496 1566 2497 1567 2499 1568 2500 RESOLUTIONS BY NUMBER 84 3507 85 154 86 1300 87 1303 88 1305 89 1307 90 1309 91 1311 92 1313 93 1315 94 1317 95 1318 96 5054 97 5055 98 5056 99 1319 100 1320 101 1321 102 1322 103 1323 104 1325 105 5057 106 5058 107 1327 108 5059 109 5060 110 1328 111 1331 112 1333 113 1336 114 1338 115 1339 116 5061 117 2504 118 2505 119 2507 120 2509 121 2511 122 2513 123 2515

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124 2517 125 2519 126 2522 127 2524 128 2540 129 2542 130 2544 131 2546 132 2547 133 2549 134 2551 135 2555 136 2556 137 2557 138 2563 139 2564 140 2566 141 2568 142 2570 143 2573 144 2575 145 2576 146 2578 147 2582 148 2584 149 2586 150 2588 151 2590 152 2592 153 2593 154 2595 155 2597 156 2598 157 2600 158 2601 159 2605 160 2607 161 2609 162 2610 163 2613 164 2615 165 2616 166 2618 167 2634 168 2635 169 2637 170 2639 171 2640 172 2643 173 2645 174 2647 175 2649 176 2653 177 2655 178 2657 179 2659 180 2663 181 2664 182 2669 183 2675 184 2677 185 2680 186 1341 187 1342 188 1345 189 1346 190 5062 191 5063 192 5064 193 5065 194 1348 195 5066 196 1349 197 5068 198 5069 199 1352 200 1355 201 5070 202 2195 203 2197 BILLS AND RESOLUTIONSACT NUMBER REFERENCES 48 1431 55 1506 56 1206 73 1432 76 Veto 18 84 1207

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94 1386 127 1228 148 1537 153 1262 218 1433 251 1229 291 1387 307 1230 364 1263 371 1388 407 1092 425 1264 454 1231 455 1208 456 1209 460 1210 485 1389 530 Veto 19 558 1538 580 1482 589 1483 610 1513 629 1211 634 1265 638 1212 647 1157 717 1366 723 1266 732 1214 739 1215 767 1367 774 1434 780 1216 782 1217 813 1435 823 1218 856 1267 870 1219 883 1220 901 1268 902 1269 904 1436 931 1221 943 1064 944 1307 993 1539 1015 1065 1055 1270 1074 1368 1087 862 1097 844 1102 1437 1109 1540 1110 1541 1111 1066 1118 869 1141 829 1142 831 1144 881 1145 832 1147 837 1153 1222 1156 845 1157 1223 1158 1067 1160 1542 1161 1543 1162 1224 1167 Veto 23 1168 1068 1169 1069 1170 1070 1171 1071 1172 863 1175 1544 1179 1225 1181 1072 1182 1073 1184 1074 1189 1226 1191 1369 1192 1227 1197 1075 1200 1545 1202 1232 1204 1233 1205 1234 1206 1235 1207 1327 1209 1370 1210 1546 1212 1076 1218 1328 1222 1076 1223 1547 1224 1567 1229 1077 1230 1078 1231 1329 1235 847

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1236 1514 1237 1330 1240 1548 1243 896 1245 1079 1246 1080 1249 1484 1250 1081 1251 1331 1252 1438 1256 Veto 20 1259 1485 1261 1371 1262 1082 1264 857 1266 858 1267 1332 1268 1271 1270 1549 1271 1083 1272 1084 1273 833 1274 1287 1276 850 1277 1085 1281 1288 1283 1550 1284 1289 1285 1272 1290 1439 1291 1273 1292 1290 1293 1440 1296 1047 1299 1291 1300 1292 1301 1551 1302 864 1303 1308 1304 1048 1307 1293 1308 1486 1313 1552 1314 1553 1315 1372 1319 1011 1321 1294 1323 1295 1324 1296 1327 1274 1328 1297 1335 1428 1336 1429 1337 1430 1339 1298 1340 1299 1341 935 1342 1351 1343 1093 1345 856 1348 1352 1349 1554 1351 1353 1352 1555 1355 1300 1357 1373 1358 1301 1359 865 1360 1049 1363 1441 1364 1302 1365 843 1368 1556 1373 1557 1375 1558 1378 1303 1380 1012 1381 1304 1382 1305 1384 1306 1385 1236 1386 1237 1387 1238 1389 1239 1390 Veto 24 1391 1559 1395 1442 1396 1013 1399 1240 1400 851 1401 1515 1402 1050 1403 1354 1404 1051 1406 1355 1407 1390 1408 1391 1410 866 1411 1052 1412 1014

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1413 1241 1416 937 1417 938 1418 939 1419 1242 1421 1356 1424 1357 1426 870 1428 940 1429 1516 1433 1358 1434 941 1435 1560 1436 1517 1437 1359 1438 846 1440 942 1443 943 1444 1562 1445 944 1447 852 1449 1243 1450 1244 1451 945 1452 946 1453 871 1454 872 1455 947 1459 848 1464 1563 1467 1360 1470 1245 1471 948 1474 1246 1477 853 1478 838 1479 1247 1480 882 1481 883 1483 949 1486 1340 1487 950 1488 895 1490 1561 1491 1392 1492 1094 1495 1444 1497 1095 1499 1248 1501 1341 1502 1361 1503 951 1504 952 1505 867 1506 953 1508 1564 1509 1333 1513 1393 1518 1334 1519 1335 1523 954 1524 955 1525 1487 1527 1336 1529 1362 1531 956 1532 957 1533 1565 1534 1363 1537 958 1538 959 1541 1337 1546 1361 1547 1394 1549 1338 1550 1339 1551 999 1552 998 1553 1249 1554 1250 1555 1015 1557 854 1558 1365 1560 1000 1563 1251 1564 1001 1565 1002 1566 1003 1567 1004 1568 1005 1569 1006 1570 849 1571 835 1575 839 1576 840 1577 841 1578 842 1584 1252 1585 1374 1586 1342

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1587 876 1589 877 1594 1096 1595 1007 1596 873 1597 1008 1599 1109 1601 1253 1609 878 1610 879 1612 874 1616 936 1618 1254 1622 1110 1623 1111 1624 1112 1625 1097 1626 1113 1629 1114 1630 1375 1631 1255 1634 1256 1635 1115 1636 1395 1638 1396 1640 1116 1641 1376 1642 1257 1644 1117 1646 1118 1647 1119 1649 1120 1650 1121 1651 1122 1653 1123 1661 1124 1662 1125 1663 1126 1664 1127 1665 1128 1666 960 1667 961 1668 962 1669 963 1671 1377 1672 1016 1673 986 1674 891 1675 987 1677 988 1679 989 1680 880 1681 990 1683 1518 1687 855 1689 991 1690 992 1691 1017 1693 1378 1695 1258 1698 1053 1700 1309 1701 859 1702 993 1705 994 1706 1259 1707 1379 1710 995 1711 996 1712 997 1713 1009 1714 1380 1715 894 1717 1010 1718 897 1719 898 1720 899 1721 900 1724 1443 1725 1343 1727 901 1728 1344 1729 1381 1730 1397 1731 902 1732 1098 1736 Veto 21 1737 1018 1739 903 1740 904 1741 905 1742 1566 1744 906 1748 907 1749 1019 1751 908 1752 1260 1753 909 1755 1382 1758 910

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1759 911 1760 1020 1766 1021 1767 1022 1768 1023 1773 1507 1774 1383 1775 1024 1776 1398 1779 1025 1780 1399 1781 1026 1782 1027 1783 1261 1784 1129 1785 1130 1786 1131 1787 1132 1788 1133 1789 1134 1790 1135 1792 1136 1793 1137 1794 1138 1795 1139 1796 1140 1797 1141 1798 1142 1799 1143 1800 1144 1801 1147 1802 875 1804 1146 1805 1145 1806 1099 1807 1100 1808 1101 1809 1102 1810 1103 1811 1028 1812 1345 1813 1104 1814 1384 1815 1105 1816 1086 1817 1087 1818 1088 1819 1089 1822 1090 1823 1310 1825 1400 1826 1311 1829 1312 1830 1313 1831 1314 1832 1315 1833 1316 1834 1317 1835 1318 1836 1275 1837 1319 1838 1385 1839 1320 1841 884 1842 885 1843 886 1844 887 1845 888 1847 1488 1848 1321 1850 1322 1851 1323 1852 1324 1853 1325 1854 1158 1855 1159 1856 1160 1857 1161 1858 1162 1859 1029 1860 1163 1862 1164 1863 1165 1864 1166 1865 1167 1866 1168 1867 1169 1868 1170 1869 1171 1870 1172 1871 1173 1872 1030 1874 1031 1875 1032 1876 1033 1877 1276 1878 1034 1879 1035 1881 1036 1882 1037

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1883 1038 1884 1039 1885 1040 1886 1041 1887 1277 1888 1278 1889 967 1890 889 1891 1042 1893 1043 1894 1174 1896 1175 1897 1176 1898 1279 1899 968 1900 1445 1901 1177 1902 1178 1903 1179 1904 1180 1906 1508 1908 1346 1909 1181 1910 1182 1911 1183 1912 1184 1918 1185 1919 969 1920 1186 1921 1326 1922 970 1926 1280 1927 1187 1928 1188 1929 1189 1930 971 1931 972 1937 1190 1939 1191 1941 1347 1942 973 1943 1281 1944 1192 1945 1282 1946 1283 1947 1193 1948 1148 1949 1284 1950 1285 1951 974 1952 975 1953 976 1956 977 1957 1348 1958 978 1959 979 1960 980 1961 981 1962 982 1963 983 1964 890 1965 984 1966 985 1967 1106 1968 1107 1969 1149 1970 1286 1971 1108 4 1519 60 1520 78 1446 83 1521 142 1447 147 917 165 1502 197 918 207 1401 208 1489 227 1402 253 1199 312 1403 325 1448 343 Veto 13 344 1404 364 1200 379 1201 417 1405 430 919 446 924 457 1490 458 925 463 1522 464 1202 468 1491 469 928 470 Veto 22 471 1492

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474 830 476 1406 477 1407 479 1523 480 1524 482 1408 485 1449 489 1450 491 1409 497 1451 498 1525 499 1568 500 1452 502 1453 503 1410 505 1411 506 1454 509 1412 511 Veto 14 517 1413 519 1510 522 Veto 15 523 1455 528 1414 531 1456 538 1415 540 1526 546 929 547 930 549 920 550 1527 551 1457 552 1528 555 1458 558 Veto 16 560 1416 564 1203 567 1459 579 1503 581 1529 582 1460 583 1417 584 Veto 17 590 1461 591 836 592 1462 593 1463 596 1464 599 1465 601 1530 602 1466 603 1418 604 1531 608 1419 610 834 611 921 616 1532 617 1533 620 1467 622 1420 623 1468 624 1421 625 860 626 1493 628 922 629 923 630 1194 631 1195 632 1494 633 1196 634 1197 636 1150 637 1151 638 1198 639 1469 642 1534 644 1470 650 1495 651 1152 652 931 653 1422 654 1153 655 1471 659 1154 660 1204 661 1472 662 1496 663 1423 664 932 666 892 667 1424 669 1497 678 1205 680 1498 681 861 683 1504 684 1473 685 1474 686 1155 687 1156

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688 912 689 1425 692 933 693 1499 696 1475 698 1091 700 934 701 893 703 1535 709 1349 710 1509 711 1476 712 868 713 1500 714 1350 715 1511 716 913 717 914 720 1536 726 915 728 1505 729 916 730 1477 735 1501 737 1044 742 1426 746 1054 747 1478 751 1055 752 1056 755 1057 756 1058 757 1045 758 1479 759 1059 760 1060 764 1512 769 1061 770 1062 771 1046 773 1063 774 1480 775 926 776 927 777 964 778 965 779 966 780 1481 782 1427 27 96 57 97 106 98 158 132 243 190 253 84 265 99 303 133 331 191 510 134 513 135 514 100 517 136 518 192 519 101 528 193 533 194 536 85 540 137 542 102 545 195 559 103 562 104 563 138 573 139 577 196 583 105 585 106 589 107 591 140 592 108 593 109 594 141 596 197 597 142 617 143 619 110 622 144 624 111 625 145 634 146 636 147 639 148 640 149 656 198 657 150 658 203 663 151 668 112 669 152

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670 153 671 154 672 155 698 156 699 157 700 158 701 159 705 160 707 113 710 199 713 161 715 114 716 162 718 163 730 164 740 165 741 166 743 167 746 168 747 115 748 169 751 170 753 171 755 116 758 172 774 173 775 174 777 175 780 176 782 200 787 177 789 178 793 179 813 180 816 181 817 182 822 183 823 184 826 185 828 201 29 186 38 117 120 86 171 87 225 118 226 187 227 119 229 88 249 89 250 90 264 120 266 121 267 122 270 188 271 91 274 202 275 92 281 93 292 123 293 124 294 125 309 126 310 94 320 127 321 128 324 95 330 129 333 130 340 131 346 189

Page 1

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1982 Compiled and Published by Authority of The State

Page 2A

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1982 SUPPLEMENTARY APPROPRIATIONS ACT. No. 829 (House Bill No. 1141). AN ACT To provide supplementary appropriations for the State Fiscal Year ending June 30, 1982, in addition to any other appropriations heretofore or hereafter made for the operation of State government and for 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: That the sums hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1981, and ending June 30, 1982, 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. State of Georgia General Obligation Debt Sinking Fund. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (new) $ 16,356,000 A. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,069,000 is specifically appropriated for the purpose of increasing the debt-sinking-fund appropriation for the constructing and equipping of the Georgia Public Safety Training Academy and for increasing to $5,810,000 the principal amount of General Obligation Debt authorized for such constructing and equipping in HB 162 of the 1981 Regular Session of the Georgia General Assembly. B. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,272,000 is specifically appropriated for the purpose of increasing the debt-sinking-fund appropriation for the expansion of the facilities of the Georgia Ports Authority and for the purpose of increasing to $42,375,000 the principal amount of General Obligation Debt authorized for such expansion in HB 162 of the 1981 Regular Session of the Georgia General Assembly. C. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $6,320,000 is specifically appropriated for the purpose of financing the expansion of the Georgia World Congress Center. This $6,320,000 appropriation shall be combined with the $4,740,000 remaining portion of the $9,130,000 appropriated in Ga. Laws 1981, pp. 1036, 1224 for the same purpose so as to finance expansion of the Georgia World Congress Center through the issuance of not more than $79,000,000 in principal amount of General Obligation Debt, said amount previously authorized and remaining unissued. D. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $3,240,000 is specifically appropriated for the purpose of financing the design, construction and equipping of a new prison at or adjacent to the site of the Georgia Public Safety Training Academy through the issuance of not more than $12,000,000 in principal amount of general obligation debt. E. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,455,000 is specifically appropriated for the purpose of financing the design, construction and equipping of a new laboratory and office building for the Georgia Bureau of Investigation, through the issuance of not more than $16,500,000 in principal amount of general obligation debt. TOTAL SUPPLEMENTAL APPROPRIATION FOR STATE FISCAL YEAR 1982 $ 16,356,000.

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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 Sections 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.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved January 19, 1982. Compiler's Note: The placement of Act No. 829 (House Bill No. 1141) on page 2A resulted from furnishing the Code Revision Commission with the page number that Act No. 830 (Senate Bill No. 474) would appear on in order to facilitate the completion of the Commission's work.

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OFFICIAL CODE OF GEORGIA ANNOTATED AMENDED. No. 830 (Senate Bill No. 474). AN ACT To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated; to codify laws of the State of Georgia, or portions thereof, omitted from the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended as follows: (1) Said title is amended by adding after the word and punctuation indices, in the second sentence of Code Section 1-1-1, relating to enactment of the Code, the following: title and chapter analyses,. (2) Said title is further amended by adding after the word and punctuation sections, in the first sentence of Code Section 1-1-7, relating to notes and catchlines of Code sections, the following: and title and chapter analyses, and by adding after the word citations in the second sentence of said Code section the following: ,title and chapter analyses,. (3) Said title is further amended by adding a new subsection (c) at the end of Code Section 1-1-8, relating to references to titles, chapters, etc., to read as follows: (c) Any reference in any local or special law of this state to any Act or resolution of the General Assembly or to any title, chapter,

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section, or other portion of any prior code of this state shall be construed to be a reference to the appropriate title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, or subdivision of the Official Code of Georgia Annotated. (4) Said title is further amended by deleting the word and punctuation functions, and inserting in lieu thereof the word function in the first sentence of Code Section 1-2-7, relating to rights of female citizens and exemption from certain duties. Section 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) Said title is amended by deleting the word thereunder and inserting in lieu thereof the word hereunder from the first sentence of subsection (b) of Code Section 2-7-59, relating to grounds for denial, suspension, or cancellation of registration of pesticides formulated to meet local needs. (2) Said title is further amended by deleting the comma following the word areas in the second sentence of subsection (b) of Code Section 2-7-97, relating to the promulgation of rules and regulations concerning pesticide use and application. (3) Said title is further amended by adding a comma after the word License in subparagraph (a)(2)(D) of Code Section 2-7-99, relating to licensing requirements and applications for pesticide contractors and applicators, and by inserting a comma after the word License in division (b)(2)(B)(iii) of said Code section. (4) Said title is further amended by deleting the comma following the number 14 and inserting in lieu thereof the word of in the first sentence of Code Section 2-7-102, relating to grounds for denial, suspension, revocation, or modification of license, permit, or certification. (5) Said title is further amended by deleting apointments and inserting in lieu thereof appointments in the third sentence of subsection (c) of Code Section 2-8-6, relating to appointment of additional members of commissions established pursuant to the Georgia Agricultural Commodities Promotion Act, by the ex officio members thereof.

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(6) Said title is further amended by adding a comma following the word time in the first sentence of subsection (c) of Code Section 2-9-6, relating to the breach of the conditions of a bond and complaints to the Commissioner. (7) Said title is further amended by adding a comma following the word cash in paragraph (2) of Code Section 2-9-44, relating to applicability of Article 2 of Chapter 9 of Title 2. (8) Said title is further amended by deleting tranship and inserting in lieu thereof transship in paragraph (4) of Code Section 2-10-2, relating to the definition of a farmers' market. (9) Said title is further amended by deleting encumbent and inserting in lieu thereof incumbent in Code Section 2-10-33, relating to the right of the Georgia Building Authority (Markets) to a declaratory adjudication of the validity of lease contracts and the duty of the Department of Agriculture to defend against such an action. (10) Said title is further amended by deleting the commas following the words sentence and association in the second sentence of subsection (b) of Code Section 2-10-88, relating to election of officers of cooperative marketing associations. (11) Said title is further amended by changing the period to a semicolon at the end of division (e)(1)(C)(iii) of Code Section 2-11-22, relating to labeling requirements, and by striking the word Following in subparagraph (e)(1)(C) of said Code section and inserting in lieu thereof the word following. (12) Said title is further amended by adding a comma following the word License in Code Section 2-12-5, relating to licensing of nonresident registrants. (13) Said title is further amended by deleting the word constitutent and inserting in lieu thereof the word constituent in paragraph (6) of Code Section 2-13-10, relating to when commercial feed is deemed adulterated. (14) Said title is further amended by deleting the commas following the words misbranded and request in the second sentence of subsection (f) of Code Section 2-13-13, relating to inspections and samples of commercial feeds.

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(15) Said title is further amended by adding a comma preceding the word after and following the word hearing and by deleting the comma following the word person in the first sentence of Code Section 2-14-103, relating to suspension or revocation of licenses. (16) Said title is further amended by striking from paragraph (3) of subsection (b) of Code Section 2-8-13, relating to the issuance of marketing orders, the following: Administrative Procedure Act of Georgia, and inserting in lieu thereof the following: Georgia Administrative Procedure Act. Section 3. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows: (1) Said title is amended by adding a comma following the word sale in paragraph (2) of subsection (f) of Code Section 3-2-35, relating to seizure of contraband by the commissioner and agents. (2) Said title is further amended by deleting subsection (b) of Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any person violating any prohibition contained in Code Section 3-3-23 shall be guilty of a misdemeanor, except that any person convicted of possession of alcoholic beverages pursuant to paragraph (2) of subsection (a) of Code Section 3-3-23 shall be guilty of a misdemeanor but punished by not more than 30 days' imprisonment or a fine of not more than $300.00, or both., and by deleting , as now or hereafter amended from the second sentence of subsection (e) of said Code section. (3) Said title is further amended by deleting 1980 and inserting in lieu thereof 1970 in subsection (b) of Code Section 3-3-24.1, relating to entry of minors onto the premises of business establishments engaged in retail sale of alcoholic beverages in unbroken packages, and by deleting from subsection (c) of said Code section the following:

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and, upon conviction thereof, shall be punished as for a misdemeanor. (4) Said title is further amended by adding the word or following paragraph (4) of subsection (a) of Code Section 3-4-2, relating to applicability of Chapter 4 of Title 3 to ethyl alcohol used for certain purposes. (5) Said title is further amended by deleting the word and following gallons; in paragraph (1) of Code Section 3-5-60, relating to levy and amount of tax on malt beverages, and by adding in paragraph (2) of said Code section the word and following ounces;. (6) Said title is further amended by deleting the word article and inserting in lieu thereof the word chapter in subsection (b) of Code Section 3-7-60, relating to levy and amount of tax on sale of distilled spirits. Section 4. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended as follows: (1) Said title is amended by deleting the period following the quotation marks at the end of the first sentence of subsection (b) of Code Section 4-4-4, relating to administrative hearings and penalties. (2) Said title is further amended by capitalizing the words secretary and agriculture in the last sentence of Code Section 4-6-3. relating to the requirement of licenses for livestock dealers. Section 5. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended as follows: (1) Said title is further amended by deleting the comma following the word offense in the first sentence of subsection (a) of Code Section 5-4-20, relating to supersedeas of criminal convictions and bonds. (2) Said title is further amended by deleting the comma following the word section and inserting in lieu thereof a semicolon in subsection (b) of Code Section 5-6-9, relating to transmittal of opinion to lower court.

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(3) Said title is further amended by inserting a comma between interlocutory and the in the second sentence of subsection (b) of Code Section 5-6-35, relating to cases in which an application for appeal is required; by deleting entry or order and inserting in lieu thereof entry of the order in subsection (d); and by deleting , and the paragraph shall remain in effect at the end of subsection (i) of said Code section. Section 6. Reserved. Section 7. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows: (1) Said title is amended by deleting the word date and inserting in lieu thereof the word data in paragraph (7) of subsection (b) of Code Section 7-1-70, relating to disclosure of information. (2) Said title is further amended by deleting commercial and inserting in lieu thereof commercial in paragraph (1) of subsection (c) of Code Section 7-1-285, relating to the manner of making loans and limitations thereon. (3) Said title is further amended by deleting Title 41A and inserting in lieu thereof this chapter in the second sentence of subsection (c) of Code Section 7-1-293, relating to savings banks and state savings and loan associations. (4) Said title is further amended by deleting respect and inserting in lieu thereof respect in subsection (b) of Code Section 7-1-310, relating to the power of trust companies to act as fiduciaries and to act in other representative capacities and the rights and duties with respect thereto. (5) Said title is further amended by deleting facsimilies and inserting in lieu thereof facsimiles in subsection (f) of Code Section 7-1-417, relating to the use of facsimile signatures and seals on debt security instruments by banks and trust companies. (6) Said title is further amended by deleting the semicolon following the word held and inserting in lieu thereof a comma in subsection (b) of Code Section 7-1-490, relating to responsibility of directors and officers and delegation of investment decisions.

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(7) Said title is further amended by deleting nto and inserting in lieu thereof into in the introductory language of Code Section 7-1-550, relating to the authority for national bank to state bank or trust company conversions, mergers, and consolidations. (8) Said title is further amended by deleting explusion and inserting in lieu thereof expulsion twice and by striking nonmenber and inserting in lieu thereof nonmember in Code Section 7-1-653, relating to expulsions and withdrawals of members from credit union. (9) Said title is further amended by deleting or any member and inserting in lieu thereof for any member in paragraph (4) of Code Section 7-1-740, relating to definitions relating to business development corporations. (10) Said title is further amended by deleting the word of between the words suspending and such in Code Section 7-3-27, relating to judicial review of commissioner's decisions. (11) Said title is further amended by adding the word on between the words persons and loans in the first sentence of subsection (c) of Code Section 7-4-3.1, relating to maximum interest rates on loans by insured financial institutions. (11.1) Said title is further amended by striking $150.00 and inserting in lieu thereof $50.00 in Code Section 7-4-31, relating to the rate of charge on loans secured by a residential second mortgage. (12) Said title is further amended by striking from division (21)(H)(xv) of Code Section 7-1-4, relating to definitions relative to financial institutions, the following: 71-1-37, and inserting in lieu thereof the following: 7-1-37. (13) Said title is further amended by striking from paragraph (40) of Code Section 7-1-4, relating to definitions relative to financial institutions, the following:

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subsection (b) of Code Section 7-1-242, and inserting in lieu thereof the following: paragraph (5) of subsection (a) of Code Section 7-1-242. (14) Said title is further amended by striking from subsection (c) of Code Section 7-1-770, relating to definitions relative to building and loan associations and savings and loan associations, the following: As association, and inserting in lieu thereof the following: An association. Section 8. Title 8 of the Official Code of Georgia Annotated, relating to building and housing, is amended as follows: (1) Said title is amended by deleting Code Section 8-1-1, relating to providing outreach workers by State Office of Housing Section to Farmers' Home Administration to engage in housing-related activities, in its entirety. This Code section is a duplication of Code Sections 50-8-61 and 50-8-62. (2) Said title is further amended by deleting and an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), from Code Section 8-2-21, relating to adoption and continuation of state minimum standard codes. (3) Said title is further amended by deleting approved April 21, 1969 (Ga. L. 1969, p. 546), as amended, and an Act from Code Section 8-2-22, relating to adoption and continuation of Georgia State Energy Code for Buildings. (4) Said title is further amended by adding the word by between the words possessed and municipalities in subsection (d) of Code Section 8-2-25, relating to adoption and administration of codes by municipalities and counties. (5) Said title is further amended by deleting the word contruction and inserting in lieu thereof the word construction in the first sentence of subsection (e) of Code Section 8-3-17, relating to

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powers of authorities and the board of regents as to construction, operation, etc., of dormitories for the University System of Georgia. (6) Said title is further amended by deleting the comma after the term subsection (a) and inserting a comma following the words Code Section in subsection (b) of Code Section 8-3-133, relating to existence of war or national emergency as a condition precedent to initiation of certain projects, and by deleting Section and inserting in lieu thereof section in said Code section. (7) Said title is further amended by deleting the word from from the second sentence of paragraph (12) of Code Section 8-3-172, relating to definitions used in the Georgia Residential Finance Authority Act. Section 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows: (1) Said title is amended by deleting the comma following the word person in the second sentence of subsection (b) of Code Section 9-2-2, relating to actions in personam and actions in rem. (2) Said title is further amended by deleting the comma after the word action in the first sentence of subsection (a) of Code Section 9-2-5, relating to prosecution of two simultaneous actions for the same cause against the same party. (3) Said title is further amended by deleting the word sue and inserting in lieu thereof the words bring an action against in the first sentence of Code Section 9-2-27, relating to action against representative of joint obligor. (4) Said title is further amended by deleting the comma after the word parties in the first sentence of subsection (a) of Code Section 9-2-44, relating to effect of a former recovery or pendency of a former action. (5) Said title is further amended by adding a semicolon after the word made in subsection (b) of Code Section 9-4-2, relating to declaratory judgments and their force and effect. (6) Said title is further amended by deleting the comma following the word to in the first sentence of subsection (a) of Code

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Section 9-4-3, relating to further relief and interlocutory extraordinary relief to preserve the status quo. (7) Said title is further amended by deleting the comma following the word parties in subsection (b) of Code Section 9-7-22, relating to fees of an auditor. (8) Said title is further amended by deleting the word and preceding the word shall in the first sentence of subsection (b) of Code Section 9-9-47, relating to the copy of an award to be furnished to parties and entry on the court's minutes. (9) Said title is further amended by deleting the language in the superior court, or from Code Section 9-10-3, relating to closed trials being authorized in certain cases. (10) Said title is further amended by deleting the word and between the words thereon and who in subsection (a) of Code Section 9-10-5, relating to charges to be written out on request, exceptions, filing of written charges, and copies. (11) Said title is further amended by deleting the word or between the words civil and matters in subsection (a) of Code Section 9-10-10, relating to cash bonds and docketing. (12) Said title is further amended by deleting the word injunction and inserting in lieu thereof the word injunction in Code Section 9-10-110, relating to petitions for extraordinary equitable relief to be verified or supported by proof. (13) Said title is further amended by deleting the semicolon following the word jury and inserting in lieu thereof a comma in Code Section 9-10-183, relating to use of a blackboard, models, etc., in argument. (14) Said title is further amended by deleting the words appointed guardian and inserting in lieu thereof guardian appointed, in paragraph (4) of subsection (d) of Code Section 9-11-4, relating to process, and by deleting the comma between the words provided and that in the first sentence of subparagraph (e)(1)(A) of said Code section.

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(15) Said title is further amended by deleting default to to be and inserting in lieu thereof default to be in subsection (b) of Code Section 9-11-55, relating to the opening of a default before final judgment. (16) Said title is further amended by deleting the word and punctuation Judge, from the introductory language of the judgment from in Code Section 9-11-132, relating to form of judgment on decision by the court. (17) Said title is further amended by deleting transfered and inserting in lieu thereof transferred in Code Section 9-12-65, relating to the issuance of scire facias where a judgment has been transferred. (18) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma preceding the word provided in Code Section 9-12-67, relating to revival of judgment against nonresident and service by publication. (19) Said title is further amended by deleting the words so to do and inserting in lieu thereof the words and punctuation to do so, in the first sentence of subsection (a) of Code Section 9-13-170, relating to liability for purchase money and an officer's collection options. Section 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) Said title is amended by deleting the comma following the word of in paragraph (10) of Code Section 10-1-2, relating to definitions for The Retail Installment and Home Solicitation Sales Act. (2) Said title is further amended by deleting the comma following the word by in paragraph (3) of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions. (3) Said title is further amended by deleting the semicolon and inserting a comma following the word Ventures in subsection (b) of Code Section 10-1-411, relating to the required disclosure statement in the sale of business opportunities.

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(4) Said title is further amended by deleting the word and punctuation stats; and inserting in lieu thereof state in the second sentence of the first paragraph of Code Section 10-1-444, relating to registration of marks and certificates of registration. (5) Said title is further amended by deleting ; provided, that, and inserting in lieu thereof, provided that, in the first sentence of Code Section 10-1-551, relating to Sunday motion picture shows and athletic events being lawful with local permits. (6) Said title is further amended by deleting Department of Agriculture and inserting in lieu thereof Commissioner of Agriculture in the first sentence of Code Section 10-2-13, relating to advertisements of packaged commodities. (7) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma between the word warehouse and the word provided in Code Section 10-2-46, relating to issuance of official seals to licensed tobacco warehousemen. (8) Said title is further amended by deleting the word as in paragraph (6) of Code Section 10-4-2, relating to definitions in the Georgia State Warehouse Act. (9) Said title is further amended by deleting acknowledgement and inserting in lieu thereof acknowledgment in paragraph (3) of Code Section 10-4-21, relating to the obligation of a warehouseman to deliver upon demand. (10) Said title is further amended by deleting the word the preceding the word Fulton in the second sentence of subsection (a) of Code Section 10-4-53, relating to actions by and against the commissioner. (11) Said title is further amended by deleting ; provided, that, and inserting in lieu thereof , provided that, in subparagraph (c)(1)(O) of Code Section 10-5-5, relating to registration of securities. (12) Said title is further amended by adding (4) of this subsection (a) after the word paragraph in subparagraphs (a)(4)(A) and (a)(4)(B) of Code Section 10-5-7, relating to denial, suspension, or revocation of registration of securities.

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(13) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following the word foregoing and by deleting the semicolon following the word subsection in paragraph (8) of Code Section 10-5-8, relating to exempt securities. (14) Said title is further amended by deleting the word of in the second sentence of subsection (e) of Code Section 10-5-11, relating to investigations, subpoenas, self-incrimination, and conducting hearings. (15) Said title is further amended by deleting the word suit and inserting in lieu thereof an action in Code Section 10-7-29, relating to judgment against principal and surety at the same time. (16) Said title is further amended by deleting the words such suit and inserting in lieu thereof the action in the second sentence of subsection (b) of Code Section 10-7-30, relating to bad faith refusal of a corporate surety to perform a suretyship contract. Section 11. Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended as follows: (1) Said title is amended by deleting from Code Section 11-8-102, relating to definitions and index of definitions, the following: (3) A `clearing corporation' is a corporation all of the capital stock of which is held by or for a national securities exchange or association registered under a statute of the United States such as the Securities Exchange Act of 1934. (2) Said title is further amended by deleting Code Section 11-9-401(1) and inserting in lieu thereof subsection (1) of Code Section 11-9-401 in subsection (3) of Code Section 11-9-403, relating to what constitutes filing, duration of filing, effect of lapsed filing, and duties of a filing officer. (3) Said title is further amended by deleting statment and inserting in lieu thereof statement between written and of in Code Section 11-9-406, relating to the release of collateral by a secured party of record. Section 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows:

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(1) Said title is amended by deleting the semicolon and inserting in lieu thereof a comma following the word section in paragraph (3) of subsection (b) of Code Section 12-3-3, relating to powers of the Department of Natural Resources as to projects in the North Georgia Mountains. (2) Said title is further amended by adding a comma after the word site in the first sentence of subsection (i) and by deleting the words except within area and inserting in lieu thereof except within areas in the second sentence of subsection (o) of Code Section 12-3-10, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations. (3) Said title is further amended by deleting the word are and inserting in lieu thereof were in the fifth sentence and by deleting the word were and inserting in lieu thereof shall be in the sixth sentence of subsection (a) of Code Section 12-3-73, relating to creation of the Heritage Trust Commission. (4) Said title is further amended by inserting a comma following the words carrier and automobile in subsection (e) of Code Section 12-3-152, relating to the creation of the Franklin D. Roosevelt Warm Springs Memorial Advisory Committee. (5) Said title is further amended by deleting the semicolon following the word desired and inserting in lieu thereof a comma in paragraph (4) of Code Section 12-3-171, relating to powers of the Department of Natural Resources as to a memorial or shrine to Ty Cobb. (6) Said title is further amended by adding a comma following the words dispose of in paragraph (3) of Code Section 12-3-194, relating to powers of the Stone Mountain Memorial Association. (7) Said title is further amended by changing the word part to law twice in the second sentence of subsection (a) of Code Section 12-3-196, relating to condemnation of property by the state for purposes of developing Stone Mountain. (8) Said title is further amended by deleting provision of this or any other part and inserting in lieu thereof provision of this part or any other law in Code Section 12-3-214, relating to remedies of bondholders, coupon holders, and trustee.

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(9) Said title is further amended by deleting soley and inserting in lieu thereof solely in paragraph (19) of Code Section 12-3-235, relating to the power of the Jekyll IslandState Park Authority to borrow money and issue revenue bonds. (10) Said title is further amended by adding commas after the word May wherever the same appears in paragraphs (1), (2), (3), (4), and (5) of subsection (a) of Code Section 12-3-312, relating to membership of the Lake Lanier Islands Development Authority. (11) Said title is further amended by striking board of commissioners and inserting in lieu thereof Board of Commissioners in subsections (a) and (c) of Code Section 12-3-362, relating to appointment of members of the Kinchafoonee Lake Authority. (12) Said title is further amended by deleting ; provided, that and inserting in lieu thereof , provided that in subsection (b) of Code Section 12-4-1, relating to powers and duties of the Department of Natural Resources as to mineral resources, geological resources, etc. (13) Said title is further amended by deleting or any preceding partnership in paragraph (7) of Code Section 12-5-22, relating to definitions in the Georgia Water Quality Control Act. (14) Said title is further amended by deleting from and inserting in lieu thereof for preceding farm in paragraph (2) of subsection (a); by deleting the comma following applicant's needs in subsection (g); by deleting the word permitee and inserting in lieu thereof permittee in paragraph (2) of subsection (1); by deleting 27-2-2 and inserting in lieu thereof 12-2-2 in paragraph (2) of subsection (1); and by striking the words Community Affairs and inserting in lieu thereof community affairs in subsection (o) of Code Section 12-5-31, relating to permits for withdrawal, diversion, etc., of surface waters of the state. (15) Said title is further amended by deleting ; provided, that and inserting in lieu thereof , provided that in Code Section 12-5-41, relating to water and sewage treatment facilities. (16) Said title is further amended by deleting the word comsumptively in subsection (b) and noncomsumptive in subsection (c) and inserting in lieu thereof the words consumptively and nonconsumptive, respectively, in Code Section 12-5-96, relating

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to grant, modification, etc., of permits for withdrawal of ground water. (17) Said title is further amended by deleting midsemeanor and inserting in lieu thereof misdemeanor in Code Section 12-5-107, relating to criminal penalties relating to ground water use. (18) Said title is further amended by deleting the comma following the word license in the third sentence of subsection (d) of Code Section 12-5-127, relating to licensing of water well contractors. (19) Said title is further amended by deleting the comma following the word part in the first sentence of subsection (d) of Code Section 12-5-129, relating to suspension and revocation of licenses. (20) Said title is further amended by deleting the comma following the word contain in paragraph (3) of Code Section 12-5-172, relating to definitions relative to public water systems. (21) Said title is further amended by deleting thereunder and inserting in lieu thereof hereunder in paragraph (1) of subsection (a) of Code Section 12-5-176, relating to powers and duties of the director of the Environmental Protection Division as to public water systems. (22) Said title is further amended by adding a comma following the word including in subsection (e) of Code Section 12-5-179, relating to permits for operation of public water systems. (23) Said title is further amended by deleting the word by and inserting in lieu thereof the in subsection (a) of Code Section 12-5-262, relating to creation of the Georgia Coastal Management Board. (24) Said title is further amended by deleting the word specificially and inserting in lieu thereof specifically in paragraph (5) of Code Section 12-5-281, relating to definitions relative to coastal marshlands. (25) Said title is further amended by deleting the word Agricultural and inserting in lieu thereof Cooperative twice in Code Section 12-6-8, relating to expenditure by commission of funds for forest farming, marketing of forest products, etc.

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(26) Said title is further amended by deleting the comma and inserting in lieu thereof the word and following the word months in subsection (a) of Code Section 12-6-54, relating to registered foresters and reciprocity for nonresidents and persons residing in this state for less than six months. (27) Said title is further amended by deleting the word department and inserting in lieu thereof Department of Natural Resources in subsection (a) of Code Section 12-6-172, relating to powers and duties of the department and the Board of Natural Resources as to wildflower preservation. (28) Said title is further amended by deleting the word corportion and inserting in lieu thereof corporation in paragraph (9) of Code Section 12-7-3, relating to definitions relative to soil erosion and sedimentation. (29) Said title is further amended by adding the words lack of following the word showing in the last sentence of Code Section 12-8-35, relating to injunctive relief. (30) Said title is further amended by deleting ; provided and inserting in lieu thereof , provided following the word application in subsection (i) of Code Section 12-8-66, relating to permits for construction, operation, etc., of hazardous waste facilities. (30.1) Said title is further amended by striking juridiction and inserting in lieu thereof jurisdiction in Code Section 12-8-72, relating to application by director for injunctive relief. (31) Said title is further amended by adding the word and following 12-8-74, in Code Section 12-8-75, relating to powers of the director of the Environmental Protection Division in situations involving imminent and substantial danger to environment or to public health. (32) Said title is further amended by deleting the words representation and lable and inserting in lieu thereof representation and label in paragraph (3) of Code Section 12-8-82, relating to criminal penalties relative to hazardous waste. (33) Said title is further amended by deleting the word and between expenses and such in Code Section 12-8-102, relating to creation of the Georgia Hazardous Waste Management Authority.

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(34) Said title is further amended by deleting the word detorioration and inserting in lieu thereof deterioration in paragraph (6) of subsection (b) of Code Section 12-9-5, relating to powers and duties of the Board of Natural Resources as to prevention, control, etc., of air pollution. (35) Said title is further amended by adding a comma following the word regulations in paragraph (1) of subsection (b) of Code Section 12-9-6, relating to powers and duties of the director of the Environmental Protection Division as to prevention, control, etc., of air pollution. (36) Said title is further amended by deleting the word polluction and inserting in lieu thereof pollution in Code Section 12-9-10, relating to inspections and investigations. (37) Said title is further amended by striking the word section and inserting in lieu thereof Section preceding 7413(d)(5) in subparagraph (f)(1)(A) and by striking the word federal and inserting in lieu thereof Federal preceding the word Clean in subparagraph (f)(1)(B) of Code Section 12-9-22, relating to noncompliance penalties. (38) Said title is further amended by deleting the word statisfactory and inserting in lieu thereof satisfactory in Article X and by striking the word agreement and inserting in lieu thereof Agreement in Article XIII of the Southern Growth Policies Agreement as contained in Code Section 12-10-20, relating to enactment of the agreement. Section 13. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended as follows: (1) Said title is amended by deleting ; provided, and inserting in lieu thereof , provided in Code Section 13-4-42, relating to appropriation of payments. (2) Said title is further amended by deleting ; provided, and inserting in lieu thereof , provided in subsection (b) of Code Section 13-8-2, relating to contracts contravening public policy. (3) Said title is further amended by deleting ; provided, following the word terms and inserting in lieu thereof , provided in

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subsection (a) of Code Section 13-9-2, relating to requirements for valid and enforceable contracts of sale for future delivery of cotton, grain, stocks, etc. Section 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended as follows: (1) Said title is amended by deleting the comma following the word state and inserting a comma following the word file in the introductory language of subsection (a) of Code Section 14-2-350, relating to annual reports required of domestic and foreign corporations. (2) Said title is further amended by inserting a semicolon following the words Secretary of State in the second sentence of Code Section 14-2-391, relating to interrogatories by the Secretary of State. (3) Said title is further amended by adding the word or following the semicolon at the end of subparagraph (a)(3)(D) of Code Section 14-3-40, relating to corporate name. (4) Said title is further amended by deleting the comma following the word is in the second sentence of subsection (a) of Code Section 14-3-313, relating to appeal from actions of the Secretary of State. (5) Said title is further amended by deleting the comma following 14-4-22 and the comma following the word objections in Code Section 14-4-23, relating to objection to grant of charter. (6) Said title is further amended by adding a comma following the word law in the introductory language of Code Section 14-4-45, relating to application for incorporation of corporations having nonpar stock. (7) Said title is further amended by striking the word legislature and inserting in lieu thereof General Assembly in subsection (a) of Code Section 14-4-80, relating to renewal of charter. (8) Said title is further amended by striking the word legislature and inserting in lieu thereof General Assembly in subsection (a) of Code Section 14-4-81, relating to revival of expired charter.

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(9) Said title is further amended by inserting a comma preceding 19 in the last paragraph of the certificate in Code Section 14-4-101, relating to issuance of a certificate of amendment to acquire powers. (10) Said title is further amended by adding a semicolon between the words dissolution and and service in subsection (b) of Code Section 14-4-161, relating to effect of dissolution upon causes of action. (11) Said title is further amended by adding a comma following the numerals 14-4-183 in Code Section 14-4-182, relating to filing of reports by the Secretary of State. (12) Said title is further amended by deleting the word propogation and inserting in lieu thereof propagation in the introductory language of Code Section 14-5-51, relating to extension of powers of eleemosynary and religious corporations. (13) Said title is further amended by deleting the word acqisition and inserting in lieu thereof acquisition in division (9)(A)(i) of Code Section 14-6-1, relating to definitions relative to corporate takeovers. (14) Said title is further amended by deleting the period and substituting in lieu thereof a semicolon at the end of subparagraph (b)(6)(B) of Code Section 14-6-2, relating to registration of takeover bids. (15) Said title is further amended by deleting from Code Section 14-6-10, relating to injunction and prosecution of violations, the following: the commissioner shall have the power and authority to act, at his discretion, in the manner specified by Code Section 10-5-13, provided, that in addition, and inserting in lieu thereof the following: the commissioner shall have the power and authority to act at his discretion in the manner specified by Code Section 10-5-13, provided that, in addition.

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(16) Said title is further amended by striking the word jursidiction and inserting in lieu thereof jurisdiction in subsection (a) of Code Section 14-6-13, relating to civil liabilities. (17) Said title is further amended by deleting the semicolon following the word firm in Code Section 14-8-3, relating to duty of district attorneys to bring proceedings against partnerships violating Code Section 14-8-2. (18) Said title is further amended by deleting the comma between the words partnership and for in Code Section 14-8-23, relating to commencement of a partnership. (19) Said title is further amended by deleting the comma following the word contribute in Code Section 14-8-46, relating to contribution where a partner is insolvent. (20) Said title is further amended by adding a comma between the words dissolution and or express in the first sentence of Code Section 14-8-61, relating to when acts of one partner are binding upon other partners. (21) Said title is further amended by adding the word required following the word registry in the last sentence of paragraph (2) of subsection (a) of Code Section 14-9-20, relating to formation of limited partnerships. Section 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) Said title is amended by inserting the word who following the word Judges in subsection (a) of Code Section 15-3-1, relating to composition of the Court of Appeals. (2) Said title is further amended by deleting the figure 3 and inserting in lieu thereof the figure 4 in paragraph (23) of Code Section 15-6-2, relating to number of judges; by deleting the figure 1 and inserting in lieu thereof the figure 2 in paragraph (36); by deleting the figure 2 and inserting in lieu thereof the figure 3 in paragraph (41); and by deleting the words one judge and inserting in lieu thereof two judges in subsection (b) of said Code section.

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(3) Said title is further amended by deleting subparagraph (a)(6)(A) of Code Section 15-6-3, relating to terms of court, which reads as follows: (A) Cherokee County Third Monday in January; first Monday in May; and second Monday in September., and inserting in lieu thereof the following: (A) Cherokee County Second Monday in January, May, and September., and by deleting subparagraphs (a)(9)(A) and (a)(9)(B) of said Code section, which read as follows: (A) Bartow County First Monday in February and August and fourth Monday in April and October. (B) Gordon County First Monday in March and December; second Monday in September; and fourth Monday in May., and inserting in lieu thereof the following: (A) Bartow County First Monday in February and August, fourth Monday in April, and third Monday in October. (B) Gordon County First Monday in March, December, and June; and second Monday in September.; by deleting Guitman and inserting in lieu thereof Quitman in subparagraph (a)(31)(D) of said Code section; and by deleting from subsection (b) of said Code section the following: Second Monday in February and December and third Monday in May and September., and inserting in lieu thereof the following: Third Monday in January, April, July, and October. (4) Said title is further amended by adding the words to dismiss or following the word motion in paragraph (7) of Code Section 15-6-9, relating to authority of superior court judges, in general.

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(5) Said title is further amended by deleting the words promptly decide and inserting in lieu thereof decide promptly in subsection (b) of Code Section 15-6-21, relating to time for deciding motions. (6) Said title is further amended by deleting the comma following the term July 1 in paragraph (3) of subsection (c) of Code Section 15-6-50, relating to term of office of clerks of superior courts. (7) Said title is further amended by adding the word and following the semicolon at the end of paragraph (2) of subsection (a) in Code Section 15-6-50.1, relating to creation of the Superior Court Clerks Training Council. (8) Said title is further amended by deleting the comma following the word time in the last sentence of subsection (a) of Code Section 15-6-53, relating to appointment of a clerk by the presiding judge. (9) Said title is further amended by adding a semicolon between the words office and and at the end of subparagraph (4)(K) of Code Section 15-6-61, relating to duties of superior court clerks. (10) Said title is further amended by adding the words writs of preceding fieri facias in paragraph (2) of subsection (c) of Code Section 15-6-77, relating to fees of clerks of superior courts; by adding the words writ of preceding fieri facias in paragraphs (1) and (2) of subsection (e) of said Code section; by deleting paragraph (6) of said subsection and renumbering the remaining paragraphs accordingly; and by deleting the word of and inserting in lieu thereof or preceding presentments in paragraph (3) of subsection (f) of said Code section. (11) Said title is further amended by deleting the comma following the word court in the first sentence of Code Section 15-7-7, relating to civil jurisdiction of state courts. (12) Said title is further amended by capitalizing the first letter of the word act and by deleting the word judge and inserting in lieu thereof judges in Code Section 15-9-7, relating to bonds of judges of the probate courts.

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(13) Said title is further amended by deleting the word present preceding commonly in subsection (a) of Code Section 15-9-44, relating to photostatic or photographic equipment. (14) Said title is further amended by deleting the word however in subsection (b) of Code Section 15-9-46, relating to records made with photostatic or photographic equipment. (15) Said title is further amended by deleting the word dimissed and inserting in lieu thereof dismissed in paragraph (19) of subsection (a) of Code Section 15-9-60, relating to costs of judges of the probate courts. (16) Said title is further amended by deleting the figure 600,000 and inserting in lieu thereof 550,000 in subsection (a) of Code Section 15-9-81, relating to additional office locations for judges of the probate courts in certain counties. (17) Said title is further amended by adding a comma following the word reason in the first sentence of Code Section 15-9-84, relating to adjournments of probate courts. (18) Said title is further amended by repealing Code Section 15-10-31, relating to where and when justice courts in municipalities may be held, in its entirety. (19) Said title is further amended by deleting the word counties and inserting in lieu thereof county in Code Section 15-10-33, relating to suitable quarters for justice of the peace courts to be provided by the county. (20) Said title is further amended by deleting the word section and inserting in lieu thereof action in paragraph (2) of Code Section 15-10-52, relating to subject-matter jurisdiction of justices of the peace. (21) Said title is further amended by deleting the comma between the words provided and that in Code Section 15-10-96, relating to time of trial where defense is made on an unconditional written contract. (22) Said title is further amended by deleting the word where and inserting in lieu thereof and in subparagraph (6)(A) of Code

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Section 15-11-2, relating to definitions relative to juvenile proceedings. (23) Said title is further amended by deleting the comma following the figure 50,000 in paragraph (1) of subsection (b) of Code Section 15-11-3, relating to creation of juvenile courts, and by deleting the word as and inserting in lieu thereof such preceding the word advice in subsection (f) of said Code section. (24) Said title is further amended by inserting ,if following the word hearing in the introductory language of Code Section 15-11-35, relating to disposition of a delinquent child. (25) Said title is further amended by deleting the word authority and inserting in lieu thereof authorities in Code Section 15-12-78, relating to inspection of county jails. (26) Said title is further amended by inserting the word a between in and court in the first sentence of subsection (b) of Code Section 15-12-123, relating to filling panels of jurors in civil cases with tales jurors. (27) Said title is further amended by deleting the State Crime Commission, from subsection (d) of Code Section 15-16-3, relating to the basic training course for sheriffs. (28) Said title is further amended by adding the word and following the semicolon at the end of paragraph (7) of subsection (a) of Code Section 15-16-10, relating to duties of sheriffs; by deleting paragraph (8); and by renumbering paragraph (9) as paragraph (8). (29) Said title is further amended by deleting the word fa.'s and inserting in lieu thereof fas. in paragraphs (20) and (21) of subsection (b) of Code Section 15-16-21, relating to fees for sheriff's services and by striking from paragraph (5) of subsection (c) of said Code section 4.50 and inserting in lieu thereof 15.00 and by adding at the end of subsection (c) of said Code section the following: (10) Service in every criminal case before a judge or a judge and jury 10.00

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(30) Said title is further amended by adding a comma between the words bond and provided in Code Section 15-16-24, relating to liability for misconduct of jailers. (31) Said title is further amended by deleting the dollar sign in paragraph (19) of Code Section 15-17-14, relating to fees of constables. (32) Said title is further amended by deleting the word neccessary and inserting in lieu thereof necessary in subsection (b) of Code Section 15-21-56, relating to proceedings by persons claiming an interest in the fine and forfeiture fund. (33) Said title is further amended by repealing Code Section 15-6-11, relating to authority of certain courts to sit in sections, in its entirety. (34) Said title is further amended by striking from paragraph (1) of subsection (d) of Code Section 15-16-1, relating to qualifications of sheriffs, the following: police officer, and inserting in lieu thereof the following: peace officer. Section 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) Said title is amended by deleting the comma following the word including in paragraph (13) of Code Section 16-1-3, relating to definitions relative to crimes and offenses. (2) Said title is further amended by deleting the word prosection and inserting in lieu thereof prosecution in subsection (b) of Code Section 16-1-7, relating to multiple prosecutions for the same conduct. (3) Said title is further amended by deleting the word prejudical and inserting in lieu thereof prejudicial in subparagraph (e)(2)(B) of Code Section 16-1-8, relating to when prosecution is barred by former prosecution.

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(4) Said title is further amended by adding the word a between or and member in subsection (a) of Code Section 16-5-24, relating to aggravated battery. (5) Said title is further amended by inserting the word than following the word less in paragraph (1) of subsection (b) of Code Section 16-7-43, relating to dumping, depositing, etc., litter on public or private property or waters. (6) Said title is further amended by deleting the word the preceding the words property improvements in subsection (a) of Code Section 16-8-15, relating to conversion of payments for real property improvements. (7) Said title is further amended by deleting the comma following the word possesses in subsection (a) of Code Section 16-9-2, relating to second degree forgery. (8) Said title is further amended by deleting the word fogery and inserting in lieu thereof forgery in subsection (c) of Code Section 16-9-34, relating to criminal possession of financial transaction card forgery devices. (9) Said title is further amended by deleting upon preceding conviction in subsection (a) of Code Section 16-9-93, relating to the offense of influencing witnesses. (10) Said title is further amended by deleting the word that and inserting in lieu thereof than preceding the symbol and figure $1,000.00 in Code Section 16-10-20, relating to false statements, concealment of facts, fraudulent writings, etc., in matters within the jurisdiction of state or political subdivisions. (11) Said title is further amended by deleting the comma following the word death in subsection (b) of Code Section 16-11-1, relating to treason. (12) Said title is further amended by deleting the words Any eavesdropping device and inserting in lieu thereof An `eavesdropping device' in subsection (b) of Code Section 16-11-63, relating to possession, sale, distribution, etc., of eavesdropping devices.

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(13) Said title is further amended by striking the word similiar and inserting in lieu thereof similar in subsection (c) of Code Section 16-11-126, relating to carrying a concealed weapon. (14) Said title is further amended by deleting the comma following the figure 16-11-128 in subsection (a) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-128. (15) Said title is further amended by adding the word or after the semicolon at the end of paragraph (2) of subsection (a) of Code Section 16-12-2, relating to smoking in public places. (16) Said title is further amended by deleting the comma following the word violence in the first sentence of subsection (a) of Code Section 16-12-123, relating to bus hijacking, boarding a bus with concealed weapon, and bus company use of detection devices. (17) Said title is further amended by deleting the word accquittal and inserting in lieu thereof acquittal in Code Section 16-12-125, relating to effect of Part 2 of Article 4 of Chapter 12 of Title 16 on other provisions of law. (17.1) Said title is further amended by inserting the word State preceding Board of Pharmacy wherever it appears in Chapter 13 of Title 16, relating to controlled substances. (18) Said title is further amended by adding the word and following the semicolon at the end of paragraph (2) of subsection (c) of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, or marijuana. (19) Said title is further amended by deleting the word Phenyletoloxamine and inserting in lieu thereof Phenyltoloxamine in paragraph (727) of subsection (b) of Code Section 16-13-71, relating to defining dangerous drug. (20) Said title is further amended by striking from paragraph (10) of subsection (c) of Code Section 16-13-71, relating to defining dangerous drug, the following: precent,

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and inserting in lieu thereof the following: percent. Section 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) Said title is amended by deleting the words Justice of the peace from the signature line of the affidavit form in Code Section 17-4-45, relating to form of affidavit for arrest warrant. (2) Said title is further amended by deleting the semicolon and inserting in lieu thereof a period at the end of paragraph (5) of subsection (a) of Code Section 17-6-3, relating to acceptance of recognizance bonds for military personnel. (3) Said title is further amended by deleting the word certaintly and inserting in lieu thereof certainty in the form in subsection (e) of Code Section 17-7-71, relating to trial of defendants upon accusations in misdemeanor cases and amendment of the accusation by the prosecuting attorney. (4) Said title is further amended by adding the words as to the offense charged preceding the period in subsection (b) of Code Section 17-7-95, relating to entry of a plea of nolo contendere by an accused in noncapital felony cases and imposition of sentence. (5) Said title is further amended by deleting the comma preceding the word and and inserting a comma between the words and and if in the first sentence of subsection (b) of Code Section 17-7-130, relating to proceedings upon plea of mental incompetency to stand trial. (6) Said title is further amended by deleting the comma following the word purpose in Code Section 17-8-74, relating to allowance of additional time for closing argument. (7) Said title is further amended by deleting the comma following the word introduced in subsection (a) of Code Section 17-9-1, relating to when direction of verdict of acquittal is authorized. (8) Said title is further amended by inserting the word period following time in the first sentence of subsection (b) of Code

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Section 17-10-1, relating to fixing of sentence by the judge in misdemeanor and felony cases and suspension or probation of sentence. (9) Said title is further amended by deleting the word it following the word expresses in paragraph (1) of Code Section 17-11-4, relating to imposition of costs and jail fees upon prosecutor. (10) Said title is further amended by adding a semicolon between the words state and nor in the third sentence of subsection (b) of Code Section 17-13-46, relating to execution and filing of written waiver of extradition proceedings by an accused. (11) Said title is further amended by adding the word is between the words as and a in subsection (a) of Code Section 17-14-13, relating to manner of enforcement of a restitution order. Section 18. Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended as follows: (1) By striking Chapter 10 and inserting in lieu thereof Chapter 11 in Code Section 18-4-1, relating to practice and procedure in garnishment cases. (2) By striking Chapter 10 and inserting in lieu thereof Chapter 11 in Code Section 18-4-2, relating to discovery in garnishment proceeding. (3) By striking Chapter 10 and inserting in lieu thereof Chapter 11 in subsection (b) of Code Section 18-4-65, relating to issues defendant may raise by traverse of plaintiff's affidavit. Section 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) Said title is amended by deleting the word person and inserting in lieu thereof persons preceding the word therein and by deleting the word required and inserting in lieu thereof require in subsection (c) of Code Section 19-3-30, relating to when, where, and by whom marriage licenses shall be issued and to whom they are directed. (2) Said title is further amended by deleting the figure 600,000 and inserting in lieu thereof 550,000 in Code Section 19-3-31,

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relating to issuance of licenses at satellite courthouses in certain counties. (3) Said title is further amended by deleting the word ceremeony and inserting in lieu thereof ceremony in Code Section 19-3-48, relating to penalty for officiating at illegal marriage ceremony. (4) Said title is further amended by deleting the words or her in paragraph (5) of subsection (a) of Code Section 19-6-5, relating to factors in determining amount of alimony. (5) Said title is further amended by deleting the comma following the word may in the fourth sentence of Code Section 19-7-45, relating to blood tests. (6) Said title is further amended by deleting the word RIGHT and inserting in lieu thereof RIGHTS in paragraph (3) of subsection (c) of Code Section 19-8-4, relating to how surrender of parental rights shall be executed. (6.1) Said title is further amended by deleting Chapter 9 of this title and inserting in lieu thereof this chapter in subsection (c) of Code Section 19-9-1, relating to the initial determination and review of determinations of child custody in the case of a divorce. (6.2) Said title is further amended by deleting Chapter 9 of this title and inserting in lieu thereof this Chapter in subsection (c) of Code Section 19-9-3, relating to discretion of the court in child custody disputes between parents. (7) Said title is further amended by deleting 49-5-43 or Code Section from subsection (b) of Code Section 19-9-4, relating to investigation of abuse, neglect, etc., in custody disputes. (8) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following the word entered in paragraph (11) of Code Section 19-11-42, relating to definitions in the Uniform Reciprocal Enforcement of Support Act. (9) Said title is further amended by deleting the word defendant and inserting in lieu thereof respondent in Code Section 19-13-2, relating to jurisdiction of superior courts.

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(10) Said title is further amended by deleting the word plaintiff and inserting in lieu thereof petitioner twice in subsection (b) and once in subsection (c) of Code Section 19-13-3, relating to filing of petitions seeking relief from family violence. Section 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) Said title is amended by deleting the semicolon and inserting in lieu thereof a comma following the word turpitude in Code Section 20-2-34, relating to recommendations by the State School Superintendent to the State Board of Education. (2) Said title is further amended by deleting caluculated and inserting in lieu thereof calculated in the first sentence of subsection (a) of Code Section 20-2-187, relating to the amount and use of funds for student transportation. (3) Said title is further amended by deleting the comma following the word equalized in paragraph (2) of subsection (a) of Code Section 20-2-223, relating to calculation of required local support according to financial ability. (4) Said title is further amended by deleting the comma following the word taxation in Code Section 20-2-370, relating to referendum on repeal of special school law and consolidation of systems. (5) Said title is further amended by deleting the semicolons and inserting in lieu thereof periods at the end of paragraphs (1) through (7) of Code Section 20-2-792, relating to definitions in the Professional Teaching Practices Act. (6) Said title is further amended by deleting or certify to the State School Superintendent the amount of funds the second time such language appears in Code Section 20-2-893, relating to providing for funds required annually for employer contributions. (7) Said title is further amended by deleting purchase and inserting in lieu thereof purchases in Code Section 20-2-1014, relating to the purchase price of textbooks. (8) Said title is further amended by deleting the word Administration and inserting in lieu thereof Administrative in subsection (d) of Code Section 20-3-113, relating to review by the State Board of Education of its decisions.

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(9) Said title is further amended by deleting the comma following Paragraph I(a) in Code Section 20-3-167, relating to remedies of bondholders, receivers, or indenture trustees. (10) Said title is further amended by adding a comma after the word program in subparagraph (B) of paragraph (4) of Code Section 20-3-201, relating to definitions in the Private Colleges and Universities Facilities Authority Act. (11) Said title is further amended by inserting a period following students in paragraph (1) of subsection (a) of Code Section 20-3-261, relating to legislative findings concerning postsecondary education. (12) Said title is further amended by deleting the semicolon following the word States in subparagraph (Z) of paragraph (1) of Code Section 20-3-266, relating to powers and duties of the Georgia Higher Education Assistance Corporation. (13) Said title is further amended by deleting the comma between the words agreement and inform in subsection (a) of Code Section 20-3-278, relating to reports as to loan commitment agreements. (14) Said title is further amended by adding a comma following the word directors in the first sentence of Code Section 20-3-315, relating to Georgia Student Finance Authority officers and employees. (15) Said title is further amended by deleting the words provisions of in subsection (a) of Code Section 20-3-391, relating to the state student incentive grant program. (16) Said title is further amended by deleting the comma following Paragraph VII in Code Section 20-3-500, relating to board of regents scholarships. (17) Said title is further amended by deleting the word industries and inserting in lieu thereof industrial in Code Section 20-4-41, relating to extent and nature of quick start training to be offered. (18) Said title is further amended by deleting sentence or provisions and inserting in lieu thereof sentence or provision in Article XII of the Interstate Library Compact as contained in Code Section 20-5-61, relating to enactment of the compact.

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Section 21. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows: (1) Said title is amended by deleting ; and each and inserting in lieu thereof . Each in subsection (c) of Code Section 21-1-2, relating to preparation, printing, publicizing, etc., of summary of general amendments to Constitution of Georgia. (2) Said title is further amended by inserting a comma after the word chapter in paragraph (5) of Code Section 21-2-2, relating to definitions relative to the Georgia Election Code. (3) Said title is further amended by deleting the word presidental and inserting in lieu thereof presidential in Code Section 21-2-10, relating to presidential electors. (4) Said title is further amended by deleting the word chariman and inserting in lieu thereof chairman in subsection (e) of Code Section 21-2-134, relating to substitute nominations to fill vacancies in party nominations caused by death, disqualification, etc. (5) Said title is further amended by deleting the word unless and inserting in lieu thereof if between the words office and he in the introductory language of subsection (b) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary. (6) Said title is further amended by deleting the comma following the words each county in the first sentence of subsection (a) of Code Section 21-2-211, relating to appointment, compensation, etc., of county registrars. (7) Said title is further amended by deleting the comma after the word districts and inserting in lieu thereof a semicolon in Code Section 21-2-238, relating to persons entitled to vote in each election district. (8) Said title is further amended by deleting the comma following the word electors in the first sentence of subsection (a) of Code Section 21-2-262, relating to petition by electors or by county executive committee of a political party for division of election districts or alteration of boundaries of election districts.

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(9) Said title is further amended by deleting the comma following the word temporarily in subsection (b) of Code Section 21-2-330, relating to instruction of electors in use of voting machines before a primary or election. (10) Said title is further amended by adding the word and between questions, and the in Code Section 21-2-364, relating to voting by paper ballot when use of vote recorders is impossible or impracticable. (11) Said title is further amended by deleting 600,000 and inserting in lieu thereof 550,000 in Code Section 21-2-382, relating to utilization of courthouse annex, etc., in certain counties as registrar's office, etc. (11.1) Said title is further amended by adding the word in preceding subsection in subsection (c) of Code Section 21-2-384, relating to the oaths of absentee electors and persons assisting absentee electors. (11.2) Said title is further amended by designating the first unnumbered paragraph as subsection (a) in Code Section 21-2-402, relating to the preparation of voter's certificates by the Secretary of State. (12) Said title is further amended by deleting the comma following the word sheets in the second sentence of subsection (a) of Code Section 21-2-455, relating to canvass and return of votes. (13) Said title is further amended by adding a comma after the word peace in subparagraph (4)(C) of Code Section 21-2-497, relating to preparation by a superintendent of four copies of consolidated return of elections. (14) Said title is further amended by deleting 600,000 and inserting in lieu thereof 550,000 in Code Section 21-3-10, authorizing the governing authority of certain municipalities to allow the county to conduct all elections held pursuant to Chapter 3 of Title 21. (15) Said title is further amended by deleting in subsection (a) of this Code section from subsection (b) of Code Section 21-3-120, relating to appointment and compensation of registrars and deputy registrars.

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(15.1) Said title is further amended by striking registrars or deputy registrars may not be and inserting in lieu thereof registrars or deputy registrars not being in subsection (b) of Code Section 21-3-121, relating to qualifications of registrars or deputy registrars. (16) Said title is further amended by deleting the comma following the word organization in paragraph (2) of Code Section 21-3-186, relating to form of an official nonpartisan primary ballot. (17) Said title is further amended by deleting the comma following the word require in subsection (f) of Code Section 21-3-187, relating to form of official election ballots. (18) Said title is further amended by deleting the comma between the word operated and the word and in paragraph (3) of Code Section 21-3-210, relating to definitions relative to voting machines and vote recorders. (19) Said title is further amended by deleting the word requirement and inserting in lieu thereof requirements in the last sentence of subsection (b) of Code Section 21-3-257, relating to preparation of vote recorders for voting, public tests of counting mechanisms, and correction of errors before approval. (20) Said title is further amended by deleting brother-in law and inserting in lieu thereof brother-in-law in subsection (a) and by deleting the word applicent and inserting in lieu thereof applicant in subsection (c) of Code Section 21-3-283, relating to making of application for an absentee ballot. (21) Said title is further amended by deleting the comma following the word elector in subsection (b) of Code Section 21-3-285, relating to procedure for voting by absentee ballot. (22) Said title is further amended by deleting chariman and inserting in lieu thereof chairman in the third sentence of subsection (a) of Code Section 21-3-317, relating to the designation and activities of election poll watchers. (23) Said title is further amended by capitalizing the first letter of the word that following the numeral (1) and by capitalizing the first letter of the word the following the numerals (2), (3), (4), and (5) in Code Section 21-3-364, relating to duties of poll officers after the close of the polls.

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(24) Said title is further amended by deleting the comma following the word removed in subsection (b) of Code Section 21-3-383, relating to counting of ballot cards, write-in ballots, absentee ballots, etc., at tabulating machine centers. (25) Said title is further amended by deleting the word runoff and inserting in lieu thereof run-off in paragraph (5) of Code Section 21-5-3, relating to definitions relative to the Campaign and Financial Disclosure Act. Section 22. Reserved. Section 23. Reserved. Section 24. Reserved. Section 25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended as follows: (1) Said title is amended by deleting the word city and inserting in lieu thereof municipality twice in paragraph (2) of subsection (a) of Code Section 25-2-12.1, relating to deputizing of local fire marshals, deputy local fire marshals, and state inspectors as state officers. (2) Said title is further amended by adding the word which between the words or and is in paragraph (2) of subsection (b) of Code Section 25-2-13, relating to buildings presenting special hazards to persons or property. (3) Said title is further amended by deleting the word city and inserting in lieu thereof municipal in subsection (a) of Code Section 25-2-14, relating to requirement, issuance, etc., of building permits and certificates of occupancy. (4) Said title is further amended by inserting of investigation following the word director in the first sentence of subsection (a) of Code Section 25-2-33, relating to release of fire loss information by insurers on request by the state fire marshal, etc., or on suspicion of arson, and by inserting the word and following the semicolon at the end of paragraph (3) of said subsection.

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(5) Said title is further amended by deleting the word copartnership and inserting in lieu thereof partnership in paragraph (11) of Code Section 25-8-2, relating to definitions relative to blasting standards. (6) Said title is further amended by deleting the word State in Code Section 25-10-7, relating to applicability of provisions of Chapter 10 of Title 25. Section 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows: (1) Said title is amended by deleting the provisions of from subparagraph (9)(A) of Code Section 26-2-28, relating to when food is deemed to be misbranded. (2) Said title is further amended by adding a semicolon between the words animal and and in Code Section 26-2-84, relating to detention of carcasses, meat, and meat food products suspected of being adulterated or misbranded. (3) Said title is further amended by deleting ; and if and inserting in lieu thereof. If in subsection (c) of Code Section 26-2-103, relating to post-mortem inspection and marking of carcasses and parts. (4) Said title is further amended by adding an amount following the word fined in Code Section 26-2-161, relating to penalty for violations of Code Section 26-2-157, 26-2-158, 26-2-159, or 26-2-160. (5) Said title is further amended by adding other than in such investigations preceding the period at the end of subparagraph (11)(B) of Code Section 26-3-2, relating to definitions relative to the Georgia Drug and Cosmetic Act. (6) Said title is further amended by deleting subsection (a) of Code Section 26-3-9, relating to name and address of manufacturer on label of drugs requiring prescription, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any drug product designed for human usage which is branded as follows:

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`Caution: Federal law prohibits dispensing without prescription' shall bear on the label the name and address of the manufacturer. (7) Said title is further amended by deleting the word prostrate and inserting in lieu thereof prostate in subsection (b) of Code Section 26-3-13, relating to when a drug, device, or cosmetic advertisement is deemed false. (8) Said title is further amended by deleting the word licentiate and inserting in lieu thereof licensee in Code Section 26-4-38, relating to proceedings by the State Board of Pharmacy. (9) Said title is further amended by deleting the word offering and inserting in lieu thereof which offers in subparagraph (4)(B) of Code Section 26-5-3, relating to definitions relative to the Drug Abuse Treatment and Education Act. (10) Said title is further amended by striking from subparagraph (16)(B) of Code Section 26-4-2, relating to definitions relative to pharmacists, the following: this article, and inserting in lieu thereof the following: Article 2 of this chapter. Section 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) Said title is amended by inserting the word Procedure following Administrative in Code Section 27-1-5, relating to applicability of Chapter 13 of Title 50, the Georgia Administrative Procedure Act, to rules and regulations promulgated by the board. (2) Said title is further amended by deleting the comma following the word responsibilities in paragraph (5) of Code Section 27-1-18, relating to powers of conservation rangers. (3) Said title is further amended by deleting the word and between the words information and as in the first sentence of subsection (d) of Code Section 27-2-10, relating to commercial alligator farming licenses.

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(4) Said title is further amended by deleting of the state following remainder of the state in paragraph (8) of subsection (b) and by deleting the comma following the word Service in subsection (d) of Code Section 27-3-15, relating to seasons and bag limits, promulgation of rules and regulations by the board, and possession of more than the bag limit. (5) Said title is further amended by deleting prohibted and inserting in lieu thereof prohibited at the end of the first sentence in subsection (d) of Code Section 27-3-19, relating to the hunting and possession of alligators. (6) Said title is further amended by deleting the comma preceeding the word seafood in paragraph (9) of subsection (a) of Code Section 27-4-130, relating to factors governing decision to open or close salt waters. (7) Said title is further amended by deleting managment and inserting in lieu thereof management in Code Section 27-4-133, relating to fishing with nets. Section 28. Title 28 of the Official Code of Georgia Annotated, relating to General Assembly, is amended as follows: (1) Said title is amended by adding of subsection (a) following (22) each time it appears in subsection (a) of Code Section 28-1-8, relating to salary and allowances of members and officers of the General Assembly. (2) Said title is further amended by deleting act and inserting in lieu thereof Act in paragraph (3) of Code Section 28-3-24, relating to fees of the Secretary of the Senate and the Clerk of the House of Representatives. Section 29. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended as follows: (1) Said title is amended by deleting is not sued from subsection (b) of Code Section 29-2-49, relating to when sureties may be subject to an action alone without first bringing action against guardian and the effect of action on the guardian. (2) Said title is further amended by adding the word this between outside and state in Code Section 29-7-6, relating to the right of a foreign guardian to bring actions.

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Section 30. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended as follows: (1) Said title is amended by adding a new subsection (d) at the end of Code Section 30-1-4, relating to the Council on the Deaf, to read as follows: (d) Legislative members of the council shall receive expenses and allowances authorized by law for members of the legislative interim committees. The remaining members of the council shall receive no compensation but shall be reimbursed for expenses incurred by them in the performance of their duties as council members. The funds necessary to defray the expenses of state employees incurred in the performance of their duties as members of the council shall come from funds appropriated or otherwise available to their respective departments. All other funds necessary to carry out this Code section shall come from funds appropriated or otherwise available to the legislative branch of state government. (2) Said title is further amended by deleting ; provided, that and inserting in lieu thereof , provided that twice in paragraph (6) of Code Section 30-3-2, relating to definitions relative to access to public buildings by handicapped persons. Section 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) Said title is amended by deleting article and inserting in lieu thereof chapter in the first sentence of Code Section 31-4-1, relating to the creation and composition of the Council on Maternal and Infant Health. (2) Said title is further amended by deleting secretary of health and human services and inserting in lieu thereof Secretary of Health and Human Services in paragraph (23) of subsection (a) of Code Section 31-6-2, relating to definitions relative to state health planning and development. (3) Said title is further amended by deleting the word infimary and inserting in lieu thereof infirmary in paragraph (2) of Code Section 31-7-1, relating to definitions relative to regulation and construction of hospitals.

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(4) Said title is further amended by deleting secretary of health and human services and inserting in lieu thereof Secretary of Health and Human Services in subsections (b) and (d) of Code Section 31-7-53, relating to the matching formula for grants, priority system, use of earnings, and approval of federal grants. (5) Said title is further amended by adding the word any between nor and resident's in Code Section 31-8-119, relating to obtaining of contributions by coercion and use of contributions designated for a restricted purpose. (6) Said title is further amended by deleting the word commissioner and inserting in lieu thereof director of the Office of Vital Records in subsection (f) of Code Section 31-10-32, relating to judicial procedure to establish facts of birth. (7) Said title is further amended by adding the word and following the semicolon at the end of paragraph (4) of Code Section 31-11-31, relating to application for an ambulance service license. (8) Said title is further amended by deleting knowledgable and inserting in lieu thereof knowledgeable in subsection (a) of Code Section 31-19-7, relating to the appointment and fees of the county rabies control officer. (9) Said title is further amended by deleting the word of and inserting in lieu thereof on the following the word Commission in paragraph (1) of Code Section 31-20-1, relating to definitions relative to sterilization procedures. (10) Said title is further amended by deleting secion and inserting in lieu thereof section at the end of paragraph (3) of subsection (b) of Code Section 31-23-6, relating to the removal of eye or corneal tissue of certain deceased persons. Section 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows: (1) Said title is amended by deleting the word incidental and inserting in lieu thereof incident in paragraph (6) and by adding a comma following the words counties and thereof in paragraph (7) of Code Section 32-1-3, relating to definitions relative to Title 32, and by deleting (1) and inserting in lieu thereof (2) following the word paragraph in paragraph (18) of said Code section.

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(2) Said title is further amended by deleting the comma following 45-15-16 in paragraph (4) of subsection (a) of Code Section 32-2-2, relating to powers and duties of the Department of Transportation, and by deleting supervisor of purchases and inserting in lieu thereof Department of Administrative Services in subparagraph (a)(16)(D) of said Code section. (2.1) Said title is further amended by deleting within and between and inserting in lieu thereof within or between in paragraph (1) of subsection (a) of Code Section 32-2-3, relating to development of long-range transportation plans, planning techniques, etc. (2.2) Said title is further amended by deleting Authority for the State and inserting in lieu thereof Authority or the State in paragraph (1) of subsection (a) of Code Section 32-2-75, relating to insertion in contracts of clauses providing for retainage of amounts constituting a percentage of gross value of completed work. (2.3) Said title is further amended by deleting clause relating to in subsection (a) of Code Section 32-2-76, relating to insertion in contracts of clauses providing for escrow agreements. (2.4) Said title is further amended by deleting Any property or interest, including scenic easements, airspace, and rights of access, may be acquired and inserting in lieu thereof Any property may be acquired in fee simple or in any lesser interest, including scenic easements, air space, and rights of access, in subsection (a) of Code Section 32-3-1, relating to authority of state, counties, and municipalities to acquire property or interests by gift, purchase, condemnation, etc., for present or future public road or other transportation purposes. (2.5) Said title is further amended by deleting Any property or interest may be so acquired and inserting in lieu thereof Any property may be so acquired in fee or any lesser interest in the second sentence of subsection (a) of Code Section 32-3-3, relating to acquisition of property or interests by donation, exchange, prescription, etc. (2.6) Said title is further amended by deleting may petition the superior court of the county having jurisdiction for a judgment in rem and inserting in lieu thereof may file a proceeding in rem in the superior court of the county having jurisdiction in Code Section 32-3-4,

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relating to authority of state, county, or municipality to bring condemnation proceedings for public road purposes. (2.7) Said title is further amended by deleting title to the property or interest and inserting in lieu thereof title to the property in fee simple absolute or such lesser interest in Code Section 32-3-7, relating to the vesting of title in the condemning authority. (2.8) Said title is further amended by deleting , subject, however, to the power of the court as provided for in Code Section 32-3-11 at the end of subsection (b) of Code Section 32-3-17, relating to right to intervene in proceedings and effect of subsequent proceedings on rights of condemnor. (2.9) Said title is further amended by adding a new Code section following Code Section 32-3-17, to be designated Code Section 32-3-17.1, to read as follows: 32-3-17.1. All questions of law arising upon the pleadings or in any other way arising from the cause, subsequent to the filing of the declaration of taking and the deposit of the fund, and subsequent to the filing of notice of appeal, if any, shall be passed on by the presiding judge who may, from time to time, in term or vacation, make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court. (2.10) Said title is further amended by deleting 32-3-11 and inserting in lieu thereof 32-3-20 in Code Section 32-3-18, relating to effect of appeal, bond, etc., on vesting of title in condemnor. (2.11) Said title is further amended by deleting , Chapter 1, from subsection (a) of Code Section 32-5-1, relating to receipt of funds by state. (2.12) Said title is further amended by deleting All and inserting in lieu thereof One-third to pay all in subparagraph (4)(A), by deleting All and inserting in lieu thereof One-third to pay all in subparagraph (4)(B), and by deleting All and inserting in lieu thereof The remaining one-third to pay all in subparagraph (4)(C) of Code Section 32-5-21, relating to priority of expenditures from the State Public Transportation Fund.

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(3) Said title is further amended by deleting the words Not withstanding and inserting in lieu thereof Notwithstanding in the introductory language of Code Section 32-5-23, relating to limitations on expenditures from the State Public Transportation Fund. (4) Said title is further amended by deleting the comma following the word purpose in the second sentence of Code Section 32-5-24, relating to authorization of expenditure for public roads serving planned communities. (5) Said title is further amended by deleting 40-6-1 through 40-6-3 and inserting in lieu thereof 40-6-200, 40-6-202, 40-6-203, and 40-6-204 in the introductory language of Code Section 32-6-2, relating to authority of the department, counties, and municipalities to regulate parking. (6) Said title is further amended by deleting of subsection (a) of this Code section and inserting in lieu thereof of this subsection in subsection (b) and by deleting the commas following the words remove and court in paragraph (2) of subsection (h) of Code Section 32-6-27, relating to enforcement of load limitations. (7) Said title is further amended by deleting the comma following the word issue in paragraph (6) of subsection (a) of Code Section 32-6-28, relating to permits for excess weight and dimensions, and by deleting the word subparagraph and inserting in lieu thereof paragraph twice in the last paragraph of subsection (c) of said Code section. (8) Said title is further amended by deleting 44-4-1 and inserting in lieu thereof 16-7-43 in paragraph (10) of subsection (a) of Code Section 32-6-29, relating to the duty of the department to enforce Article 2 of Chapter 6 of Title 32 and paragraph (15) of subsection (a) of Code Section 32-2-2. (9) Said title is further amended by deleting the comma following the word carried in paragraph (3) of subsection (a) of Code Section 32-6-30, relating to authority of law enforcement officers and other department authorized personnel to stop vehicles for purposes of weighing, measuring, or inspecting. (10) Said title is further amended by inserting 32-6-3, between 32-1-10, and 32-6-26,; by adding the word and following 32-6-27,;

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and by deleting , and 32-6-30 in Code Section 32-6-31, relating to construction of Code Sections 32-1-7, 32-1-10, 32-6-3, 32-6-26, 32-6-27, and 32-6-29. (10.1) Said title is further amended by deleting shall be approved by the board only and inserting in lieu thereof only shall be approved by the board in paragraph (29) of Code Section 32-6-71, relating to definitions relative to erection of outdoor advertising, etc. in areas adjacent to rights of way of roads in state highway system. (11) Said title is further amended by deleting the comma following 32-6-79 in subsection (a) of Code Section 32-6-80, relating to renewal of permits for nonconforming signs. (11.1) Said title is further amended by deleting paragraph (1) of in paragraph (2) of subsection (a) of Code Section 32-6-81, relating to revocation or withholding of permits for illegal or unauthorized actions against the department's property. (12) Said title is further amended by deleting the word timely preceding the word retrieve in subsection (d) of Code Section 32-6-96, relating to authority of the department to enter upon private lands to implement administrative decisions. (12.1) Said title is further amended by adding the word state preceding highway system in subsection (c) of Code Section 32-6-191, relating to determination of responsibility for construction of new grade crossings and relocation of existing grade crossings. (12.2) Said title is further amended by deleting the word an between performing and emergency and inserting in lieu thereof any in the last sentence of subsection (b) of Code Section 32-6-202, relating to authority of department, counties, and municipalities to require railroads to fulfill duties to maintain grade separation structures, protective devices, and grade crossings. (12.3) Said title is further amended by deleting 4630 and inserting in lieu thereof 210 in paragraph (1) of subsection (a), by deleting 4655 and inserting in lieu thereof 305 in paragraph (2) of subsection (a), by deleting 4655 and inserting in lieu thereof 305 in subsection (b), and by deleting 4655 and inserting in lieu thereof 305 in subsection (c) of Code Section 32-8-1, relating to relocation assistance to persons displaced by federal-aid highway projects.

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(12.4) Said title is further amended by deleting 4630 and inserting in lieu thereof 210 in paragraph (1) of subsection (a), by deleting 4655 and inserting in lieu thereof 305 in paragraph (2) of subsection (a), by deleting 4655 and inserting in lieu thereof 305 in subsection (b), and by deleting 4655 and inserting in lieu thereof 305 in subsection (c) of Code Section 32-8-3, relating to relocation assistance to persons displaced by federal-aid river and harbor improvement projects. (12.5) Said title is further amended by deleting the word reasearch and inserting in lieu thereof research in paragraph (1) of subsection (b) and by deleting the word developing and inserting in lieu thereof development of in subparagraph (b)(2)(A) of Code Section 32-9-1, relating to departmental aid for mass transportation facilities. (12.6) Said title is further amended by deleting to the user in paragraph (4) of subsection (b) of Code Section 32-9-6, relating to departmental aid for rail service. (12.7) Said title is further amended by striking biphenal and inserting in lieu thereof biphenyl in paragraph (2) of Code Section 32-6-222, relating to definition of hazardous waste. (13) Said title is further amended by deleting the comma between the words securities issued by and such authority in subsection (d) of Code Section 32-9-9, relating to creation of transit authority by special legislation and the authority's attributes and powers, and by deleting the first sentence of subsection (d) and inserting in lieu thereof the following: The General Assembly may, by special Act, create a transit authority charged with the duty of acquiring, constructing, owning, operating, and maintaining a mass rapid transit system within a metropolitan area as defined in this Code section. (13.1) Said title is further amended by adding the words as amended, following p. 124, in paragraph (2) of Code Section 32-10-1, relating to definitions relative to the Georgia Highway Authority. (13.2) Said title is further amended by deleting the word committed and inserting in lieu thereof permitted in the last sentence

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of subsection (b) of Code Section 32-10-3, relating to members, compensation, officers, quorum, record of proceedings of the Georgia Highway Authority. (14) Said title is further amended by deleting the word for and inserting in lieu thereof or following the word engineer in Code Section 32-10-7, relating to projects and letting of contracts by competitive bids. (14.1) Said title is further amended by adding (a) following Paragraph I and (b) following Paragraph VII in the last sentence of Code Section 32-10-43, relating to rights and remedies of holders of bonds or interest coupons, of receivers for such holders, and of indenture trustees. (14.2) Said title is further amended by adding all necessary relocation expenses, following the word means in paragraph (6) of Code Section 32-10-60, relating to definitions relative to the State Tollway Authority. (14.3) Said title is further amended by deleting committed and inserting in lieu thereof permitted in subsection (a) of Code Section 32-10-62, relating to membership, compensation, officers, bylaws, quorum, record of proceedings of the State Tollway Authority. (15) Said title is further amended by deleting the comma following the word thereon and by deleting the comma following the words property of the state and inserting in lieu thereof a semicolon in Code Section 32-10-103, relating to rights and remedies of holders of bonds or interest coupons and of indenture trustees. Section 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) Said title is amended by adding a comma following the word associations in paragraph (4) and by adding a comma following the word groups in paragraph (5) of Code Section 33-1-2, relating to definitions relative to insurance. (2) Said title is further amended by deleting ; except that before and inserting in lieu thereof , except that, before in Code Section 33-1-4, relating to use of existing forms and filings.

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(3) Said title is further amended by adding a comma between the words that and when in the last sentence of Code Section 33-2-15, relating to payment of expenses of examinations. (4) Said title is further amended by deleting the commas between the words hearing and which in subsections (b) and (c) of Code Section 33-2-24, relating to powers of the Insurance Commissioner for enforcement of title and rules, regulations, and orders promulgated thereunder. (5) Said title is further amended by deleting the comma following the word contract in subsection (b) of Code Section 33-3-2, relating to certificate of authority required for transaction of insurance within the state. (6) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma after the word title in subsection (a) of Code Section 33-3-3, relating to qualifications for transaction of insurance. (7) Said title is further amended by adding a comma between the words that and if in paragraph (3) of Code Section 33-3-4, relating to kinds of insurance in which insurers may transact. (8) Said title is further amended by placing parentheses around stock, mutual, and reciprocal insurers, if a stock insurer, and if a mutual or reciprocal insurer in Code Section 33-3-7, relating to requirement of surplus for new insurers. (9) Said title is further amended by deleting the comma following the word insurance and preceding or $300,000.00 in paragraph (3) of subsection (b) of Code Section 33-3-8, relating to requirements as to deposit of securities. (10) Said title is further amended by adding the word insurance between or and of in paragraph (2) of subsection (b) of Code Section 33-3-11, relating to requirement of a licensed resident agent. (11) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following the word confusion in subsection (a) of Code Section 33-3-12, relating to requirements as to the name of an insurer.

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(12) Said title is further amended by deleting the word suit and inserting in lieu thereof an action in paragraph (2) of subsection (a) of Code Section 33-3-20, relating to imposition of administrative fine upon an insurer for certain acts of officers, employees, agents, or representatives. (13) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon at the end of division (1)(B)(iii) of Code Section 33-3-22, relating to reports of insurers authorized to transact product liability insurance, and by adding the word and at the end of paragraph (6) of said Code section. (14) Said title is further amended by deleting the word incude and inserting in lieu thereof include in subsection (b) of Code Section 33-3-24, relating to institutions of the Farm Credit System. (15) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following the word insurnace in subsection (b) of Code Section 33-3-25, relating to retaliation. (16) Said title is further amended by deleting the word Association and inserting in lieu thereof association in Code Section 33-4-2, relating to service of process. (17) Said title is further amended by deleting the comma following the word state in paragraph (1) of subsection (a) of Code Section 33-5-1, relating to prohibiting representation of unauthorized insurers. (18) Said title is further amended by deleting the comma following the word state in subsection (b) of Code Section 33-5-2, relating to validity of contracts effectuated by unauthorized insurers. (19) Said title is further amended by adding a comma between the words records and or in paragraph (2) of subsection (a) of Code Section 33-5-23, relating to revocation or suspension of a broker's license. (20) Said title is further amended by adding a comma following the word October in subsection (a) of Code Section 33-5-29, relating to filing of quarterly affidavits by surplus line brokers.

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(21) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following the word period in Code Section 33-5-32, relating to penalty for failure to file quarterly affidavit or remit tax within time prescribed by law. (22) Said title is further amended by deleting the comma following proceeding is pending and by inserting a comma following approved by the court in paragraph (1) of subsection (a) of Code Section 33-5-57, relating to conditions precedent to filing of pleadings by an insurer. (23) Said title is further amended by deleting the word Act and inserting in lieu thereof act in Code Section 33-6-1, relating to the purpose of Chapter 6, relating to unfair trade practices. (24) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon and the word and at the end of subparagraph (7)(B) of Code Section 33-6-5, relating to other unfair methods of competition and unfair and deceptive acts or practices. (25) Said title is further amended by deleting the word connection and inserting in lieu thereof connected in Code Section 33-7-4, relating to life insurance. (26) Said title is further amended by deleting the commas following the words contracts and policies in paragraph (2) of Code Section 33-7-7, relating to surety insurance. (27) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon at the end of subparagraph (a)(1)(A) of Code Section 33-7-11, relating to requirements of motor vehicle liability policies; by deleting the word or at the end of divisions (b)(1)(D)(i), (b)(1)(D)(ii), and (b)(1)(D)(iii); and by deleting 'John Doe;' and inserting in lieu thereof 'John Doe'; in said Code section. (28) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma at the end of paragraph (9) of Code Section 33-8-5, relating to abatement or reduction of tax on insurance premiums. (29) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon at the end of paragraph (1) of

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subsection (b) of Code Section 33-8-8, relating to imposition of license fees upon life insurance companies by counties, municipal corporations, etc. (30) Said title is further amended by deleting thereof, or if and inserting in lieu thereof thereof or, if in paragraph (4) of subsection (a); by adding the word or following the semicolon in paragraph (6) of subsection (a); and by deleting the comma following the word state in subsection (b) of Code Section 33-9-3, relating to application of Chapter 9. (31) Said title is further amended by deleting the comma following the word applicable and inserting a comma between the words and and in in paragraph (4); by deleting the period and inserting in lieu thereof a semicolon in paragraph (8); and by deleting the period and inserting in lieu thereof ;and in paragraph (9) of Code Section 33-9-4, relating to standards applicable to making and use of rates. (32) Said title is further amended by deleting the word Section and inserting in lieu thereof section in subsection (c) of Code Section 33-9-8, relating to the requirement of agreements among admitted insurers for apportionment of casualty insurance, and by adding a comma after the word adherents in the first sentence of subsection (d) of said Code section. (33) Said title is further amended by adding a comma following the word section in subsection (c) of Code Section 33-9-22, relating to conduct of examinations of rating organizations, advisory organizations, etc., by the Commissioner. (34) Said title is further amended by adding a comma following the word group in Code Section 33-9-27, relating to issuance of notice by the Commissioner upon determination of noncompliance of insurer, rating organization, advisory organization, etc., with requirements of Chapter 9. (35) Said title is further amended by adding a comma between the words noncompliance and provided and deleting the comma following provided and by adding a comma between 33-9-27 and the in Code Section 33-9-28, relating to conduct of hearing by the Commissioner upon failure of an insurer, organization, etc., to correct noncompliance, etc.

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(36) Said title is further amended by adding a comma between the words but and if in subsection (a) of Code Section 33-9-38, relating to penalty for failure to comply with a final order of the Commissioner. (37) Said title is further amended by deleting the word or following the semicolon in subparagraph (1)(A) and inserting the word or following the semicolon in subparagraph (1)(B) of Code Section 33-10-9, relating to employers' liability and workers' compensation insurance. (38) Said title is further amended by deleting liabilities hereinafter called reserves and inserting in lieu thereof liabilities, hereinafter called reserves, in subsection (b) of Code Section 33-10-13, relating to valuation of reserves; by deleting Tables; except, that and inserting in lieu thereof Tables, except that in subparagraph (d)(1)(B); by deleting the semicolon and inserting in lieu thereof a period at the end of subparagraph (d)(1)(H); by deleting the comma following the word Table in subparagraph (d)(2)(C); by deleting the semicolon and inserting in lieu thereof a period in subparagraph (d)(2)(E); by adding the word and following the semicolon at the end of subparagraph (e)(1)(A); by deleting the semicolon and inserting in lieu thereof a period at the end of subparagraph (e)(1)(B); by adding a comma between the words employer and including and a comma following the word proprietorship in subparagraph (e)(2)(B); and by deleting the semicolon and inserting in lieu thereof a period at the end of paragraph (1) of subsection (h) of said Code section. (39) Said title is further amended by designating the introductory language as subsection (a) in Code Section 33-11-25, relating to bonds, etc., secured by a first mortgage or deed of trust upon improved or income-producing real property in the United States or Canada; by deleting the periods and inserting in lieu thereof semicolons at the end of subparagraphs (1)(A), (1)(B), (1)(D), and (1)(E); by deleting the semicolon and inserting in lieu thereof a period at the end of subparagraph (4)(B); and by redesignating paragraph (5) as subsection (b) of said Code section. (40) Said title is further amended by deleting the word benefit and inserting in lieu thereof benefits in subsection (f) of Code Section 33-11-34, relating to establishment, etc., of separate accounts for funds received in connection with pension, retirement, and profitsharing plans.

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(41) Said title is further amended by deleting the semicolon following the word provided in subsection (g) of Code Section 33-11-35, relating to establishment, etc., of separate accounts for variable annuity contracts. (42) Said title is further amended by adding a comma following the words provided that in paragraph (5) of subsection (b) of Code Section 33-11-36, relating to establishment of separate accounts for variable life insurance policies; by adding a comma following the word ability in the second sentence of subsection (g); and by deleting the word subparagraph and inserting in lieu thereof subparagraphs in subsection (h) of said Code section. (43) Said title is further amended by adding the word or following the semicolon at the end of paragraph (2) of subsection (b) of Code Section 33-12-1, relating to persons with whom a required deposit is to be made. (44) Said title is further amended by deleting the Treasurer and from Code Section 33-12-12, relating to proceedings upon appointment of a receiver. (45) Said title is further amended by adding a comma following the word Affiliate preceding the quotation marks, by adding a comma following the words specific person, and by adding the word who following the words a person in paragraph (1) of Code Section 33-13-1, relating to definitions relative to insurance holding company systems; by adding a comma following the word Control preceding the quotation marks, by adding a comma following the word with preceding the quotation marks, and by deleting the comma between the words person and whether in paragraph (3); and by deleting the words Security holder and inserting in lieu thereof Securityholder in paragraph (7) of said Code section. (46) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon at the end of subparagraph (b)(1)(B); by deleting the semicolon and inserting a comma following the word assets and deleting the comma following the word provided in paragraph (2) of subsection (b); and by inserting a comma between the words if and after in paragraph (5) of subsection (b) of Code Section 33-13-2, relating to acquisition of subsidiaries by domestic insurers.

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(47) Said title is further amended by deleting the word any and inserting in lieu thereof the between the words of and agreement in paragraph (1) of subsection (a) of Code Section 33-13-3, relating to acquisition of control of or merger with a domestic insurer, and by deleting the period and inserting in lieu thereof a semicolon at the end of subparagraph (f)(1)(C) of said Code section. (48) Said title is further amended by deleting clearly and accurately disclose and inserting in lieu thereof disclose clearly and accurately in subparagraph (a)(1)(B) of Code Section 33-13-5, relating to standards governing transactions by registered insurers with affiliates. (49) Said title is further amended by adding a comma following except that and by deleting the comma following the word Commissioner in subsection (a) of Code Section 33-13-14, relating to right of appeal from rules, regulations, orders, etc., of the Commissioner. (50) Said title is further amended by deleting the comma following the words attached to it in subsection (b) of Code Section 33-14-5, relating to filing of application for charter with the Secretary of State, and by deleting the comma following the words official seal in subsection (d) of said Code section. (51) Said title is further amended by adding a comma following the word publication in subsection (c) of Code Section 33-14-6, relating to grant of corporate powers and privileges. (52) Said title is further amended by adding the word and following the semicolon at the end of paragraph (2) of subsection (b) of Code Section 33-14-8, relating to procedures for amendment or renewal of a charter. (53) Said title is further amended by deleting the comma following the word may in subsection (b) of Code Section 33-14-17, relating to regulation of form, content, and manner of solicitation of proxies, consents, or authorizations in respect to voting securities issued by insurers. (54) Said title is further amended by deleting the comma following the word thereto in paragraph (2) of subsection (a); by deleting the comma following the word company in paragraph (4) of subsection

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(a); and by deleting the comma following the word surrender in subsection (c) of Code Section 33-14-25, relating to procedure for surrender of a charter. (55) Said title is further amended by deleting the word bylaws and inserting in lieu thereof laws in subsection (a) of Code Section 33-14-43, relating to authorization and procedure for merger or consolidation of domestic stock insurers. (56) Said title is further amended by deleting the comma following the word copy in the first sentence of subsection (c) of Code Section 33-14-60, relating to adoption by directors of original bylaws. (57) Said title is further amended by deleting the word purposes and inserting in lieu thereof proposes in subsection (b) of Code Section 33-14-61, relating to types of insurance in which newly organized insurers are authorized to transact business. (58) Said title is further amended by deleting the comma following the word organization and inserting a comma between the words and and if in the last sentence of paragraph (6) of subsection (f) of Code Section 33-15-2, relating to procedure for organization of societies, and by adding a comma following the word affairs in subsection (h) of said Code section. (59) Said title is further amended by adding an apostrophe after the words two-thirds and deleting the word and following the semicolon at the end of paragraph (3) of subsection (c) of Code Section 33-15-29, relating to authorization and procedure for consolidation or merger of fraternal benefit societies, and by deleting the period and inserting in lieu thereof ;and at the end of paragraph (4) of subsection (c) of said Code section. (60) Said title is further amended by deleting the comma following the word chapter in subsection (b) of Code Section 33-15-37, relating to making of a false or fraudulent statement in an application for membership. (61) Said title is further amended by deleting the comma following the word loss in subsection (a) of Code Section 33-16-2, relating to the definition of the term domestic farmers' mutual fire insurance companies.

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(62) Said title is further amended by deleting the word subcriber and inserting in lieu thereof subscriber in subsection (d) of Code Section 33-17-22, relating to manner of levy of assessments against subscribers. (63) Said title is further amended by adding medical service between the and corporation in Code Section 33-18-14, relating to power of medical service corporations to contract with physicians for provision of services. (64) Said title is further amended by deleting certificateholders twice and inserting in lieu thereof certificate holders twice in Code Section 33-18-29, relating to procedure for dissolution or liquidation of medical service corporations. (65) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following the word basis in Code Section 33-19-12, relating to authorization of contracts with persons, governmental agencies, etc., for provision of system of comprehensive health care. (66) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following the word hearing in subsection (e) of Code Section 33-20-13, relating to management of health care corporations. (67) Said title is further amended by adding a comma following the words composite rate in subsection (b) of Code Section 33-20-17, relating to powers of health care corporations to contract for provision of health care services. (68) Said title is further amended by deleting thereto; provided, and inserting in lieu thereof thereto, provided in Code Section 33-20-30, relating to resolution of disputes. (69) Said title is further amended by adding the word of between or and the in paragraph (10) of subsection (a) of Code Section 33-21-5, relating to suspension or revocation of a certificate of authority of a health maintenance organization. (70) Said title is further amended by deleting facilitiate and inserting in lieu thereof facilitate in Code Section 33-21-17, relating to the examination of records and facilities of health maintenance organizations and associated providers.

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(71) Said title is further amended by deleting the comma following the words at any time in subsection (d) of Code Section 33-22-3, relating to requirement of a license for transaction of business of financing insurance premiums. (72) Said title is further amended by deleting the comma following the word hearing in subsection (d) of Code Section 33-22-6, relating to grounds and procedure for revocation, suspension, or nonrenewal of an insurance premium finance company license or imposition of probation or fine. (73) Said title is further amended by placing quotation marks around the word agent following the word term in the second sentence of subparagraph (2)(A) of Code Section 33-23-1, relating to definitions relative to agents and counselors for life insurance; by deleting ; provided, that and inserting in lieu thereof , provided that in said subparagraph; and by placing quotation marks around the word agent following the word term in subparagraph (2)(B) of said Code section. (74) Said title is further amended by deleting Code Section 33-23-5.1 or and inserting in lieu thereof subsection (e) of this Code Section or Code Section in subsection (c) of Code Section 33-23-3.1, relating to residency, education, and experience requirements for licensees and affidavits as to qualifications. (75) Said title is further amended by deleting the comma following the word Commissioner in paragraph (2) of subsection (b) and by deleting the comma following the word examination in subsection (c) of Code Section 33-23-5, relating to persons required to submit to written examinations. (76) Said title is further amended by adding in the other jurisdiction between state and is in paragraph (4) of subsection (b) of Code Section 33-23-9, relating to issuance of agents' or counselors' licenses to nonresidents. (77) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon at the end of paragraph (1) of subsection (a); by adding the word applying between If and for in paragraph (2) of subsection (a) of Code Section 33-23-43, relating to qualifications for licenses; and by adding a hyphen between the words full and time in subsection (c) of said Code section.

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(78) Said title is further amended by deleting the comma following the word Commissioner in subsection (d) of Code Section 33-23-50, relating to classification and issuance of licenses. (79) Said title is further amended by adding the word and following the semicolon at the end of paragraph (2) of Code Section 33-23-59, relating to issuance of licenses to nonresident agents, brokers, or counselors. (80) Said title is further amended by deleting the word by and inserting in lieu thereof be following the word licensee in subsection (a) of Code Section 33-23-63, relating to procedure for refusal, suspension, or revocation of licenses. (81) Said title is further amended by adding a comma following the word notice in subsection (b) of Code Section 33-23-66, relating to bonds of brokers. (82) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following the word state in paragraph (2) of subsection (b) in Code Section 33-23-73, relating to action by agents as adjusters. (83) Said title is further amended by inserting the word chapter between this and and in subsection (d) of Code Section 33-23-75, relating to requirements as to countersigning of contracts on risks or property located or having situs within the state by resident agents. (84) Said title is further amended by inserting a comma following the word penalties in subsection (c) of Code Section 33-23-82, relating to placement by an agent, broker, etc., of insurance beyond the scope of his license. (85) Said title is further amended by deleting subparagraphs (4)(D), (4)(E), and (4)(F) and inserting in lieu thereof new subparagraphs (4)(D), (4)(E), and (4)(F) of Code Section 33-24-2, relating to applicability of Chapter 24, to read as follows: (D) Code Section 33-24-13; (E) Code Section 33-24-16; and

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(F) Code Section 33-24-19. (86) Said title is further amended by inserting a comma following the word annuitant in subsection (a) of Code Section 33-24-7, relating to statements and descriptions in applications or in negotiations deemed representations and not warranties. (87) Said title is further amended by deleting the words cost of living and inserting in lieu thereof cost-of-living in subsection (a) of Code Section 33-24-31, relating to provision in group disability income policies for offsetting of increased social security benefits. (88) Said title is further amended by deleting the word town and inserting in lieu thereof towns in Code Section 33-24-37, relating to group insurance for government employees and effect upon local and special laws. (89) Said title is further amended by adding a comma following the word station in subparagraph (b)(2)(B) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile policies; by adding a semicolon after the word traffic and to clarify that the word following operation is of in subparagraph (c)(7)(C); and by deleting the period and inserting in lieu thereof a semicolon at the end of division (c)(7)(E)(vii) and subparagraph (c)(7)(F) of said Code section. (90) Said title is further amended by deleting due on a and inserting in lieu thereof due on any in subsection (b) of Code Section 33-25-4, relating to required nonforfeiture provisions. (91) Said title is further amended by adding a comma between the words contract and any in the introductory language of Code Section 33-25-9, relating to issuance or delivery of life insurance policies as part of or in combination with other insurance policies, contracts, etc. (92) Said title is further amended by deleting the word or following creditors, in subsection (a) of Code Section 33-25-11, relating to right of beneficiaries, assignees, etc., of insurance policies to proceeds as against creditors and representatives of insured. (93) Said title is further amended by deleting the word while and inserting in lieu thereof which following amount in subparagraph

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(a)(10)(B) of Code Section 33-26-2, relating to required and prohibited provisions in industrial life insurance policies. (94) Said title is further amended by adding quotation marks around the word employees when preceded by the word term four times in subparagraph (1)(A) of Code Section 33-27-1, relating to group life insurance policy requirements; by adding the word and following the semicolon at the end of subparagraph (1)(C); by adding quotation marks around the word debtors preceded by the word term in subparagraph (2)(A); by adding the word and following the semicolon at the end of subparagraph (2)(D); by adding the word and following the semicolon at the end of subparagraph (4)(C); by adding quotation marks around the word employees when preceded by the word term twice in subparagraph (5)(A); and by adding the word and following the semicolon at the end of subparagraph (5)(C) of said Code section. (95) Said title is further amended by adding the word and following the semicolon at the end of paragraph (2) of subsection (a) of Code Section 33-27-2, relating to extension of policy coverage to dependents of employees or members, and by deleting the semicolon and inserting in lieu thereof a period at the end of paragraph (3) of said subsection. (96) Said title is further amended by deleting the comma following the word state in the introductory language of subsection (a) of Code Section 33-27-3, relating to required group insurance policy provisions. (97) Said title is further amended by deleting isssued and inserting in lieu thereof issued at the end of subsection (b) of Code Section 33-27-7, relating to the rights of creditors to make claims to the proceeds of group life insurance policies. (98) Said title is further amended by deleting the comma following the word year in paragraph (5) of subsection (b) of Code Section 33-28-2, relating to standard provisions for annuity contracts. (99) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon at the end of subsection (d) of Code Section 33-28-3, relating to standard nonforfeiture provisions for individual deferred annuities, and by deleting the semicolon and inserting in lieu thereof a comma after the word accrued in paragraph (1) of subsection (d) of said Code section.

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(100) Said title is further amended by deleting the word dipatched and inserting in lieu thereof dispatched in subsection (c) of Code Section 33-28-6, relating to the notice of the right of a person to whom a contract is issued to return the contract and receive a premium refund to be printed on or attached to the policy. (101) Said title is further amended by deleting the period and inserting a semicolon at the end of division (b)(9)(B)(i) of Code Section 33-29-3, relating to required accident and sickness policy provisions. (102) Said title is further amended by deleting anniversity and inserting in lieu thereof anniversary in the second sentence of paragraph (1) of subsection (b) of Code Section 33-29-4, relating to the wording and substance of optional provisions in accident and sickness insurance policies. (103) Said title is further amended by deleting the comma following the word program and inserting in lieu thereof a semicolon in paragraph (1) of subsection (b) of Code Section 33-29-8, relating to provision in policies renewable or cancelable at the option of the insurer for refund of premiums. (104) Said title is further amended by placing quotation marks around Group accident and sickness insurance in the introductory language of Code Section 33-30-1, relating to the definition of group accident and sickness insurance. (105) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following the word claims in subsection (c) of Code Section 33-31-10, relating to filing and settlement of claims. (106) Said title is further amended by adding a comma after the word Commissioner in the second sentence of subsection (b) of Code Section 33-31-12, relating to promulgation of rules and regulations by the Commissioner. (107) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following the word Commissioner in subsection (a) of Code Section 33-32-1, relating to standard fire policies.

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(108) Said title is further amended by adding the word any between upon and aircraft in paragraph (11) of Code Section 33-34-2, relating to definitions relative to motor vehicle insurance. (109) Said title is further amended by deleting the comma following the word license in the first sentence of subsection (c) of Code Section 33-34-10, relating to requirement of proof of insurance prior to licensing of motor vehicles. (110) Said title is further amended by adding , participating or staff attorneys, following the word sponsor in paragraph (6) of subsection (b) of Code Section 33-35-8, relating to execution, contents, etc., of subscription contracts for prepaid legal services. (111) Said title is further amended by deleting the colon following the word to and by deleting the semicolons after the words address and inserting in lieu thereof a comma twice in the first paragraph of Code Section 33-36-8, relating to issuance by the Commissioner of notice of judicial determination of insolvency of an insurer. (112) Said title is further amended by deleting shall, with respect to covered claims, and by inserting said preceding 30 in Code Section 33-36-9, relating to coverage afforded by insolvent insurers becoming an obligation of the pool. (113) Said title is further amended by adding a period following pool at the end of Code Section 33-36-14, relating to exhaustion of policy rights in claims against insolvent insurers. (114) Said title is further amended by deleting acount between the and during and inserting in lieu thereof account in subsection (c) of Code Section 33-36-17, relating to the termination of insolvency insurance pools. (115) Said title is further amended by adding a comma between surplus and if in Code Section 33-37-2, relating to when capital of a stock insurer or surplus of a mutual or reciprocal insurer is deemed impaired and the insurer is deemed insolvent. (116) Said title is further amended by inserting a comma following the words and business in paragraph (1) of subsection (a) of Code Section 33-37-17, relating to powers of the Commissioner as

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liquidator or conservator; by deleting the comma following the word interest and inserting in lieu thereof a semicolon in subsection (b); and by adding a comma between and and if twice in subsection (b) of said Code section. (117) Said title is further amended by adding a comma following the word assessment in subsection (d) of Code Section 33-38-5, relating to creation of the Georgia Life and Health Insurance Guaranty Association, membership as a prerequisite to transaction of business, and accounts for administration and assessment. (118) Said title is further amended by deleting the word department and inserting in lieu thereof Insurance Department in the introductory language of subsection (a) of Code Section 33-38-6, relating to membership of the board of directors of the Georgia Life and Health Insurance Guaranty Association. (119) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon at the end of subparagraph (8)(A) of Code Section 33-38-7, relating to powers and duties of the Georgia Life and Health Insurance Guaranty Association. (120) Said title is further amended by deleting nonprorated and inserting in lieu thereof non-pro rata and by deleting bear and inserting in lieu thereof bears in paragraph (1) of subsection (c) of Code Section 33-38-15, relating to assessments against member insurers; by deleting the word bear and inserting in lieu thereof bears in paragraph (2) and twice in paragraph (3) of said subsection; and by deleting the word policyowner and inserting in lieu thereof policy owner in subsection (g) of said Code section. (121) Said title is further amended by deleting the word bear and inserting in lieu thereof bears in subsection (a) of Code Section 33-38-17, relating to the Georgia Life and Health Insurance Guaranty Association as a creditor of an insolvent or impaired insurer, and by deleting the word policyowners and inserting in lieu thereof policy owners in paragraph (1) of subsection (b) of said Code section. Section 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) Said title is amended by adding a comma following including speech organs) in subparagraph (A) of paragraph (7) of Code

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Section 34-6A-2, relating to definitions relative to discrimination against the handicapped in employment. (2) Said title is further amended by adding a comma following the word superintendents in Code Section 34-7-2, relating to payment of wages by lawful money, checks, or credit transfer and selection of payment dates by employer. (3) Said title is further amended by deleting the comma following succeeding year in paragraph (2) of subsection (b) of Code Section 34-8-3, relating to period, termination, and voluntary election of coverage of employer. (4) Said title is further amended by deleting Section 3, Part B of Title I, and Title VI of Public Law 95-524 (CETA) and inserting in lieu thereof the Comprehensive Employment Training Act, as amended, in paragraph (5) of subsection (k) and by deleting except that if and inserting in lieu thereof except that, if in paragraph (6) of subsection (o) of Code Section 34-8-40, relating to employment. (4.1) Said title is further amended by adding , as amended following Annotated in paragraph (4) of subsection (b) of Code Section 34-8-51, relating to definition of wages. (5) Said title is further amended by deleting secretary of labor and inserting in lieu thereof Secretary of Labor in subsection (a) of Code Section 34-8-81, relating to creation and purpose of the Employment Security Administration Fund. (5.1) Said title is further amended by striking such fund and inserting in lieu thereof the Unemployment Trust Fund at the end of the first sentence, by deleting treasurer and inserting in lieu thereof Commissioner, as custodian, in the last sentence, and by deleting only under the direction of the Commissioner and inserting in lieu thereof in his discretion in the last sentence of Code Section 34-8-103, relating to management of funds upon discontinuance of Unemployment Trust Fund. (6) Said title is further amended by deleting the column headings of the table following the third unnumbered paragraph of subsection (h) of Code Section 34-8-122, relating to determination of the rate of employer contributions in cases of purchase, merger, etc., and by deleting said table, which reads as follows:

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4.57 4.91 4.20 4.52 2.64 4.91 5.24 4.52 4.82 2.72 5.24 5.58 4.82 5.13 2.80 5.58 5.92 5.13 5.45 2.88 5.92 6.27 5.45 5.77 2.96 6.27 6.61 5.77 6.08 3.04 6.61 6.94 6.08 6.38 3.12 6.94 7.28 6.38 6.70 3.20 7.28 7.62 6.70 7.01 3.28 7.62 and over 7.01 and over 3.36, and inserting said table at the end of the Rate Table for Employers With Deficit Reserve Accounts with the beginning computation date of June 30, 1973, which currently ends with the following: 4.23 4.57 3.89 4.20 2.56, and by deleting the rates calculated as of subsequent computation dates for subsequent calendar years shall not be increased by operation of this subsection to more than in subsection (i) of said Code section. (6.1) Said title is further amended by deleting subsection (c) of Code Section 34-8-153, relating to the determination of the weekly benefit amount, in its entirety and by redesignating the remaining subsections accordingly. (6.2) Said title is further amended by deleting the word employment and inserting in lieu thereof unemployment in subsection (g) of Code Section 34-8-171, relating to initial determination and redetermination of eligibility, amount, and duration of benefits. (7) Said title is further amended by deleting tortfeasor and inserting in lieu thereof tort-feasor in Code Section 34-9-11, relating to the exclusive nature of rights granted to employees by workers' compensation provisions. (8) Said title is further amended by deleting the word suit and inserting in lieu thereof action in subsection (b) of Code Section 34-9-61, relating to publication of blank forms and literature and publication of tabulations of accident reports.

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(8.1) Said title is further amended by deleting the word voluntarily as it appears the second time and inserting in lieu thereof involuntarily in subsection (c) of Code Section 34-9-156, relating to voluntary termination of members, grounds and procedure for involuntary termination of membership, and effect of termination on obligations. (9) Said title is further amended by deleting polices and inserting in lieu thereof policies in Code Section 34-9-161, relating to the requirement of security deposits, surety bonds, or excess insurance by group self-insurance funds. (10) Said title is further amended by adding the word minimum between the words a and surplus in Code Section 34-9-162, relating to maintenance of surplus and expendable surplus. (11) Said title is further amended by deleting the comma following the word quality in subsection (a) of Code Section 34-9-263, relating to compensation for permanent partial disability. (12) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon at the end of paragraph (1) of subsection (b) and by deleting the word decibles and inserting in lieu thereof decibels in paragraph (2) of subsection (b) of Code Section 34-9-264, relating to compensation for loss of hearing caused by harmful noise; procedure for measuring degree of hearing impairment; eligibility for compensation and liability of employer; by deleting the period and inserting in lieu thereof a semicolon at the end of paragraphs (2), (3), (4), (5), (6), and (7) of said subsection; by inserting a comma following the words however, that and deleting a comma between the words harmful noise and and in paragraph (7) of said subsection; and by deleting contributed, but if and inserting in lieu thereof contributed; but, if in paragraph (8) of said subsection. (13) Said title is further amended by deleting the comma following the word employment in the introductory language of subsection (b) of Code Section 34-9-265, relating to liability for compensation for death resulting from causes other than injury. (14) Said title is further amended by deleting the words hernias which are and the comma following the word injury in Code Section 34-9-266, relating to payment of compensation for time loss, disability, or death resulting from hernia.

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(15) Said title is further amended by deleting the comma and inserting in lieu thereof as following the word lungs in paragraph (1) of Code Section 34-9-280, relating to definitions relative to compensation for occupational disease; by deleting determined as defined in this chapter and inserting in lieu thereof as determined under Code Section 34-9-260 in paragraph (2); by adding the word and following the semicolon in subparagraph (3)(D); by deleting the word board following the word the and inserting in lieu thereof State Board of Workers' Compensation in subparagraph (3)(E); by deleting the word original and inserting in lieu thereof origin in division (3)(E)(v); by deleting the word noice and inserting in lieu thereof noise in subparagraph (3)(E); and by deleting the word and and inserting in lieu thereof as between the words lungs and demonstrated in paragraph (4) of said Code section. (16) Said title is further amended by deleting the comma following the word employment in paragraph (3) of subsection (b) of Code Section 34-9-281, relating to applicability of Chapter 9 to occupational disease. (17) Said title is further amended by deleting the comma following the word of twice in Code Section 34-9-283, relating to applicability to occupational diseases of provisions of Code Section 34-9-263 regarding permanent partial industrial handicaps. (18) Said title is further amended by deleting the word defined and inserting in lieu thereof determined and by adding a comma following 34-9-86 in Code Section 34-9-284, relating to fixation of liability for compensation for occupational diseases. (19) Said title is further amended by deleting board following the words duty of the and inserting in lieu thereof State Board of Workers' Compensation in Code Section 34-9-290, relating to reporting of hazardous occupations and cases of occupational disease to the Department of Human Resources. (20) Said title is further amended by deleting board following the words expenses of the and inserting in lieu thereof State Board of Workers' Compensation in Code Section 34-9-292, relating to payment of expenses of the board.

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(21) Said title is further amended by deleting the comma following the word duties in subsection (c) of Code Section 34-9-310, relating to creation and functions of the medical board. (22) Said title is further amended by deleting board following the words by the in the first sentence and inserting in lieu thereof State Board of Workers' Compensation and by deleting except that if and inserting in lieu thereof except that, if in subsection (a) of Code Section 34-9-312, relating to promulgation of rules and regulations by the medical board as to making of examinations and autopsies; by deleting the word board preceded by the word the, except for the last time that board appears in subsection (b), and inserting in lieu thereof State Board of Workers' Compensation and by deleting the comma following the word claimant in subsection (b); by deleting decision of the board and inserting in lieu thereof decision of the State Board of Workers' Compensation and by deleting members of the board and inserting in lieu thereof members of the medical board in subsection (c); by deleting the word board preceded by the word the and inserting in lieu thereof State Board of Workers' Compensation twice in subsection (d); and by deleting the word board preceded by the word the except when board is followed by shall conform, and inserting in lieu thereof State Board of Workers' Compensation three times in subsection (e) of said Code section. (23) Said title is further amended by deleting determined as defined in this chapter and inserting in lieu thereof as determined under Code Section 34-9-260 in Code Section 34-9-330, relating to the definition of disablement. (24) Said title is further amended by deleting notified by the board and inserting in lieu thereof notified by the State Board of Workers' Compensation and by deleting the comma following the word employment in subsection (a) of Code Section 34-9-331, relating to medical examination of new employees in occupations subject to exposure to hazards of silicosis or asbestosis. (25) Said title is further amended by deleting article, unless and inserting in lieu thereof article unless, and by deleting however, that if and inserting in lieu thereof however, that, if in Code Section 34-9-333, relating to presumption of disability or death from silicosis or asbestosis.

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(26) Said title is further amended by deleting the comma and inserting in lieu thereof a semicolon at the end of paragraph (1) of subsection (d) of Code Section 34-9-354, relating to creation and appointment of the Board of Trustees of the Subsequent Injury Trust Fund. (27) Said title is further amended by deleting State Merit System and inserting in lieu thereof state merit system twice in subsection (a) of Code Section 34-9-355, relating to appointment of the administrator of the Subsequent Injury Trust Fund. (28) Said title is further amended by deleting the comma between the words trustees and may in subsection (b) of Code Section 34-9-357, relating to payment of costs of administration of the Subsequent Injury Trust Fund. (29) Said title is further amended by deleting the comma following calendar year twice in subsection (a) of Code Section 34-9-358, relating to payment of assessments to the Subsequent Injury Trust Fund by insurers and self-insurers. (30) Said title is further amended by deleting attorney's and inserting in lieu thereof attorneys' in Code Section 34-9-367, relating to liability of the trust fund for interest or attorney's fees. (31) Said title is further amended by adding in Code Section 34-10-3, relating to definitions relative to private employment agencies, a new paragraph (2) to read as follows: (2) `Commission' means any fee paid to an agent or employee for a transaction of business or the performance of a service, including a percentage of the money received in a transaction paid to the agent responsible for the business.; by renumbering the following paragraphs of said Code section accordingly; by deleting the word counsellor and inserting in lieu thereof counselor in the definition of employment agent or employment agency; by deleting the comma following the word advertising in the definition of news periodical; by deleting the word serivce and inserting in lieu thereof service in the definition of placement fees; and by deleting from the definition of salary in said Code section the following:

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As used in this paragraph, the term commission means any fee paid to an agent or employee for a transaction of business or the performance of a service, including a percentage of the money received in a transaction paid to the agent responsible for the business. (32) Said title is further amended by deleting the commas following the words chapter and quorum in subsection (a) of Code Section 34-10-5, relating to the Employment Agency Advisory Council. (33) Said title is further amended by deleting bond deposit and inserting in lieu thereof bond deposited in subsection (e) of Code Section 34-10-6, relating to the license required for operation of an employment agency; by adding the word he between thereafter and shall in subsection (f); and by adding a comma between or and if and deleting the comma following thereof in subsection (h) of said Code section. (34) Said title is further amended by deleting and to matters and inserting in lieu thereof and matters and by deleting the comma following the word above in paragraph (1) of Code Section 34-10-7, relating to duties and requirements of employment agencies; by adding a comma between the words employment and including in paragraph (4); by adding a comma following the word receipt and by deleting the word day-light and inserting in lieu thereof daylight in paragraph (5); and by deleting the comma following the word employed in subparagraph (6)(D) of said Code section. (35) Said title is further amended by deleting the word cancelling and inserting in lieu thereof canceling in subsection (a) of Code Section 34-10-10, relating to filing of complaints against employment agencies. (36) Said title is further amended by deleting the word days and inserting in lieu thereof days in subsection (b) of Code Section 34-10-11, relating to notice of hearing; by deleting are other civil cases and inserting in lieu thereof other civil cases are; by deleting answer will and inserting in lieu thereof answer shall; by deleting this case and inserting in lieu thereof the case; by deleting this decision and inserting in lieu thereof the decision; by deleting , provided, and inserting in lieu thereof ; provided,; by deleting

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fine, and if the and inserting in lieu thereof fine and the; and by adding a comma after agency must in subsection (e) of said Code Section. (37) Said title is further amended by deleting writing, and contain and inserting in lieu thereof writing and must contain in subsection (a) of Code Section 34-10-12, relating to contents of contracts or agreements between licensees and applicants seeking employment placement; by deleting the semicolon and inserting in lieu thereof a period at the end of paragraphs (1), (2), (3), and (4) of said subsection; by deleting the word charges and inserting in lieu thereof charged in paragraph (4) of said subsection; and by deleting the comma following the word employment in subsection (c) of said Code section. (38) Said title is further amended by deleting referring said and inserting in lieu thereof referring the in subsection (a) of Code Section 34-10-13, relating to conditions under which placement fees may be charged; by deleting the comma following the word referred in paragraph (2) of subsection (b); by adding a comma between that and if in subsection (c); and by adding a comma following the word days in paragraph (1) of subsection (e) of said Code section. Section 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows: (1) Said title is amended by deleting the comma following the word necessary in subsection (a) of Code Section 35-2-36, relating to composition of the battalion, and by deleting the comma following the word Division in subsection (c) of said Code section. (2) Said title is further amended by deleting the word of preceding 90 and inserting in lieu thereof or in paragraph (2) of subsection (d) of Code Section 35-2-42, relating to compensation of members of the Uniform Division; communications officers, license examiners, etc., generally. (3) Said title is further amended by adding a period at the end of subsection (e) of Code Section 35-2-48, relating to composition, etc., of the State Patrol Disciplinary Board.

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(4) Said title is further amended by deleting such other place and inserting in lieu thereof any other place and by deleting the word removed and inserting in lieu thereof moved in subsection (a) of Code Section 35-2-73, relating to authority of the commissioner to employ sufficient number of security guards for protection of Governor, Lieutenant Governor, Speaker of the House and their families, executive department, etc. (5) Said title is further amended by adding of the Department of Public Safety following Division in subsection (b) of Code Section 35-3-4, relating to powers and duties of the Georgia Bureau of Investigation. (6) Said title is further amended by deleting the words revenue commission and inserting in lieu thereof revenue commissioner in subsection (a) of Code Section 35-3-8, relating to powers of agents of the Georgia Bureau of Investigation. Said title is further amended by adding a new Code Section 35-3-8.1, to read as follows: 35-3-8.1. Upon request of the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, the chief of the county police force of any county having a population of more than 100,000 according to the United States decennial census of 1970 or any future census, the judge of the superior court of any county of this state, or the Governor, the director, in unusual circumstances, may, and in the case of a request by the Governor, shall, direct the bureau to render assistance in any criminal case, in the prevention or detection of violations of law, or in the detection or apprehension of persons violating the criminal laws of this state, any other state, or the United States. (7) Said title is further amended by adding the word Georgia preceding Bureau in subsection (a) of Code Section 35-3-31, relating to establishment of the Georgia Crime Information Center; and by deleting the comma following the word staff in subsection (c) of said Code section. (8) Said title is further amended by deleting the word insure and inserting in lieu thereof ensure in paragraph (4) of Code Section 35-3-33, relating to powers and duties of the Georgia Crime Information Center.

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(9) Said title is further amended by deleting Insuring and inserting in lieu thereof Ensuring in division (a)(1)(A)(iv) of Code Section 35-3-34, relating to dissemination of records by the Georgia Crime Information Center and local criminal justice agencies to private persons and businesses; by deleting the word above following section in subsection (b); and by deleting the word above following section in subsection (f) of said Code section. (10) Said title is further amended by deleting the comma following the word but in subsection (d) of Code Section 34-3-36, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, etc., to the center, and by deleting the comma following the word center in subsection (e) of said Code section. (11) Said title is further amended by adding a comma following $5,000.00 in subsection (c) of Code Section 35-3-38, relating to unauthorized requests, disclosures, etc., of criminal history record information. (12) Said title is further amended by deleting the comma following the word municipalities in subsection (c) of Code Section 35-4-7, relating to Georgia Police Academy training programs to be available to police and other interested persons. (13) Said title is further amended by deleting department and inserting in lieu thereof Department of Public Safety in subsection (a) of Code Section 35-5-3, relating to the Georgia Public Safety Training Center being assigned to department for administrative purposes. (14) Said title is further amended by deleting Board of Pardons and Paroles and inserting in lieu thereof State Board of Pardons and Paroles twice in Code Section 35-8-2, relating to definitions relative to employment and training of peace officers. (15) Said title is further amended by adding Association of preceding Chiefs and deleting Association following Police in paragraph (1) of subsection (b) of Code Section 35-8-3, relating to establishment of the Georgia Peace Officer Standards and Training Council, and by adding a comma between only and as in subsection (e) of said Code section.

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(16) Said title is further amended by deleting the comma following the word crime in paragraph (4) of subsection (a) of Code Section 35-8-8, relating to requirements for appointment or certification of persons as peace officers. (17) Said title is further amended by inserting the word State preceding the word Board twice in subsection (b) of Code Section 35-8-14, relating to the authority of the Board of Offender Rehabilitation and State Board of Pardons and Paroles to establish training program for employees authorized to make arrests. Section 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) Said title is amended by deleting thereof and inserting in lieu thereof therefor in Code Section 36-3-4, relating to payment of costs of proceedings relative to county boundaries. (2) Said title is further amended by deleting quasicorporation and inserting in lieu thereof quasi corporation in subparagraph (1)(B) of Code Section 36-5-3, relating to additional powers of judges of the probate courts. (3) Said title is further amended by deleting County', and inserting in lieu thereof County,' in Code Section 36-5-20, relating to official names of county governing authorities. (4) Said title is further amended by deleting the comma following the word authority in Code Section 36-6-9, relating to the Governor to give directions relating to bonds of county treasurers. (5) Said title is further amended by deleting diligently collect and inserting in lieu thereof collect diligently in paragraph (1) of Code Section 36-6-14, relating to duties of county treasurers, and by deleting who from and inserting in lieu thereof from whom in paragraph (5) of said Code section. (6) Said title is further amended by deleting probate courts and inserting in lieu thereof probate court and by deleting designated by it and inserting in lieu thereof designated by the judge or governing authority in Code Section 36-6-22, relating to requirement by county authorities of accountings, etc., by treasurer.

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(7) Said title is further amended by deleting the comma between provided and that and deleting informations and inserting in lieu thereof information in Code Section 36-10-2, relating to contracts for public works. (8) Said title is further amended by deleting the word alloted and inserting in lieu thereof allotted in subsection (b) of Code Section 36-17-21, relating to method of allocation of funds. (9) Said title is further amended by adding the word in between for and this in the second sentence of subsection (b) of Code Section 36-17-22, relating to grant of credit on certain tangible property taxes as a prerequisite to receipt of funds. (10) Said title is further amended by adding a comma following the word merged in Code Section 36-35-2, relating to incorporation, dissolution, merger, and boundary changes to be by local Act or under general law. (11) Said title is further amended by deleting the period and by adding a question mark following (as the case may be) in Code Section 36-37-9, relating to ballots for election. (11.1) Said title is further amended by repealing Chapter 39 of said title, relating to street improvements. (12) Said title is further amended by deleting 36-40-23 and inserting in lieu thereof 36-40-24 in subsection (a) of Code Section 36-40-1, relating to grants for repairs on facilities of historical value. (13) Said title is further amended by deleting the word State and inserting in lieu thereof States in subsection (c) of Code Section 36-40-24, relating to computation of allocation of funds. (14) Said title is further amended by deleting insure and inserting in lieu thereof ensure in subsection (d) of Code Section 36-40-46, relating to submission of annual audit to state auditor. (15) Said title is further amended by deleting municipalities and inserting in lieu thereof municipality in paragraph (3) of Code Section 36-41-3, relating to definitions relative to urban residential finance authorities for large municipalities.

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(16) Said title is further amended by deleting are secured and inserting in lieu thereof is secured in paragraph (8) of subsection (a) of Code Section 36-41-5, relating to powers of the authority. (17) Said title is further amended by deleting thereform and inserting in lieu thereof therefrom in subsection (n) of Code Section 36-41-8, relating to issuance of revenue bonds. (18) Said title is further amended by deleting the property and inserting in lieu thereof any property in the last sentence of Code Section 36-41-10, relating to bonds or obligations not to constitute public debt. (19) Said title is further amended by deleting sue and be sued and inserting in lieu thereof bring and defend actions in paragraph (1) of subsection (a) of Code Section 36-42-8, relating to powers of downtown development authorities, and by deleting city and inserting in lieu thereof municipal corporation three times in paragraph (10) of subsection (a) of said Code section. (20) Said title is further amended by inserting a comma between or and if in paragraph (4) of subsection (a) of Code Section 36-60-3, relating to restriction of adult bookstores and movie houses to certain areas. (21) Said title is further amended by inserting a comma following the word county in paragraph (14) of Code Section 36-61-2, relating to definitions relative to urban redevelopment. (22) Said title is further amended by deleting municipality and and inserting in lieu thereof municipality or in subsection (e) of Code Section 36-61-7, relating to preparation of an urban redevelopment plan. (23) Said title is further amended by deleting city and inserting in lieu thereof municipality in subsection (a) of Code Section 36-61-9, relating to power of eminent domain. (24) Said title is further amended by adding as following payable, and preceding to both in subsection (a) of Code Section 36-61-12, relating to issuance of bonds.

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(25) Said title is further amended by deleting the word bodies and inserting in lieu thereof body in subsection (a) of Code Section 36-61-17, relating to exercise of urban redevelopment powers by municipalities and counties. (26) Said title is further amended by adding the word and following opportunities; in subparagraph (6)(G) of Code Section 36-62-2, relating to definitions relative to development authorities. (27) Said title is further amended by deleting the word persons twice in subsection (d) of Code Section 36-62-4, relating to creation of development authorities. (28) Said title is further amended by deleting exchangeablity and inserting in lieu thereof exchangeability in paragraph (1) of subsection (g) of Code Section 36-62-8, relating to authorized provisions in obligations of development authorities. (29) Said title is further amended by deleting the word city and inserting in lieu thereof municipality in subsection (a) of Code Section 36-64-3.1, relating to use of dam sites and adjacent land owned by a recreation board, city, county, etc., for purposes of producing hydroelectric power. (30) Said title is further amended by deleting of between Association and County in subsection (c) of Code Section 36-81-8, relating to preparation and filing of annual reports on local government finances by Department of Community Affairs. (31) Said title is further amended by deleting remaning and inserting in lieu thereof remaining in Code Section 36-82-4.1, relating to the use of bond funds in certain counties. (32) Said title is further amended by adding a comma following the word agencies in the last sentence of paragraph (5) of Code Section 36-82-7, relating to authorized investments for bond proceeds. (33) Said title is further amended by deleting the Code Section number 38-82-73 and inserting in lieu thereof 36-82-73 in Title 36 and by deleting the text of the Code section in its entirety and inserting in lieu thereof the following:

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36-82-73. All revenue bonds issued under this article shall be validated in the superior court in the manner set forth in Code Sections 36-82-74 through 36-82-83. (34) Said title is further amended by deleting the comma following the word purpose in Code Section 36-82-101, relating to bonds required of contractors on public works. (35) Said title is further amended by striking from subsection (d) of Code Section 36-61-16, relating to assistance by public bodies, the following: 36-6-12, and inserting in lieu thereof the following: 36-61-12. (36) Said title is further amended by striking from Code Section 36-3-25, relating to recordation of survey and plat, the following: 36-3-25, and inserting in lieu thereof the following: 36-3-24. Section 37. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended as follows: (1) Said title is amended by deleting the word of following Title 31 and inserting in lieu thereof or in paragraph (2) of Code Section 37-1-1, relating to definitions for Title 37; by adding Georgia preceding State in paragraph (4) by deleting the semicolon and inserting in lieu thereof a period at the end of paragraph (5); and by deleting the comma following the word state in paragraph (6) of said Code section. (2) Said title is further amended by deleting the word department and inserting in lieu thereof Department of Human Resources in subsection (a) of Code Section 37-1-20, relating to creation of the Division of Mental Health and Mental Retardation.

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(3) Said title is further amended by adding a comma between that and if in paragraph (2) of subsection (a) of Code Section 37-1-51, relating to appeals. (4) Said title is further amended by deleting by between the words shall and filled and inserting in lieu thereof be in the fifth sentence in subsection (a) of Code Section 37-2-4, relating to the creation, composition, and duties of advisory councils for mental health and mental retardation. (5) Said title is further amended by deleting the comma following the word examiner in the first sentence of paragraph (8) of Code Section 37-3-1, relating to definitions relative to mental illness, and by adding a comma following the word objectives in subparagraph (9)(A) of said Code section. (6) Said title is further amended by adding a comma between the words and and if in Code Section 37-3-24, relating to transfer of involuntary patients to voluntary status. (7) Said title is further amended by deleting the comma following the word possible in subsection (a) of Code Section 37-3-43, relating to the right to a timely examination after emergency admission. (8) Said title is further amended by deleting the comma following the word court in the first sentence of paragraph (2) of Code Section 37-3-61, relating to petition for a court ordered evaluation. (9) Said title is further amended by deleting therof and inserting in lieu thereof thereof in paragraph (1) of subsection (a) of Code Section 37-3-81, relating to procedures for the retention of certain mental health patients for treatment. (10) Said title is further amended by deleting the comma following service plan and by deleting take a patient and inserting in lieu thereof take the patient in Code Section 37-3-82, relating to procedure upon failure of or noncompliance with an involuntary outpatient treatment plan. (11) Said title is further amended by adding a period following 37-4-40 in subsection (c) of Code Section 37-4-21, relating to admission of mentally retarded persons to facilities for purposes of temporary supervision and care.

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(12) Said title is further amended by deleting the comma following community in Code Section 37-4-22, relating to admission of persons to facilities for dental services, and by adding semicolons following dental services and loco parentis in the first sentence of said Code section. (13) Said title is further amended by deleting the comma following the words programs and services and following 20-2-131 in subsection (a) of Code Section 37-4-40, relating to filing petition with a court for according of program of services to mentally retarded person, and by deleting the comma following the word hearing in the first sentence of subsection (f) of said Code section. (14) Said title is further amended by deleting physicial and inserting in lieu thereof physical in the first sentence of subsection (d) of Code Section 37-4-124, relating to medication and physical restraint of mentally retarded patients. (15) Said title is further amended by deleting department and inserting in lieu thereof Department of Human Resources in paragraph (6) of Code Section 37-7-1, relating to definitions relative to treatment of alcoholics and drug users. (16) Said title is further amended by deleting evaluation and inserting in lieu thereof evaluation in Code Section 37-7-63, relating to admission of persons to evaluating facilities for evaluation and emergency treatment. (17) Said title is further amended by deleting the comma following representatives in subsection (d) of Code Section 37-7-100, relating to designation of the facility to which a patient is to be admitted. (18) Said title is further amended by deleting the comma following the word persons in paragraph (1) of Code Section 37-8-4, relating to duties of the Department of Human Resources. (19) Said title is further amended by deleting commissioner and inserting in lieu thereof commissioner in subsection (b) of Code Section 37-8-50, relating to the confidentiality of patient records and exceptions to such confidentiality. (20) Said title is further amended by deleting the comma following the words from the patient and inserting a comma between

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patient and all in Code Section 37-9-4, relating to liability of a patient for cost of care. (21) Said title is further amended by deleting the word though and inserting in lieu thereof through in the first sentence of subsection (c) of Code Section 37-9-7, relating to authority of the Department of Human Resources to inquire into and determine income and assets. Section 38. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended as follows: (1) Said title is amended by adding a comma following thereof in Code Section 38-2-131, relating to Military Division of the Department of Defense. (2) Said title is further amended by deleting or suit and inserting in lieu thereof, accusation, or action in Code Section 38-2-271, relating to change of venue for persons indicted or subjected to civil action for performance of military duty. (3) Said title is further amended by deleting as amended, following 14-5-49, and by deleting , both inclusive, following 14-5-48 in Code section 38-2-278, relating to devises, bequests, and conveyances to military units as societies, and by deleting conveyance, and subject and inserting in lieu thereof conveyance and, subject in said Code section. (4) Said title is further amended by deleting tumultous and inserting in lieu thereof tumultuous in the second sentence of subsection (a) of Code Section 38-2-303, relating to the dispersion of unlawful assemblies by military forces. (5) Said title is further amended by deleting or prisons following institutions in Code Section 38-2-344, relating to confinement and imprisonment in civil jails. (6) Said title is further amended by deleting the word such twice and inserting in lieu thereof the in subsection (a) of Code Section 38-2-463, relating to execution of confinement and discipline while in civil jails; by deleting , penitentiary, or prison and inserting in lieu thereof or correctional institution in said subsection; by

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deleting so preceding confined in said subsection; by deleting such a jail and inserting in lieu thereof a jail or correctional institution in said subsection; by deleting to jail by and inserting in lieu thereof to jail or correctional institution by in said subsection; by deleting such and inserting in lieu thereof the in subsection (b); by adding or correctional institutions between jails and designated in subsection (c); by deleting No such keeper and inserting in lieu thereof No keeper in said subsection; by deleting such jail and inserting in lieu thereof the jail in said subsection; and by deleting , penitentiary, or prison and inserting in lieu thereof or correctional institution in said subsection. (7) Said title is further amended by deleting reponsible and inserting in lieu thereof responsible at the end of the second sentence in subsection (a) of Code Section 38-2-576, relating to the redress of injuries to property by members of the organized militia. (8) Said title is further amended by deleting 1951 and inserting in lieu thereof 1981 in Code Section 38-3-1, relating to the short title for Articles 1 through 3 of Chapter 3 of Title 38. (9) Said title is further amended by deleting the comma following oil spill in paragraph (1) of Code Section 38-3-3, relating to definitions relative to emergency management. (10) Said title is further amended by adding a comma following the word surveys in subsection (c) of Code Section 38-3-22, relating to the Governor's emergency management powers and duties. (11) Said title is further amended by deleting mangagement and inserting in lieu thereof management in the first sentence in subsection (c) of Code Section 38-3-27, relating to the establishment of local organizations for emergency management. (12) Said title is further amended by deleting the quotation marks preceding I do further in subsection (b) of Code Section 38-3-34, relating to emergency management personnel and their oath. (13) Said title is further amended by deleting or any pension, law or and inserting in lieu thereof any pension law, or in subsection (a) of Code Section 38-3-35, relating to immunity of state and political subdivisions.

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(14) Said title is further amended by deleting the word state and inserting in lieu thereof State and by deleting the word states and inserting in lieu thereof States and by deleting the word Compact and inserting in lieu thereof compact throughout Article XV of the compact contained in Code Section 38-3-71, relating to enactment of the Interstate Civil Defense and Disaster Compact, except when Compact follows Disaster. (15) Said title is further amended by deleting State Merit System and inserting in lieu thereof state merit system in Code Section 38-4-9, relating to employment of personnel of the Department of Veterans Service. (16) Said title is further amended by deleting the word Georgia preceding veterans and by deleting the comma following veterans and inserting in lieu thereof of this state and by deleting the word the preceding full limit and inserting in lieu thereof its in Code Section 38-4-10, relating to broad discretion in extending aid. (17) Said title is further amended by deleting the comma following the word generally in Code Section 38-4-11, relating to annual reports relative to veterans; by deleting to the veterans and inserting in lieu thereof concerning veterans; and by deleting to otherwise report and inserting in lieu thereof otherwise to report in said Code section. (18) Said title is further amended by deleting The director and inserting in lieu thereof Subject to other laws, the director and by deleting department and inserting in lieu thereof Department of Veterans Service in Code Section 38-4-12, relating to duty to maintain records. (19) Said title is further amended by deleting the comma following the word cited in Code Section 38-4-30, relating to the short title of Part 1 of Article 2 of Chapter 4 of Title 38. Section 39. Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended as follows: (1) Said title is amended by deleting ; provided, that and inserting in lieu thereof , provided that in Code Section 39-2-6, relating to sale or delivery of newspapers.

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Section 40. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows: (1) Said title is amended by deleting the comma following the word vehicle in paragraph (31) of Code Section 40-1-1, relating to definitions for Title 40, and by adding which are between title and placed in paragraph (32) of said Code section. (2) Said title is further amended by deleting the Code section number 4-2-30 and inserting in lieu thereof 40-2-30 in the Code section in Title 40 relating to issuance of license plates, which is currently misnumbered as Code Section 4-2-30. (3) Said title is further amended by deleting 5 and inserting in lieu thereof (5) in paragraph (7) of Code Section 40-3-2, relating to definitions in the Motor Vehicle Certificate of Title Act. (4) Said title is further amended by deleting the last sentence of subsection (b) of Code Section 40-3-22, relating to application for first certificate of title, which reads as follows: If the title application is submitted through a county, the county shall be entitled to retain 50 percent of any late title application penalty fee provided for in this Code section. (5) Said title is further amended by deleting possesion and inserting in lieu thereof possession in subsection (d) of Code Section 40-3-52, relating to the perfection of second or subsequent security interests in motor vehicles. (6) Said title is further amended by adding a comma following the word altered in subsection (a) of Code Section 40-4-22, relating to possession, etc., of a motor vehicle or part thereof from which identification has been removed. (7) Said title is further amended by deleting section 40-5-61 and inserting in lieu thereof Section 40-5-61 in paragraph (1) of subsection (e) of Code Section 40-5-58, relating to the definition of habitual violator. (7.1) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon at the end of paragraph (2) of subsection (a) of Code Section 40-5-63, relating to periods of suspension and conditions to return of license.

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(8) Said title is further amended by deleting right of way and inserting in lieu thereof right-of-way in subsection (b) of Code Section 40-6-70, relating to vehicles approaching or entering an intersection. (9) Said title is further amended by deleting one scene and inserting in lieu thereof the scene in subsection (a) of Code Section 40-6-277, relating to duty of the driver of a wrecker truck. (9.1) Said title is further amended by deleting capable of all and inserting in lieu thereof capable at all in Code Section 40-8-53, relating to performance ability. (9.2) Said title is further amended by designating the present language of Code Section 40-8-111, relating to school bus equipment, as subsection (a) and by adding a new subsection (b) to read as follows: (b) Nothing in subsection (a) of this Code 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 with regular fare-paying passengers. (10) Said title is further amended by deleting secretary of health and human services and inserting in lieu thereof Secretary of Health and Human Services in subsection (a) of Code Section 40-8-130, relating to operation of a vehicle without a serviceable emission control device. (11) Said title is further amended by adding , lessors, lessees, security interest holders, and lienholders following notify the owner in subsection (b) of Code Section 40-11-2, relating to duty of a person removing or storing motor vehicle. (12) Said title is further amended by deleting the word mobiles and inserting in lieu thereof mobile in the first sentence of the second unnumbered paragraph of Code Section 40-2-36, relating to registration and licensing of dealers, manufacturers, and persons transporting motor vehicles, mobile homes, etc. (13) Said title is further amended by deleting 49-9-33 and inserting in lieu thereof 40-9-33 in subsection (b) of Code Section 40-9-5, relating to application of Chapter 9 of Title 40 to nonresidents, unlicensed drivers, and unregistered vehicles.

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(14) Said title is further amended by adding to Code Section 40-6-5, relating to persons working on highways, following the word and figure Article 15 the following: of this chapter,. (15) Said title is further amended by striking from subsection (d) of Code Section 40-8-74, relating to tires, the following: Transportation Board, and inserting in lieu thereof the following: State Transportation Board. Section 41. Reserved. Section 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) Said title is amended by deleting Commissioner of Offender Rehabilitation and inserting in lieu thereof commissioner of offender rehabilitation in subsection (a) of Code Section 42-1-2, relating to reward for information leading to the capture of an escaped inmate of a penal institution under jurisdiction of the Board of Offender Rehabilitation. (2) Said title is further amended by deleting Rehabilitation and inserting in lieu thereof rehabilitation in paragraph (2) of Code Section 42-2-1, relating to definitions relative to Chapter 2 of Title 42. (3) Said title is further amended by adding a comma following is so acquired in paragraph (3) of Code Section 42-3-5, relating to powers of the Georgia Building Authority (Penal). (4) Said title is further amended by deleting the comma following negotiable revenue bonds in the first sentence in Code Section 42-3-6, relating to issuance of revenue bonds by the Georgia Building Authority (Penal). (5) Said title is further amended by inserting a comma between who and or in Code Section 42-3-17, relating to persons, etc., to whom bond proceeds are payable.

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(6) Said title is further amended by deleting , provided, however and inserting in lieu thereof ; provided, however and by deleting the comma following public officials in Code Section 42-3-19, relating to remedies of bondholders. (7) Said title is further amended by deleting the comma following the word chapter in Code Section 42-3-22, relating to exemption from taxation of property of the Georgia Building Authority (Penal). (8) Said title is further amended by adding for the purposes specified in paragraph (1) of this subsection, after General Assembly in paragraph (2) of subsection (c) of Code Section 42-5-53, relating to establishment of county correctional institutions, and by adding a comma between hearing and the in paragraph (3) of said subsection. (9) Said title is further amended by deleting the comma following indictment and deleting the word information following accusation in paragraph (3) of Code Section 42-6-1, relating to definitions relative to detainers. (10) Said title is further amended by adding the word or between indictment and accusation in subsection (a) of Code Section 42-6-3, relating to time limit for trial upon the written request of an inmate. (11) Said title is further amended by deleting the comma following the word accusations in subsection (d) of Code Section 42-6-5, relating to delivery of temporary custody of an inmate requesting disposition of a pending indictment, etc., to the sheriff or a deputy sheriff of the county. (12) Said title is further amended by deleting Code Section 42-7-13 and inserting in lieu thereof Article 2 of Chapter 8 of this title in paragraph (1) of subsection (c) of Code Section 42-7-15, relating to election by a court to utilize Chapter 7 of Title 15. (13) Said title is further amended by deleting prorated and inserting in lieu thereof probated in Code Section 42-8-36, relating to duty of a probationer to inform the probation supervisor of residence, etc.

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(14) Said title is further amended by deleting affixing and inserting in lieu thereof fixing in Code Section 42-9-20, relating to the power of the State Board of Pardons and Paroles to grant reprieves. (15) Said title is further amended by deleting board, provided and inserting in lieu thereof board; provided in subsection (b) of Code Section 42-9-53, relating to preservation of documents. Section 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) Said title is amended by inserting except the State Board of Accountancy following board in the introductory language of Code Section 43-1-9, relating to point credit for veterans taking examinations given by state examining boards. (2) Said title is further amended by deleting the comma following the word territory in paragraph (3) of Code Section 43-3-2, relating to definitions relative to accountants. (3) Said title is further amended by deleting the comma following the word chapter in Code Section 43-3-12, relating to persons holding certified public accountant certificates as of July 1, 1977. (4) Said title is further amended by deleting the comma following 43-3-13 in subsection (c) of Code Section 43-3-14, relating to scope of accountants' examinations. (5) Said title is further amended by deleting the comma between the words chapter and shall in subsection (a) and by deleting the word chapter and inserting in lieu thereof Code section in the last sentence of subsection (b) of Code Section 43-4-17, relating to unlawful use of the term architect, etc. (6) Said title is further amended by deleting autioneer's and inserting in lieu thereof auctioneer's in subsection (a) of Code Section 43-6-11, relating to the qualifications required for licensing of auctioneers and apprentice auctioneers. (7) Said title is further amended by deleting constitue and inserting in lieu thereof constitute in Code Section 43-6-23, relating to the obtaining of injunctive relief to enjoin violations of laws concerning auctioneers.

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(8) Said title is further amended by deleting apprenctice and inserting in lieu thereof apprentice and by deleting the comma following the word license in Code Section 43-6-25, relating to the penalty relating to auctions and auctioneers. (9) Said title is further amended by deleting the word city and inserting in lieu thereof municipality in subsection (a) of Code Section 43-8-18, relating to penalties relative to billiard rooms. (10) Said title is further amended by deleting a written and inserting in lieu thereof an in Code Section 43-9-8, relating to chiropractor examinations. (11) Said title is further amended by deleting the word in and inserting in lieu thereof on in paragraph (6) of Code Section 43-9-12, relating to refusal or revocation of chiropractic licenses, and by deleting the comma following the word regulated in paragraph (7) of said Code section. (11.1) Said title is further amended by adding a new subsection (b) to Code Section 43-9-16, relating to scope of practice of chiropractors, to read as follows: (b) Chiropractors who have complied with this chapter shall have the right to sign health certificates, reporting to the proper health officers the same as other practitioners., and by redesignating subsections (b) and (c) as subsections (c) and (d). (12) Said title is further amended by deleting paragraphs (1), (2), and (4) of Code Section 43-14-5, relating to powers, and by renumbering the remaining paragraphs of said Code section accordingly. (13) Said title is further amended by deleting executive director and inserting in lieu thereof joint-secretary in paragraph (4) of subsection (a) of Code Section 43-14-6, relating to powers and duties of divisions of the State Construction Industry Licensing Board, and by deleting executive director and inserting in lieu thereof joint-secretary in paragraph (6) of said subsection. (14) Said title is further amended by deleting subsections (a) and (d) of Code Section 43-14-7, relating to powers and duties of the joint-secretary;

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by renumbering subsection (b) as subsection (a), by deleting executive director of the board and inserting in lieu thereof joint-secretary, and by deleting executive director and inserting in lieu thereof joint-secretary in said subsection; by renumbering subsection (c) as subsection (b), by deleting executive director and inserting in lieu thereof joint-secretary or his designee, and by deleting the last sentence of said subsection, which reads as follows: The result of all investigations shall be reported to, and the records thereof shall be kept by, the board. (15) Said title is further amended by deleting compentency and inserting in lieu thereof competency in subsection (a) of Code Section 43-14-8, relating to license requirements and licensing of persons or entities engaged in electrical contracting, plumbing, or conditioned air contracting. (16) Said title is further amended by deleting the comma following the word years in subparagraph (2)(A) of Code Section 43-15-8, relating to engineer-in-training certificates. (17) Said title is further amended by adding Article 3 of preceding Chapter 8 in paragraph (4) of subsection (a) of Code Section 43-15-19, relating to revocation, suspension, etc., of certificates or certificates of registration of professional engineers and land surveyors. (18) Said title is further amended by deleting accompained and inserting in lieu thereof accompanied in the second sentence of Code Section 43-16-9, relating to fees for reinstatement of firearms dealers' licenses. (19) Said title is further amended by deleting Chapter and inserting chapter following Article 1 of this in Code Section 43-18-90, relating to legislative findings regarding contracts for preneed funeral services. (20) Said title is further amended by deleting 48-18-102 and inserting in lieu thereof 43-18-102 in the Code section in Title 43 relating to revocation, suspension, or refusal to renew a funeral service certificate of authority, which was erroneously designated as Code Section 48-18-102. (21) Said title is further amended by deleting duces tecum in the second sentence of Code Section 43-19-21, relating to the issuance

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of subpoenas by the State Board of Registration for Professional Geologists or its hearing examiner. (22) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon at the end of subparagraph (8)(L) of Code Section 43-20-16, relating to denial, nonrenewal, suspension, or revocation of licenses or permits of hearing aid dealers and dispensers. (23) Said title is further amended by adding a paragraph (4) at the end of Code Section 43-26-1, relating to definitions relative to nursing, to read as follows: (4) `Practice of nursing by a licensed undergraduate nurse' means the performance for compensation of selected acts in the care of the ill, injured, or infirm under the direction of a licensed registered professional nurse or a physician practicing medicine in accordance with Article 2 of Chapter 34 of this title, or a dentist practicing dentistry in accordance with Chapter 11 of this title, or a podiatrist practicing podiatry in accordance with Chapter 35 of this title. (24) Said title is further amended by deleting seven and inserting in lieu thereof eight in subsection (a) of Code Section 43-26-2, relating to the creation of the Georgia Board of Nursing; by deleting All and inserting in lieu thereof Seven in subsection (c); and by adding to the end of subsection c the following language: 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 this state 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. (25) Said title is further amended by deleting paragraph (6) of subsection (a) of Code Section 43-26-4, relating to powers of the Georgia Board of Nursing, and inserting in lieu thereof a new paragraph (6), to read as follows: (6) (A) Conduct hearings upon charges calling for discipline of a licensee and, in the event the charges are substantiated, after notice and hearing, to take any one or more of the following actions:

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(i) Administer a public or private reprimand, but a private reprimand shall not be disclosed to anyone except the licensee; (ii) Suspend a license for a definite period of time not to exceed 12 months; (iii) Limit or restrict the license of a licensee; (iv) Revoke licenses; (v) Refuse to renew a license; or (vi) Condition the penalty, or withhold formal disposition, upon the licensee's submission to the care, counseling, or treatment of physicians or other professional persons, and upon the completion of such care, counseling, or treatment as directed by the board. In addition to and in conjunction with such actions, the board may make a finding adverse to a licensee, but withhold imposition of judgment and penalty, or the board may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation. Such probation may be vacated upon noncompliance with such reasonable terms as the board may impose. In its discretion, the board may restore and reissue a license issued under this article and as a condition thereof may impose any disciplinary or corrective measure provided in this article. (B) Any of the actions enumerated in subparagraph (A) of this paragraph may be taken upon a finding by the board that the licensee or applicant has: (i) Failed to demonstrate the qualifications or standards for a license contained in this article or the rules and regulations of the board; it shall be incumbent upon the applicant to demonstrate to the board that he meets all requirements for the issuance of a license; (ii) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of nursing or in any document connected therewith; or practiced

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fraud or deceit or intentionally made any false statement in obtaining a license to practice nursing; or made a false or deceptive registration with the board; (iii) Been convicted in any court of this state or of the United States of a felony or any other crime involving moral turpitude; (iv) Had his license to practice nursing 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; (v) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, likely to deceive, defraud, or harm the public. Unprofessional conduct shall also include the failure to meet the minimal standards of acceptance and prevailing nursing practice; (vi) Violated or attempted to violate a statute, law, or any lawfully promulgated rule or regulation of this state, any other state, the board, or the United States, or any lawful authority (without regard to whether the violation is criminally punishable), which statute, law, or rule or regulation related to or in part regulated the practice of nursing when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule or regulation; or violated a lawful order of the board, previously entered by the board in a disciplinary hearing; (vii) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside of this state; any such adjudication shall automatically suspend the license of any such person, and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect, unless the board, upon a finding that the licensee is mentally competent, orders otherwise; or

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(viii) Become unable to practice nursing with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition; Said Code section is further amended by deleting the word and at the end of paragraph (8); by deleting the period at the end of paragraph (9) and inserting in lieu thereof ; and; and by adding a new paragraph (10), to read as follows: (10) Renew licenses of licensed undergraduate nurses in accordance with this article. (26) Said title is further amended by deleting the semicolon and inserting in lieu thereof a period at the end of paragraph (7) of subsection (a) of Code Section 43-26-5, relating to the advisory council to the Georgia Board of Nursing, and by deleting the comma following the word Governor in the second paragraph of subsection (a). (27) Said title is further amended by designating the unnumbered paragraph of Code Section 43-26-6, relating to titles and abbreviations relative to nursing, as subsection (a) and by adding a new subsection (b), to read as follows: (b) Any person holding a license to practice as a licensed undergraduate nurse issued by the board and valid on July 1, 1975, shall be deemed to be licensed as a licensed undergraduate nurse under this article and shall have the right to use the title `licensed undergraduate nurse' and the abbreviation `L.U.N.' No other person shall assume such title or use such abbreviation or any other words, letters, signs, or symbols to indicate that such person is a licensed undergraduate nurse. After July 1, 1975, there shall be no new certificates issued for licensure to practice nursing as a licensed undergraduate nurse. (28) Said title is further amended by deleting the and following paragraph (4) of subsection (a) of Code Section 43-26-8, relating to fees of the Georgia Board of Nursing; by deleting the period at the end of paragraph (5) and inserting in lieu thereof ; and; and by adding a new paragraph (6) to said subsection, to read as follows:

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(6) Renewal of a license to practice nursing as a licensed undergraduate nurse. (29) Said title is further amended by adding following professional nurse in the first sentence or as a licensed undergraduate nurse in subsection (a) of Code Section 43-26-10, relating to engaging in practice as a registered professional nurse without a license, and by adding following professional nurse in the second and third sentences or licensed undergraduate nurse three times in said subsection. (30) Said title is further amended by adding after professional nurse in paragraphs (2), (3), (4), and (5) of Code Section 43-26-12, relating to unlawful acts, the words or licensed undergraduate nurse and by deleting Willfully violate and inserting in lieu thereof Violate willfully in paragraph (7) of said Code section. (31) Said title is further amended by deleting 28 and inserting in lieu thereof 29 as the chapter number for the chapter dealing with dispensing opticians. (32) Said title is further amended by deleting 43-39-21 and inserting in lieu thereof 43-29-21 in subsection (a) of Code Section 43-29-7, relating to the license requirement for persons engaged in the trade or occupation of dispensing optician. (33) Said title is further amended by deleting the comma between chapter and or in Code Section 43-29-21, relating to penalties relating to dispensing opticians. (34) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following 50-13-17 in subsection (b) of Code Section 43-30-11, relating to appointment of an agency representative to determine contested cases pending before the State Board of Examiners in Optometry. (35) Said title is further amended by deleting misdeameanor and inserting in lieu thereof misdemeanor in Code Section 43-32-7, relating to the offense of selling goods as a peddler or itinerant trader without a license. (36) Said title is further amended by deleting the comma following provided in subsection (b) of Code Section 43-33-17, relating to

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issuance of a temporary physical therapy license without examination. (37) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma preceding the word provided in paragraph (3) of Code Section 43-34-20, relating to definitions relative to the practice of medicine. (38) Said title is further amended by deleting biennially and inserting in lieu thereof annually twice in subsection (a) and once in subsection (b) of Code Section 43-34-34, relating to provisional licenses for medical practitioners who have not passed an examination; by deleting be valid for up to two years and inserting in lieu thereof expire 12 months after its issue in subsection (a); and by deleting licensure and inserting in lieu thereof 12 month in subsection (a) of said Code section. (39) Said title is further amended by deleting the comma between state and shall in subparagraph (a)(13)(B) of Code Section 43-34-37, relating to refusal of licenses, suspension of licenses, disciplining of physicians, etc. (40) Said title is further amended by deleting 42-34-66 and inserting in lieu thereof 43-34-66 in the Code section relating to references and attestations of applicants for licensure as orthotists. (41) Said title is further amended by deleting offiense and inserting in lieu thereof offense in the last sentence of subsection (a) of Code Section 43-34-107, relating to the termination of approval and revocation of certificates for utilization of physicians' assistants. (42) Said title is further amended by adding the word State preceding Board in paragraph (1) of Code Section 43-34-122, relating to definitions relative to medical use of marijuana. (43) Said title is further amended by deleting the comma following professional office in Code Section 43-35-11, relating to incorporation for the purpose of practicing podiatry. (44) Said title is further amended by deleting the comma following the word ownership in subsection (e) of Code Section 43-37-2, relating to registration procedure for dealers in precious metals and gems.

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(45) Said title is further amended by adding a comma following the word discretion in subsection (e) of Code Section 43-38-10, relating to permits for private detectives to carry firearms. (46) Said title is further amended by adding a comma following the word territory in paragraph (3) of subsection (a) of Code Section 43-38-11, relating to grounds for denial or sanction of private detective licenses and registrations. (47) Said title is further amended by deleting the word Midnight and inserting in lieu thereof midnight in subsection (d) of Code Section 43-40-12, relating to license fees for real estate brokers and salespersons. (48) Said title is further amended by deleting the word complaint in subsection (b) of Code Section 43-40-24, relating to requisites for maintenance of action under Chapter 40 of Title 43. (49) Said title is further amended by deleting his regular and inserting in lieu thereof their regular in paragraph (1) of Code Section 43-40-29, relating to exceptions to operation of Chapter 40 of Title 43. (50) Said title is further amended by deleting the comma following the word units in paragraph (3) of Code Section 43-41-7, relating to prerequisites to admission to examination for license as a therapeutic recreation specialist. (50.1) Said title is further amended by deleting the word eight and inserting in lieu thereof the word seven in subsection (a), by deleting subsections (b) and (c) and inserting in lieu thereof subsections (e) and (f) in subsection (a), and by deleting and who has no connection whatsoever to the field of sanitary science and technology in subsection (f) of Code Section 43-42-2, relating to the creation of the Georgia Board of Registered Professional Sanitarians. (51) Said title is further amended by deleting the word Commission and inserting in lieu thereof commission in subsection (a) of Code Section 43-45-13, relating to restrictions on advertising relative to the structural pest control business. (52) Said title is further amended by deleting One and inserting in lieu thereof one following follows: in subsection (a) of Code

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Section 43-48-3, relating to the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers. (53) Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 43-38-14, relating to exceptions to operation of Chapter 38 of Title 43, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) A person engaged in the business of furnishing information in connection with credit, employment, insurance, marketing, or other business decisions or transactions, including but not limited to a person or firm engaged as a consumer reporting agency, as defined by the Federal Fair Credit Reporting Act;. Section 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows; (1) Said title is amended by deleting the comma following the word fish in Code Section 44-1-9, relating to ownership of deposit and offspring by wild animals on land. (2) Said title is further amended by adding a comma between the words and and in in the last sentence of subsection (b) of Code Section 44-1-15, relating to removal, destruction, etc., of survey monuments, and by deleting the commas before and after the word thereof in subsection (c) of said Code section. (3) Said title is further amended by deleting as between court and and and by deleting the comma following notice in subsection (b) of Code Section 42-2-2, relating to the clerk of the superior court keeping a docket for filing for record of deeds. (4) Said title is further amended by deleting the comma and inserting in lieu thereof a semicolon following the word state in the last sentence of subsection (b) of Code Section 44-2-20, relating to recorded affidavits relating to land as notice of facts cited therein. (5) Said title is further amended by deleting the commas following appears and by its caption in subsection (c) of Code Section 44-2-21, relating to execution of instrument out of state. (6) Said title is further amended by deleting the comma following lien on and the comma following 44-2-26 in Code Section 44-2-28, relating to incorporation of plats into deeds by reference.

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(7) Said title is further amended by deleting the comma following mean in the first sentence of Code Section 44-2-41, relating to definitions relative to land registration. (8) Said title is further amended by adding the word the between or and sheriff in Code Section 44-2-42, relating to performance of clerk's and sheriff's duties by deputies. (9) Said title is further amended by adding a colon following the word who and by deleting the commas preceding the numerals (2), (3), (4), (5), and (6), and before or (7) and inserting in lieu thereof a semicolon in Code Section 44-2-43, relating to acts of fraud, forgery, theft, etc., in connection with registration of title to land. (10) Said title is further amended by placing a colon following the word who and deleting the comma preceding the numerals (2), (3), and (4) and before or (5) and inserting in lieu thereof a semicolon in Code Section 44-2-44, relating to fraudulent acts by clerks, deputies, etc. (11) Said title is further amended by deleting the comma following the word thereof in the last sentence of subsection (b) of Code Section 44-2-67, relating to process and notice. (12) Said title is further amended by deleting the comma following the word owners in paragraph (3) of Code Section 44-2-101, relating to referral of cases to examiners. (13) Said title is further amended by deleting the comma following the word state in Code Section 44-2-104, relating to authority to inspect pertinent records. (14) Said title is further amended by deleting the comma between title and to in Code Section 44-2-160, relating to transfer of an entire registered estate. (15) Said title is further amended by deleting the language as an assurance fund and inserting such language following paid to the clerk in Code Section 44-2-190, relating to payment into an assurance fund upon original registration. (16) Said title is further amended by deleting the comma between required and may in Code Section 44-2-192, relating to investment of an assurance fund.

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(17) Said title is further amended by deleting the word address and inserting in lieu thereof addresses in item 21. of the Original Petition for Registration of Lands in Code Section 44-2-221, relating to petition to register land. (18) Said title is further amended by deleting the colon following In re petition in the form used for advertisement in Code Section 44-2-223, relating to advertisements relating to recordation and registration. (19) Said title is further amended by deleting entires and inserting in lieu thereof entries in subsection (c) of Code Section 44-2-240, relating to the owner's certificate of title. (20) Said title is further amended by deleting the comma following the word note in subsection (c) of Code Section 44-2-248, relating to notation of special right. (21) Said title is further amended by deleting the comma following the word noted in Code Section 44-2-251, relating to registration and notation of other voluntary transactions. (22) Said title is further amended by adding a comma after the line following 19 in Code Section 44-2-252, relating to updating entries and notations on the owner's certificate. (23) Said title is further amended by adding a comma between that and when in paragraph (8) of Code Section 44-3-2, relating to definitions relative to the Georgia Land Sales Act of 1972.. (24) Said title is further amended by deleting the comma following the word article in paragraph (6) of subsection (a) of Code Section 44-3-5, relating to contents of a proposed public property report. (25) Said title is further amended by deleting Out-of-State and inserting in lieu thereof Out-of-state in Code Section 44-3-25, relating to effect on Out-of-state Land Sales Act. (26) Said title is further amended by deleting Out-of-State and inserting in lieu thereof Out-of-state in Code Section 44-3-40, relating to the short title of Article 2 of Chapter 3 of Title 44.

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(27) Said title is further amended by deleting in the writing and inserting in lieu thereof in that writing in paragraph (1) of Code Section 44-3-43, relating to appointment of the Secretary of State as attorney and posting of a bond as prerequisites to offer, etc., of out-of-state subdivisions, lots, parcels, etc. (28) Said title is further amended by deleting the comma following the word necessary twice in Code Section 44-3-45, relating to investigation and inspection prior to licensing. (29) Said title is further amended by adding visual or sound broadcasting after magazine, in Code Section 44-3-49, relating to liability of media for subdivision advertisements. (30) Said title is further amended by deleting the comma following the word such in paragraph (13) of Code Section 44-3-71, relating to definitions relative to condominiums. (31) Said title is further amended by deleting the word complaince and inserting in lieu thereof compliance in Code Section 44-3-76, relating to compliance with condominium instruments. (32) Said title is further amended by deleting the comma following article in paragraph (13) of subsection (a) of Code Section 44-3-77, relating to contents of declaration, and by deleting the comma following the word plats in subsection (f) of said Code section. (33) Said title is further amended by deleting shall be, and inserting in lieu thereof shall, be in subsection (c) of Code Section 44-3-79, relating to allocation of votes in a condominium association. (34) Said title is further amended by deleting the semicolon following the word survey in the first sentence of subsection (a) of Code Section 44-3-83, relating to recording of plats and plans; by adding a comma after but less than all in said subsection; and by deleting the comma following the word thereof in subparagraph (b)(1)(C) of said Code section. (35) Said title is further amended by deleting the comma following damage in subsection (f) of Code Section 44-3-85, relating to easements.

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(36) Said title is further amended by adding commas following the words instruments and law in paragraph (6) of subsection (b) of Code Section 44-3-86, relating to leasehold condominiums. (37) Said title is further amended by deleting the comma following the word unit in subsection (f) of Code Section 44-3-87, relating to conversion condominiums. (38) Said title is further amended by deleting the comma between pertain and or in subsection (a) of Code Section 44-3-93, relating to amendment of condominium instruments. (39) Said title is further amended by adding a comma following purposes in Code Section 44-3-96, relating to separate titles and taxation. (40) Said title is further amended by adding the word be between shall and in in subsection (d) of Code Section 44-3-98, relating to termination of condominium, and by adding a comma following the word priorities in subsection (f) of said Code section. (41) Said title is further amended by deleting associations shall have the power, and inserting in lieu thereof association shall have the power in subsection (c) of Code Section 44-3-109, relating to liens for assessments. (42) Said title is further amended by deleting acknowledgement and inserting in lieu thereof acknowledgment in the last sentence of the undesignated material in subparagraph (b)(10)(C), by deleting ACKNOWLEDGEMENT and inserting in lieu thereof ACKNOWLEDGMENT in the legend in subsection (c), by deleting CONDOMIUM and inserting in lieu thereof CONDOMINIUM in paragraph (2) of subsection (e), and by deleting CODE SECTION 44-3-11 and inserting in lieu thereof CODE SECTION 44-3-111 in the contract described in subsection (c) of Code Section 44-3-111, relating to sales of residential condominium units for residential occupancy; by deleting the word in between than and the in paragraph (3) of subsection (e); and by deleting the comma following the word site in subsection (f) of said Code section. (43) Said title is further amended by adding a comma between the words contract and which in Code Section 44-3-131, relating to perpetual and endowment care provisions in contracts for sale of a cemetery lot, grave space, etc.

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(44) Said title is further amended by adding a colon between the word cemetery and (1); by deleting the provisions of law contained in; and by deleting the commas preceding the numerals (2), (3), (4) and or (5) and inserting in lieu thereof a semicolon in subsection (e) of Code Section 44-3-141, relating to deposit of payments received by a cemetery for merchandise which is not attached to realty nor delivered to the purchaser at the time of sale, and by deleting the comma following the word transferee in subsection (h) of said Code section. (45) Said title is further amended by deleting the word remarked and inserting in lieu thereof re-marked in Code Section 44-4-2, relating to application for a new survey and marking of lines. (46) Said title is further amended by deleting the comma following land lies and inserting in lieu thereof a semicolon in Code Section 44-4-9, relating to adjoining landowner's protest. (47) Said title is further amended by deleting the comma following the word persons in Code Section 44-5-86, relating to gifts by a person subject to undue influence. (48) Said title is further amended by deleting the comma following the word donor in paragraph (2) of Code Section 44-5-113, relating to the right of an adult to make gifts of securities, annuity contracts, etc. (49) Said title is further amended by inserting a comma between that and if in Code Section 44-5-164, relating to when adverse possession for seven years confers title. (50) Said title is further amended by deleting remainder on his and inserting in lieu thereof remainder or his in Code Section 44-6-88, relating to bond of a purchaser of a life estate in personalty demand. (51) Said title is further amended by deleting the comma following the word estate in Code Section 44-6-104, relating to right of a tenant for years to emblements. (52) Said title is further amended by deleting the comma following the word concerned in Code Section 44-6-166, relating to return of partitioners as judgment of court.

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(53) Said title is further amended by deleting the comma following the word void in subsection (c) of Code Section 44-7-2, relating to parol contracts creating a landlord and tenant relationship. (54) Said title is further amended by deleting the word purpose and inserting in lieu thereof purposes in paragraph (1) of subsection (a) of Code Section 44-7-3, relating to disclosure of ownership, agents, etc. (55) Said title is further amended by adding a comma after provided in Code Section 44-7-14, relating to tort liability of a landlord. (56) Said title is further amended by deleting the comma between the words rent and a in Code Section 44-7-17, relating to exemption of crops paid as rent from liens, etc., against a tenant. (57) Said title is further amended by adding a comma following the word include in the first sentence in paragraph (2) of Code Section 44-7-30, relating to definitions concerning security deposits. (58) Said title is further amended by deleting the comma following the word tenant in subsection (a) of Code Section 44-7-34, relating to return of a security deposit. (59) Said title is further amended by inserting a comma following the word answer in subsection (c) of Code Section 44-7-53, relating to time for tenant to reopen default. (60) Said title is further amended by adding and after the semicolon at the end of paragraph (1) and by adding a comma between the word payment and the in paragraph (2) of subsection (a) of Code Section 44-7-54, relating to payment of rent into court. (61) Said title is further amended by deleting the comma between provided and that in subsection (c) of Code Section 44-7-74, relating to answer and grant of a distress warrant on failure to answer. (62) Said title is further amended by adding the word the between affect and possession in subsection (e) of Code Section 44-7-75, relating to payment of rent into the court in cases of distress warrants.

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(63) Said title is further amended by adding the word the following tenant, in subsection (a) and by deleting the of and inserting in lieu thereof of the in subsection (b) of Code Section 44-7-77, relating to judgment and satisfaction; landlord's liability; distribution of funds; and return of property. (64) Said title is further amended by deleting Code section and inserting in lieu thereof chapter and by deleting the comma following transporting in subsection (a) of Code Section 44-8-5, relating to rights of adjoining landowners in navigable streams. (65) Said title is further amended by deleting the comma following the word fish in subsection (b) of Code Section 44-8-7, relating to rights of owners of land adjacent to or covered by navigable tidewaters. (66) Said title is further amended by adding a comma following express grant, wild lands, and same owner in Code Section 44-9-1, relating to methods of acquiring private ways. (67) Said title is further amended by deleting the comma following 20 feet in width in subsection (b) of Code Section 44-9-40, relating to authority of a superior court to grant private ways. (68) Said title is further amended by inserting the word a between for and new and adding the between after and determination in Code Section 44-9-47, relating to motions and proceedings subsequent to judgment. (69) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following the word damages in Code Section 44-9-55, relating to when owners are barred from damages. (70) Said title is further amended by adding a comma following the word property in Code Section 44-9-91, relating to proceedings to lay out way. (70.1) Said title is further amended by striking predominately and inserting in lieu thereof predominantly in paragraph (1) of Code Section 44-10-2, relating to definitions relative to facade and conservation easements.

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(71) Said title is further amended by deleting the comma following the word revaluation in Code Section 44-10-5, relating to form of instrument conveying an easement for historic preservation. (72) Said title is further amended by adding the word to between given and the in Code Section 44-12-22, relating to assignment of choses in action arising upon contracts. (73) Said title is further amended by deleting the comma following the word bailor in Code Section 44-12-68, relating to consent required for removal of hired thing from state or hazardous use. (74) Said title is further amended by deleting the comma following the word has in the last sentence of paragraph (1) of subsection (a) of Code Section 44-12-194, relating to when unclaimed funds held by insurance corporations are presumed abandoned. (75) Said title is further amended by deleting the words road and street and inserting in lieu thereof roads and streets in subsection (a) of Code Section 44-12-241, relating to pecans falling on public right of way. (76) Said title is further amended by deleting the commas following the words section and court in subsection (c) of Code Section 44-13-5, relating to application for homestead, and by deleting the comma between the words petition and which in said subsection. (77) Said title is further amended by deleting the comma following the word thereof in Code Section 44-13-12, relating to approval of application; transmittal of copy of homestead to other counties; recordation; and evidentiary value. (78) Said title is further amended by deleting the comma following the word property in Code Section 44-13-16, relating to how cash is exempted. (79) Said title is further amended by deleting the comma following the word property in the second sentence of Code Section 44-13-62, relating to findings upon the trial. (80) Said title is further amended by deleting the comma following the word surveyor in Code Section 44-13-102, relating to survey and plat of exempted land; return to probate court; and recordation.

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(81) Said title is further amended by deleting the comma following the word debtor in Code Section 44-13-106, relating to use of exempted property. (82) Said title is further amended by adding a comma following the word property in paragraph (5) of subsection (a) and by deleting the comma following the word subsection in subsection (b) of Code Section 44-14-2, relating to what advances secured by mortgage or conveyance to secure debt. (83) Said title is further amended by adding the word the between by and bill in Code Section 44-14-6, relating to wrongful sale or removal of mortgaged property. (84) Said title is further amended by deleting the word representative and inserting in lieu thereof representatives in subsection (a) of Code Section 44-14-80, relating to reversion of realty to the guarantor; by adding the word or following record of the conveyance in said subsection; and by deleting the comma between or and his in said subsection. (85) Said title is further amended by adding the word the between into and court in paragraph (2) of Code Section 44-14-120, relating to enforcement of rights; petitions; and orders. (86) Said title is further amended by deleting The court and inserting in lieu thereof in subsection (a) of Code Section 44-14-124, relating to judgment; lien thereof; and levy and sale of the land, the following: Upon the trustees making and recording a deed reconveying the real property to the maker in the office of the clerk of the superior court of the county where the land is located, the court. (87) Said title is further amended by adding the word the between or and clerk in the first sentence of subsection (a) and the word the between or and clerk in subsection (b) of Code Section 44-14-232, relating to summons; service on defendant; hearing; and the debtor's duty to notify a creditor of address changes. (88) Said title is further amended by adding the word that between indicating and the in the continuation of the introductory language following subparagraph (1)(B) in Code Section 44-14-234,

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relating to payment into court; issuance of writ; and possession and disposition of property pending resolution. (89) Said title is further amended by adding a comma following the word counterclaim in the second sentence of Code Section 44-14-267, relating to time for filing defenses. (90) Said title is further amended by adding a comma following the word paragraph in paragraph (5) of Code Section 44-14-340, relating to lien for farming supplies, equipment, etc., furnished tenant. (91) Said title is further amended by deleting the comma following the word on in Code Section 44-14-342, relating to priority and date of general liens. (92) Said title is further amended by deleting the semicolons and inserting in lieu thereof commas following the words claimed and thereto in subsection (a) of Code Section 44-14-407, relating to livery stable keepers' liens by describing and recording the amount due. (93) Said title is further amended by adding a comma following the word depository in Code Section 44-14-411, relating to sale of property at public auction. (94) Said title is further amended by adding the word the between which and goods in Code Section 44-14-454, relating to publication of notice of sale. (95) Said title is further amended by deleting the comma following the word thereon in the first sentence of subsection (a) of Code Section 44-14-473, relating to effect of covenant not to bring an action, release, settlement, etc. (96) Said title is further amended by deleting the comma following the word check and inserting a comma between the words order and shall in Code Section 44-14-516, relating to lien on merchandise when stop payment is issued on a check used to purchase merchandise or services. (97) Said title is further amended by deleting acknowledgement and inserting in lieu thereof acknowledgment in Code

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Section 44-14-572, relating to certification of notices of tax liens before filing. (98) Said title is further amended by deleting the comma between the words that and where in Code Section 44-14-591, relating to effect of failure to record petition, decree, or order as to bona fide purchaser or lienor of real property. (99) Said title is further amended by deleting the comma between the word action and containing in Code Section 44-14-610, relating to necessity of recordation for operation of lis pendens as to real property. (100) Said title is further amended by deleting or following dockets; and by adding a semicolon between the words recording and or in subsection (b) of Code Section 44-14-613, relating to effect of Article 9 of Chapter 14 of Title 44 on other laws. Section 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) Said title is amended by adding the word not between has and been in paragraph (7) of Code Section 45-2-1, relating to persons ineligible to hold civil office. (1.1) Said title is further amended by deleting the word office and inserting in lieu thereof the word over in Code Section 45-2-4, relating to the discharge of duties by public officers. (2) Said title is amended by adding a comma before and after per diem in Code Section 45-3-11, relating to persons required to take a loyalty oath. (3) Said title is further amended by adding a new Code section, to be designated Code Section 45-7-28.1, to read as follows: 45-7-28.1. (a) The Department of Audits and Accounts and the Office of Planning and Budget are authorized and directed to: (1) 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

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(2) Review such rules and regulations at least annually and revise them as necessary. (b) The agencies, boards, and commissions of this state are directed to adhere to the employee travel reimbursement rules and regulations established by the Department of Audits and Accounts and the Office of Planning and Budget unless granted an exception on an individual basis for unusual circumstances by both of the issuing agencies. The Department of Audits and Accounts is authorized and directed to include in its annual audits of the financial accounts of the state agencies, boards, and commissions any audit exception to such established rules and regulations. (4) Said title is further amended by deleting state preceding Commission and inserting in lieu thereof State in Code Section 45-7-90, relating to the State Commission on Compensation. (5) Said title is further amended by deleting Sections 45-9-20 and 45-9-21 and inserting in lieu thereof Section 45-9-20 or 45-9-21 in Code Section 45-9-23, relating to waiver of immunity from action. (6) Said title is further amended by deleting Code Section 16-13-31 and inserting in lieu thereof Code Section 16-13-30 or 16-13-31 in subsection (b) of Code Section 45-12-37, relating to reward for information leading to the arrest and conviction of a person selling dangerous or narcotic drugs. (7) Said title is further amended by deleting Sections 45-12-83 through 45-12-85 and inserting in lieu thereof Section 45-12-83 in Code Section 45-12-82, relating to quarterly work programs to be filed. (8) Said title is further amended by deleting duces tecum in subsection (b) of Code Section 45-15-17, relating to power of the Attorney General to conduct investigations. (9) Said title is further amended by deleting state court and inserting in lieu thereof court of this state in subsection (a) of Code Section 45-15-70, relating to the authority of the Governor to provide counsel for public officials and agencies; by adding and this shall include county registrars, preceding and when no regular counsel; by deleting or bureau preceding by the Attorney General, and

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inserting in lieu thereof bureau, or county registrar; and by adding ,or county registrar following bureau and preceding the period at the end of said subsection. (10) Said title is further amended by deleting If, before and inserting in lieu thereof If before in subsection (l) of Code Section 45-20-9, relating to procedure for conduct of hearings and appeals relating to adverse personnel actions. (11) Said title is further amended by deleting the comma following merit system in subsection (a) of Code Section 45-20-10, relating to submission and review of payrolls. Section 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended as follows: (1) Said title is amended by deleting motor-propelled and inserting in lieu thereof motor propelled in paragraphs (7) and (8) and by deleting the comma between the words persons and or in paragraph (8) of Code Section 46-1-1, relating to definitions relative to Title 46. (2) Said title is further amended by deleting the commas following violates and company of in Code Section 46-2-93, relating to criminal penalty; venue for actions; and calling of agents and employees of a company as witnesses. (3) Said title is further amended by deleting the comma preceding if and inserting a comma following if in paragraph (4) of Code Section 46-3-3, relating to definitions concerning territorial electric service. (4) Said title is further amended by deleting the parentheses around the language in Code Section 46-3-5, relating to assignment of geographic areas within municipal limits as of March 29, 1973. (5) Said title is further amended by deleting the parentheses and inserting commas around the language in paragraph (2) of Code Section 46-3-6, relating to assignment, etc., of geographic areas included within wholly new municipalities after March 29, 1973.

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(6) Said title is further amended by deleting the comma following the word including in Code Section 46-3-7, relating to assignment, etc., of geographic areas annexed to municipalities after March 29, 1973, and by deleting the parentheses around and by any other secondary supplier whose lines are located at least partially within 300 feet thereof and or such other secondary supplier, if such be the case in said Code section. (7) Said title is further amended by deleting the parentheses around the language in paragraph (1) and by adding a comma following annexed in paragraph (1) of Code Section 46-3-9, relating to limitation on power of electric membership corporations to furnish service within municipalities. (8) Said title is further amended by deleting calender following the remainder of the in subsection (b) of Code Section 46-3-117, relating to the manner of distribution of votes, and inserting in lieu thereof calendar. (9) Said title is further amended by deleting ; provided, that and inserting in lieu thereof , provided that in subsection (a) of Code Section 46-3-121, relating to annual meeting of the Municipal Electric Authority of Georgia. (10) Said title is further amended by deleting the comma between provided and that in subsection (c) of Code Section 46-3-143, relating to bond anticipation notes. (11) Said title is further amended by deleting constitute and inserting in lieu thereof constitute in the first sentence of subsection (b) of Code Section 46-3-145, relating to liability of members of the Municipal Electric Authority of Georgia. (12) Said title is further amended by adding with between authority and respect in subsection (b) of Code Section 46-3-147, relating to appointment of receiver for the Municipal Electric Authority of Georgia for default on bonds. (13) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon at the end of subparagraph (a)(1)(D) of Code Section 46-3-148, relating to fixing, revising, and collecting fees, tolls, and charges for use of projects.

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(14) Said title is further amended by deleting of following outside of in subsection (a) and by deleting articles or incorporation and inserting in lieu thereof articles of incorporation in subsection (b) of Code Section 46-3-298, relating to place, time, and notice of directors' meetings. (15) Said title is further amended by deleting the comma following 219 in subsection (e) of Code Section 46-4-57, relating to exercise of the right of eminent domain by gas utilities. (16) Said title is further amended by deleting the colon and inserting in lieu thereof a semicolon following 46-5-2 in subparagraph (a)(1)(A) of Code Section 46-5-3, relating to making, possessing, selling, allowing use of, publishing assembly plans for, etc., devices, equipment, or apparatus for committing theft of telecommunications service or for concealing the origin or destination of any telecommunication. (17) Said title is further amended by deleting facilites and inserting in lieu thereof facilities in the first sentence of subsection (b) of Code Section 46-5-20, relating to judicial proceedings for disconnection and removal of illegally used telephone facilities. (18) Said title is further amended by deleting for a preceding the word period in the form in Code Section 46-5-75, relating to certificate of the Secretary of State. (19) Said title is further amended by deleting acknowledgements and inserting in lieu thereof acknowledgments in Code Section 46-5-98, relating to taking of acknowledgments by officers and trustees of cooperatives. (20) Said title is further amended by deleting the period and inserting in lieu thereof ; and at the end of paragraph (4) of Code Section 46-7-55, relating to fees of the Public Service Commission for motor contract carriers. (21) Said title is further amended by deleting subpagraphs and inserting in lieu thereof subparagraphs in subsection (e) of Code Section 46-7-61, relating to requirements as to registration permits for motor contract carriers.

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(22) Said title is further amended by deleting necessity and convenience and inserting in lieu thereof convenience and necessity in subsection (b) of Code Section 46-7-66, relating to maintenance by carriers of records as to vehicle and trailer use. (23) Said title is further amended by inserting a comma following the word stock in subsection (d) of Code Section 46-8-45, relating to payment of subscriptions for stock of railroad companies. (24) Said title is further amended by adding a comma preceding the word including, by deleting the parentheses around (including attorneys' fees), and by adding the word that between provided and he in subsection (a) of Code Section 46-8-51, relating to indemnification by a railroad corporation of directors, officers, etc., for legal expenses, judgments, fines, etc.; by deleting the parentheses around (including attorneys' fees) and inserting in lieu thereof commas in subsections (b) and (c); by adding a comma between action and provided in subsection (b); and by deleting the parentheses around (unless ordered by a court) and inserting in lieu thereof commas in subsection (d) of said Code section. (25) Said title is further amended by deleting commission and inserting in lieu thereof Public Service Commission in paragraph (5) of subsection (a) of Code Section 46-8-73, relating to contents of petition for dissolution of a railroad corporation. (26) Said title is further amended by deleting the word commission and inserting in lieu thereof Public Service Commission in Code Section 46-8-75, relating to transfer of a copy of a petition for dissolution of a railroad from the Secretary of State to the Public Service Commission. (27) Said title is further amended by deleting the word commission in the first sentence and inserting in lieu thereof Public Service Commission and by deleting commission in the last sentence and inserting in lieu thereof Public Service Commission, in Code Section 46-8-78, relating to the order of the Secretary of State accepting surrender of the charter and franchises and dissolving the corporation. (28) Said title is further amended by deleting the comma following embankments in paragraph (4) of Code Section 46-8-100, relating to general powers of a railroad company.

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(29) Said title is further amended by deleting the word other preceding vessels in Code Section 46-8-102, relating to construction and operation of vessels by railroad companies. (30) Said title is further amended by deleting commission and inserting in lieu thereof Public Service Commission in subsections (a) and (b) of Code Section 46-8-128, relating to obstructions located at railroad highway crossings. (31) Said title is further amended by deleting Public Service preceding commission in subsection (c) of Code Section 46-8-171, relating to equipping track motor cars with headlights and red rear lights. (32) Said title is further amended by deleting commission and inserting in lieu thereof Public Service Commission in subsection (a) of Code Section 46-8-196, relating to duty of the Public Service Commission to designate and require use of standard signs to indicate highway crossings. (33) Said title is further amended by adding a comma following federal law and by deleting during the preceding week in Code Section 46-8-211, relating to report by track and section foremen as to livestock killed. (34) Said title is further amended by adding a comma following surburban in the first sentence of Code Section 46-8-340, relating to free transportation for policemen, firemen, etc., by street, suburban, and interurban railroad companies, and by correcting the spelling of surburban to suburban in the first sentence of said Code section. (35) Said title is further amended by deleting accured and inserting in lieu thereof accrued in Code Section 46-9-5, relating to limitation of actions by common carriers for recovery of charges. (36) Said title is further amended by deleting the comma following the word penalties in Code Section 46-9-250, relating to demand, receipt, etc., by railroad companies of more than a fair and reasonable rate for transportation of passengers or freight or for transportation of railroad cars.

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(37) Said title is further amended by deleting consumer and inserting in lieu thereof consumers in subsection (b) of Code Section 46-10-3, relating to creation of the office of Consumers' Utility Counsel. Section 47. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) Said title is amended by deleting consideration and inserting in lieu thereof consideration in the third sentence of subsection (d) of Code Section 47-1-3, relating to power of a local retirement system to obtain the services of an actuary. (2) Said title is further amended by deleting the chapter and inserting in lieu thereof this chapter in paragraph (10) of Code Section 47-2-1, relating to definitions relative to the Employees' Retirement System of Georgia; by deleting Employees and inserting in lieu thereof Employees' in paragraph (14); and by deleting survivor's and inserting in lieu thereof survivors in paragraph (19) of said Code section. (3) Said title is further amended by deleting shall be and inserting in lieu thereof was in paragraph (4) of subsection (b) of Code Section 47-2-21, relating to power and duty of the board of trustees to administer and operate the Employees' Retirement System of Georgia; by deleting ; provided, that and inserting in lieu thereof , provided that and by deleting one shall serve and inserting in lieu thereof one served in paragraph (5); and by deleting shall be following term and inserting in lieu thereof was in paragraph (6) of said subsection. (4) Said title is further amended by deleting ; provided, that and inserting in lieu thereof , provided that in subsection (h) of Code Section 47-2-54, relating to payment of employee contributions on behalf of employees. (5) Said title is further amended by adding and following paragraph (2) of subsection (e) of Code Section 47-2-96, relating to prior service credit and payments required to obtain such credit. (6) Said title is further amended by deleting the comma following tax official and by deleting fulltime and inserting in lieu thereof full-time in subsection (b) of Code Section 47-2-97, relating

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to applicability of creditable service obtained under Code Section 47-2-93 or subsection (b) of Code Section 47-2-96 toward involuntary separation benefits. (7) Said title is further amended by deleting who following (4) in Code Section 47-2-142, relating to credit for prior service rendered by certain persons who were members as of January 1, 1973, and who were transferred under loan to a federal agency or who resigned or took a leave of absence to serve overseas with a Red Cross organization during World War II; by deleting the semicolon following II and preceding and; and by deleting the comma following employer in said Code section. (8) Said title is further amended by deleting on or after and inserting in lieu thereof during or after in Code Section 47-2-163, relating to eligibility for survivors benefits coverage of persons who are members of the General Assembly during or after January, 1962. (9) Said title is further amended by adding a comma between Georgia and provided in subsection (a) of Code Section 47-2-181, relating to transfer of service credits and contributions from the Teachers Retirement System of Georgia to the Employees' Retirement System of Georgia. (10) Said title is further amended by deleting the commas following Rehabilitation and department in subsection (e) of Code Section 47-2-220, relating to membership of employees of the Department of Offender Rehabilitation. (11) Said title is further amended by deleting Code Section 47-2-221, relating to disability allowances payable to members of the Uniform Division of the Department of Public Safety, and inserting in lieu thereof the following: 47-2-221. (a) (1) Notwithstanding the disability allowance provided for in Code Section 47-2-123, any member of the Uniform Division of the Department of Public Safety, any conservation ranger of the Department of Natural Resources, any officer or agent of the Georgia Bureau of Investigation, and any alcohol and tobacco officer or agent of the Department of Revenue who, while a contributing member of this retirement system and upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability

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retirement allowances shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option. Such monthly allowance as shall be payable to the member only, during his life or length of disability, shall not exceed 80 percent of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent disability occurred. Such permanent disability retirement shall apply regardless of the length of service of any such member; and such member shall be deemed to have acquired 30 or more years of creditable service. In addition, a member so disabled in the line of duty shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per month for each year of creditable service as a member of the Uniform Division of the Department of Public Safety, conservation ranger of the Department of Natural Resources, alcohol and tobacco officer or agent of the Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation. Such additional monthly supplemental benefit shall in no event exceed $150.00 per month. Any other provision of law to the contrary notwithstanding, any member of the Uniform Division of the Department of Public Safety who retired prior to July 1, 1970, as a result of becoming permanently disabled due to an act of external violence or injury incurred in the line of duty and who was a member of the retirement system on the date of the injury or act of violence shall be entitled to and shall receive the monthly supplemental benefit provided for in this subsection. (2) In lieu of the foregoing, any member so disabled in the line of duty shall be entitled to receive a minimum monthly disability retirement benefit equal to 2 percent of his monthly earnable compensation for the month in which his permanent disability occurred for each year of creditable service determined as though he had continued in service in the Uniform Division of the Department of Public Safety, as a conservation ranger of the Department of Natural Resources, as an alcohol and tobacco officer or agent of the Department of Revenue, or as an officer or agent of the Georgia Bureau of Investigation until his mandatory retirement age.

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(b) (1) Notwithstanding the disability allowance provided for in Code Section 47-2-123, any employee of the Department of Natural Resources appointed as a deputy conservation ranger under Code Section 27-1-17 who, while a contributing member of this retirement system and upon becoming permanently disabled due to an act of external violence or injury incurred in the line of law enforcement duty, becomes eligible for disability retirement allowances shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option. Such monthly allowance as shall be payable to the member only, during his life or length of disability, shall not exceed 80 percent of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent disability occurred. Such permanent disability retirement shall apply regardless of the length of service of any such member; and such member shall be deemed to have acquired 30 or more years of creditable service. In addition, a member so disabled in the line of law enforcement duty shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per month for each year of creditable service as an employee of the Department of Natural Resources who has been appointed as a deputy conservation ranger under Code Section 27-1-17. Such additional monthly supplemental benefit shall in no event exceed $150.00 per month. (2) In lieu of the foregoing, any member so disabled in the line of law enforcement duty shall be entitled to receive a minimum monthly disability retirement benefit equal to 2 percent of his monthly earnable compensation for the month in which his permanent disability occurred for each year of creditable service determined as though he had continued in service as a deputy conservation ranger until his mandatory retirement age. (12) Said title is further amended by deleting member of the Uniformed Division of Conservation Rangers of the Department of Natural Resources, hereinafter in this Code section referred to as the Uniformed Division, and inserting in lieu thereof conservation ranger of the Department of Natural Resources, in subsection (b) of Code Section 47-2-224, relating to mandatory retirement age and

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monthly retirement benefits for conservation rangers of the Department of Natural Resources, alcohol and tobacco officers and agents of the Department of Revenue, and officers and agents of the Special Investigations Unit of the Department of Revenue; by deleting provided, that and inserting in lieu thereof provided that, in subsection (c); by deleting members of the Uniformed Division and inserting in lieu thereof conservation rangers in subsection (e) twice; and by deleting member of the Uniformed Division and inserting in lieu thereof conservation ranger in subsection (f) of said Code section. (13) Said title is further amended by adding quotation marks preceding employees,' in the first sentence of subsection (b) of Code Section 47-2-262, relating to membership of assistant district attorneys and employees of the Prosecuting Attorneys' Council in the Employees' Retirement System of Georgia. (14) Said title is further amended by adding Subsection (b) of at the beginning of subsection (c) preceding Code in Code Section 47-2-290, relating to merit system of personnel administration for judges, solicitors, and other employees of the state courts. (15) Said title is further amended by deleting becomes and inserting in lieu thereof became and by deleting the comma following system in the first sentence of Code Section 47-2-311, relating to credit for service rendered by persons who were formerly employed by the Georgia Warm Springs Foundation. (16) Said title is further amended by deleting the comma following the word commissions in the first sentence of subsection (a) of Code Section 47-2-312, relating to a merit system of personnel administration for employees of the Georgia Agricultural Commodity Commissions. (17) Said title is further amended by adding quotation marks around Teachers Retirement System of Georgia and by adding a comma following Georgia in Code Section 47-3-20, relating to creation of the Teachers Retirement System of Georgia. (18) Said title is further amended by deleting perfrom and inserting in lieu thereof perform in subsection (a) of Code Section 47-3-23, relating to designation of an actuary for the Board of Trustees of the Teachers Retirement System of Georgia.

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(19) Said title is further amended by deleting the comma following the word chapter in Code Section 47-3-25, relating to designation of a medical board. (20) Said title is further amended by deleting contribution and inserting in lieu thereof contributions in paragraph (4) of Code Section 47-3-43, relating to purpose of the pension accumulation fund. (21) Said title is further amended by deleting ; provided that and inserting in lieu thereof , provided that in subsection (b) of Code Section 47-3-63, relating to membership of full-time public school lunchroom, maintenance, or warehouse managers or supervisors. (22) Said title is further amended by deleting ; provided, that and inserting in lieu thereof , provided that in Code Section 47-3-64, relating to public school teachers and employees who are covered by a retirement fund maintained by a city, county, or independent school district and who accept employment with private nonsectarian schools which are eligible for state grants. (23) Said title is further amended by adding ; provided, further, that between system and for in subsection (b) of Code Section 47-3-85, relating to credit for service rendered by a former member of the Employees' Retirement System of Georgia who withdrew his contributions from that retirement system. (24) Said title is further amended by adding or following 1943, in subsection (a) of Code Section 47-3-86, relating to issuance of a prior service certificate. (25) Said title is further amended by adding percent following 3/4 in paragraph (2) of subsection (a) of Code Section 47-3-120, relating to allowance on service retirement, and by adding at the end of subsection (a) the following: The minimum allowance to be received by any member upon retirement shall not be less than $12.00 per month for each year of creditable service, not to exceed 40 years of creditable service. (26) Said title is further amended by inserting of following In the case in subsection (b) of Code Section 47-3-120, relating to allowances on service retirement to the Teachers Retirement System of Georgia.

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(27) Said title is further amended by adding subsection (a) of following the first set forth in and subsection (b) of following the second set forth in in paragraph (2) of subsection (c) of Code Section 47-3-122, relating to eligibility and application for disability benefits. (28) Said title is further amended by deleting schoolteacher and inserting in lieu thereof school teacher four times and by deleting schoolteachers and inserting in lieu thereof school teachers wherever such terms appear in Code Section 47-3-124, relating to application of minimum retirement allowances to persons who retired pursuant to county, municipal, or local board of education retirement or pension systems. (29) Said title is further amended by deleting 47-3-120 and inserting in lieu thereof 47-3-126 and by deleting schoolteacher and inserting in lieu thereof school teacher one time and by deleting schoolteachers and inserting in lieu thereof school teachers four times in Code Section 47-3-125, relating to application of increases in retirement benefits to persons who retired pursuant to county, municipal, or local board of education retirement or pension systems. (30) Said title is further amended by deleting the comma following the word board and inserting in lieu thereof a semicolon in the first sentence in subsection (b) of Code Section 47-4-60, relating to employee and employer contributions to the Public School Employees Retirement System. (31) Said title is further amended by deleting Assmebly and inserting in lieu thereof Assembly in the fourth sentence in subsection (b) of Code Section 47-4-101, relating to retirement benefits under the Public School Employees Retirement System. (32) Said title is further amended by adding on the presentation following opinion in the first sentence in subsection (d) of Code Section 47-5-30, relating to periodic audit of the accounts of the Board of Trustees of the Joint Municipal Employees Retirement System. (33) Said title is further amended by deleting Code section and inserting in lieu thereof chapter in subsection (a) of Code Section 47-5-41, relating to power of the Board of Trustees of the Joint

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Municipal Employees Retirement System to establish a retirement plan for the Jointly Owned Natural Gas Transmission Line. (34) Said title is further amended by deleting Code section and inserting in lieu thereof chapter in subsection (a) of Code Section 47-5-43, relating to power of multicounty planning and development commissions to establish retirement plans. (35) Said title is further amended by deleting Code section and inserting in lieu thereof chapter in subsection (a) of Code Section 47-5-44, relating to power of the Emergency Management Division of the State Department of Defense to establish retirement plans for employees of local emergency management organizations. (36) Said title is further amended by deleting Code section and inserting in lieu thereof chapter in subsection (a) of Code Section 47-5-45, relating to power of municipal authorities to establish retirement plans or to join plans operated by member municipalities. (37) Said title is further amended by deleting Code section and inserting in lieu thereof chapter in subsection (a) of Code Section 47-5-46, relating to power of the Board of Trustees of the Joint Municipal Employees Retirement System to establish a retirement plan for the Georgia Municipal Association. (38) Said title is further amended by deleting which and inserting in lieu thereof whom in paragraph (2) of subsection (a) of Code Section 47-7-100, relating to eligibility for full pension benefits from the Georgia Firemen's Pension Fund; by deleting Code section and inserting in lieu thereof subsection in subsection (b); by deleting (a) and inserting in lieu thereof (b) in subsection (c); by deleting (a) or (b) and inserting in lieu thereof (b) or (c) in subsection (d); by deleting (a) or (b) and inserting in lieu thereof (b) or (c) in the last sentence of subsection (d); and by deleting (a) or (b) and inserting in lieu thereof (b) or (c) in subsection (e) of said Code section. (39) Said title is further amended by deleting the comma following fund in subsection (c) of Code Section 47-7-102, relating to eligibility for disability benefits for injuries received while performing duties as a fireman or volunteer fireman; and by deleting the word Officer and inserting in lieu thereof Office and deleting thereto at the end of paragraph (1) of subsection (f) of said Code section.

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(40) Said title is further amended by adding a comma following of the board in the first sentence of Code Section 47-7-120, relating to reduction of benefits upon determination that available moneys are insufficient. (41) Said title is further amended by deleting the superior and inserting in lieu thereof a superior twice in subsection (b) of Code Section 47-8-20, relating to membership in the Superior Court Judges Retirement Fund of Georgia. (42) Said title is further amended by deleting nineteeth and inserting in lieu thereof nineteenth in the first sentence and by deleting ; provided, that and inserting in lieu thereof , provided that in the last sentence in subsection (a) of Code Section 47-8-40, relating to eligibility for appointment to the office of senior judge; by deleting ; provided, that and inserting in lieu thereof , provided that in subsection (d); and by deleting the comma following Any former judge of a superior court in subsection (e) of said Code section. (43) Said title is further amended by adding a comma following superior courts in subsection (a) of Code Section 47-8-41, relating to eligibility for appointment as a senior judge or retirement. (44) Said title is further amended by deleting the comma following the words under this chapter in subsection (a) of Code Section 47-8-66, relating to suspension of appointment to the office of senior judge while eligible for or holding an office of profit or trust under the Constitution of the United States or the Constitution of Georgia. (45) Said title is further amended by adding a comma between none and his in Code Section 47-8-69, relating to withdrawal of payments to the Superior Court Judges Retirement Fund of Georgia by superior court judges who have been disqualified or resigned from office. (46) Said title is further amended by adding the word beginning following courts, and by deleting the comma following courts, in the first sentence of subsection (a) of Code Section 47-9-60, relating to creation of the office of senior judge of the superior courts.

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(47) Said title is further amended by adding a semicolon between married and and, in subsection (i) of Code Section 47-9-73, relating to spouses benefits coverage. (48) Said title is further amended by deleting the comma following bequest in Code Section 47-10-24, relating to power of the Board of Trustees of the Trial Judges and Solicitors Retirement Fund to take, hold, and invest gifts, grants, or bequests. (49) Said title is further amended by deleting No and inserting in lieu thereof Any in the last sentence of subsection (c) and by deleting the following members of the in subsection (d) of Code Section 47-10-40, relating to membership in the Trial Judges and Solicitors Retirement Fund. (50) Said title is further amended by deleting 47-10-80 and 47-10-100 and inserting in lieu thereof 47-10-100 and 47-10-101 in Code Section 47-10-41, relating to effect of transfer from one covered position or office to another. (51) Said title is further amended by deleting the comma following compensation in subsection (b) of Code Section 47-10-100, relating to retirement age. (52) Said title is further amended by deleting or and inserting in lieu thereof a comma following $500.00 in subsection (a) of Code Section 47-10-121, relating to attempts to defraud the Trial Judges and Solicitors Retirement Fund by means of false statements or falsified records. (53) Said title is further amended by deleting Probate Court and inserting in lieu thereof probate court twice in subsection (c) of Code Section 47-11-20, relating to creation and membership of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia. (54) Said title is further amended by deleting in the fund and inserting in lieu thereof in the retirement system in subsection (b) of Code Section 47-11-21, relating to creation of the office of secretary-treasurer. (55) Said title is further amended by adding a comma between agents and including in subsection (c) of Code Section 47-11-23, relating to control of funds provided for in Chapter 11 of Title 47.

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(56) Said title is further amended by deleting subsections (b) through (h) and inserting in lieu thereof paragraphs (2) through (9) in the second paragraph of the introductory language of Code Section 47-11-40, relating to membership in the Judges of the Probate Courts Retirement Fund of Georgia. (57) Said title is further amended by adding a comma following provided and preceding further in subsection (b) of Code Section 47-11-70, relating to eligibility and application for retirement benefits; by deleting the comma following probate court who; and by deleting may have severed prior to July 1, 1976, and inserting in lieu thereof prior to July 1, 1976, may have severed in said subsection. (58) Said title is further amended by deleting set and inserting in lieu thereof net following average monthly in subsection (a) of Code Section 47-11-71, relating to amount of retirement benefits. (59) Said title is further amended by deleting of either and inserting in lieu thereof either of in the first sentence of subsection (a) of Code Section 47-12-43, relating to manner of deduction of payments to the District Attorneys Retirement Fund of Georgia. (60) Said title is further amended by deleting other and inserting in lieu thereof otherwise in the first sentence of Code Section 47-12-60, relating to eligibility for retirement from the office of district attorney and appointment to the office of district attorney emeritus. (61) Said title is further amended by deleting set forth under subsection (c) of Code Section 47-12-41 and inserting in lieu thereof provided for by this chapter in Code Section 47-12-61, relating to credit for service rendered as a judge of a city court from which appeals can be taken directly to the Court of Appeals. (62) Said title is further amended by deleting States or of and inserting in lieu thereof State or in subsection (b) of Code Section 47-12-82, relating to salary for district attorneys emeritus. (63) Said title is further amended by adding and at the end of paragraph (9) of subsection (a) of Code Section 47-13-22, relating to powers and duties of the Board of Trustees of the District Attorneys' Retirement System.

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(64) Said title is further amended by deleting 47-2-51 and inserting in lieu thereof 47-2-54 in subsection (d) of Code Section 47-13-50, relating to the basis for employee contributions. (65) Said title is further amended by deleting board of trustees and inserting in lieu thereof Board of Trustees and by deleting Board of Trustees and inserting in lieu thereof board of trustees in Code Section 47-13-60, relating to transfer of service credits and employee and employer contributions from the Trial Judges and Solicitors Retirement Fund. (66) Said title is further amended by deleting and, in and inserting in lieu thereof , and in in subsection (c) of Code Section 47-14-23, relating to the power of the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia to control, expend, and invest funds under the retirement fund. (67) Said title is further amended by adding a new subsection (d) to Code Section 47-14-40, relating to application for membership in the Superior Court Clerks' Retirement Fund of Georgia, to read as follows: (d) No payments shall be made to the board earlier than for the month of April, 1952. (68) Said title is further amended by adding a comma between retirement and may in the first sentence of subsection (c) of Code Section 47-14-70, relating to eligibility for retirement benefits. (69) Said title is further amended by deleting Reitrement and inserting in lieu thereof Retirement in paragraph (1) and by deleting the semicolons at the end of paragraphs (1) and (2) and inserting in lieu thereof periods in Code Section 47-16-1, relating to definitions relative to the Sheriffs' Retirement Fund of Georgia. (70) Said title is further amended by deleting Association of County Commissioners and inserting in lieu thereof Association County Commissioners of Georgia in subsection (a) of Code Section 47-16-21, relating to membership of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, and by adding a comma following 1982 in subsection (b) of said Code section.

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(71) Said title is further amended by deleting ; provided and inserting in lieu thereof , provided in subsection (b) of Code Section 47-16-44, relating to removal from active membership rolls upon cessation of services as a sheriff, failure to pay membership dues, etc. (72) Said title is further amended by deleting Section and inserting in lieu thereof section following of this Code in subsection (a) of Code Section 47-16-81, relating to credit for prior service as a sheriff, member of the armed forces of the United States, or peace officer after previous waiver of claim for such credit. (73) Said title is further amended by deleting transporation and inserting in lieu thereof transportation and by deleting ; provided and inserting in lieu thereof, provided in subparagraph (5)(F) of Code Section 47-17-1, relating to definitions relative to the Peace Officers' Annuity and Benefit Fund. (74) Said title is further amended by deleting retirement preceding fund in subsection (b) of Code Section 47-17-40, relating to application for membership in the Peace Officers' Annuity and Benefit Fund. (75) Said title is further amended by deleting joint and inserting in lieu thereof join in Code Section 47-17-42, relating to membership of peace officers blinded in the line of duty before creation of the Peace Officers' Annuity and Benefit Fund. (76) Said title is further amended by inserting a comma following States in the second sentence of subsection (b) of Code Section 47-17-70, relating to prior service credit for members who first apply for membership on or after May 1, 1968. (77) Said title is further amended by deleting ; provided, that and inserting in lieu thereof , provided that in subsection (a) of Code Section 47-17-81, relating to eligibility for disability benefits, and by adding a comma after March 23, 1977 in subsection (c) of said Code section. (78) Said title is further amended by adding a comma between that and if in subsection (b) of Code Section 47-17-82, relating to designation of beneficiary to receive survivors benefits.

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(79) Said title is further amended by deleting the comma following payable in Code Section 47-17-102, relating to reduction of benefits upon determination that available funds are insufficient. (80) Said title is further amended by adding a semicolon between itself and to in Code Section 47-17-103, relating to exemption of rights, benefits, and moneys under Chapter 17 of Title 47 from taxation. (81) Said title is further amended by deleting the comma following 47-17-60 in Code Section 47-17-104, relating to attempts to defraud the Peace Officers' Annuity and Benefit Fund by false information. (82) Said title is further amended by deleting the comma following Georgia in subsection (e) of Code Section 47-18-40, relating to agreement between the state and the federal government with regard to providing old-age, survivors, and disability protection to employees of the state and its political subdivisions. (83) Said title is further amended by deleting (a) and inserting in lieu thereof (c) in paragraph (3) of subsection (a) of Code Section 47-18-41, relating to submission of plans for old-age, survivors, and disability insurance coverage to the state agency by political subdivisions of the state; by adding or between area board of education, and incorporated in subsection (d); by deleting town or incorporated city, and inserting in lieu thereof municipality in said subsection; by adding a semicolon following failure in said subsection; by deleting the comma following allotted to such board of education in said subsection; by deleting , town or city and inserting in lieu thereof or municipality in said subsection; and by adding director of the preceding Fiscal Division three times in subsection (e) of said Code section. (84) Said title is further amended by deleting the apostrophe following Attorneys in Code Section 47-18-43, relating to a referendum on the question of coverage of positions covered by Chapter 12 of Title 47. (85) Said title is further amended by adding a comma following position in subsection (a) of Code Section 47-19-9, relating to application of the State Merit System of Personnel Administration to employees of the State Employees' Assurance Department.

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Section 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: (1) Said title is amended by deleting Division and inserting in lieu thereof division in paragraph (10) of Code Section 48-1-2, relating to definitions relative to revenue and taxation. (2) Said title is amended by deleting Fiscal Division and inserting in lieu thereof fiscal division in Code Section 48-2-17, relating to payment of taxes to the fiscal division. (3) Said title is further amended by deleting the comma following that in Code Section 48-2-41, relating to the authority of the state revenue commissioner to waive interest on unpaid taxes. (4) Said title is further amended by deleting Fiscal Division and inserting in lieu thereof fiscal division in Code Section 48-2-82, relating to seizure of contraband articles. (5) Said title is further amended by deleting and following barred on and in the notice in subsection (a) of Code Section 48-4-46, relating to the form of notice of foreclosure of the right to redeem in tax sales. (6) Said title is further amended by deleting unforseen and inserting in lieu thereof unforeseen in paragraph (2) of subsection (b) of Code Section 48-5-126.1, relating to training classes for county tax collectors and tax commissioners. (7) Said title is further amended by closing the parenthesis after 10 in paragraph (10) of subsection (a) of Code Section 48-5-127, relating to duties of tax collectors. (8) Said title is further amended by deleting a following basis to be in subsection (e) of Code Section 48-5-180, relating to commissions of tax receivers and tax collectors. (9) Said title is further amended by deleting the comma following 48-5-271 in subsection (b) of Code Section 48-5-24, relating to payment of taxes to the county in which returns are made. (10) Said title is further amended by deleting shall following donors in subsection (d) of Code Section 48-5-41, relating to property exempt from taxation.

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(11) Said title is further amended by renumbering subsection (c) of Code Section 48-5-45, relating to application for homestead exemption, as subsection (d) and inserting a new subsection (c) in said Code section, to read as follows: (c) In all counties having a population of not less than 34,000 nor more than 34,500 according to the United States decennial census of 1970 or any future such census, the written application and schedule required in subsection (a) of this Code section shall be filed on or before March 1 of the year in which exemption from taxation is sought. (12) Said title is further amended by deleting the last sentence of subsection (a) of Code Section 48-5-79, relating to prepayment of deferred property taxes and accrued interest, which reads as follows: Any payment made under paragraph (2) of this subsection shall be deposited in a special escrow account for the 30 day period; and the tax collector or tax commissioner shall not make distribution of the amount under Code Section 48-6-74 while the funds are held in escrow., and by inserting at the end of paragraph (2) of subsection (a) the following: Any payment made under this paragraph shall be deposited in a special escrow account for the 30 day period; and the tax collector or tax commissioner shall not make distribution of the amount under Code Section 48-6-74 while the funds are held in escrow. (13) Said title is further amended by deleting Fiscal Division and inserting in lieu thereof fiscal division in Code Section 48-5-131, relating to retention of a copy of the insolvent list by the county governing authority. (14) Said title is further amended by deleting the comma and inserting in lieu thereof a semicolon following the word order in paragraph (3) of subsection (a) of Code Section 48-5-146, relating to receipt of checks or money orders by a tax commissioner or tax collector. (15) Said title is further amended by deleting Fiscal Division and inserting in lieu thereof fiscal division in subsection (b) of Code

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Section 48-5-304, relating to approval of tax digests when assessments are in arbitration or on appeal. (16) Said title is further amended by deleting Fiscal Division and inserting in lieu thereof fiscal division twice in subsection (b) of Code Section 48-5-330, relating to aid by the state revenue commissioner to counties for programs of valuation and equalization of assessments. (16.1) Said title is further amended by adding .00 following the symbol and figure $24,000 in paragraph (3) of subsection (a) of Code Section 48-5-447, relating to compensation of tax collectors and tax commissioners for collecting taxes. (17) Said title is further amended by deleting law enforcement and inserting in lieu thereof lawful in subsection (b) of Code Section 48-5-512, relating to issuance of executions against public utilities failing to file returns with the state revenue commissioner. (18) Said title is further amended by deleting the comma following losses in the first sentence of paragraph (3) of subsection (b) of Code Section 48-7-21, relating to taxation of corporations. (19) Said title is further amended by deleting the comma following to in paragraph (1) of subsection (a) of Code Section 48-7-26, relating to definitions relative to income tax exemptions. (20) Said title is further amended by deleting either following then in paragraph (1) of subsection (a) of Code Section 48-7-27, relating to taxable net income, and by deleting subsection (m) of Code Section 92-3109 in paragraph (4) of subsection (b) and inserting in lieu thereof the following: Ga. L. 1931, Ex. Sess., p. 24, Section 11 (as amended by Ga. L. 1952, p. 405, Section 10-A; Ga. L. 1953, Jan.-Feb. Sess., p. 279, Sections 1-3; Ga. L. 1953, Nov.-Dec. Sess., p. 316, Section 1; and Ga. L. 1961, p. 565, Section 3; repealed by Ga. L. 1971, p. 605, Section 6). (21) Said title is further amended by deleting tenative and inserting in lieu thereof tentative in the third sentence of subsection (a) of Code Section 48-7-56, relating to the time and place of filing income tax returns.

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(22) Said title is further amended by deleting the semicolon and inserting in lieu thereof a comma following the word purposes in subsection (c) of Code Section 48-7-60, relating to confidentiality of tax information, and by deleting the semicolon and inserting in lieu thereof a comma following the word equipment in subsection (d) of said Code section. (23) Said title is further amended by deleting subsquent and inserting in lieu thereof subsequent in the second sentence of subsection (b) of Code Section 48-7-104, relating to quarterly adjustments for incorrect withholdings or payments of income taxes. (24) Said title is further amended by adding the word or following the semicolon at the end of division (6)(G)(viii) of Code Section 48-8-2, relating to definitions relative to state sales and use taxes. (25) Said title is further amended by deleting the comma following 48-8-36 in subsection (b) of Code Section 48-8-37, relating to violation of Code Section 48-8-36. (26) Said title is further amended by deleting of this state in Code Section 48-8-93, relating to nonimposition of the joint county and municipal sales and use tax on property ordered by and delivered to a purchaser outside the special district. (27) Said title is further amended by deleting Fiscal Division and inserting in lieu thereof fiscal division in paragraph (1) of subsection (a) of Code Section 48-9-10, relating to refunds of motor fuel taxes. (28) Said title is further amended by deleting Fiscal Division and inserting in lieu thereof fiscal division in subsection (e) of Code Section 48-9-36, relating to refunds of motor fuel taxes to motor carriers. (29) Said title is further amended by deleting respresentative and inserting in lieu thereof representative in the last sentence of Code Section 48-9-42, relating to the Secretary of State as the agent of nonresident motor carriers for service of process on notice. (30) Said title is further amended by deleting the period following the figure 375.00 at the end of division (3)(A)(ix) of Code Section

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48-10-2, relating to annual license fees for operation of vehicles; and by deleting the period at the end of paragraph (14) of said Code section and inserting in lieu thereof a semicolon. (31) Said title is further amended by adding but following Code section, in subsection (c) of Code Section 48-10-3, relating to registration and licensing of makers and dealers of motor vehicles, and by deleting the word such following the in said subsection. (32) Said title is further amended by deleting commissioner and inserting in lieu thereof commissioner in paragraph (1) of subsection (a) of Code Section 48-11-5, relating to licensing of nonresident cigar and cigarette distributors. (33) Said title is further amended by deleting Fiscal Division and inserting in lieu thereof fiscal division in subsection (b) of Code Section 48-11-9, relating to seizure as contraband of unstamped cigars and cigarettes or nontax-paid cigars. (34) Said title is further amended by deleting Fiscal Division and inserting in lieu thereof fiscal division in Code Section 48-11-15, relating to procedure for refund of taxes, cost price of affixed stamps, and tax on cigars under alternate method where cigarettes or cigars unfit for sale, use, or consumption and destroyed or exported. (35) Said title is further amended by deleting Fiscal Division and inserting in lieu thereof fiscal division in subsection (a) of Code Section 48-11-16, relating to purchase of cigar and cigarette tax stamps on account by licensed distributors. (36) Said title is further amended by deleting Fiscal Division and inserting in lieu thereof fiscal division in Code Section 48-13-31, relating to registration of nonresident contractors. (37) Said title is further amended by deleting 8311 and inserting in lieu thereof 831(1) in subsection (d) of Code Section 48-14-2, relating to payments to the state and political subdivisions by the Tennessee Valley Authority. (38) Said title is further amended by deleting Fiscal Division and inserting in lieu thereof fiscal division five times in paragraph (1) of subsection (b) of Code Section 48-14-3, relating to distribution of funds appropriated to counties for public road construction and maintenance, and once in subsection (c) of said Code section.

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Section 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) Said title is amended by adding a hyphen between old and age in Code Section 49-2-5, relating to the Department of Human Resources as an institution of the state. (2) Said title is further amended by deleting the comma following for in Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in determining eligibility for public assistance. (3) Said title is further amended by adding a hyphen between Old and Age in Code Section 49-4-30, relating to the short title of the Old-Age Assistance Act. (4) Said title is further amended by adding the before Department in Code Section 49-4-56, relating to reexamination of the eyesight of a recipient of aid to the blind. (5) Said title is further amended by adding a comma following state law in paragraph (1) of Code Section 49-4-101, relating to definitions relative to aid to families with dependent children. (6) Said title is further amended by deleting department four times in subsection (a) and once in subsection (b) and inserting in lieu thereof Department of Human Resources in Code Section 49-4-124, relating to contracting with the Department of Human Resources to obtain medical care and services and carry out medical care aspects of a certain program. (7) Said title is further amended by deleting the Code section number 47-4-128 and inserting in lieu thereof 49-4-128 and by deleting the comma following obtain in subsection (a) of the Code Section in Title 49 which was erroneously designated as Code Section 47-4-128, relating to fraud in obtaining benefits. (8) Said title is further amended by deleting youth and inserting in lieu thereof youths in Code Section 49-5-4, relating to other state departments, agencies, officers, and employees to assist the Department of Human Resources.

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(9) Said title is further amended by deleting the period and inserting in lieu thereof a semicolon at the end of paragraph (1) of subsection (a) of Code Section 49-5-7, relating to development and administration of services by state and local departments. (10) Said title is further amended by deleting youth in subparagraphs (a)(2)(A) and (a)(3)(A) and inserting in lieu thereof youths in Code Section 49-5-8, relating to powers and duties of the Department of Human Resources, and by adding a hyphen between child and placing in subparagraph (a)(7)(A) of said Code section. (11) Said title is further amended by adding a period at the end of paragraph (1) of subsection (d) of Code Section 49-5-10, relating to commitment of delinquent or unruly children to the Department of Human Resources; by deleting or her preceding care in subsection (e); by adding or at the end of paragraph (3) of subsection (f); by deleting children following place and inserting in lieu thereof him in paragraph (4) of subsection (f); and by deleting the comma following department in subsection (g) of said Code section. (12) Said title is further amended by deleting ; and if and inserting in lieu thereof and, if in subsection (c) of Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities; by deleting the commas following license and revoked; and by deleting the comma following standards in said subsection. (13) Said title is further amended by deleting the comma following Rehabilitation and inserting in lieu thereof a semicolon in Code Section 49-9-14, relating to the lien of the Division of Vocational Rehabilitation on recipient's causes of action for injuries. (14) Said title is further amended by deleting the comma following Georgia in Code Section 49-10-1, relating to legislative findings. Section 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) Said title is amended by deleting counties of and inserting in lieu thereof Counties of in Code Section 50-2-25, relating to state consent to acquisition by the United States of lands for forest and wildlife purposes, etc.

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(2) Said title is further amended by deleting Sections 50-3-5 and and inserting in lieu thereof Section 50-3-5 or in Code Section 50-3-7, relating to duty of the Governor to accept flags. (3) Said title is further amended by adding a comma following Georgia in subsection (a) of Code Section 50-3-8, relating to use of the state or Confederate flag for advertising. (4) Said title is further amended by deleting the comma following office in Code Section 50-5-5, relating to the bond of the director of the fiscal division to be recorded, filed, etc. (5) Said title is further amended by deleting 50-5-7 and inserting in lieu thereof 50-5-5 in Code Section 50-5-6, relating to renewal of the bond of the director of the fiscal division when insufficient. (6) Said title is further amended by deleting current preceding workers' in Code Section 50-5-13, relating to the Department of Administrative Service's duty to determine extent, amounts, etc., of self-insurance for workers' compensation. (7) Said title is further amended by deleting the Game and Fish Division of in subparagraph (1)(E) and Division of State Parks, Recreation, and Historic Sites of the in subparagraph (1)(F) of Code Section 50-5-31, relating to definitions relative to state space management. (8) Said title is further amended by deleting paragraph (2) and renumbering paragraph (3) as paragraph (2) in Code Section 50-5-121, relating to definitions relative to small business assistance. (9) Said title is further amended by deleting and the division in Code Section 50-5-123, relating to the advisory council to the Department of Administrative Services. (10) Said title is further amended by deleting Administrative and inserting in lieu thereof Administrative preceding Services in subsection (b) of Code Section 50-5-143, relating to transfer of surplus property to political subdivisions by negotiated sales. (11) Said title is further amended by adding a comma between and and upon in Code Section 50-5-146, relating to penalty for violation of provisions relating to disposition of state property.

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(12) Said title is further amended by adding to between respond and the and by deleting such preceding party in Code Section 50-6-31, relating to procedure for contempt of court where a summons of the state auditor is not obeyed. (13) Said title is further amended by deleting commissions and inserting in lieu thereof commission in subsection (b) of Code Section 50-8-4, relating to creation of the Board of Community Affairs. (14) Said title is further amended by adding a comma between official and transmit and by deleting the period at the end of paragraph (3) of subsection (c) of Code Section 50-8-8, relating to planning and development duties of the Department of Community Affairs, and inserting in lieu thereof ; and. (15) Said title is further amended by inserting and at the end of subparagraph (2)(B) of Code Section 50-8-35, relating to general duties of area planning and development commissions; by adding and following the semicolon at the end of paragraph (2); and by deleting and and inserting in lieu thereof a between Prepare and forecast in paragraph (3) of said Code section. (16) Said title is further amended by deleting the word mean and inserting in lieu thereof means in paragraph (2) of Code Section 50-9-2, relating to definitions relative to the Georgia Building Authority. (17) Said title is further amended by deleting the comma following money and inserting in lieu thereof is in paragraph (3) of Code Section 50-9-5, relating to general powers of the Georgia Building Authority. (18) Said title is further amended by deleting the comma following state in subsection (b) of Code Section 50-9-8, relating to rentals and charges for use of projects. (19) Said title is further amended by deleting the comma following and in subsection (b) of Code Section 50-9-9, relating to public policy against unreasonable disruptions of state employees. (20) Said title is further amended by deleting is following corporate purpose and inserting in lieu thereof are and by

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deleting is following state and and inserting in lieu thereof are in Code Section 50-9-13, relating to exemption from taxation of the Georgia Building Authority. (21) Said title is further amended by deleting mentioned in Code Section 50-9-35, relating to proceeds of revenue bonds to be used for project costs. (22) Said title is further amended by adding a comma between regular and special in Code Section 50-9-38, relating to revenue bonds and conditions precedent to issuance. (23) Said title is further amended by deleting purchase and inserting in lieu thereof purchase in paragraph (4) of Code Section 50-9-42, relating to the sinking fund for revenue bonds of the Georgia Building Authority. (24) Said title is further amended by deleting act and inserting in lieu thereof Act in Code Section 50-9-43, relating to rights and remedies of bondholders. (25) Said title is further amended by deleting Georgia Building Authority and inserting in lieu thereof authority in Code Section 50-9-46, relating to validation of bonds of the Georgia Building Authority. (26) Said title is further amended by adding , notwithstanding between state and any in Code Section 50-9-65, relating to moneys received by the Executive Center Fine Arts Committee to be placed in a special fund. (27) Said title is further amended by deleting , as amended in paragraph (6) of Code Section 50-11-1, relating to definitions relative to the state librarian. (28) Said title is further amended by adding an apostrophe following Employees in Code Section 50-11-3, relating to the power of the Attorney General to appoint the state librarian and employees. (29) Said title is further amended by deleting referred to as the Commission and inserting in lieu thereof referred to as the commission in Code Section 50-12-80, relating to creation of the Commission on the Status of Women.

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(30) Said title is further amended by deleting the comma following Services and inserting in lieu thereof or commissioner of administrative services; and by deleting the comma and inserting in lieu thereof a semicolon following beverages in paragraph (1) of Code Section 50-13-2, relating to definitions relative to administrative procedure. (31) Said title is further amended by adding and at the end of paragraph (1) of subsection (a) of Code Section 50-13-4, relating to procedural requirements for adoption, amendment, repeal, etc., of rules, and by adding assign between shall and the in subsection (e) of said Code section. (32) Said title is further amended by deleting Office and inserting in lieu thereof office in paragraph (2) of subsection (c) of Code Section 50-13-6, relating to rules not becoming effective until they are filed with the Secretary of State. (33) Said title is further amended by deleting the comma following proceedings in subparagraph (a)(8)(B) of Code Section 50-13-13, relating to procedure for contested cases. (34) Said title is further amended by adding a comma between licensee and of in subsection (c) of Code Section 50-13-18, relating to grant, denial, renewal, revocation, etc., of licenses. (35) Said title is further amended by deleting nor following law and inserting in lieu thereof a comma and by deleting the comma and inserting in lieu thereof a semicolon following rights in Code Section 50-13-22, relating to construction of Chapter 13 of Title 50. (36) Said title is further amended by deleting shall refuse and inserting in lieu thereof refuses in Code Section 50-16-16, relating to penalty for refusal to obey security personnel. (37) Said title is further amended by deleting the semicolon and adding a period in lieu thereof at the end of paragraph (11) of Code Section 50-16-31, relating to definitions relative to state properties. (38) Said title is further amended by deleting the following each in division (12)(C)(i) of Code Section 50-16-34, relating to duties and powers of the State Properties Commission; by deleting

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aforesaid in divisions (12)(C)(iii) and (12)(C)(iv) of said Code section; and by adding that between provide and the in paragraph (15) of said Code section. (39) Said title is further amended by adding 2 following Article in subsection (h) of Code Section 50-16-43, relating to execution of contracts to explore state lands for mineral resources without competitive bidding, and by adding a comma following state and deleting Georgia, in subsection (j) of said Code section. (40) Said title is further amended by deleting suit following action and by adding on between carry and the in Code Section 50-16-62, relating to actions for recovery of state debts. (41) Said title is further amended by deleting the comma between state and to and inserting in lieu thereof or in subsection (b) of Code Section 50-16-80, relating to sale or disposition of state livestock or swine; by adding a comma following Bulletin in said subsection; and by deleting the comma following section in subsection (e) of said Code section. (42) Said title is further amended by deleting agency or and inserting in lieu thereof agency, in subsection (a) of Code Section 50-16-81, relating to contracts by the state or subdivision for purchase, lease, etc., of United States equipment, supplies, etc. (43) Said title is further amended by deleting the comma following provided in Code Section 50-16-103, relating to the authority of landowners to build stock gaps. (44) Said title is further amended by deleting the comma following Section 1 and inserting in lieu thereof ; Ga. L. 1939, p. 188, Section 1;; by deleting the comma following p. 258, Section 1 and inserting in lieu thereof ; and; and by deleting , and Ga. L. 1957, p. 592, Section 1 in paragraph (1) of subsection (a) of Code Section 50-16-122, relating to requirements for real property acquired or disposed of by the state. (45) Said title is further amended by deleting the comma following court in Code Section 50-16-145, relating to actions against public officers for violations of provisions concerning the annual inventory of public property.

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(46) Said title is further amended by deleting 1 through and inserting in lieu thereof 3 and in paragraph (1) of subsection (j) in Code Section 50-17-22, relating to the State Financing and Investment Commission. (47) Said title is further amended by adding the preceding Fiscal in the last sentence in paragraph (2) of subsection (b) of Code Section 50-17-23, relating to general obligation and guaranteed revenue debts. (48) Said title is further amended by deleting resolution and inserting in lieu thereof resolutions in subsection (c) of Code Section 50-17-25, relating to issuance of debt, procedure, claims, etc., and by deleting suits, in paragraph (1) of subsection (f) of said Code section. (49) Said title is further amended by deleting the comma following 45-15-16 in subsection (h) of Code Section 50-17-26, relating to registration, cancellation, etc., of evidences of indebtedness. (50) Said title is further amended by deleting or between state and may in the last sentence of subsection (c) of Code Section 50-17-29, relating to miscellaneous pledges, authorizations, and exemptions. (51) Said title is further amended by deleting now preceding required in paragraph (3) of Code Section 50-17-53, relating to authority of the State Depository Board to determine the amount to be deposited. (52) Said title is further amended by adding and at the end of paragraph (3) of Code Section 50-18-31, relating to procedure for distribution of reports, and by deleting Executive Department, State and inserting in lieu thereof Executive Department in paragraph (4) of said Code section. (53) Said title is further amended by deleting department and inserting in lieu thereof departments in Code Section 50-19-6, relating to the authority of various state departments, agencies, etc., to purchase automobiles. (54) Said title is further amended by deleting Chapter 2 of Title 8 and inserting in lieu thereof Chapter 8 of Title 2 in paragraph (2)

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of Code Section 50-20-2, relating to definitions relative to state agency relations with nonprofit contractors. Section 51. Reserved. Section 52. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended as follows: (1) Said title is amended by adding to between and and fix in paragraph (4) of Code Section 52-2-9, relating to powers of the Georgia Ports Authority, and by deleting 5-2-2 and inserting in lieu thereof 52-2-2 in paragraph (6) of said Code section. (2) Said title is further amended by adding , the `Georgia Peace Officer Standards and Training Act,' after Title 35 in subsection (f) of Code Section 52-2-10, relating to applicability of traffic laws to roads within the Georgia Ports Authority's jurisdiction. (3) Said title is further amended by deleting the comma and inserting in lieu thereof the following authorizing in paragraph (1) of Code Section 52-2-11, relating to power of the Georgia Ports Authority to borrow money, to execute evidences of indebtedness, and to secure such indebtedness. (4) Said title is further amended by deleting , and following Georgia in Code Section 52-2-14, relating to conveyance of Medical Depot site to the Georgia Ports Authority; by deleting improvement and inserting in lieu thereof improvement; by deleting operation following warehouse and inserting in lieu thereof operations; and by adding that any between provided and moneys in said Code section. (5) Said title is further amended by deleting perons and inserting in lieu thereof persons in paragraph (6) of subsection (a) of Code Section 52-2-29, relating to status of bonds as legal investments and as securities for deposits. (6) Said title is further amended by deleting the comma following vote in Code Section 52-5-6, relating to calling of a stockholders' meeting of a navigation company for purposes of organization of the company.

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(7) Said title is further amended by deleting sue and inserting in lieu thereof bring an action in Code Section 52-6-6, relating to right of boards of pilotage commissioners to bring an action to recover forfeitures. (8) Said title is further amended by deleting commissioner and inserting in lieu thereof commissioners in Code Section 52-6-41, relating to taking of interrogatories and depositions from nonresidents and seamen. (9) Said title is further amended by deleting same and inserting in lieu thereof application in subsection (a) of Code Section 52-7-5, relating to numbering of vessels; by deleting numbers and inserting in lieu thereof number in paragraph (1) of subsection (d) of said Code section; and by deleting certificate in the last sentence and inserting in lieu thereof certificates in subsection (h) of said Code section. (10) Said title is further amended by deleting and and inserting in lieu thereof or at the end of paragraph (9) of Code Section 52-7-6, relating to exemptions from vessel numbering requirements. (11) Said title is further amended by adding a hyphen between fire and extinguishing in paragraph (1) of subsection (e) of Code Section 52-7-8, relating to classification of vessels and required equipment. (12) Said title is further amended by deleting the comma following devices in subsection (b) of Code Section 52-7-16, relating to towing persons on water skis, aquaplanes, surfboards, etc. (13) Said title is further amended by deleting thereto and inserting in lieu thereof to this Code section in paragraph (1) of subsection (b) of Code Section 52-7-19, relating to regattas, boat races, marine parades, tournaments, and exhibitions; by deleting thereunder and inserting in lieu thereof under this Code section in said paragraph; by deleting thereto and inserting in lieu thereof to this Code Section in paragraph (2); by deleting thereunder and inserting in lieu thereof under this Code section in paragraph (2); by deleting thereto and inserting in lieu thereof to this Code section in paragraph (4); by deleting thereunder and inserting in lieu thereof under this Code section in paragraph (4) of said Code section; by deleting thereto and inserting in lieu thereof to this

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Code section in paragraph (5); and by deleting thereunder and inserting in lieu thereof under this Code section in paragraph (5) of said Code section. (14) Said title is further amended by adding a hyphen between above and mentioned and by deleting expressed and inserting in lieu thereof express in subsection (c) of Code Section 52-7-20, relating to operation of vessels in the vicinity of regulatory markers and aids to navigation. (15) Said title is further amended by adding a period at the end of Code Section 52-8-4, relating to power of municipalities to prohibit throwing or depositing of substances which might lessen the depth of navigable waters. Section 53. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended as follows: (1) Said title is amended by deleting paragraph and inserting in lieu thereof paragraphs in paragraph (7) of Code Section 53-4-2, relating to rules of inheritance. (2) Said title is further amended by deleting this and inserting in lieu thereof his in subsection (a) of Code Section 53-4-50, relating to the definition of advancements. (3) Said title is further amended by deleting 53-7-148 and inserting in lieu thereof 53-7-38 in Code Section 53-6-98, relating to revocation of letters of administration, requirement of additional bond, etc., for cause. (4) Said title is further amended by adding a semicolon following state in the last sentence of Code Section 53-6-124, relating to conveyance of property by a foreign executor or administrator. (5) Said title is further amended by adding a comma between fiduciary and as in subsection (a) of Code Section 53-7-184, relating to intermediate final reports. (6) Said title is further amended by deleting forwith and inserting in lieu thereof forthwith in subsection (a) of Code Section 53-12-52, relating to filing of a deed creating a trust estate in the superior court.

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(7) Said title is further amended by deleting Code Sections 14-2-350 and 14-2-351 and from Code Section 53-12-57, relating to initial and annual returns of trusts. (8) Said title is further amended by deleting the comma following Code section in subsection (a) of Code Section 53-12-129, relating to election by trustees of a private foundation or charitable trust to distribute such trust principal as will enable the trust to avoid tax liability. (9) Said title is further amended by deleting , whether held or in existence on February 10, 1953, or later held or coming into existence in paragraph (1) and who is acting in such capacity on February 10, 1953, or who may become executor, guardian, administrator, or trustee thereafter in paragraph (2) of Code Section 53-13-65, relating to lease of real property beyond termination of a trust. (10) Said title is further amended by deleting ; provided, that and inserting in lieu thereof , provided that in paragraph (10) of subsection (a) of Code Section 53-15-3, relating to fiduciary powers which may be incorporated by reference. Section 54. This Act shall become effective on November 1, 1982. Section 55. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1982.

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SUPPLEMENTARY APPROPRIATIONS ACT. No. 831 (House Bill No. 1142). AN ACT To provide supplementary appropriations for the fiscal year ending June 30, 1982, 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: That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1981, and ending June 30, 1982, 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. Department of Administrative Services. Budget Unit: Department of Administrative Services $ 450,000 Fiscal and Self-Insurance Administration Budget: Unemployment Compensation Reserve $ 450,000 Section 2. Department of Labor. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training $ 600,000

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Section 3. Department of Medical Assistance. Budget Unit: Medicaid Services $ 4,250,000 Benefits Payment Budget: Medicaid Benefits $ 12,500,000 Total Funds Budgeted $ 12,500,000 State Funds Budgeted $ 4,250,000 Provided, the State funds appropriated in this section shall only be used to match Federal funds for making benefit payments. Section 4. Department of Offender Rehabilitation. Budget Unit: Department of Offender Rehabilitation $ 3,000,000 TOTAL SUPPLEMENTARY APPROPRIATION STATE FISCAL YEAR 1981-1982 $ 8,300,000 Section 5. 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 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1982. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. Code Section 40-3-2 Amended. No. 832 (House Bill No. 1145). AN ACT To amend an Act known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, particularly by an Act approved April 7, 1981 (Ga. L. 1981, p. 644), so as to change the definition of a term; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, particularly by an Act approved April 7, 1981 (Ga. L. 1981, p. 644), is amended by striking paragraph 2 of subsection (p) of Section 2 of said Act in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Has been acquired by an insurance company as the result of the vehicle being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts or for which the insurance company has paid a total loss claim; or.

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Part 2 Section 2. Code Section 40-3-2 of the Official Code of Georgia Annotated, relating to definitions used in the provisions relating to certificates of title, security interests, and liens, is amended by striking subparagraph (B) of paragraph (12) of said Code section in its entirety and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) Has been acquired by an insurance company as the result of the vehicle being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts or for which the insurance company has paid a total loss claim; or. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved February 16, 1982.

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LAND CONVEYANCE TO MILLER COUNTY. No. 85 (House Resolution No. 536). A RESOLUTION Authorizing the conveyance of an interest in certain real property located in Miller County, Georgia; and for other purposes. WHEREAS, pursuant to a resolution enacted by the General Assembly authorizing the conveyance of certain real property located in Miller County, Georgia, approved March 23, 1977 (Ga. L. 1977, p. 3516), the State Properties Commission, acting for and on behalf of the State of Georgia, conveyed such real property to Miller County under certain terms and conditions; and WHEREAS, said tract or parcel of land is more fully described as follows: All that tract or parcel of land, together with the right of ingress thereto and egress therefrom, lying and being in Land Lot 192 of the 13th Land District of Miller County, Georgia, and being more particularly described as follows: From the intersection of the west right-of-way line of West Street with the north right-of-way line of U. S. Highway 27, run in a westerly direction along the north right-of-way of said Highway along a 2 degree curve to the left with a chord bearing south 84 degrees 53 minutes west 339 feet; thence continuing along the north right-of-way of said Highway south 81 degrees 30 minutes west 254 feet to the Point of Beginning. From said point of beginning continue south 81 degrees 30 minutes West 257 feet to an iron pin; thence north 06 degrees 32 minutes west 508.48 feet to an iron pin; thence south 06 degrees 32 minutes east 508.48 feet to the point of beginning; as shown on a plat of survey prepared by Earl Thursby, Georgia Registered Land Surveyor No. 1732, dated November 25, 1971. The property conveyed contains 2.998 acres.; and WHEREAS, said property was conveyed under the condition that said property to revert back to the state should it cease to be used for agricultural, promotional or related activities; and

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WHEREAS, the reversionary interest is no longer beneficial to the state with respect to a specific parcel of the property because such parcel is no longer needed for governmental purposes by the county or the state; but said parcel is desired for industrial use which would benefit Miller County and the state; and WHEREAS, said real property is all that tract or parcel of land, together with the right of ingress thereto and egress therefrom, lying and being in Land Lot 192 of the 13th Land District of Miller County, Georgia, and being more particularly as follows: From the intersection of the west right-of-way line of West Street with the north right-of-way line of U. S. Highway 27, run in a westerly direction along the north right-of-way of said Highway a distance of 780 feet to the Point of Beginning. From said point of beginning continue south 81 degrees 30 minutes West 70 feet to an iron pin; thence north 06 degrees 32 minutes west 210 feet to an iron pin; thence north 81 degrees 30 minutes east 70 feet to an iron pin; thence south 06 degrees 32 minutes east 210 feet to the point of beginning; as shown on a plat of survey prepared by Earl Thursby, Georgia Registered Land Surveyor No. 1732, dated December 19, 1981. The property to be conveyed contains.34 of one acre. 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 authorized and empowered to convey by appropriate instrument its reversionary interest in the above described parcel of property comprising approximately.34 of an acre. Approved February 18, 1982.

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CORPORATIONS VOTING OF SHARES, ETC. Code Sections 22-608; 14-2-117 Amended. No. 836 (Senate Bill No. 591). AN ACT To amend Code Section 22-608, relating to voting of shares, as amended, so as to provide for the voting of shares of a corporation held by a subsidiary of such corporation in a fiduciary capacity; to amend Code Section 14-2-117 of the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 22-608, relating to voting of shares, as amended, is amended by striking subsection (c) of said Code section in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Except as otherwise provided in this subsection, neither treasury shares nor shares of a corporation held by a subsidiary of such corporation shall be voted at any meeting or counted in determining the total number of outstanding shares at any given time; provided, however, that shares of a corporation held in a fiduciary capacity by a subsidiary of such corporation which is a state or national bank or trust company or other entity authorized under state or federal law to exercise trust powers may be voted at any such meeting and counted in determining the number of shares outstanding. Part 2 Section 2. Code Section 14-2-117 of the Official Code of Georgia Annotated, relating to voting of shares, is amended by striking subsection (c) of said Code section in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

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(c) Except as otherwise provided in this subsection, neither treasury shares nor shares of a corporation held by a subsidiary of such corporation shall be voted at any meeting or counted in determining the total number of outstanding shares at any given time; provided, however, that shares of a corporation held in a fiduciary capacity by a subsidiary of such corporation which is a state or national bank or trust company or other entity authorized under state or federal law to exercise trust powers may be voted at any such meeting and counted in determing the number of shares outstanding. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved February 19, 1982.

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GEORGIA DEPARTMENT OF ADMINISTRATIVE SERVICES SUPPLEMENTARY APPROPRIATIONS ACT APPROVED SEPTEMBER 10, 1981 REPEALED. No. 843 (House Bill No. 1365). AN ACT To repeal an Act providing an appropriation to the Georgia Department of Administrative Services for the Fiscal Year 1982, approved September 8, 1981 (Ga. L. 1981, Ex. Sess., p. 10); to provide for the disposition of state funds withdrawn from the state treasury; to provide 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 supplementary appropriation for the Georgia Department of Administrative Services for the fiscal year ending June 30, 1982, approved September 8, 1981 (Ga. L. 1981, Ex. Sess., p. 10), is repealed. Section 2. All monies drawn from the state treasury by authority of said Act shall be remitted to the state treasury no later than 72 hours after this Act becomes effective. 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 repealed. Approved February 26, 1982. MOUNTAIN JUDICIAL CIRCUIT COMPENSATION OF INVESTIGATOR. No. 844 (House Bill No. 1097). AN ACT To amend an Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, approved April 17, 1973

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(Ga. Laws 1973, p. 837), so as to change the compensation of the investigator; to provide an effective date; to repeal conflicing laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for an investigator for the District Attorney of the Mountain Judicial Circuit, approved April 17, 1973 (Ga. Laws 1973, p. 837), is amended by striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The District Attorney of the Mountain Judicial Circuit is hereby authorized to employ an investigator for the Mountain Judicial Circuit. The District Attorney shall fix the compensation to be received by said investigator at a figure not to exceed $15,000.00 per annum. It shall be within the full power and authority of said District Attorney during his term of office to designate and name the person who shall be employed as the investigator and to prescribe his duties and assignments and to remove or replace such investigator at will and within his sole discretion. Said investigator shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer and perform the same duties as may be performed by a sheriff. In addition to his salary as herein provided, the investigator shall receive the same mileage allowance for the use of his private motor vehicle in the performance of his official duties as the mileage allowance received by the District Attorney. He shall receive such additional expenses as may be authorized by the District Attorney. 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 repealed. Notice of Intent to Introduce Local Legislation Notice is hereby given that an amendment to local act 430, creating an official for the District Attorney known as an investigator,

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will be introduced in the 1981 regular session of the General Assembly to set salary maximum. /s/ V. D. Stockton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Dover who, on oath, deposes and says that he/she is Representative from the 11th 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 26, March 5, 12, 1981. /s/ Bill Dover Representative, 11th District Sworn to and subscribed before me, this 12th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intent to Introduce Local Legislation Notice is hereby given that an amendment to local act 430, creating an official for the District Attorney known as an investigator, will be introduced in the 1981 regular session of the General Assembly to set salary maximum.

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Jack Irvin, by V. D. Stockton, District Attorney Publisher's Affidavit State of Georgia County of Habersham Before me, the undersigned, Notary Public, this day personally came Amilee C. Graves, who, being first duly sworn, according to law, says that she is the publisher of the Tri-County Advertiser official newspaper published at Clarkesville, in said county and State, and that the publication, of which the annexed is a true copy was published in said paper on the 5, 12, 19 days of March, 1981. As provided by law. /s/ Amilee C. Graves Subscribed and sworn before me, this 8 day of March, 1981. /s/ Ann L. Vandiver Notary Public (Seal). Notice of Intent to Introduce Local Legislation Notice is hereby given that an amendment to local act 430, creating an official for the District Attorney known as an investigator, will be introduced in the 1981 regular session of the General Assembly to set salary maximum.

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Jack Irvin, by V. D. Stockton, District Attorney Affidavit of Publication State of Georgia Rabun County Personally appeared before the undersigned officer duly authorized under the laws of Georgia to administer oaths, James Wallace, who on oath deposes and says that he is the publisher of The Clayton Tribune, a newspaper published in Clayton, Georgia, of general circulation, and that the attached advertisement has been published in The Clayton Tribune once a week for 3 weeks in the regular issues of 2/26, 3/5, 3/12, 1981. /s/ James Wallace Sworn to and subscribed before me, this 11th day of March, 1981. /s/ Joyce N. Lovell Notary Public Rabun County, Georgia My Commission Expires January 12, 1985. (Seal). Notice of Intent to Introduce Local Legislation Notice is hereby given that an amendment to local act 430, creating an official for the District Attorney known as an investigator, will be introduced in the 1981 regular session of the General Assembly to set salary maximum.

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Jack Irvin, by V. D. Stockton, District Attorney March 9, 1981 Charles A. Hamilton, Publisher of The Toccoa Record, a weekly newspaper with general circulation in the County of Stephens, State of Georgia, does hereby certify that the following advertisement was published in The Toccoa Record on February 26, 1981, March 5, 1981 and is scheduled to appear again on March 12, 1981, as it herein appears. /s/ Charles A. Hamilton The foregoing appeared before me this day and duly affixed his signature. /s/ Nancy W. Smith Notary Public (Seal). Notice of Intent to Introduce Local Legislation Notice is hereby given that an amendment to local act 430, creating an official for the District Attorney known as an investigator, will be introduced in the 1981 regular session of the General Assembly to set salary maximum. /s/ V. D. Stockton

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Dover who, on oath, deposes and says that he/she is Representative from the 11th 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 26, March 5, 12, 1981. /s/ Bill Dover Representative, 11th District Sworn to and subscribed before me, this 12th day of March, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved February 26, 1982.

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MOTOR VEHICLES EQUIPMENT AND INSPECTIONS. Code Title 68E Amended; Code Chapter 40-8 Amended. No. 845 (House Bill No. 1156). AN ACT To amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 5, 1972 (Ga. L. 1972, p. 989), so as to delete a provision relating to certain equipment being added to equipment inspected under annual motor vehicle inspections; to amend an Act known as the Georgia Motor Vehicle Emission Inspection and Maintenance Act, approved April 16, 1979 (Ga. L. 1979, p. 1213), as amended, so as to delete provisions relating to the consolidation of applications for certificates of authorization for motor vehicle inspection stations and to specify the conditions under which said Act shall be repealed; to amend Code Title 68E, known as the Georgia Motor Vehicle Safety Inspection Act, as amended, by striking all the provisions of said Code Title in their entirety and inserting in lieu thereof a new Code Title 68E, relating to equipment requirements for motor vehicles, penalties for violations of said equipment requirements, and the annual inspection of school buses; to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, so as to provide therein for the same changes mentioned above; to provide for the reimbursement of the purchase price of unused motor vehicle safety inspection stickers; to provide for legislative intent; 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: Part 1 Section 1. An Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved April 5, 1972 (Ga. L. 1972, p. 989), is amended by striking subsection (f) of Section 117A which reads as follows:

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(f) Any such device as described in subsection (a) of this section shall be added to the list of equipment subject to inspection and shall be made a part of annual inspection of motor vehicles required by Article XVI of this Act. Before a valid motor vehicle inspection sticker can be placed on a vehicle, any such device must be repaired, replaced or corrected so it will be in the original design of the manufacturer., in its entirety. Section 2. An Act known as the Georgia Motor Vehicle Emission Inspection and Maintenance Act, approved April 16, 1979 (Ga. L. 1979, p. 1213), as amended, is amended by striking subsection (3) of Section 10 which reads as follows: (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., in its entirety. Section 3. Said Act known as the Georgia Motor Vehicle Emission Inspection and Maintenance Act is further amended by adding a new section between Section 14 and Section 15, to be designated Section 14A, to read as follows: Section 14A. Conditional repealer. This Act shall remain of force and effect only so long as the Federal Clean Air Act (42 U.S.C. 1857, et seq., as amended) shall require that the State of Georgia maintain and enforce the inspection plan and program provided for in this part in order to reduce the ambient air levels of photochemical oxidents or carbon monoxide which exceed the levels specified by the National Ambient Air Quality Standards for such pollutants specified by the United States Environmental Protection Agency pursuant to

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said Act. Upon the effective date of an amendment to the Federal Clean Air Act which shall allow the State of Georgia to discontinue the maintenance and enforcement of the inspection plan and program provided for in this part without the imposition of sanctions against the State of Georgia such as the loss of federal funds for sewage treatment plants, transportation projects, and air quality improvement projects, this Act shall be repealed. Section 4. Code Title 68E, known as the Georgia Motor Vehicle Safety Inspection Act is amended by striking said Code Title in its entirety and inserting in lieu thereof a new Code Title 68E to read as follows: Title 68E Equipment of Motor Vehicles Chapter 68E-1. Equipment generally 68E-101. (a) Notwithstanding any provision of law to the contrary, all motor vehicles shall be equipped in accordance with the provisions of this title. (b) This title shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors, except when expressly made applicable. This title shall not apply to motorized carts. (c) Nothing in this title shall be construed to prohibit the use of additional parts and accessories on any vehicle, which use is not inconsistent with the provisions of this title. 68E-102. In addition to the requirements of this title, the Public Service Commission, as to the motor vehicles within its jurisdiction, shall have the authority to promulgate rules designed to promote safety. Any such rules promulgated or deemed necessary by such commission shall include the following: every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights, brakes, and equipment shall meet such safety requirements as the commission shall promulgate from time to time. 68E-103. No vehicle or load, any portion of which drags or slides on the surface of the roadway, shall be used or transported on the highways. No vehicle shall be used or transported on the highways the wheels of which, while being used or transported, either from construction or otherwise, cause pounding on the road surface.

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68E-104. (a) It shall be unlawful for any person to operate upon the public roads of this state any slow-moving vehicle or equipment, any animal-drawn vehicle, or any machinery designed for use and generally operated at speeds less than 25 miles per hour, including all road construction or maintenance equipment and machinery except when engaged in actual construction or maintenance procedures and all other construction equipment and machinery, unless there is displayed on the rear thereof an emblem which shall comply with subsection (b) of this Code section. (b) The emblem required by subsection (a) of this Code section shall conform with those standards and specifications adopted for slow-moving vehicles by the American Society of Agricultural Engineers in December, 1966, and contained within such society's standard ASAE S276.1, or shall be an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retroreflective red orange paint. Such emblem shall be mounted on the rear of such vehicles, in the approximate horizontal geometric center of the vehicle, at a height of three to five feet above the roadway, and shall be maintained at all times in a clean and reflective condition. (c) Any person violating this Code section shall be guilty of a misdemeanor. (d) Nothing in this Code section shall apply to any self-propelled, two-wheeled vehicle. 68E-105. (a) It shall be unlawful for any person knowingly to tamper with, adjust, alter, change, set back, disconnect, or fail to connect an odometer of a motor vehicle, or to cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the motor vehicle has actually been driven, except as provided in this Code section. (b) It shall be unlawful for any person knowingly to bring into this state a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a) of this Code section. (c) It shall be unlawful for any person knowingly to sell or attempt to sell a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a) of this Code section.

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(d) Subsections (a), (b), and (c) of this Code section shall not apply to the disconnection of the odometer used for registering the mileage or use of new motor vehicles being tested by the manufacturer prior to delivery to a franchised dealer. (e) It shall be unlawful for any person to advertise for sale, to sell, to use, to install, or to have installed any device which causes an odometer to register any mileage other than the actual mileage driven. For the purposes of this subsection, the actual mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance. (f) It shall be unlawful for any person to conspire with any other person to violate this Code section. (g) (1) In addition to any other penalty provided by law, any person who, with intent to defraud, violates this Code section shall be liable in an amount equal to the sum of: (A) Three times the amount of actual damages sustained or $1,500.00, whichever is greater; and (B) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with reasonable attorney's fees, as determined by the court. (2) Any action to enforce any liability created under this subsection may be brought in any superior court or state court having proper jurisdiction, within two years from the date on which the liability arises. (h) (1) If any person violates any provision of this Code section, the Attorney General, any district attorney in this state or any solicitor in this state may bring an action in any superior court or state court having jurisdiction to restrain such violation. (2) Any action arising under paragraph (1) of this subsection may be brought within two years from the date of the violation. (i) Any person violating this Code section shall be guilty of a misdemeanor.

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68E-106. (a) It shall be unlawful to alter the suspension system of any private passenger motor vehicle which may be operated on any public street or highway more than two inches above or below the factory recommendation for any such vehicle. (b) It shall be unlawful to operate any private passenger motor vehicle upon any highway, roadway, or street if the suspension system of such vehicle has been altered more than two inches above or below the factory recommendation for such vehicle. (c) It shall be unlawful to operate any motor vehicle upon any highway, roadway, or street if the springs relative to the suspension system are broken. (d) Any person violating this Code section shall be guilty of a misdemeanor. 68E-107. (a) No person shall drive or move on any highway any motor vehicle, trailer, semitrailer, or pole trailer, or any combination thereof, unless the equipment upon any and every such vehicle is in good working order and adjustment as required in this title and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway. (b) It is a misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved on any street or highway, any vehicle or combination of vehicles: (1) Which is in such unsafe condition as to endanger any person; (2) Which does not contain those parts or is not at all times equipped with such lights and other equipment in proper condition and adjustment as required in this title; or (3) Which is equipped in any manner in violation of this title. (c) It is also a misdemeanor for any person to do any act forbidden or fail to perform any act required under this title. (d) Any vehicle suspected of being operated in violation of this title may be the subject of an inspection conducted by any law

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enforcement officer who has reason to believe such violation is occurring, without the necessity of obtaining a warrant to permit such inspection. 68E-108. Every motor vehicle operated upon a public street or highway shall be equipped with a speedometer in good working order. Chapter 68E-2. Lighting Equipment 68E-201. Every vehicle upon a highway within this state at any time from a half hour after sunset to a half hour before sunrise and at any time when it is raining in the driving zone and at any other time when there is not sufficient visibility to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead shall display lights, including headlights, and illuminating devices as required in this part for different classes of vehicles, subject to exceptions with respect to parked vehicles as stated in this chapter. 68E-202. (a) Whenever this title declares the required distance from which certain lights and devices shall render objects visible or within which such lights or devices shall be visible, such provisions shall apply during the times stated in Code Section 68E-201 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated. (b) Whenever this title declares the required mounted height of lights or devices, it shall mean the distance from the center of such light or device to the level ground upon which the vehicle stands when such vehicle is without a load. 68E-203. (a) Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two but not more than four headlights, with at least one on each side of the front of the motor vehicle, which headlights shall comply with the requirements and limitations set forth in this title. (b) Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two headlights, which shall comply with the requirements and limitations of this title. (c) Every headlight upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height

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measured from the center of the headlight of not more than 54 inches nor less than 24 inches, to be measured as set forth in subsection (b) of Code Section 68E-202. (d) The headlights required by this Code section shall be maintained in proper working condition. (e) It shall be unlawful to operate a motor vehicle unless such motor vehicle is equipped with aiming pads on each headlight. 68E-204. (a) Every motor vehicle, trailer, semitrailer, and pole trailer manufactured prior to January 1, 1954, shall be equipped with at least one tail light mounted on the reasr, which when lighted as required in this title shall emit a red light plainly visible from a distance of 500 feet to the rear. (b) Every motor vehicle, trailer, semitrailer, and pole trailer manufactured after January 1, 1954, shall be equipped with two tail lights which meet the specifications provided in this Code section. (c) Every tail light upon every vehicle shall be located at a height of not more than 60 inches nor less than 20 inches, to be measured as set forth in subsection (b) of Code Section 68E-202. (d) Either a tail light or a separate light shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail light or tail lights, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lights or auxiliaryi driving lights are lighted. (e) All lenses on tail lights shall be maintained in good repair and shall meet manufacturers' specifications. 68E-205. (a) Every motor vehicle manufactured after March 12, 1954, and operated upon a highway, other than a truck tractor, motorcycle, or motor-driven cycle, shall carry on the rear, either as a part of the tail lights or separately, two red reflectors, and every motorcycle and every motor-driven cycle shall carry on the rear at least one red reflector, meeting the requirements of this Code section.

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(b) Every such reflector shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set forth in subsection (b) of Code Section 68E-202 and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 300 feet to 50 feet from the rear of such vehicle except that visibility from the greater distance is hereinafter required of reflectors on certain types of vehicles. 68E-206. (a) It shall be unlawful for any person to sell any motor vehicle manufactured after January 1, 1954, including any motorcycle or motor-driven cycle manufactured after January 1, 1954, in this state or for any person to drive such vehicle on the highways unless it is equipped with at least one brake light meeting the requirements of Code Section 68E-207. (b) If a motor vehicle is manufactured with two brake lights, both must be operational. (c) No person shall sell or offer for sale or operate on the highways any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after January 1, 1954, unless it is equipped with mechanical or electrical turn signals meeting the requirements of Code Section 68E-207. This subsection shall not apply to any motorcycle or motor-driven cycle manufactured prior to January 1, 1972. 68E-207. (a) Any motor vehicle may be equipped and when required under this title shall be equipped with the following signal lights or devices: (1) A brake light on the rear which shall emit a red light and which shall be actuated upon application of the service (foot) brake and which may but need not be incorporated with a tail light; and (2) A light or lights or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible from both the front and the rear. (b) Every brake light shall be plainly visible and understandable from a distance of 300 feet to the rear both during normal sunlight and at nighttime, and every signal light or lights indicating intention to turn shall be visible and understandable during daytime and

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nighttime from a distance of 300 feet from both the front and the rear. When a vehicle is equipped with a brake light or other signal lights, such light or lights shall at all times be maintained in good working condition. No brake light or signal light shall project a glaring or dazzling light. (c) All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Code Section 68E-201. (d) All lenses on brake lights and signal devices shall be maintained in good repair and shall meet manufacturers' specifications. 68E-208. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in Code Section 68E-201, a red light plainly visible from a distance of at least 500 feet to the sides and rear. The red light required under this Code section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. 68E-209. (a) When a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise, and there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway, no lights need be displayed upon such parked vehicle. (b) When a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lights meeting the following requirements: at least one light shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and the same light or at least one other light shall display a red light visible from a distance of 500 feet to the rear of the vehicle; and the location of such light or lights shall always be such that at least one light or combination of lights meeting the requirements of this Code section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. This subsection shall not apply to a motor-driven cycle.

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(c) If a vehicle is manufactured with two lights meeting the requirements of subsection (b) of this Code section, both such lights shall be maintained in good working order. (d) Any lighted headlights upon a parked vehicle shall be depressed or dimmed. 68E-210. (a) Any motor vehicle may be equipped with not to exceed one spotlight, and every lighted spotlight shall not be aimed and used upon any approaching vehicle. It shall be unlawful for any person except law enforcement officers and persons licensed by the Georgia Board of Private Detectives and Security Agencies to operate a spotlight from any moving vehicle on any highway or public roadway. (b) Any motor vehicle may be equipped with not to exceed two foglights mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of four inches below the level of the center of the light from which it comes. (c) Any motor vehicle may be equipped with not to exceed one auxiliary passing light mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands, and every such auxiliary passing light shall meet the requirements and limitations set forth in this title. (d) Any motor vehicle may be equipped with not to exceed one auxiliary driving light mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands, and every such auxiliary driving light shall meet the requirements and limitations set forth in this title. 68E-211. Except as hereinafter provided in this chapter, the headlights or the auxiliary driving light or the auxiliary passing light or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and such lights may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:

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(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading; (2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver; (3) Every new motor vehicle other than a motorcycle or a motor-driven cycle registered in this state which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlights is in use, and shall not otherwise be lighted. Such indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. 68E-212. Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Code Section 68E-201, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: (1) Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in paragraph (2) of Code Section 68E-211 shall be deemed to avoid glare at all times, regardless of road contour and loading; (2) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in paragraph (1) of Code Section 68E-211.

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68E-213. Any automobile operated by a rural mail carrier for the purpose of delivering mail shall be authorized to display two amber-colored lights so as to warn approaching travelers to decrease their speed because of the danger of colliding with such mail carrier as he stops and starts along the edge of the highway. Such amber lights should be visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle. 68E-214. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Code Section 68E-201 display a red taillight and either multiple-beam or single-beam road lighting equipment meeting the requirements of Code Sections 68E-243 and 68E-211, respectively. 68E-215. The color in all lighting equipment covered in this title shall be in accordance with Society of Automotive Engineers (SAE) Standard J578, April, 1965, as thereafter revised or amended. Chapter 68E-3. Brakes 68E-301. (a) Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels. (b) Every motorcycle and motor-driven cycle manufactured after January 1, 1974, when operated upon a highway, shall be equipped with at least two brakes which may be operated by hand or foot. (c) Every trailer or semitrailer of 2,500 pounds gross weight or more shall be equipped with brakes on all wheels. Any farm trailer with two or more wheels, pulled from a tongue, used in or operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided such farm trailer shall not weigh over 4,000 pounds when empty.

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68E-302. (a) One of the means of brake operation shall consist of a mechanical connection from the operating lever to the brake shoes or bands, and this brake shall be capable of holding the vehicle or combination of vehicles stationary under any condition of loading on any upgrade or downgrade upon which it is operated. (b) The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation. 68E-303. Every 1966 model motor vehicle and all subsequent model motor vehicles shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes. 68E-304. Every motor vehicle or combination of motor-drawn vehicles shall be capable of all times and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake within the distances specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances.

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Feet to Stop From 20 Miles Deceleration in Feet Per Hour Per Second Vehicles or combinations of vehicles having brakes on all wheels 30 14 Vehicles or combinations of vehicles not having brakes on all wheels 40 10.7 68E-305. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. Chapter 68E-4. Horns, Mufflers, Mirrors, and Tires 68E-401. (a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall, when it is reasonably necessary to ensure safe operation, give audible warning with his horn, but shall not otherwise use such horn when upon a highway. (b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell except as otherwise permitted in this Code section and Section 116 of an Act known as the `Uniform Act Regulating Traffic on Highways,' approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 536), as amended. (c) No vehicle shall be equipped with a theft alarm signal device which is so arranged that it can be used by the driver as an ordinary warning signal. 68E-402. (a) Every motor vehicle shall at all times be equipped with an exhaust system, in good working order and in constant operation, meeting the following specifications:

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(1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler or mufflers and tail pipes; (2) The use of flexible pipe shall be prohibited except on diesel tractors or according to manufacturers' original specifications; (3) The exhaust emission point shall extend beyond the rear or outside of the passenger compartment. The trunk shall be considered as part of the passenger compartment; (4) The exhaust system and its elements shall be securely fastened, including the consideration of missing or broken hangers; and (5) There shall be no part of the exhaust system passing through the passenger compartment, or any exposed stack so located that any individual entering or leaving the vehicle may be burned. (b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. (c) It shall be unlawful for any person to sell or offer for sale any muffler which causes excessive or unusual noise or annoying smoke, or any muffler cutout, bypass, or similar device for use on a motor vehicle, or for any person to use, to sell, or to offer for sale any motor vehicle equipped with any such muffler, muffler cutout, bypass, or similar device. Any person violating this subsection shall be guilty of a misdemeanor. 68E-403. Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle. 68E-404. (a) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side windows, or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway.

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(b) The windshield of every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture therefrom, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. (c) Every windshield wiper upon a motor vehicle shall be maintained in good working order. (d) No opaque or solid material including, but not limited to, cardboard, plastic, and taped glass shall be employed in lieu of a glass windshield or window. (e) No motor vehicle shall be operated with a windshield or rear window having a starburst or spider webbing effect greater than three inches by three inches. 68E-405. (a) No vehicle equipped with solid rubber tires shall be used or transported on the highways, unless every solid rubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery. (b) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway. (c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use: (1) Farm machinery with tires having protuberances which will not injure the highway; and (2) Tire chains of reasonable proportions or tires equipped with safety spike-metal studs upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. (d) The Transportation Board and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the

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periphery of such movable tracks, or of farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code section. (e) All tires: (1) shall have not less than 2/32 inch tread measurable in all major grooves; (2) shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and (3) shall be free from bumps, bulges, or separations. (f) No motor vehicle shall be operated on a public street or highway with tires that have been marked `not for highway use,' `for racing purposes only,' or `unsafe for highway use.' (g) Retreaded tires shall not be used upon the front wheels of buses. 68E-406. 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 in this Code section shall not be required. 68E-407. (a) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.

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(b) Any person violating this Code section shall be guilty of a misdemeanor. 68E-408. (a) As used in this Code section, the term `private passenger automobile' shall mean a four-wheel motor vehicle designed for carrying ten passengers or less, not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, provided that the term `private passenger automobile' shall not include a multipurpose vehicle, which is, for the purposes of this Code section, defined as a motor vehicle, except a trailer, designed to carry ten passengers or less and constructed either on a truck chassis or with special features for occasional off-road operation. (b) Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in this state shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system conforming to all federal motor vehicle safety standards applicable to such automobile on the date of manufacture. The warranty may be given by means of the federal safety standard certification label affixed to the automobile. (c) The warranty provisions of this Code section shall not be applicable with respect to any private passenger automobile as to which the manufacturer files a written certification under oath with the Department of Public Safety, on a form to be prescribed by that department, that the particular make and model described therein complies with the applicable standards of this Code section. 68E-409. (a) No person shall sell any motor vehicle manufactured after January 1, 1954, nor shall any such motor vehicle be registered unless such vehicle is equipped with safety glazing material of a type approved by the commissioner of public safety wherever glazing material is used in doors, windows, and windshields. The provisions of this Code section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck-tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows, and windshields in the drivers' compartments of such vehicles. (b) The term `safety glazing materials' means glazing materials so constructed, treated, or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass,

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the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken. (c) Any person engaged in the business of replacing windshields or any side or rear windows of motor vehicles, which are subject to the provisions of this Code section, shall not replace such windshields or side or rear windows with any glazing material other than safety glazing material approved by the commissioner. (d) The commissioner of public safety shall compile and publish a list of types of glazing materials by name approved by him as meeting the requirements of this Code section and the commissioner shall not register any motor vehicle which is subject to the provisions of this Code section unless it is equipped with an approved type of safety glazing materials, and he shall thereafter suspend the registration of any motor vehicle so subject to this Code section which he finds is not so equipped until it is made to conform to the requirements of this Code section. (e) This Code section shall not be construed to require that side or rear windows of motor vehicles which were replaced or installed prior to January 1, 1954, must be replaced with safety glazing materials as provided in this Code section. Chapter 68E-5. Inspection of School Buses 68E-501. (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 or under contract by any independent school system shall be inspected annually, or more frequently at the discretion of the commissioner, under the supervision of an employee of the Department of Public Safety. (b) Those employees of the Department of Public Safety shall supervise the inspection of such vehicle to determine if such vehicle possesses in safe operating condition the equipment required by Code Section 68A-706 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

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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 Code section and no person shall conceal any bus required to be inspected under this Code section. (f) The Board of Public Safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this Code section shall have the force of law. Section 5. All unused inspection stickers which have been purchased for certified inspection stations shall be returned to the Department of Public Safety not later than October 31, 1982, and the purchase price shall be refunded. The department shall have the authority to specify the manner in which the return of the inspection stickers and the refunds shall be made. Part 2 Section 6. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, is amended by striking Code Section 40-8-132, which reads as follows: 40-8-132. Any such device as is described in subsection (a) of Code Section 40-8-130 shall be added to the list of equipment subject to inspection and shall be made a part of the annual inspection of motor vehicles required by Article 4 of this chapter. Before a valid motor vehicle inspection sticker can be placed on a vehicle, any such device must be repaired, replaced, or corrected so that it will be in the original design of the manufacturer., in its entirety.

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Section 7. Said Chapter 8 is further amended by striking subsection (c) of Code Section 40-8-159, which reads as follows: (c) The commissioner may consolidate the application and certificate of authorization pursuant to this part with the application and certificate of authority or other station licensing procedure established under Article 5 of this chapter, 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., in its entirety and by redesignating subsections (d) and (e) of said Code Section 40-8-159 as subsections (c) and (d), respectively. Section 8. Said Chapter 8 is further amended by adding at the end thereof a new Code Section 40-8-163 to read as follows: 40-8-163. This Part 2 (the `Georgia Motor Vehicle Emission Inspection and Maintenance Act') shall remain of force and effect only so long as the Federal Clean Air Act (42 U.S.C. 1857, et seq., as amended) shall require that the State of Georgia maintain and enforce the inspection plan and program provided for in this part in order to reduce the ambient air levels of photochemical oxidents or carbon monoxide which exceed the levels specified by the National Ambient Air Quality Standards for such pollutants specified by the United States Environmental Protection Agency pursuant to said Act. Upon the effective date of an amendment to the Federal Clean Air Act which shall allow the State of Georgia to discontinue the maintenance and enforcement of the inspection plan and program provided for in this part without the imposition of sanctions against the State of Georgia such as the loss of federal funds for sewage treatment plants, transportation projects, and air quality improvement projects, this Part 2 shall be repealed. Section 9. Said Chapter 8 is further amended by striking Article 4, relating to motor vehicle safety inspections, in its entirety and substituting in lieu thereof a new Article 4 to read as follows:

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Article 4 40-8-220. (a) Every school bus which is defined by paragraph (50) of Code Section 40-1-1 which is owned or operated by a state, county, or municipal government or under contract by any independent school system shall be inspected annually, or more frequently at the discretion of the commissioner of public safety, under the supervision of an employee of the Department of Public Safety. (b) The employee of the department shall supervise the inspection of such vehicle to determine if such vehicle possesses in safe operating condition the equipment which is applicable to school buses required by Parts 1 through 4 of Article 1 of this chapter and the equipment required by Part 6 of Article 1 of this chapter. (c) If such vehicle is found to meet the equipment and safety requirements specified in subsection (b) of this Code section, then the employee of the department making the inspection shall issue a school bus certificate of safety inspection to the vehicle. (d) If such vehicle does not meet the equipment and safety requirements specified in subsection (b) of this Code section, then that vehicle shall not be operated on the streets and highways of this state, and no school bus 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 Code section, and no person shall conceal any bus required to be inspected under this Code section. (f) The Board of Public Safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this Code section shall have the force of law. 40-8-221. Any person who violates any provision of this article shall be guilty of a misdemeanor. Section 10. Said Chapter 8 is further amended by striking Parts 1 through 4 of Article 1 in their entirety and inserting in lieu thereof the following:

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Part 1 40-8-1. (a) This article shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors, except when expressly made applicable. This article shall not apply to motorized carts. (b) Nothing in this article shall be construed to prohibit the use of additional parts and accessories on any vehicle, which use is not inconsistent with the provisions of this article. 40-8-2. In addition to the requirements of this article, the Public Service Commission, as to the motor vehicles within its jurisdiction, shall have the authority to promulgate rules designed to promote safety. Any such rules promulgated or deemed necessary by such commission shall include the following: every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights, brakes, and equipment shall meet such safety requirements as the commission shall promulgate from time to time. 40-8-3. No vehicle or load any portion of which drags or slides on the surface of the roadway shall be used or transported on the highways. No vehicle shall be used or transported on the highways the wheels of which, while being used or transported, either from construction or otherwise, cause pounding on the road surface. 40-8-4. (a) It shall be unlawful for any person to operate upon the public roads of this state any slow-moving vehicle or equipment, any animal-drawn vehicle, or any machinery designed for use and generally operated at speeds less than 25 miles per hour, including all road construction or maintenance equipment and machinery except when engaged in actual construction or maintenance procedures and all other construction equipment and machinery, unless there is displayed on the rear thereof an emblem which shall comply with subsection (b) of this Code section. (b) The emblem required by subsection (a) of this Code section shall conform with those standards and specifications adopted for slow-moving vehicles by the American Society of Agricultural Engineers in December, 1966, and contained within such society's standard ASAE S276.1, or shall be an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retroreflective red orange paint. Such emblem shall be mounted on the rear of such

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vehicles, in the approximate horizontal geometric center of the vehicle, at a height of three to five feet above the roadway, and shall be maintained at all times in a clean and reflective condition. (c) Any person violating this Code section shall be guilty of a misdemeanor. (d) Nothing in this Code section shall apply to any self-propelled, two-wheeled vehicle. 40-8-5. (a) It shall be unlawful for any person knowingly to tamper with, adjust, alter, change, set back, disconnect, or fail to connect an odometer of a motor vehicle, or to cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the motor vehicle has actually been driven, except as provided in this Code section. (b) It shall be unlawful for any person knowingly to bring into this state a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a) of this Code section. (c) It shall be unlawful for any person knowingly to sell or attempt to sell a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a) of this Code section. (d) Subsections (a), (b), and (c) of this Code section shall not apply to the disconnection of the odometer used for registering the mileage or use of new motor vehicles being tested by the manufacturer prior to delivery to a franchised dealer. (e) It shall be unlawful for any person to advertise for sale, to sell, to use, to install, or to have installed any device which causes an odometer to register any mileage other than the actual mileage driven. For the purposes of this subsection, the actual mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance. (f) It shall be unlawful for any person to conspire with any other person to violate this Code section.

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(g) (1) In addition to any other penalty provided by law, any person who, with intent to defraud, violates this Code section shall be liable in an amount equal to the sum of: (A) Three times the amount of actual damages sustained or $1,500.00, whichever is greater; and (B) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with reasonable attorney's fees, as determined by the court. (2) Any action to enforce any liability created under this subsection may be brought in any superior court or state court having proper jurisdiction, within two years from the date on which the liability arises. (h) (1) If any person violates any provision of this Code section, the Attorney General, any district attorney in this state or any solicitor in this state may bring an action in any superior court or state court having jurisdiction to restrain such violation. (2) Any action arising under paragraph (1) of this subsection may be brought within two years from the date of the violation. (i) Any person violating this Code section shall be guilty of a misdemeanor. 40-8-6. (a) It shall be unlawful to alter the suspension system of any private passenger motor vehicle which may be operated on any public street or highway more than two inches above or below the factory recommendation for any such vehicle. (b) It shall be unlawful to operate any private passenger motor vehicle upon any highway, roadway, or street if the suspension system of such vehicle has been altered more than two inches above or below the factory recommendation for such vehicle. (c) It shall be unlawful to operate any motor vehicle upon any highway, roadway, or street if the springs relative to the suspension system are broken.

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(d) Any person violating this Code section shall be guilty of a misdemeanor. 40-8-7. (a) No person shall drive or move on any highway any motor vehicle, trailer, semitrailer, or pole trailer, or any combination thereof, unless the equipment upon any and every such vehicle is in good working order and adjustment as required in this chapter and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway. (b) It is a misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved on any street or highway, any vehicle or combination of vehicles: (1) Which is in such unsafe condition as to endanger any person; (2) Which does not contain those parts or is not at all times equipped with such lights and other equipment in proper condition and adjustment as required in this chapter; or (3) Which is equipped in any manner in violation of this chapter. (c) It is also a misdemeanor for any person to do any act forbidden or fail to perform any act required under this chapter. (d) Any vehicle suspected of being operated in violation of this article may be the subject of an inspection conducted by any law enforcement officer who has reason to believe such violation is occurring, without the necessity of obtaining a warrant to permit such inspection. 40-8-8. Every motor vehicle operated upon a public street or highway shall be equipped with a speedometer in good working order. Part 2 40-8-20. Every vehicle upon a highway within this state at any time from a half hour after sunset to a half hour before sunrise and at any time when it is raining in the driving zone and at any other time when there is not sufficient visibility to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead

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shall display lights, including headlights, and illuminating devices as required in this part for different classes of vehicles, subject to exceptions with respect to parked vehicles as stated in this part. 40-8-21. (a) Whenever this article declares the required distance from which certain lights and devices shall render objects visible or within which such lights or devices shall be visible, such provisions shall apply during the times stated in Code Section 40-8-20 in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated. (b) Whenever this article declares the required mounted height of lights or devices, it shall mean the distance from the center of such light or device to the level ground upon which the vehicle stands when such vehicle is without a load. 40-8-22. (a) Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two but not more than four headlights, with at least one on each side of the front of the motor vehicle, which headlights shall comply with the requirements and limitations set forth in this article. (b) Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two headlights, which shall comply with the requirements and limitations of this article. (c) Every headlight upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the headlight of not more than 54 inches nor less than 24 inches, to be measured as set forth in subsection (b) of Code Section 40-8-21. (d) The headlights required by this Code section shall be maintained in proper working condition. (e) It shall be unlawful to operate a motor vehicle unless such motor vehicle is equipped with aiming pads on each headlight. 40-8-23. (a) Every motor vehicle, trailer, semitrailer, and pole trailer manufactured prior to January 1, 1954, shall be equipped with at least one tail light mounted on the rear, which when lighted as required in this article shall emit a red light plainly visible from a distance of 500 feet to the rear.

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(b) Every motor vehicle, trailer, semitrailer, and pole trailer manufactured after January 1, 1954, shall be equipped with two tail lights which meet the specifications provided in this Code section. (c) Every tail light upon every vehicle shall be located at a height of not more than 60 inches nor less than 20 inches, to be measured as set forth in subsection (b) of Code Section 40-8-21. (d) Either a tail light or a separate light shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail light or tail lights, together with any separate light for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lights or auxiliary driving lights are lighted. (e) All lenses on tail lights shall be maintained in good repair and shall meet manufacturers' specifications. 40-8-24. (a) Every motor vehicle manufactured after March 12, 1954, and operated upon a highway, other than a truck tractor, motorcycle, or motor-driven cycle, shall carry on the rear, either as a part of the tail lights or separately, two red reflectors, and every motorcycle and every motor-driven cycle shall carry on the rear at least one red reflector, meeting the requirements of this Code section. (b) Every such reflector shall be mounted on the vehicle at a height not less than 20 inches nor more than 60 inches measured as set forth in subsection (b) of Code Section 40-8-21 and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 300 feet to 50 feet from the rear of such vehicle except that visibility from the greater distance is hereinafter required of reflectors on certain types of vehicles. 40-8-25. (a) It shall be unlawful for any person to sell any motor vehicle manufactured after January 1, 1954, including any motorcycle or motor-driven cycle manufactured after January 1, 1954, in this state or for any person to drive such vehicle on the highways unless it is equipped with at least one brake light meeting the requirements of Code Section 40-8-26. (b) If a motor vehicle is manufactured with two brake lights, both must be operational.

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(c) No person shall sell or offer for sale or operate on the highways any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after January 1, 1954, unless it is equipped with mechanical or electrical turn signals meeting the requirements of Code Section 40-8-26. This subsection shall not apply to any motorcycle or motor-driven cycle manufactured prior to January 1, 1972. 40-8-26. (a) Any motor vehicle may be equipped and when required under this article shall be equipped with the following signal lights or devices: (1) A brake light on the rear which shall emit a red light and which shall be actuated upon application of the service (foot) brake and which may but need not be incorporated with a tail light; and (2) A light or lights or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible from both the front and the rear. (b) Every brake light shall be plainly visible and understandable from a distance of 300 feet to the rear both during normal sunlight and at nighttime, and every signal light or lights indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of 300 feet from both the front and the rear. When a vehicle is equipped with a brake light or other signal lights such light or lights shall at all times be maintained in good working condition. No brake light or signal light shall project a glaring or dazzling light. (c) All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Code Section 40-8-20. (d) All lenses on brake lights and signal devices shall be maintained in good repair and shall meet manufacturers' specifications. 40-8-27. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in Code Section 40-8-20, a red light plainly visible from a distance of at least 500 feet to the sides and rear. The red light required under this Code section shall be in addition to the red rear light required

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upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. 40-8-28. (a) When a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise, and there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway, no lights need be displayed upon such parked vehicle. (b) When a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lights meeting the following requirements: at least one light shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle, and the same light or at least one other light shall display a red light visible from a distance of 500 feet to the rear of the vehicle; and the location of such light or lights shall always be such that at least one light or combination of lights meeting the requirements of this Code section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. This subsection shall not apply to a motor-driven cycle. (c) If a vehicle is manufactured with two lights meeting the requirements of subsection (b) of this Code section, both such lights shall be maintained in good working order. (d) Any lighted headlights upon a parked vehicle shall be depressed or dimmed. 40-8-29. (a) Any motor vehicle may be equipped with not to exceed one spotlight, and every lighted spotlight shall not be aimed and used upon any approaching vehicle. It shall be unlawful for any person except law enforcement officers and persons licensed under Chapter 43-38 to operate a spotlight from any moving vehicle on any highway or public roadway. (b) Any motor vehicle may be equipped with not to exceed two foglights mounted on the front at a height not less than 12 inches nor

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more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of four inches below the level of the center of the light from which it comes. (c) Any motor vehicle may be equipped with not to exceed one auxiliary passing light mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands, and every such auxiliary passing light shall meet the requirements and limitations set forth in this article. (d) Any motor vehicle may be equipped with not to exceed one auxiliary driving light mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands, and every such auxiliary driving light shall meet the requirements and limitations set forth in this article. 40-8-30. Except as hereinafter provided in this part, the headlights or the auxiliary driving light or the auxiliary passing light or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and such lights may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations: (1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading; (2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver; (3) Every new motor vehicle other than a motorcycle or a motor-driven cycle registered in this state which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution

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of light from the headlights is in use, and shall not otherwise be lighted. Such indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. 40-8-31. Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Code Section 40-8-20, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: (1) Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in paragraph (2) of Code Section 40-8-30 shall be deemed to avoid glare at all times, regardless of road contour and loading; (2) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in paragraph (1) of Code Section 40-8-30. 40-8-32. Any automobile operated by a rural mail carrier for the purpose of delivering mail shall be authorized to display two amber-colored lights so as to warn approaching travelers to decrease their speed because of the danger of colliding with such mail carrier as he stops and starts along the edge of the highway. Such amber lights should be visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle. 40-8-33. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Code Section 40-8-20 display a red taillight and either multiple-beam or single-beam road lighting equipment meeting the requirements of Code Sections 40-8-23 and 40-8-30, respectively. 40-8-34. The color in all lighting equipment covered in this title shall be in accordance with Society of Automotive Engineers (SAE) Standard J578, April, 1965, as thereafter revised or amended.

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Part 3 40-8-50. (a) Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels. (b) Every motorcycle and motor-driven cycle manufactured after January 1, 1974, when operated upon a highway, shall be equipped with at least two brakes which may be operated by hand or foot. (c) Every trailer or semitrailer of 2,500 pounds gross weight or more shall be equipped with brakes on all wheels. Any farm trailer with two or more wheels, pulled from a tongue, used in or operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided such farm trailer shall not weigh over 4,000 pounds when empty. 40-8-51. (a) One of the means of brake operation shall consist of a mechanical connection from the operating lever to the brake shoes or bands, and this brake shall be capable of holding the vehicle or combination of vehicles stationary under any condition of loading on any upgrade or downgrade upon which it is operated. (b) The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation. 40-8-52. Every 1966 model motor vehicle and all subsequent model motor vehicles shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of

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power, provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes. 40-8-53. Every motor vehicle or combination of motor-drawn vehicles shall be capable of all times and under all conditions of loading, of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake within the distances specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances. Feet to Stop From 20 Miles Deceleration in Feet Per Hour Per Second Vehicle or combinations of vehicles having brakes on all wheels 30 14 Vehicles or combinations of vehicles not having brakes on all wheels 40 10.7 40-8-54. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. Part 4 40-8-70. (a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of

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not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall, when it is reasonably necessary to ensure safe operation, give audible warning with his horn, but shall not otherwise use such horn when upon a highway. (b) No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell except as otherwise permitted in this Code section and Code Section 40-8-94. (c) No vehicle shall be equipped with a theft alarm signal device which is so arranged that it can be used by the driver as an ordinary warning signal. 40-8-71. (a) Every motor vehicle shall at all times be equipped with an exhaust system, in good working order and in constant operation, meeting the following specifications: (1) The exhaust system shall include the piping leading from the flange of the exhaust manifold to and including the muffler or mufflers and tail pipes; (2) The use of flexible pipe shall be prohibited except on diesel tractors or according to manufacturers' original specifications; (3) The exhaust emission point shall extend beyond the rear or outside of the passenger compartment. The trunk shall be considered as part of the passenger compartment; (4) The exhaust system and its elements shall be securely fastened, including the consideration of missing or broken hangers; and (5) There shall be no part of the exhaust system passing through the passenger compartment, or any exposed stack so located that any individual entering or leaving the vehicle may be burned. (b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

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(c) It shall be unlawful for any person to sell or offer for sale any muffler which causes excessive or unusual noise or annoying smoke, or any muffler cutout, bypass, or similar device for use on a motor vehicle, or for any person to use, to sell, or to offer for sale any motor vehicle equipped with any such muffler, muffler cutout, bypass, or similar device. Any person violating this subsection shall be guilty of a misdemeanor. 40-8-72. Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle. 40-8-73. (a) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side windows, or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway. (b) The windshield of every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture therefrom, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. (c) Every windshield wiper upon a motor vehicle shall be maintained in good working order. (d) No opaque or solid material including, but not limited to, cardboard, plastic, and taped glass shall be employed in lieu of a glass windshield or window. (e) No motor vehicle shall be operated with a windshield or rear window having a starburst or spider webbing effect greater than three inches by three inches. 40-8-74. (a) No vehicle equipped with solid rubber tires shall be used or transported on the highways, unless every solid rubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery. (b) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.

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(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use: (1) Farm machinery with tires having protuberances which will not injure the highway; and (2) Tire chains of reasonable proportions or tires equipped with safety spike-metal studs upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. (d) The Transportation Board and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks, or of farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Code section. (e) All tires: (1) Shall have not less than 2/32 inch tread measurable in all major grooves; (2) Shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and (3) Shall be free from bumps, bulges, or separations. (f) No motor vehicle shall be operated on a public street or highway with tires that have been marked `not for highway use,' `for racing purposes only,' or `unsafe for highway use.' (g) Retreaded tires shall not be used upon the front wheels of buses. 40-8-75. 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

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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 in this Code section shall not be required. 40-8-76. (a) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer. (b) Any person violating this Code section shall be guilty of a misdemeanor. 40-8-77. (a) As used in this Code section, the term `private passenger automobile' shall mean a four-wheel motor vehicle designed for carrying ten passengers or less, not for hire, for use on public roads and highways, and not designed for use as a dwelling or for camping, provided that the term `private passenger automobile' shall not include a multipurpose vehicle, which is, for the purposes of this Code section, defined as a motor vehicle, except a trailer, designed to carry ten passengers or less and constructed either on a truck chassis or with special features for occasional off-road operation. (b) Every new private passenger automobile manufactured on and after August 1, 1973, which is sold or licensed in this state shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system conforming to all federal motor vehicle safety standards applicable to such automobile on the date of manufacture. The warranty may be given by means of the federal safety standard certification label affixed to the automobile. (c) The warranty provisions of this Code section shall not be applicable with respect to any private passenger automobile as to

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which the manufacturer files a written certification under oath with the Department of Public Safety, on a form to be prescribed by that department, that the particular make and model described therein complies with the applicable standards of this Code section. 40-8-78. (a) No person shall sell any motor vehicle manufactured after January 1, 1954, nor shall any such motor vehicle be registered unless such vehicle is equipped with safety glazing material of a type approved by the commissioner of public safety wherever glazing material is used in doors, windows, and windshields. The provisions of this Code section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck-tractors, the requirements as to safety glazing material shall apply to all glazing material used in doors, windows, and windshields in the drivers' compartments of such vehicles. (b) The term `safety glazing materials' means glazing materials so constructed, treated, or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they may be cracked or broken. (c) Any person engaged in the business of replacing windshields or any side or rear windows of motor vehicles, which are subject to the provisions of this Code section, shall not replace such windshields or side or rear windows with any glazing material other than safety glazing material approved by the commissioner. (d) The commissioner of public safety shall compile and publish a list of types of glazing materials by name approved by him as meeting the requirements of this Code section and the commissioner shall not register any motor vehicle which is subject to the provisions of this Code section unless it is equipped with an approved type of safety glazing materials, and he shall thereafter suspend the registration of any motor vehicle so subject to this Code section which he finds is not so equipped until it is made to conform to the requirements of this Code section. (e) This Code section shall not be construed to require that side or rear windows of motor vehicles which were replaced or installed prior to January 1, 1954, must be replaced with safety glazing materials as provided in this Code section.

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Part 3 Section 11. The General Assembly finds that properly equipped and serviced vehicles contribute to the public welfare and safety of the citizens of Georgia through the reduction of motor vehicle accidents resulting from mechanical failure. The General Assembly also finds that it is the responsibility of all motorists to maintain their motor vehicles in proper working condition. It is the intent of this Act to encourage all citizens to maintain their motor vehicles in safe operating condition. It is furthermore the intent of this Act to encourage the Department of Human Resources to promulgate rules and regulations specifying minimum safety standards for motor vehicles used to transport persons to and from day care centers or child care centers licensed by said department. Section 12. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon the approval of the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 13. All laws and parts of laws in conflict with this Act are repealed. Approved February 26, 1982.

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SUPPLEMENTAL APPROPRIATIONS ACT. No. 847 (House Bill No. 1235). AN ACT To amend an Act providing appropriations for the fiscal year 1981-82, known as the General Appropriations Act, approved April 9, 1981 (Ga. Laws 1981, p. 1036), so as to change certain appropriations for the fiscal year 1981-82; to amend an Act providing a supplementary appropriation for the State Fiscal Year ending June 30, 1982, approved January 19, 1982, known as Act 829, so as to amend the appropriations made therein; 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 1981-82, known as the General Appropriations Act, approved April 9, 1981 (Ga. Laws 1981, p. 1036), is amended by striking the following: PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 15,828,133 Operations $ 15,828,133 Total Funds Budgeted $ 15,828,133 State Funds Budgeted $ 15,828,133 Budget Unit Object Classes: Operations $ 15,828,133 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

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State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Georgia Educational Improvement Council; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; 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 $ 5,149,264 1. Operations $ 4,799,264 Total Funds Budgeted $ 4,799,264 State Funds Budgeted $ 4,799,264 2. Tax Ratio Study $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Budget Unit Object Classes: Operations $ 4,799,264 Tax Ratio Study $ 350,000 Authorized Motor Vehicles 28 Total Positions Budgeted 150 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 2,208,582 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. Total Positions Budgeted 59

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Section 4. Superior Courts. Budget Unit: Superior Courts $ 17,972,417 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 $27,078 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 $97,000 per annum for each judgeship created by law during the 1981 session of the General Assembly. Provided, that of the above appropriation relating to Superior Courts, $424,371 is designated and committed for the Prosecuting Attorneys' Council for operations and $73,998 is designated and committed for the Sentence Review Panel, and $63,078 is designated and committed for the Probation Advisory Council. 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. Total Positions Budgeted 458

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Section 5. Court of Appeals. Budget Unit: Court of Appeals $ 2,499,016 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. Total Positions Budgeted 54 Section 6. Administrative Office of the Courts. Budget Unit: Administrative Office of the Courts $ 744,022 Administrative Office of the Courts $ 541,742 Institute for Continuing Judicial Education $ 202,280 Total Funds Budgeted $ 744,022 State Funds Budgeted $ 744,022 Total Positions Budgeted 20 For the cost of operating the Administrative Office of the Courts and for the cost of operating the Institute for Continuing Judicial Education. Section 7. Appellate Court Reports. Budget Unit: Court Reports $ 211,000 For the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks and others as required by Code Chapter 90-2. Total Positions Budgeted 0

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Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission $ 49,760 For the cost of operating the Judicial Qualifications Commission. Total Positions Budgeted 0 Section 9. Board of Court Reporting. Budget Unit: $ 14,123 For the cost of operating the Board of Court Reporting. Total Positions Budgeted 1 Section 10. Council of Juvenile Court Judges. Budget Unit: $ 97,592 For the cost of operating the Council of Juvenile Court Judges. Total Positions Budgeted 3 Section 11. Georgia Justice Courts Training Council. Budget Unit: $ 12,700 For the cost of operating the Georgia Justice Courts Training Council. Total Positions Budgeted 0

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Section 12. Georgia Judicial Administrative Districts. Budget Unit: $ 496,630 For the cost of operating the Georgia Judicial Administrative Districts. Total Positions Budgeted 20 PART III. EXECUTIVE BRANCH Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 37,581,393 1. State Properties Commission Budget: Personal Services $ 208,181 Regular Operating Expenses $ 7,780 Travel $ 3,084 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ 12,516 Telecommunications $ 3,180 Per Diem, Fees and Contracts $ 13,813 Total Funds Budgeted $ 249,554 State Funds Budgeted $ 249,554 Total Positions Budgeted 6 2. Departmental Administration Budget: Personal Services $ 966,064 Regular Operating Expenses $ 319,538 Travel $ 7,291 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,200 Equipment Purchases $ 1,450 Computer Charges $ -0- Real Estate Rentals $ 47,221 Telecommunications $ 16,170 Per Diem, Fees and Contracts $ -0- Direct Payments to Georgia Building Authority for Capital Outlay $ 10,600,000 Direct Payments to Georgia Building Authority for Operations $ 5,480 Direct Payments to Georgia Building Authority for Floyd Buildings Operations $ 2,650,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Total Funds Budgeted $ 15,469,414 State Funds Budgeted $ 15,469,414 Total Positions Budgeted 41 3. Fiscal and Self-Insurance Administration Budget: Personal Services $ 764,772 Regular Operating Expenses $ 31,480 Travel $ 5,830 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 1,500 Computer Charges $ 4,539,050 Real Estate Rentals $ 27,851 Telecommunications $ 12,500 Per Diem, Fees and Contracts $ -0- Workers' Compensation $ -0- State Liability Self-Insurance Reserve $ -0- Unemployment Compensation Reserve $ 2,000,000 Public Safety Officers Indemnification Fund $ 608,800 Total Funds Budgeted $ 8,003,783 State Funds Budgeted $ 5,732,887 Total Positions Budgeted 30 4. Central and Surplus Property Administration Budget: Personal Services $ 226,239 Regular Operating Expenses $ 160,205 Travel $ 750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,000 Equipment Purchases $ 1,450 Computer Charges $ -0- Real Estate Rentals $ 58,671 Telecommunications $ 5,300 Per Diem, Fees and Contracts $ 800 Materials for Resale $ 5,400,000 Utilities $ -0- Total Funds Budgeted $ 5,860,415 State Funds Budgeted $ -0- Total Positions Budgeted 15 5. Procurement Administration Budget: Personal Services $ 1,123,995 Regular Operating Expenses $ 107,600 Travel $ 6,888 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 29,600 Equipment Purchases $ 500 Computer Charges $ 228,759 Real Estate Rentals $ 56,502 Telecommunications $ 32,500 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,586,344 State Funds Budgeted $ 1,586,344 Total Positions Budgeted 52 6. General Services Administration Budget: Personal Services $ 284,119 Regular Operating Expenses $ 19,207 Travel $ 5,240 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,300 Equipment Purchases $ 1,500 Computer Charges $ 14,600 Real Estate Rentals $ 12,165 Telecommunications $ 22,750 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 361,881 State Funds Budgeted $ 67,696 Total Positions Budgeted 13 7. Real Property and Space Management Budget: Personal Services $ 254,848 Regular Operating Expenses $ 5,430 Travel $ 925 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ 17,999 Telecommunications $ 4,420 Per Diem, Fees and Contracts $ 300 Materials for Resale $ -0- Total Funds Budgeted $ 284,822 State Funds Budgeted $ 284,822 Total Positions Budgeted 11 8. Data Processing Services Budget: Personal Services $ 15,310,272 Regular Operating Expenses $ 1,268,077 Travel $ 54,522 Motor Vehicle Equipment Purchases $ 6,950 Publications and Printing $ 221,975 Equipment Purchases $ 248,225 Computer Charges $ 299,000 Rents and Maintenance Expense $ 12,051,986 Real Estate Rentals $ 1,029,947 Telecommunications $ 306,250 Payments to DOAS Fiscal Administration $ 2,270,896 Per Diem, Fees and Contracts $ 1,014,900 Total Funds Budgeted $ 34,083,000 State Funds Budgeted $ 9,000,000 Total Positions Budgeted 666 9. Motor Pool Services Budget: Personal Services $ 347,178 Regular Operating Expenses $ 1,455,392 Travel $ -0- Motor Vehicle Equipment Purchases $ 288,000 Publications and Printing $ -0- Equipment Purchases $ 30,000 Computer Charges $ -0- Real Estate Rentals $ 720 Telecommunications -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,121,290 State Funds Budgeted $ -0- Total Positions Budgeted 23 10. Communication Services Budget: Personal Services $ 2,246,167 Regular Operating Expenses $ 391,004 Travel $ 10,062 Motor Vehicle Equipment Purchases $ 30,100 Publications and Printing $ 58,200 Equipment Purchases $ 6,525 Computer Charges $ 209,030 Real Estate Rentals $ 56,348 Telecommunications $ 460 Per Diem, Fees and Contracts $ 5,000 Telephone Billings $ 24,943,000 Total Funds Budgeted $ 27,955,896 State Funds Budgeted $ 5,000,000 Total Positions Budgeted 106 11. Printing Services Budget: Personal Services $ 1,277,063 Regular Operating Expenses $ 1,647,093 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 38,800 Computer Charges $ -0- Real Estate Rentals $ 122,900 Telecommunications $ -0- Materials for Resale $ 400,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 3,485,856 State Funds Budgeted $ -0- Total Positions Budgeted 71 12. Surplus Property Services Budget: Personal Services $ 725,669 Regular Operating Expenses $ 291,900 Travel $ 25,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,300 Equipment Purchases $ 700 Computer Charges $ 41,000 Real Estate Rentals $ 6,596 Telecommunications $ 11,750 Materials for Resale $ 25,000 Per Diem, Fees and Contracts $ 11,500 Utilities $ 23,980 Total Funds Budgeted $ 1,174,695 State Funds Budgeted $ 182,776 Total Positions Budgeted 44 13. Mail and Courier Services Budget: Personal Services $ 131,574 Regular Operating Expenses $ 112,823 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 8,500 Computer Charges $ -0- Real Estate Rentals $ 2,239 Telecommunications $ 1,550 Materials for Resale $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 256,686 State Funds Budgeted $ 7,900 Total Positions Budgeted 10 14. Self-Insurance Services Budget: Personal Services $ 505,029 Regular Operating Expenses $ 23,677 Travel $ 24,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ 55,000 Real Estate Rentals $ 26,227 Telecommunications $ 9,500 Materials for Resale $ -0- Per Diem, Fees and Contracts $ 32,000 Total Funds Budgeted $ 677,933 State Funds Budgeted $ -0- Total Positions Budgeted 22 Budget Unit Object Classes: Personal Services $ 24,371,170 Regular Operating Expenses $ 5,841,206 Travel $ 144,392 Motor Vehicle Equipment Purchases $ 325,050 Publications and Printing $ 351,475 Equipment Purchases $ 340,150 Computer Charges $ 5,386,439 Real Estate Rentals $ 1,477,902 Telecommunications $ 426,330 Per Diem, Fees and Contracts $ 1,078,313 Rents and Maintenance Expense $ 12,051,986 Utilities $ 23,980 Workers' Compensation $ -0- Payments to DOAS Fiscal Administration $ 2,270,896 Direct Payments to Georgia Building Authority for Operations $ 5,480 Direct Payments to Georgia Building Authority for Capital Outlay $ 10,600,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Direct Payments to Georgia Building Authority for Floyd Buildings Operations $ 2,650,000 State Liability Self-Insurance Reserve $ -0- Telephone Billings $ 24,943,000 Materials for Resale $ 5,825,000 Public Safety Officers Indemnity Fund $ 608,800 Unemployment Compensation Reserve $ 2,000,000 Total Positions Budgeted 1,110 Authorized Motor Vehicles 284 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 $ 361,881 Data Processing Service $ 34,083,000 Motor Pool Service $ 2,121,290 Communication Services $ 27,955,896 Printing Services $ 3,485,856 Total $ 68,007,923 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 [Illegible Text] 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 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. Provided, however, the Department is authorized to construct from available funds a surplus property storage facility adjacent to the current facility in Swainsboro, the cost not to exceed $22,000. B. Budget Unit: Georgia Building Authority $ -0- 1. Georgia Building Authority Budget: Personal Services $ 8,772,085 Regular Operating Expenses $ 2,113,171 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 90,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 40,000 Per Diem, Fees and Contracts $ 89,000 Capital Outlay $ 10,600,000 Authority Lease Rentals $ 1,039,500 Utilities $ 3,300,000 Facilities Renovations and Repairs $ -0- Total Funds Budgeted $ 26,077,256 State Funds Budgeted $ -0- Total Positions Budgeted 419 2. Operations of Floyd Building Budget: Personal Services $ 659,225 Regular Operating Expenses $ 350,000 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 20,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Capital Outlay $ -0- Authority Lease Rentals $ -0- Utilities $ 1,300,000 Facilities Renovations and Repairs $ -0- Total Funds Budgeted $ 2,329,225 State Funds Budgeted $ -0- Total Positions Budgeted 88 Budget Unit Object Classes: Personal Services $ 9,431,310 Regular Operating Expenses $ 2,463,171 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 110,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 40,000 Per Diem, Fees and Contracts $ 89,000 Capital Outlay $ 10,600,000 Authority Lease Rentals $ 1,039,500 Utilities $ 4,600,000 Facilities Renovations and Repairs $ -0- Total Positions Budgeted 507 Authorized Motor Vehicles 39

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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, however, the Georgia Building Authority is authorized to utilize available funds for acquiring additional parking facilities in the Capitol Hill area, but no funds shall be so applied without prior approval of the Fiscal Affairs Subcommittees of the House and Senate.

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Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 21,361,941 1. Plant Industry Budget: Personal Services $ 3,337,355 Regular Operating Expenses $ 342,406 Travel $ 125,267 Motor Vehicle Equipment Purchases $ 59,803 Publications and Printing $ 26,000 Equipment Purchases $ 87,030 Computer Charges $ -0- Real Estate Rentals $ 5,178 Telecommunications $ 41,550 Per Diem, Fees and Contracts $ 600 Total Funds Budgeted $ 4,025,189 State Funds Budgeted $ 3,528,894 Total Positions Budgeted 188 2. Animal Industry Budget: Personal Services $ 1,124,760 Regular Operating Expenses $ 114,275 Travel $ 39,705 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 2,700 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 45,650 Per Diem, Fees and Contracts $ 75,000 Athens Veterinary Laboratory Contract $ 421,000 Tifton Veterinary Laboratory Contract $ 764,170 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton $ 878,000 Veterinary Fees $ 525,000 Indemnities $ 75,000 Capital Outlay $ -0- Total Funds Budgeted $ 4,075,260 State Funds Budgeted $ 3,760,711 Total Positions Budgeted 56 3. Marketing Budget: Personal Services $ 850,279 Regular Operating Expenses $ 128,485 Travel $ 51,208 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,980 Equipment Purchases $ 8,100 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 37,500 Per Diem, Fees and Contracts $ 31,600 Advertising $ 55,000 Major Repairs and Maintenance Projects at Major and Minor Markets $ 35,000 Total Funds Budgeted $ 1,217,152 State Funds Budgeted $ 1,205,902 Total Positions Budgeted 42 4. Major Markets Budget: Personal Services $ 1,788,782 Regular Operating Expenses $ 721,000 Travel $ 11,569 Motor Vehicle Equipment Purchases $ 14,000 Publications and Printing $ 7,000 Equipment Purchases $ 17,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 36,000 Advertising $ 35,000 Per Diem, Fees and Contracts $ 19,400 Major Repairs and Maintenance Projects at Major and Minor Markets $ 550,000 Total Funds Budgeted $ 3,199,751 State Funds Budgeted $ 774,751 Total Positions Budgeted 115 5. General Agricultural Field Forces Budget: Personal Services $ 1,916,789 Regular Operating Expenses $ 106,097 Travel $ 176,709 Motor Vehicle Equipment Purchases $ 51,200 Publications and Printing $ 4,000 Equipment Purchases $ 3,000 Computer Charges $ -0- Real Estate Rentals $ 3,600 Telecommunications $ 16,400 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,277,795 State Funds Budgeted $ 2,277,795 Total Positions Budgeted 112 6. Internal Administration Budget: Personal Services $ 1,192,875 Regular Operating Expenses $ 209,484 Travel $ 27,799 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000 Equipment Purchases $ 17,175 Computer Charges $ 239,650 Real Estate Rentals $ 512,300 Telecommunications $ 32,150 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 2,254,433 State Funds Budgeted $ 2,210,011 Total Positions Budgeted 57 7. Information and Education Budget: Personal Services $ 139,770 Regular Operating Expenses $ 11,210 Travel $ 1,357 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 377,000 Equipment Purchases $ 8,300 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 6,600 Per Diem, Fees and Contracts $ -0- Market Bulletin Postage $ 470,000 Total Funds Budgeted $ 1,014,237 State Funds Budgeted $ 1,014,237 Total Positions Budgeted 9 8. Fuel and Measures Standards Budget: Personal Services $ 1,237,700 Regular Operating Expenses $ 221,660 Travel $ 93,362 Motor Vehicle Equipment Purchases $ 58,200 Publications and Printing $ 5,500 Equipment Purchases $ 20,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 15,550 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,651,972 State Funds Budgeted $ 1,649,472 Total Positions Budgeted 74 9. Consumer Services Budget: Personal Services $ 631,458 Regular Operating Expenses $ 72,110 Travel $ 16,175 Motor Vehicle Equipment Purchases $ 24,000 Publications and Printing $ 4,500 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,100 Per Diem, Fees and Contracts $ 1,500 Total Funds Budgeted $ 771,843 State Funds Budgeted $ 771,843 Total Positions Budgeted 30 10. Consumer Protection Field Forces Budget: Personal Services $ 2,752,507 Regular Operating Expenses $ 129,563 Travel $ 166,324 Motor Vehicle Equipment Purchases $ 30,000 Publications and Printing $ 8,200 Equipment Purchases $ 12,000 Computer Charges $ -0- Real Estate Rentals $ 5,520 Telecommunications $ 30,100 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 3,134,214 State Funds Budgeted $ 2,557,116 Total Positions Budgeted 134 11. Meat Inspection Budget: Personal Services $ 2,572,358 Regular Operating Expenses $ 85,917 Travel $ 165,808 Motor Vehicle Equipment Purchases $ 36,000 Publications and Printing $ 2,600 Equipment Purchases $ 1,120 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 19,200 Per Diem, Fees and Contracts $ 107,900 Total Funds Budgeted $ 2,990,903 State Funds Budgeted $ 1,234,319 Total Positions Budgeted 130 12. Fire Ant Control 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- Purchase of Bait and Airplane Contracts $ 100,000 Total Funds Budgeted $ 100,000 State Funds Budgeted $ 100,000 Total Positions Budgeted 0 13. Georgia Agrirama Development Authority Budget: Direct Payments to Georgia Agrirama Development Authority for Operations $ 276,890 Total Funds Budgeted $ 276,890 State Funds Budgeted $ 276,890 Total Positions Budgeted 0 14. Seed Technology and Development Personal Services $ 166,784 Regular Operating Expenses $ 4,800 Travel $ 900 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 200 Equipment Purchases $ 158,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 350,684 State Funds Budgeted $ -0- Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 17,711,417 Regular Operating Expenses $ 2,147,007 Travel $ 876,183 Motor Vehicle Equipment Purchases $ 293,203 Publications and Printing $ 485,980 Equipment Purchases $ 336,425 Computer Charges $ 239,650 Real Estate Rentals $ 526,598 Telecommunications $ 300,800 Per Diem, Fees and Contracts $ 238,000 Market Bulletin Postage $ 470,000 Purchase of Bait and Airplane Contracts $ 100,000 Athens Veterinary Laboratory Contract $ 421,000 Tifton Veterinary Laboratory Contract $ 764,170 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton $ 878,000 Veterinary Fees $ 525,000 Indemnities $ 75,000 Advertising Contract $ 90,000 Direct Payments to Georgia Agrirama Development Authority for Operations $ 276,890 Repairs to Major and Minor Markets $ 585,000 Capital Outlay $ -0- Total Positions Budgeted 955 Authorized Motor Vehicles 259 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. Provided, that of the above appropriation relating to Repairs to Major and Minor Markets, no expenditure shall be made without prior approval of the Georgia Building Authority (Markets). It is the intent of this General Assembly that the Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and that no new fees be imposed on Georgia farmers. B. Budget Unit: Georgia Agrirama Development Authority $ -0- Georgia Agrirama Development Authority Budget: Personal Services $ 437,121 Regular Operating Expenses $ 93,361 Travel $ 6,072 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,400 Equipment Purchases $ 1,575 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,500 Per Diem, Fees and Contracts $ 36,103 Capital Outlay $ 67,924 Goods for Resale $ 83,900 Sales Tax $ 8,300 Total Funds Budgeted $ 756,256 State Funds Budgeted $ -0- Total Positions Budgeted 27 Budget Unit Object Classes: Personal Services $ 437,121 Regular Operating Expenses $ 93,361 Travel $ 6,072 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,400 Equipment Purchases $ 1,575 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,500 Per Diem, Fees and Contracts $ 36,103 Capital Outlay $ 67,924 Sales Tax $ 83,900 Goods for Resale $ 8,300 Total Positions Budgeted 27 Authorized Motor Vehicles 5

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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 $ 2,972,796 Administration and Examination Budget: Personal Services $ 2,442,370 Regular Operating Expenses $ 127,420 Travel $ 226,358 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,039 Equipment Purchases $ 6,110 Computer Charges $ 14,850 Real Estate Rentals $ 104,842 Telecommunications $ 30,807 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 2,972,796 State Funds Budgeted $ 2,972,796 Total Positions Budgeted 95 Budget Unit Object Classes: Personal Services $ 2,442,370 Regular Operating Expenses $ 127,420 Travel $ 226,358 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,039 Equipment Purchases $ 6,110 Computer Charges $ 14,850 Real Estate Rentals $ 104,842 Telecommunications $ 30,807 Per Diem, Fees and Contracts $ 2,000 Total Positions Budgeted 95 Authorized Motor Vehicles 21

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Section 16. Department of Community Affairs. A. Budget Unit: Department of Community Affairs $ 4,336,647 1. Executive and Administrative Budget: Personal Services $ 593,904 Regular Operating Expenses $ 39,147 Travel $ 11,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,100 Equipment Purchases $ 1,700 Computer Charges $ -0- Real Estate Rentals $ 107,143 Telecommunications $ 9,500 Per Diem, Fees and Contracts $ 10,000 Capital Felony Expenses $ 6,000 Multi-State Transportation Board $ 10,000 Payments to Georgia Residential Finance Authority $ -0- Local Assistance Grants $ 446,000 Total Funds Budgeted $ 1,242,244 State Funds Budgeted $ 1,139,828 Total Positions Budgeted 21 2. Technical Assistance Budget: Personal Services $ 507,858 Regular Operating Expenses $ 20,765 Travel $ 36,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,285 Equipment Purchases $ -0- Computer Charges $ 1,600 Real Estate Rentals $ 25,627 Telecommunications $ 16,000 Per Diem, Fees and Contracts $ 24,100 Total Funds Budgeted $ 650,235 State Funds Budgeted $ 537,674 Total Positions Budgeted 20 3. Information Services Budget: Personal Services $ 236,990 Regular Operating Expenses $ 7,590 Travel $ 5,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,300 Equipment Purchases $ -0- Computer Charges $ 750 Real Estate Rentals $ 8,600 Telecommunications $ 4,800 Per Diem, Fees and Contracts $ 7,600 Postage $ -0- Juvenile Justice Grant $ 1,533,000 Capital Outlay $ -0- Total Funds Budgeted $ 1,807,130 State Funds Budgeted $ 155,825 Total Positions Budgeted 9 4. Community Betterment Budget: Personal Services $ 283,465 Regular Operating Expenses $ 10,000 Travel $ 19,260 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,165 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 13,640 Telecommunications $ 7,560 Per Diem, Fees and Contracts $ 13,650 Total Funds Budgeted $ 351,740 State Funds Budgeted $ 351,740 Total Positions Budgeted 11 5. Community Development Budget: Personal Services $ 742,746 Regular Operating Expenses $ 16,775 Travel $ 46,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,400 Equipment Purchases $ 8,867 Computer Charges $ 3,000 Real Estate Rentals $ 41,280 Telecommunications $ 18,693 Per Diem, Fees and Contracts $ 5,144 Grants to Area Planning and Development Commissions $ 1,350,000 HUD 701 Planning Grants $ 325,604 Appalachian Regional Commission Assessment $ 144,985 Coastal Plains Regional Commission Assessment $ 11,875 Total Funds Budgeted $ 2,732,569 State Funds Budgeted $ 2,151,580 Total Positions Budgeted 36 Budget Unit Object Classes: Personal Services $ 2,364,963 Regular Operating Expenses $ 94,277 Travel $ 118,710 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 49,250 Equipment Purchases $ 10,567 Computer Charges $ 5,350 Real Estate Rentals $ 196,290 Telecommunications $ 56,553 Per Diem, Fees and Contracts $ 60,494 Capital Felony Expenses $ 6,000 Grants to Area Planning and Development Commissions $ 1,350,000 HUD 701 Planning Grants $ 325,604 Local Assistance Grants $ 446,000 Appalachian Regional Commission Assessment $ 144,985 Coastal Plains Regional Commission Assessment $ 11,875 Multi-State Transportation Board $ 10,000 Juvenile Justice Grants $ 1,533,000 Payments to Georgia Residential Finance Authority $ -0- Total Positions Budgeted 97 Authorized Motor Vehicles 4 Provided that of the above appropriations $10,000 is designated and committed for The Multi-State Transportation Board. B. Budget Unit: Georgia Residential Finance Authority $ -0- Georgia Residential Finance Authority Budget: Personal Services $ 1,230,787 Regular Operating Expenses $ 161,114 Travel $ 71,400 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 37,500 Equipment Purchases $ 48,800 Computer Charges $ 14,000 Real Estate Rentals $ 98,330 Telecommunications $ 64,000 Per Diem, Fees and Contracts $ 237,585 Rental Assistance Payments $ 8,252,162 Grants to Housing Sponsors $ 475,000 Total Funds Budgeted $ 10,697,678 State Funds Budgeted $ -0- Total Positions Budgeted 68 Authorized Motor Vehicles 26 Budget Unit Object Classes: Personal Services $ 1,230,787 Regular Operating Expenses $ 161,114 Travel $ 71,400 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 37,500 Equipment Purchases $ 48,800 Computer Charges $ 14,000 Real Estate Rentals $ 98,330 Telecommunications $ 64,000 Per Diem, Fees and Contracts $ 237,585 Rental Assistance Payments $ 8,252,162 Grants to Housing Sponsors $ 475,000 Total Positions Budgeted 68 Authorized Motor Vehicles 26

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Provided that the Georgia Residential Finance Authority is authorized to initiate the Family Farm Program from existing funds. Section 17. Office of Comptroller General. Budget Unit: Office of Comptroller General $ 5,215,667 1. Internal Administration Budget: Personal Services $ 517,994 Regular Operating Expenses 65,172 Travel $ 5,262 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,500 Equipment Purchases 1,770 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,650 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 611,348 State Funds Budgeted $ 599,351 Total Positions Budgeted 21 2. Insurance Regulation Budget: Personal Services $ 947,738 Regular Operating Expenses $ 41,482 Travel $ 6,749 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 101,940 Equipment Purchases 3,540 Computer Charges $ 127,500 Real Estate Rentals $ 20,195 Telecommunications $ 22,100 Per Diem, Fees and Contracts $ 2,000 Computer Equipment and Feasibility Study $ -0- Total Funds Budgeted $ 1,273,244 State Funds Budgeted $ 1,187,244 Total Positions Budgeted 45 3. Industrial Loans Regulation Budget: Personal Services $ 334,138 Regular Operating Expenses $ 20,524 Travel $ 16,787 Motor Vehicle Equipment Purchases $ 5,500 Publications and Printing $ 5,250 Equipment Purchases $ 150 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,250 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 387,599 State Funds Budgeted $ 387,599 Total Positions Budgeted 14 4. Information and Enforcement Budget: Personal Services $ 858,869 Regular Operating Expenses $ 36,617 Travel $ 28,224 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,400 Equipment Purchases $ 1,730 Computer Charges $ -0- Real Estate Rentals $ 21,753 Telecommunications $ 29,650 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 980,243 State Funds Budgeted $ 980,243 Total Positions Budgeted 45 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 2,038,020 Regular Operating Expenses $ 89,640 Travel $ 132,568 Motor Vehicle Equipment Purchases $ 49,500 Publications and Printing $ 16,500 Equipment Purchases $ 2,000 Computer Charges $ 5,516 Real Estate Rentals $ 36,844 Telecommunications $ 25,630 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 2,406,218 State Funds Budgeted $ 2,061,230 Total Positions Budgeted 104 Budget Unit Object Classes: Personal Services $ 4,696,759 Regular Operating Expenses $ 253,435 Travel $ 189,590 Motor Vehicle Equipment Purchases $ 55,000 Publications and Printing $ 134,590 Equipment Purchases $ 9,190 Computer Charges $ 133,016 Real Estate Rentals $ 78,792 Telecommunications $ 96,280 Computer Equipment and Feasibility Study $ -0- Per Diem, Fees and Contracts $ 12,000 Total Positions Budgeted 229 Authorized Motor Vehicles 57

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Section 18. Department of Defense. Budget Unit: Department of Defense $ 2,503,638 1. Administration and Support of State Militia Budget: Personal Services $ 834,159 Regular Operating Expenses $ 78,207 Travel $ 3,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,850 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 23,019 Per Diem, Fees and Contracts $ 30,850 Military Assistance to Safety and Traffic Grant $ -0- Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 40,000 Capital Outlay $ -0- Total Funds Budgeted $ 1,048,285 State Funds Budgeted $ 1,025,091 Total Positions Budgeted 36 2. Civil Defense Budget: Personal Services $ 707,477 Regular Operating Expenses $ 98,771 Travel $ 16,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,605 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 31,664 Per Diem, Fees and Contracts $ 57,244 Local Civil Defense Grants Training $ 32,000 Total Funds Budgeted $ 951,261 State Funds Budgeted $ 460,840 Total Positions Budgeted 31 3. Construction and Facilities Maintenance Budget: Personal Services $ 109,261 Regular Operating Expenses $ 118,180 Travel $ 2,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 9,900 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 500 Grants to National Guard Units $ 312,000 Capital Outlay $ 98,100 Total Funds Budgeted $ 650,341 State Funds Budgeted $ 650,341 Total Positions Budgeted 5 4. Disaster Preparedness and Recovery Budget: Personal Services $ 259,961 Regular Operating Expenses $ 9,930 Travel $ 14,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,600 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ 4,560 Telecommunications $ 3,550 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 297,351 State Funds Budgeted $ 20,872 Total Positions Budgeted 12 5. Service Contracts Budget: Personal Services $ 1,938,699 Regular Operating Expenses $ 1,508,509 Travel $ 2,300 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- Total Funds Budgeted $ 3,449,508 State Funds Budgeted $ 346,494 Total Positions Budgeted 115 Budget Unit Object Classes: Personal Services $ 3,849,557 Regular Operating Expenses $ 1,813,597 Travel $ 39,150 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 32,055 Equipment Purchases $ 10,900 Computer Charges $ -0- Real Estate Rentals $ 4,560 Telecommunications $ 58,233 Per Diem, Fees and Contracts $ 88,594 Military Assistance to Safety and Traffic Grant $ -0- National Guard Units Grants $ 312,000 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 40,000 Capital Outlay $ 98,100 Local Civil Defense Grants Training $ 32,000 Total Positions Budgeted 199 Authorized Motor Vehicles 20

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Section 19. State Board of Education Department of Education. A. Budget Unit: Department of Education $1,319,610,984 1. Instructional Services Budget: Personal Services $ 3,060,803 Regular Operating Expenses $ 131,568 Travel $ 267,461 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 201,526 Equipment Purchases $ 14,070 Real Estate Rentals $ 137,959 Telecommunications $ 93,382 Per Diem, Fees and Contracts $ 321,273 Utilities $ 7,689 Total Funds Budgeted $ 4,235,731 State Funds Budgeted $ 1,973,253 Total Positions Budgeted 123 2. Governor's Honors Program Budget: Personal Services $ 260,738 Regular Operating Expenses $ 33,098 Travel $ 3,575 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,600 Equipment Purchases $ 500 Real Estate Rentals $ 2,815 Telecommunications $ 4,800 Per Diem, Fees and Contracts $ 348,000 Total Funds Budgeted $ 655,126 State Funds Budgeted $ 655,126 Total Positions Budgeted 2 3. Vocational Education Budget: Personal Services $ 2,880,592 Regular Operating Expenses $ 169,355 Travel $ 242,487 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 72,211 Equipment Purchases $ 10,726 Real Estate Rentals $ 126,771 Telecommunications $ 85,516 Per Diem, Fees and Contracts $ 2,532,507 Utilities $ 11,088 Total Funds Budgeted $ 6,131,253 State Funds Budgeted $ 2,043,084 Total Positions Budgeted 110 4. Media Services Budget: Personal Services $ 3,359,809 Regular Operating Expenses $ 1,970,627 Travel $ 83,271 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200,996 Equipment Purchases $ 70,820 Real Estate Rentals $ 11,964 Telecommunications $ 67,611 Per Diem, Fees and Contracts $ 204,295 Utilities $ 330,678 Capital Outlay $ -0- Total Funds Budgeted $ 6,300,071 State Funds Budgeted $ 5,088,238 Total Positions Budgeted 180 5. Public Library Services Budget: Personal Services $ 963,936 Regular Operating Expenses $ 374,274 Travel $ 18,502 Publications and Printing $ 15,894 Equipment Purchases $ 318 Real Estate Rentals $ 120,298 Telecommunications $ 35,525 Per Diem, Fees and Contracts $ 180,087 Utilities $ 11,798 Total Funds Budgeted $ 1,720,632 State Funds Budgeted $ 799,817 Total Positions Budgeted 52 6. State Administration Budget: Personal Services $ 937,350 Regular Operating Expenses $ 182,049 Travel $ 50,879 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,556 Equipment Purchases $ 6,000 Real Estate Rentals $ 56,420 Telecommunications $ 25,277 Per Diem, Fees and Contracts $ 205,674 Total Funds Budgeted $ 1,484,205 State Funds Budgeted $ 1,123,720 Total Positions Budgeted 34 7. Administrative Services Budget: Personal Services $ 4,785,791 Regular Operating Expenses $ 242,854 Travel $ 355,212 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 173,593 Equipment Purchases $ 13,250 Computer Charges $ 810,087 Real Estate Rentals $ 260,232 Telecommunications $ 102,287 Per Diem, Fees and Contracts $ 98,700 Utilities $ 5,066 Total Funds Budgeted $ 6,847,072 Indirect DOAS Services Funding $ 130,000 State Funds Budgeted $ 4,427,603 Total Positions Budgeted $ 220 8. Certification of Public School Personnel Budget: Personal Services $ 508,123 Regular Operating Expenses $ 24,558 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,939 Equipment Purchases $ 675 Computer Charges $ -0- Real Estate Rentals $ 29,801 Telecommunications $ 14,000 Per Diem, Fees and Contracts $ 4,554 Total Funds Budgeted $ 590,150 State Funds Budgeted $ 558,838 Total Positions Budgeted 31 9. Planning and Development Budget: Personal Services $ 2,081,587 Regular Operating Expenses $ 73,669 Travel $ 113,718 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 66,150 Equipment Purchases $ 5,700 Real Estate Rentals $ 95,228 Telecommunications $ 47,821 Per Diem, Fees and Contracts $ 1,185,555 Total Funds Budgeted $ 3,669,428 State Funds Budgeted $ 2,938,617 Total Positions Budgeted 82 10. Professional Standards Commission Budget: Personal Services $ 52,691 Regular Operating Expenses $ 6,910 Travel $ 1,650 Publications and Printing $ 6,050 Equipment Purchases $ 175 Real Estate Rentals $ 4,284 Telecommunications $ 3,769 Per Diem, Fees and Contracts $ 45,190 Total Funds Budgeted $ 120,719 State Funds Budgeted $ 120,719 Total Positions Budgeted 2 11. Vocational Advisory Council Budget: Personal Services $ 76,924 Regular Operating Expenses $ 20,071 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,044 Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ 7,000 Telecommunications $ 5,043 Per Diem, Fees and Contracts $ 32,000 Total Funds Budgeted $ 168,082 State Funds Budgeted $ -0- Total Positions Budgeted 3 12. Professional Practices Commission Budget: Personal Services $ 176,694 Regular Operating Expenses $ 9,192 Travel $ 11,710 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,555 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 19,011 Telecommunications $ 5,721 Per Diem, Fees and Contracts $ 46,000 Total Funds Budgeted $ 269,883 State Funds Budgeted $ 216,757 Total Positions Budgeted 6 13. Local Programs Budget: APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) $ 541,572,390 Salaries of Instructional Personnel (Sec. 5) $ 90,836,201 Salaries of Instructional Personnel (Sec. 7) $ 20,737,494 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 22,853,206 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 64,479,476 Special Education Leadership Personnel (Sec. 21(d) (2)) $ 2,782,579 Instructional Media (Sec.13) $ 20,004,451 Instructional Equipment (Sec. 14) $ 690,079 Maintenance and Operation (Sec. 15) $ 89,764,765 Sick and Personal Leave (Sec. 16) $ 5,556,770 Travel (Sec. 17) $ 1,011,707 Pupil Transportation (Sec. 25) $ 73,982,232 Isolated Schools $ 470,344 Mid-Term Adjustment $ -0- Non-APEG Grants: Education of Children of Low-Income Families $ 88,977,609 Teacher Retirement $ 90,885,328 Instructional Services for the Handicapped $ 22,905,728 Preparation of Professional Personnel in Education of Handicapped Children $ 75,000 Tuition for the Multihandicapped $ 1,172,000 Severely Emotionally Disturbed $ 15,617,456 Compensatory Education $ 12,746,747 School Library Resources and Other Materials $ 4,062,878 School Lunch (Federal) $ 108,417,000 School Lunch (State) $ 14,560,000 Supplementary Education Centers and Services $ 2,359,716 Staff Development $ 925,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 3,499,884 Cooperative Educational Service Agencies $ 3,719,738 Superintendents' Salaries $ 4,546,327 High School Program $ 24,982,554 Area Vocational-Technical Schools $ 47,386,492 Career Education $ 325,162 Junior College Vocational Program $ 1,784,636 Quick Start Program $ 3,171,416 Comprehensive Employment and Training $ 3,647,196 Vocational Research and Curriculum $ 991,982 Adult Education $ 4,049,473 Salaries and Travel of Public Librarians $ 4,070,099 Public Library Materials $ 3,757,524 Talking Book Centers $ 666,258 Public Library Maintenance and Operation $ 2,501,483 Public Library Construction $ 587,000 Competency-Based High School Graduation Requirements $ 240,000 Instructional Aides $ 8,898,359 Teacher Health Insurance $ 31,732,574 Nutritional Education $ 370,733 Basic Skills $ 82,727 Capital Outlay (under 32-648a) $ 20,277,000 Grants to Local School Systems for Educational Purposes (Act 562) $ 75,000,000 Indo-Chinese Refugee $ 167,064 Salaries of Extended Pre-School Personnel $ 9,065,763 Area Vocational Technical School Construction $ 1,107,600 Total Funds Budgeted $ 1,554,075,200 State Funds Budgeted $ 1,299,665,212 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 19,145,038 Regular Operating Expenses $ 3,238,225 Travel $ 1,157,965 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 781,114 Equipment Purchases $ 127,234 Computer Charges $ 810,087 Real Estate Rentals $ 871,783 Telecommunications $ 490,752 Per Diem, Fees and Contracts $ 5,203,835 Utilities $ 366,319 Capital Outlay $ -0- APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10 (a) (2)) $ 541,572,390 Salaries of Instructional Personnel (Sec. 5) $ 90,836,201 Salaries of Instructional Personnel (Sec. 7) $ 20,737,494 Salaries of Student Supportive Personnel (Sec. 20 (a)) $ 22,853,206 Salaries of Administrative and Supervisory Personnel (Sec. 21) $ 64,479,476 Special Education Leadership Personnel (Sec. 21(d) (2)) $ 2,782,579 Instructional Media (Sec. 13) $ 20,004,451 Instructional Equipment (Sec. 14) $ 690,079 Maintenance and Operation (Sec. 15) $ 89,764,765 Sick and Personal Leave (Sec. 16) $ 5,556,770 Travel (Sec. 17) $ 1,011,707 Pupil Transportation Regular (Sec. 25) $ 73,982,232 Isolated Schools $ 470,344 Mid-Term Adjustment $ -0- Non-APEG Grants: Education of Children of Low-Income Families $ 88,977,609 Teacher Retirement $ 90,885,328 Instructional Services for the Handicapped $ 22,905,728 Preparation of Professional Personnel in Education of Handicapped Children $ 75,000 Tuition for the Multihandicapped $ 1,172,000 Severely Emotionally Disturbed $ 15,617,456 Compensatory Education $ 12,746,747 School Library Resources and Other Materials $ 4,062,878 School Lunch (Fed.) $ 108,417,000 School Lunch (State) $ 14,560,000 Supplementary Education Centers and Services $ 2,359,716 Staff Development $ 925,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 3,499,884 Cooperative Educational Service Areas $ 3,719,738 Superintendents Salaries $ 4,546,327 High School Program $ 24,982,554 Area School Program $ 47,386,492 Career Education $ 325,162 Junior College Program $ 1,784,636 Quick Start $ 3,171,416 Comprehensive Employment and Training $ 3,647,196 Vocational Research and Curriculum $ 991,982 Adult Education $ 4,049,473 Salaries and Travel of Public Librarians $ 4,070,099 Public Library Materials $ 3,757,524 Talking Book Centers $ 666,258 Public Library M O $ 2,501,483 Public Library Construction $ 587,000 Competency-Based High School Graduation Requirements $ 240,000 Instructional Aides $ 8,898,359 Teacher Health Insurance $ 31,732,574 Nutritional Education $ 370,733 Basic Skills $ 82,727 Capital Outlay (under 32-648a) $ 20,277,000 Grants to Local School Systems for Educational Purposes (Act 562) $ 75,000,000 Indo-Chinese Refugee $ 167,064 Salaries of Extended Pre-School Personnel $ 9,065,763 Area Vo-Tech School Construction $ 1,107,600 Total Positions Budgeted 845 Authorized Motor Vehicles 17 B. Budget Unit: Institutions $ 13,365,381 1. Georgia Academy for the Blind Budget: Personal Services $ 2,255,408 Regular Operating Expenses $ 227,411 Travel $ 4,958 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,845 Equipment Purchases $ 12,051 Telecommunications $ 12,413 Per Diem, Fees and Contracts $ 6,245 Utilities $ 116,011 Capital Outlay $ 151,500 Total Funds Budgeted $ 2,789,842 State Funds Budgeted $ 2,496,656 Total Positions Budgeted 154 2. Georgia School for the Deaf Budget: Personal Services $ 4,068,954 Regular Operating Expenses $ 553,090 Travel $ 9,686 Motor Vehicle Equipment Purchases $ 54,574 Publications and Printing $ 200 Equipment Purchases $ 22,596 Telecommunications $ 17,557 Per Diem, Fees and Contracts $ 20,250 Utilities $ 336,560 Capital Outlay $ 93,476 Total Funds Budgeted $ 5,176,943 State Funds Budgeted $ 4,760,074 Total Positions Budgeted 270 3. Atlanta Area School for the Deaf Budget: Personal Services $ 1,649,407 Regular Operating Expenses $ 172,887 Travel $ 6,533 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,517 Equipment Purchases $ 36,921 Telecommunications $ 14,884 Per Diem, Fees and Contracts $ 5,900 Utilities $ 100,749 Capital Outlay $ 33,720 Total Funds Budgeted $ 2,023,518 State Funds Budgeted $ 1,755,559 Total Positions Budgeted 97 4. North Georgia Vocational-Technical School Budget: Personal Services $ 2,211,121 Regular Operating Expenses $ 574,920 Travel $ 17,974 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,860 Equipment Purchases $ 57,418 Telecommunications $ 13,695 Per Diem, Fees and Contracts $ 2,500 Utilities $ 246,402 Capital Outlay $ -0- Total Funds Budgeted $ 3,129,890 State Funds Budgeted $ 2,302,408 Total Positions Budgeted 104 5. South Georgia Vocational-Technical School Budget: Personal Services $ 1,859,492 Regular Operating Expenses $ 464,017 Travel $ 16,083 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,070 Equipment Purchases $ 45,673 Telecommunications $ 20,647 Per Diem, Fees and Contracts $ 7,500 Utilities $ 227,036 Capital Outlay $ -0- Total Funds Budgeted $ 2,644,518 State Funds Budgeted $ 2,050,684 Total Positions Budgeted 94 Budget Unit Object Classes: Personal Services $ 12,044,382 Regular Operating Expenses $ 1,992,325 Travel $ 55,234 Motor Vehicle Equipment Purchases $ 54,574 Publications and Printing $ 16,492 Equipment Purchases $ 174,659 Telecommunications $ 79,196 Per Diem, Fees and Contracts $ 42,395 Utilities $ 1,026,758 Capital Outlay $ 278,696 Total Positions Budgeted 719 Authorized Motor Vehicles 80

Page 250

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, further, that for kindergarten programs, each system shall be allotted instructional units 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.

Page 251

Provided, that of the above appropriation relative to Kindergarten Transportation, funds shall initially be allotted to local school systems on the basis of one transportation unit ($10,883) for each 40 students. However, allotments shall not exceed actual cost of midday transportation by the local system. Provided, however, in order to extend the halfday program to a full-day service in lieu of midday transportation services, local systems may elect to use transportation allotments to employ aides or certificated instructional personnel on a reimbursable basis to the extent that the $10,883 per unit will allow. Where the transportation allotment is used to employ additional personnel, reimbursable costs shall include salary, retirement and health insurance where eligible. 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. 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.

Page 252

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 the intent of this General Assembly that local school systems have the authority to utilize increased maintenance and operation funds contained in this Appropriations Act in such a fashion as to accomplish de facto funding of Section 12 of the Adequate Program for Education in Georgia. Provided, that of the above appropriation for APEG Grants, it is the intent of this General Assembly that funds are included for allotment of instructional units under Section 10 for grades 1 - 2, at a ratio of 1:20 students in average daily attendance. Provided, 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 $925,000 for Staff Development, $92,500 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. Provided, that of the above appropriations relative to Sections 5, 7, 10, 20, 21, and 21(c)(2) of APEG for salaries, funds may be moved between said Sections by an amendment to the annual operating budget during the month of June with the prior approval of the Office of Planning and Budget.

Page 253

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 3 through 8 and shall be used for remedial purposes only. Provided, however, where a local system Compensatory Education Plan justifies the need, the State Board of Education may approve usage of these funds for remedial purposes in grades 1 and 2. Provided, that the funds appropriated herein for local school construction shall be used to complete the funding of those projects for which F.Y. 1981 entitlements were sufficient to cover eligible projects (pursuant to Section 48 of APEG), based on a total state entitlement of $100 million for F.Y. 1981. Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 90,000 Employees' Retirement System Budget: Personal Services $ 533,000 Regular Operating Expenses $ 15,020 Travel $ 8,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 4,500 Computer Charges $ 196,350 Real Estate Rentals $ 48,130 Telecommunications $ 9,718 Per Diem, Fees and Contracts $ 370,663 Postage $ 35,000 Cost-of-Living Increases-Other Retirees $ 70,000 Total Funds Budgeted $ 1,303,381 State Funds Budgeted $ 90,000 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 533,000 Regular Operating Expenses $ 15,020 Travel $ 8,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 4,500 Computer Charges $ 196,350 Real Estate Rentals $ 48,130 Telecommunications $ 9,718 Per Diem, Fees and Contracts $ 370,663 Postage $ 35,000 Cost-of-Living Increases-Other Retirees $ 70,000 Total Positions Budgeted 28 Authorized Motor Vehicles 1

Page 254

Section 21. Forestry Commission. Budget Unit: Forestry Commission $ 20,545,423 1. Reforestation Budget: Personal Services $ 707,707 Regular Operating Expenses $ 688,179 Travel $ 4,963 Motor Vehicle Equipment Purchases $ 21,970 Publications and Printing $ 3,324 Equipment Purchases $ 13,214 Computer Charges $ 14,437 Real Estate Rentals $ -0- Telecommunications $ 9,376 Per Diem, Fees and Contracts $ 82,132 Capital Outlay $ 517,000 Total Funds Budgeted $ 2,062,302 State Funds Budgeted $ 865,302 Total Positions Budgeted 31 2. Field Services Budget: Personal Services $ 14,563,597 Regular Operating Expenses $ 3,554,717 Travel $ 88,268 Motor Vehicle Equipment Purchases $ 645,903 Publications and Printing $ 29,625 Equipment Purchases $ 1,122,147 Computer Charges $ 35,970 Real Estate Rentals $ 13,152 Telecommunications $ 419,028 Per Diem, Fees and Contracts $ 39,443 Ware County Grant $ 60,000 Capital Outlay $ 135,800 Total Funds Budgeted $ 20,707,650 State Funds Budgeted $ 17,988,070 Total Positions Budgeted 807 3. General Administration and Support Budget: Personal Services $ 650,087 Regular Operating Expenses $ 91,384 Travel $ 18,254 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 39,489 Equipment Purchases $ 5,656 Computer Charges $ 73,944 Real Estate Rentals $ -0- Telecommunications $ 17,500 Per Diem, Fees and Contracts $ 4,137 Contractual Research $ 420,990 Herty Foundation $ -0- Total Funds Budgeted $ 1,321,441 State Funds Budgeted $ 1,292,051 Total Positions Budgeted 25 4. Wood Energy Budget: Wood Energy Program $ 400,000 Total Funds Budgeted $ 400,000 State Funds Budgeted $ 400,000 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 15,921,391 Regular Operating Expenses $ 4,334,280 Travel $ 111,485 Motor Vehicle Equipment Purchases $ 667,873 Publications and Printing $ 72,438 Equipment Purchases $ 1,141,017 Computer Charges $ 124,351 Real Estate Rentals $ 13,152 Telecommunications $ 445,904 Per Diem, Fees and Contracts $ 125,712 Contractual Research $ 420,990 Ware County Grant $ 60,000 Herty Foundation $ -0- Wood Energy Program $ 400,000 Capital Outlay $ 652,800 Total Positions Budgeted 867 Authorized Motor Vehicles 751

Page 256

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 $450,000 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. 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 $ 16,352,345 1. General Administration Budget: Personal Services $ 494,215 Regular Operating Expenses $ 26,570 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 1,050 Computer Charges $ -0- Real Estate Rentals $ 31,777 Telecommunications $ 21,250 Per Diem, Fees and Contracts $ 3,200 Postage $ 4,900 Capital Outlay $ -0- Total Funds Budgeted $ 590,462 State Funds Budgeted $ 590,462 Total Positions Budgeted 23 2. Investigative Division Budget: Personal Services $ 6,358,476 Regular Operating Expenses $ 1,053,159 Travel $ 295,730 Motor Vehicle Equipment Purchases $ 358,708 Publications and Printing $ 20,500 Equipment Purchases $ 45,975 Computer Charges $ 700 Real Estate Rentals $ 102,872 Telecommunications $ 207,488 Per Diem, Fees and Contracts $ 9,382 Evidence Purchased $ 145,000 Postage $ 8,100 Capital Outlay $ 45,000 Total Funds Budgeted $ 8,651,090 State Funds Budgeted $ 8,651,090 Total Positions Budgeted 230 3. Forensic Sciences Division Budget: Personal Services $ 2,176,178 Regular Operating Expenses $ 409,460 Travel $ 25,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 50,000 Computer Charges $ 99,436 Real Estate Rentals $ 11,190 Telecommunications $ 80,400 Per Diem, Fees and Contracts $ 500 Postage $ 17,200 Capital Outlay $ -0- Total Funds Budgeted $ 2,874,364 State Funds Budgeted $ 2,874,364 Total Positions Budgeted 89 4. Georgia Crime Information Center Budget: Personal Services $ 1,699,305 Regular Operating Expenses $ 95,056 Travel $ 9,000 Motor Vehicle Equipment Purchases $ 6,000 Publications and Printing $ 40,000 Equipment Purchases $ 1,160 Computer Charges $ 1,877,808 Real Estate Rentals $ 3,600 Telecommunications $ 482,000 Per Diem, Fees and Contracts $ 2,500 Postage $ 20,000 Total Funds Budgeted $ 4,236,429 State Funds Budgeted $ 4,236,429 Total Positions Budgeted 97 Budget Unit Object Classes: Personal Services $ 10,728,174 Regular Operating Expenses $ 1,584,245 Travel $ 334,730 Motor Vehicle Equipment Purchases $ 364,708 Publications and Printing $ 68,000 Equipment Purchases $ 98,185 Computer Charges $ 1,977,944 Real Estate Rentals $ 149,439 Telecommunications $ 791,138 Per Diem, Fees and Contracts $ 15,582 Evidence Purchased $ 145,000 Postage $ 50,200 Capital Outlay $ 45,000 Total Positions Budgeted 439 Authorized Motor Vehicles 254

Page 258

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.

Page 259

Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission $ -0- Departmental Operations Budget: Personal Services $ 840,062 Regular Operating Expenses $ 30,980 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 1,500 Computer Charges $ 18,000 Real Estate Rentals $ 56,461 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 110,000 Total Funds Budgeted $ 1,081,003 State Funds Budgeted $ -0- Total Positions Budgeted 30 Budget Unit Object Classes: Personal Services $ 840,062 Regular Operating Expenses $ 30,980 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 1,500 Computer Charges $ 18,000 Real Estate Rentals $ 56,461 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 110,000 Total Positions Budgeted 30 Authorized Motor Vehicles 0 It is the intent of this General Assembly that the allocation of General Obligation Bonds proceeds for the following project for the Department of Industry and Trade authorized in Section 46 of this Act, shall be approximately as listed hereunder, if and when bonds are issued to finance the construction of such project: Expansion of Georgia World Congress Center in Atlanta $ 83,000,000

Page 260

It is the intent of this General Assembly that none of the General Obligation Bonds authorized in this Appropriations Act shall be for a term of more than twenty years. Section 24. Office of the Governor. A. Budget Unit: Governor's Office $ 4,354,032 1. Governor's Office Budget: Cost of Operations $ 1,587,999 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,300,000 Intern Stipends and Travel $ 112,798 Total Funds Budgeted $ 4,040,797 State Funds Budgeted $ 4,010,797 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 $ 329,381 Regular Operating Expenses $ 12,668 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment Purchases $ 1,100 Computer Charges $ -0- Real Estate Rentals $ 20,132 Telecommunications $ 10,459 Per Diem, Fees and Contracts $ 23,995 Total Funds Budgeted $ 413,235 State Funds Budgeted $ 343,235 Total Positions Budgeted 15 Budget Unit Object Classes: Cost of Operations $ 1,587,999 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,300,000 Intern Stipends and Travel $ 112,798 Personal Services $ 329,381 Regular Operating Expenses $ 12,668 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment Purchases $ 1,100 Computer Charges $ -0- Real Estate Rentals $ 20,132 Telecommunications $ 10,459 Per Diem, Fees and Contracts $ 23,995 Total Positions Budgeted 15 Authorized Motor Vehicles 1 B. Budget Unit: Office of Planning and Budget $ 6,786,184 1. General Administration and Support Budget: Personal Services $ 441,786 Regular Operating Expenses $ 87,430 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,000 Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ 172,476 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 146,000 Total Funds Budgeted $ 899,692 State Funds Budgeted $ 808,135 Total Positions Budgeted 15 2. Council of the Arts Budget: Personal Services $ 138,178 Regular Operating Expenses $ 8,853 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,100 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 18,716 Telecommunications $ 7,500 Per Diem, Fees and Contracts $ 8,000 Art Grants - State Funds $ 1,392,806 Art Grants - Federal Funds $ 595,000 Art Grants - Donations $ 35,000 Total Funds Budgeted $ 2,216,153 State Funds Budgeted $ 1,586,153 Total Positions Budgeted 8 3. Educational Development Budget: Personal Services $ 282,663 Regular Operating Expenses $ 1,300 Travel $ 8,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,600 Per Diem, Fees and Contracts $ 8,000 Total Funds Budgeted $ 305,763 State Funds Budgeted $ 305,763 Total Positions Budgeted 9 4. Intergovernmental Relations Budget: Personal Services $ 201,986 Regular Operating Expenses $ 3,597 Travel $ 29,604 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ 1,200 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 10,000 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 248,687 State Funds Budgeted $ 248,687 Total Positions Budgeted 7 5. Management Review Budget: Personal Services $ 571,223 Regular Operating Expenses $ 1,750 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,190 Computer Charges $ 27,000 Real Estate Rentals $ -0- Telecommunications $ 8,000 Per Diem, Fees and Contracts $ 1,300 Total Funds Budgeted $ 617,463 State Funds Budgeted $ 617,463 Total Positions Budgeted 21 6. Human Development Budget: Personal Services $ 344,724 Regular Operating Expenses $ 200 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,900 Per Diem, Fees and Contracts $ 7,000 Total Funds Budgeted $ 362,324 State Funds Budgeted $ 362,324 Total Positions Budgeted 11 7. Office of Consumer Affairs: Personal Services $ 932,070 Regular Operating Expenses $ 50,065 Travel $ 15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,500 Equipment Purchases $ 1,500 Computer Charges $ 25,000 Real Estate Rentals $ 56,062 Telecommunications $ 102,000 Per Diem, Fees and Contracts $ 7,000 Total Funds Budgeted $ 1,195,197 State Funds Budgeted $ 853,297 Total Positions Budgeted 44 8. State Energy Office Budget: Personal Services $ 290,171 Regular Operating Expenses $ 28,000 Travel $ 35,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 70,000 Equipment Purchases $ -0- Computer Charges $ 8,700 Real Estate Rentals $ -0- Telecommunications $ 17,000 Per Diem, Fees and Contracts $ 4,530,000 Total Funds Budgeted $ 4,978,871 State Funds Budgeted $ 280,546 Total Positions Budgeted 16 9. Governor's Committee on Post-Secondary Education Budget: Personal Services $ 134,574 Regular Operating Expenses $ 7,610 Travel $ 3,680 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,470 Equipment Purchases $ -0- Computer Charges $ 3,100 Real Estate Rentals $ 8,110 Telecommunications $ 3,300 Per Diem, Fees and Contracts $ 13,500 Total Funds Budgeted $ 179,344 State Funds Budgeted $ 89,282 Total Positions Budgeted 4 10. Facilities Management Budget: Personal Services $ 103,597 Regular Operating Expenses $ 300 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 1,000 Computer Charges $ 169,000 Real Estate Rentals $ -0- Telecommunications $ 3,000 Per Diem, Fees and Contracts $ 85,000 Total Funds Budgeted $ 368,897 State Funds Budgeted $ 368,897 Total Positions Budgeted 3 11. Physical and Economic Development Budget: Personal Services $ 376,657 Regular Operating Expenses $ 5,000 Travel $ 19,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 1,000 Computer Charges $ 12,000 Real Estate Rentals $ -0- Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 70,000 Total Funds Budgeted $ 499,657 State Funds Budgeted $ 339,657 Total Positions Budgeted 14 12. General Government and Protection of Persons and Property Budget: Personal Services $ 351,693 Regular Operating Expenses $ 1,800 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 366,993 State Funds Budgeted $ 366,993 Total Positions Budgeted 11 13. Consumer's Utility Counsel Budget: Personal Services $ 276,510 Regular Operating Expenses $ 11,706 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 900 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 13,000 Telecommunications $ 5,700 Per Diem, Fees and Contracts $ 30,000 Total Funds Budgeted $ 344,816 State Funds Budgeted $ 344,816 Total Positions Budgeted 13 14. Criminal Justice Coodinating Council Budget: Personal Services $ 157,106 Regular Operating Expenses $ 11,750 Travel $ 8,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 6,875 Telecommunications $ 5,500 Per Diem, Fees and Contracts $ 14,240 Total Funds Budgeted $ 214,171 State Funds Budgeted $ 214,171 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 4,602,938 Regular Operating Expenses $ 219,361 Travel $ 165,084 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 137,270 Equipment Purchases $ 8,990 Computer Charges $ 244,800 Real Estate Rentals $ 275,239 Telecommunications $ 199,500 Per Diem, Fees and Contracts $ 4,922,040 Art Grants - State Funds $ 1,392,806 Art Grants - Federal Funds $ 595,000 Art Grants - Donations $ 35,000 Total Positions Budgeted 181 Authorized Motor Vehicles 0

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Provided, however, that of the above appropriation relative to Art Grants - State Funds, not less than 95% of $1,392,806 is designated and committed for Grants to Counties, Cities and Non-Profit Organizations in the State of Georgia. Section 25. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities $ 6,801,631 1. Grants to Counties $ 2,600,000 Total Funds Budgeted $ 2,600,000 State Funds Budgeted $ 2,600,000 2. Grants to Municipalities $ 4,201,631 Total Funds Budgeted $ 4,201,631 State Funds Budgeted $ 4,201,631 Budget Unit Object Classes: Grants to Counties $ 2,600,000 Grants to Municipalities $ 4,201,631 Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter. Section 26. Department of Human Resources. A. Budget Unit: Departmental Operations $ 211,434,061 1. General Administration and Support Budget: Personal Services $ 12,596,029 Regular Operating Expenses $ 820,982 Travel $ 545,758 Motor Vehicle Equipment Purchases $ 22,500 Publications and Printing $ 117,880 Equipment Purchases $ 86,175 Computer Charges $ 789,582 Real Estate Rentals $ 2,682,375 Telecommunications $ 581,790 Per Diem, Fees and Contracts $ 2,396,567 Utilities $ 141,120 Postage $ 514,885 Capital Outlay $ -0- Total Funds Budgeted $ 21,295,643 Indirect DOAS Services Funding $ 610,592 Indirect GBA Funding -0- Agency Funds $ 11,073,794 Title XX Funds $ 57,191 State Funds Budgeted $ 9,554,066 Total Positions Budgeted 636 Authorized Motor Vehicles 7

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General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioner's Office $ 589,539 $ 589,539 18 Child Care Licensing $ 1,212,876 $ 1,039,361 56 Laboratory Improvement $ 477,859 $ 330,859 19 Child Support Recovery $ 6,107,305 $ 389,337 195 Contract Management $ 186,647 $ 186,647 7 Public Affairs $ 316,404 $ 316,404 12 Office of Administrative Appeals $ 580,216 $ 580,216 22 Health Care Facilities Regulations $ 1,763,976 $ 651,021 64 Radiological Health $ 394,408 $ 394,408 14 Administrative Policy, Coordination and Direction $ 143,045 $ 143,045 4 Personnel $ 1,461,725 $ 1,405,525 70 Administrative Support Services $ 1,917,490 $ 1,690,255 52 Office of Review and Investigation $ 1,265,255 $ 309,255 43 Systems Planning, Development and Training $ 263,068 $ 263,068 9 Program Analysis $ 113,986 $ 113,986 5 Electronic Data Processing, Planning and Coordination $ 418,116 $ 150,500 0 Facilities Management $ 2,861,944 $ 2,094,964 8 Regulatory ServicesProgram Direction and Support $ 446,983 $ 446,983 15 MH/MR Advisory Council $ 46,691 $ 46,691 1 Council on Family Planning $ 76,615 $ 11,610 2 Developmental Disabilities $ 273,484 $ -0- 9 Council on Maternal and Infant Health $ 79,657 $ 79,657 3 Community and Intergovernmental Affairs $ 298,354 $ 298,354 8 Indirect Cost $ -0- $ (1,977,619) 0 Undistributed $ -0- $ -0- 0 Total $ 21,295,643 $ 9,554,066 636

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2. Financial Management Budget: Personal Services $ 4,779,385 Regular Operating Expenses $ 129,708 Travel $ 192,125 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,005 Equipment Purchases $ 24,590 Computer Charges $ -0- Real Estate Rentals $ 3,500 Telecommunications $ -0- Per Diem, Fees and Contracts $ 150,000 Utilities $ -0- Postage $ 33,100 Institutional Repairs and Maintenance $ 500,000 Total Funds Budgeted $ 5,833,413 Title XX Funds $ -0- Agency Funds $ 1,901,961 State Funds Budgeted $ 3,931,452 Total Positions Budgeted 236 Authorized Motor Vehicles 0 Financial Management Functional Budgets Total Funds State Funds Pos. Budget Administration $ 1,535,349 $ 1,535,349 37 Accounting Services $ 2,583,641 $ 2,583,641 138 Auditing Services $ 1,714,423 $ 1,714,423 61 Indirect Cost $ -0- $ (1,901,961) 0 Undistributed $ -0- $ -0- 0 Total $ 5,833,413 $ 3,931,452 236

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3. Special Programs: Personal Services $ 2,505,819 Regular Operating Expenses $ 14,162,499 Travel $ 127,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 103,180 Equipment Purchases $ 3,390 Computer Charges $ 286,968 Real Estate Rentals $ 9,223 Telecommunications $ 57,935 Per Diem, Fees and Contracts $ 24,758,308 Menninger Group Homes $ 85,000 Contract Georgia Advocacy Office, Inc $ 215,000 Grant Savannah Speech and Hearing Center $ 39,947 Utilities $ -0- Postage $ 21,875 Benefits for Child Care $ 610,300 Total Funds Budgeted $ 42,986,894 Title XX Funds $ 4,745,052 Indirect DOAS Services Funding $ 44,143 Agency Funds $ 33,046,759 State Funds Budgeted $ 5,150,940 Total Positions Budgeted 116 Authorized Motor Vehicles 111 Special Programs Functional Budgets Total Funds State Funds Pos. State Economic Opportunity Office $ 304,162 $ 140,566 10 District Programs, Director's Office $ 531,158 $ 497,532 21 Child Development Administration $ 1,122,283 $ 336,460 42 Child Development Contracts - Foster Care $ 285,035 $ 8,641 Special Projects $ 911,779 $ 627,847 3 Child Development Contracts Day Care $ 19,054,213 $ 2,066,431 0 Child Development Contracts Home Management $ 268,246 $ 26,640 0 Child Development Contracts Outreach $ 629,408 $ 75,598 0 Information and Referral $ 325,340 $ 325,340 0 Troubled Children Benefits $ 695,300 $ 695,300 0 Council on Aging $ 47,167 $ 47,167 1 Energy Assistance $ 17,714,352 $ -0- 4 Title XX Administration $ 1,088,451 $ 303,418 35 Undistributed $ -0- $ -0- 0 Total $ 42,986,894 $ 5,150,940 116

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4. Public Health Program Direction and Support Budget: Personal Services $ 2,244,669 Regular Operating Expenses $ 170,584 Travel $ 54,779 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,560 Equipment Purchases $ 7,000 Computer Charges $ 386,778 Real Estate Rentals $ -0- Telecommunications $ 182,200 Per Diem, Fees and Contracts $ 101,110 Utilities $ -0- Postage $ 1,450 Total Funds Budgeted $ 3,197,130 Indirect DOAS Services Funding $ 568,978 Agency Funds $ 296,260 State Funds Budgeted $ 2,331,892 Total Positions Budgeted 114 Authorized Motor Vehicles 0

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Public Health Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 521,246 $ 342,246 8 Employee's Health $ 241,228 $ 149,328 9 Primary Health Care $ 302,470 $ 299,270 10 Health Program Management $ 700,215 $ 528,655 27 Vital Records $ 891,045 $ 876,045 53 Health Services Research $ 540,926 $ 136,348 7 Undistributed $ -0- $ -0- 0 Total $ 3,197,130 $ 2,331,892 114 5. Public Health Family Health Budget: Personal Services $ 5,499,369 Regular Operating Expenses $ 2,436,021 Travel $ 278,686 Motor Vehicle Equipment Purchases $ 7,755 Publications and Printing $ 111,800 Equipment Purchases $ 4,120 Computer Charges $ 154,770 Real Estate Rentals $ 9,660 Telecommunications $ 56,370 Per Diem, Fees and Contracts $ 6,030,360 Utilities $ -0- Postage $ 23,450 Regional Grants for Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 3,150,000 Kidney Disease Benefits $ 550,000 Cancer Control Benefits $ 1,890,000 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 Cancer Research $ 106,000 Contract with Emory University for Arthritis Research $ 188,850 Contract for Scoliosis Screening $ 15,000 Family Planning Benefits $ 226,530 Total Funds Budgeted $ 24,782,741 Indirect DOAS Services Funding $ 11,350 Agency Funds $ 10,679,108 State Funds Budgeted $ 14,092,283 Total Positions Budgeted 242 Authorized Motor Vehicles 4

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Public Health-Family Health Functional Budgets Budgets Total Funds State Funds Pos. Family Health Management $ 5,713,057 $ 290,725 23 Cancer Control $ 2,510,496 $ 2,282,496 6 Crippled Children $ 4,672,503 $ 2,468,113 60 Immunization $ 489,128 $ -0- 17 Maternal Health $ 236,382 $ 236,382 6 Sexually Transmitted Diseases $ 184,357 $ 184,357 12 Infant and Child Health $ 4,564,744 $ 4,517,744 12 Diabetes $ 243,495 $ 63,130 5 Chronic Disease $ 1,443,682 $ 1,443,682 22 Coordination, Education, Prevention $ 575,997 $ -0- 10 Malnutrition $ 584,479 $ -0- 18 Stroke and Heart Attack Prevention $ 143,177 $ 136,177 6 Family Planning $ 756,329 $ 51,193 13 Epidemiology $ 1,366,496 $ 1,309,871 11 Dental Health $ 68,051 $ 68,051 3 Community Tuberculosis Control $ 1,048,562 $ 1,040,362 24 Crippled Children SSI $ 181,806 $ -0- 0 Undistributed $ -0- $ -0- 0 Total $ 24,782,741 $ 14,092,283 242

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6. Public Health - Community Health Budget: Personal Services $ 3,110,290 Regular Operating Expenses $ 443,129 Travel $ 51,971 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 43,015 Equipment Purchases $ 43,950 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,000 Per Diem, Fees and Contracts $ 324,267 Utilities $ -0- Postage $ 11,950 Total Funds Budgeted $ 4,032,572 Indirect DOAS Services Funding $ 4,000 Agency Funds $ 394,863 State Funds Budgeted $ 3,633,709 Total Positions Budgeted 152 Authorized Motor Vehicles 1 Public Health - Community Health Functional Budgets Total Funds State Funds Pos. Occupational and Radiological Health $ 348,045 $ 222,378 7 Laboratory Services $ 3,088,979 $ 2,888,783 129 Emergency Health $ 595,548 $ 522,548 16 Undistributed $ -0- $ -0- 0 Total $ 4,032,572 $ 3,633,709 152 7. Public Health - Local Services Budget: Personal Services $ 12,054,764 Regular Operating Expenses $ 22,486,673 Travel $ 484,923 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 31,590 Equipment Purchases $ 58,710 Real Estate Rentals $ 160,575 Telecommunications $ 145,650 Per Diem, Fees and Contracts $ 4,836,441 Utilities $ 6,350 Postage $ 26,395 Contract - Macon-Bibb County Hospital Authority $ 1,050,000 Grant to Counties for Metabolic Disorders Screening and Treatment $ 42,800 Family Planning Benefits $ 75,000 Midwifery Program Benefits $ 175,000 Crippled Children Benefits $ 1,162,625 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 $ 97,300 Grant for Chatham County Mental Retardation Project $ 92,800 Grant-In-Aid to Counties $ 29,856,694 Total Funds Budgeted $ 76,545,770 Indirect DOAS Services Funding $ 130,470 Agency Funds $ 38,720,980 Title XX Funds $ 225,000 State Funds Budgeted $ 37,469,320 Total Positions Budgeted 563 Authorized Motor Vehicles 2

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Public Health - Local Services Functional Budgets Total Funds State Funds Pos. Minimum Foundation $ 7,090,589 $ 6,674,089 224 Grant-In-Aid to Counties $ 26,807,153 $ 22,150,3201 0 Stroke and Heart Attack Prevention $ 1,146,208 $ 615,008 20 Family Planning $ 5,551,208 $ 1,045,643 183 Sickle Cell, Vision and Hearing $ 341,982 $ 341,892 15 Sexually Transmitted Diseases $ 1,061,688 $ 95,270 29 High Risk Pregnant Women and Their Infants $ 3,910,273 $ 3,836,273 19 Newborn Follow-Up Care $ 284,694 $ 284,694 12 District Dental $ 915,839 $ 898,324 18 Teenage Pregnancy Prevention $ 250,000 $ 250,000 District Crippled Children $ 2,133,187 $ 1,277,807 33 Mental Retardation Projects $ 190,100 $ -0- 0 Malnutrition $ 26,862,939 $ -0- 10 Undistributed $ -0- $ -0- 0 Total $ 76,545,770 $ 37,469,320 563

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8. Mental Health - Program Direction and Support Budget: Personal Services $ 3,483,197 Regular Operating Expenses $ 183,814 Travel $ 169,246 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,300 Equipment Purchases $ 7,000 Computer Charges $ 760,780 Real Estate Rentals $ -0- Telecommunications $ 164,300 Per Diem, Fees and Contracts $ 489,807 Utilities $ 2,500 Postage $ 2,700 Total Funds Budgeted $ 5,313,644 Title XX Funds $ 128,750 Indirect DOAS Services Funding $ 997,287 Agency Funds $ 942,258 State Funds Budgeted $ 3,245,349 Total Positions Budgeted 145

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Mental Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration $ 2,593,681 $ 1,612,1094 63 Special Projects and Contracts $ 400,600 $ -0- 9 Program Coordination $ 2,142,275 $ 1,633,155 66 Central Lab $ 177,088 $ -0- 7 Undistributed $ -0- $ -0- 0 Total $ 5,313,644 $ 3,245,349 145 9. 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 $ 410,000 Utilities $ -0- Postage $ -0- W.I.N. Benefits $ 802,357 Grants to Fulton County for 24-hour Emergency Social Services $ 171,434 Benefits for Child Care $ 8,695,517 Homemaker Meals $ 111,202 Chatham County Homemaker Project $ 471,879 Douglas County Homemaker Project $ 124,000 Fulton County Homemaker Project $ 320,286 Total Funds Budgeted $ 11,106,675 Agency Funds $ 5,444,114 Title XX Funds $ 274,419 State Funds Budgeted $ 5,388,142 Total Positions Budgeted 0

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Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Work Incentive Benefits $ 802,357 $ 127,357 0 Grants to Fulton County for 24-hour Emergency Social Services $ 171,434 $ 171,434 0 Legal Services $ 410,000 $ 312,081 0 AFDC - Family Foster Care $ 2,499,472 $ 839,308 0 AFDC - Institutional Foster Care $ 806,447 $ 270,812 0 Specialized Foster Care $ 53,564 $ 53,564 0 Child Welfare - Family Foster Care $ 4,032,118 $ 2,545,326 0 Adoption Supplement $ 220,000 $ 220,000 0 Non-AFDC Institutional Foster Care $ 242,157 $ 242,157 0 Liability Insurance $ 15,400 $ 15,400 0 Emergency Shelter Care $ 84,070 $ 84,070 0 Day Care $ 547,960 $ 127,960 0 Psychiatric, Psychological and Speech Therapy $ 128,064 $ 105,564 0 Maternity Care $ 59,265 $ 26,057 0 Return of Runaways - County $ 7,000 $ 7,000 0 Homemaker Projects $ 1,027,367 $ 240,052 0 Undistributed $ -0- $ -0- 0 Total $ 11,106,675 $ 5,388,142 0

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10. Youth Services - Program Direction and Support: Personal Services $ 715,930 Regular Operating Expenses $ 15,000 Travel $ 17,963 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 19,000 Per Diem, Fees and Contracts $ 2,500 Utilities $ -0- Postage $ -0- Benefits for Child Care $ -0- Total Funds Budgeted $ 774,393 Indirect DOAS Services Funding $ -0- Agency Funds $ -0- State Funds Budgeted $ 774,393 Total Positions Budgeted 29 Authorized Motor Vehicles 0 11. Services to the Aged Budget: Personal Services $ 1,057,921 Regular Operating Expenses $ 26,029 Travel $ 52,809 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,465 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 3,951 Telecommunications $ 27,865 Per Diem, Fees and Contracts $ 20,965,352 Utilities $ -0- Postage $ 500 Total Funds Budgeted $ 22,142,892 Title XX Funds $ 1,030,144 Agency Funds $ 19,297,042 State Funds Budgeted $ 1,815,706 Total Positions Budgeted 41 Authorized Motor Vehicles 224

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Services to the Aged Functional Budgets Total Funds State Funds Pos. Title XX Adult Services $ 4,468,397 $ 711,795 0 Administration and Planning $ 2,512,140 $ 416,181 41 Nutrition Grants $ 9,426,756 $ 437,730 0 Areawide Grants $ 5,735,599 $ 250,000 0 Undistributed $ -0- $ -0- 0 Total $ 22,142,892 $ 1,815,706 41 12. Vocational Rehabilitation - Program Direction and Support Budget: Personal Services $ 1,349,288 Regular Operating Expenses $ 88,879 Travel $ 75,579 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,185 Equipment Purchases $ 3,500 Computer Charges $ 433,420 Real Estate Rentals $ -0- Telecommunications $ 27,450 Per Diem, Fees and Contracts $ 268,245 Utilities $ -0- Postage $ 2,000 E.S.R.P. Case Services $ 150,000 Grants for Nephrology Centers $ 228,750 Total Funds Budgeted $ 2,650,296 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,716,460 State Funds Budgeted $ 933,836 Total Positions Budgeted 54

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Vocational Rehabilitation - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 1,856,149 $ 541,571 45 Grants Management $ 794,147 $ 392,265 9 Undistributed $ -0- $ -0- 0 Total $ 2,650,296 $ 933,836 54 13. Vocational Rehabilitation - Facilities Budget: Personal Services $ 3,027,072 Regular Operating Expenses $ 297,321 Travel $ 20,997 Motor Vehicle Equipment Purchases $ 40,200 Publications and Printing $ 700 Equipment Purchases $ 29,060 Computer Charges $ -0- Real Estate Rentals $ 127,900 Telecommunications $ 34,050 Per Diem, Fees and Contracts $ 105,300 Utilities $ 58,950 Postage $ 3,825 Capital Outlay $ -0- Case Services $ -0- Total Funds Budgeted $ 3,745,375 Indirect DOAS Services Funding $ -0- Agency Funds $ 2,856,331 Title XX Funds $ -0- State Funds Budgeted $ 889,044 Total Positions Budgeted 167 Authorized Motor Vehicles 19

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Vocational Rehabilitation - Facilities Functional Budgets Total Funds State Funds Pos. Youth Development Center - V. R. Unit $ 327,796 $ 78,104 15 Atlanta Rehabilitation Center $ 1,843,334 $ 447,290 76 Alto Rehabilitation Center $ 241,397 $ 60,706 12 Cave Spring Rehabilitation Center $ 338,959 $ 79,146 18 Central Rehabilitation Center $ 641,290 $ 136,389 27 Georgia Vocational Adjustment Center - Gracewood $ 352,599 $ 87,409 19 Undistributed $ -0- $ -0- 0 Total $ 3,745,375 $ 889,044 167 14. Roosevelt Warm Springs Rehabilitation Institute: Personal Services $ 6,678,993 Regular Operating Expenses $ 1,224,049 Travel $ 44,143 Motor Vehicle Equipment Purchases $ 33,355 Publications and Printing $ 15,900 Equipment Purchases $ 70,465 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 117,670 Per Diem, Fees and Contracts $ 581,950 Utilities $ 400,000 Postage $ 11,800 Case Services $ 25,000 Capital Outlay $ 600,000 Operations $ -0- Total Funds Budgeted $ 9,803,325 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 5,658,085 State Funds Budgeted $ 4,095,240 Total Positions Budgeted 404 Authorized Motor Vehicles 23

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Roosevelt Warm Springs Rehabilitation Institute - Functional Budgets Total Funds State Funds Pos. Administration $ 4,044,886 $ 2,421,186 128 Rehabilitation Services $ 4,696,093 $ 965,603 234 Instruction $ 383,906 $ 30,011 16 Independent Living $ 540,684 $ 540,684 21 Research/Training $ 137,756 $ 137,756 5 Undistributed $ -0- $ -0- 0 Total $ 9,803,325 $ 4,095,240 404

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15. Georgia Factory for the Blind Budget: Personal Services $ 2,414,514 Regular Operating Expenses $ 4,679,177 Travel $ 53,478 Motor Vehicle Equipment Purchases $ 153,500 Publications and Printing $ 3,200 Equipment Purchases $ 223,200 Computer Charges $ -0- Real Estate Rentals $ 8,400 Telecommunications $ 23,640 Per Diem, Fees and Contracts $ 110,000 Utilities $ 85,000 Postage $ 5,800 Capital Outlay $ 185,040 Case Services $ 225,000 Total Funds Budgeted $ 8,169,949 Agency Funds $ 7,452,852 State Funds Budgeted $ 717,097 Total Positions Budgeted 44 Authorized Motor Vehicles 14 Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 7,085,040 $ 185,040 8 Supervision $ 357,097 $ 357,097 19 Business Enterprise Vending Stand Project $ 727,812 $ 174,960 17 Undistributed $ -0- $ -0- 0 Total $ 8,169,949 $ 717,097 44 16. Vocational Rehabilitation - Services Budget: Personal Services $ 13,711,891 Regular Operating Expenses $ 458,940 Travel $ 432,754 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,700 Equipment Purchases $ 18,500 Computer Charges $ -0- Real Estate Rentals $ 611,758 Telecommunications $ 351,300 Per Diem, Fees and Contracts $ 306,860 Utilities $ 65,520 Postage $ 73,105 Contract with Vocational Rehabilitation Community Facilities $ 3,439,970 Contract for Epilepsy $ 60,000 Case Services $ 11,582,750 Contract with the Affirmative Industries $ 100,000 Cerebral Palsy Contract $ 130,000 Total Funds Budgeted $ 31,356,048 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 21,681,749 State Funds Budgeted $ 9,624,299 Total Positions Budgeted 694 Authorized Motor Vehicles 5 17. Vocational Rehabilitation - Disability Adjudication Budget: Personal Services $ 7,744,177 Regular Operating Expenses $ 194,137 Travel $ 20,950 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 43,270 Equipment Purchases $ 78,690 Computer Charges $ 249,527 Real Estate Rentals $ 505,746 Telecommunications $ 405,080 Per Diem, Fees and Contracts $ 372,342 Utilities $ -0- Postage $ 155,000 Case Services $ 6,974,732 Total Funds Budgeted $ 16,743,651 Agency Funds $ 16,743,651 State Funds Budgeted $ -0- Total Positions Budgeted 384 18. Public Assistance Budget: Personal Services $ -0- Regular Operating Expenses $ 400,000 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 $ 60,000 AFDC Benefits $ 169,734,584 Total Funds Budgeted $ 170,194,584 Agency Funds $ 113,101,418 State Funds Budgeted $ 57,093,166 Total Positions Budgeted 0

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Public Assistance Functional Budgets Total Funds State Funds Pos. Refugee Benefits $ 400,000 $ -0- 0 AFDC Payments $ 169,734,584 $ 57,033,166 0 SSI - Supplement Benefits $ 60,000 $ 60,00 0 Undistributed $ -0- $ -0- 0 Total $ 170,194,584 $ 57,093,166 0 19. Local Services - Community Services and Benefits Payments Budget: Personal Services $ -0- Regular Operating Expenses $ -0- Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Local Services Benefits Payments Grants $ 55,267,344 Grants to Counties for Social Services $ 43,878,230 Total Funds Budgeted $ 99,145,574 Agency Funds $ 51,024,850 Title XX Funds $ 3,589,645 State Funds Budgeted $ 44,531,079 Total Positions Budgeted 0

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Local Services - Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services - Benefits Benefits Payments Grants $ 55,267,344 $ 26,050,347 0 Grants to Counties for Social Services $ 43,878,230 $ 18,480,732 0 Undistributed $ -0- $ -0- 0 Total $ 99,145,574 $ 44,531,070 0 20. Family and Children Services - Program Direction and Support Budget: Personal Services $ 7,617,596 Regular Operating Expenses $ 301,744 Travel $ 352,755 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 651,835 Equipment Purchases $ 43,430 Computer Charges $ 3,655,240 Real Estate Rentals $ 181,922 Telecommunications $ 849,503 Per Diem, Fees and Contracts $ 2,861,936 Utilities $ 6,615 Postage $ 275,620 Total Funds Budgeted $ 16,798,196 Agency Funds $ 10,050,968 Indirect DOAS Services Funding $ 540,180 Title XX Funds $ 44,000 State Funds Budgeted $ 6,163,048 Total Positions Budgeted 343

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Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 445,313 $ 445,313 7 Research and Demonstration $ 59,629 $ 59,629 3 Program Planning and Development $ 876,557 $ 876,557 17 Program Management and Training $ 1,729,029 $ 1,477,828 61 Administration and Management $ 9,435,133 $ 3,374,529 88 Management Information Systems $ 928,325 $ 853,325 50 District Program Operations $ 2,608,427 $ 2,608,427 99 District Administration $ 715,783 $ 715,783 18 Indirect Cost $ -0- $ (4,248,343) 0 Undistributed $ -0- $ -0- 0 Total $ 16,798,196 $ 6,163,048 343

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Budget Unit Object Classes: Personal Services $ 90,590,904 Regular Operating Expenses $ 48,518,686 Travel $ 2,976,366 Motor Vehicle Equipment Purchases $ 257,310 Publications and Printing $ 1,290,585 Equipment Purchases $ 701,780 Computer Charges $ 6,717,065 Real Estate Rentals $ 4,305,010 Telecommunications $ 3,047,803 Per Diem, Fees and Contracts $ 65,071,345 Utilities $ 766,055 Postage $ 1,163,455 Capital Outlay $ 785,040 Grants for Regional Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 4,312,625 Kidney Disease Benefits $ 550,000 Cancer Control Benefits $ 1,890,000 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 Grants for DeKalb County Mental Retardation Project $ 97,300 Grants for Chatham County Mental Retardation Project $ 92,800 Grant-In-Aid to Counties $ 29,856,694 Grant - Savannah Speech and Hearing Center $ 39,947 Work Incentive Benefits $ 802,357 Grants to Fulton County for 24-hour Emergency Social Services $ 171,434 Benefits for Child Care $ 9,305,817 Homemaker Meals $ 111,202 Chatham County Homemaker Project $ 471,879 Douglas County Homemaker Project $ 124,000 Fulton County Homemaker Project $ 320,286 Grants for Nephrology Centers $ 228,750 Case Services $ 18,807,482 E.S.R.P. Case Services $ 150,000 SSI-Supplement Benefits $ 60,000 AFDC Benefits $ 169,734,584 Local Services Benefits Payments Grants $ 55,267,344 Grants to Counties for Social Services $ 43,878,230 Contract with Vocational Rehabilitation Community Facilities $ 3,439,970 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Contract with the Affirmative Industries $ 100,000 Institutional Repairs and Maintenance $ 500,000 Contract with Emory University for Arthritis Research $ 188,850 Grant for Epilepsy Program $ 60,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 40,000 Contract for Scoliosis Screening $ 15,000 Menninger Group Homes $ 85,000 Contract - Georgia Advocacy Office, Inc $ 215,000 Grant for Teenage Pregnancy Prevention Program $ 250,000 Contract - Cancer Research at Emory $ 106,000 Contract - Macon-Bibb County Hospital Authority $ 1,050,000 Cerebral Palsy Contract $ 130,000 Grants to Counties for Metabolic Disorders Screening and Testing $ 42,800 Total Positions Budgeted 4,364

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Provided, that of the above appropriation, $100,000 is designated and committed for the purchase of clotting factor for the Hemophilia Program and for no other purpose. Provided, that of the above appropriation, $100,000 is designated and committed to operate a Hemophilia Program in the Metropolitan Atlanta Area and to operate the Hemophilia Program in Augusta. Provided, that of the funds available in the Public Health - Local Services Budget not less than $125,000 is committed for continuation of the Community Cardiovascular Council Stroke-Screening Program. Provided that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising. There is hereby appropriated $57,033,166 in State funds for the purpose of making AFDC benefit payments. Provided that for the last three months of Fiscal 1982, the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 202 $ 107 2 306 162 3 366 194 4 432 229 5 494 262 6 536 284 7 580 307 8 616 326 9 648 343 10 694 368 11 742 393

Page 294

Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 53% of the above standard of needs effective April 1, 1982. Provided, that of the above appropriation, $130,000 is designated and committed to operate the Rome Cerebral Palsy Center. 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, $3,879,000 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 Public 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 funds above the amounts anticipated in this appropriation shall be used to improve and expand Public Health programs and not to supplant State funds in this appropriation.

Page 295

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 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. To purchase, lease or otherwise acquire or reimburse for the purchase or lease of equipment, or purchase or reimburse for the purchase of drugs and medical treatment of persons with Cystic Fibrosis over the age of 21. Funds shall be expended to those persons qualifying who are not otherwise covered by any other private or publicly funded program and are determined to need support from the State. Provided further, the Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program. B. Budget Unit: State Health Planning and Development $ 431,400 State Health Planning and Development Budget: Personal Services $ 787,840 Regular Operating Expenses $ 45,320 Travel $ 20,100 Publications and Printing $ 7,500 Equipment Purchases $ 1,600 Computer Charges $ 30,000 Real Estate Rentals $ 75,700 Telecommunications $ 21,210 Per Diem, Fees and Contracts $ 140,000 Postage $ 5,000 Total Funds Budgeted $ 1,134,270 Indirect DOAS Services Funding $ -0- Agency Funds $ 702,870 State Funds Budgeted $ 431,400 Total Positions Budgeted 33 Authorized Motor Vehicles 0 Budget Unit Object Classes: Personal Services $ 787,840 Regular Operating Expenses $ 45,320 Travel $ 20,100 Publications and Printing $ 7,500 Equipment Purchases $ 1,600 Computer Charges $ 30,000 Real Estate Rentals $ 75,700 Telecommunications $ 21,210 Per Diem, Fees and Contracts $ 140,000 Postage $ 5,000 Total Positions Budgeted 33 Authorized Motor Vehicles 0 C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 264,306,041 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 8,174,080 Regular Operating Expenses $ 1,047,928 Travel $ 10,865 Motor Vehicle Equipment Purchases $ 31,200 Publications and Printing $ 5,200 Equipment Purchases $ 229,185 Computer Charges $ 89,000 Real Estate Rentals $ -0- Telecommunications $ 88,420 Per Diem, Fees and Contracts $ 217,600 Utilities $ 291,500 Postage $ 8,300 Authority Lease Rentals $ 387,000 Capital Outlay $ 17,234 Total Funds Budgeted $ 10,597,512 Agency Funds $ 1,125,325 Indirect DOAS Services Funding $ 82,919 State Funds Budgeted $ 9,389,268 Total Positions Budgeted July 1, 1981 492 Total Positions Budgeted June 30, 1982 503 Authorized Motor Vehicles 24 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 10,489,014 Regular Operating Expenses $ 1,393,424 Travel $ 16,815 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 9,100 Equipment Purchases $ 114,640 Computer Charges $ 128,000 Real Estate Rentals $ -0- Telecommunications $ 114,500 Per Diem, Fees and Contracts $ 133,125 Utilities $ 444,000 Postage $ 10,000 Capital Outlay $ 7,000 Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 13,380,618 Agency Funds $ 1,959,100 Indirect DOAS Services Funding $ 116,784 State Funds Budgeted $ 11,304,734 Total Positions Budgeted 642 Authorized Motor Vehicles 25 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 8,143,132 Regular Operating Expenses $ 898,096 Travel $ 14,086 Motor Vehicle Equipment Purchases $ 34,350 Publications and Printing $ 1,900 Equipment Purchases $ 21,660 Computer Charges $ 123,000 Real Estate Rentals $ -0- Telecommunications $ 99,300 Per Diem, Fees and Contracts $ 132,775 Utilities $ 354,000 Postage $ 6,900 Authority Lease Rentals $ 500,000 Capital Outlay $ 106,250 Total Funds Budgeted $ 10,435,449 Agency Funds $ 864,300 Indirect DOAS Services Funding $ 108,957 State Funds Budgeted $ 9,462,192 Total Positions Budgeted July 1, 1981 498 Total Positions Budgeted June 30, 1982 493 Authorized Motor Vehicles 22 4. West Central Georgia Regional Hospital Budget: Personal Services $ 7,035,211 Regular Operating Expenses $ 855,182 Travel $ 13,898 Motor Vehicle Equipment Purchases $ 7,750 Publications and Printing $ 4,930 Equipment Purchases $ 29,535 Computer Charges $ 107,000 Real Estate Rentals $ -0- Telecommunications $ 93,000 Per Diem, Fees and Contracts $ 36,720 Utilities $ 370,000 Postage $ 10,700 Authority Lease Rentals $ 666,500 Capital Outlay $ 500,000 Total Funds Budgeted $ 9,730,426 Agency Funds $ 892,600 Indirect DOAS Services Funding $ 89,714 State Funds Budgeted $ 8,748,112 Total Positions Budgeted July 1, 1981 441 Total Positions Budgeted June 30, 1982 434 Authorized Motor Vehicles 25 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 10,009,775 Regular Operating Expenses $ 1,090,271 Travel $ 11,646 Motor Vehicle Equipment Purchases $ 62,330 Publications and Printing $ 1,360 Equipment Purchases $ 83,720 Computer Charges $ 128,000 Real Estate Rentals $ -0- Telecommunications $ 89,150 Per Diem, Fees and Contracts $ 36,600 Utilities $ 1,003,000 Postage $ 7,000 Capital Outlay $ 724,296 Authority Lease Rentals $ 883,500 Total Funds Budgeted $ 14,130,648 Agency Funds $ 2,673,415 Indirect DOAS Services Funding $ 113,803 State Funds Budgeted $ 11,343,430 Total Positions Budgeted 649 Authorized Motor Vehicles 45 6. Gracewood State School and Hospital Budget: Personal Services $ 25,759,841 Regular Operating Expenses $ 3,117,408 Travel $ 11,475 Motor Vehicle Equipment Purchases $ 106,650 Publications and Printing $ 6,640 Equipment Purchases $ 126,695 Computer Charges $ 92,000 Real Estate Rentals $ -0- Telecommunications $ 247,600 Per Diem, Fees and Contracts $ 115,970 Utilities $ 1,350,000 Postage $ 13,200 Capital Outlay $ 554,871 Total Funds Budgeted $ 31,502,350 Agency Funds $ 11,766,400 Indirect DOAS Services Funding $ 132,805 State Funds Budgeted $ 19,603,145 Total Positions Budgeted July 1, 1981 1,801 Total Positions Budgeted June 30, 1982 1,745 Authorized Motor Vehicles 111 7. Southwestern State Hospital Budget: Personal Services $ 17,342,240 Regular Operating Expenses $ 1,867,065 Travel $ 17,881 Motor Vehicle Equipment Purchases $ 50,800 Publications and Printing $ 5,300 Equipment Purchases $ 116,775 Computer Charges $ 136,000 Real Estate Rentals $ -0- Telecommunications $ 133,600 Per Diem, Fees and Contracts $ 241,490 Utilities $ 689,000 Postage $ 14,000 Capital Outlay $ 87,766 Total Funds Budgeted $ 20,701,917 Agency Funds $ 5,315,500 Indirect DOAS Services Funding $ 131,502 State Funds Budgeted $ 15,254,915 Total Positions Budgeted 1,155 Authorized Motor Vehicles 53 8. Georgia Retardation Center Budget: Personal Services $ 14,694,108 Regular Operating Expenses $ 2,709,613 Travel $ 12,759 Motor Vehicle Equipment Purchases $ 9,350 Publications and Printing $ 6,610 Equipment Purchases $ 74,075 Computer Charges $ 140,000 Real Estate Rentals $ -0- Telecommunications $ 149,800 Per Diem, Fees and Contracts $ 132,050 Utilities $ 957,300 Postage $ 9,350 Authority Lease Rentals $ 794,000 Capital Outlay $ 35,000 Total Funds Budgeted $ 19,724,015 Agency Funds $ 8,301,300 Indirect DOAS Services Funding $ 149,063 State Funds Budgeted $ 11,273,652 Total Positions Budgeted 935 Authorized Motor Vehicles 39 9. Georgia Mental Health Institute Budget: Personal Services $ 8,820,845 Regular Operating Expenses $ 1,124,782 Travel $ 15,121 Motor Vehicle Equipment Purchases $ 14,860 Publications and Printing $ 5,635 Equipment Purchases $ 80,790 Computer Charges $ 148,000 Real Estate Rentals $ -0- Telecommunications $ 160,500 Per Diem, Fees and Contracts $ 626,890 Utilities $ 1,251,000 Postage $ 11,900 Authority Lease Rentals $ 275,000 Capital Outlay $ 8,750 Total Funds Budgeted $ 12,544,073 Agency Funds $ 1,195,075 Indirect DOAS Services Funding $ 141,386 State Funds Budgeted $ 11,207,612 Total Positions Budgeted 525 Authorized Motor Vehicles 20 10. Central State Hospital Budget: Personal Services $ 64,912,363 Regular Operating Expenses $ 8,910,913 Travel $ 22,424 Motor Vehicle Equipment Purchases $ 147,450 Publications and Printing $ 41,850 Equipment Purchases $ 185,175 Computer Charges $ 564,000 Real Estate Rentals $ -0- Telecommunications $ 440,200 Per Diem, Fees and Contracts $ 196,400 Utilities $ 3,856,000 Postage $ 38,000 Authority Lease Rentals $ 786,000 Capital Outlay $ 664,000 Total Funds Budgeted $ 80,764,775 Agency Funds $ 17,771,295 Indirect DOAS Services Funding $ 458,067 State Funds Budgeted $ 62,535,413 Total Positions Budgeted July 1, 1981 $ 4,180 Total Positions Budgeted June 30, 1982 4,162 Authorized Motor Vehicles 215 11. State Youth Development Centers Budget: Personal Services $ 11,157,936 Regular Operating Expenses $ 1,310,355 Travel $ 8,277 Motor Vehicle Equipment Purchases $ 62,420 Publications and Printing $ 3,000 Equipment Purchases $ 171,385 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 98,800 Per Diem, Fees and Contracts $ 123,840 Utilities $ 672,100 Postage $ 18,465 Capital Outlay $ 250,000 Total Funds Budgeted $ 13,876,578 Agency Funds $ 323,635 State Funds Budgeted $ 13,552,943 Total Positions Budgeted 710 Authorized Motor Vehicles 103 12. Regional Youth Development Centers Budget: Personal Services $ 5,850,391 Regular Operating Expenses $ 823,835 Travel $ 12,026 Motor Vehicle Equipment Purchases $ 27,350 Publications and Printing $ 2,700 Equipment Purchases $ 42,650 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 56,485 Per Diem, Fees and Contracts $ 69,800 Utilities $ 434,000 Postage $ 8,450 Capital Outlay $ 632,500 Reserve for Gwinnett County RYDC $ -0- Grants to County-Owned Detention Centers $ 1,844,220 Total Funds Budgeted $ 9,804,407 Agency Funds $ 226,625 State Funds Budgeted $ 9,577,782 Total Positions Budgeted 406 Authorized Motor Vehicles 41 13. Community Mental Health/Mental Retardation Services Budget: Personal Services $ 8,541,320 Regular Operating Expenses $ 483,388 Travel $ 57,126 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,640 Equipment Purchases $ 2,530 Computer Charges $ -0- Real Estate Rentals $ 102,720 Telecommunications $ 42,590 Per Diem, Fees and Contracts $ 254,930 Utilities $ 27,000 Postage $ 2,900 Capital Outlay $ 50,000 Drug Abuse Contracts $ 899,058 Day Care Centers for the Mentally Retarded $ 41,624,640 MR Day Care Center Motor Vehicle Purchases $ 521,625 Developmental Disability Services Chiefs $ 747,002 Group Homes for the Mentally Retarded $ 3,490,039 Supportive Living Staff $ 1,113,903 Supportive Living Benefits $ 1,783,610 Georgia State Foster Grandparent/Senior Companion Program $ 514,000 Community Residential Services Staff $ 1,588,771 Community Residential Services $ 2,606,734 Community Mental Health Center Services $ 53,386,771 Project Rescue $ 249,412 Project ARC $ 155,000 Project Friendship $ 209,000 Group Homes for Autistic Children $ 218,332 Uniform Alcoholism Projects $ 2,291,132 Total Funds Budgeted $ 120,972,173 Title XX $ 6,784,665 Agency Funds $ 52,115,335 State Funds Budgeted $ 62,072,173 Total Positions Budgeted 435 Authorized Motor Vehicles 801

Page 304

Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 5,271,124 $ 5,217,274 240 Outdoor Therapeutic Program $ 685,827 $ 685,827 24 Mental Retardation Community Assistance $ 1,435,359 $ 1,435,359 64 Central Pharmacy $ 98,646 $ 98,646 3 Metro Drug Abuse Centers $ 1,043,438 $ 420,348 47 Developmental Disability Service Chiefs $ 747,002 $ 747,002 0 Day Care Centers for the Mentally Retarded $ 42,446,510 $ 20,966,596 21 Supportive Living $ 2,897,513 $ 2,897,513 0 Group Homes for the Mentally Retarded $ 3,490,039 $ 3,490,039 0 Georgia State Foster Grandparent/Senior Companion Program $ 514,000 $ 514,000 0 Community Residential Services $ 4,195,505 $ 2,876,880 0 Group Homes for Autistic Children $ 218,332 $ 218,332 0 Project Rescue $ 249,412 $ 149,336 0 Drug Abuse Contracts $ 899,058 $ 245,125 0 Project ARC $ 155,000 $ 155,000 0 Project Friendship $ 209,000 $ 209,000 0 Community Mental Health Center Services $ 54,125,267 $ 19,676,464 36 Uniform Alcoholism Projects $ 2,291,132 $ 2,069,432 0 Undistributed $ -0- $ -0- 0 Total $ 120,972,173 $ 62,072,173 435

Page 306

14. Community Youth Services Budget: Personal Services $ 7,447,208 Regular Operating Expenses $ 599,985 Travel $ 376,657 Motor Vehicle Equipment Purchases $ 18,700 Publications and Printing $ 3,750 Equipment Purchases $ 4,950 Computer Charges $ -0- Real Estate Rentals $ 267,190 Telecommunications $ 203,550 Per Diem, Fees and Contracts $ -0- Utilities $ 26,480 Postage $ 17,200 Child Care Benefits $ 15,000 Total Funds Budgeted $ 8,980,670 State Funds Budgeted $ 8,980,670 Total Positions Budgeted 421 Authorized Motor Vehicles 19 Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 399,746 $ 399,746 19 Community Detention $ 804,244 $ 804,244 18 Day Centers $ 512,840 $ 512,840 24 Community Treatment Centers $ 1,516,975 $ 1,516,975 82 Court Services $ 5,376,655 $ 5,376,655 260 Runaway Investigations $ 307,755 $ 307,755 15 Interstate Compact $ 62,455 $ 62,455 3 Undistributed $ -0- $ -0- 0 Total $ 8,980,670 $ 8,980,670 421

Page 307

15. Regular Operating Expense Reserve Budget: Regular Operating Expense $ -0- Total Funds $ -0- State Funds $ -0- Budget Unit Object Classes: Personal Services $ 208,377,464 Regular Operating Expenses $ 26,232,245 Travel $ 601,056 Motor Vehicle Equipment Purchases $ 581,210 Publications and Printing $ 106,615 Equipment Purchases $ 1,283,765 Computer Charges $ 1,655,000 Real Estate Rentals $ 369,910 Telecommunications $ 2,017,495 Per Diem, Fees and Contracts $ 2,318,190 Utilities $ 11,725,380 Postage $ 176,365 Capital Outlay $ 3,637,667 Authority Lease Rentals $ 4,805,000 Grants to County-Owned Detention Centers $ 1,844,220 Reserve for Gwinnett County RYDC $ -0- Drug Abuse Contracts $ 899,058 Day Care Centers for the Mentally Retarded $ 41,624,640 MR Day Care Center Motor Vehicle Purchases $ 521,625 Developmental Disability Services Chiefs $ 747,002 Group Homes for the Mentally Retarded $ 3,490,039 Supportive Living Staff $ 1,113,903 Supportive Living Benefits $ 1,783,610 Georgia State Foster Grandparent/Senior Companion Program $ 514,000 Community Residential Services Staff $ 1,588,771 Community Residential Services $ 2,606,734 Community Mental Health Center Services $ 53,386,771 Project Rescue $ 249,412 Project ARC $ 155,000 Project Friendship $ 209,000 Group Homes for Autistic Children $ 218,332 Uniform Alcoholism Projects $ 2,291,132 Child Care Benefits $ 15,000 Total Positions Budgeted - July 1, 1981 13,290 Total Positions Budgeted - June 30, 1982 13,215 Authorized Motor Vehicles 1,543

Page 308

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 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.

Page 309

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 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 small group living situations or semi-independent 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. Provided that Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such centers without regard to the length of time such client has resided in such geographic catchment area if such client is otherwise eligible to receive services. Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is provided the flexibility to contract with private homeproviders for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities. Provided, that of the above appropriation relating to Uniform Alcoholism Projects, $250,000 is designated and committed for projects at Waycross ($200,000) and Dalton ($50,000). Provided, however, it is the intent of this General Assembly that no additional Youth Services group homes or community treatment centers be started with Federal Funds without prior approval by the General Assembly of Georgia.

Page 310

Provided, further it is the intent of this General Assembly that the Office of Planning and Budget is authorized and directed to amend an additional $ 100,000 in agency income, if realized, above the amount contemplated in this bill for the purpose of contracting for a comprehensive study of the State Forensic Services needs including physical plant considerations. Section 27. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade $ 9,074,487 1. Industry Budget: Personal Services $ 540,182 Regular Operating Expenses $ 10,900 Travel $ 42,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 710 Computer Charges $ 14,300 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 617,292 State Funds Budgeted $ 617,292 Total Positions Budgeted 23 2. Research Budget: Personal Services $ 311,708 Regular Operating Expenses $ 5,000 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,850 Equipment Purchases $ -0- Computer Charges $ 3,600 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 18,100 Total Funds Budgeted $ 389,258 State Funds Budgeted $ 389,258 Total Positions Budgeted 14 3. Tourism - Promotional Budget: Personal Services $ 632,241 Regular Operating Expenses $ 75,000 Travel $ 65,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 308,100 Equipment Purchases $ 4,800 Computer Charges $ 22,900 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 189,650 Historic Chattahoochee Commission Contract $ 40,000 Total Funds Budgeted $ 1,338,191 State Funds Budgeted $ 1,239,191 Total Positions Budgeted 30 4. Tourist - Welcome Centers Budget: Personal Services $ 1,329,955 Regular Operating Expenses $ 358,700 Travel $ 34,830 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,000 Equipment Purchases $ 9,925 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 10,000 Per Diem, Fees and Contracts $ 4,450 Capital Outlay $ -0- Local Welcome Centers $ 95,000 Total Funds Budgeted $ 1,856,860 State Funds Budgeted $ 1,772,935 Total Positions Budgeted 99 5. Internal Administration Budget: Personal Services $ 589,753 Regular Operating Expenses $ 228,950 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 10,400 Publications and Printing $ 40,000 Equipment Purchases $ 1,200 Computer Charges $ 7,288 Real Estate Rentals $ 200,000 Telecommunications $ 110,045 Per Diem, Fees and Contracts $ 16,000 Postage $ 160,000 Georgia Ports Authority - Authority Lease Rentals $ 2,597,500 Georgia Ports Authority - General Obligation Bond Payments $ 700,000 Atlanta Council for International Visitors $ 25,000 Waterway Development in Georgia $ 25,000 Georgia Music Week Promotion $ 10,000 Georgia World Congress Center Operating Expenses $ -0- Georgia World Congress Center Marketing Program $ -0- International Council of Georgia, Inc. $ 16,000 Georgia Semiquincentenary Commission $ 20,000 Total Funds Budgeted $ 4,772,136 State Funds Budgeted $ 3,263,636 Total Positions Budgeted 25 6. International Budget: Personal Services $ 500,800 Regular Operating Expenses $ 51,200 Travel $ 76,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 23,000 Equipment Purchases $ 2,845 Computer Charges $ 21,000 Real Estate Rentals $ 42,900 Telecommunications $ 22,660 Per Diem, Fees and Contracts $ 83,020 Total Funds Budgeted $ 824,175 State Funds Budgeted $ 824,175 Total Positions Budgeted 15 7. Advertising Budget: Advertising $ 968,000 Total Funds Budgeted $ 968,000 State Funds Budgeted $ 968,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 3,904,639 Regular Operating Expenses $ 729,750 Travel $ 236,280 Motor Vehicle Equipment Purchases $ 10,400 Publications and Printing $ 441,950 Equipment Purchases $ 19,480 Computer Charges $ 69,088 Real Estate Rentals $ 242,900 Telecommunications $ 142,705 Per Diem, Fees and Contracts $ 312,220 Postage $ 160,000 Capital Outlay $ -0- Local Welcome Center Contracts $ 95,000 Advertising $ 968,000 Georgia Ports Authority - Authority Lease Rentals $ 2,597,500 Georgia Ports Authority - General Obligation Bond Payments $ 700,000 Historic Chattahoochee Commission Contract $ 40,000 Atlanta Council for International Visitors $ 25,000 Waterway Development in Georgia $ 25,000 Georgia Music Week Promotion $ 10,000 Georgia World Congress Center Operating Expenses $ -0- Georgia World Congress Center Marketing Program $ -0- International Council of Georgia, Inc. $ 16,000 Georgia Semiquincentenary Commission $ 20,000 Total Positions Budgeted 206 Authorized Motor Vehicles 21 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 $ 2,686,912 Regular Operating Expenses $ 945,147 Travel $ 22,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 30,000 Computer Charges $ 600 Real Estate Rentals $ -0- Telecommunications $ 43,200 Per Diem, Fees and Contracts $ 874,813 Georgia World Congress Center Marketing Program $ -0- Total Funds Budgeted $ 4,620,872 State Funds Budgeted $ -0- Total Positions Budgeted 120 2. Georgia Ports Authority Budget: Personal Services $ 20,472,698 Regular Operating Expenses $ 6,726,691 Travel $ 371,972 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay $ 10,728,026 Publications and Printing $ 92,400 Real Estate Rentals $ 84,960 Telecommunications $ 258,940 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations $ 1,679,184 Computer Charges $ 390,720 Per Diem, Fees and Contracts $ 1,035,540 Other Debt-Service Payments $ 595,000 Capital Reinvestment $ -0- Total Funds Budgeted $ 42,436,131 State Funds Budgeted $ -0- Total Positions Budgeted 750 Budget Unit Object Classes: Personal Services $ 23,159,610 Regular Operating Expenses $ 7,671,838 Travel $ 394,172 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 110,400 Equipment Purchases $ 30,000 Computer Charges $ 391,320 Real Estate Rentals $ 84,960 Telecommunications $ 302,140 Per Diem, Fees and Contracts $ 1,910,353 Motor Vehicle Equipment Purchases, Equipment Purchases and Capital Outlay $ 10,728,026 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations $ 1,679,184 Other Debt-Service Payments $ 595,000 Capital Reinvestment $ -0- Georgia World Congress Center Marketing Program $ -0- Total Positions Budgeted 870 Authorized Motor Vehicles 36

Page 315

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. It is the intent of this General Assembly that the World Congress Center Authority repay, by direct remittance to the State Treasury during the next twenty years, the full amount of Capital Outlay authorized in the Fiscal 1978 appropriations bill, such repayments to begin no later than Fiscal 1980. Provided, further, that such payments in any year shall not exceed the net operating revenues derived from the operation of the parking and truck-marshalling facilities contemplated in such Capital Outlay appropriation.

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It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority utilize existing surplus funds for payments to bond trustees for unmatured issues. Section 28. Department of Labor. A. Budget Unit: Inspection Division $ 796,264 Inspection Division Budget: Personal Services $ 627,974 Regular Operating Expenses $ 28,925 Travel $ 119,024 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ 7,591 Telecommunications $ 6,500 Per Diem, Fees and Contracts $ 750 Total Funds Budgeted $ 796,264 State Funds Budgeted $ 796,264 Total Positions Budgeted 29 Budget Unit Object Classes: Personal Services $ 627,974 Regular Operating Expenses $ 28,925 Travel $ 119,024 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ 7,591 Telecommunications $ 6,500 Per Diem, Fees and Contracts $ 750 Total Positions Budgeted 29 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training $ 2,342,580 1. Basic Employment Security and W.I.N. Budget: Personal Services $ 34,792,741 Regular Operating Expenses $ 2,615,738 Travel $ 1,101,861 Motor Vehicle Equipment Purchases $ 11,000 Publications and Printing $ 21,000 Equipment Purchases $ 1,015,000 Computer Charges $ 817,500 Real Estate Rentals $ 1,398,131 Telecommunications $ 1,180,000 Per Diem, Fees and Contracts $ 1,528,830 W.I.N. Grants $ 600,000 Capital Outlay $ -0- Total Funds Budgeted $ 45,081,801 State Funds Budgeted $ 756,165 Total Positions Budgeted 1,709 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services $ 12,880,185 Regular Operating Expenses $ 2,166,270 Travel $ 350,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 15,000 Equipment Purchases $ 250,000 Computer Charges $ 300,000 Real Estate Rentals $ 595,115 Telecommunications $ 325,000 Per Diem, Fees and Contracts (CETA) $ 1,100,000 CETA Direct Benefits $ 100,000,000 Total Funds Budgeted $ 117,981,570 State Funds Budgeted $ -0- Total Positions Budgeted 603 3. Correctional Services Budget: Personal Services $ 1,370,658 Regular Operating Expenses $ 75,511 Travel $ 46,666 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100 Equipment Purchases $ 1,000 Computer Charges $ 2,600 Real Estate Rentals $ 51,280 Telecommunications $ 20,600 Per Diem, Fees and Contracts $ 18,000 Total Funds Budgeted $ 1,586,415 State Funds Budgeted $ 1,586,415 Total Positions Budgeted 62 Budget Unit Object Classes: Personal Services $ 49,043,584 Regular Operating Expenses $ 4,857,519 Travel $ 1,498,527 Motor Vehicle Equipment Purchases $ 11,000 Publications and Printing $ 36,100 Equipment Purchases $ 1,266,000 Computer Charges $ 1,120,100 Real Estate Rentals $ 2,044,526 Telecommunications $ 1,525,600 Per Diem, Fees and Contracts (CETA) $ 1,100,000 Per Diem, Fees and Contracts $ 1,546,830 W.I.N. Grants $ 600,000 CETA Direct Benefits $ 100,000,000 Capital Outlay $ -0- Total Positions Budgeted 2,374 Authorized Motor Vehicles 6

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Section 29. Department of Law. Budget Unit: Department of Law $ 4,082,638 Attorney General's Office Budget: Personal Services $ 3,547,157 Regular Operating Expenses $ 192,006 Travel $ 105,000 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 32,000 Equipment Purchases $ 15,275 Computer Charges $ 14,420 Books for State Library $ 53,000 Real Estate Rentals $ 293,480 Telecommunications $ 81,000 Per Diem, Fees and Contracts $ 42,000 Capital Outlay $ -0- Total Funds Budgeted $ 4,382,838 State Funds Budgeted $ 4,082,638 Total Positions Budgeted 116 Budget Unit Object Classes: Personal Services $ 3,547,157 Regular Operating Expenses $ 192,006 Travel $ 105,000 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 32,000 Equipment Purchases $ 15,275 Computer Charges $ 14,420 Real Estate Rentals $ 293,480 Telecommunications $ 81,000 Per Diem, Fees and Contracts $ 42,000 Books for State Library $ 53,000 Capital Outlay $ -0- Total Positions Budgeted 116 Authorized Motor Vehicles 1

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For the cost of operating the Department of Law provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any agency of the State in the Executive Branch of State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless payment is for reimbursement to the Department of Law as provided by law. Provided, however, that of the above appropriation relative to regular operating expenses, $38,000 is designated and committed for Court Reporter Fees.

Page 320

Section 30. Department of Medical Assistance. Budget Unit: Medicaid Services $ 185,131,809 1. Commissioner's Office Budget: Personal Services $ 1,295,367 Regular Operating Expenses $ 41,167 Travel $ 58,504 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,270 Equipment Purchases $ 6,360 Computer Charges $ -0- Real Estate Rentals $ 59,068 Telecommunications $ 48,645 Per Diem, Fees and Contracts $ 22,360 Postage $ 900 Utilities $ 16,492 Audits Contracts $ -0- Total Funds Budgeted $ 1,559,133 State Funds Budgeted $ 742,428 Total Positions Budgeted 65 2. Administration Budget: Personal Services $ 986,268 Regular Operating Expenses $ 79,553 Travel $ 11,021 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,000 Equipment Purchases $ 1,500 Computer Charges $ 31,820 Real Estate Rentals $ 77,422 Telecommunications $ 22,558 Per Diem, Fees and Contracts $ 282,400 Postage $ 202,464 Utilities $ 15,456 Audits Contracts $ 799,700 Total Funds Budgeted $ 2,528,162 State Funds Budgeted $ 968,014 Total Positions Budgeted 46 3. Program Management Budget: Personal Services $ 1,857,304 Regular Operating Expenses $ 89,674 Travel $ 49,749 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,204 Equipment Purchases $ 10,560 Computer Charges $ 16,776 Real Estate Rentals $ 96,134 Telecommunications $ 65,665 Per Diem, Fees and Contracts $ 6,789,882 Postage $ -0- Utilities $ 19,406 Contract with Georgia Medical Care Foundation $ -0- Total Funds Budgeted $ 9,031,354 State Funds Budgeted $ 1,376,879 Total Positions Budgeted 116 4. Operations Budget: Personal Services $ 1,802,151 Regular Operating Expenses $ 204,157 Travel $ 4,698 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 114,425 Equipment Purchases $ 2,404 Computer Charges $ 7,587,300 Real Estate Rentals $ 95,611 Telecommunications $ 77,992 Per Diem, Fees and Contracts $ -0- Postage $ 667,888 Utilities $ 27,246 Total Funds Budgeted $ 10,583,872 Indirect DOAS Services Funding $ 1,000,000 Agency Funds $ 7,885,744 State Funds Budgeted $ 1,698,128 Total Positions Budgeted 114 5. Benefits Payments Budget: Medicaid Benefits $ 571,057,800 Payments to Counties for Mental Health $ 8,650,000 Total Funds Budgeted $ 579,707,800 State Funds Budgeted $ 180,346,360 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 5,941,090 Regular Operating Expenses $ 414,551 Travel $ 123,972 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 178,899 Equipment Purchases $ 20,824 Computer Charges $ 7,635,896 Real Estate Rentals $ 328,235 Telecommunications $ 214,860 Per Diem, Fees and Contracts $ 7,094,642 Postage $ 871,252 Utilities $ 78,600 Medicaid Benefits $ 571,057,800 Payments to Counties for Mental Health $ 8,650,000 Audits Contracts $ 799,700 Contract with Georgia Medical Care Foundation $ -0- Total Positions Budgeted 341 Authorized Motor Vehicles 5

Page 322

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. Provided, that any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting and other purposes for Payments to Counties for Mental Health. Provided, further, that the Department is authorized to procure additional or new office facilities. Provided, however, that the Board of Medical Assistance is authorized to adjust the pharmacy reimbursement rate.

Page 323

Provided, however, that the Department of Medical Assistance is authorized to pay, from the above amounts appropriated, Fiscal Year 1981 Medicaid claims. Further, the Department of Medical Assistance is authorized to pay, from the above amounts appropriated, claims by the Federal Government for Federal payment of Fiscal Year 1981 benefits in such fashion as may be prescribed by the United States Department of Health and Human Services. Section 31. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments $ 4,477,084 1. Applicant Services Budget: Personal Services $ 815,249 Regular Operating Expenses $ 17,160 Travel $ 10,273 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 52,500 Equipment Purchases $ 1,810 Computer Charges $ 435,531 Real Estate Rentals $ 785 Telecommunications $ 14,300 Per Diem, Fees and Contracts $ 1,500 Postage $ 90,300 Total Funds Budgeted $ 1,439,408 Agency Assessments $ 1,424,244 Total Positions Budgeted 41 2. Classification and Compensation Budget: Personal Services $ 453,108 Regular Operating Expenses $ 5,450 Travel $ 2,466 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,000 Equipment Purchases $ 200 Computer Charges $ 166,743 Real Estate Rentals $ -0- Telecommunications $ 5,500 Per Diem, Fees and Contracts $ 1,000 Postage $ 2,880 Total Funds Budgeted $ 644,347 Agency Assessments $ 635,949 Total Positions Budgeted 20 3. Program Evaluation and Audit Budget: Personal Services $ 292,965 Regular Operating Expenses $ 12,701 Travel $ 1,027 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 500 Equipment Purchases $ 36,148 Computer Charges $ 216,895 Real Estate Rentals $ -0- Telecommunications $ 4,100 Per Diem, Fees and Contracts $ -0- Postage $ 1,000 Total Funds Budgeted $ 565,336 Agency Assessments $ 560,010 Total Positions Budgeted 14 4. Employee Training and Development Budget: Personal Services $ 546,564 Regular Operating Expenses $ 23,680 Travel $ 22,767 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,000 Equipment Purchases $ 2,686 Computer Charges $ 16,544 Real Estate Rentals $ -0- Telecommunications $ 8,925 Per Diem, Fees and Contracts $ 109,308 Postage $ 4,400 Total Funds Budgeted $ 760,874 Agency Assessments $ 753,114 Total Positions Budgeted 26 5. Health Insurance Administration Budget: Personal Services $ 434,048 Regular Operating Expenses $ 10,770 Travel $ 3,595 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,800 Equipment Purchases $ 1,900 Computer Charges $ 417,939 Real Estate Rentals $ 24,210 Telecommunications $ 35,975 Per Diem, Fees and Contracts $ 4,006,996 Postage $ 30,300 Total Funds Budgeted $ 4,972,533 Other Health Insurance Agency Funds $ -0- Employer and Employee Contributions $ 4,972,533 Total Positions Budgeted 24 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 $ 3,243,551 Postage $ -0- Health Insurance Claims $ 113,620,000 Total Funds Budgeted $ 116,863,551 Other Health Insurance Agency Funds $ -0- Employer and Employee Contributions $ 116,863,551 Total Positions Budgeted 0 7. Internal Administration Budget: Personal Services $ 660,288 Regular Operating Expenses $ 13,840 Travel $ 5,124 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 1,300 Computer Charges $ 53,611 Real Estate Rentals $ -0- Telecommunications $ 11,500 Per Diem, Fees and Contracts $ 8,510 Postage $ 3,260 Federal Sub-grants to State and Local Agencies $ 335,400 Total Funds Budgeted $ 1,100,833 Agency Assessments $ 596,890 Employer and Employee Contributions $ 124,000 Deferred Compensation $ 20,925 Total Positions Budgeted 35 8. Commissioner's Office Budget: Personal Services $ 278,634 Regular Operating Expenses $ 9,718 Travel $ 9,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,000 Equipment Purchases $ 950 Computer Charges $ -0- Real Estate Rentals $ 178,951 Telecommunications $ 4,700 Per Diem, Fees and Contracts $ 50,000 Postage $ 3,300 Total Funds Budgeted $ 549,453 Agency Assessments $ 506,877 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 3,480,856 Regular Operating Expenses $ 93,319 Travel $ 54,452 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 114,800 Equipment Purchases $ 44,994 Computer Charges $ 1,307,263 Real Estate Rentals $ 203,946 Telecommunications $ 85,000 Per Diem, Fees and Contracts $ 7,420,865 Postage $ 135,440 Federal Sub-grants to State and Local Agencies $ 335,400 Health Insurance Claim Payments $ 113,620,000 Total Positions Budgeted 166 Authorized Motor Vehicles 0

Page 327

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. Provided, however, that the Department is authorized to use funds, appropriated above for Personnel Services, to upgrade positions in the Classification and Compensation, Applicant Services, Employee Training and Development, and Health Insurance Administration Divisions. Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 48,558,064 1. Internal Administration Budget: Personal Services $ 1,875,195 Regular Operating Expenses $ 179,503 Travel $ 21,220 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 192,225 Equipment Purchases $ 13,550 Computer Charges $ 163,617 Real Estate Rentals $ 150,172 Telecommunications $ 67,347 Per Diem, Fees and Contracts $ 72,195 Postage $ 95,117 Capital Outlay - Heritage Trust $ 75,000 Total Funds Budgeted $ 2,905,141 Receipts from Jekyll Island State Park Authority and Stone Mountain Memorial Association $ 55,000 State Funds Budgeted $ 2,850,141 Total Positions Budgeted 83 2. Game and Fish Budget: Personal Services $ 10,949,175 Regular Operating Expenses $ 3,200,957 Travel $ 94,578 Motor Vehicle Equipment Purchases $ 833,365 Publications and Printing $ 106,170 Equipment Purchases $ 735,745 Computer Charges $ 67,142 Real Estate Rentals $ 41,317 Telecommunications $ 210,114 Per Diem, Fees and Contracts $ 83,919 Postage $ 60,157 Capital Outlay - Hatchery Renovation $ 13,000 Capital Outlay - Repairs and Maintenance $ 1,006,970 Capital Outlay $ 125,000 Grants to Local Governments $ -0- Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 339,000 Total Funds Budgeted $ 17,866,609 State Funds Budgeted $ 15,079,354 Total Positions Budgeted 482 3. Parks, Recreation and Historic Sites Budget: Personal Services $ 8,045,850 Regular Operating Expenses $ 3,490,742 Travel $ 100,323 Motor Vehicle Equipment Purchases $ 170,482 Publications and Printing $ 113,818 Equipment Purchases $ 202,622 Computer Charges $ 10,000 Real Estate Rentals $ 107,742 Telecommunications $ 228,439 Per Diem, Fees and Contracts $ 222,490 Postage $ 63,906 Capital Outlay $ 1,875,924 Capital Outlay - Repairs and Maintenance $ 2,050,422 Capital Outlay - Shop Stock $ 300,000 Cost of Material for Resale $ 750,000 Authority Lease Rentals $ 1,526,000 Land and Water Conservation Grants $ 6,000,000 Recreation Grants $ 415,000 YACC and YCC Grants $ -0- Contract - Special Olympics, Inc. $ 186,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - User Fee Enhancements $ 1,054,000 Total Funds Budgeted $ 26,963,760 State Funds Budgeted $ 13,402,595 Total Positions Budgeted 394 4. Environmental Protection Budget: Personal Services $ 8,508,849 Regular Operating Expenses $ 653,815 Travel $ 288,298 Motor Vehicle Equipment Purchases $ 21,785 Publications and Printing $ 72,500 Equipment Purchases $ 52,065 Computer Charges $ 142,000 Real Estate Rentals $ 419,222 Telecommunications $ 161,102 Per Diem, Fees and Contracts $ 691,221 Postage $ 92,137 Solid Waste Grants $ 1,500,000 Water and Sewer Grants $ 6,000,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 227,670 Topographic Mapping U.S. Geological Survey $ 125,000 Total Funds Budgeted $ 18,955,664 State Funds Budgeted $ 15,689,134 Total Positions Budgeted 345 5. Coastal Resources Budget: Personal Services $ 738,087 Regular Operating Expenses $ 224,850 Travel $ 19,574 Motor Vehicle Equipment Purchases $ 14,100 Publications and Printing $ 27,240 Equipment Purchases $ 47,731 Computer Charges $ 13,560 Real Estate Rentals $ -0- Telecommunications $ 23,201 Per Diem, Fees and Contracts $ 6,350 Postage $ 15,405 Capital Outlay $ -0- Capital Outlay - Repairs and Maintenance $ 3,770 Capital Outlay - Buoy Maintenance $ 9,750 Total Funds Budgeted $ 1,143,618 State Funds Budgeted $ 1,008,583 Total Positions Budgeted 29 6. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations $ 405,574 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 122,683 Total Funds Budgeted $ 528,257 State Funds Budgeted $ 528,257 Total Positions Budgeted 0 7. 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 8. 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 $ 30,117,156 Regular Operating Expenses $ 7,749,867 Travel $ 523,993 Motor Vehicle Equipment Purchases $ 1,039,732 Publications and Printing $ 511,953 Equipment Purchases $ 1,051,713 Computer Charges $ 396,319 Real Estate Rentals $ 718,453 Telecommunications $ 690,203 Per Diem, Fees and Contracts $ 1,076,175 Postage $ 326,722 Land and Water Conservation Grants $ 6,000,000 Recreation Grants $ 415,000 Young Adult Conservation Corps and Youth Conservation Corps Grants $ -0- Water and Sewer Grants $ 6,000,000 Solid Waste Grants $ 1,500,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 227,670 Contract with U.S. Geological Survey for Topographic Maps $ 125,000 Capital Outlay - Hatchery Renovation $ 13,000 Capital Outlay $ 2,000,924 Capital Outlay - Repairs and Maintenance $ 3,061,162 Capital Outlay - Shop Stock $ 300,000 Capital Outlay - Heritage Trust $ 75,000 Authority Lease Rentals $ 1,526,000 Cost of Material for Resale $ 750,000 Payments to Lake Lanier Islands Development Authority for Operations $ 405,574 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 122,683 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. $ 186,000 Grants to Local Governments $ -0- Georgia Sports Hall of Fame $ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 339,000 Payments to Stone Mountain Memorial Association $ -0- Capital Outlay - User Fee Enhancements $ 1,054,000 Capital Outlay - Buoy Maintenance $ 9,750 Total Positions Budgeted 1,333 Authorized Motor Vehicles 1,015 Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section. Provided, however, that $1,000,000 of the above appropriation for Water and Sewer Grants shall be available for allotment to counties and municipalities for emergency type projects, 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 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 to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities. Provided further, it is the intent of this General Assembly that a two paygrade increase (step-for-step adjustment - 10%) be authorized for the following classes: Wildlife Biologist; Wildlife Biologist, Senior; Wildlife Program Regional Supervisor; Wildlife Program, Assistant State Supervisor; Wildlife Program, State Supervisor; Conservation Major; Assistant Chief of Law Enforcement (DNR); Chief of Law Enforcement (DNR). B. Budget Unit: Authorities $ -0- 1. Lake Lanier Islands Development Authority Budget: Personal Services $ 1,514,473 Regular Operating Expenses $ 538,099 Travel $ 5,680 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 40,300 Equipment Purchases $ 61,100 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 34,895 Per Diem, Fees and Contracts $ 24,000 Capital Outlay $ 245,366 Campground Sinking Fund $ -0- Promotion Expenses $ -0- Total Funds Budgeted $ 2,463,913 State Funds Budgeted $ -0- Total Positions Budgeted 63 2. Jekyll Island State Park Authority Budget: Personal Services $ 2,206,609 Regular Operating Expenses $ 1,551,810 Travel $ 16,345 Motor Vehicle Equipment Purchases $ 139,000 Publications and Printing $ 26,086 Equipment Purchases $ 68,500 Computer Charges $ 9,091 Real Estate Rentals $ -0- Telecommunications $ 30,177 Per Diem, Fees and Contracts $ 61,894 Mortgage Payments $ -0- Capital Outlay and Transportation Systems $ 38,150 Promotion Expenses $ -0- Payments to the Department of Natural Resources $ 30,000 Total Funds Budgeted $ 4,177,662 State Funds Budgeted $ -0- Total Positions Budgeted 155 Budget Unit Object Classes: Personal Services $ 3,721,082 Regular Operating Expenses $ 2,089,909 Travel $ 22,025 Motor Vehicle Equipment Purchases $ 139,000 Publications and Printing $ 66,386 Equipment $ 129,600 Computer Charges $ 9,091 Real Estate Rentals $ -0- Telecommunications $ 65,072 Per Diem, Fees and Contracts $ 85,894 Capital Outlay $ 245,366 Promotion Expense $ -0- Campground Sinking Fund $ -0- Payments to the Department of Natural Resources $ 30,000 Mortgage Payments $ -0- Capital Outlay and Transportation Systems $ 38,150 Total Positions Budgeted 218 Authorized Motor Vehicles 91

Page 335

It is the intent of this General Assembly that Lake Lanier Islands Development Authority shall not be free to borrow money until the Authority requests and obtains the approval of the Georgia State Financing and Investment Commission. Section 33. Department of Offender Rehabilitation. A. Budget Unit: Department of Offender Rehabilitation $ 119,225,815 1. General Administration and Support Budget: Personal Services $ 3,067,130 Regular Operating Expenses $ 229,630 Travel $ 57,465 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 14,200 Computer Charges $ 554,288 Real Estate Rentals $ 225,000 Telecommunications $ 147,068 Per Diem, Fees and Contracts $ 456,483 Utilities $ -0- Total Funds Budgeted $ 4,751,264 State Funds Budgeted $ 4,751,264 Total Positions Budgeted 141 2. Georgia Training and Development Center Budget: Personal Services $ 1,203,247 Regular Operating Expenses $ 114,088 Travel $ 650 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 10,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 16,750 Per Diem, Fees and Contracts $ -0- Utilities $ 93,200 Total Funds Budgeted $ 1,437,935 State Funds Budgeted $ 1,437,935 Total Positions Budgeted 65 3. Georgia Industrial Institute Budget: Personal Services $ 4,414,607 Regular Operating Expenses $ 552,042 Travel $ 6,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 74,739 Computer Charges $ -0- Real Estate Rentals $ 30 Telecommunications $ 36,324 Per Diem, Fees and Contracts $ 1,800 Utilities $ 380,000 Central Repair Fund $ 30,000 Capital Outlay $ 60,000 Health Service Purchases $ 14,691 Total Funds Budgeted $ 5,572,233 State Funds Budgeted $ 5,572,233 Total Positions Budgeted 296 4. Alto Education and Evaluation Center Budget: Personal Services $ 1,233,153 Regular Operating Expenses $ 71,090 Travel $ 2,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 6,500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 3,900 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 1,316,943 State Funds Budgeted $ 1,072,743 Total Positions Budgeted 51 5. Georgia Diagnostic and Classification Center Budget: Personal Services $ 4,371,696 Regular Operating Expenses $ 610,888 Travel $ 2,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 41,217 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 35,300 Per Diem, Fees and Contracts $ 3,300 Central Repair Fund $ 40,647 Utilities $ 432,200 Health Service Purchases $ 11,753 Total Funds Budgeted $ 5,549,201 State Funds Budgeted $ 5,549,201 Total Positions Budgeted 276 6. Georgia State Prison Budget: Personal Services $ 9,489,893 Regular Operating Expenses $ 756,402 Travel $ 7,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 94,370 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 58,700 Per Diem, Fees and Contracts $ 53,200 Utilities $ 975,000 Capital Outlay $ -0- Total Funds Budgeted $ 11,434,815 State Funds Budgeted $ 11,402,815 Total Positions Budgeted 670 7. Consolidated Branches Budget: Personal Services $ 3,622,988 Regular Operating Expenses $ 383,438 Travel $ 5,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 35,375 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 40,000 Per Diem, Fees and Contracts $ 10,230 Utilities $ 275,000 Total Funds Budgeted $ 4,372,331 State Funds Budgeted $ 4,210,011 Total Positions Budgeted 212 8. Lee Correctional Institution Budget: Personal Services $ 1,794,654 Regular Operating Expenses $ 158,122 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 10,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 19,400 Per Diem, Fees and Contracts $ -0- Utilities $ 175,000 Total Funds Budgeted $ 2,159,176 State Funds Budgeted $ 2,159,176 Total Positions Budgeted 117 9. Montgomery Correctional Institution Budget: Personal Services $ 1,078,398 Regular Operating Expenses $ 129,324 Travel $ 1,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,950 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 2,600 Utilities $ 105,000 Capital Outlay $ -0- Total Funds Budgeted $ 1,330,472 State Funds Budgeted $ 1,330,472 Total Positions Budgeted 59 10. Walker Correctional Institution Budget: Personal Services $ 1,050,383 Regular Operating Expenses $ 156,431 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 6,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 16,700 Per Diem, Fees and Contracts $ -0- Utilities $ 104,000 Total Funds Budgeted $ 1,335,514 State Funds Budgeted $ 1,335,514 Total Positions Budgeted 62 11. Middle Georgia Correctional Institution - Women's Unit Budget: Personal Services $ 1,756,969 Regular Operating Expenses $ 94,724 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 $ 1,851,693 State Funds Budgeted $ 1,851,693 Total Positions Budgeted 108 12. Jack T. Rutledge Correctional Institution Budget: Personal Services $ 2,395,878 Regular Operating Expenses $ 199,819 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 9,265 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 12,000 Per Diem, Fees and Contracts $ -0- Utilities $ 209,000 Total Funds Budgeted $ 2,827,462 State Funds Budgeted $ 2,827,462 Total Positions Budgeted 140 13. Middle Georgia Correctional Institution - Youthful Offender Unit Budget: Personal Services $ 3,888,225 Regular Operating Expenses $ 483,157 Travel $ 4,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 39,836 Computer Charges $ -0- Real Estate Rentals $ 3,960 Telecommunications $ 72,642 Per Diem, Fees and Contracts $ -0- Utilities $ 189,000 Payments to Central State Hospital for Utilities $ 373,065 Total Funds Budgeted $ 5,054,085 State Funds Budgeted $ 5,054,085 Total Positions Budgeted 239 14. Central Correctional Institution Budget: Personal Services $ 2,123,702 Regular Operating Expenses $ 192,088 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,000 Per Diem, Fees and Contracts $ -0- Utilities $ 180,000 Total Funds Budgeted $ 2,512,290 State Funds Budgeted $ 2,512,290 Total Positions Budgeted 135 15. Middle Georgia Correctional Institution - Men's Unit Budget: Personal Services $ 1,573,739 Regular Operating Expenses $ 88,723 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- Payments to Central State Hospital for Utilities $ -0- Total Funds Budgeted $ 1,662,462 State Funds Budgeted $ 1,662,462 Total Positions Budgeted 97 16. Metro Correctional Institution Budget: Personal Services $ 2,241,716 Regular Operating Expenses $ 295,619 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 33,795 Computer Charges $ -0- Real Estate Rentals $ 8,424 Telecommunications $ 14,000 Per Diem, Fees and Contracts $ -0- Health Service Purchases $ 35,259 Utilities $ 195,000 Central Repair Fund $ 122,300 Total Funds Budgeted $ 2,949,113 State Funds Budgeted $ 2,949,113 Total Positions Budgeted 179 17. Coastal Correctional Institution Budget: Personal Services $ 2,268,923 Regular Operating Expenses $ 241,912 Travel $ 6,846 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,650 Equipment Purchases $ 104,450 Computer Charges $ -0- Real Estate Rentals $ 4,800 Telecommunications $ 14,000 Per Diem, Fees and Contracts $ -0- Health Service Purchases $ 21,267 Utilities $ 195,000 Central Repair Fund $ 27,300 Total Funds Budgeted $ 2,886,148 State Funds Budgeted $ 2,816,148 Total Positions Budgeted 182 18. Adult Facilities and Programs Budget: Personal Services $ 2,377,376 Regular Operating Expenses $ 137,250 Travel $ 52,735 Motor Vehicle Equipment Purchases $ 95,000 Publications and Printing $ -0- Equipment Purchases $ 54,174 Computer Charges $ -0- Real Estate Rentals $ 2,100 Telecommunications $ 21,135 Per Diem, Fees and Contracts $ 71,200 Utilities $ -0- Total Funds Budgeted $ 2,810,970 State Funds Budgeted $ 2,810,970 Total Positions Budgeted 123 19. Central Funds Budget: Personal Services $ 100,796 Regular Operating Expenses $ 1,233,042 Travel $ 53,706 Motor Vehicle Equipment Purchases $ 269,000 Publications and Printing $ 139,000 Equipment Purchases $ 22,175 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 139,809 Per Diem, Fees and Contracts $ -0- Utilities $ 600,000 Authority Lease Rentals $ 840,000 Minimum Security Facilities Renovation $ 500,000 Court Costs $ 490,000 Inmate Release Funds $ 626,200 County Subsidy $ 4,653,750 County Subsidy for Jails $ 912,500 Central Repair Fund $ 700,000 County Subsidy - Hall County Expansion $ 80,500 Capital Outlay $ 4,590,000 Total Funds Budgeted $ 15,950,478 State Funds Budgeted $ 15,785,478 Total Positions Budgeted 3 20. Training and Staff Development Center Budget: Personal Services $ 625,998 Regular Operating Expenses $ 162,858 Travel $ 137,209 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 660 Equipment Purchases $ 12,360 Computer Charges $ -0- Real Estate Rentals $ 33,000 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ -0- Utilities $ 21,900 Total Funds Budgeted $ 1,005,985 State Funds Budgeted $ 1,005,985 Total Positions Budgeted 32 21. D.O.T. Work Details Budget: Personal Services $ 400,000 Regular Operating Expenses $ 10,577 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 $ 410,577 State Funds Budgeted $ -0- Total Positions Budgeted 26 22. Food Processing and Distribution Budget: Personal Services $ 2,252,468 Regular Operating Expenses $ 3,705,951 Travel $ 4,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 154,600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,000 Per Diem, Fees and Contracts $ 50,000 Utilities $ -0- Capital Outlay $ -0- Payments to Central State Hospital for Meals $ 1,433,020 Payments to Central State Hospital for Utilities $ 40,600 Total Funds Budgeted $ 7,648,839 State Funds Budgeted $ 7,306,551 Total Positions Budgeted 154 23. Farm Operations Budget: Personal Services $ 579,885 Regular Operating Expenses $ 2,932,884 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 46,265 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 27,800 Utilities $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 3,586,834 State Funds Budgeted $ 3,556,834 Total Positions Budgeted 33 24. Dodge Correctional Institution Budget: Personal Services $ 56,500 Regular Operating Expenses $ 383,285 Travel $ 5,700 Motor Vehicle Equipment Purchases $ 85,000 Publications and Printing $ -0- Equipment Purchases $ 669,515 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 10,000 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Capital Outlay $ 180,000 Total Funds Budgeted $ 1,390,000 State Funds Budgeted $ 1,390,000 Total Positions Budgeted 52 25. Transitional Centers Budget: Personal Services $ 2,010,383 Regular Operating Expenses $ 187,953 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 12,000 Computer Charges $ -0- Real Estate Rentals $ 359,920 Telecommunications $ 30,200 Per Diem, Fees and Contracts $ 5,832 Utilities $ 206,000 Capital Outlay $ -0- Total Funds Budgeted $ 2,819,288 State Funds Budgeted $ 2,819,288 Total Positions Budgeted 119 26. Augusta Correctional and Medical Institution Budget: Personal Services $ 125,348 Regular Operating Expenses $ 448,303 Travel $ 4,062 Motor Vehicle Equipment Purchases $ 116,000 Publications and Printing $ -0- Equipment Purchases $ 891,696 Computer Charges $ -0- Real Estate Rentals $ 17,440 Telecommunications $ 30,000 Per Diem, Fees and Contracts $ -0- Capital Outlay $ 217,000 Utilities $ 50,000 Health Service Purchases $ 100,151 Total Funds Budgeted $ 2,000,000 State Funds Budgeted $ 2,000,000 Total Positions Budgeted 72 27. Health Care Budget: Personal Services $ 2,736,680 Regular Operating Expenses $ 653,064 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 108,825 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 34,768 Utilities $ -0- Health Service Purchases $ 5,894,048 Total Funds Budgeted $ 9,427,385 State Funds Budgeted $ 9,427,385 Total Positions Budgeted 145 28. Probation Operations Budget: Personal Services $ 10,845,716 Regular Operating Expenses $ 317,906 Travel $ 235,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 30,000 Computer Charges $ -0- Real Estate Rentals $ 213,000 Telecommunications $ 165,000 Per Diem, Fees and Contracts $ 8,000 Utilities $ 5,000 Total Funds Budgeted $ 11,819,622 State Funds Budgeted $ 11,819,622 Total Positions Budgeted 587 29. Diversion Centers Budget: Personal Services $ 2,607,894 Regular Operating Expenses $ 194,994 Travel $ 16,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 14,400 Computer Charges $ -0- Real Estate Rentals $ 248,272 Telecommunications $ 39,300 Per Diem, Fees and Contracts $ 14,000 Utilities $ 154,000 Total Funds Budgeted $ 3,289,560 State Funds Budgeted $ 2,809,085 Total Positions Budgeted 157 Budget Unit Object Classes: Personal Services $ 72,294,345 Regular Operating Expenses $ 15,125,564 Travel $ 620,723 Motor Vehicle Equipment Purchases $ 565,000 Publications and Printing $ 142,810 Equipment Purchases $ 2,499,207 Computer Charges $ 554,288 Real Estate Rentals $ 1,115,946 Telecommunications $ 967,228 Per Diem, Fees and Contracts $ 739,213 Utilities $ 4,544,300 Payments to Central State Hospital for Meals $ 1,433,020 Payments to Central State Hospital for Utilities $ 413,665 Minimum Security Facilities Renovation $ 500,000 Court Costs $ 490,000 Inmate Release Funds $ 626,200 County Subsidy $ 4,653,750 County Subsidy Hall County Expansion $ 80,500 County Subsidy for Jails $ 912,500 Health Service Purchases $ 6,077,169 Central Repair Fund $ 920,247 Authority Lease Rentals $ 840,000 Capital Outlay $ 5,047,000 Total Positions Budgeted 4,532 Authorized Motor Vehicles 488 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. Provided, that the Department is hereby authorized to utilize $20,000 in available funds for a study of the potential utilization of the Atlanta Federal Penitentiary. Provided, that the Department is hereby authorized to redirect $390,000 from funds available to the Georgia Building Authority (Penal) for cell hardening in the L and M Buildings at Georgia State Prison. B. Budget Unit: Board of Pardons and Paroles $ 5,220,161 Board of Pardons and Paroles Budget: Personal Services $ 4,585,526 Regular Operating Expenses $ 102,029 Travel $ 215,821 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,500 Equipment Purchases $ 23,250 Computer Charges $ 5,000 Real Estate Rentals $ 121,542 Telecommunications $ 106,293 Per Diem, Fees and Contracts $ 11,000 County Jail Subsidy $ 37,200 Total Funds Budgeted $ 5,220,161 State Funds Budgeted $ 5,220,161 Total Positions Budgeted 237 Budget Unit Object Classes: Personal Services $ 4,585,526 Regular Operating Expenses $ 102,029 Travel $ 215,821 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,500 Equipment Purchases $ 23,250 Computer Charges $ 5,000 Real Estate Rentals $ 121,542 Telecommunications $ 106,293 Per Diem, Fees and Contracts $ 11,000 County Jail Subsidy $ 37,200 Total Positions Budgeted 237 Authorized Motor Vehicles 2 C. Budget Unit: Georgia Correctional Industries $ -0- Georgia Correctional Industries Budget: Personal Services $ 1,406,407 Regular Operating Expenses $ 511,000 Travel $ 33,000 Motor Vehicle Equipment Purchases $ 86,000 Publications and Printing $ 2,000 Equipment Purchases $ 108,000 Computer Charges $ 1,800 Real Estate Rentals $ 22,500 Telecommunications $ 38,000 Per Diem, Fees and Contracts $ 100,000 Cost of Sales $ 5,320,000 Repayment of Prior Year's Appropriations $ 84,000 Capital Outlay $ 140,000 Total Funds Budgeted $ 7,852,707 State Funds Budgeted $ -0- Total Positions Budgeted 66 Budget Unit Object Classes: Personal Services $ 1,406,407 Regular Operating Expenses $ 511,000 Travel $ 33,000 Motor Vehicle Equipment Purchases $ 86,000 Publications and Printing $ 2,000 Equipment Purchases $ 108,000 Computer Charges $ 1,800 Real Estate Rentals $ 22,500 Telecommunications $ 38,000 Per Diem, Fees and Contracts $ 100,000 Cost of Sales $ 5,320,000 Repayment of Prior Year's Appropriations $ 84,000 Capital Outlay $ 140,000 Total Positions Budgeted 66 Authorized Motor Vehicles 16

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Section 34. Department of Public Safety. Budget Unit: Department of Public Safety $ 46,590,504 1. Office of Highway Safety Budget: Personal Services $ 378,749 Regular Operating Expenses $ 24,720 Travel $ 17,850 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,500 Equipment Purchases $ 15,550 Computer Charges $ 10,780 Real Estate Rentals $ 30,071 Telecommunications $ 15,000 Per Diem, Fees and Contracts $ 50,000 Postage $ 4,500 Total Funds Budgeted $ 552,720 State Funds Budgeted $ 125,680 Total Positions Budgeted 14 2. Administration Budget: Personal Services $ 3,530,466 Regular Operating Expenses $ 1,527,183 Travel $ 101,787 Motor Vehicle Equipment Purchases $ 9,500 Publications and Printing $ 173,141 Equipment Purchases $ 140,515 Computer Charges $ 33,517 Real Estate Rentals $ -0- Telecommunications $ 163,950 Per Diem, Fees and Contracts $ 83,440 Postage $ 33,300 Total Funds Budgeted $ 5,796,799 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 5,565,931 Total Positions Budgeted 180 3. Driver Services Budget: Personal Services $ 4,998,940 Regular Operating Expenses $ 166,544 Travel $ 4,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 796,100 Equipment Purchases $ 62,560 Computer Charges $ 1,417,522 Real Estate Rentals $ 6,198 Telecommunications $ 73,793 Per Diem, Fees and Contracts $ 4,500 Postage $ 563,215 Conviction Reports $ 180,000 Capital Outlay $ -0- Total Funds Budgeted $ 8,273,572 Indirect DOAS Services Funding $ 1,095,000 State Funds Budgeted $ 7,178,572 Total Positions Budgeted 308 4. Field Operations Budget: Personal Services $ 23,205,684 Regular Operating Expenses $ 3,800,467 Travel $ 18,400 Motor Vehicle Equipment Purchases $ 2,080,000 Publications and Printing $ 214,800 Equipment Purchases $ -0- Computer Charges $ 517,777 Real Estate Rentals $ 1,896 Telecommunications $ 551,100 Per Diem, Fees and Contracts $ 7,900 Postage $ 34,800 Capital Outlay $ -0- Total Funds Budgeted $ 30,432,824 Indirect DOAS Services Funding $ 405,000 State Funds Budgeted $ 30,027,824 Total Positions Budgeted 969 5. Georgia Peace Office Standards and Training Budget: Personal Services $ 611,236 Regular Operating Expenses $ 1,623,316 Travel $ 26,200 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 19,706 Equipment Purchases $ 3,250 Computer Charges $ 45,738 Real Estate Rentals $ 39,250 Telecommunications $ 19,600 Per Diem, Fees and Contracts $ 30,291 Postage $ 4,300 Total Funds Budgeted $ 2,429,387 State Funds Budgeted $ 2,338,020 Total Positions Budgeted 25 6. Police Academy: Personal Services $ 423,869 Regular Operating Expenses $ 119,680 Travel $ 6,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 13,200 Equipment Purchases $ 2,868 Computer Charges $ 150 Real Estate Rentals $ -0- Telecommunications $ 9,125 Per Diem, Fees and Contracts $ 116,960 Postage $ 2,480 Total Funds Budgeted $ 694,632 State Funds Budgeted $ 671,533 Total Positions Budgeted 16 7. Fire Academy: Personal Services $ 262,647 Regular Operating Expenses $ 40,030 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,800 Equipment Purchases $ 3,400 Computer Charges $ -0- Real Estate Rentals $ 15,182 Telecommunications $ 8,500 Per Diem, Fees and Contracts $ 86,655 Postage $ 4,000 Total Funds Budgeted $ 434,214 State Funds Budgeted $ 400,559 Total Positions Budgeted 12 8. Georgia Firefighter Standards and Training Council Budget: Personal Services $ 106,825 Regular Operating Expenses $ 8,830 Travel $ 8,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,063 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ 3,000 Telecommunications $ 3,000 Per Diem, Fees and Contracts $ 2,500 Postage $ 900 Total Funds Budgeted $ 137,818 State Funds Budgeted $ 137,818 Total Positions Budgeted 4 9. Organized Crime Prevention Council Budget: Personal Services $ 103,694 Regular Operating Expenses $ 15,962 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,700 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,250 Per Diem, Fees and Contracts $ 18,840 Postage $ 1,000 Total Funds Budgeted $ 153,446 State Funds Budgeted $ 94,696 Total Positions Budgeted 3 10. Georgia Public Safety Training Facility Budget: Personal Services $ 51,736 Regular Operating Expenses $ 1,000 Travel $ 13,660 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 7,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 1,000 Per Diem, Fees and Contracts $ 26,099 Capital Outlay $ -0- Total Funds Budgeted $ 100,495 State Funds Budgeted $ 49,871 Total Positions Budgeted 2 Authorized Motor Vehicles 0 Budget Unit Object Classes: Personal Services $ 33,673,846 Regular Operating Expenses $ 7,327,732 Travel $ 218,097 Motor Vehicle Equipment Purchases $ 2,096,000 Publications and Printing $ 1,229,010 Equipment Purchases $ 237,143 Computer Charges $ 2,025,484 Real Estate Rentals $ 95,597 Telecommunications $ 847,318 Per Diem, Fees and Contracts $ 427,185 Postage $ 648,495 Conviction Reports $ 180,000 Capital Outlay $ -0- Total Positions Budgeted 1,533 Authorized Motor Vehicles 1,048

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Provided, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of the membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

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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. It is the intent of this General Assembly that for the purpose of purchasing Police Pursuit Motor Vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of Police Pursuit Vehicles when such purchases are made by the State of Georgia, or otherwise placed a part of a State of Georgia Contract. Provided, further, that the development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. Provided, further, the Department of Administrative Services is hereby instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year. Section 35. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 11,374,727 Departmental Operations Budget: Payments to Employees' Retirement System $ 156,627 Employer Contributions $ 11,218,100 Total Funds Budgeted $ 11,374,727 State Funds Budgeted $ 11,374,727 Budget Unit Object Classes: Payments to Employees' Retirement System $ 156,627 Employer Contributions $ 11,218,100

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Section 36. Public Service Commission. Budget Unit: Public Service Commission $ 3,520,206 1. Administration Budget: Personal Services $ 700,664 Regular Operating Expenses $ 16,824 Travel $ 8,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,150 Equipment Purchases $ 4,875 Computer Charges $ -0- Real Estate Rentals $ 64,275 Telecommunications $ 24,445 Per Diem, Fees and Contracts $ 6,000 Total Funds Budgeted $ 826,733 State Funds Budgeted $ 825,233 Total Positions Budgeted 23 2. Transportation Budget: Personal Services $ 969,975 Regular Operating Expenses $ 126,660 Travel $ 33,479 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,500 Equipment Purchases $ 2,625 Computer Charges $ -0- Real Estate Rentals $ 55,221 Telecommunications $ 19,500 Per Diem, Fees and Contracts $ 14,775 Total Funds Budgeted $ 1,230,735 State Funds Budgeted $ 1,230,735 Total Positions Budgeted 48 3. Utilities Budget: Personal Services $ 1,199,944 Regular Operating Expenses $ 52,260 Travel $ 72,731 Motor Vehicle Equipment Purchases $ 6,250 Publications and Printing $ 2,111 Equipment Purchases $ 2,450 Computer Charges $ 15,924 Real Estate Rentals $ 42,005 Telecommunications $ 32,700 Per Diem, Fees and Contracts $ 114,014 Total Funds Budgeted $ 1,540,389 State Funds Budgeted $ 1,464,238 Total Positions Budgeted 53 Budget Unit Object Classes: Personal Services $ 2,870,583 Regular Operating Expenses $ 195,744 Travel $ 114,710 Motor Vehicle Equipment Purchases $ 6,250 Publications and Printing $ 11,761 Equipment Purchases $ 9,950 Computer Charges $ 15,924 Real Estate Rentals $ 161,501 Telecommunications $ 76,645 Per Diem, Fees and Contracts $ 134,789 Total Positions Budgeted 124 Authorized Motor Vehicles 26

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Section 37. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 513,253,564 1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 383,109,662 Sponsored Operations $ 55,925,817 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 99,429,271 Sponsored Operations $ 43,878,947 Office of Minority Business Enterprise $ 183,763 Special Desegregation Programs $ 250,000 Satellite Medical Facility Program $ 500,000 Teachers' Retirement $ 45,213,478 Authority Lease Rentals $ 20,877,000 Capital Outlay $ 19,004,005 Total Funds Budgeted $ 668,371,943 Less Agency Funds: Departmental Income $ 13,729,954 Sponsored Income $ 105,867,042 Other Funds $ 101,414,107 Auxiliary Income $ 5,121,983 Indirect Communication Charges $ 3,027,300 State Funds Budgeted $ 439,211,557 Total Positions Budgeted 16,481 Provided, that from appropriated funds in A, the amount of $20,877,000 in F.Y. 1982 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. 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, except that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. 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, $3,000,000 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. Provided, the State Board of Regents shall be permitted to use available surplus from the Resident Instruction Budget Unit for Capital Outlay and Equipment Purchases only. 2. Marine Resources Extension Center Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 538,476 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 273,020 Sponsored Operations $ 9,623 Total Funds Budgeted $ 821,119 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 9,623 Other Funds $ 117,869 Indirect DOAS Services Funding $ 9,800 State Funds Budgeted $ 683,827 Total Positions Budgeted 26 3. Skidaway Institute of Oceanography Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 707,943 Sponsored Operations $ 672,800 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 519,300 Sponsored Operations $ 869,200 Total Funds Budgeted $ 2,769,243 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 1,542,000 Other Funds $ 316,381 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 910,862 Total Positions Budgeted 33 4. Marine Institute Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 332,009 Sponsored Operations $ 196,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 176,200 Sponsored Operations $ 154,000 Total Funds Budgeted $ 858,209 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 350,000 Other Funds $ 10,516 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 497,693 Total Positions Budgeted 20 5. Engineering Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 8,191,149 Sponsored Operations $ 19,736,235 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 6,345,900 Sponsored Operations $ 16,165,006 Agricultural Research $ 396,801 Total Funds Budgeted $ 50,835,091 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 35,901,241 Other Funds $ 9,887,145 Indirect DOAS Services Funding $ 117,600 State Funds Budgeted $ 4,929,105 Total Positions Budgeted 310 6. Engineering Extension Division Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 924,387 Sponsored Operations $ 35,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 470,675 Sponsored Operations $ 15,000 Advanced Technology Development Center $ 358,555 Total Funds Budgeted $ 1,803,617 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 50,000 Other Funds $ 843,017 Indirect DOAS Services Funding $ 12,200 State Funds Budgeted $ 898,400 Total Positions Budgeted 36 7. Agricultural Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 17,186,793 Sponsored Operations $ 3,575,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 7,217,100 Sponsored Operations $ 1,925,000 Capital Outlay $ -0- Total Funds Budgeted $ 29,903,893 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 5,500,000 Other Funds $ 6,180,600 Indirect DOAS Services Funding $ 95,900 State Funds Budgeted $ 18,127,393 Total Positions Budgeted 848 8. Cooperative Extension Service Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 19,681,551 Sponsored Operations $ 4,590,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 2,971,900 Sponsored Operations $ 2,010,000 Total Funds Budgeted $ 29,253,451 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 6,600,000 Other Funds $ 4,875,500 Indirect DOAS Services Funding $ 126,700 State Funds Budgeted $ 17,651,251 Total Positions Budgeted 951 9. Eugene Talmadge Memorial Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 38,200,582 Sponsored Operations $ 2,377,513 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 16,893,220 Sponsored Operations $ 611,238 Capital Outlay - ETMH Renovations $ 2,500,000 Total Funds Budgeted $ 60,582,553 Less Agency Funds: Departmental Income $ 837,201 Sponsored Income $ 2,988,751 Other Funds $ 31,083,198 Board of Corrections $ 1,647,000 Indirect DOAS Services Funding $ 193,500 State Funds Budgeted $ 23,832,903 Total Positions Budgeted 2,785 10. Veterinary Medicine Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 730,000 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 353,550 Sponsored Operations $ -0- Agricultural Research $ 300,000 Disease Research $ 70,000 Fire Ant Research $ 150,000 Total Funds Budgeted $ 1,603,550 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ -0- Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 1,603,550 Total Positions Budgeted 30 11. Veterinary Medicine Teaching Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 658,697 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs $ 742,668 Sponsored Operations $ -0- Total Funds Budgeted $ 1,401,365 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 1,050,000 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 351,365 Total Positions Budgeted 60 12. Family Practice Residency Program Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 106,426 Operating Expenses: Educ., Gen., and Dept. Svcs $ 118,360 Capitation Contracts for Family Practice Residency $ 1,880,000 Residency Capitation Grants $ 1,785,000 New Program Development Contracts for Family Practice Residency $ 225,000 Student Preceptorships $ 135,000 Total Funds Budgeted $ 4,249,786 State Funds Budgeted $ 4,249,786 Total Positions Budgeted 4 Provided, that of the above appropriation, $135,000 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. 13. Georgia Radiation Therapy Center Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 503,171 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs $ 147,000 Sponsored Operations $ -0- Total Funds Budgeted $ 650,171 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 344,299 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 305,872 Total Positions Budgeted 32 Budget Unit Object Classes: Personal Services: Educ., Gen., and Dept. Svcs $ 470,870,846 Sponsored Operations $ 87,108,365 Operating Expenses: Educ., Gen., and Dept. Svcs $ 135,658,164 Sponsored Operations $ 65,638,014 Office of Minority Business Enterprise $ 183,763 Special Desegregation Programs $ 250,000 Satellite Medical Facility Program $ 500,000 Fire Ant Research $ 150,000 Agricultural Research $ 696,801 Disease Research $ 70,000 Advanced Technology Development Center $ 358,555 Capitation Contracts for Family Practice Residency $ 1,880,000 New Program Development Contracts for Family Practice Residency $ 225,000 Residency Capitation Grants $ 1,785,000 Student Preceptorships $ 135,000 Teachers' Retirement $ 45,213,478 Authority Lease Rentals $ 20,877,000 Capital Outlay - ETMH Renovations $ 2,500,000 Capital Outlay $ 19,004,005 Total Positions Budgeted 21,616 Provided, that none of the funds appropriated for Fire Ant Research shall be expended unless matching funds are provided by the U.S.D.A. B. Budget Unit: Regents Central Office $ 14,675,060 Regents Central Office Budget: Personal Services $ 2,661,480 Operating Expenses $ 675,200 SREB Payments $ 3,776,700 Medical Scholarships $ 510,000 Regents Opportunity Grants $ 500,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 6,136,680 Rental Payments to Georgia Military College $ 190,000 Central Savannah River Area Business League $ 25,000 Total Funds Budgeted $ 14,675,060 State Funds Budgeted $ 14,675,060 Total Positions Budgeted 98 Budget Unit Object Classes: Personal Services $ 2,661,480 Operating Expenses $ 675,200 SREB Payments $ 3,776,700 Medical Scholarships $ 510,000 Regents Opportunity Grants $ 500,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 6,136,680 Rental Payments to Georgia Military College $ 190,000 Central Savannah River Area Business League $ 25,000 Total Positions Budgeted 98 Authorized Motor Vehicles 0 Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to

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be based on a rate of $772 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student. Section 38. Department of Revenue. Budget Unit: Department of Revenue $ 33,251,339 1. Departmental Administration Budget: Personal Services $ 966,530 County Tax Officials/Retirement and FICA $ 573,000 Regular Operating Expenses $ 126,396 Travel $ 16,753 Motor Vehicle Equipment Purchases $ 8,400 Publications and Printing $ 16,000 Equipment Purchases $ 2,730 Computer Charges $ 12,000 Real Estate Rentals $ -0- Telecommunications $ 20,800 Per Diem, Fees and Contracts $ 5,000 Postage $ 100 Total Funds Budgeted $ 1,747,709 Indirect Georgia Building Authority Rents $ -0- State Funds Budgeted $ 1,747,709 Total Positions Budgeted 33 2. Motor Vehicle Administration Budget: Personal Services $ 4,230,118 Regular Operating Expenses $ 199,810 Travel $ 5,921 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 257,100 Equipment Purchases $ 36,543 Computer Charges $ 1,913,697 Real Estate Rentals $ -0- Telecommunications $ 83,700 Per Diem, Fees and Contracts $ -0- Motor Vehicle Tag Purchases $ 2,000,000 Motor Vehicle Decal Purchases $ 387,500 Postage $ -0- Total Funds Budgeted $ 9,114,389 Indirect DOAS Services Funding $ 1,050,000 State Funds Budgeted $ 8,064,389 Total Positions Budgeted 256 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $2,000,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 1,960,000 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. 3. Property Tax Budget: Personal Services $ 1,179,417 Regular Operating Expenses $ 57,958 Travel $ 72,396 Motor Vehicle Equipment Purchases $ 21,800 Publications and Printing $ 88,000 Equipment Purchases $ 1,800 Computer Charges $ 330,249 Real Estate Rentals $ -0- Telecommunications $ 20,500 Per Diem, Fees and Contracts $ 206,500 Loans to Counties/Property Reevaluation $ -0- Grants to Counties/Appraisal Staff $ 1,430,000 Intangible Tax Equalization Fund $ -0- Postage $ 11,000 Total Funds Budgeted $ 3,419,620 Repayment of Loans to Counties/Property Revaluation $ -0- Indirect DOAS Services Funding $ 250,000 State Funds Budgeted $ 3,169,620 Total Positions Budgeted 62 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 $ 1,385,053 Regular Operating Expenses $ 17,030 Travel $ 3,201 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 68,000 Equipment Purchases $ 4,250 Computer Charges $ 556,150 Real Estate Rentals $ -0- Telecommunications $ 25,280 Per Diem, Fees and Contracts $ -0- Postage $ 85,200 Total Funds Budgeted $ 2,144,164 Indirect DOAS Services Funding $ 305,000 State Funds Budgeted $ 1,839,164 Total Positions Budgeted 85 5. Motor Fuel Taxation Budget: Personal Services $ 650,479 Regular Operating Expenses $ 5,580 Travel $ 2,082 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 52,000 Equipment Purchases $ 1,850 Computer Charges $ 240,591 Real Estate Rentals $ -0- Telecommunications $ 13,300 Per Diem, Fees and Contracts $ -0- Postage $ -0- Total Funds Budgeted $ 965,882 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 865,882 Total Positions Budgeted 37 6. Income Taxation Budget: Personal Services $ 2,360,518 Regular Operating Expenses $ 40,890 Travel $ 3,147 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 325,000 Equipment Purchases $ 10,250 Computer Charges $ 2,056,494 Real Estate Rentals $ -0- Telecommunications $ 39,450 Per Diem, Fees and Contracts $ -0- Postage $ 251,800 Total Funds Budgeted $ 5,087,549 Indirect DOAS Services Funding $ 1,500,000 State Funds Budgeted $ 3,587,549 Total Positions Budgeted 126 7. Central Audit Budget: Personal Services $ 2,361,352 Regular Operating Expenses $ 11,376 Travel $ 419,350 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 2,500 Computer Charges $ 13,500 Real Estate Rentals $ 9,750 Telecommunications $ 17,200 Per Diem, Fees and Contracts $ -0- Postage $ 50 Total Funds Budgeted $ 2,837,578 State Funds Budgeted $ 2,837,578 Total Positions Budgeted 82 8. Field Audit Services Budget: Personal Services $ 6,120,446 Regular Operating Expenses $ 197,750 Travel $ 309,290 Motor Vehicle Equipment Purchases $ 36,573 Publications and Printing $ 66,500 Equipment Purchases $ 25,590 Computer Charges $ 79,734 Real Estate Rentals $ 161,760 Telecommunications $ 167,600 Per Diem, Fees and Contracts $ -0- Postage $ 60,541 Total Funds Budgeted $ 7,225,784 Indirect DOAS Services Funding $ 50,000 State Funds Budgeted $ 7,175,784 Total Positions Budgeted 307 9. Internal Administration Budget: Personal Services $ 1,235,537 Regular Operating Expenses $ 142,780 Travel $ 1,196 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300,000 Equipment Purchases $ 132,050 Computer Charges $ 65,642 Real Estate Rentals $ 814,679 Telecommunications $ 13,780 Per Diem, Fees and Contracts $ -0- Postage $ 1,258,000 Total Funds Budgeted $ 3,963,664 Indirect Georgia Building Authority Rents $ -0- State Funds Budgeted $ 3,963,664 Total Positions Budgeted 69 Budget Unit Object Classes: Personal Services $ 20,489,450 County Tax Officials/Retirement and FICA $ 573,000 Regular Operating Expenses $ 799,570 Travel $ 833,336 Motor Vehicle Equipment Purchases $ 66,773 Publications and Printing $ 1,175,100 Equipment Purchases $ 217,563 Computer Charges $ 5,268,057 Real Estate Rentals $ 986,189 Telecommunications $ 401,610 Per Diem, Fees and Contracts $ 211,500 Loans to Counties/Property Reevaluation $ -0- Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tag Purchases $ 2,000,000 Motor Vehicle Decal Purchases $ 387,500 Intangible Tax Equalization Fund $ -0- Postage $ 1,666,691 Total Positions Budgeted 1,057 Authorized Motor Vehicles 60

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Section 39. Secretary of State. A. Budget Unit: Secretary of State $ 12,263,100 1. Occupational Certification Budget: Personal Services $ 2,636,786 Regular Operating Expenses $ 822,921 Travel $ 115,172 Motor Vehicle Equipment Purchases $ 36,000 Publications and Printing $ 104,216 Equipment Purchases $ 23,283 Computer Charges $ 277,458 Real Estate Rentals $ 201,136 Telecommunications $ 68,940 Per Diem, Fees and Contracts $ 345,785 Total Funds Budgeted $ 4,631,697 State Funds Budgeted $ 4,631,149 Total Positions Budgeted 136 Occupational Certification Functional Budgets Board Costs Cost of Operations Accounting $ 119,185 $ 219,987 Architect $ 26,777 $ 90,210 Athletic Trainers $ 1,032 $ 1,647 Auctioneers $ 4,279 $ 28,435 Barbers $ 12,889 $ 188,473 Chiropractic $ 5,983 $ 36,343 Construction Industry $ 54,769 $ 211,957 Cosmetology $ 27,582 $ 631,638 Dentistry $ 38,642 $ 194,365 Engineers $ 53,173 $ 272,000 Forestry $ 4,070 $ 23,043 Funeral Service $ 13,841 $ 116,839 Geology $ 4,020 $ 27,818 Hearing Aid $ 4,020 $ 27,818 Landscape Architect $ 3,850 $ 15,037 Librarians $ 1,470 $ 15,641 Marriage and Family Counselors $ -0- $ -0- Medical Examiners $ 143,889 $ 698,255 Nursing Home Administrators $ 11,509 $ 28,763 Board of Nursing $ 111,336 $ 630,477 Dispensing Opticians $ 5,203 $ 26,788 Optometry $ 6,365 $ 32,068 Occupational Therapy $ 1,126 $ 5,491 Pest Control $ 8,145 $ 72,764 Pharmacy $ 46,245 $ 293,625 Physical Therapy $ 12,955 $ 31,087 Podiatry $ 1,919 $ 13,604 Polygraph Examiners $ 713 $ 12,755 Practical Nursing $ 58,268 $ 315,837 Private Detective $ -0- $ 193,836 Psychologist $ 19,428 $ 50,156 Recreation $ 3,366 $ 17,603 Sanitarian $ 4,256 $ 18,688 Speech Pathology $ 4,969 $ 18,619 Used Car Dealers $ 10,451 $ 175,141 Used Car Parts $ -0- $ 6,857 Veterinary $ 20,205 $ 67,270] Wastewater $ 7,434 $ 51,214 Well Water $ 2,884 $ 9,439 Administration $ -0- $ -0- Investigative $ -0- $ -0- Total $ 857,086 $ 4,861,225

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2. Securities Regulation Budget: Personal Services $ 421,611 Regular Operating Expenses $ 29,550 Travel $ 8,265 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,500 Equipment Purchases $ 1,120 Computer Charges $ 17,366 Real Estate Rentals $ 17,290 Telecommunications $ 9,878 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 510,580 State Funds Budgeted $ 505,070 Total Positions Budgeted 19 3. Corporations Regulation Budget: Personal Services $ 496,923 Regular Operating Expenses $ 20,894 Travel $ 2,982 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,320 Equipment Purchases $ 1,800 Computer Charges $ 118,508 Real Estate Rentals $ 54,420 Telecommunications $ 40,200 Per Diem, Fees and Contracts $ -0- Postage $ 38,300 Total Funds Budgeted $ 793,347 State Funds Budgeted $ 793,347 Total Positions Budgeted 31 4. Drugs and Narcotics Budget: Personal Services $ 405,894 Regular Operating Expenses $ 33,175 Travel $ 23,714 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ 1,400 Computer Charges $ -0- Real Estate Rentals $ 5,782 Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 2,500 Total Funds Budgeted $ 477,765 State Funds Budgeted $ 477,765 Total Positions Budgeted 15 5. Archives and Records Budget: Personal Services $ 1,848,535 Regular Operating Expenses $ 198,783 Travel $ 41,251 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 18,015 Equipment Purchases $ 46,750 Computer Charges $ 15,000 Real Estate Rentals $ 28,707 Telecommunications $ 39,426 Per Diem, Fees and Contracts $ 6,266 Capital Outlay $ -0- Authority Lease Rentals $ 1,276,000 Total Funds Budgeted $ 3,526,733 State Funds Budgeted $ 3,376,699 Total Positions Budgeted 93 6. General Services Budget: Personal Services $ 546,088 Regular Operating Expenses $ 48,612 Travel $ 2,257 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 112,974 Equipment Purchases $ 2,233 Computer Charges $ -0- Real Estate Rentals $ 6,085 Telecommunications $ 13,156 Per Diem, Fees and Contracts $ 1,860 Total Funds Budgeted $ 733,265 State Funds Budgeted $ 729,538 Total Positions Budgeted 29 7. Internal Administration Budget: Personal Services $ 784,673 Regular Operating Expenses $ 47,953 Travel $ 4,624 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 100,000 Equipment Purchases $ 1,100 Computer Charges $ 6,000 Real Estate Rentals $ 21,239 Telecommunications $ 26,839 Per Diem, Fees and Contracts $ 1,000 Postage $ 29,000 Total Funds Budgeted $ 1,022,428 State Funds Budgeted $ 1,022,428 Total Positions Budgeted 35 8. State Campaign and Financial Disclosure Commission Budget: Personal Services $ 73,571 Regular Operating Expenses $ 9,955 Travel $ 3,230 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 9,492 Telecommunications $ 3,600 Per Diem, Fees and Contracts $ 5,637 Total Funds Budgeted $ 114,485 State Funds Budgeted $ 114,485 Total Positions Budgeted 3 9. Elections and Campaign Disclosure Budget: Personal Services $ 177,881 Regular Operating Expenses $ 20,955 Travel $ 2,259 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,524 Per Diem, Fees and Contracts $ 1,000 Election Expenses $ 400,000 Total Funds Budgeted $ 612,619 State Funds Budgeted $ 612,619 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 7,391,962 Regular Operating Expenses $ 1,232,798 Travel $ 203,754 Motor Vehicle Equipment Purchases $ 44,000 Publications and Printing $ 373,325 Equipment Purchases $ 77,686 Computer Charges $ 434,332 Real Estate Rentals $ 344,151 Telecommunications $ 211,563 Per Diem, Fees and Contracts $ 366,048 Election Expenses $ 400,000 Postage $ 67,300 Capital Outlay $ -0- Authority Lease Rentals $ 1,276,000 Total Positions Budgeted 369 Authorized Motor Vehicles 70 B. Budget Unit: Real Estate Commission $ 931,299 Real Estate Commission Budget: Personal Services $ 484,754 Regular Operating Expenses $ 203,759 Travel $ 13,332 Motor Vehicle Equipment Purchases $ 14,000 Publications and Printing $ 29,000 Equipment Purchases $ 18,776 Computer Charges $ 53,387 Real Estate Rentals $ 30,450 Telecommunications $ 13,041 Per Diem, Fees and Contracts $ 70,800 Total Funds Budgeted $ 931,299 State Funds Budgeted $ 931,299 Total Positions Budgeted 27

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Real Estate Commission Functional Budget State Funds Cost of Operations Pos. Real Estate Commission $ 931,299 $ 975,602 27 Budget Unit Object Classes: Personal Services $ 484,754 Regular Operating Expenses $ 203,759 Travel $ 13,332 Motor Vehicle Equipment Purchases $ 14,000 Publications and Printing $ 29,000 Equipment Purchases $ 18,776 Computer Charges $ 53,387 Real Estate Rentals $ 30,450 Telecommunications $ 13,041 Per Diem, Fees and Contracts $ 70,800 Total Positions Budgeted 27 Authorized Motor Vehicles 11 Section 40. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission $ 15,528,138 1. Internal Administration Activity Budget: Personal Services $ 1,527,013 Regular Operating Expenses $ 167,592 Travel $ 33,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,000 Equipment Purchases $ 509,495 Computer Charges $ 89,545 Real Estate Rentals $ 129,400 Telecommunications $ 50,200 Per Diem, Fees and Contracts $ 95,000 Total Funds Budgeted $ 2,652,145 State Funds Budgeted $ -0- Total Positions Budgeted 77 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees $ 451,250 Total Funds Budgeted $ 451,250 State Funds Budgeted $ 406,250 Total Positions Budgeted 0 3. Georgia Student Finance Authority Budget: Guaranteed Educational Loans $ 2,785,250 Tuition Equalization Grants $ 10,500,000 Student Incentive Grants $ 3,568,800 North Georgia College ROTC Grants $ 134,000 Law Enforcement Personnel Dependents' Grants $ 22,000 Georgia Military Scholarship Grants $ 23,510 Total Funds Budgeted $ 17,033,560 State Funds Budgeted $ 15,121,888 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 1,527,013 Regular Operating Expenses $ 167,592 Travel $ 33,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,000 Equipment Purchases $ 509,495 Computer Charges $ 89,545 Real Estate Rentals $ 129,400 Telecommunications $ 50,200 Per Diem, Fees and Contracts $ 95,000 Payment of Interest and Fees $ 451,250 Guaranteed Educational Loans $ 2,785,250 Tuition Equalization Grants $ 10,500,000 Student Incentive Grants $ 3,568,800 Law Enforcement Personnel Dependents' Grants $ 22,000 North Georgia College ROTC Grants $ 134,000 Georgia Military Scholarship Grants $ 23,510 Total Positions Budgeted 77 Authorized Motor Vehicles 1

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Provided, that of the above appropriated amount relative to Educational Loans an amount not to exceed $12,000 may be used to provide 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 cancellable loans to students. Provided, that the above appropriated amount relative to Educational Loans shall otherwise be used to provide loans to students as provided for in Article 3 of Code Chapter 32-37, 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 of Code Section 32-3750, 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 paramedical and other professional and educational fields of study; (b) an amount not to exceed

Page 381

$140,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard; (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; and (d) an amount not to exceed $40,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agricultural teachers. Provided, that the above appropriated amount relative to Student Incentive Grants provides for payment of need-based grants to undergraduate students as provided for in Article 4 of Code Chapter 32-37. Provided, that the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $675 per academic year, and for payment of grants for the 1981 summer school quarter or semester, to undergraduate students attending private colleges in Georgia as provided for in Article 5 of Code Chapter 32-37. Provided, that the above appropriated amount relative to North Georgia College ROTC Grants provides for payment of grants to eligible students as provided for in Article 6 of Code Chapter 32-37. Provided, that the above appropriated amount relative to Law Enforcement Personnel Dependents' Grants provides for payment of grants to eligible students as provided for in Article 7 of Code Chapter 32-37. Provided, that the above appropriated amount relative to North Georgia College Military Scholarships provides for payment of scholarships to select recipients as provided for in Article 9 of Code Chapter 32-37.

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Provided, that the above appropriated amount relative to Payment of Interest and Fees is designated and committed for the purpose of enabling the Georgia Higher Education Assistance Corporation to make state interest subsidy payments to lenders as provided for in Code Section 32-3314, and loan discount fee payments to lenders as provided for in Code Section 32-3315. 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 making timely payments of interest and special allowances to lenders as provided for in Code Section 32-3313 and Code Section 32-3710. Section 41. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 796,994 1. Soil and Water Conservation Central Office Budget: Personal Services $ 367,383 Regular Operating Expenses $ 37,500 Travel $ 39,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 18,900 Equipment Purchases $ 4,000 Computer Charges $ -0- Real Estate Rentals $ 15,300 Telecommunications $ 9,200 Per Diem, Fees and Contracts $ 141,200 Total Funds Budgeted $ 632,483 State Funds Budgeted $ 632,483 Total Positions Budgeted 12 2. Soil and Water Conservation Dam Safety Budget: Personal Services $ 120,521 Regular Operating Expenses $ 12,550 Travel $ 9,790 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 500 Computer Charges $ 4,000 Real Estate Rentals $ 4,350 Telecommunications $ 2,800 Per Diem, Fees and Contracts $ 8,000 Total Funds Budgeted $ 164,511 State Funds Budgeted $ 164,511 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 487,904 Regular Operating Expenses $ 50,050 Travel $ 48,790 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,900 Equipment Purchases $ 4,500 Computer Charges $ 4,000 Real Estate Rentals $ 19,650 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 149,200 Total Positions Budgeted 17 Authorized Motor Vehicles 3

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Section 42. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 2,089,000 Departmental Operations Budget: Personal Services $ 1,235,056 Regular Operating Expenses $ 69,500 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,000 Equipment Purchases $ 5,000 Computer Charges $ 368,428 Real Estate Rentals $ 72,196 Telecommunications $ 38,000 Per Diem, Fees and Contracts $ 115,000 Postage $ 60,000 Floor Fund for Local Retirement Systems $ 1,097,000 Employer Contributions $ 992,000 Total Funds Budgeted $ 4,090,180 State Funds Budgeted $ 2,089,000 Total Positions Budgeted 61 Budget Unit Object Classes: Personal Services $ 1,235,056 Regular Operating Expenses $ 69,500 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,000 Equipment Purchases $ 5,000 Computer Charges $ 368,428 Real Estate Rentals $ 72,196 Telecommunications $ 38,000 Per Diem, Fees and Contracts $ 115,000 Postage $ 60,000 Floor Fund for Local Retirement Systems $ 1,097,000 Employer Contributions $ 992,000 Total Positions Budgeted 61 Authorized Motor Vehicles 1

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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 43. Department of Transportation. Budget Unit: Department of Transportation $ 412,618,699 1. Planning and Construction Budget: Personal Services $ 68,838,559 Regular Operating Expenses $ 4,023,131 Travel $ 1,373,885 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 249,800 Equipment Purchases $ 50,545 Computer Charges $ -0- Real Estate Rentals $ 31,125 Telecommunications $ 823,020 Per Diem, Fees and Contracts $ 8,767,791 Capital Outlay $ 343,479,646 Total Funds Budgeted $ 427,637,502 State Funds Budgeted $ 169,152,502 Total Positions Budgeted 3,186 2. Maintenance and Betterments Budget: Personal Services $ 53,022,336 Regular Operating Expenses $ 33,108,086 Travel $ 310,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,250 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 109,650 Per Diem, Fees and Contracts $ 990,175 Capital Outlay $ 90,150,000 Total Funds Budgeted $ 177,701,297 State Funds Budgeted $ 175,601,297 Total Positions Budgeted 3,725 3. Authorities Budget: Authority Lease Rentals $ 24,805,619 State of Georgia General Obligation Debt Sinking Fund $ 3,724,517 Total Funds Budgeted $ 28,530,136 State Funds Budgeted $ 28,530,136 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases $ 1,000,000 Equipment Purchases $ 2,200,000 Capital Outlay $ 300,000 Total Funds Budgeted $ 3,500,000 State Funds Budgeted $ 3,400,000 5. Assistance to Counties Budget: Grants to Counties $ 9,317,013 Total Funds Budgeted $ 9,317,013 State Funds Budgeted $ 9,317,013 6. Administration Budget: Personal Services $ 7,593,372 Regular Operating Expenses $ 2,133,014 Travel $ 118,363 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 168,850 Equipment Purchases $ -0- Computer Charges $ 1,217,500 Real Estate Rentals $ 909,512 Telecommunications $ 201,070 Per Diem, Fees and Contracts $ 170,000 Total Funds Budgeted $ 12,511,681 State Funds Budgeted $ 12,511,681 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. Provided further, it is the intent of this General Assembly that the Department of Transportation is authorized to use interstate rehabilitation funds for four-laning and passing lanes. 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 $ 312,629.00 Augusta Railroad Project $ 1,500,000.00 Capital Outlay - Paving State and Local Schools and State Institutions $ 750,000.00 Paving State Parks and Historic Sites $ 500,000.00 Capital Outlay - Paving Farmers Markets $ 250,000.00 Maintenance and Betterments Capital Outlay - Rehabilitation and Improvements - Off System $ 14,388,137.06 This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article III, Section X, Paragraph VII, subsection (b) of the State Constitution. 7. Assistance to Municipalities Budget: Grants to Municipalities $ 9,317,000 Total Funds Budgeted $ 9,317,000 State Funds Budgeted $ 9,317,000 For grants to municipalities for Capital Outlay in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended. Provided, further, that a member of the governing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Fiscal Division of the Department of Administrative Services. At the request of the Governor or the Office of Planning and Budget or the Director of the Department of Transportation, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year. Provided, further, that the above sums shall be distributed and disbursed to the various municipalities on a quarterly basis, such payments to be made on the last day of each quarter. 8. Air Transportation Budget: Personal Services $ 495,160 Regular Operating Expenses $ 399,269 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ 11,000 Computer Charges $ -0- Real Estate Rentals $ 1 Telecommunications $ 4,200 Per Diem, Fees and Contracts $ 2,500 Capital Outlay $ -0- Total Funds Budgeted $ 924,330 State Funds Budgeted $ 574,330 Total Positions Budgeted 17 9. Inter-Modal Transfer Facilities Budget: Personal Services $ 625,632 Regular Operating Expenses $ 49,620 Travel $ 26,275 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,000 Equipment Purchases $ 800 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 17,300 Per Diem, Fees and Contracts $ 453,393 Capital Outlay - Airport Development $ 700,000 Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 300,000 Mass Transit Grants $ 548,220 Total Funds Budgeted $ 3,745,240 State Funds Budgeted $ 3,470,240 Total Positions Budgeted 24 10. Harbor Maintenance Budget: Harbor Maintenance Payments $ 454,500 Capital Outlay - Land Acquisition $ 290,000 Total Funds Budgeted $ 744,500 State Funds Budgeted $ 744,500 Budget Unit Object Classes: Personal Services $ 130,575,059 Regular Operating Expenses $ 39,713,120 Travel $ 1,841,323 Motor Vehicle Equipment Purchases $ 1,000,000 Publications and Printing $ 453,100 Equipment Purchases $ 2,262,345 Computer Charges $ 1,217,500 Real Estate Rentals $ 940,638 Telecommunications $ 1,155,240 Per Diem, Fees and Contracts $ 10,383,859 Capital Outlay $ 433,929,646 Mass Transit Grants $ 548,220 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 454,500 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 24,805,619 Capital Outlay - Airport Development $ 700,000 State of Georgia General Obligation Debt Sinking Fund $ 3,724,517 Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 300,000 Capital Outlay - Land Acquisition $ 290,000 Total Positions Budgeted 7,273 Authorized Motor Vehicles 4,800

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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.

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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 up to but not exceeding one-half () of the Non-federal share when matching both Federal 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 $744,500 of the above allocation for harbor maintenance payments is designated and committed for payment for harbor maintenance and improvements 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 the following class may be reassigned at the discretion of the Department of Transportation as shown: Class Name New Paygrade Transportation Engineer Associate 31 @ 3 or 4 Provided that the Department of Transportation is authorized to retain its Bus Rental Income to operate, maintain, and upgrade the department owned buses.

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Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 10,738,865 1. Veterans Assistance Budget: Personal Services $ 2,957,836 Regular Operating Expenses $ 95,086 Travel $ 83,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,000 Equipment Purchases $ 26,860 Computer Charges $ 100 Real Estate Rentals $ 130,876 Telecommunications $ 61,575 Per Diem, Fees and Contracts $ 6,000 Postage $ 27,800 Total Funds Budgeted $ 3,408,733 State Funds Budgeted $ 3,128,899 Total Positions Budgeted 157 Authorized Motor Vehicles 1 2. Veterans Home and Nursing Facility - Milledgeville Budget: Capital Outlay $ -0- Equipment Purchases $ 52,000 Regular Operating Expenses for Projects $ 63,700 Operating Expenses/Payments to Central State Hospital $ 6,791,112 Total Funds Budgeted $ 6,906,812 State Funds Budgeted $ 5,469,442 3. Veterans Nursing Home - Augusta Budget: Capital Outlay $ -0- Equipment Purchases $ 5,250 Regular Operating Expenses for Projects $ -0- Operating Expense/Payments to Medical College of Georgia $ 2,916,994 Total Funds Budgeted $ 2,922,244 State Funds Budgeted $ 2,140,524 Budget Unit Object Classes: Personal Services $ 2,957,836 Regular Operating Expenses $ 95,086 Travel $ 83,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 19,000 Equipment Purchases $ 84,110 Computer Charges $ 100 Real Estate Rentals $ 130,876 Telecommunications $ 61,575 Per Diem, Fees and Contracts $ 6,000 Capital Outlay $ -0- Postage $ 27,800 Operating Expense/Payments to Central State Hospital $ 6,791,112 Operating Expense/Payments to Medical College of Georgia $ 2,916,994 Regular Operating Expenses for Projects $ 63,700 Total Positions Budgeted 157 Authorized Motor Vehicles 1

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Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 3,896,936 1. Workers' Compensation Administration Budget: Personal Services $ 2,897,230 Regular Operating Expenses $ 111,579 Travel $ 40,465 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 38,000 Equipment Purchases $ 4,200 Computer Charges $ 86,520 Real Estate Rentals $ 229,525 Telecommunications $ 80,000 Per Diem, Fees and Contracts $ 46,319 Postage $ 53,000 Total Funds Budgeted $ 3,586,838 State Funds Budgeted $ 3,572,338 Total Positions Budgeted 127 2. Vocational Rehabilitation Budget: Personal Services $ 270,447 Regular Operating Expenses $ 6,147 Travel $ 9,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ -0- Computer Charges $ 525 Real Estate Rentals $ 21,779 Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 5,300 Postage $ 3,000 Total Funds Budgeted $ 324,598 State Funds Budgeted $ 324,598 Total Positions Budgeted 12 Budget Unit Object Classes: Personal Services $ 3,167,677 Regular Operating Expenses $ 117,726 Travel $ 49,865 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 41,000 Equipment Purchases $ 4,200 Computer Charges $ 87,045 Real Estate Rentals $ 251,304 Telecommunications $ 85,000 Per Diem, Fees and Contracts $ 51,619 Postage $ 56,000 Total Positions Budgeted 139 Authorized Motor Vehicles 1

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Section 46. State of Georgia General Obligation Debt Sinking Fund. Budget Unit: State of Georgia General Obligation Debt Sinking Fund $ 50,703,850 Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $9,130,000 is specifically appropriated for the purpose of financing the expansion of the Georgia World Congress Center

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through the issuance of not more than $83,000,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,300,000 is specifically appropriated for the purpose of financing the acquisition of an office facility, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $459,000 is specifically appropriated for the purpose of financing the construction of an Advanced Technology Center at Georgia Institute of Technology, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $567,000 is specifically appropriated for the purpose of financing the expansion of Unicoi State Park through the issuance of not more than $2,100,000 in principal amount of General Obligation Debt. Section 47. Energy Conservation. Budget Unit: Energy Conservation Program $ 958,143 Total Funds Budgeted $ 1,794,829 State Funds Budgeted $ 958,143 Section 48. In addition to all other appropriations for the fiscal year ending June 30, 1982 there is hereby appropriated $2,425,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $5,503,400 for the purpose of providing operating funds for the State physical health laboratories ($175,000 -

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Budget Unit `A') and for State mental health/mental retardation institutions ($5,328,400 - Budget Unit `C') in the Department of Human Resources. 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 from agency fund collections. Section 49. It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Building Authority (Hospital) and Georgia Building Authority (Penal) utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service appropriations in Fiscal Year 1982 and thereafter. 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. Provided, further, it is the intent of this General Assembly that each State agency utilizing xerographic reproducing equipment maintain a log for each unit of equipment indicating the date, number of copies and such other data determined appropriate to conserve the utilization of such equipment. It is the further intent of this General Assembly that each State agency implement procedures to control usage of long-distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.

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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 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

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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 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 56. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1981, 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

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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 1981 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 1982, 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

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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. 1982 submitted to the General Assembly at the 1981 regular session. Section 59. 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 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

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and Budget, shall cease to be an obligation of the State. Section 60A. An Act providing a supplementary appropriation for the State Fiscal Year ending June 30, 1982, approved January 19, 1982, known as Act 829, is hereby amended by striking `$16,356,000' from page 1 of said Act in the two places it appears and inserting in each place `$15,783,003', by striking `$1,069,000' from subsection A of page 1 of said Act and inserting in lieu thereof `$1,041,234', by striking `$1,272,000' from subsection B of page 1 of said Act and inserting in lieu thereof `$1,128,360', by striking `$6,320,000' from subsection C of page 1 of said Act in the two places it appears and inserting in each place `$6,053,141', by striking `$3,240,000' from subsection D of page 1 of said Act and inserting in lieu thereof `$3,183,271', and by striking `$4,455,000' from subsection E of page 1 of said Act and inserting in lieu thereof `$4,376,997'. Section 61. TOTAL APPROPRIATIONS F.Y. 1982 $3,498,883,445. 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 repealed. Approved March 9, 1982. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. Code Chapter 40-3 Amended. No. 848 (House Bill No. 1459). AN ACT To amend an Act known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, so as to provide that, with respect to application for first certificate of title, any application rejected shall be returned to the holder of the first securtiy interest or lien named in the application or to the owner; to require the Georgia Bureau of Investigation to inspect certain motor vehicles; to provide for the issuance of certificates of title to motor vehicles so inspected; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, is amended by striking Section 13 of said Act in its entirety and inserting in lieu thereof a new Section 13 to read as follows: Section 13. Refusing certificate of title. (a) The commissioner shall refuse issuance of a certificate of title only if any required fee is not paid or if he has reasonable grounds to believe that:

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(1) The applicant is not the owner of the vehicle; (2) The application contains a false or fraudulent statement; (3) The applicant fails to furnish required information or documents or any additional information the commissioner reasonably requires; or (4) The registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state. (b) If the application for first certificate of title is rejected, the application shall be returned to the holder of the first security interest or lien named in the application or to the owner. Section 2. Said Act is further amended by striking Section 20.1 and Section 20.2 of said Act, which read as follows: Section 20.1. Certificate of title for rebuilt motor vehicles; inspection of rebuilt motor vehicles prior to issuance of certificate of title. (a) Upon the receipt of an application for a certificate of title for a rebuilt motor vehicle as defined in Section 2 of this Act, the commissioner shall immediately notify the Georgia Bureau of Investigation of said application. (b) (1) Upon receipt of notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each rebuilt motor vehicle prior to the issuance of a certificate of title for said motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components used to rebuild the motor vehicle, and verification that the motor vehicle conforms to all safety equipment standards and has a valid safety inspection sticker as required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of $50.00 for each rebuilt motor vehicle inspected. In the event a third inspection or subsequent inspections are required for any one rebuilt motor vehicle under this section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third inspection and each subsequent inspection of such rebuilt motor vehicle. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection.

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(2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the rebuilt motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. (c) Any certificate of title which is issued to a rebuilt motor vehicle shall contain the word `Rebuilt' on the face of said certificate of title in such a manner as the commissioner shall prescribe so as to indicate clearly that the motor vehicle described is a rebuilt motor vehicle. (d) Any person, firm, or corporation who rebuilds a motor vehicle or salvage motor vehicle by the replacement of two or more major component parts shall be required to obtain a certificate of title marked `Rebuilt' for said motor vehicle prior to any sale or transfer of said motor vehicle. Section 20.2. Duty of the Georgia Bureau of Investigation to inspect certain rebuilt motor vehicles; authorization for the director of the Georgia Bureau of Investigation to hire additional personnel. It shall be the duty of the Georgia Bureau of Investigation to inspect certain rebuilt motor vehicles prior to the issuance of certificates of title for such motor vehicles. The director of investigation is hereby authorized to employ such persons as he shall deem necessary to carry out the provisions of this section., and inserting in lieu thereof new Sections 20.1 and 20.2 to read as follows: Section 20.1. (a) Upon the receipt of an application for a certificate of title for a motor vehicle for which the current certificate of title is marked `Salvage' pursuant to subsection (e) of Section 20 of this Act and which has been repaired, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application. (b) (1) Upon receipt of such notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, and verification that the motor vehicle conforms to all safety equipment standards required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of

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$50.00 for each motor vehicle inspected. In the event a third or subsequent inspection is required for any one motor vehicle under this section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third and each subsequent inspection. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection. (2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. (c) (1) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word `Rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. (2) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued. (d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked `Salvage' shall make application for and obtain a certificate of title as provided in this section prior to the sale or transfer of said motor vehicle. Section 20.2. It shall be the duty of the Georgia Bureau of Investigation to inspect certain motor vehicles prior to the issuance of certificates of title for such motor vehicles. The director of investigation is hereby authorized to employ such persons as he shall deem necessary to carry out the provisions of this section. Part 2 Section 3. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title to motor vehicles and liens, is amended by striking Code Section 40-3-29 in its entirety and

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inserting in lieu thereof a new Code Section 40-3-29 to read as follows: 40-3-29. (a) The commissioner shall refuse issuance of a certificate of title only if any required fee is not paid or if he has reasonable grounds to believe that: (1) The applicant is not the owner of the vehicle; (2) The application contains a false or fraudulent statement; (3) The applicant fails to furnish required information or documents or any additional information the commissioner reasonably requires; or (4) The registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state. (b) If the application for first certificate of title is rejected, the application shall be returned to the holder of the first security interest or lien named in the application or to the owner. Section 4. Said chapter is further amended by striking Code Section 40-3-35.1 and Code Section 40-3-35.2, which read as follows: 40-3-35.1. (a) Upon the receipt of an application for a certificate of title for a rebuilt motor vehicle, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application. (b) (1) Upon receipt of notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each rebuilt motor vehicle prior to the issuance of a certificate of title for such motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components used to rebuild the motor vehicle, and verification that the motor vehicle conforms to all safety equipment standards and has a valid safety inspection sticker as required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of $50.00 for each rebuilt motor vehicle which is inspected by it. The Georgia Bureau of Investigation shall be authorized to charge a fee

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of $50.00 for the third and each subsequent inspection, in the event a third or subsequent inspections are required under this Code section for any one rebuilt motor vehicle. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection. (2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the rebuilt motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. (c) Any certificate of title which is issued for a rebuilt motor vehicle shall contain the word `rebuilt' on the face of the certificate of title in such a manner as the commissioner shall prescribe, so as to indicate clearly that the motor vehicle described is a rebuilt motor vehicle. (d) Any person, firm, or corporation which rebuilds a motor vehicle or salvage motor vehicle by the replacement of two or more major component parts shall be required to obtain a certificate of title marked `rebuilt' for such motor vehicle prior to any sale or transfer of such motor vehicle. (e) Notwithstanding subsections (c) and (d) of this Code section and Code Section 40-3-35, the legend `rebuilt' or `salvage' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt. 40-3-35.2. It shall be the duty of the Georgia Bureau of Investigation to inspect certain rebuilt motor vehicles prior to the issuance of certificates of title for such motor vehicles. The director of investigation is authorized to employ such persons as he shall deem necessary to carry out the provisions of this Code section., and inserting in lieu thereof new Code Sections 40-3-35.1 and 40-3-35.2 to read as follows: 40-3-35.1. (a) Upon the receipt of an application for a certificate of title for a motor vehicle for which the current certificate of title is marked `salvage' pursuant to subsection (e) of Code Section 40-3-35 of this chapter and which has been repaired, the commissioner shall immediately notify the Georgia Bureau of Investigation of such application.

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(b) (1) Upon receipt of such notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, and verification that the motor vehicle conforms to all safety equipment standards required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of $50.00 for each motor vehicle inspected. In the event a third or subsequent inspection is required for any one motor vehicle under this section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third and each subsequent inspection. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection. (2) If, upon inspection by the Georgia Bureau of Investigation, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. (c) (1) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word `rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. (2) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued. (d) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked `salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle. 40-3-35.2. It shall be the duty of the Georgia Bureau of Investigation to inspect certain motor vehicles prior to the issuance of

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certificates of title for such motor vehicles. The director of investigation is authorized to employ such persons as he shall deem necessary to carry out the provisions of this Code section. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved March 10, 1982. MOTOR CARRIER DEFINED. Code Sections 68-502, 46-1-1 Amended. No. 850 (House Bill No. 1276). AN ACT To amend Code Section 68-502, relating to the definition of certain terms pertaining to the regulation of motor contract carriers, as amended, so as to provide that the term motor carrier shall not include motor vehicles engaged in the transportation of feed for poultry or livestock; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 68-502, relating to the definition of certain terms pertaining to the regulation of motor contract carriers, as amended, is amended by striking paragraph (2)(a) in its entirety and inserting in lieu thereof a new paragraph (2)(a) to read as follows: (2) (a) Granite trucks that are transporting from quarry to finishing plant - not to cross more than two counties and motor vehicles engaged in the transportation of peanuts in the shell and peaches, nursery stock, sod grass, potting soil, pine bark nuggets, or poultry and processed poultry, or dry fertilizer, or flue-cured tobacco, or corn, soybeans, or soybean meal, or feed for poultry or livestock, or certain fresh vegetables as follows: cucumbers, tomatoes, beans, green corn, cabbage, peas, potatoes, cantaloupes, watermelons, okra, and green peppers, whether such motor vehicles are owned by the producer or owner of such commodities and products or by any other person. Provided, such vehicles do not haul or transport other commodities not exempt by law from the regulations of the Public Service Commission. Part 2 Section 2. Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions pertaining to the regulation of motor contract carriers, is amended by striking subparagraph (F) of paragraph (8) in its entirety and inserting in lieu thereof a new subparagraph (F) to read as follows: (F) Motor vehicles engaged in the transportation of peanuts in the shell, peaches, nursery stock, sod grass, potting soil, pine bark nuggets, poultry and processed poultry, dry fertilizer, flue-cured tobacco, corn, soybeans, or soybean meal, or feed for poultry or livestock, cucumbers, tomatoes, beans, green corn, cabbage, peas, potatoes, cantaloupes, watermelons, okra, and green peppers, whether such motor vehicles are owned by the producer or owner of such commodities and products or by any other person, provided that such vehicles do not haul or transport other commodities not exempt by law from the regulations of the commission;.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 11, 1982. GEORGIA PUBLIC SERVICE COMMISSION DUTIES, POWERS, ETC. Code Chapter 93-3 Amended. Code Title 46, Chapter 2 Amended. No. 851 (House Bill No. 1400). AN ACT To amend Code Chapter 93-3, relating to jurisdiction, powers, and duties of the Public Service Commission, as amended, so as to provide that a utility regulated by the Public Service Commission which has 25 percent or more of its total generating capacity as oil-fired generation and operates any electric generating facility which was in the process of being converted on January 1, 1982, and which will be converted and in commercial operation as a coal-fired facility on or before December 31, 1982, after conversion from oil to coal-fired operation may file with the commission an application to determine the appropriate rate to recover the cost of conversion and to demonstrate the fuel cost savings resulting from said conversion; to define

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certain terms; to authorize the commission to determine the appropriate rate to recover the cost of conversion under certain conditions; to provide that customers of the utility who formally intervene at any hearing or proceeding shall be permitted the right to present evidence, subject to cross-examination by all parties; to provide for the issuance of orders and judicial review; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 93-3, relating to jurisdiction, powers, and duties of the Public Service Commission, as amended, is amended by adding a new Code Section 93-307.5 at the end of said chapter to read as follows: 93-307.5. (a) A utility regulated by the Public Service Commission which has 25 percent or more of its total generating capacity as oil-fired generation and operates any electric generating facility which was in the process of being converted on January 1, 1982, and which will be converted and in commercial operation as a coal-fired facility on or before December 31, 1982, after conversion from oil to coal-fired operation may file with the commission an application to determine the appropriate rate to recover the cost of conversion and to demonstrate the fuel cost savings resulting from said conversion. (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) `Coal' shall mean coal used as a primary energy source. (3) `Utility' shall mean any retail supplier of electricity subject to the rate-making jurisdiction of the commission. (4) `Fuel cost savings' shall mean the amount of fuel savings to be obtained by operating the facility converted from oil to coal-fired operation during the facility's first full twelve months of

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operation using coal as its primary fuel as compared to the operation of such facility on oil (had it been so operated) during the same twelve months period. (5) (A) `Cost of conversion' shall mean costs as determined by the commission to be reasonable and necessary for the conversion of an oil-burning electric generating facility to the burning of coal. Such costs shall include, but not be limited to, engineering, administrative and legal costs, the cost of environmental studies and control equipment, coalhandling and storage equipment including rail facilities, equipment and facilities necessary to permit the combustion of coal, the cost of retrofiting or refurbishing boilers to permit the combustion of coal, the cost of on-site and off-site facilities for handling, storing and disposing of wastes resulting from the combustion of coal, and the cost of all other facilities reasonable and necessary to allow the conversion of an oilburning electric generating facility to burn coal. Such costs shall also include the reasonable cost of capital for such conversion and for carrying the cost of such conversion until such costs are recovered as provided in this section. In no case shall cost of conversion include any costs incurred pursuant to an expansion of an electric generating facility's generating capacity above the generating capacity of said facility that existed prior to the conversion from oil to coal. (B) `Cost of conversion' shall not include the amount financed by the company through tax exempt pollution control bonds, if any, of any portion of the project certified by the Environmental Protection Division of the Department of Natural Resources, or other agency vested with similar authority, to be a Pollution Control facility and therefore eligible for financing under Section 103 of the Internal Revenue Code of 1954 and the regulations thereunder or other similar law or regulation now or hereafter adopted. (c) Any utility meeting the qualifications under subsection (a) of this section may file with the commission a request to establish an appropriate adjustment in its rates and charges in order to recover the costs of conversion of an oil-burning generating facility to coal-fired operation as provided herein. After receipt of such filing, the commission shall hold a public hearing to determine the cost of conversion of the generating facility and the fuel cost savings anticipated. Unless it

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is determined by the commission that the cost of conversion will be less than the projected fuel cost savings accruing to retail customers over the remaining life of the generating facility, no further action shall be taken by the commission. Upon making such determination that the fuel cost savings exceed the cost of conversion, the commission shall then determine the appropriate rate to recover the cost of conversion as provided in subsection (d). (d) In determining the appropriate rate, the commission shall consider the cost of conversion, and an appropriate period of time, but not more than seven (7) years, to amortize such cost. The appropriate rate shall be an amount which is not less than the amount necessary to amortize the cost of conversion, as herein defined over a period of not more than seven years on a per kilowatt-hour basis taking into consideration the estimated kilowatt-hours to be generated for sale by the utility during the first full twelve months in operation of the facility. In determining the rate to recover the cost of conversion, the commission shall permit recovery by the utility of the cost of conversion net of such federal, state or local taxes based on revenue and income which may be imposed upon the utility for receipt of proceeds of the fuel savings allocation which cannot be reasonably avoided by the utility using due diligence. All revenues derived through the rate herein provided shall be applied solely to the cost of conversion of said facility. (e) The utility shall compute, record and report to the commission monthly the amount collected under any rate herein authorized and the amount applied to the cost of conversion and the balance remaining to be recovered. (f) Upon recovery by the utility of the cost of conversion as herein provided, the utility shall no longer charge any rate authorized to recover the cost of conversion. Upon such termination the utility shall file with the commission and the Consumers' Utility Counsel within 30 days a report, sworn to by an officer of the utility, that its fuel-savings-allocation revenues are in compliance with all commission orders issued pursuant to this section. In the event such revenue is lesser or greater than the utility's cost of conversion, the commission shall make such determinations and issue such orders as are necessary to result in the full recovery, but no more, of the cost of conversion.

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(g) In the event the utility should become entitled, by reason of the conversion, to any federal or state grant, and receive same, the commission shall make such determinations and issue such orders as are necessary to reduce the amount of conversion costs which the utility would otherwise recover by means of the rate provided herein. If such grant is received after termination of such adjustment the utility shall promptly report such receipt and the commission shall make such determinations and issue such orders as are necessary to result in the utility receiving no more than the cost of conversion after taking into account such grant. (h) Once the utility charges the rate to recover the cost of conversion, the commission shall not recognize for rate-making purposes any cost of conversion which is recovered by the utility through the rate provided herein. (i) At any hearing or any proceeding under this section formal intervention by customers of the utility shall be permitted. All commission orders issued pursuant to this section shall be rendered within 180 days from the date of any filing or the institution of any proceeding hereunder and shall contain (unless waived by all parties) 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) Any recovery of costs of conversion provided or allowed hereunder shall not affect the recovery of fuel costs provided in Code Section 93-307.2 Part 2 Section 2. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of the Public Service Commission, is amended by adding a new Code Section 46-2-26.3, immediately following Code Section 46-2-26.2, to read as follows: 46-2-26.3. (a) A utility regulated by the Public Service Commission which has 25 percent or more of its total generating capacity as oil-fired generation and operates any electric generating facility which was in the process of being converted on January 1, 1982, and which will be converted and in commercial operation as a coal-fired

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facility on or before December 31, 1982, after conversion from oil to coal-fired operation may file with the commission an application to determine the appropriate rate to recover the cost of conversion and to demonstrate the fuel cost savings resulting from said conversion. (b) For the purposes of this Code section, the following words or terms shall have the following meanings: (1) `Coal' shall mean coal used as a primary energy source. (2) `Commission' shall mean the Georgia Public Service Commission. (3) `Cost of conversion' shall mean costs as determined by the commission to be reasonable and necessary for the conversion of an oil-burning electric generating facility to the burning of coal. Such costs shall include, but not be limited to, engineering, administrative, and legal costs, the cost of environmental studies and control equipment, coalhandling and storage equipment, including rail facilities, equipment and facilities necessary to permit the combustion of coal, the cost of retrofiting or refurbishing boilers to permit the combustion of coal, the cost of on-site and off-site facilities for handling, storing, and disposing of wastes resulting from the combustion of coal, and the cost of all other facilities reasonable and necessary to allow the conversion of an oilburning electric generating facility to burn coal. Such costs shall also include the reasonable cost of capital for such conversion and for carrying the cost of such conversion until such costs are recovered as provided in this Code section. In no case shall cost of conversion include any costs incurred pursuant to an expansion of an electric generating facility's generating capacity above the generating capacity of said facility that existed prior to the conversion from oil to coal. (B) `Cost of conversion' shall not include the amount financed by the company through tax exempt pollution control bonds, if any, of any portion of the project certified by the Environmental Protection Division of the Department of Natural Resources, or other agency vested with similar authority, to be a pollution control facility and therefore eligible for financing under Section 103 of the Internal Revenue

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Code of 1954 and the regulations thereunder or other similar law or regulation now or hereafter adopted. (4) `Fuel cost savings' shall mean the amount of fuel savings to be obtained by operating the facility converted from oil to coalfired operation during the facility's first full 12 months of operation using coal as its primary fuel as compared to the operation of such facility on oil, had it been so operated, during the same 12 month period. (5) `Utility' shall mean any retail supplier of electricity subject to the rate-making jurisdiction of the commission. (c) Any utility meeting the qualifications under subsection (a) of this Code section may file with the commission a request to establish an appropriate adjustment in its rates and charges in order to recover the costs of conversion of an oil-burning generating facility to coal-fired operation as provided herein. After receipt of such filing, the commission shall hold a public hearing to determine the cost of conversion of the generating facility and the fuel cost savings anticipated. Unless it is determined by the commission that the cost of conversion will be less than the projected fuel cost savings accruing to retail customers over the remaining life of the generating facility, no further action shall be taken by the commission. Upon making such determination that the fuel cost savings exceed the cost of conversion, the commission shall then determine the appropriate rate to recover the cost of conversion as provided in subsection (d). (d) In determining the appropriate rate, the commission shall consider the cost of conversion, and an appropriate period of time, but not more than seven years, to amortize such cost. The appropriate rate shall be an amount which is not less than the amount necessary to amortize the cost of conversion, as herein defined over a period of not more than seven years on a per kilowatt-hour basis taking into consideration the estimated kilowatt hours to be generated for sale by the utility during the first full 12 months in operation of the facility. In determining the rate to recover the cost of conversion, the commission shall permit recovery by the utility of the cost of conversion net of such federal, state, or local taxes based on revenue and income which may be imposed upon the utility for receipt of proceeds of the fuel-savings-allocation which cannot be reasonably avoided by the utility using due diligence. All revenues derived through the rate herein provided shall be applied solely to the cost of conversion of said facility.

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(e) The utility shall compute, record, and report to the commission monthly the amount collected under any rate herein authorized and the amount applied to the cost of conversion and the balance remaining to be recovered. (f) Upon recovery by the utility of the cost of conversion as herein provided, the utility shall no longer charge any rate authorized to recover the cost of conversion. Upon such termination, the utility shall file a report with the commission and the Consumers' Utility Counsel within 30 days, sworn to by an officer of the utility, that its fuel-savings-allocation revenues are in compliance with all commission orders issued pursuant to this Code section. In the event such revenue is lesser or greater than the utility's cost of conversion, the commission shall make such determinations and issue such orders as are necessary to result in the full recovery, but no more, of the cost of conversion. (g) In the event the utility should become entitled, by reason of the conversion, to any federal or state grant and receive same, the commission shall make such determinations and issue such orders as are necessary to reduce the amount of conversion costs which the utility would otherwise recover by means of the rate provided herein. If such grant is received after termination of such adjustment, the utility shall promptly report such receipt and the commission shall make such determinations and issue such orders as are necessary to result in the utility receiving no more than the cost of conversion after taking into account such grant. (h) Once the utility charges the rate to recover the cost of conversion, the commission shall not recognize for rate-making purposes any cost of conversion which are recovered by the utility through the rate provided herein. (i) At any hearing or any proceeding under this Code section formal intervention by customers of the utility shall be permitted. All commission orders issued pursuant to this Code section shall be rendered within 180 days from the date of any filing or the institution of any proceeding hereunder and shall contain, unless waived by all parties, 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 Chapter 13 of Title 50 known as the `Georgia Administrative Procedure Act.'

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(j) Any recovery of costs of conversion provided or allowed hereunder shall not affect the recovery of fuel costs provided in Code Section 46-2-26. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 11, 1982. INTEREST AND USURY INTEREST ON UNPAID INTEREST. Code Sections 57-109, 7-4-17 Amended. No. 852 (House Bill No. 1447). AN ACT To amend Code Section 57-109, relating to the prohibition pertaining to the payment of interest on unpaid interest, so as to provide that interest may be charged on unpaid interest under certain conditions; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 57-109, relating to the prohibition pertaining to the payment of interest on unpaid interest, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 57-109 to read as follows: 57-109. When a payment is made upon any debt, it shall be applied first to the discharge of any interest due at the time, and the balance, if any, to the reduction of the principal. It the payment does not extinguish the interest then due, no interest shall be calculated on such balance of interest, but only on the principal amount up to the time of the next payment. Notwithstanding the foregoing restrictions against charging interest on unpaid interest, on loans having first priority on real estate, the parties by written contract may lawfully agree that unpaid interest when due shall be added to the unpaid principal balance of the indebtedness and that the increased principal balance of the indebtedness bear interest pursuant to the terms of the contract. Part 2 Section 2. Code Section 7-4-17 of the Official Code of Georgia Annotated, relating to the prohibition pertaining to the payment of interest on unpaid interest, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 7-4-17 to read as follows: 7-4-17. When a payment is made upon any debt, it shall be applied first to the discharge of any interest due at the time, and the balance, if any, shall be applied to the reduction of the principal. If the payment does not extinguish the interest then due, no interest shall be calculated on such balance of interest and interest shall be calculated only on the principal amount up to the time of the next payment. Notwithstanding the foregoing restrictions against charging interest on unpaid interest, on loans having first priority on real estate, the parties by written contract may lawfully agree that unpaid interest when due shall be added to the unpaid principal balance of the indebtedness and that the increased principal balance of the indebtedness bear interest pursuant to the terms of the contract.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 11, 1982. MOTOR VEHICLES LICENSE FEES AND TAGS. Code Sections 91A-5303.1, 48-10-3.1 Enacted. No. 854 (House Bill No. 1557). AN ACT To amend Code Chapter 91A-53, relating to motor vehicle license fees and tags, so as to provide for temporary registration permits; to provide for definitions; to provide for the application for temporary registration permits; to provide for fees; to provide for limitations on the use of such permits; to provide for renewals; to provide for procedures; to provide for limitations on the issuance of such permits; to provide that it shall be unlawful to violate certain limitations; to provide for a penalty; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 91A-53, relating to motor vehicle license fees and tags, is amended by adding between Code Section 91A-5303 and Code Section 91A-5304 a new Code Section 91A-5303.1 to read as follows: 91A-5303.1. (a) As used in this Code section, the term: (1) `Vehicle' means any vehicle which is required by the motor vehicle registration laws of this state to be registered prior to being operated on the highways of this state. (b) The commissioner may, upon written application, issue a temporary registration permit to the owner of any vehicle which does not have a valid motor vehicle registration. Such temporary registration permit shall authorize the vehicle to be operated on the highways of this state subject to the limitations contained in such permit. (c) The owner of the vehicle shall make application to the commissioner or his duly authorized agent for a temporary registration permit on such forms as the commissioner shall prescribe. Each application shall be accompanied by a registration fee as prescribed by the commissioner for each vehicle for which an application is submitted. (d) The temporary registration permit shall be valid for one vehicle and shall be valid for a period of 30 days from the date of issue. Upon application and payment of an additional fee of $10.00, temporary registration permits may be renewed for 30 day periods; however, no permit shall be renewed more than three times during any 12 month period. (e) The procedures for application and issuance of temporary registration permits and the disposition of fees shall be the same as for other motor vehicles registered in this state. Compliance with this Code section shall be deemed to be compliance with the motor vehicle registration requirements of this state. (f) Any owner who has been convicted of operating a vehicle in violation of the motor vehicle registration laws of this state shall not

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be eligible to receive a temporary registration permit as authorized by this Code section for a period of 12 months from the date of conviction. (g) The violation of any limitation contained in a temporary registration permit shall constitute misdemeanor. Part 2 Section 2. Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by adding between Code Section 48-10-3 and Code Section 48-10-4 a new Code Section 48-10-3.1 to read as follows: 48-10-3.1. (a) As used in this Code section, the term: (1) `Vehicle' means any vehicle which is required by the motor vehicle registration laws of this state to be registered prior to being operated on the highways of this state. (b) The commissioner may, upon written application, issue a temporary registration permit to the owner of any vehicle which does not have a valid motor vehicle registration. Such temporary registration permit shall authorize the vehicle to be operated on the highways of this state subject to the limitations contained in such permit. (c) The owner of the vehicle shall make application to the commissioner or his duly authorized agent for a temporary registration permit on such forms as the commissioner shall prescribe. Each application shall be accompanied by a registration fee of $10.00 for each vehicle for which an application is submitted. (d) The temporary registration permit shall be valid for one vehicle and shall be valid for a period of 30 days from the date of issue. Upon application and payment of an additional fee of $10.00, temporary registration permits may be renewed for 30 day periods; however, no permit shall be renewed more than three times during any 12 month period. (e) The procedures for application and issuance of temporary registration permits and the disposition of fees shall be the same as for other motor vehicles registered in this state. Compliance with this Code section shall be deemed to be compliance with the motor vehicle registration requirements of this state.

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(f) Any owner who has been convicted of operating a vehicle in violation of the motor vehicle registration laws of this state shall not be eligible to receive a temporary registration permit as authorized by this Code section for a period of 12 months from the date of conviction. (g) The violation of any limitation contained in a temporary registration permit shall constitute misdemeanor. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 11, 1982. SHERIFFS INVESTIGATIONS, SUSPENSIONS, ETC. Code Section 15-16-26 Amended. No. 856 (House Bill No. 1345). AN ACT To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the provisions relating

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to the investigation of charges against sheriffs; to provide procedures for suspending sheriffs under certain circumstances; to provide for the appointment of a person to assume the duties and responsibilities of the office of sheriff during any period of suspension; to provide for the filing of removal petitions against sheriffs; 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. Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by striking Code Section 15-16-26 in its entirety and inserting in lieu thereof a new Code Section 15-16-26 to read as follows: 15-16-26. (a) Whenever the Governor determines that an investigation of a sheriff of this state should be made as a result of criminal charges, alleged misconduct in office, or alleged incapacity of the sheriff to perform the functions of his office, he shall appoint two sheriffs who are members of the Georgia Sheriffs' Association who, along with the Attorney General, shall constitute a committee to conduct an investigation. Such sheriffs may be from any two counties in the state other than the county of the sheriff under investigation. The members of any such committee shall receive no compensation for their services but shall be reimbursed for any expenses incurred in connection with an investigation. The funds necessary to conduct an investigation shall come from the funds appropriated to the executive branch of state government. (b) Any member of the committee shall be authorized to administer oaths to any witness before the committee. The committee shall make a report of its investigation to the Governor within 30 days from the date of the appointment of both sheriff members by the Governor. (c) If the committee recommends the suspension of the sheriff, the Governor shall be authorized to suspend the sheriff for a period of up to 60 days. In any case where a sheriff has been suspended for 60 days, the Governor may extend the period of suspension for an additional 30 days. Upon such recommendation, the Governor shall also be authorized to request the district attorney of the county of the sheriff's residence to bring a removal petition against the sheriff pursuant to subsection (b) of Code Section 15-16-10 and Code Section 15-6-82 based upon the evidence reported by the committee. In the

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event that the Governor determines that further investigation should be made, he may then order additional investigation by the committee, by the Georgia Bureau of Investigation, by other law enforcement agencies of this state, or by any special committee appointed by the Governor for such purpose. (d) The chief judge of the superior court of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriffs pursuant to Code Section 15-16-1 to assume the duties and responsibilities of the office of sheriff during any period of suspension. (e) Upon a sheriff being convicted of a felony in any court of this state or convicted of a crime under the laws of the United States or any other state in any court, which crime would be considered a felony if committed within the State of Georgia, the district attorney of the county of the sheriff's residence shall be required to bring a removal petition against such sheriff immediately. If the sheriff fails to appeal such conviction, a vacancy shall be declared in such office immediately upon the removal of the sheriff. If the sheriff appeals such conviction, the chief judge of the superior court of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriffs pursuant to Code Section 15-16-1 to assume the duties and responsibilities of the office of sheriff on a temporary basis until all appeals of such conviction are exhausted by the sheriff or until the expiration of the sheriff's term of office, whichever event occurs first. After all appeals have been exhausted, if the conviction of the sheriff has been upheld, the probate court shall declare a vacancy in such office to be filled as provided by law. Any sheriff removed from office as provided in this subsection who has his conviction nullified, reversed, or set aside on appeal and who has time remaining in his term of office to which elected shall be automatically reinstated in office for the remainder of his unexpired term. (f) The remedy provided by this Code section is intended to be cumulative of other remedies available on the subject and is not intended to repeal such remedies. Section 2. This Act shall become effective November 1, 1982.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 16, 1982. ATLANTIC JUDICIAL CIRCUIT ADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 860 (Senate Bill No. 625). AN ACT To provide for an additional judge of the superior court of the Atlantic Judicial Circuit; to provide for the election of such judge and of his successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Atlantic Judicial Circuit; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Under and in accordance with the provisions of Article VI, Section III, Paragraph I of the Constitution, a new judge of the superior courts is added to the Atlantic Judicial Circuit, thereby increasing to three the number of judges of said circuit. Section 2. Such additional judge 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, 1982, for a term of four years beginning on January 1, 1983, and until the election and

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qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state. Section 3. Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the three judges of the superior courts of said circuit may preside over any case therein and perform any official act as judge thereof. Section 4. The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Atlantic Judicial Circuit. Part 2 Section 5. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by striking paragraph (4) of subsection (a) of Code Section 15-6-2 in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Atlantic Circuit..... 3 Part 3 Section 6. (a) Part 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 2 of this Act shall become effective on November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1982.

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GEORGIA BOARD OF ATHLETIC TRAINERS ACT AMENDED. Code Title 43 of Official Code Amended. No. 861 (Senate Bill No. 681). AN ACT To amend an Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. L. 1977, p. 1123), as amended, so as to continue the board and the laws relating thereto until June 30, 1983; to provide for the termination of such board and the repeal of the laws relating thereto; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the same changes mentioned above; to provide for performance audits; to provide for responses to certain performance audits; to provide for additional procedures relating thereto; to provide effective dates; to provide for the 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: Part 1 Section 1. An Act creating the Georgia Board of Athletic Trainers, approved March 30, 1977 (Ga. L. 1977, p. 1123), as amended, is amended by adding at the end of Section 2 a new subsection (e) to read as follows: (e) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Georgia Board of Athletic Trainers and the laws relating thereto are hereby continued until June 30, 1983, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed

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in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Part 2 Section 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking from Code Section 43-5-15 the following: March 30, 1982, and inserting in lieu thereof the following: June 30, 1983, so that when so amended Code Section 43-5-15 shall read as follows: 43-5-15. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Athletic Trainers shall be terminated on June 30, 1983, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 3. Said Title 43 is further amended by striking in its entirety Code Section 43-2-6, relating to performance audits of regulatory agencies scheduled for termination, and inserting in its place the following: 43-2-6. (a) The state auditor shall conduct a performance audit of each regulatory agency at least once within six years from the date of the last performance audit conducted or, if the agency was established after January 1, 1980, at least once within six years from the date of its establishment, and thereafter once every six years from the date of the last such performance audit. This audit shall include, without being limited to, a summary listing of the audit findings and a determination regarding each finding as to whether the regulatory agency, the joint-secretary, or both, or some other entity exercises major responsibilities in the area relating to the finding. The performance audit shall be completed by the first day of October during the year such audit is conducted.

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(b) A copy of each performance audit conducted pursuant to subsection (a) of this Code section shall be submitted, within 15 days after completion, to: (1) Each member of the Senate and House standing committees to which the regulatory agency has been assigned for review under this chapter; (2) The presiding officers of the Senate and House of Representatives; (3) The Governor, the Attorney General, and the legislative counsel; (4) The chairperson of the audited regulatory agency; and (5) The joint-secretary. (c) Within 30 days after submission of the performance audit, the regulatory agency and the joint-secretary shall each submit a written response as to each audit finding in those areas in which that agency or joint-secretary has been determined by the audit to exercise major responsibilities. Such response shall include, without being limited to, the following: (1) Whether or not the agency or joint-secretary agrees with that finding and the reasons therefor; (2) What steps have been or will be taken to address each issue raised in each finding, whether the steps are regulatory or proposed statutory changes, and the proposed effective date of any such regulatory changes; and (3) If no steps have been or will be taken to address any issue raised in the finding, the reasons therefor. (d) No later than February 15 immediately following the submission of a written response under subsection (c) of this Code section, at the request of a standing committee assigned review, that response shall be updated and resubmitted by the joint-secretary and audited regulatory agency.

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(e) Responses required by subsections (c) and (d) of this Code section shall be submitted to those persons designated in paragraphs (1), (2), and (3) of subsection (b) of this Code section to receive copies of performance audits. (f) The response of a regulatory agency in addressing or failing to address issues raised in the audit finding, in those areas in which that agency has been determined to exercise major responsibilities, shall be a major consideration regarding the decision by any standing committee concerning its recommendation as to the continuation, termination, or reestablishment of that regulatory agency. The report of such committee regarding such recommendation shall include a specific finding as to whether or not the regulatory agency in question has evidenced good faith efforts to address those issues raised in the performance audit. (g) (1) Any Senate or House standing committee may request at any time, in writing, the state auditor to conduct a performance audit of any agency assigned to the committee for review or may request, in writing, the regulatory agency and the joint-secretary to submit a written response to the last performance audit of that agency conducted by the state auditor. (2) If a performance audit is requested by a standing committee within the time limits provided in subsection (a) of this Code section, it shall be deemed to satisfy the requirement for the performance audit provided in subsection (a) of this Code section. Part 3 Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1982. COBB JUDICIAL CIRCUIT ADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 862 (House Bill No. 1087). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to five the number of judges for the Cobb Judicial Circuit; to provide for the election and term of such judge; to provide for the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said court to divide and allocate the work and duties thereof; to provide for an additional court reporter for said circuit; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 15-6-2, relating to numbers of superior court judges for each judicial circuit, is amended by striking paragraph (11) and inserting in its place a new paragraph to read as follows: (11) Cobb Circuit..... 5. Section 2. The number of superior court judges of the Cobb Judicial Circuit is increased from four to five. Said additional judge

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shall be elected at the general election held in November, 1982, for a term of four years beginning on January 1, 1983, and until his successor is elected and qualified. Section 3. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expenses allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior courts of the Cobb Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Cobb Judicial Circuit shall also be applicable to the additional judge provided for by this Act. Section 4. The five judges of the superior courts of the Cobb Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The chief judge shall appoint the judge of the juvenile court as provided by law. The five judges of the superior courts of the Cobb Judicial Circuit shall have and they are hereby clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets or fixing the calendars and order of business in said courts. They may assign to one or more of said judges the hearing of trials by jury for a term, and the hearing of all other matters not requiring a trial by a jury to one or more of the other judges, and they may rotate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge as hereinbefore defined shall control.

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Section 5. The five judges of the Cobb Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Section 6. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 7. Section 1 of this Act shall become effective January 1, 1983. The other provisions of this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1982. GWINNETT JUDICIAL CIRCUIT ADDITIONAL JUDGE. Code Title 15 of Official Code Amended. No. 863 (House Bill No. 1172). AN ACT To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to increase to four the number of judges of the superior courts of the Gwinnett Judicial Circuit; to provide for the initial appointment of such additional judge by the Governor; to provide for the initial term of office of such judge; 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. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by striking paragraph (20) of Code Section 15-6-2 in its entirety and inserting in lieu thereof a new paragraph (20) to read as follows: (20) Gwinnett Circuit..... 4 Section 2. Said additional judge shall be appointed by the Governor prior to December 1, 1982, for an initial term of office beginning December 1, 1982, and continuing through December 31, 1984, and until his successor is elected and qualified. Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1982. ELECTIONS SUPERINTENDENTS' DUTIES TO FURNISH COPIES OF RECORDS, ETC. Code Section 34-403, 21-2-72 Amended. No. 864 (House Bill No. 1302). AN ACT To amend Code Chapter 34-4, relating to election superintendents, so as to require the superintendent to furnish copies of certain records to the public under certain conditions; to provide for related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 34-4, relating to election superintendents, is amended by striking Code Section 34-403 in its entirety and substituting in lieu thereof a new Code Section 34-403 to read as follows: 34-403. Except when otherwise provided by law, the primary and election records of each superintendent, including nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports and other documents in his custody, except the contents of voting machines, shall be open to public inspection and may be inspected and copied by any elector of the county during usual business hours at any time when they are not necessarily being used by the superintendent, or his employees having duties to perform in reference thereto; provided, however, that such public inspection thereof shall only be in the presence of the superintendent, or his employee, and shall be subject to proper regulation for the safekeeping of such documents, and subject to the further provisions of this Code. The superintendent shall also, upon request, if photocopying equipment is available in the building in which the records are housed, make and furnish to any member of the public copies of any of such records upon payment of the actual cost of copying the records requested. Part 2 Section 2. Part 3 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election superintendents, is amended by striking Code Section 21-2-72 in its entirety and substituting in lieu thereof a new Code Section 21-2-72 to read as follows: 21-2-72. Except when otherwise provided by law, the primary and election records of each superintendent, including nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports, and other documents in his custody, except the contents of voting machines, shall be open to public inspection and may be inspected and copied by any elector of the county during usual business hours at any time when they are not necessarily being used by the superintendent or his employees having duties to perform in

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reference thereto; provided, however, that such public inspection shall only be in the presence of the superintendent or his employee and shall be subject to proper regulation for the safekeeping of such documents and subject to the further provisions of this chapter. The superintendent shall also, upon request, if photocopying equipment is available in the building in which the records are housed, make and furnish to any member of the public copies of any of such records upon payment of the actual cost of copying the records requested. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1982. ROCKDALE JUDICIAL CIRCUIT CREATED. Code Section 15-6-1 Amended. No. 865 (House Bill No. 1359). AN ACT To create a new judicial circuit for the State of Georgia, to be known as the Rockdale Judicial Circuit, to be composed of the County of Rockdale; to provide for a judge of the superior court and a district

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attorney for said circuit; to provide for the election and terms of office of the initial judge and district attorney; to provide for the transfer of proceedings to said circuit; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Effective January 1, 1983, there is created a new judicial circuit of the superior courts of this state, to be known as the Rockdale Judicial Circuit, which circuit shall be composed of the County of Rockdale. The offices of the judge of the superior court and district attorney of the Rockdale Judicial Circuit are created for said circuit. The initial judge and district attorney shall be elected at the November general election in 1982 and shall take office on January 1, 1983, for a term of office of four years each and until their respective successors are elected and qualified. Section 2. All proceedings and litigations, civil, equitable, and criminal, pending in the Superior Court of Rockdale County at such time as it was a part of the Stone Mountain Judicial Circuit, including all complaints, pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, mesne and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending, or commenced in such county, shall relate to, become a part of, and be transferred to the Superior Court of the Rockdale Judicial Circuit and its jurisdiction when said circuit comes into existence. Part 2 Section 3. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by adding a new subsection (c) at the end of Code Section 15-6-1 to read as follows: (c) Effective January 1, 1983, there is created a judicial circuit to be known as the Rockdale Judicial Circuit, composed of the County of Rockdale. On January 1, 1983, the County of Rockdale shall be deleted from paragraph (37) of subsection (a) of this Code section.

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Section 4. Said chapter is further amended by adding a new subsection (c) at the end of Code Section 15-6-2 to read as follows: (c) Effective January 1, 1983, there is created the Rockdale Circuit which shall have one judge. Section 5. Said chapter is further amended by adding a new subsection (c) at the end of Code Section 15-6-3 to read as follows: (c) Effective January 1, 1983, there is created the Rockdale Circuit, consisting of Rockdale County, which shall have the following terms of court: the first Monday in January, April, July, and October. On January 1, 1983, subparagraph (a)(37)(B) of this Code section shall stand repealed. Part 3 Section 6. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective February 1, 1983. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1982.

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ELECTIONS VOTER REGISTRATION PLACES. Code Sections 34-610, 21-2-218 Amended. No. 866 (House Bill No. 1410). AN ACT To amend Code Section 34-610, relating to the location of main office of board of registrars and registration of electors at main office and at other designated locations, as amended, particularly by an Act approved March 14, 1978 (Ga. L. 1978, p. 1004), so as to provide that certain places open to and frequented by the general public shall be deemed as appropriate permanent or temporary voter registration places; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 34-610, relating to the location of main office of board of registrars and registration of electors at main office and at other designated locations, as amended, particularly by an Act approved March 14, 1978 (Ga. L. 1978, p. 1004), is amended by striking subsection (d.1), which reads as follows: (d.1) All voter registration places shall be places open to the general public and frequented by the general public., in its entirety and inserting in lieu thereof a new subsection (d.1) to read as follows: (d.1) All voter registration places shall be places open to the general public and frequented by the general public. Such places for temporary or permanent voter registration may include, but shall not be limited to, any of the following: churches, governmentally funded and managed public housing facilities, public social agencies, public child care centers, public recreation centers, public buildings, and shopping centers, multi-family apartment complexes, child care centers and educational facilities; provided that such places are in fact open to and frequented by the general public.

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Part 2 Section 2. Code Section 21-2-218 of the Official Code of Georgia Annotated, relating to the location of main office of board of registrars and registration of electors at main office and at other designated locations, is amended by striking subsection (f) of said Code section in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: (f) All voter registration places shall be places open to the general public and frequented by the general public. Such places for temporary or permanent voter registration may include, but shall not be limited to, any of the following: churches, governmentally funded and managed public housing facilities, public social agencies, public child care centers, public recreation centers, public buildings, and shopping centers, multi-family apartment complexes, child care centers and educational facilities, provided that such places are in fact open to and frequented by the general public. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1982.

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STATE SENATORIAL DISTRICTS. Code Section 47-102 Amended. No. 868 (Senate Bill No. 712). AN ACT To amend Code Section 47-102, relating to state senatorial districts, as amended, particularly by an Act approved September 10, 1981 (Ga. L. 1981, Ex. Sess., p. 103), so as to change the composition of certain senatorial districts; to provide a definition; to provide for all related matters; to provide for the incorporation of the provisions of this Act into the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 47-102, relating to state senatorial districts, as amended, particularly by an Act approved September 10, 1981 (Ga. L. 1981, Ex. Sess., p. 103), is amended by striking from subsection (a) of said Code section the descriptions of Senate Districts 5, 9, 22, 23, 42, 43, 48, 51, 54, and 55 and inserting in lieu thereof, respectively, the following: District No. 5 DeKalb Tract 216.01 Tract 216.02 Block Group 1 Blocks 202 through 209 Tracts 217.01, 217.02, 218.02 through 218.04, and 219.01 through 219.03 Tract 220.01 Block Group 1 Blocks 408, 410 through 417, and 431 Tract 220.02 Tract 223.02 Block Groups 1 and 2

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District No. 9 Gwinnett Tracts 503.01 through 503.03, 504.01 through 504.05, 507.01, and 507.02 Tract 507.03 Blocks 204 through 214 Tract 507.04 District No. 22 Richmond Tract 1 Block Groups 1 through 4 Blocks 501 through 513 and 517 Tracts 2 through 4 and 6 through 15 Tract 16 Block Group 1 Blocks 205 through 211, 213 through 215, and 217 Those parts of Blocks 225 through 228, 230, 231, and 233 inside the City of Augusta Block Group 6 Blocks 907 through 909 That part of Block 910 inside the City of Augusta Blocks 911 and 912 Tract 101.01 Tract 101.02 Block Groups 1 and 9 Tract 101.03 Blocks 429 through 437 Block Group 9 Tracts 103 and 104 Tract 105.04 Blocks 137 through 149 Tract 105.05

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Tract 105.07 Block 227 Block Groups 3 through 5 Tract 106 District No. 23 Columbia Tract 305 Block Groups 4 and 5 Richmond Tract 1 Blocks 515, 518 through 521, and 525 Tract 16 Blocks 221 through 223 Those parts of Blocks 225 through 228 outside the City of Augusta Block 229 Those parts of Blocks 230 and 231 outside the City of Augusta Block 232 That part of Block 233 outside the City of Augusta Block 235 Block Groups 3 through 5 That part of Block 910 outside the City of Augusta Tract 101.02 Block Groups 3 and 4 Tract 101.03 Blocks 405 through 409, 411 through 419, 426 through 428, and 439 through 444 Block Group 5 Tracts 102.01 and 102.02 Tract 105.04 Blocks 101 through 107, 110 through 112, 114 through 116, 118, 119, 121, and 125 through 127 Block Group 9 Tract 105.06

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Tract 105.07 Blocks 207 through 209, 211 through 221, and 228 Tracts 105.08, 105.09, 105.10, 105.11, 107.01, 107.02, 108, 109.01, and 109.02 District No. 42 DeKalb Tracts 201 through 207 Tract 208 Block Groups 6 and 7 Tracts 209 and 215 Tract 216.02 Blocks 211 through 213, 215, and 216 Tract 216.03 Tract 220.01 Blocks 401 through 407 and 418 through 421 Tracts 220.03, 221, 222, and 223.01 Tract 223.02 Block Group 3 Tracts 224.01 through 224.03, 225, and 226 Tract 237 Blocks 104 through 109 Block Groups 2 through 5 District No. 43 DeKalb Tract 231.01 Blocks 205 through 207 Block Groups 3 and 4 Blocks 503 through 506, 508, 521, 525, and 536 Tract 231.03 Blocks 103 and 114 Block Group 2 Blocks 511, 512, 515, and 516 Tracts 234.03 through 234.06 Tract 234.07 Blocks 212, 213, 219 through 228, and 230 Block Groups 4 and 5

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Tracts 235.01 through 235.03, 236, and 238.01 through 238.03 District No. 48 Barrow Gwinnett Tracts 501, 502.01, 502.02, 505.01 through 505.05, and 506 Tract 507.03 Block Group 1 Blocks 201 through 203 Block Groups 3 through 8 Tract 507.05 District No. 51 Cherokee Tracts 901 through 904 and 906 Fannin Gilmer Gordon Pickens Whitfield Tract 9905 That part of Block 321 within the Dalton Census County Division Tract 9907 Blocks 101 through 105 That part of Block 106 outside the City of Dalton Blocks 126 through 130 and 201 Those parts of Blocks 202 and 203 outside the City of Dalton Tract 9910 Blocks 101 through 124 That part of Block 125 outside the City of Dalton Blocks 126 through 133 Those parts of Blocks 213, 242, 244, and 245 outside the City of Dalton Blocks 301 through 303

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That part of Block 304 outside the City of Dalton Blocks 305 through 318 Block Groups 4 and 5 Blocks 601 through 608, 610, 612, and 614 through 618 That part of Block 619 outside the City of Dalton Blocks 620 through 628 Those parts of Blocks 703 through 705 outside the City of Dalton Tract 9911 Block Groups 2 through 4 District No. 54 Catoosa Tracts 301 through 305 Tract 306 Blocks 101 through 107, 113 through 117, 119, 120, 122 through 128, and 138 Those parts of Blocks 164, 166, 167, 222, and 223 outside the City of Fort Oglethorpe Blocks 228, 229, 232, 242, 244, 245, 251, 301 through 303, 305 through 307, 310 through 312, 315, 316, and 320 through 327 That part of Block 338 outside the City of Fort Oglethorpe Blocks 339, 340, 342, and 343 Block Group 4 Tract 307 Those parts of Blocks 120, 140, and 154 outside the City of Fort Oglethorpe Block 155 That part of Block 156 outside the City of Fort Oglethorpe Blocks 157 and 158 Those parts of Blocks 159 and 161 outside the City of Fort Oglethorpe Blocks 165 and 166 That part of Block 201 outside the City of Fort Oglethorpe Blocks 248 and 252

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Those parts of Blocks 262, 264, and 271 outside the City of Fort Oglethorpe Blocks 272 through 274 Those parts of Blocks 277, 297, and 319 outside the City of Fort Oglethorpe Block Group 4 Murray Whitfield Tracts 9901 through 9904 Tract 9905 Block Groups 1 and 2 Blocks 301 through 320 That part of Block 321 within the Westside Census County Division Block 322 Tract 9906 Tract 9907 That part of Block 106 within the City of Dalton Blocks 107 through 125 and 131 through 144 Those parts of Blocks 202 and 203 within the City of Dalton Blocks 204 through 207 and 209 through 215 Block Group 3 Tracts 9908 and 9909 Tract 9910 That part of Block 125 within the City of Dalton Blocks 138, 139, and 201 through 212 That part of Block 213 within the City of Dalton Blocks 214 through 241 That part of Block 242 within the City of Dalton Block 243 Those parts of Blocks 244 and 245 within the City of Dalton Blocks 247 through 250 Those parts of Blocks 304 and 619 within the City of Dalton Blocks 701 and 702 Those parts of Blocks 703 through 705 within the City of Dalton Blocks 706 and 707 Block Group 8 Tract 9911 Block Group 1

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District No. 55 DeKalb Tract 208 Block Groups 1 through 5 Tracts 227 through 230 Tract 231.01 Block Group 1 Blocks 204, 208, 509, 511, 513 through 520, 522 through 524, and 535 Tract 231.02 Tract 231.03 Blocks 101, 106 through 109, 112, 115 through 122, and 303 through 324 Block Group 4 Blocks 501 through 504, 506 through 510, and 514 Tracts 231.04, 232.01 through 232.03, and 233.01 through 233.04 Tract 234.07 Block Group 1 Blocks 201 through 211, 214, 216 through 218, and 229 Block Group 3 Tract 237 Blocks 101 through 103 Section 2. Said Code section is further amended by striking paragraph (1) of subsection (d) thereof in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The terms `Census County Division,' `Tract,' `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. Section 3. The provisions of this Act and of Code Section 47-102, as amended by this Act, shall be incorporated into the Official Code of Georgia Annotated as provided in Section 2 of the Act approved September 10, 1981 (Ga. L. 1981, Ex. Sess., p. 103). Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1982. HOUSE OF REPRESENTATIVES APPORTIONMENT. Code Section 47-101 Amended. No. 870 (House Bill No. 1426). AN ACT To amend Code Chapter 47-1, relating to the General Assembly, as amended, particularly by an Act approved September 10, 1981 (Ga. L. 1981, Ex. Sess., p. 12), so as to change the composition of certain state representative districts; to provide for all related matters; to provide for incorporation of the provisions of this Act into the Official Code of Georgia Annotated; 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 47-1, relating to the General Assembly, as amended, particularly by an Act approved September 10, 1981 (Ga. L. 1981, Ex. Sess., p. 12), is amended by striking from subsection (a) of Code Section 47-101 the description of Representative Districts No. 13 through 16, 20, 21, 68, 77, 81, 85, 88, 89, 126, 129, 132 through 134, and 140 and inserting in lieu thereof the following new descriptions of said districts: District No. 13 - 2 Representatives Clarke Tract 13.02 Block Group 1 Tract 14.01

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Tract 14.02 Block Groups 1 through 3 Blocks 405 through 408 Block Groups 5 and 6 Blocks 701 through 707 and 720 through 732 Tract 15.01 Blocks 116 through 125 Block Group 5 Tract 15.02 Blocks 101 through 114 and 126 through 134 Franklin Hart Madison Tract 9901 Tract 9902 That part of Block 103 within GMD 204 Block 104 That part of Block 105 within GMD 204 Blocks 178 through 180 That part of Block 181 within GMD 382 Blocks 182 through 185 Those parts of Blocks 186 and 187 within GMD 382 Blocks 201 through 217 That part of Block 218 within GMD 204 Block 219 Those parts of Blocks 220 and 221 within GMD 1616 Blocks 222 through 228 That part of Block 231 within GMD 1616 Block Groups 3 and 4 Tract 9903 District No. 14 - 1 Representative Elbert

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Madison Tract 9902 Blocks 101 and 102 Those parts of Blocks 103 and 105 within GMD 205 Blocks 106 through 110 and 112 through 168 That part of Block 169 within GMD 205 Blocks 170 through 174 Those parts of Blocks 177, 186, and 187 within GMD 205 Blocks 188 through 195 Those parts of Blocks 218, 220, and 221 within GMD 205 Blocks 229 and 230 That part of Block 231 within GMD 205 Blocks 232 through 245 and 255 through 267 Oglethorpe District No. 15 - 2 Representatives Bartow Tract 9902 Blocks 343 through 345 and 348 Tract 9903 Tract 9907 Blocks 201 through 214 Those parts of Blocks 215 and 216 within the City of Euharlee Blocks 221 through 228 Block Group 3 Floyd Tracts 1 and 2 Tract 3 Block 101 That part of Block 102 outside the City of Rome Blocks 103 through 105 That part of Block 106 outside the City of Rome

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Blocks 107 through 115 Block Groups 2 and 3 Tract 4 Blocks 101 through 134 That part of Block 135 outside the City of Rome Blocks 136 through 141 and 144 Those parts of Blocks 145 and 146 outside the City of Rome Blocks 147 through 149 That part of Block 150 outside the City of Rome Tract 6 Blocks 101 through 132 Those parts of Blocks 133 through 135 outside the City of Rome Block 137 That part of Block 138 outside the City of Rome Block 141 Those parts of Blocks 204 and 248 outside the City of Rome Block 249 Tract 7 Tract 8 Blocks 101 through 103, 111, 112, 118, and 121 through 139 That part of Block 140 outside the City of Rome Blocks 148 and 151 through 153 That part of Block 211 outside the City of Rome Blocks 212, 214 through 217, 219, 221, and 222 Tract 9 Those parts of Blocks 101, 140, 148, and 149 outside the City of Rome Blocks 150 and 201 through 209 That part of Block 210 outside the City of Rome Tract 12 That part of Block 221 outside the City of Rome

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Block 222 Those parts of Blocks 223 and 224 outside the City of Rome Blocks 226 through 229 That part of Block 230 outside the City of Rome Block 231 Those parts of Blocks 232 and 234 outside the City of Rome Block 235 That part of Block 238 outside the City of Rome Tract 13 Blocks 123 through 133 That part of Block 201 outside the City of Rome Blocks 202, 203, and 205 through 207 That part of Block 208 outside the City of Rome Block 209 Those parts of Blocks 210 and 213 outside the City of Rome Block 214 That part of Block 231 outside the City of Rome Blocks 235 through 242 Tract 14 Tract 15 Those parts of Blocks 101 and 114 outside the City of Rome Block 150 Tract 16 Blocks 212 through 214 That part of Block 215 outside the City of Rome Blocks 228 and 229 That part of Block 230 outside the City of Rome Block 304 That part of Block 305 outside the City of Rome Blocks 306 and 307

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That part of Block 313 outside the City of Rome Blocks 314 through 316 Those parts of Blocks 317 through 320 outside the City of Rome Block 321 Those parts of Blocks 322 and 323 outside the City of Rome Blocks 324 through 327 That part of Block 333 outside the City of Rome Tract 17 Blocks 101 through 121 Those parts of Blocks 122 through 124 outside the City of Rome Blocks 125 through 127 That part of Block 128 outside the City of Rome Blocks 129 and 130 That part of Block 131 outside the City of Rome Blocks 132 through 134 Block Groups 2 through 5 Tract 18 That part of Block 102 outside the City of Rome Blocks 103 through 108 That part of Block 109 outside the City of Rome Blocks 110 through 113 and 116 through 121 That part of Block 122 outside the City of Rome Block 124 Those parts of Blocks 125 and 126 outside the City of Rome Blocks 127 through 150 That part of Block 154 outside the City of Rome Blocks 155 and 201 That part of Block 202 outside the City of Rome Blocks 203 through 251

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Tract 19 Block 101 That part of Block 102 outside the City of Rome Blocks 104 through 111 That part of Block 112 outside the City of Rome Block 113 That part of Block 114 outside the City of Rome Block 116 That part of Block 118 outside the City of Rome Blocks 119 through 127, 129 through 134, and 138 through 141 Tract 20 District No. 16 - 1 Representative Floyd Tract 3 Those parts of Blocks 102 and 106 within the City of Rome Tract 4 That part of Block 135 within the City of Rome Blocks 142 and 143 Those parts of Blocks 145, 146, and 150 within the City of Rome Blocks 151 and 152 Tract 5 Tract 6 Those parts of Blocks 133 through 135 within the City of Rome Block 136 That part of Block 138 within the City of Rome Blocks 139, 140, 142 through 150, and 201 through 203 That part of Block 204 within the City of Rome Blocks 205 through 247

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That part of Block 248 within the City of Rome Blocks 250 and 251 Block Groups 3 and 4 Tract 8 Blocks 104 through 110, 113 through 117, 119, and 120 That part of Block 140 within the City of Rome Blocks 141 through 147, 149, 150, 154 through 157, and 201 through 210 That part of Block 211 within the City of Rome Blocks 213, 220, and 223 Tract 9 That part of Block 101 within the City of Rome Blocks 102 through 137 and 139 That part of Block 140 within the City of Rome Blocks 141 through 147 Those parts of Blocks 148, 149, and 210 within the City of Rome Tracts 10 and 11 Tract 12 Block Group 1 Blocks 201 through 220 Those parts of Blocks 221, 223, and 224 within the City of Rome Block 225 Those parts of Blocks 230 and 232 within the City of Rome Block 233 That part of Block 234 within the City of Rome Block 237 That part of Block 238 within the City of Rome Blocks 239 through 242 Tract 13 Blocks 101 through 122 and 134

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Those parts of Blocks 201, 202, 208, and 210 within the City of Rome Blocks 211 and 212 That part of Block 213 within the City of Rome Blocks 215 through 230 That part of Block 231 within the City of Rome Blocks 232 through 234 and 243 Tract 15 That part of Block 101 within the City of Rome Blocks 102 through 113 That part of Block 114 within the City of Rome Blocks 115 through 149 and 151 Tract 16 Block Group 1 Blocks 201 through 211 That part of Block 215 within the City of Rome Blocks 216 through 227 That part of Block 230 within the City of Rome Blocks 231 through 250 and 301 through 303 That part of Block 305 within the City of Rome Blocks 308 through 312 Those parts of Blocks 313, 317 through 320, 322, 323, and 333 within the City of Rome Tract 17 Those parts of Blocks 122 through 124, 128, and 131 within the City of Rome Tract 18 Block 101 Those parts of Blocks 102 and 109 within the City of Rome Blocks 114 and 115 That part of Block 122 within the City of Rome

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Block 123 Those parts of Blocks 125, 126, 154, and 202 within the City of Rome Tract 19 Those parts of Blocks 102, 112, and 114 within the City of Rome Blocks 115 and 117 That part of Block 118 within the City of Rome District No. 20 - 5 Representatives Cobb Tracts 301 and 302.01 through 302.03 Tract 303.06 That part of Block 302 within the City of Marietta Tract 304.01 That part of Block 502 within the City of Marietta Those parts of Blocks 911 and 920 within the City of Marietta Tract 304.03 Those parts of Blocks 404, 405, and 411 within the City of Marietta Blocks 412 through 415, 418 through 420, and 423 through 425 Those parts of Blocks 426 and 428 within the City of Marietta Block 430 Those parts of Blocks 501, 507, and 508 within the City of Marietta Block 602 That part of Block 603 within the City of Marietta Blocks 604 and 605 Those parts of Blocks 607 and 610 within the City of Marietta Those parts of Blocks 701 through 703 within the City of Marietta Block 705

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Tract 305 Those parts of Blocks 311 and 313 within the City of Marietta Blocks 314 and 315 Those parts of Blocks 316 and 317 within the City of Marietta Blocks 324 and 325 Those parts of Blocks 326 through 328 within the City of Marietta Blocks 402 and 403 That part of Block 406 within the City of Marietta Blocks 407, 408, 410, and 411 Those parts of Blocks 413 through 415 within the City of Marietta Blocks 416 and 417 Those parts of Blocks 511 and 512 within the City of Marietta Blocks 515 through 524 That part of Block 525 within the City of Marietta Blocks 601, 605 through 611, and 614 Those parts of Blocks 616 and 618 within the City of Marietta Blocks 619 through 624 Tracts 306 through 309 Tract 310.01 Block Group 1 Blocks 201 through 207, 209, 210, and 212 through 215 That part of Block 216 outside the City of Smyrna Blocks 217 through 227 That part of Block 228 outside the City of Smyrna Blocks 229 through 231

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That part of Block 901 outside the City of Smyrna Blocks 902 and 903 Tract 310.02 Blocks 101 through 111 and 115 through 119 That part of Block 120 outside the City of Smyrna Blocks 122 through 125 Block Group 2 Tract 310.03 Blocks 102 through 105 and 107 through 109 That part of Block 110 outside the City of Smyrna Blocks 111 and 113 Block Groups 2 through 8 Tract 311.02 That part of Block 115 within the City of Marietta Block Group 5 Tract 311.06 Blocks 401 through 407, 411, 412, 414 through 416, 418, and 419 Block Group 5 Tract 313.01 Block Group 1 Blocks 201 through 209, 214 through 217, and 219 through 233 Block Groups 3 and 5 Tracts 313.02, 313.04, 313.05, 314.01, 314.02, and 315 District No. 21 - 5 Representatives Cobb Tracts 303.01 through 303.05 Tract 303.06 Block Groups 1 and 2 Block 301 That part of Block 302 outside the City of Marietta

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Blocks 303 through 311 Block Groups 4 through 6 and 9 Tract 304.01 Block Groups 1 and 2 That part of Block 502 outside the City of Marietta Blocks 503, 516 through 518, 521, 523, and 524 Blocks 902 through 904, 909, and 910 That part of Block 911 outside the City of Marietta Blocks 912 through 919 That part of Block 920 outside the City of Marietta Tract 304.02 Tract 304.03 Block Group 3 Blocks 401 through 403 Those parts of Blocks 404 and 405 outside the City of Marietta Blocks 408 through 410 That part of Block 411 outside the City of Marietta Block 421 That part of Block 426 outside the City of Marietta Block 427 That part of Block 428 outside the City of Marietta Block 429 That part of Block 501 outside the City of Marietta

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Blocks 503 through 506 Those parts of Blocks 507 and 508 outside the City of Marietta Blocks 510 through 513 and 601 That part of Block 603 outside the City of Marietta Block 606 That part of Block 607 outside the City of Marietta Blocks 608 and 609 Those parts of Blocks 610 and 701 through 703 outside the City of Marietta Block Group 9 Tract 305 Block Groups 1 and 2 Blocks 301, 302, 305, and 307 through 310 Those parts of Blocks 311, 313, 316, and 317 outside the City of Marietta Blocks 318 through 323 Those parts of Blocks 326 through 328 outside the City of Marietta Blocks 329 through 335 Those parts of Blocks 406 and 413 through 415 outside the City of Marietta Blocks 419, 420, 502, and 504 through 510 Those parts of Blocks 511, 512, and 525 outside the City of Marietta Block 526

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Those parts of Blocks 616 and 618 outside the City of Marietta Block Groups 7 and 8 Track 310.01 Those parts of Blocks 216 and 228 within the City of Smyrna That part of Block 901 within the City of Smyrna Tract 310.02 That part of Block 120 within the City of Smyrna Tract 310.03 That part of Block 110 within the City of Smyrna Block 112 Tract 311.01 Tract 311.02 Blocks 101 through 109, 113, and 114 That part of Block 115 outside the City of Marietta Blocks 116, 117, and 119 through 123 Block Groups 2 through 4 Tracts 311.03 and 311.05 Tract 311.06 Blocks 409 and 410 Tracts 311.07, 312.01, and 312.02 Tract 313.01 Blocks 234 and 235 Block Groups 4 and 9 District No. 68 - 1 Representative Clarke Tracts 4, 5, 10 through 12, and 13.01 Tract 15.01 Blocks 101 through 115, 201 through 215, and 218

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That part of Block 301 outside the City of Athens Blocks 302, 309, and 310 Block Group 4 Tract 15.02 Blocks 135 and 136 Block Groups 2 through 4 District No. 77 - 1 Representative Coweta Tract 9906 That part of Block 512 within GMD 693 Tract 9907 Those parts of Block 122 within GMD's 693 and 1139 Those parts of Blocks 123 and 146 within GMD 1139 Those parts of Blocks 201 through 203 within GMD 693 Blocks 204 and 205 That part of Block 206 within GMD 693 Blocks 207 through 220 Those parts of Block 221 within GMD's 693 and 1139 Blocks 222 through 231 Block Group 3 Those parts of Blocks 408 through 410 within GMD 1139 Block 411 That part of Block 427 within GMD 1139 Block 428 That part of Block 429 within GMD 1139 Heard Troup Tract 9901 Tract 9902 Block Group 1 Blocks 201 through 233 Those parts of Blocks 234 through 236 outside the City of LaGrange

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Blocks 237 and 238 Those parts of Blocks 239 and 240 outside the City of LaGrange Block 241 Tract 9903 Blocks 101 through 111 and 114 through 117 Those parts of Blocks 118 and 119 outside the City of LaGrange Block 120 Those parts of Blocks 135 and 136 outside the City of LaGrange Blocks 159 and 160 That part of Block 201 outside the City of LaGrange Those parts of Blocks 305 and 308 outside the City of LaGrange Blocks 309 through 331 Block Group 4 Tract 9904 Those parts of Blocks 101 through 103 within the City of Mountville Blocks 104 through 110 Those parts of Blocks 112 and 113 outside the City of LaGrange Blocks 114 through 120 Those parts of Blocks 201 and 202 outside the City of LaGrange Block 203 The part of Block 204 outside the City of LaGrange Those parts of Blocks 304 through 307 outside the City of LaGrange Tract 9906 Blocks 101 through 145 That part of Block 146 outside the City of LaGrange Block 147 Those parts of Blocks 148 and 150 outside the City of LaGrange Block 201 That part of Block 202 outside the City of LaGrange Blocks 203, 204, 206 through

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213, and 224 through 230 Block Group 3 Tract 9908 Blocks 101 through 108, 112 through 127, 144 through 153, 155, 156, 164, and 201 through 203 Those parts of Blocks 204 and 205 within the City of West Point Block Groups 3 through 5 District No. 81 - 1 Representative Troup Tract 9902 Those parts of Blocks 234 through 236, 239, and 240 within the City of LaGrange Block Groups 3 and 4 Tract 9903 Those parts of Blocks 118 and 119 within the City of LaGrange Blocks 121 through 134 Those parts of Blocks 135 and 136 within the City of LaGrange Blocks 137 through 149 That part of Block 201 inside the City of LaGrange Blocks 202 through 250 Blocks 301 through 303 Those parts of Blocks 305 and 308 within the City of LaGrange Tract 9904 Those parts of Blocks 101 through 103 outside the City of Mountville Blocks 121 through 135 Those parts of Blocks 201, 202, and 204 within the City of LaGrange Blocks 205 and 207 through 252 Blocks 301 through 303 Those parts of Blocks 304 through 307 inside the City of LaGrange Blocks 308 through 332 Tract 9905 Tract 9906

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Those parts of Blocks 146 and 148 within the City of LaGrange Block 149 That part of Block 150 within the City of LaGrange That part of Block 202 within the City of LaGrange Blocks 231 through 242 Block Groups 4 and 5 Tract 9907 Tract 9908 Blocks 109 through 111 and 128 through 143 Those parts of Blocks 204 and 205 outside the City of West Point Blocks 206 through 218 District No. 85 - 1 Representative Richmond Tract 6 Blocks 101 through 116 Block Groups 2 and 3 Blocks 403 through 411 and 504 through 511 Tract 7 Blocks 111 through 118 Block Groups 2 through 4 Tract 9 Block Groups 1 through 5 Blocks 601 through 605 Tract 14 Block Group 3 Blocks 404 through 409 Tract 15 Tract 105.06 Block Groups 2 and 6 Tract 105.08 Block Group 1 Blocks 701 through 707 Tract 105.10 Block Group 1 Block 901

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Tract 105.11 Blocks 313 through 321 Block Group 9 Tract 106 Block Groups 1 through 3, 5, and 9 District No. 88 - 1 Representative Richmond Tract 10 Blocks 115 through 121 Tract 12 Blocks 209 through 215 Block Group 3 Blocks 401, 403 through 411, 501, and 503 Tract 13 Block Group 1 Blocks 201 through 204 and 217 Tract 14 Blocks 104 through 119 Block Group 2 Blocks 410 through 412 Block Group 5 Tract 16 Blocks 210, 211, 603, 604, 907, and 908 That part of Block 909 within the City of Augusta Blocks 911 and 912 Tracts 103 and 104 Tract 105.07 Block Group 2 Blocks 303, 310 through 322, 401 through 412, and 419 through 422 Block Group 5 Tract 106 Block Groups 4 and 6 District No. 89 - 1 Representative Richmond

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Tract 16 Blocks 213 through 216 and 221 through 223 Those parts of Blocks 225 through 228 outside the City of Augusta Block 229 That part of Block 230 outside the City of Augusta Blocks 304 through 306, 311 through 316, 319 through 323, 606 through 609, and 630 through 633 That part of Block 909 outside the City of Augusta That part of Block 910 within the City of Augusta Tracts 105.04 and 105.05 Tract 105.06 Block Group 5 Tract 105.07 Blocks 301, 304 through 309, 413 through 415, and 418 Tract 105.09 Blocks 721 through 725 Block Group 8 Tract 107.01 Blocks 101 through 104 That part of Tract 108 on the northeastern side of the following line which bisects Tract 108: beginning at the point of intersection of U.S. Highway 78 and 19th Street at Gate 2; proceed along 19th Street in a southerly direction to the point of intersection of 19th Street and 7th Avenue; proceed thence along 7th Avenue in an easterly direction to the point of intersection of 7th Avenue and 29th Street; proceed along 29th Street in a southerly direction to the point of intersection of 29th Street and 6th Avenue; proceed along 6th Avenue in an

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easterly direction to the point of intersection of 6th Avenue and Headquarters Road; proceed along Headquarters Road in a northerly direction to the point of intersection of Headquarters Road and 7th Avenue; proceed along 7th Avenue in an easterly direction to the point of intersection of 7th Avenue and 34th Street; proceed along 34th Street in a southerly direction to the point of intersection of 34th Street and 4th Avenue; proceed along 4th Avenue in a southeasterly direction to the point of intersection of 4th Avenue and 37th Street; proceed along 37th Street in a northeasterly direction to the point of intersection of 37th Street and 5th Avenue; proceed along 5th Avenue in a southeasterly direction to the point of intersection of 5th Avenue and 38th Street; proceed along 38th Street in a northeasterly direction to the point of intersection of 38th Street and 7th Avenue; proceed along 7th Avenue in a southeasterly direction to the point of intersection of 7th Avenue and 40th Street; proceed along 40th Street in a southwesterly direction to the point of intersection of 40th Street and 5th Avenue; proceed along 5th Avenue in a southeasterly direction to the point of intersection of 5th Avenue and 43rd Street; proceed along 43rd Street in a southwesterly direction to the point of intersection of 43rd Street

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and 4th Avenue; proceed finally along 4th Avenue in a southeasterly direction to the point of intersection of 4th Avenue and U.S. Highway 1 at Gate 5 District No. 126 - 1 Representative Bryan Tract 203 Blocks 101 through 116 and 118 through 143 That part of Blocks 144 and 148 within the City of Richmond Hill Blocks 189, 190, and 192 through 198 Block Group 4 Chatham Tract 42.02 Blocks 101, 108, 110 through 123, 133, 134, 136, 138, and 139 Block Group 2 Tracts 42.03 and 42.04 Tract 108.02 Blocks 323 through 329, 401 through 413, 416 through 425, and 427 through 433 Tract 109 District No. 129 - 1 Representative Bryan Tracts 201 and 202 Tract 203 That part of Block 144 outside the City of Richmond Hill Blocks 145 through 147 That part of Block 148 outside the City of Richmond Hill Blocks 149, 150, 155 through 159, 177 through 188, and 191 Effingham Liberty Tract 9904

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District No. 132 - 1 Representative Dougherty Tract 1 Blocks 202 through 205, 920, 927 through 930, and 932 through 934 Those parts of Blocks 940 and 942 outside the City of Albany Block 945 Tract 3 Block 101 That part of Block 110 south of the Seaboard Coastline Railroad (formerly the Seaboard Air Line Railroad) Blocks 115 and 117 That part of Block 118 south of the Seaboard Coastline Railroad (formerly the Seaboard Air Line Railroad) Blocks 119 through 123, 127, 130 through 132, 201, and 206 through 208 Tract 8 Tract 11 Block Group 2 Blocks 301 through 304 and 312 through 315 Block Group 5 Blocks 902 and 903 Tract 12 Blocks 102 through 107, 111 through 115, and 118 through 124 Block Group 2 Tract 14.02 Blocks 207 through 210, 212, 213, 215 through 219, 222 through 225, 227 through 233, 304 through 307, and 311 through 313 Tract 15 Tract 101 Blocks 101 through 116

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Tract 102 Tract 105 Blocks 112 through 120, 125 through 130, 229, 301 through 311, 901, 903, 904, 906, 913, and 914 Tract 106.01 Blocks 118, 126, and 212 through 222 Tract 106.02 Block Groups 3 and 4 Blocks 501 through 511 District No. 133 - 1 Representative Dougherty Tract 3 Blocks 103, 104, 106, 107, and 109 That part of Block 110 north of the Seaboard Coastline Railroad (formerly the Seaboard Air Line Railroad) Block 111 That part of Block 118 north of the Seaboard Coastline Railroad (formerly the Seaboard Air Line Railroad) Blocks 124 through 126, 128, 129, 202 through 205, 211 through 225, 302 through 306, 308 through 315, 318, 323, 324, 327, and 328 Tracts 4 through 7, 9, and 10 Tract 11 Block Group 1 Blocks 305 through 311 and 316 through 319 Block Group 4 Tract 104 District No. 134 - 1 Representative Dougherty Tract 1 Block Group 1 Blocks 206, 207, 209, 210, 213 through 218, and 220 through 223 Block Groups 3 and 4

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Blocks 921, 922, 924, 926, and 935 through 939 That part of Block 940 within the City of Albany Block 941 That part of Block 942 within the City of Albany Blocks 943 and 944 Tract 2 Tract 12 Blocks 101 and 108 through 110 Tracts 13 and 14.01 Tract 14.02 Blocks 214, 221, 235, 302, 303, 308 through 310, 314, and 315 Tract 101 Blocks 117 through 135 Block Group 9 Tracts 103.01 and 103.02 Tract 106.01 Blocks 107 through 112, 114, 115, 119 through 125, 127, and 128 Tracts 107 and 108 District No. 140 - 1 Representative Baker Dougherty Tract 105 Blocks 101 through 109, 202 through 204, 209 through 213, 218, 219, and 312 through 325 Tract 106.02 Block Group 1 Blocks 512 through 530 Tracts 109 and 110 Early Miller Section 2. Said Code Chapter is further amended by striking paragraph (2) of subsection (e) of Code Section 47-101 and inserting in its place a new paragraph to read as follows:

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(2) (A) Except as provided in subparagraph (B) of this paragraph, whenever the description of any representative district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (B) The following references to named cities shall mean the actual geographical boundaries of that city as they existed on January 1, 1982: (i) Any reference in the description of District No. 15 or District No. 16 to the City of Rome; (ii) Any reference in the description of District No. 126 or District No. 129 to the City of Richmond Hill; (iii) Any reference in the description of District No. 132 or District No. 134 to the City of Albany. Section 3. The provisions of this Act and of Code Section 47-101, as amended by this Act, shall be incorporated into the Official Code of Georgia Annotated as provided in Section 2 of the Act approved September 10, 1981 (Ga. L. 1981, Ex. Sess., p. 12). 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 repealed. Approved March 25, 1982.

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GEORGIA SAFETY FIRE COMMISSIONER ENFORCEMENT OF FIRE SAFETY STANDARDS, ETC. No. 876 (House Bill No. 1587). AN ACT To amend an Act creating the office of Georgia Safety Fire [Illegible Text], approved February 25, 1949 (Ga. L. 1949, p. 1057), as [Illegible Text], particularly by an Act approved April 17, 1981 (Ga. L. 1981, [Illegible Text]), so as to change the provisions relating to enforcement of fire [Illegible Text] standards; to provide for certain contracts between local [Illegible Text] subdivisions with respect to enforcement, building permits, [Illegible Text] certificates of occupancy; to amend the Official Code of Georgia [Illegible Text] accordingly; to provide effective dates; to provide for [Illegible Text] repeal of certain provisions of this Act; to repeal conflicting [Illegible Text]; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act creating the office of Georgia Safety Fire [Illegible Text], approved February 25, 1949 (Ga. L. 1949, p. 1057), as [Illegible Text], particularly by an Act approved April 17, 1981 (Ga. L. 1981, [Illegible Text]), is amended by striking Section 6 in its entirety and inserting [Illegible Text] thereof a new Section 6 to read as follows: Section 6. (a) The county governing authority in any county [Illegible Text] a population of 100,000 or more, and the municipal governing [Illegible Text] in any municipality having a population of 45,000 or more, [Illegible Text] as determined by the most recent decennial census published by [Illegible Text] United States Bureau of Census, and those municipalities [Illegible Text] to subsection (b) of this Section shall adopt the state minimum [Illegible Text] safety standards adopted in the rules and regulations [Illegible Text] pursuant to this Act, including all subsequent revisions thereof. (1) With respect to those buildings and structures listed in Section 8 of this Act, except for those owned and operated or occupied by the state, every such local governing authority shall be responsible for enforcing such fire safety standards within their jurisdiction and shall:

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(A) Conduct fire safety inspections of existing buildings and structures; (B) Review plans and specifications for proposed buildings and structures, issue building permits when plans are approved, and conduct fire safety inspections of such buildings and structures; and (C) Issue permanent and temporary certificates of occupancy. Nothing herein shall be construed so as to prohibit fire service personnel of any such local governing authority from making inspections of any state owned and operated or occupied building or structure listed in Section 8 of this Act and from filing reports of such inspections with the office of Georgia Safety Fire Commissioner. Nothing herein shall be construed so as to place upon any municipality, county or any officer or employee thereof, the responsibility to take enforcement action regarding any existing building or structure listed in Section 8 of this Act when such building or structure was granted a certificate of occupancy pursuant to a waiver granted prior to April 1, 1982, and which was granted pursuant to the recommendation of the engineering staff over the objection of the local authority having jurisdiction. (2) Every such local governing authority shall have the authority to charge and retain appropriate fees for performing the duties required in subparagraphs (B) and (C) of paragraph (1) of this subsection. In cases where the governing authority of a municipality enforcing fire safety standards pursuant to this subsection contracts for the enforcement of fire safety standards, any municipal or county office or authority providing such enforcement shall not charge fees in excess of those charged in its own political subdivision for such enforcement. (3) Every such local governing authority shall be responsible for investigating all cases of arson and other suspected incendiary fires within their jurisdiction, shall have the duties and powers authorized by Sections 21, 22, and 23 of this Act in carrying out such responsibility, and shall submit quarterly reports to the state fire marshal containing fire-loss data regarding all fires within

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their jurisdiction. The state fire marshal shall have the authority to initiate any arson investigation upon request of any such local governing authority and the state fire marshal shall provide assistance to the requesting authority regarding any of the duties and responsibilities required by this paragraph. (4) No such local governing authority shall have the authority to grant any waiver or variance which would excuse any building, structures, or proposed plans for buildings or structures from compliance with the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this Act. (b) Municipalities having a population of less than 45,000 as determined by the most recent decennial census published by the United States Bureau of Census, may adopt the state minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this Act, including all subsequent revisions thereof. The municipal governing authority shall indicate its intention to adopt and enforce the state minimum fire safety standards by forwarding a resolution so indicating to the Commissioner. The municipality shall then adopt and enforce the state minimum fire safety standards as set forth in subsection (a) of Section 6 of this Act. (c) With respect to those buildings and structures listed in Section 8 of this Act in jurisdictions other than those jurisdictions covered under subsection (a) of this Section, and with respect to every such building and structure owned and operated or occupied by the state wherever located, the office of Georgia Safety Fire Commissioner shall perform those duties specified in paragraph (1) of subsection (a) herein and shall perform all other duties required by this Act. (d) Except as specifically stated herein, nothing in this Section shall reduce or avoid the duties and responsibilities of the office of Georgia Safety Fire Commissioner or the state fire marshal required by other Sections of this Act, other Acts, or any existing contract or agreement and all renewals thereof between the office of Georgia Safety Fire Commissioner or the state fire marshal and any other state of federal government agency. Nothing herein shall prohibit the office of Georgia Safety Fire Commissioner, state fire marshal, or any local governing authority from entering into any future contract or agreement regarding any of the duties required herein.

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(e) The office of the Georgia Safety Fire Commissioner shall be responsible for interpretations of the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this Act upon receipt of a written request therefor. Section 2. Said Act is further amended by striking paragraph (1) of subsection (a) of Section 7 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) For the purposes of this Act, a local fire marshal shall mean any employee or independent contractor of any city, county, or other governing authority not adopting the state minimum fire safety standards as provided in subsection (a) of Section 6 of this Act, who is responsible for performing fire safety duties for such city, county, or governing authority and who has been or is seeking to be deputized pursuant to this Section. Section 3. Said Act is further amended by adding at the end of Section 9 a new subsection, to be designated subsection (d), to read as follows: (d) In cases where the governing authority of a municipality which is enforcing fire safety standards pursuant to subsection (a) of Section 6 contracts with the Office of Safety Fire Commissioner for the enforcement of fire safety standards, the office of the Commissioner shall not charge such municipality fees in excess of those charged in this Section. Part 2 Section 4. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards, is amended by striking Code Section 25-2-12 in its entirety and inserting in lieu thereof a new Code Section 25-2-12 to read as follows: 25-2-12. (a) (1)The county governing authority in any county having a population of 100,000 or more, and the municipal governing authority in any municipality having a population of 45,000 or more, each as determined by the most recent decennial census published by the United States Bureau of Census, and those municipalities pursuant to subsection (b) of this Code section

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shall adopt the state minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this chapter, including all subsequent revisions thereof. (2) With respect to those buildings and structures listed in Code Section 25-2-13, except for buildings and structures which are owned and operated or occupied by the state, every such local governing authority shall be responsible for enforcing such fire safety standards within its jurisdiction and shall: (A) Conduct fire safety inspections of existing buildings and structures; (B) Review plans and specifications for proposed buildings and structures, issue building permits when plans are approved, and conduct fire safety inspections of such buildings and structures; and (C) Issue permanent and temporary certificates of occupancy. (3) Nothing in this subsection shall be construed so as to prohibit fire service personnel of any such local governing authority from making inspections of any state owned and operated or occupied building or structure listed in Code Section 25-2-13 and from filing reports of such inspections with the office of the Commissioner. (4) Nothing in this subsection shall be construed so as to place upon any municipality, county, or any officer or employee thereof, the responsibility to take enforcement action regarding any existing building or structure listed in Code Section 25-2-13, if such building or structure was granted a certificate of occupancy pursuant to a waiver granted prior to January 1, 1982, and which was granted pursuant to the recommendation of the engineering staff over the objection of the local authority having jurisdiction. (5) Every such local governing authority shall have the authority to charge and retain appropriate fees for performing the duties required in subparagraphs (A) and (B) of paragraph (2) of this subsection. In cases where the governing authority of a municipality enforcing fire safety standards pursuant to this subsection contracts for the enforcement of fire safety standards,

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any municipal or county office or authority providing such enforcement shall not charge fees in excess of those charged in its own political subdivision for such enforcement. (6) Every such local governing authority shall be responsible for investigating all cases of arson and other suspected incendiary fires within its jurisdiction, shall have the duties and powers authorized by Code Sections 25-2-27, 25-2-28, and 25-2-29 in carrying out such responsibility, and shall submit quarterly reports to the state fire marshal containing fire-loss data regarding all fires within its jurisdiction. The state fire marshal shall have the authority to initiate any arson investigation upon request of any such local governing authority and he shall provide assistance to the requesting authority regarding any of the duties and responsibilities required by this paragraph. (7) No such local governing authority shall have the authority to grant any waiver or variance which would excuse any building, structure, or proposed plans for buildings or structures from compliance with the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this chapter. (b) Municipalities having a population of less than 45,000 as determined by the most recent decennial census published by the United States Bureau of Census may adopt the state minimum fire safety standards adopted in the rules and regulations promulgated pursuant to this chapter, including all subsequent revisions thereof. The municipal governing authority shall indicate its intention to adopt and enforce the state minimum fire safety standards by forwarding a resolution so indicating to the Commissioner. The municipality shall then adopt and enforce the state minimum fire safety standards as set forth in subsection (a) of Code Section 25-2-12. (c) With respect to those buildings and structures listed in Code Section 25-2-13, in jurisdictions other than those jurisdictions covered under subsection (a) of this Code section, and with respect to every such building and structure owned and operated or occupied by the state, wherever located, the office of the Commissioner shall perform those duties specified in paragraph (2) of subsection (a) of this Code section and shall perform all other duties required by this chapter.

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(d) Except as specifically stated in this Code section, nothing in this Code section shall reduce or avoid the duties and responsibilities of the office of the Commissioner or the state fire marshal imposed by other Code sections of this chapter, other provisions of this Code, or any existing contract or agreement and all renewals thereof between the office of the Commissioner or the state fire marshal and any other state or federal government agency. Nothing in this Code section shall prohibit the office of the Commissioner, state fire marshal, or any local governing authority from entering into any future contract or agreement regarding any of the duties imposed under this Code section. (e) The office of the Commissioner shall be responsible for interpretations of the state minimum fire safety standards as adopted in the rules and regulations promulgated pursuant to this chapter. Section 5. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 25-2-12.1 and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Local fire marshal' means any employee or independent contractor of any municipality, county, or other governing authority not adopting the state minimum fire safety standards as provided in subsection (a) of Code Section 25-2-12 who is responsible for performing fire safety duties for such municipality, county, or governing authority and who has been or is seeking to be deputized pursuant to this Code section. Section 6. Said chapter is further amended by adding at the end of Code Section 25-2-14 a new subsection (e) to read as follows: (e) In cases where the governing authority of a municipality which is enforcing the fire safety standards pursuant to subsection (a) of Code Section 25-2-12 contracts with the office of the Commissioner for the enforcement of fire safety standards, the office of the Commissioner shall not charge such municipality fees in excess of those charged in this Code section. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective April 1, 1982.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1982. SUPPLEMENTARY APPROPRIATIONS ACT. No. 881 (House Bill No. 1144). AN ACT To provide supplementary appropriations for the fiscal year ending June 30, 1982, 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: That the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1981, and ending June 30, 1982, 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. Department of Medical Assistance. Budget Unit: Department of Medical Assistance $ 10,000,000 For matching available Federal funds for the payment of Medicaid benefits TOTAL SUPPLEMENTARY APPROPRIATION FISCAL YEAR 1981 - 1982 $ 10,000,000

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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. It is the intent of this General Assembly that this appropriation is made to assure the adequancy of State funding for Medicaid Benefits for State Fiscal Year 1982 and not for the purpose of increasing the rate of reimbursement to providers of health care services. 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 repealed. Approved March 29, 1982.

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LOANS SECURED BY SECONDARY SECURITY DEEDS. No. 892 (Senate Bill No. 666). AN ACT To amend an Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, approved March 16, 1966 (Ga. L. 1966, p. 574), as amended, so as to provide that a person, copartnership, association, trust, corporation, or other legal entity may charge, take, and receive interest and charges at any actuarial rate and amount and in any manner of repayment agreed upon by the parties for a loan of $5,000.00 or more amount financed as the term amount financed is defined by the federal Truth in Lending Act; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act regulating charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed, approved March 16, 1966 (Ga. L. 1966, p. 574), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. No person, copartnership, association, trust, corporation or other legal entity shall directly or indirectly charge, take or receive for a loan of less than $5,000.00 amount financed, as the term `amount financed' is defined by the federal Truth in Lending Act, secured in whole or in part by a security deed, mortgage, or other security instrument, other than a first security deed, first mortgage or other security instrument, on residential real estate improved by the construction thereon of housing consisting of four or less family dwelling units, executed by an individual or individuals, a rate of charge, as herein defined, in addition to interest at a rate hereinafter authorized, whether payable directly to the lender or to a third party in connection with such loan, which in the aggregate is greater than 10 per cent. of the principal amount of the loan as hereinafter defined:

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Provided that where the stated principal sum of the indebtedness is $1,500 or less, the rate of charge may exceed said 10 per cent. but shall not be greater than $50: Provided, that if a renewal or additional loan shall be made to the same borrower within 36 months after the original loan, or after the previous renewal or additional loan, the borrower shall receive a rebate from the previously charged rate of charge in accordance with the Standard Rule of 78 based upon a 36-month term regardless of the actual term of the original loan, renewal thereof, or additional loan. The borrower shall further have the right to anticipate payment of his debt in whole or in part at any time and shall receive a rebate of the unearned interest, which rebate shall be computed in accordance with the Standard Rule of 78. The aggregate of the amount or value actually received at the time of the loan, plus the aforesaid rate of charge, plus the sum of all existing indebtedness of the borrower paid on his behalf by the lender, shall be deemed the principal amount of the loan. Section 2. Said Act is further amended by striking subsection (d) of Section 2 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) Notwithstanding the method used for the computation of interest, on a loan of less than $5,000.00 amount financed, as the term `amount financed' is defined by the federal Truth in Lending Act, 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, semiannual or yearly installments, as it now exists or may hereafter be amended. Section 3. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Any person, copartnership, association, trust, corporation, or any other legal entity making on its own behalf, or as agent, broker, or in other representative capacity on behalf of any other person, copartnership, association, trust, corporation, or any other legal entity, a loan or real property financing transaction secured by a secondary security deed on real estate within the regulatory authority of this Chapter, whether lawfully or unlawfully, at the time of the closing shall furnish the debtor or borrower or grantor in the security deed mortgage, deed of trust, or any other security instrument, a

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complete and itemized closing statement which shall show in detail all costs which are defined as a `charge' in subsection (a) of Section 2 or agreed upon under Section 4A, together with any interest charges, and the disposition of the principal of the loan or security transaction, and the said detailed closing statement shall be signed by the lending agency or a representative of the lending agency, or a responsible officer, in its behalf, and a completed and signed additional copy retained in the files of the lending agency involved and available at all reasonable times to the borrower, the borrower's successor in interest to the security real property, or the authorized agent of the borrower or the borrower's successor, until such time as the security instrument shall be satisfied in full. Section 4. Said Act is further amended by adding a new Section 4A immediately following Section 4 to read as follows: Section 4A. Notwithstanding the provisions of other laws to the contrary, on loans of $5,000.00 or more, a person, copartnership, association, trust, corporation, or other legal entity may charge, take, and receive interest and charges at any actuarial rate and amount and in any manner of repayment agreed upon by the parties for a loan of $5,000.00 or more amount financed, as that term is defined by the federal Truth in Lending Act, if said loan is secured in whole or in part by security deed, mortgage, or other security instrument, other than a first security deed, first mortgage, or other security instrument, on residential real estate improved by the construction thereon of housing consisting of four or less family dwelling units, executed by an individual or individuals. The claim or defense of usury by any borrower under this Section or his successor or anyone on his behalf is prohibited. Part 2 Section 5. Article 2 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to residential second mortgages, is amended by striking Code Section 7-4-31 in its entirety and inserting in lieu thereof a new Code Section 7-4-31 to read as follows: 7-4-31. No person, copartnership, association, trust, corporation, or other legal entity shall, directly or indirectly, charge, take, or receive for a loan of less than $5,000.00 amount financed, as the term `amount financed' is defined by the federal Truth in Lending Act, secured in whole or in part by a security deed, mortgage, or other

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security instrument, other than a first security deed, first mortgage, or other first security instrument, on residential real estate improved by the construction thereon of housing consisting of four or fewer family dwelling units, executed by an individual or individuals, a rate of charge as defined in Code Section 7-4-30 in addition to interest at a rate authorized in Code Section 7-4-32, whether payable directly to the lender or to a third party in connection with such loan, which in the aggregate is greater than 10 percent of the principal amount of the loan as defined in this Code section; provided, however, that, where the stated principal sum of the indebtedness is $1,500.00 or less, the rate of charge may exceed said 10 percent but shall not be greater than $50.00; provided, further, that, if a renewal or additional loan shall be made to the same borrower within 36 months after the original loan or after the previous renewal or additional loan, the borrower shall receive a rebate from the previously charged rate of charge in accordance with the Standard Rule of 78 based upon a 36 month term regardless of the actual term of the original loan, renewal thereof, or additional loan. The borrower shall further have the right to anticipate payment of his debt in whole or in part at any time and shall receive a rebate of the unearned interest, which rebate shall be computed in accordance with the Standard Rule of 78. The aggregate of the amount or value actually received at the time of the loan, plus the aforesaid rate of charge, plus the sum of all existing indebtedness of the borrower paid on his behalf by the lender, shall be deemed the principal amount of the loan. Section 6. Said article is further amended by striking subsection (d) of Code Section 7-4-32 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) Notwithstanding the method used for the computation of interest, on loans of less than $5,000.00 amount financed, as the term `amount financed' is defined by the federal Truth in Lending Act, interest may be charged on the principal amount of the loan as defined in this article at the rate authorized and computed in accordance with Code Section 7-4-4, relating to interest on loans to be repaid in weekly, monthly, quarterly, semiannual, or yearly installments, as it now exists or may hereafter be amended. Section 7. Said article is further amended by striking Code Section 7-4-34 in its entirety and inserting in lieu thereof a new Code Section 7-4-34 to read as follows:

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7-4-34. Any person, copartnership, association, trust, corporation, or other legal entity making on its own behalf, or as agent or broker or in other representative capacity on behalf of any other person, copartnership, association, trust, corporation, or other legal entity, a loan or real property financing transaction secured by a secondary security deed on real estate within the regulatory authority of this article, whether lawfully or unlawfully, at the time of the closing shall furnish the debtor or borrower or grantor in the security deed, mortgage, deed of trust, or any other security instrument a complete and itemized closing statement, which shall show in detail all costs which are included in `rate of charge' as defined in Code Section 7-4-30, or agreed upon under Code Section 7-4-34.1, together with any interest charges, and the disposition of the principal of the loan or security transaction. The said detailed closing statement shall be signed by the lending agency or a representative of the lending agency, or a responsible officer, in its behalf. A completed and signed additional copy shall be retained in the files of the lending agency involved and available at all reasonable times to the borrower, the borrower's successor in interest to the security real property, or the authorized agent of the borrower or the borrower's successor until such time as the security instrument shall be satisfied in full. Section 8. Said article is further amended by adding a new Code Section 7-4-34.1 immediately following Code Section 7-4-34 to read as follows: 7-4-34. Notwithstanding the provisions of other laws to the contrary, on loans of $5,000.00 or more, a person, copartnership, association, trust, corporation, or other legal entity may charge, take, and receive interest and charges at any actuarial rate and amount and in any manner of repayment agreed upon by the parties for a loan of $5,000.00 or more amount financed, as that term is defined by the federal Truth in Lending Act, if said loan is secured in whole or in part by security deed, mortgage, or other security instrument, other than a first security deed, first mortgage, or other security instrument, on residential real estate improved by the construction thereon of housing consisting of four or less family dwelling units, executed by an individual or individuals. The claim or defense of usury by any borrower under this Code section or his successor or anyone on his behalf is prohibited.

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Part 3 Section 9. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. CRIMINAL PROCEDURE COURTS OF INQUIRY. Code Sections 27-401, 17-7-20 Amended. No. 893 (Senate Bill No. 701). AN ACT To amend Code Section 27-401, relating to persons who may hold courts of inquiry generally, so as to provide that judges of probate courts may hold courts of inquiry; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 27-401, relating to persons who may hold courts of inquiry generally, is amended by striking said Code

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section in its entirety and inserting in lieu thereof a new Code Section 27-401 to read as follows: 27-401. Who may hold courts of inquiry. Any judge of the superior or county court, or judge of the probate court, or justice of the peace, or city or town officer, who may be ex-officio justice of the peace, may hold a court of inquiry to examine into an accusation against a person legally arrested and brought before him. The time and place of such inquiry shall be determined by him. Part 2 Section 2. Code Section 17-7-20 of the Official Code of Georgia Annotated, relating to persons who may hold courts of inquiry generally, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 17-7-20 to read as follows: 17-7-20. Any judge of a superior, state, or county court, judge of the probate court, justice of the peace, or officer of a municipality who may be an ex officio justice of the peace may hold a court of inquiry to examine into an accusation against a person legally arrested and brought before him. The time and place of the inquiry shall be determined by him. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. SOVEREIGN IMMUNITY WAIVED AS TO ACTIONS EX CONTRACTU. Code Section 50-21-1 Enacted. No. 894 (House Bill No. 1715). AN ACT To waive sovereign immunity as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state, departments and agencies of the state, and state authorities; to provide for venue with respect to any such actions; to provide that the venue provisions shall be cumulative and supplemental to any other venue provisions now or hereafter permitted by law; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. (a) The defense of sovereign immunity is waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state, departments and agencies of the state, and state authorities. (b) Venue with respect to any such action shall be proper in the Superior Court of Fulton County, Georgia. The provisions of this subsection shall be cumulative and supplemental to any other venue provisions now or hereafter permitted by law.

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Part 2 Section 2. Code Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 21 at the end thereof to read as follows: CHAPTER 21 50-21-1. (a) The defense of sovereign immunity is waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state, departments and agencies of the state, and state authorities. (b) Venue with respect to any such action shall be proper in the Superior Court of Fulton County, Georgia. The provisions of this subsection shall be cumulative and supplemental to any other venue provisions now or hereafter permitted by law. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982.

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SUPERIOR COURT JUDGES RETIREMENT SYSTEM ACT AMENDED. Code Sections 47-8-1, 47-9-74 Amended. No. 896 (House Bill No. 1243). AN ACT To amend an Act known as the Act Creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. L. 1976, p. 586), as amended, so as to provide that certain senior judges may elect spouses benefits; to provide for practices and procedures in connection with such election; to provide for the amount and payment of such benefits; to amend an Act creating the office of Senior Judge of the Superior Courts (formerly known as Judge of the Superior Courts, Emeritus), approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved March 24, 1976 (Ga. L. 1976, p. 586), so as to change certain dates concerning designation of judges of the superior courts, emeritus as senior judges of the superior courts; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Act Creating the Superior Court Judges Retirement System, approved March 24, 1976 (Ga. L. 1976, p. 586), as amended, is amended by striking subsection (c) of Section 16 and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) Any former superior court judge who was appointed as a senior judge of the superior courts (formerly known as judge of the superior courts, emeritus) pursuant to an Act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, prior to June 30, 1978, who is now a senior judge, who is married, and who has never elected under the applicable law spouses benefit coverage may elect such coverage pursuant to this subsection.

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(2) Such election must be made in writing to the Director of the Fiscal Division of the Department of Administrative Services prior to January 1, 1983. Effective with the next salary payment after receiving such notification from such senior judge, the Director of the Fiscal Division of the Department of Administrative Services shall begin deducting two and one-half percent from the state salary paid to such senior judge. Effective with the first deduction made from said state salary, the spouse of such senior judge shall be covered for spouses benefits as provided in paragraph (3) of this subsection. (3) Upon the death of such senior judge, the surviving spouse shall receive for life, or until the remarriage of such surviving spouse, a monthly sum equal to 50 percent of the monthly state salary which the senior judge was receiving at the time of the death of such senior judge. Section 2. An Act creating the office of Senior Judge of the Superior Courts (formerly known as Judge of the Superior Courts, Emeritus), approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved March 24, 1976 (Ga. L. 1976, p. 586), is amended by striking from Section 1 of said Act the following: July 1, 1975, and inserting in lieu thereof the following: December 31, 1976, so that when so amended Section 1 of said Act shall read as follows: Section 1. There is hereby created the office of Senior Judge of the Superior Courts. Any judge of the superior court who was appointed Judge of the Superior Courts, Emeritus prior to December 31, 1976, is hereby redesignated as Senior Judge of the Superior Courts effective December 31, 1976. Any judge of the superior court eligible for appointment as Judge of the Superior Courts, Emeritus on December 31, 1976, or who becomes eligible after said date shall be designated as Senior Judge of the Superior Courts upon accepting such appointment.

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Part 2 Section 3. Code Section 47-8-1 of the Official Code of Georgia Annotated, relating to the creation of the office of senior judge of the superior courts, is amended by striking the following: July 1, 1975, and inserting in lieu thereof the following: December 31, 1976, so that when so amended Code Section 47-8-1 shall read as follows: 47-8-1. There is created the office of senior judge of the superior courts. Any judge of the superior court who was appointed judge of the superior courts, emeritus prior to December 31, 1976, is redesignated as senior judge of the superior courts effective December 31, 1976. Any judge of the superior courts who is eligible for appointment as judge of the superior courts, emeritus on December 31, 1976, or who becomes eligible after that date shall be designated as senior judge of the superior courts upon accepting such appointment. Section 4. Code Section 47-9-74 of the Official Code of Georgia Annotated, relating to spouses benefits coverage for members of the Superior Court Judges Retirement Fund, is amended by striking subsection (c) of said Code section and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) Any former superior court judge who was appointed as a senior judge of the superior courts (formerly known as judge of the superior courts, emeritus) pursuant to Chapter 8 of this title prior to June 30, 1978, who is now a senior judge, who is married, and who has never elected under the applicable law spouses benefits coverage may elect such coverage pursuant to this subsection. (2) Such election must be made in writing to the director of the Fiscal Division of the Department of Administrative Services prior to January 1, 1983. Effective with the next salary payment after receiving such notification from such senior judge, the director of the Fiscal Division of the Department of Administrative

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Services shall begin deducting 2 percent from the state salary paid to such senior judge. Effective with the first deduction made from such state salary, the spouse of such senior judge shall be covered for spouses benefits as provided in paragraph (3) of this subsection. (3) Upon the death of such senior judge, the surviving spouse shall receive for life, or until the remarriage of such surviving spouse, a monthly sum equal to 50 percent of the monthly state salary which the senior judge was receiving at the time of the death of such senior judge. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982.

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SUPERIOR COURT CIRCUITS. Code Section 15-6-2 Amended. No. 898 (House Bill No. 1719). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts for each judicial circuit, so as to accurately reflect the number of superior courts for the Cordele Judicial Circuit and the Rome Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts for each judicial circuit, is amended by striking paragraph (13) in its entirety and substituting in lieu thereof a new paragraph (13) to read as follows: (13) Cordele Circuit 2 Section 2. Said Code section is further amended by striking paragraph (33) in its entirety and substituting in lieu thereof a new paragraph (33) to read as follows: (33) Rome Circuit 3 Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982.

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STREET IMPROVEMENTS IN MUNICIPALITIES OF 600 OR MORE. Code Chapter 69-4; Code Chapter 39 of Title 36 Amended. No. 914 (Senate Bill No. 717). AN ACT To amend an Act providing for and assisting in statutory and Code revision by the repeal of certain obsolete and superseded laws based upon classifications of population, approved February 27, 1981 (Ga. L. 1981, p. 3), so as to delete the provision which repeals an Act providing for street improvements in municipalities having a population of 600 or more, approved August 25, 1927 (Ga. L. 1927, p. 321), as amended, officially codified as Code Chapter 69-4; to provide that such law and code chapter shall remain in effect until November 1, 1982; to amend Act No. 380, SB 474, enacted by the General Assembly at the 1982 regular session and approved by the Governor on February 16, 1982, so as to delete the provision of said Act which repeals Chapter 39 of Title 36 of the Official Code of Georgia Annotated, relating to street improvements; to provide that Chapter 39 of Title 36 of the Official Code of Georgia Annotated as enacted at the 1981 extraordinary session of the General Assembly shall take effect on November 1, 1982; to provide for other matters relative to the foregoing; to provide effective dates; to provide for specific repeals; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act providing for and assisting in statutory and code revision by the repeal of certain obsolete and superseded laws based upon classifications of population, approved February 27, 1981 (Ga. L. 1981, p. 3), is amended by striking paragraph (146) of Section 2, which reads as follows: (146) An Act providing for street improvements in municipalities having a population of 600 or more (no census), approved August 25, 1927 (Ga. Laws 1927, p. 321), officially codified as Code Chapter 69-4.,

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in its entirety, so that said 1927 Act which is officially codified as Code Chapter 69-4 shall not be repealed effective on April 1, 1982, as provided in said 1981 Act. Part 2 Section 2. Act No. 380, SB 474, enacted by the General Assembly at the 1982 regular session and approved by the Governor on February 16, 1982, is amended by striking paragraph (11.1) of Section 36, which reads as follows: (11.1) Said title is further amended by repealing Chapter 39 of said title, relating to street improvements., in its entirety so that Chapter 39 of Title 36 of the Official Code of Georgia Annotated as enacted at the 1981 extraordinary session of the General Assembly shall become effective as enacted on November 1, 1982. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act and an Act providing for street improvements in municipalities having a population of 600 or more, approved August 25, 1927 (Ga. L. 1927, p. 321), as amended, and Code Chapter 69-4 of the Code of Georgia of 1933, relating to street improvements in municipalities having a population of 600 or more, as amended, shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982.

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HOUSING AUTHORITIES LAW AMENDED MEMBERS IN CERTAIN COUNTIES (500,000 OR MORE). No. 918 (Senate Bill No. 197). AN ACT To amend an Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended, so as to change the membership of the authority in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census; to create the position of resident commissioner of the authority in such counties; to provide for the appointment of such resident commissioner; to provide 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, is hereby amended by adding immediately following Section 5D two new sections to be designated Section 5E and 5F, respectively, to read as follows: Section 5E. In addition to the five commissioners otherwise provided for in this section, the authority in any county of this state having a population of 550,000 or more 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 section shall be appointed for a term of five years and until the appointment and qualification of his successor, except that the initial appointment of one of the positions created by this section shall be for a term of four years and until the appointment and qualification of his successor. Section 5F. In any county with a population of 550,000 or more according to the United States decennial census of 1970 or any future such census in which the governing body has adopted a resolution as provided in Section 4 of this Act known as the Housing Authorities Law,' approved March 30, 1937 (Ga. Laws 1937, p. 210), as amended,

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the governing body shall, in addition to the other commissioners authorized under said Act, appoint one commissioner to be known as `resident commissioner' who shall be a resident of a housing project located within the unincorporated areas of said county. The tenants of each housing project located within the unincorporated areas of the county shall, upon request of the governing body of the county, be entitled to nominate one resident of said housing project for the appointment as resident commissioner, and the governing body shall appoint one of said nominees as resident commissioner. This resident commissioner shall be appointed for a term of office of one year and shall have no vote. In the event any person serving as resident commissioner ceases to be a resident of a housing project located within the unincorporated area of said county, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment by the governing body of said county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1982.

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MEMBERS OF COUNTY BOARDS OF HEALTH IN CERTAIN COUNTIES (250,000 - 400,000). Code Section 31-3-2 Amended. No. 936 (House Bill No. 1616). AN ACT To amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition and terms of members of county boards of health, so as to provide an additional member of county boards of health in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition and terms of members of county boards of health, is amended by adding at the end of said Code section a new section (c) to read as follows: (c) In each county having a population of not less than 250,000 and not more than 400,000 according to the United States decennial census of 1980 or any future such census, the superintendent of the largest municipal school system in the county shall serve in an ex officio capacity as an additional member of the county board of health. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982.

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HOUSING AUTHORITIES LAW AMENDED ADDITIONAL MEMBERS IN CERTAIN CITIES (10,800 - 11,200). No. 944 (House Bill No. 1445). AN ACT To amend an Act amending the Housing Authorites Law and providing additional members for a housing authority in each city of this 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, approved April 11, 1979 (Ga. L. 1979, p. 513), so as to change such population brackets as a result of the 1980 census; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act amending the Housing Authorities Law and providing additional members for a housing authority in each city of this 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, approved April 11, 1979 (Ga. L. 1979, p. 513), is amended by striking from Section 1 of said amendatory Act the following: 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.,

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and inserting in lieu thereof the following: 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 10,400 and not more than 10,580, according to the United States Decennial Census of 1980 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. Part 2 Section 2. Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to appointment, qualifications, and tenure of housing authority commissioners, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) When the governing body of a city adopts a resolution as provided in Code Section 8-3-5, it shall promptly notify notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint five persons as commissioners of the authority created for such city. In the event the mayor fails or refuses to submit appointments within 30 days after notice from the governing body of approval of a resolution of necessity or termination of existing appointments, the governing body may appoint the commissioners of the authority created for said city. (2) In addition to the five commissioners otherwise provided for in paragraph (1) of this subsection, the authority in each city of the state having a population of not less than 10,400 and not more than 10,580 according to the United States decennial census of 1980 or any future such census shall include an additional two members who shall be subject to the provisions of paragraph (1) of this subsection in the same manner as the five commissioners otherwise provided for. 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

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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. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. WHITFIELD COUNTY JUDGE OF SUPERIOR COURT TO SIT AS JUDGE OF JUVENIEL COURT. No. 947 (House Bill No. 1455). AN ACT To provide for a judge of the Superior Court of Whitfield County to sit as the judge of the Juvenile Court of Whitfield County and hear juvenile cases; to provide for the expiration of the term of office of the judge of the Juvenile Court of Whitfield County who was appointed by the judges of the superior court of said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Pursuant to subsection (c) of Code Section 24A-201, on and after January 1, 1983, a judge of the Superior Court of Whitfield County shall sit as the judge of the Juvenile Court of Whitfield County and hear all cases coming within the provisions of the Juvenile Court Code of Georgia. Section 2. (a) The judge of the Juvenile Court of Whitfield County serving on the effective date of this Act shall be authorized to serve through December 31, 1982. (b) The term of office of the judge of the Juvenile Court of Whitfield County serving on the effective date of this Act, who was appointed by the judges of the Superior Court of Whitfield County, shall expire on December 31, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1982 session of the General Assembly of Georgia a bill to provide for a judge of the Superior Court of Whitfield County to sit as the Judge of the Juvenile Court of Whitfield County and hear juvenile cases; to provide for the expiration of the term of office of the judge of the Juvenile Court of Whitfield County who was appointed by the judges of the Superior Court of said county; to repeal conflicting laws; and for other purposes. This 6 day of Jan., 1982. /s/ Tom Ramsey State Representative, District 3

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey who, on oath, deposes and says that he/she is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen News which is the official organ of Whitfield County, on the following dates: Jan. 15, 22, 29, 1982. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 8th day of Feb., 1982. /s/ Donna M. McLarin Notary Public, Georgia State at Large. My Commission Expires Nov. 4, 1985. (Seal). Approved April 12, 1982. SALE OF ALCOHOLIC BEVERAGES IN CLUBS IN CERTAIN COUNTIES (32,500 - 32,800). Code Sections 5A-6121, 3-7-43 Amended. No. 949 (House Bill No. 1483). AN ACT To amend Code Section 5A-6121, relating to alcoholic beverage sales in private clubs in counties having a population of not less than

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32,500 or more than 32,800 according to the census, so as to change the population brackets and census reference; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 5A-6121, relating to alcoholic beverage sales in private clubs in counties having a population of not less than 32,500 or more than 32,800 according to the census, is amended by striking subsection (b) thereof and inserting in its place a new subsection (b) to read as follows: (b) The governing authority of each county having a population of not less than 36,800 or more than 36,990, according to the census, in which the sale of alcoholic beverages is lawful, and the governing authority of each municipality in which the sale of alcoholic beverages is lawful in each such county, may issue, through proper resolution or ordinance, alcoholic beverage licenses to bona fide private clubs. Part 2 Section 2. Code Section 3-7-43 of the Official Code of Georgia Annotated, relating to alcoholic beverage sales in private clubs having a population of not less than 32,500 nor more than 32,800 according to the census, is amended by striking subsection (b) thereof and inserting in its place a new subsection (b) to read as follows: (b) The governing authority of each county having a population of not less than 36,800 nor more than 36,990 according to the United States decennial census of 1980 or any future such census, in which the sale of alcoholic beverages is lawful and the governing authority of each municipality in which the sale of alcoholic beverages is lawful in each such county may issue, through proper resolution or ordinance, alcoholic beverage licenses to bona fide private clubs.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. ELECTIONS COMPENSATION OF POLL OFFICERS IN CERTAIN COUNTIES (200,000 OR MORE). Code Sections 34-508, 21-2-98 Amended. No. 957 (House Bill No. 1532). AN ACT To amend Code Section 34-508, relating to the compensation of poll officers, so as to provide minimum compensation for poll officers in all counties of this state having a population of 200,000 or more according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 34-508, relating to the compensation of poll officers, is amended by designating the present language of said

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Code section as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) Notwithstanding the provisions of subsection (a) of this Code Section, in all counties of this state having a population of 200,000 or more according to the United States decennial census of 1980 or any future such census, the minimum compensation for the chief manager shall be $60.00 per diem; the minimum compensation for each assistant manager shall be $50.00 per diem; and the minimum compensation for each clerk shall be $42.00 per diem. Part 2 Section 2. Code Section 21-2-98 of the Official Code of Georgia Annotated, relating to the compensation of poll officers, is amended by designating the present language of said Code section as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) Notwithstanding the provisions of subsection (a) of this Code section, in all counties of this state having a population of 200,000 or more according to the United States decennial census of 1980 or any future such census, the minimum compensation for the chief manager shall be $60.00 per diem; the minimum compensation for each assistant manager shall be $50.00 per diem; and the minimum compensation for each clerk shall be $42.00 per diem. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. EDUCATION SECURITY PERSONNEL IN CERTAIN COUNTIES (210,000 - 450,000). Code Sections 32-913, 20-8-5 Enacted. No. 959 (House Bill No. 1538). AN ACT To amend Code Chapter 32-9, relating to county boards of education, as amended, so as to provide that, in each county of this state having a population of not less than 210,000 nor more than 450,000 according to the United States decennial census of 1980 or any future such census, school security personnel employed by the county board of education for the various county schools who meet certain requirements shall have the same law enforcement powers on school property as law enforcement officers of the county; to provide for certification of security personnel; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. Code Chapter 32-9, relating to county boards of education, as amended, is amended by adding between Code Sections 32-912 and 32-914 a new Code section, to be designated Code Section 32-913, to read as follows:

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32-913. Law enforcement powers. (a) In each county of this state having a population of not less than 210,000 nor more than 450,000 according to the United States decennial census of 1980 or any future such census, school security personnel employed by the county board of education for the various county schools who are certified pursuant to subsection (b) and who are authorized by the county board of education shall have the same law enforcement powers on school property, including the power of arrest, as law enforcement officers of the county. (b) As a condition precedent to the exercise of law enforcement powers pursuant to subsection (a) of this Code section, school security personnel 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,' approved March 10, 1970 (Ga. L. 1970, p. 208), as amended. The certification by the Georgia Peace Officer Standards and Training Council of school security personnel does not require that such security personnel exercise the powers provided in subsection (a) of this Code section. (c) The provisions of this Code section shall not prohibit a county board of education from employing school security personnel without law enforcement powers. (d) The provisions of this Code section shall not be construed to permit or require school security personnel to carry a firearm or weapon for the purpose of carrying out law enforcement duties. Part 2 Section 2. Chapter 8 of Title 20 of the Official Code of Georgia Annotated, relating to campus policemen, is amended by adding immediately following Code Section 20-8-4 a new Code section, to be designated Code Section 20-8-5, to read as follows: 20-8-5. (a) In each county of this state having a population of not less than 210,000 nor more than 450,000 according to the United States decennial census of 1980 or any future such census, school security personnel employed by the county board of education for the various county schools who are certified pursuant to subsection (b) and who are authorized by the county board of education shall have

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the same law enforcement powers on school property, including the power of arrest, as law enforcement officers of the county. (b) As a condition precedent to the exercise of law enforcement powers pursuant to subsection (a) of this Code section, school security personnel 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 Article 2 of Chapter 2 of Title 35. The certification of school security personnel by the Georgia Peace Officer Standards and Training Council does not require that such security personnel exercise the powers provided in subsection (a) of this Code section. (c) The provisions of this Code section shall not prohibit a county board of education from employing school security personnel without law enforcement powers. (d) The provisions of this Code section shall not be construed to permit or require school security personnel to carry a firearm or weapon for the purpose of carrying out law enforcement duties. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982.

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STATE COURTS TERMS IN CERTAIN COUNTIES (350,000 - 500,000). Code Section 15-7-9 Amended. No. 968 (House Bill No. 1899). AN ACT To amend an Act providing for the organization, jurisdiction, venue, practice and procedure of state courts, approved March 24, 1970 (Ga. L. 1970, p. 679), as amended, so as to provide for the terms of the state court of each county of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act providing for the organization, jurisdiction, venue, practice and procedure of state courts, approved March 24, 1970 (Ga. L. 1970, p. 679), as amended, is amended by adding at the end of Section 4 a new paragraph to read as follows: In each year there shall be held four terms of the state court of each county of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1980 or any future such census. Such terms shall be held as follows: The first term shall convene annually on the first Monday in January; the second term shall convene annually on the first Monday in April; the third term shall convene annually on the first Monday in July; and the fourth term shall convene annually on the first Monday in October. Part 2 Section 2. Code Section 15-7-9 of the Official Code of Georgia Annotated, relating to when state courts are open and trial sessions, is amended by designating the present language of said Code section as

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subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) In each year there shall be held four terms of the state court of each county of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1980 or any future such census. Such terms shall be held as follows: The first term shall convene annually on the first Monday in January; the second term shall convene annually on the first Monday in April; the third term shall convene annually on the first Monday in July; and the fourth term shall convene annually on the first Monday in October. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982.

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LAW LIBRARIES FOR CERTAIN COUNTIES (26,200 - 27,000). Code Section 36-15-9 Enacted. No. 1007 (House Bill No. 1595). AN ACT To provide that in each county of this state having a population of not less than 26,200 nor more than 27,000 according to the United States decennial census of 1980 or any future such census the maximum court costs for the county law library fund which may be charged and collected in each action or case shall be $5.00; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. Notwithstanding any other provisions of law, in each county of this state having a population of not less than 26,200 nor more than 27,000 according to the United States decennial census of 1980 or any future such census, the maximum court costs for the county law library fund which may be charged and collected in each action or case in such county shall be $5.00. Part 2 Section 2. Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of additional costs in court cases for purchasing law books, is amended by adding immediately following subsection (b) a new subsection, to be designated subsection (c), to read as follows: (c) Notwithstanding any other provisions of law, in each county of this state having a population of not less than 26,200 nor more than 27,000 according to the United States decennial census of 1980 or any future such census, the maximum court costs for the county law library fund which may be charged and collected in each action or case in such county shall be $5.00.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. SALE OF ALCOHOLIC BEVERAGES ON SUNDAYS AND ELECTION DAYS IN CERTAIN COUNTIES (170,000 - 195,000) (170,000 - 275,000). Code Sections 5A-507, 3-3-7 Amended. No. 1019 (House Bill No. 1749). AN ACT To amend Code Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, so as to change the population requirements relating to such sales in counties having a population of not less than 170,000 and not more than 195,000 according to the United States decennial census of 1970 or any future such census; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide specific repeal; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, is amended by striking subsection (f) in its entirety and substituting in lieu thereof a new subsection (f) to read as follows: (f) In all counties having a population of not less than 170,000 and not more than 275,000, according to the United States decennial census of 1980 or any future such census, in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize sales of alcoholic beverages for consumption on the premises: (1) At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays. (2) In eating establishments 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 12:00 Midnight. For the purposes of this paragraph, `eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 per cent. of its total annual gross food and beverage sales from the sale of prepared meals or food. Part 2 Section 2. Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sunday, is amended by striking subsection (e) in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) In all counties having a population of not less than 170,000 nor more than 275,000 according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises:

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(1) At any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays; and (2) In eating establishments 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 12:00 Midnight. As used in this paragraph, the term `eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. PIEDMONT JUDICIAL CIRCUIT COMPENSATION OF JUDGE OF SUPERIOR COURT. No. 1021 (House Bill No. 1766). AN ACT To authorize the governing authority of Jackson County to provide for supplemental compensation for the judge of the superior

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court in the Piedmont 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: Section 1. (a) The governing authority of Jackson County, which county is within the Piedmont Judicial Circuit, is authorized to supplement the compensation of each superior court judge of the Piedmont Judicial Circuit in an amount to be determined within the discretion of the governing authority. Any such supplement shall be paid in monthly installments from the funds of Jackson County. (b) Any supplement authorized by this Act shall be in addition to the compensation, expenses, and allowances being received by the superior court judge in the Piedmont Judicial Circuit from the State of Georgia or any other source. Any supplement is made and declared to be part of the expenses of the courts, and the power to levy a tax to pay the same or to otherwise provide to pay the same is delegated to the governing authority of said county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. There will be legislation introduced in the 1982 session of the General Assembly of Georgia for the purpose of enabling Jackson County to supplement the salary of the Superior Court Judge of Jackson County for acting as Juvenile Court Judge.

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Henry Robinson Chairman, County Commissioner Jackson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lauren McDonald who, on oath, deposes and says that he/she is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County, on the following dates: Jan. 27, 1982 Feb. 3 10, 1982. /s/ Lauren McDonald Representative, 12th District Sworn to and subscribed before me, this 24th day of Feb., 1982. /s/ Donna M. McLarin Notary Public, Georgia State at Large. My Commission Expires Nov. 4, 1985. (Seal). Approved April 12, 1982.

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LOOKOUT MOUNTAIN JUDICIAL CIRCUIT COURT REPORTER'S SALARY. No. 1028 (House Bill No. 1811). AN ACT To amend an Act providing a salary for the court reporter of the Lookout Mountain Judicial Circuit, approved March 28, 1969 (Ga. L. 1969, p. 207), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 523), so as to change the salary of the 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 court reporter of the Lookout Mountain Judicial Circuit, approved March 28, 1969 (Ga. L. 1969, p. 207), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 523), is amended by striking the first undesignated paragraph of Section 1 and inserting in its place the following: The court reporter of the Lookout Mountain Judicial Circuit shall receive an annual salary of $16,500.00. 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 44 percent of such salary, Dade County shall pay 10 percent of such salary, Chattooga County shall pay 17 percent of such salary, and Catoosa County shall pay 29 percent 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. 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.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1982 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to increase the amount of compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. E. Don Towns, Court Reporter Joe D. Randles, Court Reporter Scottie R. Hood, 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 Walker County Messenger which is the official organ of Walker County, on the following dates: Jan. 13, 20 27, 1982. /s/ Wayne Snow, Jr. Representative, 1st District

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Sworn to and subscribed before me, this 1st day of March, 1982. /s/ Donna M. McLarin Notary Public, Georgia State at Large. My Commission Expires Nov. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1982 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to increase the amount of compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. E. Don Towns, Court Reporter Joe D. Randles, Court Reporter Scottie R. Hood, Court Reporter Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow 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: Jan. 14, 21 28, 1982 Feb. 4, 1982.

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/s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 1st day of March, 1982. /s/ Donna M. McLarin Notary Public, Georgia State at Large. My Commission Expires Nov. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1982 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to increase the amount of compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. E. Don Towns, Court Reporter Joe D. Randles, Court Reporter Scottie R. Hood, 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

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Legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following dates: Jan. 14, 21 28, 1982. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 1st day of March, 1982. /s/ Donna M. McLarin Notary Public, Georgia State at Large. My Commission Expires Nov. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1982 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to increase the amount of compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. E. Don Towns, Court Reporter Joe D. Randles, Court Reporter Scottie R. Hood, Court Reporter

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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: Jan. 13, 20 27, 1982 Feb. 3, 1982. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 1st day of March, 1982. /s/ Donna M. McLarin Notary Public, Georgia State at Large. My Commission Expires Nov. 4, 1985. (Seal). Approved April 12, 1982. FILING OF HOMESTEAD EXEMPTIONS IN CERTAIN COUNTIES (34,000 - 34,500). Code Section 48-5-45 Repealed. No. 1033 (House Bill No. 1876). AN ACT To repeal an Act changing the time of filing of homestead exemption applications in counties having a population of not less than

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34,000 or more than 34,500, approved April 6, 1981 (Ga. L. 1981, p. 528); to amend the Official Code of Georgia Annotated accordingly; to provide for construction with other Acts; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act changing the time of filing of homestead exemption applications in counties having a population of not less than 34,000 or more than 34,500, approved April 6, 1981 (Ga. L. 1981, p. 528), is repealed in its entirety. Part 2 Section 2. Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to homestead exemption applications, is amended by replacing subsection (c), which reads as follows: (c) In all counties having a population of not less than 34,000 nor more than 34,500 according to the United States decennial census of 1970 or any future such census, the written application and schedule required in subsection (a) of this Code section shall be filed on or before March 1 of the year in which exemption from taxation is sought., with the following: (c) Reserved. Part 3 Section 3. In the event of any conflict between this Act and any other Act of the 1982 General Assembly which amends rather than repeals the provisions of law repealed by this Act, the provisions of such other Act shall govern over this Act.

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Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. COMPENSATION OF COUNTY COMMISSIONERS IN CERTAIN COUNTIES (56,400 - 60,000). Code Section 36-5-23 Enacted. No. 1043 (House Bill No. 1893). AN ACT To fix the compensation of the county commissioner of counties having a population of not less than 56,400 and not more than 60,000; to amend the Official Code of Georgia Annotated accordingly; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Notwithstanding any other provision of law, in all counties having a population of not less than 56,400 or more than 60,000 according to the decennial census of 1980 or any future such census, the county commissioner shall receive an annual salary in an amount $500.00 greater than the salary of the sheriff of the county.

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Part 2 Section 2. Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county commissioners, is amended by adding a new Code Section 36-5-23 to read as follows: 36-5-23. Notwithstanding any other provision of law, in all counties having a population of not less than 56,400 or more than 60,000 according to the decennial census of 1980 or any future such census, the county commissioner shall receive an annual salary in an amount $500.00 greater than the salary of the sheriff of the county. Part 3 Section 3. This Act shall become effective only if SB 528 introduced at the 1982 General Assembly becomes law. If such bill does become law, then this Act shall become effective upon the effective date of said SB 528. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. ROME JUDICIAL CIRCUIT GRAND JURY. No. 1047 (House Bill No. 1296). AN ACT To amend an Act approved March 13, 1957 (Ga. L. 1957, p. 629), as amended by an Act approved March 21, 1958 (Ga. L. 1958, p. 182), prescribing the terms of superior court to be held in the Rome Judicial Circuit, so as to provide for the drawing of a grand jury and the length of the terms of said grand jury; 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 approved March 13, 1957 (Ga. L. 1957, p. 629), as amended by an Act approved March 21, 1958 (Ga. L. 1958, p. 182), prescribing the terms of superior court to be held in the Rome Judicial Circuit, is amended by striking Section 2 of said Act, which reads as follows: Section 2. That the judge shall only draw a grand jury for the January, May and September terms, provided that the judge in his discretion may draw and require the attendance of a grand jury at any term of said court, but the duties of the grand jury shall not require them to perform any other service at such terms other than the January, May and September terms than they shall be charged by the presiding judge to attend to at such term., and inserting in its place a new Section 2 to read as follows: Section 2. The judge shall draw a grand jury for the January term of said court, said grand jury so drawn shall serve for the January and March terms of said court; the judge shall draw a grand jury for the May term of said court, said grand jury shall serve for the May and July terms of said court; and the judge shall draw a grand jury for the September term of said court, said grand jury so drawn shall serve for the September and November terms of said court; the duties of said grand jury shall be as prescribed by law. Section 2. This Act shall become effective upon the beginning of the May, 1982, term of the superior court of the Rome Judicial Circuit. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982.

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CHATTAHOOCHEE JUDICIAL CIRCUIT TERMS IN TAYLOR COUNTY. Code Section 15-6-3 Amended. No. 1049 (House Bill No. 1360). AN ACT To change the terms of the Superior Court of Taylor County in the Chattahoochee Judicial Circuit; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. The terms of court of the Superior Court of Taylor County in the Chattahoochee Judicial Circuit shall be the second Mondays in February, June, and October. Part 2 Section 2. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, is amended by striking subparagraph (a)(8)(F) in its entirety and inserting in lieu thereof a new subparagraph (F) to read as follows: (F) Taylor County Second Mondays in February, June, and October. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. PUBLIC REVENUE TIME OF MAKING TAX RETURNS IN CERTAIN COUNTIES (25,100 - 25,400). Code Section 48-5-18 Amended. No. 1053 (House Bill No. 1698). AN ACT To amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to change the time for submitting tax returns in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, is amended by adding a new subsection (j) at the end thereof to read as follows: (j) In all counties having a population of not less than 25,100 nor more than 25,400 according to the United States decennial census of 1980 or any future such census, the local tax officials shall close their books for the return of taxes on March 1 of each year. Section 2. This Act shall become effective on November 1, 1982.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. ALCOVY JUDICIAL CIRCUIT COMPENSATION OF COURT REPORTER. No. 1054 (Senate Bill No. 746). AN ACT To amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, so as to change the salary and expenses of the official court reporter of said circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, is amended by striking Section 2A of said Act in its entirety and inserting in lieu thereof a new Section 2A to read as follows: Section 2A. (a) The judge of said court shall be authorized to employ and engage a full-time court reporter. The court reporter shall receive a salary of eight thousand four hundred dollars ($8,400.00) per annum to be paid in equal installments in the amount of three hundred fifty dollars ($350.00) per month from the funds of Walton County and three hundred fifty dollars ($350.00) per month from the funds of Newton County. The compensation provided herein shall be in lieu of per diem provided by law and for services of reporting cases in said court. (b) The official court reporter shall be paid, in addition to the above-stated compensation, compensation for the preparation of criminal trial transcripts in said court at the rate provided by law, and

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said compensation shall be paid by the governing authority of the county having charge of the disposition of each such criminal case. Copies thereof may be obtained at the rate of sixty cents (60) per page; provided, however, when the copies are requested by any state or county officer, the copy shall be furnished at actual cost of the duplication, and when duplicated by the officer, a copy shall be furnished without expense. (c) The court reporter of such court shall receive the sum of twenty-four hundred dollars ($2,400.00) per annum for office supplies, such sum to be equally divided and paid by the governing authorities of Newton County and Walton County. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1982 session of the General Assembly of Georgia, a bill to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, so as to change the salary and expenses of the official court reporter of said circuit; and for other purposes. This 17 day of February 1982. W. D. Ballard Senator, 45th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard who, on oath, deposes and says that he/she is Senator from the 45th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune which is the official organ of

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Walton County, on the following dates: Feb. 18 25, 1982 March 2, 1982. /s/ W. D. Ballard Senator, 45th District Sworn to and subscribed before me, this 8th day of March, 1982. /s/ Donna M. McLarin Notary Public, Georgia State at Large. My Commission Expires Nov. 4, 1985. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1982 session of the General Assembly of Georgia, a bill to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, so as to change the salary and expenses of the official court reporter of said circuit; and for other purposes. This 9th day of February, 1982. W. D. Ballard Senator, 45th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Ballard who, on oath, deposes and says that he/she is Senator from the 45th District, and that the

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attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following dates: Feb. 18 21, 1982 March 4, 1982. /s/ W. D. Ballard Senator, 45th District Sworn to and subscribed before me, this 8th day of March, 1982. /s/ Donna M. McLarin Notary Public, Georgia State at Large. My Commission Expires Nov. 4, 1985. (Seal). Approved April 12, 1982. SPECIAL PURPOSE GRAND JURIES IN CERTAIN COUNTIES (70,000 OR MORE). Code Sections 59-601A, 15-12-102 Amended. No. 1067 (House Bill No. 1158). AN ACT To amend Code Chapter 59-6A, relating to special purpose grand juries for certain counties, as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 982), so as to provide that said Code chapter shall apply within certain consolidated city-county governments; to amend Part 2 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to special purpose grand juries, so as to

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provide therein for the same changes described above; to provide effective dates; to provide for specific repeal on a certain date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 59-6A, relating to special purpose grand juries for certain counties, as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 982), is amended by striking Code Section 59-601A, relating to applicability and construction, in its entirety and substituting in lieu thereof a new Code Section 59-601A to read as follows: 59-601A. Applicability and Construction. The provisions of this Code Chapter shall apply only to grand juries of counties and consolidated city-county governments of this State having a population of 70,000 or more according to the United States Decennial Census of 1970 or any future such census. Except as otherwise provided by this Code Chapter, the provisions of law relative to grand juries shall apply to the grand juries provided for by this Code Chapter. Part 2 Section 2. Part 2 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to special purpose grand juries, is amended by striking Code Section 15-12-102, relating to applicability, in its entirety and substituting in lieu thereof a new Code Section 15-12-102 to read as follows: 15-12-102. This part shall apply only to grand juries of counties and consolidated city-county governments of this state having a population of 70,000 or more according to the United States decennial census of 1970 or any future such census. Except as otherwise provided by this part, the law relative to grand juries shall apply to the grand juries provided for by this part. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1982. VACANCIES IN OFFICE OF TAX COMMISSIONER IN CERTAIN COUNTIES (160,000 - 169,000). Code Section 48-5-100.1 Enacted. No. 1068 (House Bill No. 1168). AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for the filling of vacancies in the office of tax commissioner in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census; to provide for terms; to provide for elections; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by adding between Code Sections 48-5-100 and 48-5-101 in Article 3 a new Code section, to be designated Code Section 48-5-100.1, to read as follows:

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48-5-100.1. Notwithstanding any other provisions of law, in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census, upon the death, resignation, incapacity, or inability of the tax commissioner of any such county to serve, the chief clerk of such tax commissioner shall assume the duties of the office. Such chief clerk shall serve until such time as the incapacity or inability of the tax commissioner is removed or until the next succeeding general election, whichever occurs first. The chief clerk shall receive no additional compensation for performing the duties of the tax commissioner except in cases involving the death or resignation of the tax commissioner, in which case the chief clerk shall receive the same compensation, paid in the same manner, as the tax commissioner would have received. Unless the incapacity or inability of the tax commissioner is removed prior to the next succeeding general election, a duly qualified person shall be elected as tax commissioner; and such person so elected shall serve for the remainder of the unexpired term of office. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. VACANCIES IN OFFICE OF JUDGE OF PROBATE COURT IN CERTAIN COUNTIES (160,000 - 169,000). Code Section 15-9-11.1 Enacted. No. 1069 (House Bill No. 1169). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the filling of vacancies in the

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offices of judge of the probate court and sheriff in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census; to provide for successors; to provide for terms; to provide for elections; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding between Code Sections 15-9-11 and 15-9-12 a new Code section, to be designated Code Section 15-9-11.1, to read as follows: 15-9-11.1. Notwithstanding the provisions of Code Sections 15-9-10 and 15-9-11, in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980 or any future such census, upon the death, resignation, incapacity, or inability of the judge of the probate court of any such county to serve, the chief clerk of such judge shall assume the duties of the office. Such chief clerk shall serve until such time as the incapacity or inability of such judge is removed or until the next succeeding general election, whichever occurs first. The chief clerk shall receive no additional compensation for performing the duties of such judge except in cases involving the death or resignation of such judge, in which case the chief clerk shall receive the same compensation, paid in the same manner, as such judge would have received. Unless the incapacity or inability of such judge is removed prior to the next succeeding general election, a duly qualified person shall be elected as judge; and such person so elected shall serve for the remainder of the unexpired term of office. Section 2. Said title is further amended by adding at the end of Code Section 15-16-8, relating to vacancies in the office of sheriff, a new subsection (c) to read as follows: (c) Notwithstanding any other provisions of law, in all counties of this state having a population of not less than 160,000 and not more than 169,000 according to the United States decennial census of 1980

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or any future such census, upon the death, resignation, incapacity, or inability of the sheriff of any such county to serve, the chief deputy of such sheriff shall assume the duties of the office. Such chief deputy shall serve until such time as the incapacity or inability of the sheriff is removed or until the next succeeding general election, whichever occurs first. The chief deputy shall receive no additional compensation for performing the duties of the sheriff except in cases involving the death or resignation of the sheriff, in which case the chief deputy shall receive the same compensation, paid in the same manner, as the sheriff would have received. Unless the incapacity or inability of the sheriff is removed prior to the next succeeding general election, a duly qualified person shall be elected as sheriff; and such person so elected shall serve for the remainder of the unexpired term of office. Section 3. This Act shall become effective November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. SOUTHWESTERN JUDICIAL CIRCUIT TERMS IN SUMTER COUNTY. Code Section 15-6-3 Amended. No. 1072 (House Bill No. 1181). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the terms of court for Sumter County in the Southwestern Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, is amended by striking subparagraph (E) of paragraph (36) of subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subparagraph (E) to read as follows: (E) Sumter County Fourth Monday in February, May, and August and the Monday following the fourth Thursday in November. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. DUBLIN JUDICIAL CIRCUIT GRAND JURIES. No. 1075 (House Bill No. 1197). AN ACT To amend an Act creating the Dublin Judicial Circuit, approved August 18, 1911 (Ga. L. 1911, p. 81), as amended, particularly by an Act approved August 16, 1912 (Ga. L. 1912, p. 101), an Act approved March 13, 1957 (Ga. L. 1957, p. 484), and an Act approved March 17, 1958 (Ga. L. 1958, p. 125), so as to provide that certain grand juries of counties in that circuit may serve and be convened for a second consecutive term of court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating the Dublin Judicial Circuit, approved August 18, 1911 (Ga. L. 1911, p. 81), as amended, particularly by an Act approved August 16, 1912 (Ga. L. 1912, p. 101), an Act approved March 13, 1957 (Ga. L. 1957, p. 484), and an Act approved March 17, 1958 (Ga. L. 1958, p. 125), is amended by striking from Section 6 thereof the following: Provided, however, that the grand juries of the counties of this circuit shall not be convened except for the Spring and Fall terms of the Court, unless in the discretion of the presiding Judge it shall be deemed expedient to call a special session of the grand jury at some other term., and inserting in its place the following: Notwithstanding any other provisions of law to the contrary, the grand jury of any county of the Dublin Judicial Circuit may, at the discretion of the senior judge of that circuit, serve and be convened for a second consecutive term of the superior court of that county if the two terms during which that grand jury served do not exceed six months. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. JURY CLERKS IN CERTAIN COUNTIES (175,000 - 185,000). Code Sections 59-104, 15-12-23 Amended. No. 1077 (House Bill No. 1229). AN ACT To amend Code Section 59-104, relating to the clerk of the board of jury commissioners, so as to provide in certain counties of the state

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that the chief judge of the superior court of said counties shall be authorized and empowered to appoint a jury clerk and such other necessary personnel; to provide for the duties of such clerk and personnel; to provide for their salaries and expense; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 59-104, relating to the clerk of the board of jury commissioners, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 59-104 to read as follows: 59-104. (a) Except as provided in subsection (b), the clerk of the superior court shall be the clerk of the board of commissioners and shall perform all the clerical duties required by law. Before entering upon the performance of his duties as clerk of the board, he shall take an oath before the judge of the probate court to discharge faithfully his duties as required by law and never to divulge any of the proceedings and deliberations of the jury commissioners unless compelled to testify thereof in some court in this state. (b) (1) In all counties of this state having a population of not less than 175,000 and not more than 185,000 according to the United States decennial census for 1980 or any such future census, the chief judge of the superior court of such counties shall have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court, and the appointments to these positions and the compensation therefor shall be determined by said judge without regard to any other system or rules, said personnel to serve at the pleasure of said judge, and the salaries and expenses thereof, and any attendant expense of administration of the courts are determined to be contingent expense of court, and shall be paid as provided by law for the payment of contingent expenses. The duties of said personnel shall be as prescribed by said judge.

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(2) All prospective jurors in such counties shall be required to answer questionnaires as may be determined and submitted by said chief judge of such counties concerning their qualifications as jurors. (3) In the event any such person fails or refuses to answer such questionnaire, the aforesaid jury clerk shall report such failure or refusal to the court, together with the facts concerning the same, and the court shall have such jurisdiction as is now provided by law for subpoena, attachment, and contempt powers. (4) This subsection shall be in addition and supplemental to other provisions provided by law with a view toward efficient and orderly handling of jury selection and the administration of justice. Part 2 Section 2. Code Section 15-12-23 of the Official Code of Georgia Annotated, relating to the clerk of the board of jury commissioners, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 15-12-23 to read as follows: 15-12-23. (a) Except as provided in subsection (b), the clerk of the superior court shall be the clerk of the board of commissioners and shall perform all the clerical duties required by law. Before entering upon the performance of his duties as clerk of the board, he shall take an oath before the judge of the probate court to discharge faithfully his duties as required by law and never to divulge any of the proceedings and deliberations of the jury commissioners unless compelled to testify thereof in some court in this state. (b) (1) In all counties of this state having a population of not less than 175,000 and not more than 185,000 according to the United States decennial census for 1980 or any such future census, the chief judge of the superior court of such counties shall have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court, and the appointments to these positions and the compensation therefor shall be determined by said judge without regard to any other system or rules, said personnel to serve at the pleasure of said judge, and the salaries and expenses thereof, and any attendant expense of administration of the courts are determined to be

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contingent expense of court, and shall be paid as provided by law for the payment of contingent expenses. The duties of said personnel shall be as prescribed by said judge. (2) All prospective jurors in such counties shall be required to answer questionnaires as may be determined and submitted by said chief judge of such counties concerning their qualifications as jurors. (3) In the event any such person fails or refuses to answer such questionnaire, the aforesaid jury clerk shall report such failure or refusal to the court, together with the facts concerning the same, and the court shall have such jurisdiction as is now provided by law for subpoena, attachment, and contempt powers. (4) This subsection shall be in addition and supplemental to other provisions provided by law, with a view toward efficient and orderly handling of jury selection and the administration of justice. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982.

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PROBATE COURT FEES IN CERTAIN COUNTIES (25,400 - 25,900). Code Sections 24.1716.2, 15-9-60(e) Enacted. No. 1080 (House Bill No. 1246). AN ACT To amend Code Chapter 24-17, relating to powers, election, qualification, and fees of judges of the probate courts, as amended, so as to provide that in all counties of this state having a population of not less than 25,400 nor more than 25,900 according to the United States decennial census of 1980 or any future such census the fees of the judges of the probate courts shall be of a different and certain sum; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. Code Chapter 24-17, relating to powers, election, qualification, and fees of judges of the probate courts, as amended, is amended by adding between Code Sections 24-1716.1 and 24-1717 a new Code section, to be designated Code Section 24-1716.2, to read as follows: 24-1716.2. Probate court costs in certain counties. In all counties of this state having a population of not less than 25,400 nor more than 25,900 according to the United States decennial census of 1980 or any future such census, the judges of the probate courts are entitled to the following court costs for specific services: (1) Temporary letters of administration: Receiving applications; docketing and filing applications; services in determining necessity for temporary administration and entitlement of petitioner or other nominee thereto; order appointing bond, taking, approving and filing; issuing oath; and issuing letters; excluding recording cost $ 58.00 (2) Permanent letters of administration: Receiving applications; docketing and filing applications; granting and issuing citation and copy for legal gazette; services in determining statutory compliance in publication of citation, residence and intestacy of deceased, necessity for administration, and entitlement of petitioner or other nominee thereto; order of appointment; bond, taking, approving, and filing; issuing oath; and issuing letters; excluding recording cost 65.00 (3) Cost of probating wills in common form: Receiving and filing will; receiving application; docketing and filing application; hearing evidence on probate and determining issue of devisavit vel non; order of probate and appointing executor; and issuing letters; excluding recording cost 46.00 (4) Cost of probating wills in solemn form: Filing will for purpose of probating `in solemn form'; receiving application; docketing and filing application; order for service, including all citations issued in connection therewith; hearing evidence upon the probate and determining issue of devisavit vel non; order of probate and appointing executor (or order denying same); oath of executor; and issuing letters; excluding recording cost 58.00 (5) Guardian ad litem (in probate of wills in solemn form and in all other proceedings where such is necessary): Services in determining necessity for the appointment of guardian ad litem; receiving and examining answer of guardian ad litem; and copy of service; excluding recording cost 20.00 (6) Letters of guardianship of minors (includes temporary and permanent guardianships of the person or property): Receiving application; docketing and filing application and issuing all necessary citations, if any; services in determining necessity therefor and entitlement of petitioner or other nominee thereto; order appointing guardian; bond, taking, approving, and filing (person or property); issuing oath; and issuing letters; excluding recording cost 50.00 (7) Year's support: All service of the probate court (except sheriff services and advertising), excluding recording cost 56.50 Recording certificate in superior court shall be $3.00 for the first page and $2.00 for each additional page. (8) Conveying or encumbering a year's support: Whole service, excluding recording cost 39.00 (9) Division in kind: Receiving application; docketing and filing application; order appointing freeholders; commission to freeholders; and recording plat (see clerk's fees); excluding recording cost 34.50 (10) Compromise claim: Receiving application; docketing and filing application; services in hearing evidence for determination of the matter; and final order; excluding recording cost 19.00 (11) ReturnsAnnual and final: Receiving return; filing, docketing, and examining annual and final returns of executors, administrators, guardians, and trustees; oath; and order admitting, return to record: Of all estates worth not more than $5,000.00, excluding recording cost 28.00 Of all estates worth more than $5,000.00, excluding recording cost 36.00 (12) Dismission of administrator, executor, or guardian: Receiving application; docketing and filing application; granting citation; services in determining statutory compliance in publication of citation and entitlement of applicant to dismission; and issuing letters; excluding recording cost 56.50 (13) Habeas corpus: Receiving application; docketing and filing application; issuance of writ; and filing answer of respondent; excluding recording cost 51.50 (14) Order of title: Receiving application; docketing and filing application; granting citation; hearing evidence and determining matter; and order; excluding recording cost 15.00 (15) Establishment of lost papers: Receiving application; docketing and filing application; granting citation or notice; and order; excluding recording cost 15.00 (16) Constitutional homesteads: For the whole service in setting apart of homestead of realty and personalty when not litigated 15.00 Where objections or demurrer is filed and heard, in addition to the proceedings 5.00 Surveyor, actual charge made (not included in fee base) (17) Statutory homestead (pursuant to Code Section 51-1301): For whole services in setting apart short homestead exemption 15.00 (18) Nonwaiverable homestead exemption (pursuant to Code Section 51-1103): Short homestead, $300.00 limit 4.00 (19) Mental illness (petition to determine the issue of hospitalization under Code Section 88-506.4): For whole service in connection with each mental illness case 40.00 For services when petition filed but subsequently withdrawn or dismissed before hearing 20.00 (20) Letters of guardianship for mentally ill, mentally retarded, or mentally incompetent: For whole service, including hearing ($40.00) and appointment of guardianship ($28.50) 68.50 (21) Inventory and appraisement: Whole service for inventory, excluding recording cost 7.50 Whole service for appraisement, excluding recording cost 7.50 (22) Sale of realty, personalty, or perishable property under administration or guardianship: Sale of perishable personalty, excluding recording cost 40.00 (23) Leave of sale of realty and nonperishable personalty: Public sale 37.00 Private sale 51.50 (24) Sale bill: Whole service for same, excluding recording cost 3.00 (25) No administration: Receiving application; filing and docketing same; granting and issuing citation and copy for legal gazette; service in determining statutory compliance in publication of citation, intestacy of decedent, his heirs and being sui juris, property of decedent, no debts, and agreement to amicably divide estate, etc.; and issuing order of `No Administration Necessary'; excluding recording cost 44.00 (26) Petition for attorney's fee: Receiving application; filing and docketing the same; services in hearing and determining allegations of applications; and order; excluding recording cost 25.00 (27) Public safety patrol trial: Holding trial 6.50 Receiving written application for warrant 3.50 (28) Petition for change of birth certificate: Whole service for same 25.00

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(b) The judges of the probate courts are entitled to the following court costs for general services: (1) Recording, per page $ 1.50 (2) All pleadings, amendments, motions, etc., excluding recording cost, per page 2.50 (3) Photostatic copies (for use as plain copies or as parts of cert. copies), per page .25 (4) All contested hearings (uncontested hearings included in base fee), per day 20.00 (5) All contested hearings (uncontested hearings included in base fee), per one-half day or less 10.00 (6) Exemplified copies, base fee 3.00 Cost per page .25 (c) The judges of the probate courts are entitled to the following court costs for miscellaneous services: (1) Applicant to pay all publications costs of citations, notices, etc., at the usual legal rate, in all manner when such required. For receiving any application, petition, or case where no costs are prescribed $ 8.00 (2) For every case litigated before the judge of the probate court where no costs are prescribed, per day 20.00 (3) For every case litigated before the judge of the probate court where no costs are prescribed, per one-half day minimum charge 10.00 (4) For filing and docketing any application, petition, or case where no costs are prescribed 8.00 (5) For every order passed where no costs are prescribed (provided that no fee shall be charged for drawing checks, orders, drafts, or warrants on the county treasury or county depository 1.00 (6) For each affidavit where no case is pending before the judge of the probate court .50 (7) For issuing process against a person for not making return 10.00 (8) For rule nisi 10.00 (9) For each subpoena .50 (10) For hearing election contests, to be taxed as cost per day 20.00 (11) For certificate of residency 3.50 (12) For recording marks and brands 5.00 (13) For bond when necessary 4.00 (14) For recording vouchers .25 (15) Base fee for entering an appeal and transmitting the proceeding to superior court 5.00 Cost per page of document 1.50 (Provided, however, that where a transcript of the evidence and proceedings is filed with the court and does not require recopying, the court shall not receive $1.50 per page for the transcript of evidence.) (16) For filing and recording an official bond of county officers (to be paid by county) 3.00 (17) For taking and recording oath of county officer (to be paid by county) 5.00 (18) For each fi. fa. issued by the clerk of the probate court 3.00 (19) For seal and certificate 3.00 (20) Disabled veterans, certificate of eligibility, filing fee 3.00 (21) For every explosive permit 20.00 (22) For every peddler's license 3.00 (23) For certified copy of letters of administration, letters testamentary, or guardianship, including seal and certificate 3.00 (24) For services in making settlement of accounts of executors, administrators, and guardians (when contested) 20.00 (25) For registration of corporation, business profession, or commodity subject to special tax, each 1.00 (26) For every pistol license issued 20.00 (27) For preparing all papers, appointing managers, consolidating returns in general and special election, each ballot box 30.00 (28) For petition for removal or accounting by any fiduciary (whole service does not include costs of certified or registered mail, sheriff's service or advertising; base cost does not include a certified copy) 25.00 (29) For examining book and giving extract or fact that information sought is not therein 1.50 (30) For safekeeping a will 5.00 (31) For petition to encroach if amount of encroachment is $500.00 or less 15.00 (32) For petition to encroach over $500.00 30.00 (33) For granting letters of administration CTA, DBN, or DBN-CTA, whole service 40.00 (34) For granting letters to successor executor 51.50 (35) For petition to determine heirs 54.50 (36) For petition to enter safe-deposit box 10.00 (37) For receiving marriage application, issuing marriage license, and recording (whole service) 10.00 (38) For petition to accept funds for custody of minors, incompetents, and missing heirs (percentage of funds deposited) 5% (39) For every service required and performed where no fees are specified, the same fees allowed the clerks of the superior courts for similar services for a like amount of labor shall be allowed.

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(d) The judges of the probate courts are entitled to an advance [Illegible Text] of $30.00 for deposit to be made before filing any proceeding, [Illegible Text] required in accordance with Code Section 24-1716.1. Part 2 Section 2. Chapter 9 of Title 15 of the Official Code of Georgia [Illegible Text], relating to probate courts, is amended by adding at the [Illegible Text] of Code Section 15-9-60 a new subsection, to be designated [Illegible Text] (e), to read as follows: (e) Notwithstanding the provisions of subsection (a) of this [Illegible Text] section, in all counties of this state having a population of not [Illegible Text] than 25,400 nor more than 25,900 according to the United States

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decennial census of 1980 or any future such census, the judges of the probate courts are entitled to the following court costs: (1) For specific services: (A) Temporary letters of administration: Receiving applications; docketing and filing applications; services in determining necessity for temporary administration and entitlement of petitioner or other nominee thereto; order appointing bond, taking, approving, and filing; issuing oath; and issuing letters; excluding recording cost $ 58.00 (B) Permanent letters of administration: Receiving applications; docketing and filing applications; granting and issuing citation and copy for legal gazette; services in determining statutory compliance in publication of citation, residence and intestacy of deceased, necessity for administration, and entitlement of petitioner or other nominee thereto; order of appointment; bond, taking, approving, and filing; issuing oath; and issuing letters; excluding recording cost 65.00 (C) Cost of probating wills in common form: Receiving and filing will; receiving application; docketing and filing application; hearing evidence on probate and determining issue of devisavit vel non; order of probate and appointing executor; and issuing letters; excluding recording cost 46.00 (D) Cost of probating wills in solemn form: Filing will for purpose of probating `in solemn form'; receiving application; docketing and filing application; order for service, including all citations issued in connection therewith; hearing evidence upon the probate and determining issue of devisavit vel non; order of probate and appointing executor (or order denying same); oath of executor; and issuing letters; excluding recording cost 58.00 (E) Guardian ad litem (in probate of wills in solemn form and in all other proceedings where such is necessary): Services in determining necessity for the appointment of guardian ad litem; receiving and examining answer of guardian ad litem; and copy of service; excluding recording cost 20.00 (F) Letters of guardianship of minors (includes temporary and permanent guardianships of the person or property): Receiving application; docketing and filing application and issuing all necessary citations, if any; services in determining necessity therefor and entitlement of petitioner or other nominee thereto; order appointing guardian; bond, taking, approving, and filing (person or property); issuing oath; and issuing letters; excluding recording cost 50.00 (G) Year's support: All service of the probate court (except sheriff services and advertising), excluding recording cost 56.50 Recording certificate in superior court shall be $3.00 for the first page and $2.00 for each additional page. (H) Conveying or encumbering a year's support: Whole service, excluding recording cost 39.00 (I) Division in kind: Receiving application; docketing and filing application; order appointing freeholders; commission to freeholders; and recording plat (see clerk's fees); excluding recording cost 34.50 (J) Compromise claim: Receiving application; docketing and filing application; services in hearing evidence for determination of the matter; and final order; excluding recording cost 19.00 (K) ReturnsAnnual and final: Receiving return; filing; docketing, and examining annual and final returns of executors, administrators, trustees, and guardians; oath; and order admitting, return to record: Of all estates worth not more than $5,000.00, excluding recording cost 28.00 Of all estates worth more than $5,000.00, excluding recording cost 36.00 (L) Dismission of administrator, executor, or guardian: Receiving application; docketing and filing application; granting citation; services in determining statutory compliance in publication of citation and entitlement of applicant to dismission and issuing letters; excluding recording cost 56.50 (M) Habeas corpus: Receiving application; docketing and filing application; issuance of writ; and filing answer of respondent; excluding recording cost 51.50 (N) Order of title: Receiving application; docketing and filing application; granting citation; hearing evidence and determining matter; and order; excluding recording cost 15.00 (O) Establishment of lost papers: Receiving application; docketing and filing application; granting citation or notice; and order; excluding recording cost 15.00 (P) Constitutional homesteads: For the whole service in setting apart of homestead of realty and personalty when not litigated 15.00 Where objections or demurrer is filed and heard, in addition to the proceedings 5.00 Surveyor, actual charge made (not included in fee base) (Q) Statutory homestead (pursuant to Code Section 44-13-100): For whole services in setting apart short homestead exemption 15.00 (R) Nonwaiverable homestead exemption (pursuant to Code Section 44-13-42): Short homestead, $300.00 limit 4.00 (S) Mental illness (petition to determine the issue of hospitalization under Chapter 3 of Title 37): For whole service in connection with each mental illness case 40.00 For services when petition filed but subsequently withdrawn or dismissed before hearing 20.00 (T) Letters of guardianship for mentally ill, mentally retarded, or mentally incompetent: For whole service, including hearing ($40.00) and appointment of guardianship ($28.50) 68.50 (U) Inventory and appraisement: Whole service for inventory, excluding recording cost 7.50 Whole service for appraisement, excluding recording cost 7.50 (V) Sale of realty, personalty, or perishable property under administration or guardianship: Sale of perishable personalty, excluding recording cost 40.00 (W) Leave of sale of realty and nonperishable personalty: Public sale 37.00 Private sale 51.50 (X) Sale bill: Whole service for same, excluding recording cost 3.00 (Y) No administration: Receiving application; filing and docketing same; granting and issuing citation and copy for legal gazette; service in determining statutory compliance in publication of citation, intestacy of decedent, his heirs and being sui juris, property of decedent, no debts, and agreement amicably to divide estate, etc.; and issuing order of `No Administration Necessary'; excluding recording cost 44.00 (Z) Petition for attorney's fee: Receiving application; filing and docketing the same; services in hearing and determining allegations of applications; and order; excluding recording cost 25.00 (AA) Public safety patrol trial: Holding trial 6.50 Receiving written application for warrant 3.50 (BB) Petition for change of birth certificate: Whole service for same 25.00 (3) For miscellaneous services: (A) Applicant to pay all publications costs of citations, notices, etc., at the usual legal rate, in all manner when such required. For receiving any application, petition, or case where no costs are prescribed $ 8.00 (B) For every case litigated before the judge of the probate court where no costs are prescribed, per day 20.00 (C) For every case litigated before the judge of the probate court where no costs are prescribed, per one-half day minimum charge 10.00 (D) For filing and docketing any application, case, or petition where no costs are prescribed 8.00 (E) For every order passed where no costs are prescribed, provided that no fee shall be charged for drawing checks, orders, drafts, or warrants on the county treasury or county depository 1.00 (F) For each affidavit where no case is pending before the judge of the probate court .50 (G) For issuing process against a person for not making return 10.00 (H) For rule nisi 10.00 (I) For each subpoena .50 (J) For hearing election contests, to be taxed as cost per day 20.00 (K) For certificate of residency 3.50 (L) For recording marks and brands 5.00 (M) For bond when necessary 4.00 (N) For recording vouchers .25 (O) Base fee for entering an appeal and transmitting the proceeding to superior court 5.00 Cost per page of document 1.50 (Provided, however, that where a transcript of the evidence and proceedings is filed with the court and does not require recopying, the court shall not receive $1.50 per page for the transcript of evidence.) (P) For filing and recording an official bond of county officers (to be paid by county) 3.00 (Q) For taking and recording oath of county officer (to be paid by county). 5.00 (R) For each fi. fa. issued by the clerk of the probate court 3.00 (S) For seal and certificate 3.00 (T) Disabled veterans, certificate of eligibility, filing fee 3.00 (U) For every explosive permit 20.00 (V) For every peddler's license 3.00 (W) For certified copy of letters of administration, letters testamentary, or guardianship, including seal and certificate 3.00 (X) For services in making settlement of accounts of administrators, executors, and guardians (when contested) 20.00 (Y) For registration of corporation, business profession, or commodity subject to special tax, each 1.00 (Z) For every pistol license issued 20.00 (AA) For preparing all papers, appointing managers, consolidating returns in general and special election, each ballot box 30.00 (BB) For petition for removal or accounting by any fiduciary (whole service does not include costs of certified or registered mail, sheriff's service or advertising; base cost does not include a certified copy) 25.00 (CC) For examining book and giving extract or fact that information sought is not therein 1.50 (DD) For safekeeping a will 5.00 (EE) For petition to encroach if amount of encroachment is $500.00 or less 15.00 (FF) For petition to encroach over $500.00 30.00 (GG) For granting letters of administration CTA, DBN, or DBN-CTA, whole service 40.00 (HH) For granting letters to successor executor 51.50 (II) For petition to determine heirs 54.50 (JJ) For petition to enter safe-deposit box 10.00 (KK) For receiving marriage application, issuing marriage license, and recording (whole service) 10.00 (LL) For petition to accept funds for custody of minors, incompetents, and missing heirs (percentage of funds deposited) 5% (MM) For every service required and performed where no fees are specified, the same fees allowed the clerks of the superior courts for similar services for a like amount of labor shall be allowed.

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The judges of the probate courts in such counties are entitled to an advance cost of $30.00 for deposit to be made before filing any proceeding, where required in accordance with Code Section 15-9-61.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. PUBLIC REVENUE CODE AMENDED AS TO CERTAIN COUNTIES (63,000 - 72,000). Code Title 91A and Chapter 5 of Title 48 Amended. No. 1105 (House Bill No. 1815). AN ACT To amend Code Title 91A, relating to public revenue and taxation, as amended, so as to change the population classifications of provisions affecting counties within this state having a population of not less than 63,000 nor more than 72,000 according to the United States decennial census of 1970 or any future such census; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Part 1 Section 1. Code Title 91A, relating to public revenue and taxation, as amended, is amended by striking subsection (h) of Code Section 91A-1013, relating to the time for making tax returns, in its entirety and substituting in lieu thereof a new subsection (h) to read as follows: (h) In all counties having a population of not less than 68,000 and not more than 75,000, 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. Said Code Title is further amended by striking the second paragraph of subsection (a) of Code Section 91A-1111, relating to applications for homestead exemptions, in its entirety and substituting in lieu thereof a new paragraph to read as follows: In all counties having a population of not less than 68,000 and not more than 75,000, 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. In all counties having a population of not less than 34,000 and not more than 34,500, 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. Said Code Title is further amended by striking subsection (d) of Code Section 91A-1349, relating to interest on unpaid taxes, in its entirety and substituting in lieu thereof a new subsection (d) 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 68,000 and not more than 75,000, 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 20 of each year shall issue executions against each delinquent or defaulting taxpayer in their respective counties and shall otherwise comply with the provisions of Code Section 91A-1361(a).

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Section 4. Said Code Title is further amended by striking Code Section 91A-1431, relating to the presentation of returns to county boards of tax assessors, in its entirety and substituting in lieu thereof a new Code Section 91A-1431 to read as follows: 91A-1431. When tax receiver or tax commissioner shall present returns to county board of tax assessors. Not later than April 11 in each year the tax receiver or tax commissioner of each county shall present the tax returns of the county for the current year to the county board of tax assessors. In all counties having a population of not less than 68,000 and not more than 75,000, 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. Said Code Title is further amended by striking Code Section 91A-1444, relating to completion of revisions and assessments or returns, in its entirety and substituting in lieu thereof a new Code Section 91A-1444 to read as follows: 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 68,000 and not more than 75,000, 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. Said Code Title is further amended by striking subsection (a) of Code Section 91A-1924, relating to the issuance of mobile home location permits and decals, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Each year every owner of a mobile home subject to taxation under the provisions of this Chapter shall obtain, on or before April 1, from the tax collector or tax commissioner of the county of 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

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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. In all counties having a population of not less than 68,000 and not more than 75,000, according to the census, every owner of a mobile home shall obtain the permit provided for above on or before March 1. Section 7. Said Code Title is further amended by striking Code Section 91A-1925, relating to the return of mobile homes for taxation and the payment of taxes thereon, in its entirety and substituting in lieu thereof a new Code Section 91A-1925 to read as follows: 91A-1925. Return for taxation; payment of due taxes. Each year every owner of a mobile home subject to taxation under the provisions of this Chapter shall return the mobile home for taxation, and shall pay the taxes due on the mobile home, at the time the owner makes application for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on April 1, whichever occurs first. If the owner of a mobile home returns his mobile home for taxation prior to the date that the application for the mobile home location permit is required, he shall make application for the permit at the time he returns the mobile home for taxation. Except as is provided for mobile homes which are owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid. In all counties having a population of not less than 68,000 and not more than 75,000, according to the census, the time for the return of mobile homes for taxation and the payment of taxes thereon shall, in no case, be later than March 1. Part 2 Section 8. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (h) of Code Section 48-5-18, relating to the time of making tax returns, in its entirety and substituting in lieu thereof a new subsection (h) to read as follows: (h) In all counties having a population of not less than 68,000 nor more than 75,000, according to the United States decennial census of 1980 or any future such census, the officer authorized to receive tax returns shall open his books for the return of taxes on January 1 and shall close them on March 1 of each year.

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Section 9. Said chapter is further amended by striking subsection (b) of Code Section 48-5-45, relating to applications for homestead exemptions, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) In all counties having a population of not less than 68,000 nor more than 75,000, according to the United States decennial census of 1980 or any future such census, the written application and schedule required in subsection (a) of this Code section shall be filed on or before March 1 of the year in which exemption from taxation is sought. Section 10. Said chapter is further amended by striking subsection (d) of Code Section 48-5-148, relating to interest on unpaid taxes, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Any provision of law except Code Section 48-5-511 to the contrary notwithstanding, in each county having a population of not less than 68,000 and not more than 75,000, according to the United States decennial census of 1980 or any future such 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. On October 20 of each year, the local tax officials shall issue executions against each delinquent or defaulting taxpayer in their respective counties and shall otherwise comply with subsection (a) of Code Section 48-5-161. Section 11. Said chapter is further amended by striking subsection (b) of Code Section 48-5-301, relating to the time of presentation of returns to the county board of tax assessors, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) In all counties having a population of not less than 68,000 nor more than 75,000, according to the United States decennial census of 1980 or any future such 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 11 of that year. Section 12. Said chapter is further amended by striking Code Section 48-5-302, relating to the time for completion of revision and assessment of returns, in its entirety and substituting in lieu thereof a new Code Section 48-5-302 to read as follows:

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48-5-302. Each county board of tax assessors shall complete its revision and assessment of the returns of taxpayers in its respective county by June 1 of each year, except that in all counties having a population of not less than 68,000 nor more than 75,000, according to the United States decennial census of 1980 or any future such census, the county board of tax assessors shall complete its revision and assessment of the returns of taxpayers by April 15 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 13. Said chapter is further amended by striking subsection (a) of Code Section 48-5-492, relating to issuance of mobile home location permits and decals, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Each year every owner of a mobile home subject to taxation under this article shall obtain on or before April 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. In all counties having a population of not less than 68,000 nor more than 75,000, according to the United States decennial census of 1980 or any future such census, every owner of a mobile home shall obtain the permit provided for above on or before March 1. Section 14. Said chapter is further amended by striking Code Section 48-5-494, relating to returns of mobile homes for taxation and the payment of taxes thereon, in its entirety and substituting in lieu thereof a new Code Section 48-5-494 to read as follows: 48-5-494. Each year every owner of a mobile home subject to taxation under this article shall return the mobile home for taxation and shall pay the taxes due on the mobile home at the time the owner applies for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on April 1, whichever occurs first. If the owner returns his mobile home for taxation prior to the date that the application for the mobile home location permit is required, he shall apply for the permit at the time

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he returns the mobile home for taxation. Except as provided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid. In all counties having a population of not less than 68,000 nor more than 75,000, according to the United States decennial census of 1980 or any future such census, the time for the return of mobile homes for taxation and for the payment of taxes thereon shall in no case be later than March 1. Part 3 Section 15. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 16. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. DISTRICT ATTORNEYS COMPENSATION IN CERTAIN COUNTIES (18,200 - 18,900) (19,200 - 19,400). No. 1130 (House Bill No. 1785). AN ACT To amend an Act providing that the governing authorities of all counties having a population of not less than 18,200 and not more than 18,900 according to the United States decennial census of 1970

Page 582

or any future such census shall supplement the compensation of certain district attorneys, approved March 29, 1971 (Ga. L. 1971, p. 230), so as to change provisions relative to 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. An Act providing that the governing authorities of all counties having a population of not less than 18,200 and not more than 18,900 according to the United States decennial census of 1970 or any future such census shall supplement the compensation of certain district attorneys, approved March 29, 1971 (Ga. L. 1971, p. 230), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. The governing authorities of all counties in this State having a population of not less than 19,200 and not more than 19,400, according to the United States census of 1980, or any such future census, shall supplement the compensation of the district attorney of the judicial circuit in which each such county is located in the amount of $85.00 per month from county funds. Section 2. This Act shall become effective on July 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. PIEDMONT JUDICIAL CIRCUIT JUDGE'S SUPPLEMENT FROM BANKS COUNTY. No. 1142 (House Bill No. 1798). AN ACT To authorize the governing authority of Banks County to provide for supplemental compensation for the judge of the superior court in

Page 583

the Piedmont 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: Section 1. (a) The governing authority of Banks County, which county is within the Piedmont Judicial Circuit, is authorized to supplement the compensation of each superior court judge of the Piedmont Judicial Circuit in an amount to be determined within the discretion of the governing authority. Any such supplement shall be paid in monthly installments from the funds of Banks County. (b) Any supplement authorized by this Act shall be in addition to the compensation, expenses, and allowances being received by the superior court judge in the Piedmont Judicial Circuit from the State of Georgia or any other source. Any supplement is made and declared to be part of the expenses of the courts, and the power to levy a tax to pay the same or to otherwise provide to pay the same is delegated to the governing authority of said county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Notice of Intent to Introduce Local Legislation. There will be legislation introduced in the 1982 session of the General Assembly of Georgia for the purpose of enabling Banks County to supplement the salary of the Superior Court Judge of Banks County for acting as Juvenile Court Judge.

Page 584

Harold Watkins, Chairman Banks County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin who, on oath, deposes and says that he/she is Representative from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Banks County Journal which is the official organ of Banks County, on the following dates: Feb. 10, 17 24, 1982. /s/ Jack Irvin Representative, 10th District Sworn to and subscribed before me, this 8th day of March, 1982. /s/ Donna M. McLarin Notary Public, Georgia State at Large. My Commission Expires Nov. 4, 1985. (Seal). Approved April 12, 1982.

Page 585

COMPENSATION OF CORONERS IN CERTAIN COUNTIES (10,600 - 10,900). Code Section 21-105 Amended. No. 1146 (House Bill No. 1804). AN ACT To repeal an Act entitled An Act to amend Code Section 21-105 of the Code of Georgia of 1933, as amended, relating to the fees paid Coroners, as amended, so as to change the compensation of Coroners in certain counties; to repeal conflicting laws; and for other purposes., approved April 28, 1969 (Ga. L. 1969, p. 878), as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 565), an Act approved April 11, 1979 (Ga. L. 1979, p. 529), and an Act approved March 25, 1980 (Ga. L. 1980, p. 1185); to provide an effective date; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend Code Section 21-105 of the Code of Georgia of 1933, as amended, relating to the fees paid Coroners, as amended, so as to change the compensation of Coroners in certain counties; to repeal conflicting laws; and for other purposes., approved April 28, 1969 (Ga. L. 1969, p. 878), as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 565), an Act approved April 11, 1979 (Ga. L. 1979, p. 579), and an Act approved March 25, 1980 (Ga. L. 1980, p. 1185), is repealed in its entirety. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval; provided, however, that if an Act entitled An Act to place the coroner of Lamar County on an annual salary in lieu of a fee system; to provide for matters relative to the foregoing; to provide an effective date; to provide conditions for an effective date; to repeal conflicting laws; and for other purposes., does not pass the 1982 session of the General Assembly and is not signed by the Governor or does not become law without his signature, this Act shall be null and void and shall stand repealed in its entirety.

Page 586

Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. ACT PROVIDING FOR LAW LIBRARIES AMENDED AS TO CERTAIN COUNTIES (300,000 OR MORE). Code Section 36-15-12 Enacted. No. 1153 (Senate Bill No. 654). AN ACT To amend an Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. L. 1971, p. 180), as amended, particularly by an Act approved April 10, 1973 (Ga. L. 1973, p. 430), an Act approved March 24, 1976 (Ga. L. 1976, p. 700), and an Act approved April 9, 1981 (Ga. L. 1981, p. 959), so as to provide that a city court of any city of the state having a population of 300,000 or more according to the 1980 United States decennial census or any future such census shall not be required to collect any costs that may be required by the foregoing Act; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act authorizing counties to establish and maintain law libraries, approved March 19, 1971 (Ga. L. 1971, p. 180), as amended, particularly by an Act approved April 10, 1973 (Ga. L. 1973, p. 430), an Act approved March 24, 1976 (Ga. L. 1976, p. 700), and an Act approved April 9, 1981 (Ga. L. 1981, p. 959), is amended by adding immediately following Section 10A, a new Section 10B to read as follows:

Page 587

Section 10B. Notwithstanding any other provision of this Act, this Act shall not apply to a city court, which is authorized to try state traffic offenses, of any city of this state having a population of 300,000 or more according to the United States decennial census of 1980 or any future such census. Part 2 Section 2. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended by adding at the end thereof a new Code Section 36-15-12 to read as follows: 36-15-12. Notwithstanding any other provision of this chapter, this chapter shall not apply to a city court, which is authorized to try state traffic offenses, of any city of this state having a population of 300,000 or more according to the United States decennial census of 1980 or any future such census. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982.

Page 588

COMPENSATION OF COUNTY COMMISSIONERS IN CERTAIN COUNTIES (12,300 - 12,400). Code Section 36-5-23 Enacted. No. 1159 (House Bill No. 1855). AN ACT To fix the compensation of the county commissioner of counties having a population of not less than 12,300 and not more than 12,400; to amend the Official Code of Georgia Annotated accordingly; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Notwithstanding any other provision of law, in all counties having a population of not less than 12,300 or more than 12,400 according to the decennial census of 1980 or any future such census, the county commissioner shall receive an annual salary equal in amount to the salary of the sheriff of the county. Part 2 Section 2. Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county commissioners, is amended by adding a new Code Section 36-5-23 to read as follows: 36-5-23. Notwithstanding any other provision of law, in all counties having a population of not less than 12,300 or more than 12,400 according to the decennial census of 1980 or any future such census, the county commissioner shall receive an annual salary equal in amount to the salary of the sheriff of the county. Part 3 Section 3. This Act shall become effective only if SB 528 introduced at the 1982 General Assembly becomes law. If such bill does become law, then this Act shall become effective upon the effective date of said SB 528.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. BOARDS OF EDUCATION COMPENSATION IN CERTAIN COUNTIES (18,500 - 19,000) (20,900 - 21,200). Code Section 32-904 Amended. No. 1161 (House Bill No. 1857). AN ACT To provide for the compensation of the chairman and members of the county board of education in all counties of this state having a population of not less than 20,900 nor more than 21,200 according to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding laws to the contrary, in all counties of this state having a population of not less than 20,900 nor more than 21,200 according to the United States decennial census of 1980 or any future such census, the chairman of the county board of education shall be compensated in the amount of $125.00 per month and each other member of the county board of education shall be compensated in the amount of $100.00 per month. No member of the board shall receive the per diem otherwise provided by law for attendance at meetings of the board. Section 2. This Act shall become effective upon July 1, 1982.

Page 590

Section 3. An Act to amend Code Section 32-904, relating to compensation of members of county boards of education, so as to provide for the compensation of the chairman and members of the board in all counties of the state having a population of not less than 18,500 and not more than 19,000 according to the United States decennial census of 1970 or any future such census, approved March 16, 1978 (Ga. L. 1978, p. 1049), is repealed. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. CORONERS COMPENSATION IN CERTAIN COUNTIES (15,200 - 15,400). Code Section 21-105 Amended. No. 1164 (House Bill No. 1862). AN ACT To provide for the compensation of coroners in all counties of this state having a population of not less than 15,200 nor more than 15,400 according to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this state having a population of not less than 15,200 nor more than 15,400 according to the United States decennial census of 1980 or any future such census, the coroner is placed on a salary and shall be compensated in the amount of $100.00 per month. The compensation shall be paid monthly from the funds of such counties. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies, and all other emoluments and

Page 591

perquisites of whatever kind which shall be allowed the coroners of such counties. All such fees, costs, commissions, 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 July 1, 1982. Section 3. An Act amending Code Section 21-105, relating to fees for coroners, as amended, so as to change the compensation of coroners in certain counties, approved March 10, 1964 (Ga. L. 1964, p. 278), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 456), is repealed. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. LAW LIBRARIES IN CERTAIN COUNTIES (200,000 - 275,000). Code Section 36-15-9(c) Enacted. No. 1174 (House Bill No. 1894). AN ACT To amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to provide that the recorder's court of any county of this state having a population of not less than 200,000 nor more than 275,000 according to the United States decennial census of 1980 or any future such census shall collect the additional costs for the county law library; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 592

Be it enacted by the General Assembly of Georgia: Section 1. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended by adding at the end of Code Section 36-15-9 a new subsection (c) to read as follows: (c) Notwithstanding that provision of subsection (a) of this Code section which excepts recorders' courts from the requirement of charging and collecting the additional costs provided for by said subsection (a), said subsection (a) and subsection (b) of this Code section shall be applicable to the recorder's court of each county of this state having a population of not less than 200,000 nor more than 275,000 according to the United States decennial census of 1980 or any future such census. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. ALCOHOLIC BEVERAGES SALE BY DRINK IN CERTAIN COUNTIES (14,486 - 14,540) (37,200 - 38,000). Code Sections 5A-2901, 3-4-90 Amended. No. 1175 (House Bill No. 1896). AN ACT To amend Code Section 5A-2901, relating to authorization of sales of distilled spirits by the drink, as amended, so as to change certain population brackets affecting counties having a population of not less than 14,486 and not more than 14,540 according to the United States

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decennial census of 1960 or any future such census; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 5A-2901, relating to authorization of sales of distilled spirits by the drink, as amended, is amended by striking subparagraph (b)(2)(A) in its entirety and inserting in lieu thereof a new subparagraph (b)(2)(A) to read as follows: (A) The governing authority of every county having a population of not less than 37,200 and not more than 38,000 according to the United States decennial census of 1980 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 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 and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this section, including, but not limited to, the regulation of hours of business, 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 title shall be authorized to sell distilled spirits at wholesale to any person or persons licensed as provided in this paragraph, and the person or persons so licensed under this paragraph shall be authorized to purchase such distilled spirits from a licensed wholesaler at wholesale. Part 2 Section 2. Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to authorization of sales of distilled spirits by the drink, is amended by striking subparagraph (b)(2)(A) in its entirety and substituting in lieu thereof a new subparagraph (b)(2)(A) to read as follows:

Page 594

(A) The governing authority of every county having a population of not less than 37,200 nor more than 38,000 according to the United States decennial census of 1980 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 alcoholic beverages by the drink for consumption only on the premises where sold. 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 licenses and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this subparagraph, including, 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 this title shall be authorized to sell distilled spirits at wholesale prices to any person or persons licensed as provided in this subparagraph; and the person or persons licensed under this subparagraph shall be authorized to purchase distilled spirits from a licensed wholesaler at wholesale prices. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982.

Page 595

PUBLIC REVENUE QUARTERLY BILLING OF AD VALOREM TAXES IN CERTAIN COUNTIES (100,000 - 150,000). Code Section 48-5-30 Enacted. No. 1179 (House Bill No. 1903). AN ACT To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to provide an optional procedure for quarterly billing in counties having a population of not less than 100,000 and not more than 150,000; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, is amended by adding a new Code Section 48-5-30 to read as follows: 48-5-30. (a) The provisions of this Code section shall apply only to counties which have a population of not less than 100,000 and not more than 150,000 according to the United States decennial census of 1980 or any future such census and which so provide by resolution of the county governing authority adopted on or before January 31 of the first year in which it is to apply. Any such resolution shall be effective until the first year following the calendar year of its repeal. (b) In any such county the tax collector shall send four quarterly ad valorem tax billings to each taxpayer requesting such quarterly billing. The first three such billings may be based upon the amount of taxes levied in the previous year and the final billing shall be for the total taxes due for the current year after credit has been given for any payments made prior to such final billing. (c) Nothing in this Code section shall affect the time at which such taxes become due or delinquent, such quarterly billing being solely for the convenience of the taxpayer.

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Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1982. GRIFFIN JUDICIAL CIRCUIT JUDGES' COMPENSATION. No. 1193 (House Bill No. 1947). AN ACT To amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), so as to change the county supplement for the judges of the superior courts of that judicial circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), is amended by striking Section 6A of said Act which reads as follows: Section 6A. The governing authorities of Fayette County, Pike County, Spalding County and Upson County, the four counties comprising the Griffin Judicial Circuit, are hereby authorized to provide from county funds a supplement to the compensation of each judge received from State funds, and the district attorney received from State funds. The amount of such supplement for each judge shall be $7,500 per annum, and the amount of such supplement for the district attorney shall be $5,000 per annum. Said amounts shall be paid monthly by the counties comprising the Griffin Judicial

Page 597

Circuit in proportion to and prorated according to the population of said counties as shown by the United States Decennial Census of 1970, out of the treasuries of such counties comprising said circuit in the following proportion and amounts according to the population, as shown by the 1970 Census, to wit: Spalding County shall pay the sum of $293.75 per month as a salary supplement for each judge and the sum of $195.83 per month as a salary supplement for the district attorney; Upson County shall pay the sum of $200.00 per month as a salary supplement for each judge and the sum of $133.33 per month as a salary supplement for the district attorney; Fayette County shall pay the sum of $68.75 per month as a salary supplement for each judge and the sum of $45.83 per month as a salary supplement for the district attorney; Pike County shall pay the sum of $62.50 per month as a salary supplement for each judge and the sum of $41.67 per month as a salary supplement for the district attorney. It shall be the duty of the governing authorities of each such county to provide by taxation, or otherwise, sufficient funds to pay the portion of said salary supplement assessed against each of said counties, and to pay the same as provided in this Act. The salary supplement of each judge and the district attorney is hereby made and declared to be a part of the expenses of the courts, and the power to levy a tax to pay the same is hereby delegated to said county governing authorities., and inserting in its place a new Section 6A to read as follows: Section 6A. The governing authorities of Fayette County, Pike County, Spalding County, and Upson County, the four counties comprising the Griffin Judicial Circuit, are authorized to provide from county funds a supplement to the compensation of each judge received from state funds, and the district attorney received from state funds. The amount of such supplement for each judge shall be $10,000.00 per annum, and the amount of such supplement for the district attorney shall be $5,000.00 per annum. Said amount shall be paid monthly by the counties comprising the Griffin Judicial Circuit in proportion to and prorated according to the population of said counties as shown by the United States decennial census of 1980 out of the treasuries of such counties comprising said circuit in the following annual amounts: Spalding County shall pay $4,300.00 as a salary supplement for each judge and $2,150.00 as a salary supplement for the district attorney; Upson County shall pay $2,300.00 as a salary supplement for each judge and $1,150.00 as a salary supplement

Page 598

for the district attorney; Fayette County shall pay $2,600.00 as a salary supplement for each judge and $1,300.00 as a salary supplement for the district attorney; Pike County shall pay $800.00 as a salary supplement for each judge and $400.00 as a salary supplement for the district attorney. All of the above amounts shall be paid in equal monthly installments. It shall be the duty of the governing authorities of each such county to provide by taxation, or otherwise, sufficient funds to pay the portion of said salary supplement assessed against each of said counties, and to pay the same as provided in this Act. The salary supplement of each judge and the district attorney is made and declared to be a part of the expenses of the courts, and the power to levy a tax to pay the same is delegated to said county governing authorities. 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 repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation shall be introduced during the 1982 Session of the General Assembly of the State of Georgia, which shall raise the annual salary supplement of a Superior Court Judge in the Griffin Judicial Circuit to $10,000.00, said increase to be prorated on a population basis by each County within the said Griffin Judicial Circuit. By: Carol Chandler Clerk, Board of Commissioners of Fayette County, Georgia

Page 599

Publisher's Affidavit. Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Booth, who, on oath, deposes and says that he is publisher of the Fayette County News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of Fayette County, on the following dates: February 17, 1982, February 24, 1982 and March 3, 1982. /s/ Jimmy Booth Publisher, Fayette County News Sworn to and subscribed before me, this 12 day of March, 1982. /s/ Carol Chandler Notary Public, Georgia State at Large. My Commission Expires 1-20-84. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1982 session of the General Assembly of Georgia, a bill to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), so as to change the county supplement for the judges of the superior court and district attorneys of that circuit; and for other purposes.

Page 600

This 9th day of February, 1982. Jim Fortune GLT (Upson Co.) Representative, 71st District Georgia, Upson County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Casper Y. Wood, who, on oath, deposes, certifies, and says that he is the publisher of the Thomaston Times, and that the attached copy Of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following dates: February 10, 17 and 24, 1982. /s/ Casper Y. Wood, Jr. Sworn to and subscribed before me, this 11th day of March, 1982. /s/ Dan E. Snow Notary Public. My Commission Expires 1/30/83. (Seal). Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1982 session of the General Assembly of Georgia, a bill to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), so as to change the county supplement for the judges of the superior court and district attorneys of that circuit; and for other purposes.

Page 601

This 9th day of February, 1982. Jim Fortune GLT (Upson Co.) Representative, 71st District Georgia, Pike County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rachel N. McClelland, who, on oath, deposes, certifies, and says that she is the publisher of the Pike County Journal and Reporter, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Pike County Journal and Reporter which is the official organ of Pike County, on the following dates: February 10, 17, and 18, 1982 and March 3, 1982. /s/ Rachel N. McClelland Sworn to and subscribed before me, this 12th day of March, 1982. /s/ Eric D. Hearn Notary Public. My Commission Expires 10/9/82. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1982 Session of the General Assembly of Georgia a bill to authorize the governing authority of Spalding County, Georgia, to provide for a supplement to the salary of each Judge of the Superior Court and the District Attorney of the Griffin Judicial Circuit, to repeal conflicting laws, and for other purposes.

Page 602

This the 10th day of February, 1982. Maureen C. Jackson, as Clerk of Board of Commissioners of Spalding County, Georgia Georgia, Spalding County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, Jr., who, on oath, deposes and says that he is Publisher of the Griffin Daily News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News, which is the official organ of Spalding County, Georgia, on the following dates: February 13, February 20, and February 27, 1982. /s/ Quimby Melton, Jr. Publisher of The Griffin Daily News Sworn to and subscribed before me, this 12th day of March, 1982. /s/ Joan C. Jones Notary Public, State at Large. My Commission Expires Jan. 11, 1986. (Seal). Approved April 12, 1982.

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ADEQUATE PROGRAM FOR EDUCATION EDUCATIONAL FACILITIES. Code Section 20-2-250 Amended. No. 1199 (Senate Bill No. 253). AN ACT To amend Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to educational facilities under the Adequate Program for Education, so as to revise the provisions relative to educational facilities; 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 20-2-250 of the Official Code of Georgia Annotated, relating to educational facilities under the Adequate Program for Education, is amended by striking said Code Section 20-2-250 in its entirety and substituting in lieu thereof a new Code Section 20-2-250 to read as follows: 20-2-250. (a) It is declared to be the policy of the State of Georgia to assure that every student in Georgia's public schools shall be housed in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by the Adequate Program for Education in Georgia. (b) As used in this Code section, the following words or terms shall have the following meanings: (1) `Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site. (2) `Annual debt service' means expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt.

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(3) `Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofiting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities. (4) `Construction project' shall refer to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities. (5) `Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, gymnasiums, stadiums, and similar facilities used for athletic competition and the central and area administrative offices of local units of administration. (6) `Educational facilities survey' means a systematic study of present educational facilities and a five-year forecast of future needs based on the instructional program and service requirements of this article. (7) `Entitlement' refers to the maximum portion of the total need that may be funded in a given year. (8) `Local funds' or `local unit funds' refers to funds available to local units of administration from sources other than state and federal funds. (9) `Local unit' or `local unit of administration' means any county or independent board of education which administers public elementary and secondary schools.

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(10) `Physical education facility' means any facility which is designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate. (11) `Renovation' or `modernization' or both refers to construction projects which consist in the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations. (12) `Required local participation' means the amount of funds which must be contributed by local units of administration from local funds for each construction project. (13) `Unhoused students' means those students who are not housed in school facilities which are structurally sound with adequate space as defined by the State Board of Education. (14) `Year' or `fiscal year,' unless otherwise clearly intended, refers to the fiscal year of the State of Georgia. (c) The State Board of Education shall implement the provisions of this Code section, and the State School Superintendent and designated staff in the Department of Education who have training or experience in educational facilities as determined by the State Personnel Board and the State Board of Education shall administer the requirements and implement the duties of this Code section. The State Board of Education's responsibilities shall include the following: (1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local unit. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; local property assessment for bond purposes; outstanding

Page 606

school bonds and annual debt service; buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall review, certify the accuracy of, and approve each local unit's inventory; (2) To adopt policies, guidelines, and standards for the educational facilities survey required of local units. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Georgia Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board, the servicing Cooperative Education Services Agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable to the local board. The State Board of Education shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; recommendations for improvements, expansion, modernization, safety, and energy retrofiting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The State Board of Education shall approve or reject the recommendations of the survey team and shall establish appeal procedures for surveys not accepted. (3) To adopt policies, guidelines, and standards for educational facilities construction plans required of local units. Local unit facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofiting; proposed construction projects for the purpose of merging small, inefficient educational facilities, if any; and other construction projects needed to house the instructional program required by provisions of this article;

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(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, use, and matters pertaining or relating to consolidation of schools and educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per pupil; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The State Board of Education shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the pupil capacity of the facility substantially above the capacity for which it was designed; (5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local units in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local unit educational facilities and real property inventories, educational facilities surveys, average daily attendance projection research, and educational facilities construction plans, and shall reflect the demand areas for capital outlay. In addition, the State Board of Education shall develop a consistent, systematic research approach to average daily attendance projections which will be used in the development of needs within each local unit. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost

Page 608

per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local unit and shall not count toward present or future required local participation; (6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (f), (g), (h), and (i) relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, and consolidation of high schools across system lines are carried out; (7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects constructed under supervision of the Georgia State Financing and Investment Commission. The State Board of Education may designate selected local units which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of Georgia State Financing and Investment Commission; (8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and (9) To provide procedures whereby local units may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes which have occurred within three years of the completion of the survey. (d) In the event any local unit of administration enters into a lease contract with the Georgia State Financing and Investment Commission for the use of facilities of the authority or commission pursuant to a commitment by the State Board of Education for future allotments of state capital outlay funds, the State Board of Education, upon receipt of an executed copy of said lease contract, is authorized and directed to pay monthly, quarterly, or annually to the

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commission such part of such funds to be made available to the local unit of administration under this Code section as may be required to meet the terms of such lease contract. The State Board of Education is empowered and directed to withhold any fund allocations to any local unit of administration for failure to comply with any provision of this Code section or policies, guidelines, or standards adopted by said board for the purpose of implementing the requirements of this Code section. (e) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (h) and (i), each local unit must meet the following conditions and requirements: (1) Prepare and annually update an educational facilities and real property inventory in accordance with provisions of subsection (c) of this Code section; (2) Complete a local educational facilities plan. The local educational facilities plan shall be prepared in accordance with provisions of subsection (c). Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (f). Each local unit shall specify the order of importance of all proposed construction projects. Provisions for unhoused students, whether by new construction, renovations, or additions, shall be the highest priority by any local unit. When two or more local units agree on the need for a consolidation project pursuant to subsection (f), the estimated construction cost shall be prorated to the participating local units and included with their identification of needs in accordance with the proportion of the number of students to be served from each local unit; (3) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program required by this article. Prior to initiating the survey, the local unit must file a written request with the State Board of Education that a survey be done in its behalf and suggesting the individuals who will conduct it. The cost of the survey shall be paid from local funds;

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(4) Submit requests for capital outlay funds, and provide required local participation; (5) Submit proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c); and (6) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c). Until July 1, 1984, local units which have not either initiated or completed surveys and construction plans shall be eligible for state capital outlay funds for construction projects as determined by the State Board of Education. (f) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes: (1) To provide construction projects needed because of increased pupil attendance or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof on different sites; (2) To provide construction projects to renovate or modernize educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy deficient, or unsanitary physical environments; (3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof on different sites in order to house changes in the instructional program required under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local unit;

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(4) To provide construction projects to merge educational facilities which have fewer pupils than required for the minimum school population by the State Board of Education or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof on different sites; (5) To provide construction projects to combine the total high school pupil populations either in grades 7-12, 8-12, or 9-12 across local unit lines. In such projects, there shall be no requirement to include a vocational wing as defined within the comprehensive high school structure but neither shall such vocational wing be excluded for funding purposes; and (6) To reimburse local units of administration for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local unit may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed. (g) Effective July 1, 1983, the state and each local unit of administration shall provide capital outlay funds for educational facilities in accordance with this subsection as follows: (1) The required local participation shall be 25 percent of the eligible project cost as modified by the local ability index and annual debt service. The local ability index shall be determined by dividing the amount of the local unit's equalized adjusted school property tax digest per resident pupil in average daily attendance by the total amount of the state-wide equalized adjusted school property tax digest per total resident average daily attendance. The resulting index shall be multiplied by 25 percent of the cost of the eligible construction project to determine the required local participation. A local unit may reduce its required local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local unit's required local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in paragraph (2) below; and

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(2) Eligible construction projects for consolidations as determined in subsection (f) shall require no local funds; provided, however, that the state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster. (h) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (f) above and to establish a fair and equitable distribution of funds to local units of administration, the State Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 million. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization. (2) In setting the annual authorization level, the State Board of Education shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities' needs shall be computed by summing the following: (A) The total facility improvement needs included in the most recent five-year educational facilities plan which has been reviewed by a survey team and approved by the State Board of Education. Such needs shall annually be adjusted downward for projects financed by either state or local funds but shall not be adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (e); and (B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) above), excluding payments for postsecondary facilities, athletic facilities, administrative facilities, or other projects not included in the approved five-year plan pursuant to subsections (c) and (e) above. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (g) and shall be adjusted upward for the remaining portion of the five-year period for increases in the annual debt service payments resulting from local financing of projects covered by the state board approved plan.

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(3) Each local unit of administration shall be entitled to a portion of the total authorization set by the State Board of Education annually based on the ratio of that local unit's needs as computed in paragraph (2) above to the total of all local units' needs. In addition to the annual entitlement, the local unit is eligible to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements. (4) In order to determine the amount of state funds to be requested for a given fiscal year, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. The above comparison shall be made for each of the incremental entitlement levels required in paragraph (1) above. In the event that projects requested for funding exceed the total state entitlements and required local participation, local units may elect to contribute additional local funding, provided that the total of all local funding does not exceed 50 percent of the eligible project costs. Local funds contributed in excess of required local participation may be credited toward required local participation in subsequent years, provided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to comply with this limitation. (5) The final level of entitlements actually authorized by the State Board of Education for a fiscal year shall be that level which is consistent with the appropriations Act for that year. (i) Local units may receive state capital outlay funds for construction projects under the advance funding category to meet educational facilities needs due to the following: (1) Extraordinary growth of pupil population in excess of the capacity of existing facilities; (2) Destruction of or damage to educational facilities by fire or due to natural disaster; (3) Replacement of educational facilities which have been certified as hazards to health or safety by the state fire marshal's office or by the Department of Human Resources;

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(4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and (5) Projects for consolidation of high schools across local unit lines when the proposed project cost exceeds the combined annual entitlements of the participating local units. With the exception of category (2) above, the following conditions must be met to qualify for advanced funding: (A) The local unit has specifically requested funding under this subsection prior to submission of the State Board of Education's annual budget to the General Assembly; (B) Annual entitlements accrued under subsection (h) have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local units shall be required to offset advanced funding for consolidation projects pursuant to paragraph (5) of subsection (f); (C) The project to be funded is not in addition to projects funded for a given local unit of administration under the provisions of subsection (h) in a given year; and (D) The required local participation and all other procedural requirements of this Code section are met. (j) Appropriations for advanced funding under subsection (i) shall be made separately from subsection (h) for regular entitlements. Section 2. This Act shall become effective on July 1, 1983.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. THE GEORGIA INSURANCE CODE AMENDED. Code Title 33 Amended. No. 1200 (Senate Bill No. 364). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, known as The Georgia Insurance Code, so as to provide for a new chapter relating to insurance information and privacy protection; to provide for legislative intent; to provide for the scope and application of said chapter; to provide for definitions; to regulate the use of pretext interviews; to provide for notice of insurance information practices; to provide for specification of questions designed to obtain information for marketing or research purposes; to provide for the context of disclosure authorization forms; to regulate the preparation of investigative consumer reports; to provide for access to certain recorded personal information; to provide for the correction, amendment, or deletion of certain recorded personal information; to provide for the issuance of reasons for adverse underwriting decisions; to prohibit the disclosure of information concerning previous adverse underwriting decisions; to prohibit adverse underwriting decisions under certain conditions; to provide limitations and conditions concerning the disclosure of certain information; to provide for procedures relative to hearings, witnesses, appearances, production of books, and service of process; to provide for service of process for insurance-support organizations; to provide for the issuance of cease and desist reports by the Commissioner and the procedures relative thereto; to provide for judicial review of orders and reports; to provide for individual remedies; to provide for unlawful activities; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Title 33 of the Official Code of Georgia Annotated, known as The Georgia Insurance Code, is amended by adding at the end of said title a new chapter, to be designated Chapter 39, to read as follows: CHAPTER 39 33-39-1. The purpose of this chapter is to establish standards for the collection, use, and disclosure of information gathered in connection with insurance transactions by insurance institutions, agents, or insurance-support organizations; to maintain a balance between the need for information by those conducting the business of insurance and the public's need for fairness in insurance information practices, including the need to minimize intrusiveness; to establish a regulatory mechanism to enable natural persons to ascertain what information is being or has been collected about them in connection with insurance transactions and to have access to such information for the purpose of verifying or disputing its accuracy; to limit the disclosure of information collected in connection with insurance transactions; and to enable insurance applicants and policyholders to obtain the reasons for any adverse underwriting decision. 33-39-2. (a) The obligations imposed by this chapter shall apply to those insurance institutions, agents, or insurance-support organizations which, on or after the effective date of this chapter: (1) In the case of life, health, or disability insurance: (A) Collect, receive, or maintain information which pertains to natural persons who are residents of this state in connection with insurance transactions; or (B) Engage in insurance transactions with applicants, individuals, or policyholders who are residents of this state; and (2) In the case of property or casualty insurance: (A) Collect, receive, or maintain information in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; or

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(B) Engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state. (b) The rights granted by this chapter shall extend to: (1) In the case of life, health, or disability insurance, the following persons who are residents of this state: (A) Natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions; and (B) Applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions; and (2) In the case of property or casualty insurance, the following persons: (A) Natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; and (B) Applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state. (c) For purposes of this Code section, a person shall be considered a resident of this state if the person's last known mailing address, as shown in the records of the insurance institution, agent, or insurance-support organization, is located in this state. (d) Notwithstanding subsections (a) and (b) above, this chapter shall not apply to information collected from the public records of a governmental authority and maintained by an insurance institution or its representatives for the purpose of insuring the title to real property located in this state. 33-39-3. As used in this chapter:

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(1) `Adverse underwriting decision' means: (A) Any of the following actions with respect to insurance transactions involving insurance coverage which is individually underwritten: (i) A declination of insurance coverage; (ii) A termination of insurance coverage; (iii) Failure of an agent to apply for insurance coverage with a specific insurance institution which the agent represents and which is requested by an applicant; (iv) In the case of a property or casualty insurance coverage: (I) Placement by an insurance institution or agent of a risk with a residual market mechanism, an unauthorized insurer, or an insurance institution which specializes in substandard risks; or (II) The charging of a higher rate on the basis of information which differs from that which the applicant or policyholder furnished; (v) In the case of a life, health, or disability insurance coverage, an offer to insure at higher than standard rates; or (B) Notwithstanding subparagraph (A) above, the following actions shall not be considered adverse underwriting decisions but the insurance institution or agent responsible for their occurrence shall nevertheless provide the applicant or policyholder with the specific reason or reasons for their occurrence: (i) The termination of an individual policy form on a class or state-wide basis; (ii) A declination of insurance coverage solely because such coverage is not available on a class or statewide basis; or

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(iii) The rescission of a policy. (2) `Affiliate' or `affiliated' means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with another person. (3) `Agent' means any agent, broker, subagent, counselor, adjustor, solicitor, or service representative as defined in Code Sections 33-23-1 and 33-23-40. (4) `Applicant' means any person who seeks to contract for insurance coverage other than a person seeking insurance coverage that is not individually underwritten. (5) `Commissioner' means the Insurance Commissioner of the State of Georgia. (6) `Consumer report' means any written, oral, or other communication of information bearing on a natural person's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used in connection with an insurance transaction. (7) `Consumer reporting agency' means any person who: (A) Regularly engages, in whole or in part, in the practice of assemblying or preparing consumer reports for a monetary fee; (B) Obtains information primarily from sources other than insurance institutions; and (C) Furnishes consumer reports to other persons. (8) `Control' including the term `controlled by' or `under common control with,' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person.

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(9) `Declination of insurance coverage' means a denial, in whole or in part, by an insurance institution or agent of requested insurance coverage. (10) `Individual' means any natural person who: (A) In the case of property or casualty insurance, is a past, present, or proposed named insured or certificate holder; (B) In the case of life, health, or disability insurance, is a past, present, or proposed principal insured or certificate holder; (C) Is a past, present, or proposed policyowner; (D) Is a past or present applicant; (E) Is a past or present claimant; or (F) Derived, derives, or is proposed to derive insurance coverage under an insurance policy or certificate subject to this chapter. (11) `Institutional source' means any person or governmental entity that provides information about an individual to an agent, insurance institution, or insurance-support organization other than: (A) An agent; (B) The individual who is the subject of the information; or (C) A natural person acting in a personal capacity rather than in a business or professional capacity. (12) `Insurance institution' means any corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, or other person engaged in the business of insurance, including medical service corporations, hospital service corporations, health care plans, and health maintenance organizations as defined in Chapters 33-18, 33-19, 33-20,

Page 621

and 33-21. `Insurance institution' shall not include agents or insurance support organizations. (13) `Insurance-support organization' means: (A) Any person who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurance institution or agent for insurance transactions, including: (i) The furnishing of consumer reports or investigative consumer reports to an insurance institution or agent for use in connection with an insurance transaction; or (ii) The collection of personal information from insurance institutions, agents, or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation, or material nondisclosure in connection with insurance underwriting or insurance claim activity. (B) Notwithstanding subparagraph (A) above, the following persons shall not be considered `insurance-support organizations' for purposes of this chapter: agents, government institutions, insurance institutions, medical care institutions, and medical professionals. (14) `Insurance transaction' means any transaction involving insurance primarily for personal, family, or household needs rather than business or professional needs which entails: (A) The individual determination of an individual's eligibility for an insurance coverage, benefit, or payment; or (B) The servicing of an insurance application, policy, contract, or certificate. (15) `Investigative consumer report' means a consumer report or portion thereof in which information about a natural person's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with the

Page 622

person's neighbors, friends, associates, acquaintances, or others who may have knowledge concerning such items of information. (16) `Medical-care institution' means any facility or institution that is licensed to provide health care services to natural persons, including but not limited to: health-maintenance organizations, home-health agencies, hospitals, medical clinics, public health agencies, rehabilitation agencies, and skilled nursing facilities. (17) `Medical professional' means any person licensed or certified to provide health care services to natural persons, including but not limited to, a chiropractor, clinical dietitian, clinical psychologist, dentist, nurse, occupational therapist, optometrist, pharmacist, physical therapist, physician, podiatrist, psychiatric social worker, or speech therapist. (18) `Medical-record information' means personal information which: (A) Relates to an individual's physical or mental condition, medical history, or medical treatment; and (B) Is obtained from a medical professional or medicalcare institution, from the individual, or from the individual's spouse, parent, or legal guardian. (19) `Person' means any natural person, corporation, association, partnership, or other legal entity. (20) `Personal information' means any individually identifiable information gathered in connection with an insurance transaction from which judgments can be made about an individual's character, habits, avocations, finances, occupation, general reputation, credit, health, or any other personal characteristics. `Personal information' does not include an individual's name, address, and age when no other underwriting information is gathered on that individual nor does it include any `privileged information.' (21) `Policyholder' means any person who:

Page 623

(A) In the case of individual property or casualty insurance, is a present named insured; (B) In the case of individual life, health, or disability insurance, is a present policyholder; or (C) In the case of group insurance which is individually underwritten, is a present group certificate holder. (22) `Pretext interview' means an interview whereby a person, in an attempt to obtain information about a natural person, performs one or more of the following acts: (A) Pretends to be someone he or she is not; (B) Pretends to represent a person he or she is not in fact representing; (C) Misrepresents the true purpose of the interview; or (D) Refuses to identify himself or herself upon request. (23) `Privileged information' means any individually identifiable information that: (A) Relates to a claim for insurance benefits or a civil or criminal proceeding involving an individual; and (B) Is collected in connection with or in reasonable anticipation of a claim for insurance benefits or civil or criminal proceeding involving an individual; provided, however, information otherwise meeting the requirements of this subsection shall nevertheless be considered `personal information' under this chapter if it is disclosed in violation of Code Section 33-39-14 of this chapter. (24) `Residual market mechanism' means an association, organization, or other entity defined or described in Code Sections 33-9-7, 33-9-8, and 33-9-10. (25) `Termination of insurance coverage' or `termination of an insurance policy' means either a cancellation or nonrenewal of

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an insurance policy, in whole or in part, for any reason other than the failure to pay a premium as required by the policy. (26) `Unauthorized insurer' means an insurance institution that has not been granted a certificate of authority by the Commissioner to transact the business of insurance in this state. 33-39-4. No insurance institution, agent, or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction; provided, however, a pretext interview may be undertaken to obtain information from a person or institution that does not have a generally or statutorily recognized privileged relationship with the person about whom the information relates for the purpose of investigating a claim where, based upon specific information available for review by the Commissioner, there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with the claim. 33-39-5. (a) An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as provided below: (1) In the case of an application for insurance, a notice shall be provided no later than: (A) At the time of the delivery of the insurance policy or certificate when personal information is collected only from the applicant or from public records; or (B) At the time the collection of personal information is initiated when personal information is collected from a source other than the applicant or public records; (2) In the case of a policy renewal, a notice shall be provided no later than the policy renewal date, except that no notice shall be required in connection with a policy renewal if: (A) Personal information is collected only from the policyholder or from public records; or (B) A notice meeting the requirements of this Code section has been given within the previous 24 months;

Page 625

(3) In the case of a policy reinstatement or change in insurance benefits, a notice shall be provided no later than the time a request for a policy reinstatement or change in insurance benefits is received by the insurance institution, except that no notice shall be required if personal information is collected only from the policyholder or from public records; (b) The notice required by subsection (a) shall be in writing and shall state: (1) Whether personal information may be collected from persons other than the individual or individuals proposed for coverage; (2) The types of personal information that may be collected and the types of sources and investigative techniques that may be used to collect such information; (3) The types of persons identified in paragraphs (2), (3), (4), (5), (6), (9), (11), (12), and (14) of Code Section 33-39-14 of this chapter and the circumstances under which such disclosures may be made without prior authorization; provided, however, only those circumstances need be described which occur with such frequency as to indicate a general business practice; (4) A description of the rights established under Code Sections 33-39-9 and 33-39-10 of this chapter and the manner in which such rights may be exercised; and (5) That information obtained from a report prepared by an insurance-support organization may be retained by the insurance-support organization and disclosed to other persons. (c) In lieu of the notice prescribed in subsection (b), the insurance institution or agent may provide an abbreviated notice informing the applicant or policyholder that: (1) Personal information may be collected from persons other than the individual or individuals proposed for coverage; (2) Such information as well as other personal or privileged information subsequently collected by the insurance institution or agent may in certain circumstances be disclosed to third parties without authorization;

Page 626

(3) A right of access and correction exists with respect to all personal information collected; and (4) The notice prescribed in subsection (b) will be furnished to the applicant or policyholder upon request. (d) The obligations imposed by this Code section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf. 33-39-6. An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction. 33-39-7. Notwithstanding any other provision of law of this state, no insurance institution, agent, or insurance-support organization may utilize as its disclosure authorization form in connection with insurance transactions a form or statement which authorizes the disclosure of personal or privileged information about an individual to the insurance institution, agent, or insurance-support organization unless the form or statement: (1) Is written in plain language; (2) Is dated; (3) Specifies the types of persons authorized to disclose information about the individual; (4) Specifies the nature of the information authorized to be disclosed; (5) Names the insurance institution or agent and identifies by generic reference representatives of the insurance institution to whom the individual is authorizing information to be disclosed; (6) Specifies the purposes for which the information is collected; (7) Specifies the length of time such authorization shall remain valid, which shall be no longer than:

Page 627

(A) In the case of authorizations signed for the purpose of collecting information in connection with an application for an insurance policy, a policy reinstatement or a request for change in policy benefits: (i) Thirty months from the date the authorization is signed if the application or request involves life, health, or disability insurance; (ii) One year from the date the authorization is signed if the application or request involves property or casualty insurance; or (B) In the case of authorizations signed for the purpose of collecting information in connection with a claim for benefits under an insurance policy: (i) The term of coverage of the policy if the claim is for a health insurance benefit; (ii) The duration of the claim if the claim is not for a health insurance benefit; and (8) Advises the individual or person authorized to act on behalf of the individual that the individual or the individual's authorized representative is entitled to receive a copy of the authorization form. 33-39-8. (a) No insurance institution, agent, or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement, or a change in insurance benefits unless the insurance institution or agent informs the individual: (1) That he or she may request to be interviewed in connection with the preparation of the investigate consumer report; and (2) That upon a request pursuant to Code Section 33-39-9, he or she is entitled to receive a copy of the investigative consumer report

Page 628

(b) If an investigative consumer report is to be prepared by an insurance institution or agent, the insurance institution or agent shall institute reasonable procedures to conduct a personal interview requested by an individual. (c) If an investigative consumer report is to be prepared by an insurance-support organization, the insurance institution or agent desiring such report shall inform the insurance-support organization whether a personal interview has been requested by the individual. The insurance-support organization shall institute reasonable procedures to conduct such interviews, if requested. 33-39-9. (a) If any individual, after proper identification, submits a written request to an insurance institution, agent, or insurance-support organization for access to recorded personal information about the individual which is reasonably described by the individual and reasonably locatable and retrievable by the insurance institution, agent, or insurance-support organization, the insurance institution, agent, or insurance-support organization shall within 30 business days from the date such request is received: (1) Inform the individual of the nature and substance of such recorded personal information in writing, by telephone, or by other oral communication, whichever the insurance institution, agent, or insurance-support organization prefers; (2) Permit the individual to see and copy, in person, such recorded personal information pertaining to him or her or to obtain a copy of such recorded personal information by mail, whichever the individual prefers, unless such recorded personal information is in coded form, in which case an accurate translation in plain language shall be provided in writing; (3) Disclose to the individual the identity, if recorded, of those persons to whom the insurance institution, agent, or insurance-support organization has disclosed such personal information within two prior to such request and, if the identity is not recorded, the names of those insurance institutions, agents, insurance-support organizations, or other persons to whom such information is normally disclosed; and (4) Provide the individual with a summary of the procedures by which he or she may request correction, amendment, or deletion of recorded personal information.

Page 629

(b) Any personal information provided pursuant to subsection (a) above shall identify the source of the information if such source is an institutional source. (c) Medical-record information supplied by a medical-care institution or medical professional and requested under subsection (a), together with the identity of the medical professional or medical care institution which provided such information, shall be supplied either directly to the individual or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution, agent, or insurance-support organization prefers. If it elects to disclose the information to a medical professional designated by the individual, the insurance institution, agent, or insurance-support organization shall notify the individual, at the time of the disclosure, that it has provided the information to the medical professional. (d) Except for personal information provided under Code Section 33-39-11, an insurance institution, agent, or insurance-support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to individuals. (e) The obligations imposed by this Code section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request under subsection (a), an insurance institution, agent, or insurance-support organization may make arrangements with an insurance-support organization or a consumer reporting agency to copy and disclose recorded personal information on its behalf. (f) The rights granted to individuals in this Code section shall extend to all natural persons to the extent information about them is collected and maintained by an insurance institution, agent, or insurance-support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection shall not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them. (g) For purposes of this Code section, the term `insurance-support organization' does not include `consumer reporting agency'.

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33-39-10. (a) Within 30 business days from the date of receipt of a written request from an individual to correct, amend, or delete any recorded personal information about the individual within its possession, an insurance institution, agent, or insurance-support organization shall either: (1) Correct, amend, or delete the portion of the recorded personal information in dispute; or (2) Notify the individual of: (A) Its refusal to make such correction, amendment, or deletion; (B) The reasons for the refusal; and (C) The individual's right to file a statement as provided in subsection (c). (b) If the insurance institution, agent, or insurance-support organization corrects, amends, or deletes recorded personal information in accordance with paragraph (1) of subsection (a), the insurance institution, agent, or insurance-support organization shall so notify the individual in writing and furnish the correction, amendment, or fact of deletion to: (1) Any person specifically designated by the individual who may have, within the preceding two years, received such recorded personal information; (2) Any insurance-support organization whose primary source of personal information is insurance institutions if the insurance-support organization has systematically received such recorded personal information from the insurance institution within the preceding seven years; provided, however, that the correction, amendment, or fact of deletion need not be furnished if the insurance-support organization no longer maintains recorded personal information about the individual; and (3) Any insurance-support organization that furnished the personal information that has been corrected, amended, or deleted.

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(c) Whenever an individual disagrees with an insurance institution's agent's, or insurance-support organization's refusal to correct, amend, or delete recorded personal information, the individual shall be permitted to file with the insurance institution, agent, or insurance-support organization: (1) A concise statement setting forth what the individual thinks is the correct, relevant, or fair information; and (2) A concise statement of the reasons why the individual disagrees with the insurance institution's, agent's, or insurance-support organization's refusal to correct, amend, or delete recorded personal information. (d) In the event an individual files either statement as described in subsection (c) above, the insurance institution, agent, or support organization shall: (1) File the statement with the disputed personal information and provide a means by which anyone reviewing the disputed personal information will be made aware of the individual's statement and have access to it; (2) In any subsequent disclosure by the insurance institution, agent, or support organization of the recorded personal information that is the subject of disagreement, clearly identify the matter or matters in dispute and provide the individual's statement along with the recorded personal information being disclosed; and (3) Furnish the statement to the persons and in the manner specified in subsection (b) above. (e) The rights granted to individuals in this Code section shall extend to all natural persons to the extent information about them is collected and maintained by an insurance institution, agent, or insurance-support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection shall not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them.

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(f) For purposes of this Code section, the term `insurance-support organization' does not include `consumer reporting agency.' 33-39-11. (a) In the event of an adverse underwriting decision the insurance institution or agent responsible for the decision shall: (1) Either provide the applicant, policyholder, or individual proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writing or advise such person that upon written request he or she may receive the specific reason or reasons in writing; and (2) Provide the applicant, policyholder, or individual proposed for coverage with a summary of the rights established under subsection (b) of this Code section and Code Sections 33-39-9 and 33-39-10 of this chapter. (b) Upon receipt of a written request within 90 business days from the date of the mailing of notice or other communication of an adverse underwriting decision to an applicant, policyholder, or individual proposed for coverage, the insurance institution or agent shall furnish to such person within 21 business days from the date of receipt of such written request: (1) The specific reason or reasons for the adverse underwriting decision, in writing, if such information was not initially furnished in writing pursuant to paragraph (1) of subsection (a) of this Code section. (2) The specific items of personal and privileged information that support those reasons; provided, however: (A) The insurance institution or agent shall not be required to furnish specific items of privileged information if it has a reasonable suspicion, based upon specific information available for review by the Commissioner, that the applicant, policyholder, or individual proposed for coverage has engaged in criminal activity, fraud, material misrepresentation, or material nondisclosure; and (B) Specific terms of medical-record information supplied by a medical-care institution or medical professional shall be disclosed either directly to the individual about

Page 633

whom the information relates or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution or agent prefers; and (3) The names and addresses of the institutional sources that supplied the specific items of information pursuant to paragraph (2) of subsection (b) of this Code section; provided, however, that the identity of any medical professional or medical-care institution shall be disclosed either directly to the individual or to the designated medical professional, whichever the insurance institution or agent prefers. (c) The obligations imposed by this Code section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf. (d) When an adverse underwriting decision results solely from an oral request or inquiry, the explanation of reasons and summary of rights required by subsection (a) may be given orally. 33-39-12. No insurance institution, agent, or insurance-support organization may seek information in connection with an insurance transaction concerning: (1) Any previous adverse underwriting decision experienced by an individual; or (2) Any previous insurance coverage obtained by an individual through a residual market mechanism, unless such inquiry also requests the reasons for any previous adverse underwriting decision or the reasons why insurance coverage was previously obtained through a residual market mechanism. 33-39-13. No insurance institution or agent may base an adverse underwriting decision in whole or in part: (1) On the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism; provided, however, an insurance institution or agent may base an adverse

Page 634

underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision; (2) On personal information received from an insurance-support organization whose primary source of information is insurance institutions; provided, however, an insurance institution or agent may base an adverse underwriting decision on further personal information obtained as the result of information received from such insurance-support organization. 33-39-14. An insurance institution, agent, or insurance-support organization shall not disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure is: (1) With the written authorization of the individual, provided: (A) If such authorization is submitted by another insurance institution, agent, or insurance-support organization, the authorization meets the requirement of Code Section 33-39-7 of this chapter; or (B) If such authorization is submitted by a person other than an insurance institution, agent, or insurance-support organization, the authorization is: (i) Dated; (ii) Signed by the individual; and (iii) Obtained one year or less prior to the date a disclosure is sought pursuant to this subsection; or (2) To a person other than an insurance institution, agent, or insurance-support organization, provided such disclosure is reasonably necessary: (A) To enable such person to perform a business, professional, or insurance function for the disclosing insurance institution, agent, or insurance-support organization and such person agrees not to disclose the information further

Page 635

without the individual's written authorization unless the further disclosure: (i) Would otherwise be permitted by this Code section if made by an insurance institution, agent, or insurance-support organization; or (ii) Is reasonably necessary for such person to perform its function for the disclosing insurance institution, agent, or insurance-support organization; or (B) To enable such person to provide information to the disclosing insurance institution, agent, or insurance-support organization for the purpose of: (i) Determining an individual's eligibility for an insurance benefit or payment; or (ii) Detecting or preventing criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with an insurance transaction; or (3) To an insurance institution, agent, insurance-support organization, or self-insurer, provided the information disclosed is limited to that which is reasonably necessary: (A) To detect or prevent criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with insurance transactions; or (B) For either the disclosing or receiving insurance institution, agent, or insurance-support organization to perform its function in connection with an insurance transaction involving the individual; (4) To a medical-care institution or medical professional for the purpose of: (A) Verifying insurance coverage or benefits; (B) Informing an individual of a medical problem of which the individual may not be aware; or

Page 636

(C) Conducting an operations or services audit; providing only such information is disclosed as is reasonably necessary to accomplish the foregoing purposes; (5) To an insurance regulatory authority; (6) To a law enforcement or other governmental authority: (A) To protect the interests of the insurance institution, agent, or insurance-support organization in preventing or prosecuting the perpetration of fraud upon it; or (B) If the insurance institution, agent, or insurance-support organization reasonably believes that illegal activities have been conducted by the individual; (7) Otherwise permitted or required by law; (8) In response to a facially valid administrative or judicial order, including a search warrant or subpoena; (9) Made for the purpose of conducting actuarial or research studies, provided: (A) No individual may be identified in any actuarial or research report; (B) Materials allowing the individual to be identified are returned or destroyed as soon as they are no longer needed; and (C) The actuarial or research organization agrees not to disclose the information unless the disclosure would otherwise be permitted by this Code section if made by an insurance institution, agent, or insurance-support organization; (10) To a party or a representative of a party to a proposed or consummated sale, transfer, merger, or consolidation of all or part of the business of the insurance institution, agent, or insurance-support organization, provided:

Page 637

(A) Prior to the consummation of the sale, transfer, merger, or consolidation only such information is disclosed as is reasonably necessary to enable the recipient to make business decisions about the purchase, transfer, merger, or consolidation; and (B) The recipient agrees not to disclose the information unless the disclosure would otherwise be permitted by this Code section if made by an insurance institution, agent, or insurance-support organization; (11) To a person whose only use of such information will be in connection with the marketing of a product or service, provided: (A) No medical-record information, privileged information, or personal information relating to an individual's character, personal habits, mode of living, or general reputation is disclosed, and no classification derived from such information is disclosed; (B) The individual has been given an opportunity to indicate that he or she does not want personal information disclosed for marketing purposes and has given no indication that he or she does not want the information disclosed; and (C) The person receiving such information agrees not to use it except in connection with the marketing of a product or service; (12) To an affiliate whose only use of the information will be in connection with an audit of the insurance institution or agent or the marketing of an insurance product or service, provided the affiliate agrees not to disclose the information for any other purpose or to unaffiliated persons; (13) By a consumer reporting agency, provided the disclosure is to a person other than an insurance institution or agent; (14) To a group policyholder for the purpose of reporting claims experience or conducting an audit of the insurance institution's or agent's operations or services, provided the information disclosed is reasonably necessary for the group policyholder to conduct the review or audit;

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(15) To a professional peer review organization for the purpose of reviewing the service or conduct of a medical-care institution or medical professional; (16) To a governmental authority for the purpose of determining the individual's eligibility for health benefits for which the governmental authority may be liable; (17) To a certificate holder or policyholder for the purpose of providing information regarding the status of an insurance transaction; or (18) To a lienholder, mortgagee, assignee, lessor, or other person shown on the records of an insurance institution or agent as having legal or beneficial interest in a policy of insurance, provided that: (A) no medical record information is disclosed unless the disclosure would otherwise be permitted by this Code section; and (B) the information disclosed is limited to that which is reasonably necessary to permit such person to protect its interest in such policy. 33-39-15. (a) The Commissioner shall have power to examine and investigate into the affairs of every insurance institution or agent doing business in this state to determine whether the insurance institution or agent has been or is engaged in any conduct in violation of this chapter. (b) The Commissioner shall have the power to examine and investigate into the affairs of every insurance-support organization acting on behalf of an insurance institution or agent which either transacts business in this state or transacts business outside this state that has an effect on a person residing in this state in order to determine whether such insurance-support organization has been or is engaged in any conduct in violation of this chapter. 33-39-16. (a) Whenever the Commissioner has reason to believe that an insurance institution, agent, or insurance-support organization has been or is engaged in conduct in this state which violates this chapter, or if the Commissioner believes that an insurance-support

Page 639

organization has been or is engaged in conduct outside this state which has an effect on a person residing in this state and which violates this chapter, the Commissioner shall issue and serve upon such insurance institution, agent, or insurance-support organization a statement of charges and notice of hearing to be held at a time and place fixed in the notice. The date for such hearing shall be not less than 30 days after the date of service. (b) At the time and place fixed for such hearing the insurance institution, agent, or insurance-support organization charged shall have an opportunity to answer the charges against it and present evidence on its behalf. Upon good cause shown, the Commissioner shall permit any adversely affected person to intervene, appear, and be heard at such hearing by counsel or in person. (c) At any hearing conducted pursuant to this Code section, the Commissioner may administer oaths, examine and cross-examine witnesses, and receive oral and documentary evidence. The Commissioner shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence, and other documents which are relevant to the hearing. A stenographic record of the hearing shall be made upon the request of any party or at the discretion of the Commissioner. If no stenographic record is made and if judicial review is sought, the Commissioner shall prepare a statement of the evidence for use on review. Hearings conducted under this Code section shall be governed by the same rules of evidence and procedure as set forth in Chapter 33-2. (d) Statements of charges, notices, orders, and other processes of the Commissioner under this chapter may be served by anyone duly authorized to act on behalf of the Commissioner. Service of process may be completed in the manner provided by law for service of process in civil actions or by registered mail. A copy of the statement of charges, notice, order, or other process shall be provided to the person or persons whose rights under this chapter have been allegedly violated. A verified return setting forth the manner of service, or return postcard receipt in the case of registered mail shall be sufficient proof of service. 33-39-17. For the purpose of this chapter, an insurance-support organization transacting business outside this state which has an effect on a person residing in this state shall be deemed to have

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appointed the Commissioner to accept service of process on its behalf, provided the Commissioner causes a copy of such service to be mailed forthwith by registered mail to the insurance-support organization at its last known principal place of business. The return postcard receipt for such mailing shall be sufficient proof that the same was properly mailed by the Commissioner. 33-39-18. (a) If, after a hearing pursuant to Code Section 33-39-16, the Commissioner determines that the insurance institution, agent, or insurance-support organization charged has engaged in conduct or practices in violation of this chapter, the Commissioner shall reduce his or her findings to writing and shall issue and cause to be served upon such insurance institution, agent, or insurance-support organization a copy of such findings and an order requiring such insurance institution, agent, or insurance-support organization to cease and desist from the conduct or practices constituting violation of this chapter. (b) If, after a hearing pursuant to Code Section 33-39-16, the Commissioner determines that the insurance institution, agent, or insurance-support organization charged has not engaged in conduct or practices in violation of this chapter, the Commissioner shall prepare a written report which sets forth findings of fact and conclusions of law. Such report shall be served upon the insurance institution, agent, or insurance-support organization charged and upon the person or persons, if any, whose rights under this chapter were allegedly violated. (c) Until the expiration of the time allowed under Code Section 33-39-20 of this chapter for filing a petition for review or until such petition is actually filed, whichever occurs first, the Commissioner may modify or set aside any order or report issued under this Code section. After the expiration of the time allowed under Code Section 33-39-20 of this chapter for filing a petition for review, if no such petition has been duly filed, the Commissioner may, after notice and opportunity for hearing, alter, modify, or set aside, in whole or in part, any order or report issued under this Code section whenever conditions of fact or law warrant such action or if the public interest so requires. 33-39-19. (a) In any case where a hearing pursuant to Code Section 33-39-16 results in the finding of a knowing violation of this chapter, the Commissioner may, in addition to the issuance of a cease

Page 641

and desist order as prescribed in Code Section 33-39-18, order payment of a monetary penalty of not more than $500.00 for each violation but not to exceed $10,000.00 in the aggregate for multiple violations. (b) Any person who violates a cease and desist order of the Commissioner under Code Section 33-39-18 of this chapter may, after notice and hearing and upon order of the Commissioner, be subject to one or more of the following penalties, at the discretion of the Commissioner: (1) A monetary fine of not more than $10,000.00 for each violation; (2) A monetary fine of not more than $50,000.00 if the Commissioner finds that violations have occurred with such frequency as to constitute a general business practice; or (3) Suspension or revocation of an insurance institution's or agent's license. 33-39-20. (a) Any person subject to an order of the Commissioner under Code Section 33-39-18 or Code Section 33-39-19 or any person whose rights under this chapter were allegedly violated may obtain a review of any order or report of the Commissioner by filing in the superior court of Fulton County, within 30 days from the date of the service of such order or report, a written petition requesting that the order or report of the Commissioner be set aside. A copy of such petition shall be simultaneously served upon the Commissioner, who shall forthwith certify and file in such court a transcript of the entire record of the proceeding giving rise to the order or report which is the subject of the petition. Upon filing of the petition and transcript the court shall have jurisdiction to make and enter a decree modifying, affirming, or reversing any order or report of the Commissioner, in whole or in part. The findings of the Commissioner as to the facts supporting any order or report, if supported by any evidence, shall be conclusive. (b) To the extent an order or report of the Commissioner is affirmed, the court shall issue its own order commanding obedience to the terms of the order or report of the Commissioner. If any party affected by an order or report of the Commissioner shall apply to the court for leave to produce additional evidence and shall show to the

Page 642

satisfaction of the court that such additional evidence is material and that there are reasonable grounds for the failure to produce such evidence in prior proceedings, the court may order such additional evidence to be taken before the Commissioner in such manner and upon such terms and conditions as the court may deem proper. The Commissioner may modify his or her findings of fact or make new findings by reason of the additional evidence so taken and shall file such modified or new findings along with any recommendation, if any, for the modification or revocation of a previous order or report. If supported by clear and convincing evidence, the modified or new findings shall be conclusive as to the matters contained therein. (c) An order or report issued by the Commissioner under Code Sections 33-39-18 or 33-39-19 shall become final: (1) Upon the expiration of the time allowed for the filing of a petition for review, if no such petition has been duly filed except that the Commissioner may modify or set aside an order or report to the extent provided in subsection (c) of Code Section 33-39-18; or (2) Upon a final decision of the superior court if it directs that the order or report of the Commissioner be affirmed or the petition for review dismissed. (d) No order or report of the Commissioner under this chapter or order of the court to enforce the same shall in any way relieve or absolve any person affected by such order or report from any liability under any law of this state. 33-39-21. (a) If any insurance institution, agent, or insurance-support organization fails to comply with Code Sections 33-39-9, 33-39-10, or 33-39-11 of this chapter with respect to the rights granted under those Code sections, any person whose rights are violated may apply to any superior court of this state, having jurisdiction over the defendant, for appropriate equitable relief. (b) An insurance institution, agent, or insurance-support organization which discloses information in violation of Code Section 33-39-14 of this chapter shall be liable for damages sustained by the individual about whom the information relates; provided, however, that no individual shall be entitled to a monetary award which exceeds the actual damages sustained by the individual as a result of a violation of Code Section 33-39-14 of this chapter.

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(c) In any action brought pursuant to this Code section, the court may award the cost of the action and reasonable attorney's fees to the prevailing party. (d) An action under this Code section must be brought within two years from the date the alleged violation is or should have been discovered. (e) Except as specifically provided in this Code section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of this chapter. 33-39-22. No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person for disclosing personal or privileged information in accordance with this chapter, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurance institution, agent, or insurance-support organization; provided, however, this Code section shall provide no immunity for disclosing or furnishing false information with malice or willful intent to injure any person. 33-39-23. Any person who knowingly and willfully obtains information about an individual from an insurance institution, agent, or insurance-support organization under false pretenses shall be guilty of a misdemeanor. Section 2. This Act shall become effective on January 1, 1984. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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WORKERS' COMPENSATION INSURANCE. Code Title 33 - Chapter 9, Title 34 - Chapter 9 Amended. No. 1201 (Senate Bill No. 379). AN ACT To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, rates, and related organizations, so as to change the application of said chapter; to change the provisions relative to the use of rates filed by rating or advisory organizations for workers' compensation; to change the provisions relative to the filing by certain insurers of workers' compensation rates; to provide for the examination of insurers transacting workers' compensation insurance in this state by the Insurance Commissioner; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to make certain editorial changes; to change the provisions relative to the filing of workers' compensation insurance rates with the Insurance Commissioner; to change the provisions relative to the apportionment of rejected workers' compensation policies; 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. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulations of rule making, rates, and related organizations, is amended by striking paragraph (7) of subsection (a) of Code Section 33-9-3 which reads as follows: (7) Workers' compensation insurance; provided, however, the filings required by Code Section 34-9-130 may be made by a rating organization licensed in accordance with Code Sections 33-9-12 through 33-9-15; and provided, further, Code Sections 33-9-21 and 33-9-32 shall apply., and inserting in lieu thereof a new paragraph (7) to read as follows: (7) Annuities.

Page 645

Section 2. Said Chapter 9 of Title 33 is further amended by striking Code Section 33-9-9 in its entirety and inserting in lieu thereof a new Code Section 33-9-9 to read as follows: 33-9-9. Members and subscribers of rating or advisory organizations may use the rating systems, underwriting rules, or policy or bond form of the organizations and the rates filed by such organizations for all lines of insurance covered by the provisions of this chapter other than workers' compensation, either consistently or intermittently, but, except as provided in Code Sections 33-9-3, 33-9-7, 33-9-19, and 33-9-20, shall not agree with each other or rating organizations or others to adhere to such rates, rating systems, underwriting rules, or policy or bond form. The fact that two or more admitted insurers, whether or not members or subscribers of a rating or advisory organization, use, either consistently or intermittently, the rates or rating systems made or adopted by a rating organization, or the underwriting rules or policy or bond forms prepared by a rating or advisory organization shall not be sufficient in itself to support a finding that an agreement so to adhere exists and may be used only for the purpose of supplementing or explaining any competent evidence of the existence of the agreement. Section 3. Said Chapter 9 of Title 33 is further amended by striking Code Section 33-9-21 in its entirety and inserting in lieu thereof a new Code Section 33-9-21 to read as follows: 33-9-21. Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses, or in the case of a workers' compensation insurer uses or proposes to use, the rates, rating plans, rating systems, underwriting rules, and policy or bond forms of such organization; provided, however, the Commissioner may when he deems it necessary, without compliance with the rule-making procedures of this chapter or Chapter 13 of Title 50, the `Georgia Administrative Procedure Act': (1) Require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting

Page 646

rules, and policy or bond forms used, or in the case of a workers' compensation insurer used by it, independent of any filing made on its behalf or as a member of a licensed rating organization, as he shall deem to be necessary to insure compliance with the standards of this chapter and Code Section 34-9-130 and for the best interests of the citizens of this state; and (2) Require any domestic, foreign, and alien insurer, writing or authorized to write workers' compensation insurance in this state, to file such insurer's own individual rate filing for premium rates to be charged for workers' compensation insurance coverage written in this state. Such premium rates shall be developed and established based upon each individual insurer's experience in the State of Georgia. The experience filed shall include the loss ratios, reserves, reserve development information, expenses including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and information used by that insurer in formulating its workers' compensation premium rates which are used in this state and any other information or data required by the Commissioner. The Commissioner is authorized to accept such rate classifications as are reasonable and necessary for compliance with this chapter. Section 4. Said Chapter 9 of Title 33 is further amended by striking Code Section 33-9-23 in its entirety and inserting in lieu thereof a new Code Section 33-9-23 to read as follows: 33-9-23. (a) The Commissioner may, at any reasonable time, make or cause to be made an examination of every admitted insurer transacting any class of insurance to which this chapter is applicable to ascertain whether the insurer and every rate and rating system used by it for each class of insurance complies with the requirements and standards of this chapter applicable thereto. The examination shall not be a part of a periodic general examination participated in by representatives of more than one state. (b) In addition to and apart from the examination required by subsection (a) of this Code section, the Commissioner may, at any reasonable time, examine or cause to be examined by some examiner duly authorized by him all insurers transacting workers' compensation insurance in this state. This examination will include a review of the loss ratios, reserves, reserve development information, expenses

Page 647

including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and information used by that insurer in formulating its workers' compensation premium rates which are used in this state and any other information or data required by the Commissioner. Upon completion of this examination, a report in such form as the Commissioner shall prescribe shall be filed in his office. Section 5. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking from the first sentence of Code Section 34-9-122 the following: ,at the rate prescribed by the Insurance Commissioner,, so that when so amended, Code Section 34-9-122 shall read as follows: 34-9-122. Any policy of insurance issued under this chapter shall be the standard workers' compensation policy of insurance containing the usual and customary provisions found in such policies and shall include a provision that the premium charge shall be promptly paid. If there is any question regarding the lack of accident prevention and safety engineering with respect to a particular risk, reasonable rules and regulations are to be promulgated, which shall be put into full force and effect when approved by the board. The requirements of this Code section and Code Sections 34-9-131 through 34-9-134 shall be in addition to anything required of insurance companies under the general laws of this state as embodied in Title 33. Section 6. Said Chapter 9 of Title 34 is further amended by striking in its entirety Code Section 34-9-130, which reads as follows: 34-9-130. (a) The rates charged by all carriers of insurance, including the parties to any mutual, reciprocal, or other plan or scheme for writing insurance against the liability for compensation under this chapter, shall be fair, reasonable, and adequate, with due allowance for merit rating; and all risks of the same kind and degree of hazard shall be written at the same rate by the same carrier. The basic rates for policies or contracts of insurance against liability for compensation under this chapter shall be filed with the Insurance Commissioner for his approval; and no policy of insurance against such liability shall be valid until the basic rates thereof have been filed

Page 648

with and approved by the Insurance Commissioner; nor shall such policy be valid if the basic rates have been subsequently disapproved by the Commissioner. Any plan or scheme for modification of such basic rates by physical inspection or experience or merit rating shall likewise be filed with the Insurance Commissioner and approved by him; and no carrier of insurance shall write any such policy or contract until after filing and approval of a basic rate therefor and a schedule or plan to be employed in producing individual rates for risks. (b) Each such insurance carrier, including the parties to any mutual, reciprocal, or other plan or scheme for writing insurance against the liability for compensation under this chapter, shall report to the Insurance Commissioner as provided by law and in accordance with such reasonable rules as the Insurance Commissioner may at any time prescribe for the purpose of determining the solvency of the carrier and the adequacy or reasonableness of its rates and reserves; for such purpose, the Insurance Commissioner may inspect all the books and records of such insurance carrier and its agent or agents and may examine its agents, officers, and directors under oath. (c) The Insurance Commissioner shall have the power, in such manner and by such means as he may deem proper and adequate, to gather statistics and information and make investigations concerning rates for such insurance; and to that end he may take into consideration the income and earnings, from any and every source whatever, of any such company and may call upon the members of the board to sit with him in an advisory capacity at any investigation or hearing concerning such rates. Authority is conferred upon the Insurance Commissioner to make such arrangements with the board as may be agreeable to it for collecting, compiling, preserving, and publishing statistical and other data in connection with the work of regulating workers' compensation insurance rates; and whenever he deems proper, with the consent of the board members, he may appoint any of the members or employees of the board as special agents of the Insurance Commissioner to take testimony and make reports with reference to any matters involving questions of workers' compensation insurance rates. Any party at interest may appeal from any decision of the Insurance Commissioner made under this Code section in the manner provided by law., and inserting in lieu thereof a new Code Section 34-9-130 to read as follows:

Page 649

34-9-130. In addition to the authority prescribed in Title 33, the Insurance Commissioner shall have the power, in such manner and by such means as he may deem proper and adequate, to gather statistics and information and make investigations concerning rates for such insurance. He may take into consideration the income, earnings, and loss ratios from any and every source whatever of any such company and may call upon the directors of the State Board of Workers' Compensation to sit with him in an advisory capacity at any investigation or hearing concerning any rate or rates. Section 7. Said Chapter 9 of Title 34 is further amended by striking in its entirety Code Section 34-9-133, which reads as follows: 34-9-133. The board shall prescribe rules and regulations for apportioning rejected workers' compensation policies and may establish and enforce an equitable assignment of such policies; provided, however, that the board shall refer the assignment of such policies to any rate-making or rate-modification bureau or other similar bureau with the authority to handle such matters in this state, which bureau is maintained by the insurance carriers and approved by the Insurance Commissioner, if such bureau agrees that, subject to rules approved by the board, it will immediately assign a company to write a risk when such risk has been rejected by any three companies doing business in this state., and inserting in lieu thereof a new Code Section 34-9-133 to read as follows: 34-9-133. The board shall prescribe the rules and regulations for apportioning rejected workers' compensation policies and may establish an equitable assignment of such policies and enforce such provisions; provided, however, the Insurance Commissioner is authorized to establish or approve a method to apportion on a pro rata basis any rejected workers' compensation policy where four insurers duly authorized to write workers' compensation insurance refused, in writing, to issue the workers' compensation policy to cover said risk. In formulating this method of assignment, a minimum loss ratio will be considered by the Insurance Commissioner. Then, such established or approved method shall immediately assign an insurer to write such risk. Where such assignment has been made under the aforementioned method, the board shall not make the assignment.

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Section 8. This Act shall become effective on January 1, 1984. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GEORGIA INSURANCE CODE AMENDED. No. 1202 (Senate Bill No. 464). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, known as the Georgia Insurance Code, so as to amend the standard valuation and nonforfeiture provisions; 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. Title 33 of the Official Code of Georgia Annotated, known as the Georgia Insurance Code, is amended by striking in its entirety Code Section 33-10-13, relating to valuation of life insurance policies, and substituting in lieu thereof a new Code Section 33-10-13 to read as follows: 33-10-13. (a) This Code section shall be known as the `Standard Valuation Law.' (b) The Commissioner shall annually value or cause the insurer to value the reserve liabilities, hereinafter called reserves, for all outstanding life insurance policies and annuity and pure endowment contracts of every life insurer doing business in this state and may certify the amount of the reserves specifying the mortality table or tables, rate or rates of interest, and methods, net level premium method or others, used in the calculation of the reserves. In the case of

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an alien insurer, such valuation shall be limited to its insurance transactions in the United States. In calculating such reserves, the Commissioner may use group methods and approximate averages for fractions of a year or otherwise. In lieu of the valuation of the reserves as required by this Code section of any foreign or alien insurer, the Commissioner may accept any valuation made or caused to be made by the insurance supervisory official of any state or other jurisdiction when such valuation complies with the minimum standard provided by this Code section and if the official of that state or jurisdiction accepts as sufficient and valid for all legal purposes the certificate of valuation of the Commissioner when the certificate states the valuation to have been made in a specified manner according to which the aggregate reserves would be at least as large as if they had been computed in the manner prescribed by the law of that state or jurisdiction. (c) The minimum standard for the valuation of all such policies and contracts issued prior to January 1, 1966, shall be as required under the laws in effect immediately prior to January 1, 1961, or the minimum provided in subsection (d) of this Code section if less. (d) (1) Except as otherwise provided in paragraphs (2) and (3) through (7) of this subsection, the minimum standards for the valuation of all life insurance policies and annuity or pure endowment contracts issued on or after January 1, 1966, shall be the Commissioner's reserve valuation methods defined in subsections (e), (f), and (j) of this Code section and the following interest rates and tables: (A) 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, 4 percent interest for such policies issued prior to July 1, 1979, 5 1/2 percent interest for single premium life insurance policies, and 4 1/2 percent interest for all other such policies issued on or after July 1, 1979; (B) 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 for such policies issued prior to the operative date of subsection (e) of Code Section 33-25-4 as amended, except that for any category of such

Page 652

policies issued on female risk modified net premiums and present values, referred to in subsection (e) of this Code section, 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; and for such policies issued on or after the operative date of subsection (e) of Code Section 33-25-4, (i) the Commissioners' 1980 Standard Ordinary Mortality Table or, (ii) at the election of the insurer for any one or more specified plans of life insurance, the Commissioners' 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors, or (iii) any ordinary mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; (C) 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; for such policies issued prior to the date on which the Commissioners' 1961 Standard Industrial Mortality Table becomes applicable in accordance with subsection (d) of Code Section 33-25-4 and for such policies issued on or after such date the Commissioners' 1961 Standard Industrial Mortality Table or any industrial mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; (D) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality 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; (E) 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;

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(F) 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 or any tables of disablement rates and termination rates, adopted after 1980 by the National Association of Insurance Commissioners, that are approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; 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; (G) For accidental death benefits in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table or any accidental death benefits table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such policies; 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; and (H) For group life insurance, life insurance issued on the substandard basis, and other special benefits such tables or appropriate modifications of such tables as may be approved by the Commissioner as being sufficient with relation to the benefits provided by those policies. (2) Except as provided in paragraphs (3) through (7), the minimum standard for the valuation of all individual annuity and pure endowment contracts issued on or after the operative date of this paragraph, as defined herein, and for all annuities and pure endowments purchased on or after the operative date under group annuity and pure endowment contracts, shall be the Commissioner's reserve valuation methods defined in subsections (e) and (f) of this Code section and the following tables and interest rates:

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(A) 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 6 percent interest for single premium immediate annuity contracts and 4 percent interest for all other individual annuity and pure endowment contracts; (B) 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 individual annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such contracts or any modification of these tables approved by the Commissioner and 7 1/2 percent interest; (C) 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 individual annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such contracts or any modification of these tables approved by the Commissioner and 5 1/2 percent interest for single premium deferred annuity and pure endowment contracts and 4 1/2 percent interest for all other such individual annuity and pure endowment contracts; (D) 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 6 percent interest; and

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(E) For all annuities and pure endowments purchased on or after 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 group annuity mortality table, adopted after 1980 by the National Association of Insurance Commissioners, that is approved by regulation promulgated by the Commissioner for use in determining the minimum standard of valuation for such annuities and pure endowments or any modification of these tables approved by the Commissioner and 7 1/2 percent interest. After July 1, 1973, any insurer may file with the Commissioner a written notice of its election to comply with paragraph (2) of subsection (d) of this Code section after a specified date before January 1, 1979, which shall be the operative date of said paragraph (2) 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 said paragraph for such insurer shall be January 1, 1979. (3) The interest rates used in determining the minimum standard for the valuation of: (A) All life insurance policies issued in a particular calendar year, on or after the operative date of subsection (e) of Code Section 33-25-4; (B) All individual annuity and pure endowment contracts issued in a particular calendar year on or after January 1, 1983; (C) All annuities and pure endowments purchased in a particular calendar year on or after January 1, 1983, under group annuity and pure endowment contracts; and (D) The net increase, if any, in a particular calendar year after January 1, 1983, in amounts held under guaranteed interest contracts

Page 656

shall be the calendar year statutory valuation interest rates as defined in paragraphs (4) through (7). (4) The calendar year statutory valuation interest rates, I, shall be determined as follows and the results rounded to the nearer one-quarter of 1 percent: (A) For life insurance: I=.03+W(R1.03)+1/2W(R2.09); (B) For single premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options and from guaranteed interest contracts with cash settlement options: I=.03+W(R.03) where R1 is the lesser of R and.09, R2 is the greater of R and.09, R is the reference interest rate defined in paragraph (6), and W is the weighting factor defined in paragraph (5); (C) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on an issue year basis, except as stated in (B) above, the formula for life insurance stated in (A) above shall apply to annuities and guaranteed interest contracts with guarantee durations in excess of ten years and the formula for single premium immediate annuities stated in (B) above shall apply to annuities and guaranteed interest contracts with guarantee duration of ten years or less; (D) For other annuities with no cash settlement options and for guaranteed interest contracts with no cash settlement options, the formula for single premium immediate annuities stated in (B) above shall apply; (E) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a change in fund basis, the formula for single premium immediate annuities stated in (B) above shall apply;

Page 657

However, if the calendar year statutory valuation interest rate for any life insurance policies issued in any calendar year determined without reference to this sentence differs from the corresponding actual rate for similar policies issued in the immediately preceding calendar year by less than one-half of 1 percent, the calendar year statutory valuation interest rate for such life insurance policies shall be equal to the corresponding actual rate for the immediately preceding calendar year. For purposes of applying the immediately preceding sentence, the calendar year statutory valuation interest rate for life insurance policies issued in a calendar year shall be determined for 1980 (using the reference interest rate defined for 1979) and shall be determined for each subsequent calendar year regardless of when subsection (e) of Code Section 33-25-4 becomes operative. (5) The weighting factors referred to in the formulas stated above are given in the following tables: (A) Weighting Factors for Life Insurance: Guarantee Duration (Years) Weighting Factors 10 or less .50 More than 10, but not more than 20 .45 More than 20 .35 For life insurance, the guarantee duration is the maximum number of years the life insurance can remain in force on a basis guaranteed in the policy or under options to convert to plans of life insurance with premium rates or nonforfeiture values or both which are guaranteed in the original policy; (B) Weighting factor for single premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options and guaranteed interest contracts with cash settlement options:.80;

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(C) Weighting factors for other annuities and for guaranteed interest contracts, except as stated in (B) above, shall be as specified in tables (I), (II), and (III) below, according to the rules and definitions in (IV), (V), and (VI) below: I. For annuities and guaranteed interest contracts valued on an issue year basis: Guarantee Duration Weighting Factor for Plan Type (Years) A B C 5 or less: .80 .60 .50 More than 5, but not more than 10: .75 .60 .50 More than 10, but not more than 20: .65 .50 .45 More than 20: .45 .35 .35 Plan Type A B C II. For annuities and guaranteed interest contracts valued on a change in fund basis, the factors shown in I. above increased by: .15 .25 .05 Plan Type A B C III. For annuities and guaranteed interest contracts valued on an issue year basis (other than those with no cash settlement options) which do not guarantee interest on considerations received more than one year after issue or purchase and for annuities and guaranteed interest contracts valued on a change in fund basis which do not guarantee interest rates on considerations received more than 12 months beyond the valuation date, the factors shown in I. or derived in II. increased by: .05 .05 .05

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IV. For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, the guarantee duration is the number of years for which the contract guarantees interest rates in excess of the calendar year statutory valuation interest rate for life insurance policies with guarantee duration in excess of 20 years. For other annuities with no cash settlement options and for guaranteed interest contracts with no cash settlement options, the guarantee duration is the number of years from the date of issue or date of purchase to the date annuity benefits are scheduled to commence; V. Plan type as used in the above tables is defined as follows: Plan Type A: At any time policyholder may withdraw funds only (1) with an adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer, or (2) without such adjustment but in installments over five years

Page 660

or more, or (3) as an immediate life annuity, or (4) no withdrawal permitted; Plan Type B: Before expiration of the interest rate guarantee, policyholder may withdraw funds only (1) with adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer, or (2) without such adjustment but in installments over five years or more, or (3) no withdrawal permitted. At the end of interest rate guarantee, funds may be withdrawn without such adjustment in a single sum or installments over less than five years; Plan Type C: Policyholder may withdraw funds before expiration of interest rate guarantee in a single sum or installments over less than five years either (1) without adjustment to reflect changes in interest rates or asset values since receipt of the funds by the insurer, or (2) subject only to a fixed surrender charge stipulated in the contract as a percentage of the fund; VI. An insurer may elect to value guaranteed interest contracts with cash settlement options and annuities with cash settlement options on either an issue year basis or on a change in fund basis. Guaranteed interest contracts with no cash settlement options and other annuities with no cash settlement options must be valued on an issue year basis. As used in this subsection, an issue year basis of valuation refers to a valuation basis under which the interest rate used to determine the minimum valuation standard for the entire duration of the annuity or guaranteed interest contract is the calendar year valuation interest rate for the year of issue or year of purchase of the annuity or guaranteed interest contract, and the change in fund basis of valuation refers to a valuation basis under which the interest rate used to determine the minimum valuation standard applicable to each change in the fund held under the annuity or guaranteed interest contract is the calendar year valuation interest rate for the year of the change in the fund.

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(6) The Reference Interest Rate referred to in paragraph (4) of this subsection shall be defined as follows: (A) For all life insurance, the lesser of the average over a period of 36 months and the average over a period of 12 months, ending on June 30 of the calendar year next preceding the year of issue, of Moody's Corporate Bond Yield Average Monthly Average Corporates, as published in Moody's Investors Service, Inc; (B) For single premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, the average over a period of 12 months, ending on June 30 of the calendar year of issue or year of purchase, of Moody's Corporate Bond Yield Average Monthly Average Corporates, as published by Moody's Investors Service, Inc; (C) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a year of issue basis, except as stated in (B) above, with guarantee duration in excess of ten years, the lesser of the average over a period of 36 months and the average over a period of 12 months, ending on June 30 of the calendar year of issue or purchase, of Moody's Corporate Bond Yield Average Monthly Average Corporates, as published by Moody's Investors Service, Inc; (D) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a year of issue basis, except as stated in (B) above, with guarantee duration of ten years or less, the average over a period of 12 months, ending on June 30 of the calendar year of issue or purchase, of Moody's Corporate Bond Yield Average Monthly Average Corporates, as published by Moody's Investors Service, Inc; (E) For other annuities with no cash settlement options and for guaranteed interest contracts with no cash settlement options, the average over a period of 12 months, ending on June 30 of the calendar year of issue or purchase, of Moody's Corporate Bond Yield Average Monthly Average Corporates, as published by Moody's Investors Service, Inc;

Page 662

(F) For other annuities with cash settlement options and guaranteed interest contracts with cash settlement options, valued on a change in fund basis, except as stated in (B) above, the average over a period of 12 months, ending on June 30 of the calendar year of the change in the fund, of Moody's Corporate Bond Yield Average Monthly Average Corporates, as published by Moody's Investors Service, Inc. (7) In the event that Moody's Corporate Bond Yield Average Monthly Average Corporates is no longer published by Moody's Investors Service, Inc., or, in the event that the National Association of Insurance Commissioners determines that Moody's Corporate Bond Yield Average Monthly Average Corporates as published by Moody's Investors Service, Inc., is no longer appropriate for the determination of the reference interest rate, then the alternative method for determination of the reference interest rate, which is adopted by the National Association of Insurance Commissioners and approved by regulation promulgated by the Commissioner, may be substituted. (e) (1) Except as otherwise provided in subsections (f) and (g) reserves according to the Commissioner's 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 the future guaranteed benefits provided for by the policies over the then present value of any future modified net premiums therefor. The modified net premiums for the policy shall be the uniform percentage of the respective contract premiums for the benefits, excluding extra premiums on a substandard policy, that the present value at the date of issue of the policy of all the modified net premiums shall be equal to the sum of the then present value of the benefits provided for by the policy and the excess of subparagraph (A) of this subsection over subparagraph (B) of this subsection as follows: (A) 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 such policy on which a premium falls due; provided, however, that per annum payable on the first and each subsequent anniversary of the net level annual

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premium shall not exceed the net level 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 the policy; and (B) A net one-year term premium for the benefits provided for in the first policy year. Provided that for any life insurance policy issued on or after the effective date of subsection (h) of Code Section 33-25-4 for which the contract premium in the first policy year exceeds that of the second year and for which no comparable additional benefit is provided in the first year for such excess and which provides an endowment benefit or a cash surrender value or a combination thereof in an amount greater than such excess premium, the reserve according to the Commissioner's reserve valuation method as of any policy anniversary occurring on or before the assumed ending date defined herein as the first policy anniversary on which the sum of any endowment benefit and any cash surrender value then available is greater than such excess premium shall, except as otherwise provided in subsection (j), be the greater of the reserve as of such policy anniversary calculated as described in the preceding paragraph and the reserve as of such policy anniversary calculated as described in that paragraph, but with (i) the value defined in subparagraph (A) of that paragraph being reduced by 15 percent of the amount of such excess first year premium, (ii) all present values of benefits and premiums being determined without reference to premiums or benefits provided for by the policy after the assumed ending date, (iii) the policy being assumed to mature on such date as an endowment, and (iv) the cash surrender value provided on such date being considered as an endowment benefit. In making the above comparison the mortality and interest bases stated in subsection (d) shall be used. (2) Reserves according to the Commissioner's reserve valuation method for: (A) Life insurance policies providing for a varying amount of insurance or requiring the payment of varying premiums; (B) Group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation,

Page 664

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; (C) Disability and accidental death benefits in all policies and contracts; and (D) 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. (f) 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. Reserves according to the Commissioner's annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in the 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 the 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 the contract that become payable prior to the end of the respective contract 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 the contracts to determine nonforfeiture values. (g) In no event shall an insurer's aggregate reserve for all life insurance policies, excluding disability and accidental death benefits issued on or after January 1, 1966, be less than the aggregate reserves

Page 665

calculated in accordance with the methods set forth in subsections (e), (f), (j), and (k) of this Code section and the mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for the policies. (h) (1) Reserves for all policies and contracts issued prior to January 1, 1966, may be calculated, at the option of the insurer, according to any standards which produce greater aggregate reserves for all the policies and contracts than the minimum reserves required by the laws in effect immediately prior to that date. (2) For any category of policies, contracts, or benefits specified in subsection (d) of this Code section issued on or after January 1, 1966, 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 provided in this Code section; 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 in the policies and contracts. (i) An insurer who at any time had adopted any standard of valuation producing greater aggregate reserves than those calculated according to the minimum standard provided for in subsection (g) of this Code section may, with the approval of the Commissioner, adopt any lower standard of valuation but not lower than the minimum provided in this subsection. (j) If in any contract year the gross premium charged by any life insurer on any policy or contract issued on or after January 1, 1966, 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 the policy or contract but using the minimum valuation standards of mortality and rate of interest and replacing the valuation net premium by the actual gross premium in each contract year

Page 666

for which the valuation net premium exceeds the actual gross premium. The minimum valuation standards of mortality and rate of interest referred to in this Code section are those standards stated in subsection (d). Provided that for any life insurance policy issued on or after the effective date of subsection (h) of Code Section 33-25-4 for which the gross premium in the first policy year exceeds that of the second year and for which no comparable additional benefit is provided in the first year for such excess and which provides as an endowment benefit or a cash surrender value or a combination thereof in an amount greater than such excess premium, the foregoing provisions of this subsection (j) shall be applied as if the method actually used in calculating the reserve for such policy were the method described in subsection (e), ignoring the second paragraph of paragraph (1) of subsection (e). The minimum reserve at each policy anniversary of such a policy shall be the greater of the minimum reserve calculated in accordance with subsection (e), including the second paragraph of paragraph (1) of that subsection, and the minimum reserve calculated in accordance with this subsection (j). (k) In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurer based on then estimates of future experience, or in the case of any plan of life insurance or annuity which is of such a nature that the minimum reserves cannot be determined by the methods described in subsections (d), (e), (f) and (j), the reserves which are held under any such plan must: (1) Be appropriate in relation to the benefits and the pattern of premiums for that plan; and (2) Be computed by a method which is consistent with the principles of this Standard Valuation Law as determined by regulations promulgated by the Commissioner. Section 2. Said Title 33 is further amended by striking in its entirety paragraph (7) of subsection (a) of Code Section 33-25-3, relating to provisions in insurance policies, and inserting in lieu thereof a new paragraph (7) to read as follows:

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(7) In the case of policies which cause on a basis guaranteed in the policy unscheduled changes in benefits or premiums, or which provide an option for changes in benefits or premiums other than a change to a new policy, a statement of the mortality table, interest rate, and method used in calculating cash surrender values and the paid-up nonforfeiture benefits available under the policy. In the case of all other policies, a statement of the mortality table and interest rate used in calculating the cash surrender values and the paid-up nonforfeiture benefits available under the policy, together with a table showing the cash surrender value, if any, and paid-up nonforfeiture benefits, if any, available under the policy on each policy anniversary, either during the first 20 policy years or during the term of the policy, whichever is shorter, such values and benefits to be calculated upon the assumption that there are no dividends or paid-up additions credited to the policy and that there is no indebtedness to the insurer on the policy;. Section 3. Said Title 33 is further amended by striking in its entirety Code Section 33-25-4, relating to nonforfeiture values, and substituting in lieu thereof a new Code Section 33-25-4 to read as follows: (a) (1) Except as provided in subsection (f) of this Code section, no policy of life insurance issued on or after January 1, 1966, shall be delivered or issued for delivery in this state unless it shall contain the following provisions, or corresponding provisions which in the opinion of the Commissioner are at least as favorable to the defaulting or surrendering policyholder as are in the minimum requirements hereinafter specified and are essentially in compliance with subsection (h) of this Code section: (A) A provision that, in the event of default in any premium payment, the insurer will grant, upon proper request not later than 60 days after the due date of the premium in default, a paid-up nonforfeiture benefit on a plan stipulated in the policy, effective as of such due date, of such amount as specified in subsection (c) of this Code section. In lieu of such stipulated paid-up nonforfeiture benefit, the insurer may substitute, upon proper request not later than 60 days after the due date of the premium in default, an actuarially equivalent alternative paid-up nonforfeiture benefit which provides a greater amount or longer period of death benefits or, if applicable, a greater amount or earlier payment of endowment benefits;

Page 668

(B) A provision that, upon surrender of the policy, within 60 days after the due date of any premium payment in default, after premiums have been paid for at least three full years, the insurer will pay, in lieu of any paid-up nonforfeiture benefit, a cash surrender value of such amount as specified in subsection (b) of this Code section; (C) A provision that a specified paid-up nonforfeiture benefit shall become effective as specified in the policy unless the person entitled to make such election elects another available option not later than 60 days after the due date of the premium in default; (D) A provision that, if the policy shall have become paid up by completion of all premium payments, or if it is continued under any paid-up nonforfeiture benefit which became effective on or after the third policy anniversary, the insurer will pay, upon surrender of the policy within 30 days after any policy anniversary, a cash surrender value of such amount as specified in subsection (b) of this Code section; (E) An explanation of the manner in which the cash surrender values and the paid-up nonforfeiture benefits are altered by the existence of any paid-up additions, credited to the policy, or any indebtedness to the insurer on the policy; if a detailed statement of the method of computation of the values and benefits shown in the policy is not stated in the policy, a statement that the method of computation has been filed with the supervisory insurance official of the state in which the policy is delivered; and a statement of the method to be used in calculating the cash surrender value and paid-up nonforfeiture benefit available under the policy on any policy anniversary beyond the last anniversary for which the values and benefits are consecutively shown in the policy. (2) Any of the provisions or portions thereof set forth in subparagraphs (a)(1)(A) through (a)(1)(E) of this Code section not applicable by reason of the plan of insurance may, to the extent inapplicable, be omitted from the policy. (3) The insurer shall reserve the right to defer the payment of any cash surrender value for a period of six months after demand therefor with surrender of the policy.

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(b) (1) Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary, whether or not required by subsection (a) of this Code section, shall be an amount not less than the excess, if any, of the present value on the anniversary of the future guaranteed benefits which would have been provided for by the policy, including any existing paid-up additions, if there had been no default, over the sum of the then present value of the adjusted premiums as defined in subsections (d) and (e) of this Code section, corresponding to premiums which would have fallen due on and after the anniversary and the amount of any indebtedness to the insurer on account of or secured by the policy. (2) Provided, however, that for any policy issued on or after the operative date of subsection (e) of this Code section as defined therein, which provides supplemental life insurance or annuity benefits at the option of the insured and for an identifiable additional premium by rider or supplemental policy provision, the cash surrender value referred to in paragraph (1) of this subsection (b) shall be an amount not less than the sum of the cash surrender value as defined in such paragraph for an otherwise similar policy issued at the same age without such rider or supplemental policy provision and the cash surrender value as defined in such paragraph for a policy which provides only the benefits otherwise provided by such rider or supplemental policy provision. (3) Provided, further, that for any family policy issued on or after the operative date of subsection (e) of this Code section as defined therein, which defines a primary insured and provides term insurance on the life of the spouse of the primary insured expiring before the spouse's age 71, the cash surrender value referred to in paragraph (1) of this subsection (b) shall be an amount not less than the sum of the cash surrender value as defined in such paragraph for an otherwise similar policy issued at the same age without such term insurance on the life of the spouse and the cash surrender value as defined in such paragraph for a policy which provides only the benefits otherwise provided by such term insurance on the life of the spouse. (4) Any cash surrender value available within 30 days after any policy anniversary under any policy paid up by completion of all premium payments, or any policy continued under any paid-up

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nonforfeiture benefit, whether or not required by subsection (a) of this Code section, shall be an amount not less than the present value on the anniversary of the future guaranteed benefits provided for by the policy, including any existing paid-up additions, decreased by any indebtedness to the insurer on account of or secured by the policy. (c) Any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment due on any policy anniversary shall be such that its present value as of the anniversary shall be at least equal to the cash surrender value then provided for by the policy or, if none is provided for, that cash surrender value which would have been required by this Code section in the absence of the condition that premiums shall have been paid for at least a specified period. (d) (1) This subsection (d) shall not apply to policies issued on or after the operative date of subsection (e) as defined therein, except that, with respect to such policies for which the gross premium during the first policy year includes any additional amounts for which no comparable additional benefit is provided during that year, this subsection shall continue to apply until the effective date of subsection (h) of this Code section. Except as provided in paragraph (3) of this subsection, 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 (A) the then present value of the future guaranteed benefits provided for by the policy; (B) two percent of the amount of the insurance if the insurance be uniform in amount, or of the equivalent uniform amount, as defined in paragraph (3) of this subsection, if the amount of insurance varies with the duration of the policy; (C) forty percent of the adjusted premium for the first policy year; (D) twenty-five 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 (E) any additional

Page 671

amounts payable during the first policy year for which there are no comparable additional insurance benefits provided during that year. (2) The adjusted premiums shall be a single uniform percentage of the respective premiums specified in the policy for each policy year, unless the 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 the 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 for 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 items (C) and (D) of paragraph (1) of this subsection no adjusted premium shall be deemed to exceed 4 percent of the amount of insurance or uniform amount equivalent thereto. The date of issue of a policy for the purpose of this Code section shall be the date as of which the rated age of the insured is determined. (3) In the case of a policy providing an amount of insurance varying with the duration of the policy, the equivalent uniform amount of insurance, 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 ten, the equivalent uniform amount may be computed as though the amount of insurance provided by the policy prior to the attainment of age ten was the amount provided by the policy at age ten. 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 of insurance shall be determined on the amounts of insurance which would be effective if all the

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pure endowment benefits were applied to provide such additional amounts of paid-up life insurance. (4) The adjusted premiums for any policy providing term insurance benefits by rider or supplemental policy provision shall be equal to (A) 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 (B) the adjusted premiums for such term insurance, items (A) and (B) of this paragraph being calculated separately and as specified in paragraphs (1) through (3) of this subsection, except that, for the purpose of items (B), (C), and (D) of paragraph (1) of this subsection, the amount of insurance or equivalent uniform amount of insurance used in the calculation of the adjusted premiums referred to in item (B) of this paragraph 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 item (A) of this paragraph. (5) All adjusted premiums and present values referred to in this Code 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 on 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. Such rate of interest shall not exceed 3 percent per annum, except that a rate of interest not exceeding 4 percent per annum may be used for policies issued on or after July 1, 1973; and prior to July 1, 1979, a

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rate of interest not exceeding 5 percent per annum may be used for policies issued on or after July 1, 1979; and for any single premium whole life or endowment insurance policy, a rate of interest not exceeding 6 percent per annum may be used. 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. After January 1, 1968, when the Commissioners' 1961 Standard Industrial Mortality Table becomes applicable, such rates of mortality assumed may be not more than those shown in the Commissioners' 1961 Industrial Extended Term Insurance Table. For insurance issued on a substandard basis, the calculation of any 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. (e) (1) This subsection (e) shall apply to any life insurance policy issued on or after January 1, 1989, or such earlier date as may have been elected by the insurer with respect to such policy in accordance with the provisions of paragraph (11) of this subsection. Except as provided in paragraph (3) of this subsection, the adjusted premiums for any policy shall be calculated on an annual basis and shall be such uniform percentage of the respective premiums specified in the policy for each policy year, excluding amounts payable as extra premiums to cover impairments or special hazards and also excluding any uniform annual contract charge or policy fee specified in the policy in a statement of the method to be used in calculating the cash surrender values and paid-up nonforfeiture benefits, that the present value, at the date of issue of the policy, of all adjusted premiums shall be equal to the sum of (A) the then present value of the future guaranteed benefits provided for by the policy; (B) one percent of either the amount of insurance, if the insurance be uniform in amount, or the average amount of insurance at the beginning of each of the first ten policy years; and (C) 125 percent of the nonforfeiture net level premium as hereinafter defined; provided, however, that in applying the percentage specified in (C) above no nonforfeiture net level premium shall be deemed to exceed 4 percent of either the amount of insurance, if the insurance be uniform in amount, or the average

Page 674

amount of insurance at the beginning of each of the first ten policy years. The date of issue of a policy for the purpose of this subsection (e) shall be the date as of which the rated age of the insured is determined. (2) The nonforfeiture net level premium shall be equal to the present value, at the date of issue of the policy, of the guaranteed benefits provided for by the policy divided by the present value, at the date of issue of the policy, of an annuity of one per annum payable on the date of issue of the policy and on each anniversary of such policy on which a premium falls due. (3) In the case of policies which cause on a basis guaranteed in the policy unscheduled changes in benefits or premiums, or which provide an option for changes in benefits or premiums other than a change to a new policy, the adjusted premiums and present values shall initially be calculated on the assumption that future benefits and premiums do not change from those stipulated at the date of issue of the policy. At the time of any such change in the benefits or premiums the future adjusted premiums, nonforfeiture net level premiums and present values shall be recalculated on the assumption that the future benefits and premiums do not change from those stipulated by the policy immediately after the change. (4) Except as otherwise provided in paragraph (7) of this subsection, the recalculated future adjusted premiums for any such policy shall be such uniform percentage of the respective future premiums specified in the policy for each policy year, excluding amounts payable as extra premiums to cover impairments and special hazards, and also excluding any uniform annual contract charge or policy fee specified in the policy in a statement of the method to be used in calculating the cash surrender values and paid-up nonforfeiture benefits, that the present value, at the time of change to the newly defined benefits or premiums, of all such future adjusted premiums shall be equal to the excess of (A) the sum of (i) the then present value of the then future guaranteed benefits provided for by the policy and (ii) the additional expense allowance, if any, over (B) the then cash surrender value, if any, or present value of any paid-up nonforfeiture benefit under the policy. (5) The additional expense allowance, at the time of the change to the newly defined benefits or premiums, shall be the

Page 675

sum of (A) 1 percent of the excess, if positive, of the average amount of insurance at the beginning of each of the first ten policy years subsequent to the change over the average amount of insurance prior to the change at the beginning of each of the first ten policy years subsequent to the time of the most recent previous change, or, if there has been no previous change, the date of issue of the policy; and (B) 125 percent of the increase, if positive, in the nonforfeiture net level premium. (6) The recalculated nonforfeiture net level premium shall be equal to the result obtained by dividing (A) by (B) where (A) equals the sum of: (i) The nonforfeiture net level premium applicable prior to the change times the present value of an annuity of one per annum payable on each anniversary of the policy on or subsequent to the date of the change on which a premium would have fallen due had the change not occurred; and (ii) The present value of the increase in future guaranteed benefits provided for by the policy; and (B) Equals the present value of an annuity of one per annum payable on each anniversary of the policy on or subsequent to the date of change on which a premium falls due. (7) Notwithstanding any other provisions of this subsection to the contrary, in the case of a policy issued on a substandard basis which provides reduced graded amounts of insurance so that, in each policy year, such policy has the same tabular mortality cost as an otherwise similar policy issued on the standard basis which provides higher uniform amounts of insurance, adjusted premiums and present values for such substandard policy may be calculated as if it were issued to provide such higher uniform amounts of insurance on the standard basis. (8) All adjusted premiums and present values referred to in this section shall for all policies of ordinary insurance be calculated on the basis of (A) the Commissioner's 1980 Standard Ordinary Mortality Table or (B) at the election of the insurer for

Page 676

any one or more specified plans of life insurance, the Commissioner's 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors; shall for all policies of industrial insurance be calculated on the basis of the Commissioner's 1961 Standard Industrial Mortality Table; and shall for all policies issued in a particular calendar year be calculated on the basis of a rate of interest not exceeding the nonforfeiture interest rate as defined in this subsection (e) for policies issued in that calendar year; provided, however, that: (A) At the option of the insurer, calculations for all policies issued in a particular calendar year may be made on the basis of a rate of interest not exceeding the nonforfeiture interest rate, as defined in this subsection (e), for policies issued in the immediately preceding calendar year; (B) Under any paid-up nonforfeiture benefit, including any paid-up dividend additions, any cash surrender value available, whether or not required by subsection (a), shall be calculated on the basis of the mortality table and rate of interest used in determining the amount of such paid-up nonforfeiture benefit and paid-up dividend additions, if any; (C) An insurer may calculate the amount of any guaranteed paid-up nonforfeiture benefit including any paid-up additions under the policy on the basis of an interest rate no lower than that specified in the policy for calculating cash surrender values; (D) 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 may be not more than those shown in the Commissioner's 1980 Extended Term Insurance Table for policies of ordinary insurance and not more than the Commissioner's 1961 Industrial Extended Term Insurance Table for policies of industrial insurance; (E) For insurance issued on a substandard basis, the calculation of any such adjusted premiums and present values may be based on appropriate modifications of the aforementioned tables;

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(F) Any ordinary mortality tables, adopted after 1980 by the National Association of Insurance Commissioners, that are approved by regulation promulgated by the Commissioner for use in determining the minimum nonforfeiture standard may be substituted for the Commissioner's 1980 Standard Ordinary Mortality Table with or without Ten-Year Select Mortality Factors or for the Commissioner's 1980 Extended Term Insurance Table; (G) Any industrial mortality tables, adopted after 1980 by the National Association of Insurance Commissioners, that are approved by regulation promulgated by the Commissioner for use in determining the minimum nonforfeiture standard may be substituted for the Commissioner's 1961 Standard Industrial Mortality Table or the Commissioner's 1961 Industrial Extended Term Insurance Table. (9) The nonforfeiture interest rate per annum for any policy issued in a particular calendar year shall be equal to 125 percent of the calendar year statutory valuation interest rate for such policy as defined in the Standard Valuation Law, rounded to the nearer one quarter of one percent. (10) Notwithstanding any other provision in this title to the contrary, any refiling of nonforfeiture values or their methods of computation for any previously approved policy form which involves only a change in the interest rate or mortality table used to compute nonforfeiture values shall not require refiling of any other provisions of that policy form. (11) After the effective date of this subsection (e), any insurer may file with the Commissioner a written notice of its election to comply with the provisions of this subsection with respect to specified policy forms after a specified date before January 1, 1989, which shall be the operative date of this subsection for such specified policy forms. If an insurer makes no such election, the operative date of this subsection for such insurer shall be January 1, 1989. (f) In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurer based on then estimates of future experience, or in the case of any plan of life insurance which is of such a

Page 678

nature that minimum values cannot be determined by the methods described in subsections (a), (b), (c), (d) or (e) herein, then: (1) The Commissioner must be satisfied that the benefits provided under the plan are substantially as favorable to policyholders and insureds as the minimum benefits otherwise required by subsections (a) through (e) of this Code section herein; (2) The Commissioner must be satisfied that the benefits and the pattern of premiums of that plan are not such as to mislead prospective policyholders or insureds; (3) The cash surrender values and paid-up nonforfeiture benefits provided by such plan must not be less than the minimum values and benefits required for the plan computed by a method consistent with the principles of this Code Section 33-25-4, as determined by regulations promulgated by the Commissioner. (g) Any cash surrender value and any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment due at any time other than on the policy anniversary shall be calculated with allowance for the lapse of time and the payment of fractional premiums beyond the last preceding policy anniversary, except that in the case of industrial insurance, proportionate increases in value may be calculated on the basis of quarter-year payment. All values referred to in subsections (b) through (e) of this Code section may be calculated upon the assumption that any death benefit is payable at the end of the policy year of death. The net value of any paid-up additions, other than paid-up term additions, shall be not less than the amounts used to provide such additions. Notwithstanding subsection (b) of this Code section, additional benefits payable (1) in the event of death or dismemberment by accident or accidental means; (2) in the event of total and permanent disability; (3) as reversionary annuity or deferred reversionary annuity benefits; (4) as term insurance benefits provided by a rider or supplemental policy provision to which, if issued as a separate policy, this Code section would not apply; (5) as term insurance on the life of a child, or on the lives of children provided in a policy on the life of a parent of the child, if the term insurance expires before the child attains age 26, is uniform in amount after the child attains age one and has not become paid up by reason of the death of a parent of the child; or (6) as other policy benefits additional to life insurance and endowment benefits, and premiums for all such additional benefits shall be

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disregarded in ascertaining cash surrender values and nonforfeiture benefits required by this Code section, and no such additional benefits shall be required to be included in any paid-up nonforfeiture benefits. (h) (1) This subsection (h), in addition to all other applicable subsections of this Code section, shall apply to all policies issued on or after January 1, 1986, except that, with respect to such policies for which the gross premium during the first policy year includes any additional amounts for which no comparable additional benefit is provided during that year, this subsection shall apply to any such policies issued after a specified operative date before January 1, 1986, as defined in subsection (e) of this Code section. Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary shall be in an amount which does not differ by more than two tenths of 1 percent of either the amount of insurance, if the insurance be uniform in amount, or the average amount of insurance at the beginning of each of the first ten policy years, from the sum of (A) the greater of zero and the basic cash value hereinafter specified and (B) the present value of any existing paid-up additions less the amount of any indebtedness to the insurer under the policy. (2) The basic cash value shall be equal to the present value on such anniversary of the future guaranteed benefits which would have been provided for by the policy, excluding any existing paid-up additions and before deduction of any indebtedness to the insurer, if there had been no default, less the then present value of the nonforfeiture factors, as hereinafter defined, corresponding to premiums which would have fallen due on and after such anniversary; provided, however, that the effects on the basic cash value of supplemental life insurance or annuity benefits or of family coverage, as described in subsection (b) or (d), whichever is applicable, shall be the same as are the effects specified in subsection (2) or (d), whichever is applicable, on the cash surrender values defined in that subsection. (3) The nonforfeiture factor for each policy year shall be an amount equal to a percentage of the adjusted premium for the policy year, as defined in subsection (d) or (e), whichever is applicable. Except as is required by the next succeeding sentence of this paragraph (3), such percentage:

Page 680

(A) Must be the same percentage for each policy year between the second policy anniversary and the later of (i) the fifth policy anniversary and (ii) the first policy anniversary at which there is available under the policy a cash surrender value in an amount, before including any paid-up additions and before deducting any indebtedness, of at least two tenths of 1 percent of either the amount of insurance, if the insurance be uniform in amount, or the average amount of insurance at the beginning of each of the first ten policy years; and (B) Must be such that no percentage after the later of the two policy anniversaries specified in the preceding sub-paragraph (A) may apply to fewer than five consecutive policy years. (4) Provided, that no basic cash value may be less than the value which would be obtained if the adjusted premiums for the policy, as defined in subsection (d) or (e), whichever is applicable, were substituted for the nonforfeiture factors in the calculation of the basic cash value. (5) All adjusted premiums and present values referred to in this subsection (h) shall for a particular policy be calculated on the same mortality and interest bases as are used in demonstrating the policy's compliance with the other subsections of this Code section. The cash surrender values referred to in this subsection shall include any endowment benefits provided for by the policy. (6) Any cash surrender value available other than in the event of default in a premium payment due on a policy anniversary, and the amount of any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment shall be determined in manners consistent with the manners specified for determining the analogous minimum amounts in subsections (a), (b), (c), (e) and (g). The amounts of any cash surrender values and of any paid-up nonforfeiture benefits granted in connection with additional benefits such as those listed as items (1) through (6) in subsection (g) shall conform with the principles of this subsection (h).

Page 681

(i) Exceptions. This Code section shall not apply to any of the following: (1) reinsurance; (2) group insurance; (3) pure endowment; (4) annuity or reversionary annuity contract; (5) term policy of uniform amount, which provides no guaranteed nonforfeiture or endowment benefits, or renewal thereof, of 20 years or less expiring before age 71, for which uniform premiums are payable during the entire term of the policy; (6) term policy of decreasing amount, which provides no guaranteed nonforfeiture or endowment benefits, on which each adjusted premium, calculated as specified in subsections (d) and (e) of this Code section is less than the adjusted premium so calculated on a term policy of uniform amount, or renewal thereof, which provides no guaranteed nonforfeiture or endowment benefits, issued at the same age and for the same initial amount of insurance and for a term of 20 years or less expiring before age 71, for which uniform premiums are payable during the entire term of the policy; nor (7) Policy, which provides no guaranteed nonforfeiture or endowment benefits, for which no cash surrender value, if any, or present value of any paid-up nonforfeiture benefit, at the beginning of any policy year, calculated as specified in subsections (b), (c), (d) and (e), exceeds 2 1/2 percent of the amount of insurance at the beginning of the same policy year. For purposes of determining the applicability of this Code section, the age at expiry for a joint term life insurance policy shall be the age at expiry of the oldest life. Section 4. This Act shall become effective November 1, 1982.

Page 682

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1982. PROBATE COURT JUDGES TRAINING. Code Section 15-9-1.1 Enacted. No. 1203 (Senate Bill No. 564). AN ACT To amend the Official Code of Georgia Annotated, so as to require certain initial training for persons who serve as judges of the probate court; to provide for continued annual training; to exclude certain years of service from retirement eligibility; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Official Code of Georgia Annotated is amended by adding between Code Sections 15-9-1 and 15-9-2 a new Code section, to be designated Code Section 15-9-1.1, to read as follows: 15-9-1.1. (a) Any person who is or was elected, appointed, or made a judge of the probate court by operation of law on or prior to January 1, 1983, shall satisfactorily complete the required initial training course in the performance of his duties conducted by the Institute of Continuing Judicial Education of Georgia and shall file a certificate of such training issued by such institute with the secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia on or before December 31, 1983, in order to become a certified judge of the probate court. The time and place of such training course and number of hours shall be determined by the Executive Probate Judges Council of Georgia and the Institute of Continuing Judicial Education of Georgia.

Page 683

(b) Any person who is elected, appointed, or becomes a judge of the probate court by operation of law after January 1, 1983, and who does not satisfactorily complete the initial training course prescribed by the Executive Probate Judges Council of Georgia and the Institute of Continuing Judicial Education of Georgia or who does not file a certificate of such training issued by the Institute of Continuing Judicial Education of Georgia with the secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia within one year after taking office as a judge of the probate court shall become a certified judge of the probate court upon completion of such requirements at any later time. (c) Each judge of the probate court shall be required to complete additional training prescribed by the Executive Probate Judges Council of Georgia and the Institute of Continuing Judicial Education of Georgia during each year he serves as a judge of the probate court after the initial year of training and shall file a certificate of such additional training issued by the Institute of Continuing Judicial Education of Georgia with the secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia. (d) For each year the training course required by subsection (a) or (b) or the additional training required by subsection (c) is not completed and the certificate not filed with the secretary-treasurer, such judge of the probate court will not receive credit for that year of service for determining eligibility for retirement under the Judges of the Probate Courts Retirement Fund of Georgia; provided, however, that, if a judge fails to take the required training in any given year, he may make up such deficiency, in the next succeeding year only, by taking such additional training as may be prescribed for such purpose by the Executive Probate Judges Council and the Institute of Continuing Judicial Education of Georgia and filing an appropriate certificate of such training with the secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia. (e) All expenses of training authorized or required by this Code section, including any tuition which may be fixed by the Institute of Continuing Judicial Education, shall be paid by the probate judge taking the training; but he shall be reimbursed by the Institute of Continuing Judicial Education of Georgia to the extent that funds are available to the institute for such purpose; provided, however, if such funds are not available, each probate judge shall be reimbursed from county funds by action of the county governing authority.

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Section 2. Said Code is further amended by adding at the end of Code Section 47-11-70, relating to eligibility for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, a new subsection (c) to read as follows: (c) Notwithstanding any other provisions of law, a judge of the probate court may not include service for eligibility purposes for years in which the judge has not completed the training requirements set out in Code Section 15-9-1.1. Section 3. This Act shall become effective November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GEORGIA EDUCATIONAL IMPROVEMENT COUNCIL NAME CHANGED, ETC. Code Title 20, Chapter 7 Amended. Code Section 47-3-1 Amended. No. 1204 (Senate Bill No. 660). AN ACT To amend Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Educational Improvement Council, so as to change the name of said agency to the Legislative Educational Research Council; to change the provisions relative to coverage of employees under the State Merit System of Personnel Administration; to provide for other matters relative thereto; to amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions under the Teachers Retirement System, so as to delete a reference therein to the Georgia Educational Improvement Council; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 685

Be it enacted by the General Assembly of Georgia: Section 1. Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Educational Improvement Council, is amended by striking subsection (a) of Code Section 20-7-1 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) There is created as an agency of the legislative branch of the state government the Legislative Educational Research Council, referred to in this chapter as `the council,' which shall be composed of ten members, as follows: the President of the Senate, the Speaker of the House of Representatives, two Representatives appointed by the Speaker, two Senators appointed by the President of the Senate, the chairman of the Elementary and Secondary Education Committee of the Senate, the chairman of the University System of Georgia Committee of the Senate, the chairman of the Education Committee of the House, and the chairman of the University System of Georgia Committee of the House of Representatives. The members shall serve for the term of office for which they were elected as members of the General Assembly, and any vacancy occurring during such term shall be filled by appointment of the President in the case of Senators and by appointment of the Speaker in the case of Representatives. Any such member shall be eligible for reappointment in the event he continues to be a member of the General Assembly. Successors to initial members and all future successors shall serve for the term for which they were elected to membership in the General Assembly. Section 2. Said Chapter 7 is further amended by striking subsection (b) of Code Section 20-7-3 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The council is authorized to employ an executive director and such other personnel as may be necessary to carry out the duties of the council. The executive director and other employees of the council shall be under the Employees' Retirement System, but only secretarial and clerical employees shall be under the State Merit System of Personnel Administration. Section 3. Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions under the Teachers Retirement System, is amended by striking subparagraph (Q) of paragraph (28) which reads as follows:

Page 686

(Q) The director and any associate directors of the Georgia Educational Improvement Council. The council shall pay the required employer contributions;, in its entirety. Section 4. This Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. PERFORMANCE BONDS FOR PUBLIC CONTRACTS. Code Sections 23-1705, 13-10-1 Amended. No. 1205 (Senate Bill No. 678). AN ACT To amend Code Section 23-1705, relating to requirements of payment and performance bonds for public contracts, so as to change the provisions relating to exemption of contracts below a certain price; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. Code Section 23-1705, relating to requirements of payment and performance bonds for public contracts, is amended by striking paragraph (3) in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:

Page 687

(3) Provided, however, that this section shall not apply when the total contract price does not exceed $20,000.00; but the state, any department or agency thereof, a county, municipal corporation, or any public board or body thereof may in its discretion require performance and payment bonds for any public works contract. Part 2 Section 2. Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, is amended by striking Code Section 13-10-1 in its entirety and inserting in lieu thereof a new Code section 13-10-1 to read as follows: 13-10-1. (a) No contract with this state, a county, municipal corporation, or any other public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give: (1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the work is to be done. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract. This bond shall not be required when a bond is required under Code Section 36-10-4; (2) A payment bond with good and sufficient surety or sureties, payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract. (b) This Code section shall not apply where the total contract price does not exceed $20,000.00; provided, however, that the state, any department or agency thereof, a county, municipal corporation, or any public board or body thereof may in its discretion require performance and payment bonds for any public works contract.

Page 688

Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. ELECTIONS REGISTRATION, ETC. OF ELECTORS. Code Sections 34-632, 21-2-241 Amended. No. 1206 (House Bill No. 56). AN ACT To amend Code Chapter 34-6, relating to registration of electors, as amended, so as to change certain rules for determining residence of persons desiring to register to vote; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 34-6, relating to registration of electors, as amended, is amended by striking subsections (f) and (g) of Code

Page 689

Section 34-632, relating to rules for determining residence, which read as follows: (f) The place where a man's family resides shall be considered his residence, but if it be a temporary establishment for his family, or for transient purposes, it shall not be so considered; (g) If a man has his family living in one place and he does business in another, the former shall be considered his residence, but when a man has taken up his abode at any place with the intention of remaining there, and his family refuses to reside with him, then such place shall be considered his residence; a married woman not living in a household with her husband may establish a separate voting residence from that of her husband;, and by redesignating subsections (h) through (l) as subsections (g) through (k), respectively, and by adding a new subsection (f) to read as follows: (f) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse;, so that when so amended said Code Section 34-632 shall read as follows: Section 34-632. Rules for determining residence. In determining the residence of a person desiring to register to vote, the following rules shall be followed so far as they are applicable: (a) The residence of any person shall be held to be in that place in which his habitation is fixed, without any present intention of removing therefrom, and to which, whenever he is absent, he intends to return; (b) A person shall not be considered to have lost his residence who leaves his home and goes into another state, or county in this state, for temporary purposes only, with the intention of returning, unless said person shall register to vote or perform other acts indicating a desire to change his citizenship and residence; (c) A person shall not be considered to have gained a residence in any county of this state into which he has come for temporary

Page 690

purposes only, without the intention of making such county his permanent place of abode; (d) If a person removes to another state with the intention of making it his residence, he shall be considered to have lost his residence in this state; (e) If a person removes to another state with the intention of remaining there an indefinite time and making such state his place of residence, he shall be considered to have lost his residence in this state, notwithstanding he may intend to return at some indefinite future period; (f) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse; (g) The mere intention to acquire a new residence, without the fact of removal, shall avail nothing, neither shall the fact of removal without the intention; (h) No member of the armed forces of the United States shall be deemed to have acquired a residence in this state by reason of being stationed on duty in this state; (i) If a person removes to the District of Columbia or other federal territory, another state, or foreign country to engage in the government service, he shall not be considered to have lost his residence in this state during the period of such service, and the place where the person resided at the time of his removal shall be considered and held to be his place of residence; (j) If a person is adjudged mentally ill and is committed to an institution for the mentally ill, he shall not be considered to have gained a residence for voting purposes in the county in which the institution to which he is committed is located; and (k) If a person goes into another state and while there exercises the right of a citizen by voting, he shall be considered to have lost his residence in this state.

Page 691

Part 2 Section 2. Code Section 21-2-241 of the Official Code of Georgia Annotated, relating to determining residences for voting purposes, is amended by striking paragraphs (6) and (7) which read as follows: (6) The place where a man's family resides shall be considered his residence, but if it be a temporary establishment for his family, or for transient purposes, it shall not be so considered; (7) If a man has his family living in one place and he does business in another, the former shall be considered his residence, but when a man has taken up his abode at any place with the intention of remaining there, and his family refuses to reside with him, then such place shall be considered his residence; a married woman not living in a household with her husband may establish a separate voting residence from that of her husband;, and inserting new paragraphs (6) and (7) to read as follows: (6) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse; (7) Reserved;. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

Page 692

Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. LIABILITY FOR EMERGENCY HEALTH CARE. Code Sections 88-3114, 31-11-8 Amended. No. 1207 (House Bill No. 84). AN ACT To amend Code Section 88-3114, relating to liability for emergency care, so as to provide immunity from civil liability for certain conduct by physicians as medical advisers to ambulance services; to amend the Official Code of Georgia accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 88-3114, relating to liability for emergency care, is amended by adding before the first sentence thereof the following: (a), and by adding at the end thereof the following new subsections (b) and (c): (b) A physician shall not be civilly liable for damages resulting from that physician's acting as medical adviser to an ambulance service, pursuant to Code Section 88-3118, if those damages are not a result of that physician's willful and wanton negligence.

Page 693

(c) The immunity provided in this Code section shall apply only to those persons who perform the aforesaid emergency services for no remuneration., so that when so amended said Code section shall read as follows: Section 88-3114. Liability. (a) Any person, including agents and employees, who is licensed to furnish ambulance service and who in good faith renders emergency care to a person who is a victim of an accident or emergency shall not be liable for any civil damages to such victim as a result of any act or omission by such person in rendering such emergency care to such victim. (b) A physician shall not be civilly liable for damages resulting from that physician's acting as medical adviser to an ambulance service, pursuant to Code Section 88-3118, if those damages are not a result of that physician's willful and wanton negligence. (c) The immunity provided in this Code section shall apply only to those persons who perform the aforesaid emergency services for no remuneration. Part 2 Section 2. Code Section 31-11-8 of the Official Code of Georgia Annotated, relating to liability for persons rendering emergency care, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 31-11-8 to read as follows: 31-11-8. (a) Any person, including agents and employees, who is licensed to furnish ambulance service and who in good faith renders emergency care to a person who is a victim of an accident or emergency shall not be liable for any civil damages to such victim as a result of any act or omission by such person in rendering such emergency care to such victim. (b) A physician shall not be civilly liable for damages resulting from that physician's acting as medical adviser to an ambulance service, pursuant to Code Section 31-11-50, if those damages are not a result of that physician's willful and wanton negligence. (c) The immunity provided in this Code section shall apply only to those persons who perform the aforesaid emergency services for no remuneration.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. CORPORATIONS DISSENT FROM CERTAIN CORPORATE ACTIONS. Code Sections 22-1201, 14-2-250 Amended. No. 1208 (House Bill No. 455). AN ACT To amend Code Section 22-1201, relating to the right of shareholders to dissent from certain corporate actions, as amended, so as to provide a right of dissent from any amendment of the articles of incorporation which would adversely affect such shareholder by imposing, altering, or abolishing any restriction on the transfer of any of his shares; to provide for construction; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 695

Part 1 Section 1. Code Section 22-1201, relating to the right of shareholders to dissent from certain corporate actions, as amended, is hereby amended by striking the period at the end of Code Section 22-1201(a)(4)(G) and inserting in lieu thereof ; or and by adding a new Code Section 22-1201(a)(4)(H) to read as follows: (H) Imposing, altering, or abolishing any restriction on the transfer of any of his shares. Section 2. Nothing contained herein shall be construed as affecting the continuing existence, effectiveness, or applicability of subsection (d) of Code Section 22-1201. Part 2 Section 3. Code Section 14-2-250 of the Official Code of Georgia Annotated, relating to corporate actions from which shareholders may dissent, is amended by striking subparagraphs (F) and (G) of paragraph (4) of subsection (a) and inserting in place thereof new paragraphs to read as follows: (F) Reducing the stated dividend preference of any of his preferred shares; (G) Reducing any stated preferential amount payable on any of his preferred shares upon voluntary or involuntary liquidation; or (H) Imposing, altering, or abolishing any restriction on the transfer of any of his shares. Part 3 Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. CORPORATIONS CORPORATE TAKEOVERS. Code Sections 22-1902, 22-1907, 14-6-2, 14-6-7 Amended. No. 1209 (House Bill No. 456). AN ACT To amend Code Chapter 22-19, relating to corporate takeovers, so as to provide that the commissioner shall treat as confidential and not subject to public inspection registration statements and hearings, together with the records made therein, except in specified circumstances; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 22-19, relating to corporate takeovers, is hereby amended by adding a new subsection (i) at the end of Code Section 22-1902 to read as follows: (i) The commissioner shall treat as confidential and not subject to public inspection each registration statement, including all amendments with respect thereto, filed pursuant to subsection (b) until such time as the registration statement becomes effective or has been abandoned, unless he shall determine that such treatment is not consistent with public interest, in which case he may make public such of the filed information as he may deem necessary for the protection of public interest.

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Section 2. Said Code chapter is further amended by striking subsection (a) of Code Section 22-1907 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any formal hearing held pursuant to the provisions of this chapter shall be conducted in accordance with the provisions of Section 17 of the `Georgia Securities Act of 1973,' as now or hereafter amended. Notwithstanding the provisions of Section 17 or any other provision of law, each such hearing shall be conducted in private and shall not be open to the public, and the record made therein shall be treated as confidential and shall not be open to public inspection until filed information which is the subject of such hearing is made public pursuant to subsection (i) of Code Section 22-1902. Part 2 Section 3. Chapter 6 of Title 14 of the Official Code of Georgia Annotated, relating to corporate takeovers, is amended by adding to Code Section 14-6-2 a new subsection (i) to read as follows: (i) The commissioner shall treat as confidential and not subject to public inspection each registration statement, including all amendments with respect thereto, filed pursuant to subsection (b) until such time as the registration statement becomes effective or has been abandoned, unless he shall determine that such treatment is not consistent with public interest, in which case he may make public such of the filed information as he may deem necessary for the protection of public interest. Section 4. Said chapter is further amended by striking subsection (a) of Code Section 14-6-7 and inserting in its place a new subsection to read as follows: (a) Any formal hearing held pursuant to this chapter shall be conducted in accordance with Code Section 10-5-16. However, notwithstanding the provisions of Code Section 10-5-16 or any other provision of law each such hearing shall be conducted in private and shall not be open to the public, and the record made therein shall be treated as confidential and shall not be open to public inspection until filed information which is the subject of such hearing is made public pursuant to subsection (i) of Code Section 14-6-2.

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Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. STATE BUILDING ADMINISTRATIVE BOARD FUNCTIONS TRANSFERRED, ETC. Code Section 8-2-24 Amended. No. 1210 (House Bill No. 460). AN ACT To amend an Act providing for the transfer of functions, personnel, and equipment from the State Building Administrative Board to the Department of Community Affairs, approved March 31, 1980 (Ga. L. 1980, p. 1316), so as to add a municipal or county code enforcement official to the advisory board to the commissioner of the Department of Community Affairs; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

Page 699

Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act providing for the transfer of functions, personnel, and equipment from the State Building Administrative Board to the Department of Community Affairs, approved March 31, 1980 (Ga. L. 1980, p. 1316), is amended by striking in its entirety paragraph (1) of subsection (e) of Section 4 and inserting in lieu thereof a new paragraph (1) to read as follows: (1) For the purpose of assisting the department in carrying out the provisions of this section, the commissioner shall appoint an advisory committee to be composed of 16 members as follows: (A) The Georgia Safety Fire Commissioner, or his designee as an ex officio member with full voting privileges, (B) The Commissioner of the Department of Human Resources or his designee as an ex officio member with full voting privileges, (C) The Commissioner of the Bureau of Community Affairs or his designee as an ex officio member with full voting privileges, (D) One representative from municipal government, (E) One representative of county government, (F) One representative of home builders, (G) One representative of savings and loan institutions, (H) One representative of the profession of architecture, (I) One representative of the consulting engineering profession engaged in civil, mechanical, structural, or electrical practice, (J) One representative of the mobile home industry, (K) One representative of contractors,

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(L) One electrical contractor from the state at large, (M) One building material dealer, (N) One plumbing contractor, (O) One conditioned air contractor, and (P) One municipal or county code enforcement official. Section 2. The initial code enforcement official appointed pursuant to this Act shall be appointed for a term to expire on the same date as the terms of the members. Thereafter, successor code enforcement official members shall be appointed for a term of four years. Part 2 Section 3. Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to building standards and requirements, is amended by striking Code Section 8-2-24 in its entirety and inserting in lieu thereof a new Code Section 8-2-24 to read as follows: 8-2-24. (a) For the purpose of assisting the department in carrying out the provisions of Code Section 8-2-23, the commissioner shall appoint an advisory committee to be composed of 16 members as follows: (1) The Georgia Safety Fire Commissioner or his designee as an ex officio member with full voting privileges; (2) The commissioner of human resources or his designee as an ex officio member with full voting privileges; (3) The commissioner of community affairs or his designee as an ex officio member with full voting privileges; (4) One representative of municipal government; (5) One representative of county government; (6) One representative of the home building industry;

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(7) One representative of savings and loan institutions; (8) One representative of the profession of architecture; (9) One representative of the consulting engineering profession engaged in civil, mechanical, structural, or electrical practice; (10) One representative of the mobile home industry; (11) One representative of contractors; (12) One electrical contractor from the state at large; (13) One building material dealer; (14) One plumbing contractor; (15) One conditioned-air contractor; and (16) One municipal or county code enforcement official. (b) All appointments to the committee shall be for a term of four years; provided, however, that the initial code enforcement official appointed pursuant to this Code section shall be appointed for a term to expire on the same date as the terms of other members. A member shall serve until his successor has been duly appointed. The commissioner shall make appointments to fill the unexpired portion of any term vacated for any reason. In making such appointments, the commissioner shall preserve the composition of the committee as required by this Code section. Any appointive member who, during his term, ceases to meet the qualifications for original appointment shall thereby forfeit his membership on the committee. The commissioner shall have until July 30, 1980, to appoint the members of the committee. Membership on the committee shall not constitute public office, and no member shall be disqualified from holding public office by virtue of his membership. Each member of the committee shall serve without compensation, but each member of the committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by him while attending called meetings of the committee. (c) Any amendment, modification, or new provision to the state minimum standard codes or the Georgia State Energy Code for Buildings, when such are prepared, proposed, or recommended by the

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department, shall, prior to their submission to the board for approval, be submitted to the advisory committee for review and consideration. The department shall not forward any such amendment, modification, or new provision to the board without a favorable recommendation of a majority of the advisory committee. Part 3 Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. DISTRIBUTION OF APPELLATE COURT REPORTS, GA. LAWS, ETC. Code Sections 90-210, 101-205, 50-11-10, 50-18-31 Amended. No. 1211 (House Bill No. 629). AN ACT To amend Code Section 90-210, relating to distribution of appellate reports, as amended, so as to authorize chief judges of judicial circuits to discontinue or restore distribution of copies of appellate reports to counties within such circuits under certain conditions; to

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amend Code Section 101-205, relating to distribution and sale of copies of laws and journals, as amended, so as to authorize chief judges of judicial circuits to discontinue or restore distribution of sets of Georgia Session Laws and legislative journals to counties within such circuits under certain conditions; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 90-210, relating to distribution of copies of appellate reports, as amended, is hereby amended by adding at the end of subsection (d) thereof the following new paragraph: Notwithstanding the provisions of this subsection regarding distribution of copies to superior courts and to judges of the probate courts, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of copies of reports, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one copy of each report shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public. Section 2. Code Section 101-205, relating to distribution and sale of copies of laws and journals, as amended, is hereby amended by adding at the end of subsection (a) thereof, relating to Georgia Session Laws, the following new paragraph: Notwithstanding the provisions of this subsection regarding distribution of sets of session laws to superior courts and to judges of the probate court, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of sets of session laws, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one set of each session laws shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public.

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Section 3. Code Section 101-205, relating to distribution and sale of laws and journals, as amended, is hereby amended by striking from subsection (b) thereof, relating to journals of the House and Senate, the following: Judge of the Probate Court..... one set (each county), and inserting in lieu thereof the following: Judge of the Probate Court..... one set (each county) The chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of that county's set of journals, as such judge determines the needs therefor, upon written request to the librarian. Part 2 Section 4. Code Section 50-11-10, relating to distribution of laws and journals by the state librarian, is amended by adding at the end new subsections (d) and (e) to read as follows: (d) Notwithstanding the provisions of paragraph (1) of subsection (a) of this Code section, regarding distribution of sets of session laws to superior courts and to judges of the probate court, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of sets of session laws, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one set of each session laws shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public. (e) Notwithstanding the provisions of paragraph (2) of subsection (a) of this Code section regarding distribution of journals to judges of the probate court, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of that county's set of journals, as such judge determines the needs therefor, upon written request to the librarian.

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Section 5. Code Section 50-18-31 of the Official Code of Georgia Annotated, relating to the procedure for distribution of reports, is amended by adding at the end thereof a new paragraph (5) to read as follows: (5) Notwithstanding the provisions of paragraph (4) of this Code section regarding distribution of reports to superior courts and to judges of the probate courts, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of copies of reports, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one copy of each report shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public. Part 3 Section 6. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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CHILDREN AND YOUTH ACT AMENDED. Code Title 49, Chapter 5 Amended. No. 1212 (House Bill No. 638). AN ACT To amend the Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, so as to change the definitions relating to child welfare agencies, family day-care homes and day-care centers; to define the term group day-care home; to change certain references; to require registrations in certain situations; to require review of certain regulations; to require the Department of Human Resources to publish guidelines for day-care; to provide for fire inspections of group day-care homes and day-care centers; to provide for the review, modification, and application of fire safety codes; to amend the Official Code of Georgia Annotated accordingly; to provide certain exceptions to the requirements of Code Section 26-2-371, relating to permits for the operation of food service establishments; to provide effective dates; 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: Part 1 Section 1. The Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, is amended by striking in its entirety subsection (r) of Section 3 and inserting in lieu thereof a new subsection (r) to read as follows: (r) `Child welfare agency,' as used in Section 14 of this Act, shall mean: `child-caring institution,' `child-placing agency,' `maternity home,' `family boarding home,' `family day-care home,' `group day-care home,' and `day-care center.' Section 2. Said Act is further amended by striking in their entirety subsections (w) and (x) of Section 3, which read as follows: (w) `Family day-care home' shall mean a home operated by any person who receives therein for pay three (3) or more children under

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seventeen (17) years of age, who are not related to such person and whose parents or guardians are not residents in the same house, for daytime supervision and care, without transfer of custody. (x) `Day-care center' shall mean any place operated by a person, society, agency, corporation or institution, or any group wherein are received for pay seven (7) or more children under eighteen (18) years of age for group care, without transfer of custody, for less than twenty-four (24) hours per day., and inserting in lieu thereof new subsections (w), (x), and (y) to read as follows: (w) `Family day-care home' shall mean a private residence operated by any person who receives therein for pay three but not more than six children under 18 years of age, who are not related to such person and whose parents or guardians are not residents in the same private residence, for supervision and care, without transfer of custody, for less than 24 hours per day. (x) `Day-care center' shall mean any place operated by a person, society, agency, corporation or institution, or any group wherein are received for pay 19 or more children under 18 years of age for group care, without transfer of custody, for less than 24 hours per day. (y) `Group day-care home' shall mean any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day. Section 3. Said Act is further amended by striking subsection (a) of Section 14 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) Annual License; Standards.All child welfare agencies, as defined in subsection (r) of Section 3 of this Act, shall be licensed annually by the department in accordance with procedures, standards, rules, and regulations to be established by the Board; provided, however, that, in lieu of licensure, the department may require persons who operate family day-care homes to register with the department. The Board shall develop and publish standards for licensing of child welfare agencies. A license issued to a child welfare agency shall be deemed approval of all

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family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by the licensed agency as a part of its work, subject to provisions of this Act and rules and regulations of the Board. (2) The department shall have the responsibility to review existing day-care regulations to determine which regulations are necessary to safeguard and protect the well-being and general welfare of children and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed rule changes shall be submitted to the Board of Human Resources no later than November 1, 1982. Copies of the proposed changes shall be submitted to the Lieutenant Governor, the Speaker of the House of Representatives, and the chairmen of the Senate Human Resources Committee and the House Health and Ecology Committee. (3) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care. Section 4. Said Act is further amended by adding between Sections 14 and 15 a new section, to be designated Section 14A, to read as follows: Section 14A. Fire Inspections. (a) Fire inspections of group day-care homes and day-care centers shall be performed by local fire departments or local fire marshals. Such local fire departments or local fire marshals shall be responsible for enforcing fire safety standards within their jurisdictions and shall: (1) Conduct fire safety inspections of group day-care homes and day-care centers at least once a year using the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for day-care centers by the Board of Human Resources or using any subsequent applicable code adopted by such Board pursuant to Section 14B; and (2) Issue permanent and temporary certificates of occupancy.

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(b) If local fire departments or local fire marshals are unable or unwilling to perform fire inspections of group day-care homes and day-care centers, the department shall assume such responsibility. Section 5. Said Act is further amended by adding between Sections 14A and 15 a new section, to be designated Section 14B, to read as follows: Section 14B. Fire Safety Codes. The department shall have the responsibility to review new fire safety codes and make recommendations to the Board. The Board may modify any new fire safety codes. Any day-care center constructed after November 1, 1982, shall comply with such codes; provided, however, that day-care centers in operation, under construction, or with approved plans prior to November 1, 1982, shall comply with the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for day-care centers by the Board and shall remain in compliance with that code as modified as long as the day-care center is operated at the same location. Part 2 Section 6. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by striking in its entirety paragraph (4) of Code Section 49-5-3 and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Day-care center' means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for fewer than 24 hours per day without transfer of legal custody 19 or more children under 18 years of age. Section 7. Said chapter is further amended by striking in its entirety paragraph (8) of Code Section 49-5-3 and inserting in lieu thereof a new paragraph (8) to read as follows: (8) `Family day-care home' means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence.

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Section 8. Said chapter is further amended by adding at the end of Code Section 49-5-3 a new paragraph (18) to read as follows: (18) `Group day-care home' means any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day. Section 9. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 49-5-12 and inserting in lieu thereof a new subsection (a) to read as follows: (a) `Child welfare agency' means any child-caring institution, child-placing agency, maternity home, family boarding home, family day-care home, group day-care home, and day-care center. Section 10. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 49-5-12 and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) All child welfare agencies, as defined in subsection (a) of this Code section, shall be licensed annually by the department in accordance with procedures, standards, rules, and regulations to be established by the board; provided, however, that the department may require persons who operate family day-care homes to register with the department. The board shall develop and publish standards for licensing of child welfare agencies. A license issued to a child welfare agency shall be deemed approval of all family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by the licensed agency as a part of its work, subject to this article and rules and regulations of the board. (2) The department shall have the responsibility to review existing day-care regulations to determine which regulations are necessary to safeguard and protect the well-being and general welfare of children and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed rule changes shall be submitted to the Board of Human Resources no later than November 1, 1982. Copies of the proposed changes shall be submitted to the Lieutenant Governor, the Speaker of the House of Representatives, and

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the chairmen of the Senate Human Resources Committee and the House Health and Ecology Committee. (3) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care. (4) After a family day-care home, group day-care home, or day-care center has been licensed or registered by the department as provided in this chapter, the facility shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that standards for food service have been incorporated in the regulations for licensing or registering such agencies. Section 11. Said chapter is further amended by adding between Code Sections 49-5-13 and 49-5-15 a new Code section, to be designated Code Section 49-5-14, to read as follows: 49-5-14. (a) Fire inspections of group day-care homes and day-care centers shall be performed by local fire departments or local fire marshals. Such local fire departments or local fire marshals shall be responsible for enforcing fire safety standards within their jurisdictions and shall: (1) Conduct fire safety inspections of group day-care homes and day-care centers at least once a year using the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for day-care centers by the Board of Human Resources or using any subsequent applicable code adopted by the said board pursuant to subsection (c); and (2) Issue permanent and temporary certificates of occupancy. (b) If local fire departments or local fire marshals are unable or unwilling to perform fire inspections of group day-care homes and day-care centers, the department shall assume such responsibility. (c) The department shall have the responsibility to review new fire safety codes and make recommendations to the board. The board may modify any new fire safety codes. Any day-care center constructed after November 1, 1982, shall comply with such codes;

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provided, however, that day-care centers in operation, under construction, or with approved plans prior to November 1, 1982, shall comply with the 1973 Life Safety Code (NFPA Standard 101) of the National Fire Protection Association as modified for day-care centers by the board and shall remain in compliance with that code as modified as long as the day-care center is operated at the same location. Part 3 Section 12. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 13. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. HOSPITAL AUTHORITIES LAW AMENDED. Code Chapter 88-18 Amended. Code Section 31-7-75 Amended. No. 1213 (House Bill No. 686). AN ACT To amend Code Chapter 88-18, also known as the Hospital Authorities Law, approved March 18, 1964 (Ga. L. 1964, p. 499), as

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amended, so as to authorize authorities created under said Act to extend credit or make loans to others for the planning, design, construction, acquisition or carrying out of any project; to provide for the securing of said credit or loans; to provide that authorities may require the inclusion in any contract, loan agreement, security agreement or other instrument, such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as such authorities may deem necessary or desirable; to permit authorities to acquire, accept, or retain equitable interests, security interests or other interests in any property, real or personal, in order to secure the repayment of any moneys loaned or credit extended by authorities; to make editorial corrections; to authorize such authorities to receive or provide certain management, consulting, and operating services and to contract regarding these services; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 88-18, also known as the Hospital Authorities Law, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, is amended by striking subsections (h) through (u) of Code Section 88-1805 in their entirety and inserting in lieu thereof new subsections (h) through (x) to read as follows: (h) To extend credit or make loans to others for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans may be secured by such loan agreements, mortgages, security agreements, contracts, or other instruments or fees or charges, for a term not to exceed 40 years, and upon such terms and conditions as the Authority shall determine reasonable in connection with such loans, including provisions for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this Code Section in connection with a project, to require the inclusion in any contract, loan agreement, security agreement, or other instrument such provisions for guaranty, insurance,

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construction, use, operation, maintenance, and financing of a project as the Authority may deem necessary or desirable. (i) To acquire, accept, or retain equitable interests, security interests, or other interests in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the Authority. (j) To establish rates and charges for the services and use of the facilities of the Authority. (k) To accept gifts, grants, or devises of any property. (l) To acquire by the exercise of the right of eminent domain any property essential to the purposes of the Authority. (m) To sell or lease within 20 years after the completion of construction of properties or facilities operated by the hospital Authority where grants of financial assistance have been received from Federal or State Governments, after such action has first been approved by the department in writing. (n) To exchange, transfer, assign, pledge, mortgage or dispose of any real or personal property or interest therein. (o) To mortgage, pledge or assign any revenue, income, tolls, charges or fees received by the Authority. (p) To issue revenue anticipation certificates or other evidences of indebtedness for the purpose of providing funds to carry out the duties of the Authority; provided that the maturity of any such indebtedness shall not extend for more than 40 years. (q) To borrow money for any corporate purpose. (r) To appoint officers, agents and employees. (s) To make use of any facilities afforded by the Federal government, or any agency or instrumentality thereof.

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(t) To receive, from the governing body of political subdivisions issuing the same, proceeds from the sale of general obligation bonds or other county obligations issued for hospital Authority purposes. (u) To exercise any or all power now or hereafter possessed by private corporations performing similar functions. (v) To make plans for unmet needs of their respective communities. (w) To contract for the management and operation of the project by a professional hospital or medical facilities consultant or management firm. Each such contract shall require the consultant or firm contracted with to post a suitable and sufficient bond. (x) To provide management, consulting, and operating services (including, but not limited to, administrative, operational, personnel, and maintenance services) to another hospital authority, hospital, health care facility as said term is defined in Code Chapter 88-33, person, firm, corporation or any other entity or any group or groups of the foregoing; to enter into contracts alone or in conjunction with others to provide such services without regard to the location of the parties to such transactions; to receive management, consulting, and operating services (including, but not limited to, administrative, operational, personnel, and maintenance services) from another such hospital authority, hospital, health care facility, person, firm, corporation or any other entity or any group or groups of the foregoing; and to enter into contracts alone or in conjunction with others to receive such services without regard to the location of the parties to such transactions. Part 2 Section 2. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated is amended by striking paragraphs (8) through (21) of Code Section 31-7-75 in their entirety and inserting in lieu thereof new paragraphs (8) through (24) to read as follows: (8) To extend credit or make loans to others for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans may be secured by such loan agreements, mortgages, security agreements, contracts, or other instruments or fees or charges, for a term not to exceed 40 years,

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and upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provisions for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this Code section in connection with a project, to require the inclusion in any contract, loan agreement, security agreement, or other instrument such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable; (9) To acquire, accept, or retain equitable interests, security interests, or other interests in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority; (10) To establish rates and charges for the services and use of the facilities of the authority; (11) To accept gifts, grants, or devises of any property; (12) To acquire by the exercise of the right of eminent domain any property essential to the purposes of the authority; (13) To sell or lease within 20 years after the completion of construction of properties or facilities operated by the hospital authority where grants of financial assistance have been received from federal or state governments, after such action has first been approved by the department in writing; (14) To exchange, transfer, assign, pledge, mortgage, or dispose of any real or personal property or interest therein; (15) To mortgage, pledge, or assign any revenue, income, tolls, charges, or fees received by the authority; (16) To issue revenue anticipation certificates or other evidences of indebtedness for the purpose of providing funds to carry out the duties of the authority; provided, however, that the maturity of any such indebtedness shall not extend for more than 40 years;

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(17) To borrow money for any corporate purpose; (18) To appoint officers, agents, and employees; (19) To make use of any facilities afforded by the federal government or any agency or instrumentality thereof; (20) To receive, from the governing body of political subdivisions issuing the same, proceeds from the sale of general obligation bonds or other county obligations issued for hospital authority purposes; (21) To exercise any or all powers now or hereafter possessed by private corporations performing similar functions; (22) To make plans for unmet needs of their respective communities; (23) To contract for the management and operation of the project by a professional hospital or medical facilities consultant or management firm. Each such contract shall require the consultant or firm contracted with to post a suitable and sufficient bond; and (24) To provide management, consulting, and operating services including, but not limited to, administrative, operational, personnel, and maintenance services to another hospital authority, hospital, health care facility as said term is defined in Chapter 6 of Title 31, person, firm, corporation, or any other entity or any group or groups of the foregoing; to enter into contracts alone or in conjunction with others to provide such services without regard to the location of the parties to such transactions; to receive management, consulting, and operating services including, but not limited to, administrative, operational, personnel, and maintenance services from another such hospital authority, hospital, health care facility, person, firm, corporation, or any other entity or any group or groups of the foregoing; and to enter into contracts alone or in conjunction with others to receive such services without regard to the location of the parties to such transactions.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. 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 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 repealed. Approved April 13, 1982. GEORGIA POST MORTEM EXAMINATION ACT AMENDED. Code Section 45-16-36 Amended. No. 1214 (House Bill No. 732). AN ACT To amend the Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as

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amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 761), so as to change the maximum and minimum compensation of coroners' jurors; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. The Georgia Post Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 761), is amended by striking from Section 14 the figures $3.00 and $10.00 and inserting in lieu thereof, respectively, the figures $5.00 and $25.00, so that when so amended said section shall read as follows: Section 14. The coroner shall summon and impanel five jurors to hold an inquest who shall decide the verdict by a majority vote. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix the compensation of said jurors for their services for the next succeeding year, but such compensation shall not be less than $5.00 nor more than $25.00 per diem. It shall be the duty of the coroner, or other person discharging the duties of the coroner, to give a certificate of the fact of such service to each juror. Upon presentation of such certificate to the proper fiscal authority of the county in which the inquest is held, such fiscal authority shall pay the juror for his services. Part 2 Section 2. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking Code Section 45-16-36 and inserting in its place a new Code Section 45-16-36 to read as follows: 45-16-36. The coroner shall summon and impanel five jurors to hold an inquest, which jurors shall decide the verdict by a majority

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vote. The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix the compensation of said jurors for the next succeeding year but such compensation shall not be less than $5.00 nor more than $25.00 per diem. It shall be the duty of the coroner or other person discharging the duties of the coroner to give a certificate of the fact of such service to each juror. Upon presentation of such certificate to the proper fiscal authority of the county in which the inquest is held, such fiscal authority shall pay the juror for his services. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. REGISTRATION OF MOTOR VEHICLE BY NONRESIDENTS. Code Section 40-2-90 Amended. No. 1215 (House Bill No. 739). AN ACT To amend Code Section 40-2-90, relating to licensure and registration of motor vehicles by nonresidents, so as to provide definitions; to

Page 721

exempt certain persons from certain registration requirements for motor vehicles; to provide certain requirements for such exemptions; to provide limitations; 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 40-2-90, relating to licensure and registration of motor vehicles by nonresidents, as amended, is amended by striking in its entirety said Code section, which reads as follows: 40-2-90. (a) Motor vehicles owned by nonresidents of this state may be used and operated on the public streets and highways of this state for a period of 30 days, during which time the owners shall not be required to register and obtain a license to operate their vehicles, provided that such owners shall have fully complied with the laws requiring the registration of motor vehicles in the state or territory of their residence and that the registration number and initial letter of such state or territory shall be displayed and plainly visible on such vehicles. In other respects, motor vehicles owned by nonresidents and in use temporarily within the state shall be subject to this chapter, provided that no resident shall be allowed to operate a motor vehicle within this state under a license issued by another state. (b) Notwithstanding subsection (a) of this Code section, in every case where a nonresident accepts employment or engages in any trade, profession, or occupation in the state or enters his children to be educated in the public schools of the state, such nonresident shall, within 30 days after the commencement of such employment or education, be required to register his motor vehicles in this state if such motor vehicles are proposed to be operated on the highways of the state., and substituting in lieu thereof the following: 40-2-90. (a) For purposes of this Code section: (1) `Nonresident' means any person who does not reside in the State of Georgia but who accepts employment or engages in any trade, profession, or occupation in the state or enters his children in the public schools of this state.

Page 722

(2) `Visitor' means any person who does not reside in the State of Georgia and who is not a nonresident as defined herein. (b) (1) Motor vehicles owned by nonresidents may be used and operated on the public streets and highways for a period of 30 days without registering said motor vehicles in the State of Georgia. (2) Motor vehicles owned by visitors may be used and operated on the public streets and highways, for pleasure purposes only, for a period of 90 days without registering said motor vehicles in the State of Georgia. (3) To be eligible for the exemptions provided for in paragraph (1) or (2), a nonresident or visitor shall have fully complied with the laws relating to the registration of motor vehicles of the state or territory wherein he resides, and the registration number and initial letter of such state or territory shall be displayed and plainly visible on such motor vehicles. (4) No resident of Georgia shall be entitled to the exemptions provided for in paragraph (1) or (2). Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

Page 723

GEORGIA HEALTH CODE AMENDED. Code Chapter 88-17 Amended. Code Title 31, Chapter 10 Amended. No. 1216 (House Bill No. 780). AN ACT To amend Code Title 88, known as the Georgia Health Code, as amended, so as to comprehensively and exhaustively revise, supersede, consolidate, and codify the laws relating to vital records; to provide for definitions; to provide for the vital records registration system; to provide for departmental rules and regulations; to provide for the appointment of a state registrar and the duties thereof; to provide for the appointment of local registrars, local custodians, and special abstracting agents and their qualifications, duties, and compensation; to provide for contents and form of certain certificates and reports and their filing and registration; to provide for fees; to provide for birth registration; to provide for registration of infants of unknown parentage; to provide for delayed registration of birth; to provide a judicial procedure to establish facts of birth; to provide for reports of adoption; to provide for new certificates of birth following adoption, legitimation, paternity determination, and paternity acknowledgment; to provide for death registration; to provide for determination of death and immunity therefor; to provide for copies of death certificates and certificates of record; to provide for reports of spontaneous fetal death; to provide for reports of induced termination of pregnancy; to provide for final disposition permits; to provide for registration of marriage, divorce, dissolution, or annulment of marriage; to provide for amendments and corrections of vital records; to provide for reproduction and preservation of vital records; to provide for disclosure of information from vital records; to provide for copies and data from the vital records registration system; to require certain persons to keep records of those admitted or confined to institutions; to provide for duties and privilege regarding furnishing of certain information; to provide for matching of birth and death certificates; to provide penalties; to provide for other matters relating to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for severability; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 88, known as the Georgia Health Code, as amended, is amended by striking in its entirety Code Chapter 88-17, relating to vital records, and substituting in lieu thereof a new Code Chapter 88-17 to read as follows: CHAPTER 88-17 VITAL RECORDS 88-1701. As used in this chapter, the term: (1) `Commissioner' means the commissioner of human resources. (2) `Dead body' means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred. (3) `Department' means the Department of Human Resources. (4) `Fetal death' means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. (5) `File' means the presentation of a vital record provided for in this chapter for registration by the vital records registration system. (6) `Final disposition' means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus. (7) `Induced termination of pregnancy' means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth.

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(8) `Institution' means any establishment, public or private, which provides in-patient or out-patient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law. (9) `Live birth' means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. (10) `Local custodian' means the person appointed by the state registrar to maintain and certify the local records of birth and death. (11) `Local registrar' means the person appointed by the state registrar to collect and transmit to the department certificates of birth, death, fetal death, and any other reports required by this chapter. (12) `Physician' means a person authorized or licensed to practice medicine or osteopathy pursuant to Chapter 84-9. (13) `Registration' means the acceptance by the vital records registration system and the incorporation of vital records provided for in this chapter into its official records. (14) `Special abstracting agent' means the person appointed by the state registrar to examine and abstract evidence and submit such information to the department in order to file delayed certificates of birth or amend certificates of birth. (15) `Spontaneous fetal death' means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy. (16) `State registrar' means the person responsible for the state vital records registration system, including the registration, collection, preservation, amendment, and certification of vital records.

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(17) `Vital records' means certificates or reports of birth, death, marriage, divorce, dissolution of marriage, or annulment and data related thereto. (18) `Vital records registration system' means the registration, collection, preservation, amendment, and certification of vital records; the collection of other reports required by this chapter; and activities related thereto including the tabulation, analysis, and publication of vital statistics. (19) `Vital statistics' means the data derived from certificates and reports of birth, death, spontaneous fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment and related reports. 88-1702. The department shall maintain and operate the state's official vital records registration system. The system shall be in effect in all areas of the state and shall provide for proper administration of the system and preservation of its records. 88-1703. The department is authorized to adopt, amend, and repeal rules and regulations for the purpose of carrying out the provisions of this chapter. 88-1704. The commissioner shall appoint the state registrar of vital records, hereinafter referred to as `state registrar,' subject to the rules and regulations of the State Merit System of Personnel Administration, classified service. 88-1705. (a) The state registrar shall: (1) Administer and enforce the provisions of this chapter and the rules and regulations issued under this chapter and issue instructions for the efficient administration of the vital records registration system; (2) Direct and supervise the system of vital records and be custodian of its records; (3) Direct, supervise, and control the activities of all persons when they are engaged in activities pertaining to the operation of the vital records registration system;

Page 727

(4) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the vital records registration system; (5) Prescribe, furnish, and distribute such forms as are required by this chapter and the rules and regulations issued hereunder or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate reporting and registration; (6) Prepare and publish reports of vital statistics of this state and such other reports as may be required by the department; and (7) Provide to local health agencies copies of or data derived from certificates and reports required under this chapter, as the state registrar shall determine are necessary for local health planning and program activities. The state registrar shall establish a schedule with each local health agency for transmittal of the copies or data. The copies or data shall remain the property of the department, and the uses which may be made of them shall be governed by the state registrar. (b) The state registrar may establish or designate offices in the state to aid in the efficient administration of the vital records registration system. (c) The state registrar may delegate such functions and duties vested in the state registrar to employees of the vital records registration system and to employees of any office established or designated under subsection (b) of this Code section. 88-1706. (a) The state registrar may appoint a local registrar and local custodian for each county and a special abstracting agent as necessary. Appointees must meet the qualifications and perform the duties required by this chapter and regulations of the department. A local registrar, subject to the approval of the state registrar, may appoint a deputy or deputies. A local custodian, subject to the approval of the state registrar, may appoint a clerk or clerks of records. (b) Local registrars shall collect and receive vital records, review them for accuracy and completeness, and keep and submit other reports as may be required by the department.

Page 728

(c) Local custodians shall file, record, and preserve copies of vital records and issue certified copies provided for by law. (d) Special abstracting agents shall examine evidence, abstract evidence onto prescribed forms, and submit such completed forms to the vital records registration system for the filing of delayed certificates of birth or the amendment of certificates of live birth. 88-1707. (a) In order to promote and maintain nation-wide uniformity in the system of vital records, the forms of certificates and reports required by this chapter, or by regulations adopted hereunder, shall include as a minimum the items recommended by the federal agency responsible for national vital records and statistics. (b) Each certificate, report, and other document required by this chapter shall be on a form or in a format prescribed by the state registrar. (c) All vital records shall contain the date received for registration. (d) Information required in certificates or reports authorized by this chapter may be filed and registered by photographic, electronic, or other means as prescribed by the state registrar. 88-1708. (a) The state registrar shall certify to the treasurer of the county each month the number of birth and death certificates and spontaneous fetal death reports filed with the state office of vital records with respect to the treasurer's county and the amount due. Upon certification, any fees due shall be paid by the county treasurer out of the general fund of the county. (b) Each local registrar shall receive from the county treasurer the sum of $3.00 for each complete certificate of birth, death, or spontaneous fetal death report which occurred in that local registrar's county and is personally signed by that local registrar within the time prescribed by this chapter. A fee of 50 shall be paid for certificates or reports filed after the limits shown in this chapter except as noted by regulations adopted by the department. (c) The local custodian of vital records shall be paid a fee of $1.00 for each birth and death certificate properly recorded and indexed. Said fee shall be paid from county funds by the county treasurer.

Page 729

(d) Special abstractors shall be paid a fee of $2.00 for the complete filing of an abstract of evidence for a delayed certificate of birth or an amendment to a certificate of live birth which originates in the abstractor's county. Said fee shall be paid from county funds by the county treasurer. (e) Notwithstanding any other provision of this Code section, in counties where the local registrar or local custodian of vital records or special abstracting agent are employees of the county board of health, fees payable under this subsection shall be paid to the county health department monthly. 88-1709. (a) A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar of the county in which the birth occurs within ten days after such birth and filed in accordance with this Code section and regulations of the department. (b) When a birth occurs in an institution, the person in charge of such institution or that person's designated representative shall obtain the personal data, prepare the birth certificate, secure the signatures required for the certificate, and file it with the local registrar. The physician in attendance shall certify to the facts of birth and provide the medical information required by the certificate within 72 hours after the birth occurs. (c) When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority. (1) The physician or midwife in attendance at or immediately after the birth, or in the absence of such person, (2) Any other person in attendance at or immediately after the birth, or in the absence of such a person, (3) The father, the mother, or in the absence of the father and inability of the mother, the person in charge of the premises where the birth occurred. (d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When

Page 730

a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined. (e) The name of the natural father or putative father shall be entered on the certificate of live birth as follows: (1) If the mother was married either at the time of conception or at the time of birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court having jurisdiction, in which case the name of the father as determined by the court shall be entered; (2) If the mother is not married to the father at either the time of conception or at the time of birth, the name of the putative father shall not be entered on the certificate of birth without the written consent of the mother and the person to be named as father; (3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and the surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court; (4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate; or (5) In all other cases, the surname of the child shall be the legal surname of the mother at the time of the birth. (f) The birth certificate of a child born to a married woman as a result of artificial insemination, with consent of her husband, shall be completed in accordance with the provisions of subsection (e) of Code Section 88-1709. (g) Either of the parents of the child, or other informant, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within the ten days prescribed in subsection (a) of Code Section 88-1709.

Page 731

(h) All birth certificates filed and registered must identify the recorded person by name, which normally will include the parents' names. No obscenities, numbers, symbols, or other such nonidentifying data will be accepted. 88-1710. (a) Whoever assumes the custody of a live born infant of unknown parentage shall report on a form and in a manner prescribed by the state registrar within ten days to the vital records registration system the following information: (1) The date and place of finding; (2) Sex, color or race, and approximate birth date or age of child; (3) Name and address of the person or institution with whom the child has been placed for care; (4) Name given to the child by the custodian of the child; and (5) Other data required by the state registrar. (b) The place where the child was found shall be entered as the place of birth. (c) A report registered under this Code section shall constitute the certificate of birth for the child. (d) If the child is subsequently identified and a certificate of birth is found or obtained, the report registered under this Code section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. 88-1711. (a) When a certificate of birth of a person born in this state has not been filed within the time period provided in Code Section 88-1709, a delayed certificate of birth may be filed in accordance with regulations of the department. The certificate shall be registered subject to such evidentiary requirements as the department shall by regulation prescribe to substantiate the alleged facts of birth.

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(b) Certificates of birth registered one year or more after the date of birth shall be made on forms prescribed and furnished by the state registrar, marked `Delayed,' and shall show on their face the date of the delayed registration. (c) A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the delayed certificate of birth. (d) When an applicant does not submit the minimum documentation required in the regulations for delayed registration or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of birth and shall advise the applicant in writing of the reasons for this action, and shall further advise the applicant of the applicant's right of judicial appeal. (e) The department may by regulation provide for the dismissal of an application which is not actively prosecuted. 88-1712. (a) If a delayed certificate of birth is rejected under the provisions of Code Section 88-1711, a petition signed and sworn to by the petitioner may be filed with a superior court in the county of residence of the person for whom a delayed certificate of birth is sought for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered and shall allege: (1) That the person for whom a delayed certificate of birth is sought was born in this state; (2) That no certificate of birth of such person can be found in the files of the vital records registration system or the office of any local custodian of vital records; (3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with Code Section 88-1711 and regulations adopted pursuant thereto; (4) That the state registrar has refused to register a delayed certificate of birth; and

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(5) Such other allegations as may be required. (b) The petition shall be accompanied by a statement of the state registrar made in accordance with Code Section 88-1711 and all documentary evidence which was submitted to the state registrar in support of such registration. (c) The superior court shall fix a time and place for hearing the petition and shall give the state registrar not less than ten days' notice of said hearing. The state registrar or his authorized representative may appear and testify in the proceeding. (d) If the superior court finds, from the evidence presented, that the person from whom a delayed certificate of birth is sought was so born in this state, it shall make findings as to the place and date of birth, parentage, and such other findings as may be required and shall issue an order, on a form prescribed and furnished by the state registrar, to establish a delayed certificate of birth. This order shall include the birth data to be registered, a description of the evidence presented as prescribed by Code Section 88-1711 and the date of the court's action. (e) The clerk of superior court shall forward each such order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. Such order shall be registered by the state registrar and shall constitute the certificate of birth from which certified copies may be issued in accordance with this chapter. 88-1713. (a) For each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify the original certificate of birth of the person adopted; shall provide information necessary to establish a new certificate of birth of the person adopted; and shall identify the order of adoption and be certified by the clerk of court. (b) Information necessary to prepare the report of adoption shall be furnished by each petitioner for adoption or the petitioner's attorney. The appropriate agency or any person having knowledge of the facts shall supply the court with such additional information as may be necessary to complete the report. The provision of such

Page 734

information shall be prerequisite to the issuance of a final decree in the matter by the court. (c) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a report thereof, which shall include such facts as are necessary to identify the original adoption report and the facts amended in the adoption decree as shall be necessary to amend the birth record properly. (d) Not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, the clerk of the court shall forward to the state registrar reports of decrees of adoption, annulment of adoption, and amendments of decrees of adoption which were entered in the preceding month, together with such related reports as the state registrar shall require. (e) When the state registrar shall receive a report of adoption, annulment of adoption, or amendment of a decree of adoption of a person born outside this state, the state registrar shall forward such report to the state registrar in the indicated state of birth. If the birth occurred in a foreign country, the report of adoption shall be returned to the attorney or agency handling the adoption for submission to the appropriate federal agency. The state registrar shall establish a certificate of birth for a person born outside this state when the state registrar receives a certificate of adoption if neither parent is the natural parent of the adoptee and when the adoptive parents elect to show Georgia as the state of birth; provided, however, that the adoptee is entitled to citizenship by birth. The certificate of adoption shall specify the place of birth, and a copy of the original birth certificate shall be provided for the state registrar. 88-1714. (a) The state registrar shall establish a new certificate of birth for a person born in this state when the state registrar receives the following: (1) A report of adoption as provided in Code Section 88-1713 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth, except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person; or

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(2) A request that a new certificate be established as prescribed by regulation and such evidence as required by regulation proving that such person has been legitimated, or that a court of competent jurisdiction has determined the paternity of such a person, or that both parents married to each other have acknowledged the paternity of such person and request that the surname be changed to that of the father. (b) When a new certificate of birth is established, the exact date of birth shall be shown. The true place of birth shall be shown if the adoptee is the natural child of the spouse of the adoptive parent in the case of step-parent adoptions. The true place of birth shall be shown for all legitimations. For full adoptions, where neither parent is the natural parent of the adoptee, the place of birth shall be, at the election of the adoptive parents, either the true place of birth of the adoptee or the residence of the adoptive parents at the time of the adoptee's birth. The place of birth indicated must be located in Georgia. The new certificate shall be substituted for the original certificate of birth and the evidence of adoption, legitimation, paternity determination, or paternity acknowledgment shall be sealed and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. (c) Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation. (d) Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. (e) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this Code section and the date and place of birth have not been determined in the adoption or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in Code Section 88-1711 or 88-1712 before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form. (f) When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from

Page 736

inspection or forwarded to the state registrar, as the state registrar shall direct. 88-1715. (a) A certificate of death for each death which occurs in this state shall be filed with the local registrar of the county in which the death occurred or the body was found within 72 hours after the death but prior to the final disposition or removal of the body from this state as follows: (1) If the place of death is unknown but the dead body is found in this state, the certificate of death shall be completed and filed in accordance with this Code section. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it shall be the date the body was found and the certificate marked as such; or (2) When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the body is first removed from the conveyance in this state, the death sahll be registered in this state but the certificate shall show the actual place of death insofar as can be determined. (b) The funeral director or person acting as such who first assumes custody of the dead body shall file the certificate of death. Such director or person shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible therefor. (c) The medical certification as to the cause and circumstances of death shall be completed, signed, and returned to the funeral director within 48 hours after death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when inquiry is required by the `Georgia Post Mortem Examination Act.' In the absence of said physician or with that physician's approval the certificate may be completed and signed by an associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes.

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(d) When death occurs without medical attendance as set forth in subsection (c) of this Code section or when inquiry is required by the `Georgia Post Mortem Examination Act,' the proper person shall investigate the cause of death and shall complete and sign the medical certification portion of the death certificate within 30 days after being notified of the death. (e) If the cause of death cannot be determined within 48 hours after death, the medical certification shall be completed as provided by regulation. The attending physician or coroner shall give the funeral director or person acting as such notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the attending physician or coroner. 88-1716. (a) A person may be pronounced dead by a qualified physician if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function, or (2) irreversible cessation of all functions of the entire brain, including the brain stem. (b) A person who acts in good faith in accordance with the provisions of subsection (a) of this Code section shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act. (c) The criteria for determining death authorized in subsection (a) of this Code section shall be cumulative to and shall not prohibit the use of other medically recognized criteria for determining death. 88-1717. (a) When a death certificate is filed with a local registrar, it shall be transmitted to the vital records registration system for state registration within ten days of receipt. After registration and the assignment of a state file number, an authorized copy of the death certificate shall be returned to the local custodian. Certified copies of such death certificates may then be issued from the authorized copy by the local custodian. (b) After a death certificate is filed with a local registrar, but before the death certificate has been registered by the vital records registration system, the local custodian shall be authorized to issue copies of the death certificate to be known as a `certificate of record.' Each certificate of record shall have printed thereon the following: `This is an exact copy of the death certificate received for filing in

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County.' Such certificate of record shall be signed by the local custodian and have the correct seal affixed thereto. 88-1718. (a) A report of spontaneous fetal death for each spontaneous fetal death which occurs in this state shall be filed with the local registrar of the county in which the delivery occurred within 72 hours after such delivery in accordance with this Code section unless the place of fetal death is unknown, in which case a fetal death certificate shall be filed in the county in which the dead fetus was found within 72 hours after such occurrence. All induced terminations of pregnancy shall be reported in the manner prescribed in Code Section 88-1719. Preparation and filing of reports of spontaneous fetal death shall be as follows: (1) When a dead fetus is delivered in an institution, the person in charge of the institution or that person's designated representative shall prepare and file the report; (2) When a dead fetus is delivered outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the report; (3) When a spontaneous fetal death required to be reported by this Code section occurs without medical attendance at or immediately after the delivery or when inquiry is required by the `Georgia Post Mortem Examination Act,' the proper investigating official shall investigate the cause of fetal death and shall prepare and file the report within 30 days; and (4) When a spontaneous fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a dead fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state. The place where the fetus was first removed from the conveyance or the dead fetus was found shall be considered the place of fetal death. (b) The medical certification portion of the fetal death report shall be completed and signed within 48 hours after delivery by the physician in attendance at or after delivery except when inquiry or investigation is required by the `Georgia Post Mortem Examination Act.'

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(c) The name of the father shall be entered on the spontaneous fetal death report in accordance with the provisions of Code Section 88-1709. 88-1719. Each induced termination of pregnancy which occurs in this state, regardless of the length of gestation or weight, shall be reported directly to the department within ten days by the person in charge of the institution or clinic, or designated representative, in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution or clinic, the attending physician shall prepare and file the report within the time specified by this Code section. 88-1720. (a) The funeral director or person acting as such or person who first assumes custody of a dead body shall, prior to final disposition of the body, obtain authorization for final disposition of the body. The physician or coroner when certifying the cause of death also shall authorize final disposition of the body. (b) The funeral director, or person acting as such, or other person who first assumes custody of a dead body or fetus shall obtain a disposition permit prior to the final disposition or removal from the state of the body or fetus and within 72 hours after death. (c) Such disposition permit shall be issued by the local registrar of the county where a satisfactorily completed certificate of death or fetal death is filed. (d) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state. (e) Each person in charge of any place for final disposition shall include in the authorization the date of disposition and shall sign and return all authorizations to the funeral director or other person within ten days after the date of disposition. When there is no person in charge of the place for final disposition, the funeral director or other person shall endorse the authorization and retain such in that director's or other person's files. (f) Prior to final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director or person acting as such, or other person, the person in charge of the institution, or other

Page 740

person assuming responsibility for final disposition of the fetus shall obtain from the parent(s) authorization for final disposition. (g) Disposition permits shall not be required where disposition of fetal remains is within the institution of occurrence and a registry of such events is maintained by the institution. (h) With the consent of the physician or coroner who is to certify the cause of death, a dead body may be moved from the place of death for the purpose of being prepared for final disposition. (i) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. Such authorization shall be issued by the local registrar to a licensed funeral director or other person acting as such, upon proper application. (j) A disinterment-reinterment permit shall be issued by the local registrar of the county in which the body was originally interred to a licensed funeral director or to the person acting as such upon application filed in accordance with the rules and regulations promulgated under this Code section. (k) The department shall prescribe rules and regulations so that the local registrars may permit hospitals, funeral homes, or others in their respective counties or in an adjacent or nearby county to issue permits. 88-1721. (a) A record of each marriage performed in this state shall be filed with the department and shall be registered if it has been completed and filed in accordance with this Code section. (b) The official who issues the marriage license shall prepare the record on the form prescribed and furnished by the state registrar upon the basis of information obtained from both of the parties to be married. (c) A person who performs a marriage shall certify the fact of marriage and return the record to the official who issued the license within ten days after the ceremony. The record shall be completed as prescribed by regulations of the department. (d) Every official issuing marriage licenses shall complete and forward to the department on or before the tenth day of each calendar

Page 741

month a copy of the applications and marriage licenses returned to such official during the preceding calendar month. (e) The official issuing a marriage license shall keep the original of the application and license for the county records from which the official may issue certified copies. (f) In addition to the fee provided by Code Section 24-1716, the official shall be entitled to a filing fee of $1.00 to be paid by the applicant upon application for the marriage license. 88-1722. (a) A record of each divorce, dissolution of marriage, or annulment granted by any court of competent jurisdiction in this state shall be filed by the clerk of the court with the department and shall be registered if it has been completed and filed in accordance with this Code section. The record shall be prepared by the petitioner or the petitioner's legal representative on a form prescribed and furnished by the state registrar and shall be presented to the clerk of the court with the petition. In all cases, the completed record shall be prerequisite to the granting of the final decree. (b) The clerk of the superior court shall complete and forward to the department on or before the tenth day of each calendar month the records of each divorce, dissolution of marriage, or annulment decree granted during the preceding calendar month. 88-1723. (a) A certificate or report registered under this chapter may be amended in accordance with this chapter and regulations adopted by the department to protect the integrity and accuracy of vital records. Such regulations shall specify the minimum evidence required for a change in any certificate or report. Amendments to birth and death certificates shall be completed by the department and a copy mailed to the proper local custodian. Amendments to applications for a marriage license or the license shall be completed by the judge of the probate court of the county in which the license was issued. An amendment to divorce reports shall be completed by the clerk of the superior court of the county in which the decree was granted. (b) A certificate or report that is amended under this Code section shall be marked `amended,' except as otherwise provided in this Code section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be

Page 742

endorsed on or made a part of the record. The department shall prescribe by regulation the conditions under which additions or minor corrections may be made to certificates or records within one year after the date of the event without the certificate or record being marked `amended.' (c) (1) Upon receipt of a certified copy of an order to legitimate a child, or an affidavit signed by the natural parents whose marriage had legitimated a child, the director shall register a new birth certificate if paternity was not shown on the original certificate. Such certificate shall not be marked `amended.' (2) If paternity was shown on the original certificate, the record can be changed only by an order from the superior court to remove the name of the person shown on the certificate as the father and to add the name of the natural father and to show the child as the legitimate child of person so named. The order must specify the name to be removed and the name to be added. (d) Upon receipt of a certified copy of an order from a superior court, probate court, or other court of competent jurisdiction changing the name of a person born in this state and upon request of such person or such person's parents, guardian, or legal representative, the state registrar shall amend the certificate of birth to show the new name. When the names of the parent or parents and the child are changed, the state registrar may register a new certificate if requested by the parents, guardian, or legal representative. Such new certificate shall be marked `amended.' (e) Upon receipt of a certified copy of a court order indicating the sex of an individual born in this state has been changed by surgical procedure and that such individual's name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation. (f) An order from a superior court or probate court shall be required to change the year of birth, to correct a delayed birth certificate, or to remove the name of a father from a birth certificate on file. The person seeking such change, correction, or removal shall institute the proceeding by filing a petition with the appropriate court in the county of residence for an order changing the year of birth, correcting a delayed birth certificate, or removing the name of the father from a birth certificate on file. Such petition shall set forth

Page 743

the reasons therefor and shall be accompanied by all available documentary evidence. The court shall set a date for hearing the petition and shall give the state registrar at least ten days' notice of said hearing. The state registrar or the authorized representative thereof may appear and testify in the proceeding. If the court from the evidence presented finds that such change, correction, or removal should be made, the judge shall issue an order setting out the change to be made and the date of the court's action. The clerk of such court shall forward the petition and order to the state registrar not later than the tenth day of the calendar month following the month in which said order was entered. Such order shall be registered by the state registrar and the change so ordered shall be made. (g) When an applicant does not submit the minimum documentation required in the regulations for amending a vital record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence and if the deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of judicial appeal. (h) When a certificate or report is amended under this Code section, the state registrar shall report the amendment to the proper local custodian and their record shall be amended accordingly. 88-1724. (a) The department is responsible for the preservation or disposition of all vital records at state or county offices. To preserve vital records, the state registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of certificates or reports in the vital records registration system. Such reproductions when certified by the state registrar or the local custodian shall be accepted as the original records for all purposes. The documents from which permanent reproductions have been made and verified may be preserved or disposed of as provided by regulation. (b) All preserved original or authorized reproductions by the state and local custodians remain the property of the department. Such original or authorized reproductions shall be surrendered to the department when so ordered.

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88-1725. (a) To protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital records, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital records or to copy or issue a copy of all or part of any such record except as authorized by this chapter and by regulation or by order of a court of competent jurisdiction. Regulations adopted under this Code section shall provide for adequate standards of security and confidentiality of vital records. The provisions of this subsection shall not apply to court records or indexes of marriage licenses, divorces, and annulments of marriages filed as provided by law. (b) The department shall authorize by regulation the disclosure of information contained in vital records for research purposes. (c) Appeals from decisions of custodians of vital records, as designated under authority of Code Section 88-1706, who refuse to disclose information or to permit inspection or copying of records as prescribed by this Code section and regulations issued under this Code section shall be made to the state registrar whose decisions shall be binding upon such custodians. (d) Information in vital records indicating that a birth occurred out of wedlock shall not be disclosed except as provided by regulation or upon the order of a court of competent jurisdiction. (e) When 100 years have elapsed after the date of birth or 75 years have elapsed after the date of death or application for marriage, or divorce, dissolution of marriage, or annulment, the records of these events in the custody of the state registrar shall be transferred to the State Archives and such information shall be made available in accordance with regulations which shall provide for the continued safekeeping of the records. (f) Official copies of records of deaths, applications for marriages and marriage certificates, divorces, dissolutions of marriages, and annulments located in the counties shall remain accessible to the public. 88-1726. (a) In accordance with Code Section 88-1725 of this chapter and the regulations adopted pursuant thereto:

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(1) The state registrar or local custodian of vital records appointed by the state registrar to issue certified copies upon receipt of a written application shall issue a certified copy of a vital record in that registrar's or custodian's custody or abstract thereof to any applicant having a direct and tangible interest in the vital record, except that certified copies of certificates shall only be issued to: (A) The person whose record of birth is registered; (B) Either parent or guardian of the person whose record of birth or death is registered; (C) The living legal spouse or next of kin or the legal representative or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose record of birth or death is registered; (D) The court of competent jurisdiction upon its order or subpoena; or (E) Any governmental agency, state or federal, provided such certificate shall be needed for official purposes. (2) Each certified copy issued shall show the date of registration and copies issued from records marked `delayed' or `amended' shall be similarly marked and show the effective date. The documentary evidence used to establish a delayed certificate of birth shall be shown on all copies issued. All forms and procedures used in the issuance of certified copies of vital records in the state shall be provided or approved by the state registrar. (b) A certified copy of a vital record or any part thereof, issued in accordance with subsection (a) of this Code section, shall be considered for all purposes the same as the original and shall be prima-facie evidence of the facts stated therein, provided that the evidentiary value of a certificate or record filed more than one year after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.

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(c) The federal agency responsible for national vital statistics may be furnished such copies or data from the system of vital records as it may require for national statistics, provided such federal agency shares in the cost of collecting, processing, and transmitting such data and provided further that such data shall not be used for other than statistical purposes by the federal agency unless so authorized by the state registrar. (d) The state registrar may, by agreement, transmit copies of records and other reports required by this chapter to offices of vital records outside this state when such records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. The agreement shall require that the copies be used for statistical and administrative purposes only and the agreement shall further provide for the retention and disposition of such copies. Copies received by the department from offices of vital statistics in other states shall be handled in the same manner as prescribed in this Code section. (e) No person shall prepare or issue any certificate which purports to be an original, certified copy or copy of a vital record except as authorized in this chapter or regulations adopted under this chapter. (f) No copies or parts thereof of a vital record shall be reproduced or information copies for commercial or speculative purposes. This subsection shall not apply to published results of research. 88-1727. (a) The department shall prescribe the fees to be paid for certified copies of certificates or records, for a search of the files or records, for copies or information provided for research, statistical, or administrative purposes, or for other services. The fee for each search or service shall not exceed $10.00 nor shall the fee for a certified copy of said certificate, record, and certification exceed the total sum of $10.00. (b) Fees collected by the department under this Code section shall be deposited in the general funds of the state. (c) Fees for copies or searches by local custodians of vital records shall be retained by them whether the local custodian is paid on a fee basis, a salary basis, or a combination of both, except in counties where the local custodian of vital records is an employee of the county board of health, in which case said fees shall be remitted monthly to the county health department.

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88-1728. (a) Every person in charge of an institution shall keep a record of personal data concerning each person admitted or confined to such institution. This record shall include such information as required for the certificates of birth and death and the reports of spontaneous fetal death and induced termination of pregnancy required by this chapter. The record shall be made at the time of admission from information provided by the person being admitted or confined but, when it cannot be so obtained, the information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record. (b) When a dead body or dead fetus is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the decedent or parents of the fetus, date of death, name and address of the person to whom the body or fetus is released, and the date of removal from the institution. If final disposition is made by the institution, the date, place, and manner of disposition shall also be recorded. (c) A funeral director, embalmer, sexton, or other person who removes from the place of death, transports, or makes final disposition of a dead body or fetus, in addition to filing any certificate or other report required by this chapter or regulations promulgated hereunder, shall keep a record which shall identify the body and such information pertaining to receipt, removal, delivery, burial, or cremation of such body as may be required by regulations adopted by the department. (d) Records maintained under this Code section shall be retained for a period of not less than three years and shall be made available for inspection by the state registrar or the state registrar's representative upon demand. 88-1729. (a) Any person having knowledge or facts concerning any birth, death, spontaneous fetal death, marriage, induced termination of pregnancy, divorce, dissolution of marriage, or annulment may disclose such facts to the state registrar, and such disclosure shall be absolutely privileged and no cause or action may be brought or maintained against such person for such disclosure. (b) Not later than the tenth day of the month following the month of occurrence, the administrator of each institution shall send

Page 748

to the local vital records registrar a list showing all deaths and fetal deaths occurring in that institution during the preceding month. (c) Upon receipt of a death certificate by any local vital records registration of any person 18 years of age or older, the local registrar shall notify the board of voting registrars in the county of the decedent's residence of the name and address of such decedent. If the records of the local registrar reflect that the decedent was a resident of another or other counties within the five years preceding the decedent's death, the local registrar shall also send such information to the board of voting registrars of such county or counties. 88-1730. To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar is authorized to match birth and death certificates, in accordance with written standards promulgated by the state registrar to prove beyond a reasonable doubt the fact of death and to post the facts of death to the appropriate birth certificate and index. Copies issued from birth certificates marked deceased shall be similarly marked. 88-1731. (a) A fine of not more than $10,000.00 or imprisonment of not more than five years, or both, shall be imposed on: (1) Any person who willfully and knowingly makes any false statement in a certificate, record, or report required by this chapter, or in an application for an amendment thereof, or in an application for a certified copy of a vital record or who willfully and knowingly supplies false information intending that such information be used in the preparation of any such report, record, or certificate, or amendment thereof; (2) Any person who without lawful authority and with the intent to deceive makes, counterfeits, alters, amends, or mutilates any certificate, record, or report required by this chapter or a certified copy of such certificate, record, or report; (3) Any person who willfully and knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another, for any purpose of deception, any certificate, record, or report required by this chapter or certified copy thereof so made, counterfeited, altered, amended, or mutilated or which is false in whole or in part or which relates to the birth of another person, whether living or deceased;

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(4) Any employee of the vital records registration system, or appointed local registrar or local custodian or special abstracting agent who willfully and knowingly furnishes or processes a certificate of birth, or certified copy of a certificate of birth, with the knowledge or intention that it be used for the purposes of deception; or (5) Any person who without lawful authority possesses any certificate, record, or report required by this chapter or a copy or certified copy of such certificate, record, or report knowing same to have been stolen or otherwise unlawfully obtained. (b) A fine not more than $1,000.00 or imprisonment of not more than one year, or both, shall be imposed on: (1) Any person who willfully and knowingly refuses to provide information required by this chapter or regulations adopted hereunder; (2) Any person who willfully and knowingly transports or accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided in this chapter; (3) Any person who willfully and knowingly neglects or violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon such person by this chapter. 88-1732. The department may, by regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this chapter, provide for the extension of the periods for the filing of certificates or reports. Part 2 Section 2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking Chapter 10 thereof and inserting in its place a new Chapter 10 to read as follows: CHAPTER 10 31-10-1. As used in this chapter, the term: (1) `Commissioner' means the commissioner of human resources.

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(2) `Dead body' means a human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred. (3) `Department' means the Department of Human Resources. (4) `Fetal death' means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. (5) `File' means the presentation of a vital record provided for in this chapter for registration by the vital records registration system. (6) `Final disposition' means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus. (7) `Induced termination of pregnancy' means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth. (8) `Institution' means any establishment, public or private, which provides in-patient or out-patient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law. (9) `Live birth' means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

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(10) `Local custodian' means the person appointed by the state registrar to maintain and certify the local records of birth and death. (11) `Local registrar' means the person appointed by the state registrar to collect and transmit to the department certificates of birth, death, fetal death, and any other reports required by this chapter. (12) `Physician' means a person authorized or licensed to practice medicine or osteopathy pursuant to Chapter 34 of Title 43. (13) `Registration' means the acceptance by the vital records registration system and the incorporation of vital records provided for in this chapter into its official records. (14) `Special abstracting agent' means the person appointed by the state registrar to examine and abstract evidence and submit such information to the department in order to file delayed certificates of birth or amend certificates of birth. (15) `Spontaneous fetal death' means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy. (16) `State registrar' means the person responsible for the state vital records registration system, including the registration, collection, preservation, amendment, and certification of vital records. (17) `Vital records' means certificates or reports of birth, death, marriage, divorce, dissolution of marriage, or annulment and data related thereto. (18) `Vital records registration system' means the registration, collection, preservation, amendment, and certification of vital records; the collection of other reports required by this chapter; and activities related thereto including the tabulation, analysis, and publication of vital statistics.

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(19) `Vital statistics' means the data derived from certificates and reports of birth, death, spontaneous fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment and related reports. 31-10-2. The department shall maintain and operate the state's official vital records registration system. The system shall be in effect in all areas of the state and shall provide for proper administration of the system and preservation of its records. 31-10-3. The department is authorized to adopt, amend, and repeal rules and regulations for the purpose of carrying out the provisions of this chapter. 31-10-4. The commissioner shall appoint the state registrar of vital records, hereinafter referred to as `state registrar,' subject to the rules and regulations of the State Merit System of Personnel Administration, classified service. 31-10-5. (a) The state registrar shall: (1) Administer and enforce the provisions of this chapter and the rules and regulations issued under this chapter and issue instructions for the efficient administration of the vital records registration system; (2) Direct and supervise the system of vital records and be custodian of its records; (3) Direct, supervise, and control the activities of all persons when they are engaged in activities pertaining to the operation of the vital records registration system; (4) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the vital records registration system; (5) Prescribe, furnish, and distribute such forms as are required by this chapter and the rules and regulations issued hereunder or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate reporting and registration;

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(6) Prepare and publish reports of vital statistics of this state and such other reports as may be required by the department; and (7) Provide to local health agencies copies of or data derived from certificates and reports required under this chapter, as the state registrar shall determine are necessary for local health planning and program activities. The state registrar shall establish a schedule with each local health agency for transmittal of the copies or data. The copies or data shall remain the property of the department, and the uses which may be made of them shall be governed by the state registrar. (b) The state registrar may establish or designate offices in the state to aid in the efficient administration of the vital records registration system. (c) The state registrar may delegate such functions and duties vested in the state registrar to employees of the vital records registration system and to employees of any office established or designated under subsection (b) of this Code section. 31-10-6. (a) The state registrar may appoint a local registrar and local custodian for each county and a special abstracting agent as necessary. Appointees must meet the qualifications and perform the duties required by this chapter and regulations of the department. A local registrar, subject to the approval of the state registrar, may appoint a deputy or deputies. A local custodian, subject to the approval of the state registrar, may appoint a clerk or clerks of records. (b) Local registrars shall collect and receive vital records, review them for accuracy and completeness, and keep and submit other reports as may be required by the department. (c) Local custodians shall file, record, and preserve copies of vital records and issue certified copies provided for by law. (d) Special abstracting agents shall examine evidence, abstract evidence onto prescribed forms, and submit such completed forms to the vital records registration system for the filing of delayed certificates of birth or the amendment of certificates of live birth.

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31-10-7. (a) In order to promote and maintain nation-wide uniformity in the system of vital records, the forms of certificates and reports required by this chapter, or by regulations adopted hereunder, shall include as a minimum the items recommended by the federal agency responsible for national vital records and statistics. (b) Each certificate, report, and other document required by this chapter shall be on a form or in a format prescribed by the state registrar. (c) All vital records shall contain the date received for registration. (d) Information required in certificates or reports authorized by this chapter may be filed and registered by photographic, electronic, or other means as prescribed by the state registrar. 31-10-8. (a) The state registrar shall certify to the treasurer of the county each month the number of birth and death certificates and spontaneous fetal death reports filed with the state office of vital records with respect to the treasurer's county and the amount due. Upon certification, any fees due shall be paid by the county treasurer out of the general fund of the county. (b) Each local registrar shall receive from the county treasurer the sum of $2.00 for each complete certificate of birth, death, or spontaneous fetal death report which occurred in that local registrar's county and is personally signed by that local registrar within the time prescribed by this chapter. A fee of 50 shall be paid for certificates or reports filed after the limits shown in this chapter except as noted by regulations adopted by the department. (c) The local custodian of vital records shall be paid a fee of $1.00 for each birth and death certificate properly recorded and indexed. Said fee shall be paid from county funds by the county treasurer. (d) Special abstractors shall be paid a fee of $2.00 for the complete filing of an abstract of evidence for a delayed certificate of birth or an amendment to a certificate of live birth which originates in the abstractor's county. Said fee shall be paid from county funds by the county treasurer.

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(e) Notwithstanding any other provision of this Code section, in counties where the local registrar or local custodian of vital records or special abstracting agent are employees of the county board of health, fees payable under this subsection shall be paid to the county health department monthly. 31-10-9. (a) A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar of the county in which the birth occurs within ten days after such birth and filed in accordance with this Code section and regulations of the department. (b) When a birth occurs in an institution, the person in charge of such institution or that person's designated representative shall obtain the personal data, prepare the birth certificate, secure the signatures required for the certificate, and file it with the local registrar. The physician in attendance shall certify to the facts of birth and provide the medical information required by the certificate within 72 hours after the birth occurs. (c) When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority: (1) The physician or midwife in attendance at or immediately after the birth, or in the absence of such person, (2) Any other person in attendance at or immediately after the birth, or in the absence of such a person, (3) The father, the mother, or in the absence of the father and inability of the mother, the person in charge of the premises where the birth occurred. (d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined.

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(e) The name of the natural father or putative father shall be entered on the certificate of live birth as follows: (1) If the mother was married either at the time of conception or at the time of birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court having jurisdiction, in which case the name of the father as determined by the court shall be entered; (2) If the mother is not married to the father at either the time of conception or at the time of birth, the name of the putative father shall not be entered on the certificate of birth without the written consent of the mother and the person to be named as father; (3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and the surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court; (4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate; or (5) In all other cases, the surname of the child shall be the legal surname of the mother at the time of the birth. (f) The birth certificate of a child born to a married woman as a result of artificial insemination, with consent of her husband, shall be completed in accordance with the provisions of subsection (e) of Code Section 31-10-9. (g) Either of the parents of the child, or other informant, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within the ten days prescribed in subsection (a) of Code Section 31-10-9. (h) All birth certificates filed and registered must identify the recorded person by name, which normally will include the parents' names. No obscenities, numbers, symbols, or other such nonidentifying data will be accepted.

Page 757

31-10-10. (a) Whoever assumes the custody of a live born infant of unknown parentage shall report on a form and in a manner prescribed by the state registrar within ten days to the vital records registration system the following information: (1) The date and place of finding; (2) Sex, color or race, and approximate birth date or age of child; (3) Name and address of the person or institution with whom the child has been placed for care; (4) Name given to the child by the custodian of the child; and (5) Other data required by the state registrar. (b) The place where the child was found shall be entered as the place of birth. (c) A report registered under this Code section shall constitute the certificate of birth for the child. (d) If the child is subsequently identified and a certificate of birth is found or obtained, the report registered under this Code section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. 31-10-11. (a) When a certificate of birth of a person born in this state has not been filed within the time period provided in Code Section 31-10-9, a delayed certificate of birth may be filed in accordance with regulations of the department. The certificate shall be registered subject to such evidentiary requirements as the department shall by regulation prescribe to substantiate the alleged facts of birth. (b) Certificates of birth registered one year or more after the date of birth shall be made on forms prescribed and furnished by the state registrar, marked `Delayed,' and shall show on their face the date of the delayed registration.

Page 758

(c) A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the delayed certificate of birth. (d) When an applicant does not submit the minimum documentation required in the regulations for delayed registration or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of birth and shall advise the applicant in writing of the reasons for this action, and shall further advise the applicant of the applicant's right of judicial appeal. (e) The department may by regulation provide for the dismissal of an application which is not actively prosecuted. 31-10-12. (a) If a delayed certificate of birth is rejected under the provisions of Code Section 31-10-11, a petition signed and sworn to by the petitioner may be filed with a superior court in the county of residence of the person for whom a delayed certificate of birth is sought for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered and shall allege: (1) That the person for whom a delayed certificate of birth is sought was born in this state; (2) That no certificate of birth of such person can be found in the files of the vital records registration system or the office of any local custodian of vital records; (3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with Code Section 31-10-11 and regulations adopted pursuant thereto; (4) That the state registrar has refused to register a delayed certificate of birth; and (5) Such other allegations as may be required. (b) The petition shall be accompanied by a statement of the state registrar made in accordance with Code Section 31-10-11 and all documentary evidence which was submitted to the state registrar in support of such registration.

Page 759

(c) The superior court shall fix a time and place for hearing the petition and shall give the state registrar not less than ten days' notice of said hearing. The state registrar or his authorized representative may appear and testify in the proceeding. (d) If the superior court finds, from the evidence presented, that the person from whom a delayed certificate of birth is sought was so born in this state, it shall make findings as to the place and date of birth, parentage, and such other findings as may be required and shall issue an order, on a form prescribed and furnished by the state registrar, to establish a delayed certificate of birth. This order shall include the birth data to be registered, a description of the evidence presented as prescribed by Code Section 31-10-11 and the date of the court's action. (e) The clerk of superior court shall forward each such order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. Such order shall be registered by the state registrar and shall constitute the certificate of birth from which certified copies may be issued in accordance with this chapter. 31-10-13. (a) For each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the state registrar. The report shall include such facts as are necessary to locate and identify the original certificate of birth of the person adopted; shall provide information necessary to establish a new certificate of birth of the person adopted; and shall identify the order of adoption and be certified by the clerk of court. (b) Information necessary to prepare the report of adoption shall be furnished by each petitioner for adoption or the petitioner's attorney. The appropriate agency or any person having knowledge of the facts shall supply the court with such additional information as may be necessary to complete the report. The provision of such information shall be prerequisite to the issuance of a final decree in the matter by the court. (c) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a report thereof, which shall include such facts as are necessary to identify the original adoption report and the facts amended in the adoption decree as shall be necessary to amend the birth record properly.

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(d) Not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, the clerk of the court shall forward to the state registrar reports of decrees of adoption, annulment of adoption, and amendments of decrees of adoption which were entered in the preceding month, together with such related reports as the state registrar shall require. (e) When the state registrar shall receive a report of adoption, annulment of adoption, or amendment of a decree of adoption of a person born outside this state, the state registrar shall forward such report to the state registrar in the indicated state of birth. If the birth occurred in a foreign country, the report of adoption shall be returned to the attorney or agency handling the adoption for submission to the appropriate federal agency. The state registrar shall establish a certificate of birth for a person born outside this state when the state registrar receives a certificate of adoption if neither parent is the natural parent of the adoptee and when the adoptive parents elect to show Georgia as the state of birth; provided, however, that the adoptee is entitled to citizenship by birth. The certificate of adoption shall specify the place of birth, and a copy of the original birth certificate shall be provided for the state registrar. 31-10-14. (a) The state registrar shall establish a new certificate of birth for a person born in this state when the state registrar receives the following: (1) A report of adoption as provided in Code Section 31-10-13 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; or (2) A request that a new certificate be established as prescribed by regulation and such evidence as required by regulation proving that such person has been legitimated, or that a court of competent jurisdiction has determined the paternity of such a person, or that both parents married to each other have acknowledged the paternity of such person and request that the surname be changed to that of the father. (b) When a new certificate of birth is established, the exact date of birth shall be shown. The true place of birth shall be shown if the

Page 761

adoptee is the natural child of the spouse of the adoptive parent in the case of step-parent adoptions. The true place of birth shall be shown for all legitimations. For full adoptions, where neither parent is the natural parent of the adoptee, the place of birth shall be, at the election of the adoptive parents, either the true place of birth of the adoptee or the residence of the adoptive parents at the time of the adoptee's birth. The place of birth indicated must be located in Georgia. The new certificate shall be substituted for the original certificate of birth and the evidence of adoption, legitimation, paternity determination, or paternity acknowledgment shall be sealed and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. (c) Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation. (d) Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. (e) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this Code section and the date and place of birth have not been determined in the adoption or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in Code Section 31-10-11 or 31-10-12 before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form. (f) When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection or forwarded to the state registrar, as the state registrar shall direct. 31-10-15. (a) A certificate of death for each death which occurs in this state shall be filed with the local registrar of the county in which the death occurred or the body was found within 72 hours after the death but prior to the final disposition or removal of the body from this state as follows:

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(1) If the place of death is unknown but the dead body is found in this state, the certificate of death shall be completed and filed in accordance with this Code section. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it shall be the date the body was found and the certificate marked as such; or (2) When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this state, the death shall be registered in this state and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the body is first removed from the conveyance in this state, the death shall be registered in this state but the certificate shall show the actual place of death insofar as can be determined. (b) The funeral director or person acting as such who first assumes custody of the dead body shall file the certificate of death. Such director or person shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible therefor. (c) The medical certification as to the cause and circumstances of death shall be completed, signed, and returned to the funeral director within 48 hours after death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when inquiry is required by the `Georgia Post-mortem Examination Act.' In the absence of said physician or with that physician's approval the certificate may be completed and signed by an associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes. (d) When death occurs without medical attendance as set forth in subsection (c) of this Code section or when inquiry is required by the `Georgia Post-mortem Examination Act,' the proper person shall investigate the cause of death and shall complete and sign the medical certification portion of the death certificate within 30 days after being notified of the death.

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(e) If the cause of death cannot be determined within 48 hours after death, the medical certification shall be completed as provided by regulation. The attending physician or coroner shall give the funeral director or person acting as such notice of the reason fo the delay, and final disposition of the body shall not be made until authorized by the attending physician or coroner. 31-10-16. (a) A person may be pronounced dead by a qualified physician if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function, or (2) irreversible cessation of all functions of the entire brain, including the brain stem. (b) A person who acts in good faith in accordance with the provisions of subsection (a) of this Code section shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act. (c) The criteria for determining death authorized in subsection (a) of this Code section shall be cumulative to and shall not prohibit the use of other medically recognized criteria for determining death. 31-10-17. (a) When a death certificate is filed with a local registrar, it shall be transmitted to the vital records registration system for state registration within ten days of receipt. After registration and the assignment of a state file number, an authorized copy of the death certificate shall be returned to the local custodian. Certified copies of such death certificates may then be issued from the authorized copy by the local custodian. (b) After a death certificate is filed with a local registrar, but before the death certificate has been registered by the vital records registration system, the local custodian shall be authorized to issue copies of the death certificate to be known as a `certificate of record.' Each certificate of record shall have printed thereon the following: `This is an exact copy of the death certificate received for filing in County.' Such certificate of record shall be signed by the local custodian and have the correct seal affixed thereto. 31-10-18. (a) A report of spontaneous fetal death for each spontaneous fetal death which occurs in this state shall be filed with the local registrar of the county in which the delivery occurred within 72 hours after such delivery in accordance with this Code section

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unless the place of fetal death is unknown, in which case a fetal death certificate shall be filed in the county in which the dead fetus was found within 72 hours after such occurrence. All induced terminations of pregnancy shall be reported in the manner prescribed in Code Section 31-10-19. Preparation and filing of reports of spontaneous fetal death shall be as follows: (1) When a dead fetus is delivered in an institution, the person in charge of the institution or that person's designated representative shall prepare and file the report; (2) When a dead fetus is delivered outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the report; (3) When a spontaneous fetal death required to be reported by this Code section occurs without medical attendance at or immediately after the delivery or when inquiry is required by the `Georgia Post-mortem Examination Act,' the proper investigating official shall investigate the cause of fetal death and shall prepare and file the report within 30 days; and (4) When a spontaneous fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a dead fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state. The place where the fetus was first removed from the conveyance or the dead fetus was found shall be considered the place of fetal death. (b) The medical certification portion of the fetal death report shall be completed and signed within 48 hours after delivery by the physician in attendance at or after delivery except when inquiry or investigation is required by the `Georgia Post-mortem Examination Act.' (c) The name of the father shall be entered on the spontaneous fetal death report in accordance with the provisions of Code Section 31-10-9. 31-10-19. Each induced termination of pregnancy which occurs in this state, regardless of the length of gestation or weight, shall be reported directly to the department within ten days by the person in

Page 765

charge of the institution or clinic, or designated representative, in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution or clinic, the attending physician shall prepare and file the report within the time specified by this Code section. 31-10-20. (a) The funeral director or person acting as such or person who first assumes custody of a dead body shall, prior to final disposition of the body, obtain authorization for final disposition of the body. The physician or coroner when certifying the cause of death also shall authorize final disposition of the body. (b) The funeral director, or person acting as such, or other person who first assumes custody of a dead body or fetus shall obtain a disposition permit prior to the final disposition or removal from the state of the body or fetus and within 72 hours after death. (c) Such disposition permit shall be issued by the local registrar of the county where a satisfactorily completed certificate of death or fetal death is filed. (d) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state. (e) Each person in charge of any place for final disposition shall include in the authorization the date of disposition and shall sign and return all authorizations to the funeral director or other person within ten days after the date of disposition. When there is no person in charge of the place for final disposition, the funeral director or other person shall endorse the authorization and retain such in that director's or other person's files. (f) Prior to final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director or person acting as such, or other person, the person in charge of the institution, or other person assuming responsibility for final disposition of the fetus shall obtain from the parent(s) authorization for final disposition. (g) Disposition permits shall not be required where disposition of fetal remains is within the institution of occurrence and a registry of such events is maintained by the institution.

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(h) With the consent of the physician or coroner who is to certify the cause of death, a dead body may be moved from the place of death for the purpose of being prepared for final disposition. (i) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. Such authorization shall be issued by the local registrar to a licensed funeral director or other person acting as such, upon proper application. (j) A disinterment-reinterment permit shall be issued by the local registrar of the county in which the body was originally interred to a licensed funeral director or to the person acting as such upon application filed in accordance with the rules and regulations promulgated under this Code section. (k) The department shall prescribe rules and regulations so that the local registrars may permit hospitals, funeral homes, or others in their respective counties or in an adjacent or nearby county to issue permits. 31-10-21. (a) A record of each marriage performed in this state shall be filed with the department and shall be registered if it has been completed and filed in accordance with this Code section. (b) The official who issues the marriage license shall prepare the record on the form prescribed and furnished by the state registrar upon the basis of information obtained from both of the parties to be married. (c) A person who performs a marriage shall certify the fact of marriage and return the record to the official who issued the license within ten days after the ceremony. The record shall be completed as prescribed by regulations of the department. (d) Every official issuing marriage licenses shall complete and forward to the department on or before the tenth day of each calendar month a copy of the applications and marriage licenses returned to such official during the preceding calendar month. (e) The official issuing a marriage license shall keep the original of the application and license for the county records from which the official may issue certified copies.

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(f) In addition to the fee provided by Code Section 15-9-60, the official shall be entitled to a filing fee of $1.00 to be paid by the applicant upon application for the marriage license. 31-10-22. (a) A record of each divorce, dissolution of marriage, or annulment granted by any court of competent jurisdiction in this state shall be filed by the clerk of the court with the department and shall be registered if it has been completed and filed in accordance with this Code section. The record shall be prepared by the petitioner or the petitioner's legal representative on a form prescribed and furnished by the state registrar and shall be presented to the clerk of the court with the petition. In all cases, the completed record shall be prerequisite to the granting of the final decree. (b) The clerk of the superior court shall complete and forward to the department on or before the tenth day of each calendar month the records of each divorce, dissolution of marriage, or annulment decree granted during the preceding calendar month. 31-10-23. (a) A certificate or report registered under this chapter may be amended in accordance with this chapter and regulations adopted by the department to protect the integrity and accuracy of vital records. Such regulations shall specify the minimum evidence required for a change in any certificate or report. Amendments to birth and death certificates shall be completed by the department and a copy mailed to the proper local custodian. Amendments to applications for a marriage license or the license shall be completed by the judge of the probate court of the county in which the license was issued. An amendment to divorce reports shall be completed by the clerk of the superior court of the county in which the decree was granted. (b) A certificate or report that is amended under this Code section shall be marked `amended,' except as otherwise provided in this Code section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The department shall prescribe by regulation the conditions under which additions or minor corrections may be made to certificates or records within one year after the date of the event without the certificate or record being marked `amended.'

Page 768

(c) (1) Upon receipt of a certified copy of an order to legitimate a child, or an affidavit signed by the natural parents whose marriage had legitimated a child, the director shall register a new birth certificate if paternity was not shown on the original certificate. Such certificate shall not be marked `amended.' (2) If paternity was shown on the original certificate, the record can be changed only by an order from the superior court to remove the name of the person shown on the certificate as the father and to add the name of the natural father and to show the child as the legitimate child of person so named. The order must specify the name to be removed and the name to be added. (d) Upon receipt of a certified copy of an order from a superior court, probate court, or other court of competent jurisdiction changing the name of a person born in this state and upon request of such person or such person's parents, guardian, or legal representative, the state registrar shall amend the certificate of birth to show the new name. When the names of the parent or parents and the child are changed, the state registrar may register a new certificate if requested by the parents, guardian, or legal representative. Such new certificate shall be marked `amended.' (e) Upon receipt of a certified copy of a court order indicating the sex of an individual born in this state has been changed by surgical procedure and that such individual's name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation. (f) An order from a superior court or probate court shall be required to change the year of birth, to correct a delayed birth certificate, or to remove the name of a father from a birth certificate on file. The person seeking such change, correction, or removal shall institute the proceeding by filing a petition with the appropriate court in the county of residence for an order changing the year of birth, correcting a delayed birth certificate, or removing the name of the father from a birth certificate on file. Such petition shall set forth the reasons therefor and shall be accompanied by all available documentary evidence. The court shall set a date for hearing the petition and shall give the state registrar at least ten days' notice of said hearing. The state registrar or the authorized representative thereof may appear and testify in the proceeding. If the court from the evidence presented finds that such change, correction, or removal

Page 769

should be made, the judge shall issue an order setting out the change to be made and the date of the court's action. The clerk of such court shall forward the petition and order to the state registrar not later than the tenth day of the calendar month following the month in which said order was entered. Such order shall be registered by the state registrar and the change so ordered shall be made. (g) When an applicant does not submit the minimum documentation required in the regulations for amending a vital record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence and if the deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of judicial appeal. (h) When a certificate or report is amended under this Code section, the state registrar shall report the amendment to the proper local custodian and their record shall be amended accordingly. 31-10-24. (a) The department is responsible for the preservation or disposition of all vital records at state or county offices. To preserve vital records, the state registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of certificates or reports in the vital records registration system. Such reproductions when certified by the state registrar or the local custodian shall be accepted as the original records for all purposes. The documents from which permanent reproductions have been made and verified may be preserved or disposed of as provided by regulation. (b) All preserved original or authorized reproductions by the state and local custodians remain the property of the department. Such original or authorized reproductions shall be surrendered to the department when so ordered. 31-10-25. (a) To protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital records, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital records or to copy or issue a copy of all or part of any such record except as authorized by this chapter and by regulation or by order of a court of competent jurisdiction. Regulations adopted under this

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Code section shall provide for adequate standards of security and confidentiality of vital records. The provisions of this subsection shall not apply to court records or indexes of marriage licenses, divorces, and annulments of marriages filed as provided by law. (b) The department shall authorize by regulation the disclosure of information contained in vital records for research purposes. (c) Appeals from decisions of custodians of vital records, as designated under authority of Code Section 31-10-6, who refuse to disclose information or to permit inspection or copying of records as prescribed by this Code section and regulations issued under this Code section shall be made to the state registrar whose decisions shall be binding upon such custodians. (d) Information in vital records indicating that a birth occurred out of wedlock shall not be disclosed except as provided by regulation or upon the order of a court of competent jurisdiction. (e) When 100 years have elapsed after the date of birth or 75 years have elapsed after the date of death or application for marriage, or divorce, dissolution of marriage, or annulment, the records of these events in the custody of the state registrar shall be transferred to the State Archives and such information shall be made available in accordance with regulations which shall provide for the continued safekeeping of the records. (f) Official copies of records of deaths, applications for marriages and marriage certificates, divorces, dissolutions of marriages, and annulments located in the counties shall remain accessible to the public. 31-10-26. (a) In accordance with Code Section 31-10-25 of this chapter and the regulations adopted pursuant thereto: (1) The state registrar or local custodian of vital records appointed by the state registrar to issue certified copies upon receipt of a written application shall issue a certified copy of a vital record in that registrar's or custodian's custody or abstract thereof to any applicant having a direct and tangible interest in the vital record, except that certified copies of certificates shall only be issued to:

Page 771

(A) The person whose record of birth is registered; (B) Either parent or guardian of the person whose record of birth or death is registered; (C) The living legal spouse or next of kin or the legal representative or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose record of birth or death is registered; (D) The court of competent jurisdiction upon its order or subpoena; or (E) Any governmental agency, state or federal, provided such certificate shall be needed for official purposes. (2) Each certified copy issued shall show the date of registration and copies issued from records marked `delayed' or `amended' shall be similarly marked and show the effective date. The documentary evidence used to establish a delayed certificate of birth shall be shown on all copies issued. All forms and procedures used in the issuance of certified copies of vital records in the state shall be provided or approved by the state registrar. (b) A certified copy of a vital record or any part thereof, issued in accordance with subsection (a) of this Code section, shall be considered for all purposes the same as the original and shall be prima-facie evidence of the facts stated therein, provided that the evidentiary value of a certificate or record filed more than one year after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence. (c) The federal agency responsible for national vital statistics may be furnished such copies or date from the system of vital records as it may require for national statistics, provided such federal agency shares in the cost of collecting, processing, and transmitting such data and provided further that such data shall not be used for other than statistical purposes by the federal agency unless so authorized by the state registrar.

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(d) The state registrar may, by agreement, transmit copies of records and other reports required by this chapter to offices of vital records outside this state when such records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. The agreement shall require that the copies be used for statistical and administrative purposes only and the agreement shall further provide for the retention and disposition of such copies. Copies received by the department from offices of vital statistics in other states shall be handled in the same manner as prescribed in this Code section. (e) No person shall prepare or issue any certificate which purports to be an original, certified copy or copy of a vital record except as authorized in this chapter or regulations adopted under this chapter. (f) No copies or parts thereof of a vital record shall be reproduced or information copies for commercial or speculative purposes. This subsection shall not apply to published results of research. 31-10-27. (a) The department shall prescribe the fees to be paid for certified copies of certificates or records, for a search of the files or records, for copies or information provided for research, statistical, or administrative purposes, or for other services. The fee for each search or service shall not exceed $10.00 nor shall the fee for a certified copy of said certificate, record, and certification exceed the total sum of $10.00. (b) Fees collected by the department under this Code section shall be deposited in the general funds of the state. (c) Fees for copies or searches by local custodians of vital records shall be retained by them whether the local custodian is paid on a fee basis, a salary basis, or a combination of both, except in counties where the local custodian of vital records is an employee of the county board of health, in which case said fees shall be remitted monthly to the county health department. 31-10-28. (a) Every person in charge of an institution shall keep a record of personal data concerning each person admitted or confined to such institution. This record shall include such information as required for the certificates of birth and death and the reports of spontaneous fetal death and induced termination of pregnancy required by this chapter. The record shall be made at the time of

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admission from information provided by the person being admitted or confined but, when it cannot be so obtained, the information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record. (b) When a dead body or dead fetus is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the decedent or parents of the fetus, date of death, name and address of the person to whom the body or fetus is released, and the date of removal from the institution. If final disposition is made by the institution, the date, place, and manner of disposition shall also be recorded. (c) A funeral director, embalmer, sexton, or other person who removes from the place of death, transports, or makes final disposition of a dead body or fetus, in addition to filing any certificate or other report required by this chapter or regulations promulgated hereunder, shall keep a record which shall identify the body and such information pertaining to receipt, removal, delivery, burial, or cremation of such body as may be required by regulations adopted by the department. (d) Records maintained under this Code section shall be retained for a period of not less than three years and shall be made available for inspection by the state registrar or the state registrar's representative upon demand. 31-10-29. (a) Any person having knowledge or facts concerning any birth, death, spontaneous fetal death, marriage, induced termination of pregnancy, divorce, dissolution of marriage, or annulment may disclose such facts to the state registrar, and such disclosure shall be absolutely privileged and no cause or action may be brought or maintained against such person for such disclosure. (b) Not later than the tenth day of the month following the month of occurrence, the administrator of each institution shall send to the local vital records registrar a list showing all deaths and fetal deaths occurring in that institution during the preceding month. (c) Upon receipt of a death certificate by any local vital records registration of any person 18 years of age or older, the local registrar shall notify the board of voting registrars in the county of the

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decedent's residence of the name and address of such decedent. If the records of the local registrar reflect that the decedent was a resident of another or other counties within the five years preceding the decedent's death, the local registrar shall also send such information to the board of voting registrars of such county or counties. 31-10-30. To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar is authorized to match birth and death certificates, in accordance with written standards promulgated by the state registrar to prove beyond a reasonable doubt the fact of death and to post the facts of death to the appropriate birth certificate and index. Copies issued from birth certificates marked deceased shall be similarly marked. 31-10-31. (a) A fine of not more than $10,000.00 or imprisonment of not more than five years, or both, shall be imposed on: (1) Any person who willfully and knowingly makes any false statement in a certificate, record, or report required by this chapter, or in an application for an amendment thereof, or in an application for a certified copy of a vital record or who willfully and knowingly supplies false information intending that such information be used in the preparation of any such report, record, or certificate, or amendment thereof; (2) Any person who without lawful authority and with the intent to deceive makes, counterfeits, alters, amends, or mutilates any certificate, record, or report required by this chapter or a certified copy of such certificate, record, or report; (3) Any person who willfully and knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another, for any purpose of deception, any certificate, record, or report required by this chapter or certified copy thereof so made, counterfeited, altered, amended, or mutilated or which is false in whole or in part or which relates to the birth of another person, whether living or deceased; (4) Any employee of the vital records registration system, or appointed local registrar or local custodian or special abstracting agent who willfully and knowingly furnishes or processes a certificate of birth, or certified copy of a certificate of birth, with the

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knowledge or intention that it be used for the purposes of deception; or (5) Any person who without lawful authority possesses any certificate, record, or report required by this chapter or a copy or certified copy of such certificate, record, or report knowing same to have been stolen or otherwise unlawfully obtained. (b) A fine not more than $1,000.00 or imprisonment of not more than one year, or both, shall be imposed on: (1) Any person who willfully and knowingly refuses to provide information required by this chapter or regulations adopted hereunder; (2) Any person who willfully and knowingly transports or accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided in this chapter; (3) Any person who willfully and knowingly neglects or violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon such person by this chapter. 31-10-32. The department may, by regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this chapter, provide for the extension of the periods for the filing of certificates or reports. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. 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

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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 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 repealed. Approved April 13, 1982. ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDED. Code Section 20-2-183 Amended. No. 1217 (House Bill No. 782). AN ACT To amend an Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, so as to provide additional requirements relative to the school lunch program; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, is amended by adding at the end of Section 22 a new subsection (c) to read as follows:

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(c) (1) The State Board of Education shall establish a system of allotment of funds to local units of administration in order to provide for services rendered on a ten-month basis by school food and nutrition personnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalents needed to plan, prepare, and serve meals in that local unit of administration times an annual base payment. The local unit of administration will determine the salary schedule and personnel policies in accordance with paragraph (3) of this subsection. For each school food manager, the local unit of administration shall earn the base payment in addition to an amount not to exceed $100.00 per month. (2) For the first year in which funds are appropriated for this purpose, the base payment shall be calculated on the basis of an annual number of hours (190 days x 8 hours) for a full-time equivalent times an amount not less than one-third of the federal minimum wage in effect as of January 1 of the preceding year. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for professional certificated personnel. The State Board of Education shall annually establish a state performance standard and shall determine the number of full-time equivalents needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year. (3) The local unit of administration shall establish a staffing pattern and determine the number of personnel to employ. Local units of administration shall establish the salary schedule for school food and nutrition personnel and shall use base payments to help finance the locally established salary schedule. Part 2 Section 2. Code Section 20-2-183 of the Official Code of Georgia Annotated, relating to funding food services under the Adequate Program for Education in Georgia Act, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) (1) The State Board of Education shall establish a system of allotment of funds to local units of administration in order to

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provide for services rendered on a ten-month basis by school food and nutrition personnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalents needed to plan, prepare, and serve meals in that local unit of administration times an annual base payment. The local unit of administration will determine the salary schedule and personnel policies in accordance with paragraph (3) of this subsection. For each school food manager, the local unit of administration shall earn the base payment in addition to an amount not to exceed $100.00 per month. (2) For the first year in which funds are appropriated for this purpose, the base payment shall be calculated on the basis of an annual number of hours (190 days x 8 hours) for a full-time equivalent times an amount not less than one-third of the federal minimum wage in effect as of the January 1 of the preceding year. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for professional certificated personnel. The State Board of Education shall annually establish a state performance standard and shall determine the number of full-time equivalents needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year. (3) The local unit of administration shall establish a staffing pattern and determine the number of personnel to employ. Local units of administration shall establish the salary schedule for school food and nutrition personnel and shall use base payments to help finance the locally established salary schedule. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GRAND JURIES ELECTED OFFICIALS INELIGIBLE TO SERVE. Code Sections 59-201, 15-12-60 Amended. No. 1218 (House Bill No. 823). AN ACT To amend Code Chapter 59-2, relating to grand juries in general, as amended, particularly by an Act approved March 11, 1977 (Ga. L. 1977, p. 341), so as to provide that all elected officers and officials shall be ineligible to serve on grand juries while holding elective office and for two years thereafter; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 59-2, relating to grand juries in general, as amended, particularly by an Act approved March 11, 1977 (Ga. L. 1977, p. 341), is amended by striking Code Section 59-201, relating to qualifications, which reads as follows: 59-201. Qualifications of grand jurors; incompetency of certain public officers to serve. All citizens of this State, 18 years of age or older, being neither idiots, lunatics, nor insane, who have resided in the county for six months preceding the time of serving, and who are the most experienced, intelligent, and upright persons, are qualified, and liable to serve as grand jurors, unless exempted by law: Provided,

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however, that all elected public officers and officials, county commissioners, tax receivers, tax collectors, members of the county board of education, county school commissioners, judges of the probate courts, and county treasurers shall be incompetent to serve as grand jurors during their respective terms of office. Provided further, however, that persons who have been convicted of a felony, and who remain unpardoned or whose civil rights have not been restored are incompetent to serve as grand jurors., and inserting in its place a new Code Section 59-201 to read as follows: 59-201. Qualifications. (a) Except as provided in subsection (b), all citizens of this state 18 years of age or older who are neither idiots, lunatics, or insane, who have resided in the county for six months preceding the time of service, and who are the most experienced, upright, and intelligent persons are qualified and liable to serve as grand jurors unless exempted by law. (b) The following persons are incompetent to serve as grand jurors: (1) Any person who holds any elective office in state or local government or who has held any such office within a period of two years preceding the time of service as a grand juror; and (2) Any person who has been convicted of a felony and who has not been pardoned or had his or her civil rights restored. Part 2 Section 2. Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, is amended by striking Code Section 15-12-60 which reads as follows: 15-12-60. All citizens of this state, 18 years of age or older, who are not incompetent because of mental illness or mental retardation, who have resided in the county for six months preceding the time of serving, and who are the most experienced, intelligent, and upright persons are qualified and liable to serve as grand jurors unless exempted by law; provided, however, that all elected public officers and officials, county commissioners, tax receivers, tax collectors, members of the county board of education, county school commissioners,

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judges of the probate courts, and county treasurers shall be incompetent to serve as grand jurors during their respective terms of office; and provided, further, that persons who have been convicted of a felony who remain unpardoned or whose civil rights have not been restored are incompetent to serve as grand jurors., and inserting in its place a new Code section to read as follows: 15-12-60. (a) Except as provided in subsection (b) of this Code section, all citizens of this state 18 years of age or older who are neither idiots, lunatics, or insane, who have resided in the county for six months preceding the time of service, and who are the most experienced, upright, and intelligent persons are qualified and liable to serve as grand jurors unless exempted by law. (b) The following persons are incompetent to serve as grand jurors: (1) Any person who holds any elective office in state or local government or who has held any such office within a period of two years preceding the time of service as a grand juror; and (2) Any person who has been convicted of a felony and who has not been pardoned or had his or her civil rights restored. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. EFFECTIVE DATE OF ACT PROVIDING FOR TREATMENT OF ALCOHOLISM, ETC. Code Section 37-8-53 Amended. No. 1219 (House Bill No. 870). AN ACT To amend an Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. L. 1974, p. 200), as amended, particularly by an Act approved April 13, 1981 (Ga. L. 1981, p. 1433), so as to change the effective date of that Act; to amend Chapter 8 of Title 37 of the Official Code of Georgia Annotated, which chapter relates to treatment of alcoholics and intoxicated persons, so as to delay the effective date of certain articles in that chapter; to provide for effective dates and 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: Part 1 Section 1. An Act providing for the comprehensive treatment of alcoholism and intoxication, approved March 18, 1974 (Ga. L. 1974, p. 200), as amended, particularly by an Act approved April 13, 1981 (Ga. L. 1981, p. 1433), is amended by striking Section 23 in its entirety and inserting in its place a new Section 23 to read as follows: Section 23. This Act shall become effective July 1, 1983.

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Part 2 Section 2. Chapter 8 of Title 37 of the Official Code of Georgia Annotated, which chapter relates to treatment of alcoholics and intoxicated persons, is amended by adding at the end thereof a new Article 4 to read as follows: Article 4 37-8-53. Articles 1, 2, and 3 of this Chapter 8 shall not become effective until July 1, 1983; notwithstanding Code Section 1-1-9, relating to the effective date of the Official Code of Georgia Annotated. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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GEORGIA CIVIL PRACTICE ACT AMENDED EFFECT OF DISMISSAL. Code Section 9-11-41 Amended. No. 1220 (House Bill No. 883). AN ACT To amend the Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, so as to change the effect of a dismissal for failure of the plaintiff to prosecute; to provide for related matters; to amend the Official Code of Georgia Annotated; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. The Georgia Civil Practice Act, approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, is hereby amended by striking the last sentence of subsection (b) of Section 41 and inserting in lieu thereof the following: The effect of dismissals shall be as follows: (1) A dismissal for failure of the plaintiff to prosecute does not operate as an adjudication upon the merits; and (2) Any other dismissal under this subsection and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, does operate as an adjudication upon the merits unless the court in its order for dismissal specifies otherwise., so that when so amended said subsection (b) shall read as follows: (b) Involuntary Dismissal: Effect Thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against him. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief.

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The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. The effect of dismissals shall be as follows: (1) A dismissal for failure of the plaintiff to prosecute does not operate as an adjudication upon the merits; and (2) Any other dismissal under this subsection and any dismissal not provided for in this section, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, does operate as an adjudication upon the merits unless the court in its order for dismissal specifies otherwise. Part 2 Section 2. Code Section 9-11-41, relating to dismissal of civil actions, is amended by replacing subsection (b) with a new subsection to read as follows: (b) For failure of the plaintiff to prosecute or to comply with this chapter or any order of court, a defendant may move for dismissal of an action or of any claim against him. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine the facts and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. The effect of dismissals shall be as follows: (1) A dismissal for failure of the plaintiff to prosecute does not operate as an adjudication upon the merits; and (2) Any other dismissal under this subsection and any dismissal not provided for in this Code section, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, does operate as an adjudication upon the merits unless the court in its order for dismissal specifies otherwise. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982.

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(c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. HABEAS CORPUS RELIEF FROM COURT SENTENCES. Code Sections 50-127, 9-14-42, 9-14-48 Amended. No. 1221 (House Bill No. 931). AN ACT To amend Code Section 50-127, relating to procedures for habeas corpus relief from court sentences, as amended, particularly by an Act approved April 24, 1975 (Ga. L. 1975, p. 1143), so as to change provisions relating to grounds for the writ and waiver of rights and the effect of waiver on habeas corpus proceedings; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 50-127, relating to procedures for habeas corpus relief from court sentences, as amended, particularly by an Act approved April 24, 1975 (Ga. L. 1975, p. 1143), is amended by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows:

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(1) Grounds for Writ. Any person imprisoned by virtue of a sentence imposed by a State court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of the State of Georgia may institute a proceeding under this Section. The right to object to the composition of the grand or traverse jury will be deemed waived under this section, unless the person challenging the sentence shows in the petition and satisfies the court that cause exists for his being allowed to pursue the objection after the conviction and sentence has otherwise become final. Section 2. Said Code Section 50-127 is further amended by striking subparagraph (d) of paragraph (7), which reads as follows: (d) If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence challenged in the proceeding and such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper. In all cases the court shall dispose of the matter as law and justice require., and inserting in its place a new subparagraph (d) of paragraph (7) to read as follows: (d) The court shall review the trial record and transcript of proceedings and consider whether the petitioner made timely motion or objection or otherwise complied with Georgia procedural rules at trial and on appeal; and absent a showing of cause for noncompliance with such requirement, and of actual prejudice, habeas corpus relief shall not be granted. In all cases habeas corpus relief shall be granted to avoid a miscarriage of justice. If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence challenged in the proceeding and such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper. Part 2 Section 3. Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedures for persons under court sentence, is amended by striking Code Section 9-14-42 and inserting in its place a new Code section to read as follows:

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9-14-42. (a) Any person imprisoned by virtue of a sentence imposed by a state court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of this state may institute a proceeding under this article. (b) The right to object to the composition of the grand or trial jury will be deemed waived under this Code section unless the person challenging the sentence shows in the petition and satisfies the court that cause exists for his being allowed to pursue the objection after the conviction and sentence has otherwise become final. Section 4. Said article is further amended by striking subsection (d) of Code Section 9-14-48 which reads as follows: (d) If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence challenged in the proceeding and shall enter such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper. In all cases, the court shall dispose of the matter as law and justice require., and inserting in its place a new subsection to read as follows: (d) The court shall review the trial record and transcript of proceedings and consider whether the petitioner made timely motion or objection or otherwise complied with Georgia procedural rules at trial and on appeal; and absent a showing of cause for noncompliance with such requirement, and of actual prejudice, habeas corpus relief shall not be granted. In all cases habeas corpus relief shall be granted to avoid a miscarriage of justice. If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence challenged in the proceeding and such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. (d) The provisions of this Act shall not be applied to any habeas corpus petition filed prior to January 1, 1983. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. CRIMINAL CODE AMENDED CONCEALED WEAPONS, ETC. Code Sections 26-2907, 16-11-130 Amended. No. 1222 (House Bill No. 1153). 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 additional exemptions in Code Section 26-2907 for probation supervisors and public safety directors of municipal corporations; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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:

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Part 1 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 amended to read as follows: 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; (7) the Attorney General and those members of his staff whom he specifically authorizes in writing to carry a weapon; (8) probation supervisors employed by and under the authority of the Department of Offender Rehabilitation pursuant to the `State-wide Probation Act' when specifically designated and authorized in writing by the Director of Division of Probation; and (9) public safety directors of municipal corporations. A prosecution based upon a violation of Sections 26-2901, 26-2902, 26-2903, or 26-2906 need not negative any exemptions. Part 2 Section 2. Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from Code Sections 16-11-126 through 16-11-128, relating to firearms and weapons, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) Code Sections 16-11-126 through 16-11-128 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 correctional institutions, 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; (7) The Attorney General and those members of his staff whom he specifically authorizes in writing to carry a weapon; (8) Probation supervisors employed by and under the authority of the Department of Offender Rehabilitation pursuant to the `State-wide Probation Act' when specifically designated and authorized in writing by the Director of Division of Probation; and (9) Public safety directors of municipal corporations. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. REPORTS OF ARSON, ETC. TO STATE FIRE MARSHAL. Code Section 25-2-33.1 Enacted. No. 1223 (House Bill No. 1157). AN ACT To amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating, to the regulation of fire and other hazards to persons and property, so as to require fire departments to make certain reports of incidents or suspected incidents of arson; to require local law enforcement agencies to make such reports under certain circumstances; to require notification prior to the payment of certain insurance claims relating to reported incidents or suspected incidents of arson; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property, is amended by adding between Code Sections 25-2-33 and 25-2-34 a new Code Section 25-2-33.1 to read as follows:

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25-2-33.1 (a) The fire department of each county and municipality and any other organized fire department operating within this state shall report every incident or suspected incident of arson to the local law enforcement agency, the state fire marshal, and every insurance company with a known pecuniary interest in the cause of the fire in which arson is involved or suspected to be involved. In any local jurisdiction where an organized fire department is not operating, the local law enforcement agency investigating a fire shall make the reports required by this Code section. Such reports shall be made on forms provided for that purpose by the state fire marshal. (b) Any insurance company which has received a report of an incident or suspected incident of arson under subsection (a) of this Code section shall not pay any claim relating thereto prior to notifying in writing the state fire marshal and local fire department of the date the claim is to be paid. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. DISTRIBUTION OF OFFICIAL CODE OF GEORGIA. No. 1224 (House Bill No. 1162). AN ACT To provide for the distribution of state copies of the Official Code of Georgia Annotated; to provide responsibility for upkeep and supplementation; to designate the copies as property of the state; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to a contract between the state, through the Code Revision Commission, and the Michie Company of Charlottesville, Virginia, the state shall receive 500 sets of the Official Code of Georgia Annotated. This Act shall provide for distribution of the sets. Section 2. The sets of the Official Code of Georgia Annotated shall be distributed as follows: Distributee Sets General Assembly and Legislative Counsel 40 Supreme Court 12 Court of Appeals 27 Superior Court Judges 124 District Attorneys 44 Law Department (including state law library) 24 Administrative Office of the Courts 1 Prosecuting Attorneys Council 2 Governor 8 Department of Administrative Services 1 Department of Agriculture 3 Department of Audits and Accounts 3 Department of Banking and Finance 3 Georgia Building Authority 1 Department of Community Affairs 1 Comptroller General 3 Consumers' Utility Counsel 1 Department of Defense 8 Department of Education 2 Georgia Forestry Commission 1 Georgia Bureau of Investigation 1 Georgia Student Finance Commission 1 Department of Human Resources 4 Department of Industry and Trade 1 Department of Labor 4 Department of Medical Assistance 1 Merit System of Personnel Administration 1 Department of Natural Resources 3 Department of Offender Rehabilitation 3 Department of Public Safety 5 Public Service Commission 11 Board of Regents of the University System of Georgia 2 Department of Revenue 21 Secretary of State 10 State Board of Pardons and Paroles 1 Department of Transportation 5 Department of Veterans Service 1 State Board of Workers' Compensation 10 One set for each two state-paid assistant district attorneys 53 One set for the library of each unit of the University System of Georgia 33

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All remaining sets shall be divided evenly between the law schools of the University of Georgia and Georgia State University. Section 3. The sets of books shall remain the property of the state. If a distributee is a state official, upon leaving office he shall deliver the set to his successor in office. Section 4. Distributees shall be responsible for any needed upkeep and supplementation of the sets. 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 repealed. Approved April 13, 1982.

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GUARDIAN AND WARD APPOINTMENT, ETC. OF GUARDIANS AD LITEM. Code Chapter 49-6, Code Title 29 - Chapter 5 Amended. No. 1225 (House Bill No. 1179). AN ACT To amend Code Chapter 49-6, relating to guardians for incapacitated adults, so as to provide that the guardian ad litem of a person alleged to be incompetent may also be the attorney appointed for the alleged incompetent; to provide for fees for service as such guardian ad litem and attorney; to amend the Official Code of Georgia Annotated accordingly; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 49-6, relating to guardians for incapacitated adults, is amended by striking paragraph (2)(D) of subsection (b) of Code Section 49-606 and inserting in its place a new paragraph (2)(D) to read as follows: (D) Upon application of any interested person or on the court's own motion, consider whether to appoint a guardian ad litem; but the decision as to whether to appoint a guardian ad litem shall be in the sole discretion of the probate judge. The guardian ad litem, if an attorney, may also be appointed as counsel for the proposed ward, as provided in subparagraph (B) of this paragraph; and in such a case the person so appointed may be compensated both as the attorney and as the guardian ad litem, as provided in subsections (e) and (f) of Code Section 49-613;. Section 2. Said Code chapter is further amended by striking subsection (e) of Code Section 49-613 and inserting new subsections (e) and (f) to read as follows: (e) For any hearing under the provisions of this chapter, the sum to be paid to an attorney appointed to represent an allegedly

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incapacitated person shall not exceed $25.00 and actual expenses. In exceptional circumstances, the attorney may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amount specified herein. If the attorney also serves as guardian ad litem he shall also receive for his services as such the fee specified in subsection (f) of this Code section. (f) The guardian ad litem shall receive for each day he serves as such the same fee as is paid to witnesses for each day in attendance at superior court. Part 2 Section 3. Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians for incapacitated adults is amended by striking paragraph (2)(D) of subsection (b) of Code Section 29-5-6 and inserting in its place a new paragraph (2)(D) to read as follows: (D) Upon application of any interested person or on the court's own motion, consider whether to appoint a guardian ad litem, provided that the decision as to whether to appoint a guardian ad litem shall be in the sole discretion of the judge of the probate court. The guardian ad litem, if an attorney, may also be appointed as counsel for the proposed ward, as provided in subparagraph (B) of this paragraph; and in such a case the person so appointed may be compensated both as the attorney and as the guardian ad litem, as provided in subsections (e) and (f) of Code Section 29-5-13; and. Section 4. Said chapter is further amended by striking subsection (e) of Code Section 29-5-13 and inserting new subsections (e) and (f) to read as follows: (e) For any hearing under this chapter, the sum to be paid to an attorney appointed to represent an allegedly incapacitated person shall not exceed $25.00 and actual expenses. In exceptional circumstances, the attorney may apply to the superior court of the judicial circuit in which the hearing was held for an order granting reasonable fees in excess of the amount specified in this subsection. If the attorney also serves as guardian ad litem he shall also receive for his services as such the fee specified in subsection (f) of this Code section.

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(f) The guardian ad litem shall receive for each day he serves as such the same fee as is paid to witnesses for each day in attendance at superior court. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. ACT REGULATING PRACTICE OF PROFESSIONAL SANITARIANS AMENDED. Code Section 43-42-5.1 Enacted. No. 1226 (House Bill No. 1189). AN ACT To amend an Act regulating the practice of professional sanitarians, approved March 7, 1957 (Ga. L. 1957, p. 219), as amended, particularly by an Act approved April 2, 1980 (Ga. L. 1980, p. 1459), so as to provide for the licensure as registered professional sanitarians of certain persons who do not meet the requirements for licensure under certain conditions; to amend Chapter 42 of Title 43 of the Official Code of Georgia Annotated, which chapter relates to registered

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professional sanitarians, so as to provide for the same changes described above; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act regulating the practice of professional sanitarians, approved March 7, 1957 (Ga. L. 1957, p. 219), as amended, particularly by an Act approved April 2, 1980 (Ga. L. 1980, p. 1459), is amended by adding immediately before Section 3 thereof a new Section 2A to read as follows: Section 2A. A person who does not meet the requirements for licensure under this Act but who had been employed as a sanitarian for at least 12 years prior to July 1, 1977, and who makes application for licensure as a sanitarian before July 1, 1982, may be granted a license as a registered professional sanitarian if he pays the required fees. Part 2 Section 2. Chapter 42 of Title 43 of the Official Code of Georgia Annotated, which chapter relates to registered professional sanitarians, is amended by adding immediately after Code Section 43-42-5 a new Code Section 43-42-5.1 to read as follows: 43-42-5.1. A person who does not meet the requirements for licensure under this chapter but who had been employed as a sanitarian for at least 12 years prior to July 1, 1977, and who makes application for licensure as a sanitarian before July 1, 1982, may be granted a license as a registered professional sanitarian if he pays the required fees. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982.

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(c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. JURIES OATH ON VOIR DIRE. Code Sections 59-704.1, 15-12-132 Amended. No. 1227 (House Bill No. 1192). AN ACT To amend Code Section 59-704.1, relating to the oath of juries on voir dire, so as to provide that the oath may be administered by the judge or the clerk; to amend Code Section 15-12-132 of the Official Code of Georgia Annotated, relating to the oath of jurors on voir dire, so as to provide for the same change described above; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part I Section 1. Code Section 59-704.1, relating to the oath of juries on voir dire, is hereby amended by adding after the word judge the following: or the clerk of court, so that when so amended said Code section shall read as follows: 59-704.1. Oath of jury for voir dire. Each panel, prior to commencing voir dire, shall take the following oath: `You shall give

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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 or the clerk of court. Part II Section 2. Code Section 15-12-132 of the Official Code of Georgia Annotated, relating to the oath of jurors on voir dire, is hereby amended by adding after the word judge the following: or the clerk of court, so that when so amended said Code section shall read as follows: 15-12-132. 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 or the clerk of court. Part III Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. (b) Part I of this Act shall be repealed effective November 1, 1982. (c) Part II of this Act shall become effective November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1982. GEORGIA INSURANCE CODE AMENDED PAYMENTS TO THIRD PARTIES, ETC. Code Sections 56-407B, 33-7-11.1 Enacted. No. 1228 (House Bill No. 127). AN ACT To amend Code Chapter 56-4, relating to kinds of insurance, as amended, so as to define certain terms; to provide for the time at which benefits for loss of use of a motor vehicle shall become payable to third parties pursuant to certain insurance policies; to provide for interpretation; to provide for other matters relative to the foregoing; to provide for applicability; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 56-4, relating to kinds of insurance, as amended, is amended by adding a new Code section following Code Section 56-407A, relating to requirements of motor vehicle liability policies and coverage of claims against uninsured motorists, to be designated Code Section 56-407B, to read as follows: 56-407B. Loss of use of motor vehicle; time when liability for payment of benefits to third party commences. (a) As used in this Code section, `liability insurance policy' means an automobile liability or motor vehicle liability insurance policy issued or delivered in

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this state to the owner of such vehicle or issued or delivered by any insurer licensed in this state upon any such motor vehicle then principally garaged or principally used in this state. (b) Whenever any insurer undertakes pursuant to any automobile liability or motor vehicle liability insurance policy to pay benefits to a third party on behalf of an insured for loss of use of such a motor vehicle, the liability of the insurer for payment of the benefits to the third party shall commence as of the time of the incident or occurrence which results in the loss of use of the motor vehicle; provided, however, in no event shall this Code section be construed so as to require the payment of loss of use benefits in an amount which is greater than the actual loss of use suffered. (c) The provisions of this Code section shall be applicable to all automobile liability or motor vehicle liability insurance policies pursuant to which an insurer undertakes to pay benefits to a third party on behalf of an insured for the loss of use of such motor vehicle issued, delivered, or renewed in this state on or after July 1, 1982. Part 2 Section 2. Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risks, and reinsurance, is amended by adding a new Code section following Code Section 33-7-11, relating to requirements for motor vehicle liability policies and coverage of claims against uninsured motorists, to be designated Code Section 33-7-11.1, to read as follows: 33-7-11.1. (a) As used in this Code section, `liability insurance policy' means an automobile liability or motor vehicle liability insurance policy issued or delivered in this state to the owner of such vehicle or issued or delivered by any insurer licensed in this state upon any such motor vehicle then principally garaged or principally used in this state. (b) Whenever any insurer undertakes pursuant to any automobile liability or motor vehicle liability insurance policy to pay benefits to a third party on behalf of an insured for loss of use of such a motor vehicle, the liability of the insurer for payment of the benefits to the third party shall commence as of the time of the incident or occurrence which results in the loss of use of the motor vehicle; provided, however, in no event shall this Code section be construed so as to

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require the payment of loss of use benefits in an amount which is greater than the actual loss of use suffered. (c) The provisions of this Code section shall be applicable to all automobile liability or motor vehicle liability insurance policies pursuant to which an insurer undertakes to pay benefits to a third party on behalf of an insured for the loss of use of such motor vehicle issued, delivered, or renewed in this state on or after November 1, 1982. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. STONE MOUNTAIN MEMORIAL ASSOCIATION ACT AMENDED SALE OF ALCOHOLIC BEVERAGES. No. 1229 (House Bill No. 251). AN ACT To amend an Act known as the Stone Mountain Memorial Association Act, approved February 21, 1958 (Ga. Laws 1958, p. 61), as amended, so as to authorize certain sales of alcoholic beverages, upon obtaining a license from the Department of Revenue, by the Stone Mountain Memorial Association at certain locations; to provide

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for certain restrictions; to provide 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 Stone Mountain Memorial Association Act, approved February 21, 1958 (Ga. Laws 1958, p. 61), as amended, is hereby amended by adding a new subsection (n) at the end of Section 5 to read as follows: (n) To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages, as defined in Code Title 5A, relating to alcoholic beverages, at any motel, hotel, or convention center of the Association located within the territorial limits of property controlled by the Stone Mountain Memorial Association. Provided, however, no license for the sale of alcoholic beverages in unbroken packages for carry-out purposes shall be issued. 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, 1982. DOMICILE OF MARRIED PERSONS. Code Sections 79-403, 19-2-3 Amended. No. 1230 (House Bill No. 307). AN ACT To amend Code Chapter 79-4, relating to domicile, as amended, so as to provide for the domicile of married persons; to amend the Official Code of Georgia Annotated accordingly; to provide for effective

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dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 79-4, relating to domicile, as amended, is amended by striking Code Section 79-403, relating to the domicile of married women, which reads as follows: 79-403. Feme covert. The domicile of a married woman shall be that of her husband, except in two cases: 1. Of voluntary separation and living apart. 2. Of a pending application for divorce. In either case her domicile shall be determined as if she were a feme sole., and inserting in its place a new Code Section 79-403 to read as follows: 79-403. Domicile of married persons. The domicile of a married person shall not be presumed to be the domicile of that person's spouse. Part 2 Section 2. Chapter 2 of Title 19 of the Official Code of Georgia Annotated, relating to domicile, is amended by striking Code Section 19-2-3, which reads as follows: 19-2-3. The domicile of a married woman shall be that of her husband, except in cases of voluntary separation where the spouses are living apart and in cases in which an application for divorce is pending. In either of such cases, the domicile of the married woman shall be determined as if she were a feme sole., and inserting in its place a new Code Section 19-2-3 to read as follows: 19-2-3. The domicile of a married person shall not be presumed to be the domicile of that person's spouse. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. CORPORATIONS CORPORATE TAKEOVERS. Code Chapter 22-19 Amended. Code Title 14 - Chapter 6 Amended. No. 1231 (House Bill No. 454). AN ACT To amend Code Chapter 22-19, relating to corporate takeovers, so as to provide that it shall be applicable with respect to takeover bids directed at joint-stock associations and certain other unincorporated enterprises having specified relationships with this state; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 22-19, relating to corporate takeovers, is amended by striking subsections (a), (b), (f), and (g) of Code Section 22-1901 in their entirety and inserting in lieu thereof new subsections (a), (b), (f), and (g) and a new subsection (j), to read as follows:

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(a) `Equity security' means any of the units into which the proprietary, financial, or beneficial interests in a domestic or foreign corporation or joint-stock association are divided, or any security convertible into any such unit, or any warrant or right to subscribe for or purchase any such unit. (b) `Person' means any individual, corporation, partnership, limited partnership, syndicate, joint-stock association, or other joint-stock company, unincorporated organization, trust, estate, or association. (f) (1) `Takeover bid' means (A) The offer to acquire or the acquisition of any equity security of an offeree company by means of a tender offer or request or invitation for tenders, if after the acquisition thereof the offeror, together with its associates, would be directly or indirectly a beneficial owner of more than 10 percent of any class of the outstanding equity securities of the offeree company, or (B) The offer to acquire or the acquisition of any equity security of an offeree company by any means other than a tender offer or request or invitation for tenders as contemplated by (A) above, if prior to such offer or acquisition the offeror, together with its associates, is directly or indirectly the beneficial owner of more than 10 percent of any class of equity security of the offeree company and such acquisition, together with all other acquisitions by such offeror and its associates within the 12 month period immediately preceding the date of such offer or acquisition, would constitute more than 2 percent of any class of equity security of the offeree company. (2) With respect to conduct of the type specified in subparagraph (f)(1)(A) of Code Section 22-1901 and subparagraph (f)(1)(B) of Code Section 22-1901, a takeover bid shall not include, for the purposes of this chapter, an offer to acquire, or the acquisition of, any equity security of an offeree company pursuant to: (A) An offer or offers made to not more than 15 offerees during any period of 12 consecutive months;

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(B) An offer made on substantially equal terms to all shareholders of the class of equity securities of the offeree company to which the offer relates and as to which the offeree company, acting through its board of directors, board of trustees, or other governing body, has, prior to the time that such offer is first made, recommended acceptance to such shareholders, if the terms thereof, including any inducements to officers, directors, trustees, or other governing officials of the offeree company and any of their associates that are not available to all shareholders, have been disclosed to all shareholders; (C) An offer by a corporation or joint-stock association to acquire its own equity securities or the equity securities of its subsidiary corporation as defined in subsection (c) of Code Section 22-102; or (D) An offer to exchange the securities of an issuer for equity securities of an offeree company where the securities proposed to be issued are registered pursuant to the federal Securities Act of 1933, as amended, or the `Georgia Securities Act of 1973,' approved April 18, 1973 (Ga. Laws 1973, p. 1202), as amended, in connection with such offer. (E) (i) An offer by a person to exchange securities for, seek to acquire, or acquire in the open market or otherwise, any voting securities of a domestic insurer or of a person controlling a domestic insurer if such person making the offer is subject to the requirements of Section 56-3403 of the Georgia Insurance Code relating to acquisitions of or mergers with domestic insurers, or (ii) an offer by a person to merge with a domestic insurer or with a person controlling a domestic insurer, if such person making the offer is subject to the requirements of Section 56-3403 of the Georgia Insurance Code relating to acquisitions of or mergers with domestic insurers. (3) With respect solely to conduct of the type specified in subparagraph (f)(1)(B) of Code Section 22-1901, a takeover bid shall not include, for the purposes of this chapter, an offer to acquire, or the acquisition of, any equity security of an offeree company pursuant to an offer made by (A) a person who is an officer, director, trustee, or other governing official of the offeree

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company or who, together with his associates, is directly or indirectly the beneficial owner of more than 50 percent of the outstanding equity securities of the offeree company, or (B) any relative or spouse of such person, or any relative of such spouse, who has the same home as such person. (g) `Offeree company' means a corporation or joint-stock association having 100 or more holders of record of its equity securities and whose equity securities are the subject of a takeover bid, which (1) in the case of a domestic corporation or joint-stock association has either its principal office in this state or significant assets in this state, or (2) in the case of a foreign corporation or joint-stock association has both its principal office in this state and significant assets in this state. (j) `Joint-stock association' means 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 chapter includes every member of such joint-stock association or holder of a share of stock or other evidence of financial or beneficial interest therein. Section 2. Said Code chapter is further amended by striking subsections (b) and (e) of Code Section 22-1902 in their entirety and inserting in lieu thereof new subsections (b) and (e) to read as follows: (b) In the case of an offeror which is a corporation, the registration statement shall be executed by the offeror in the manner provided in subsection (c) of Code Section 22-104, and in the case of all other offerors, as prescribed by the commissioner. The registration statement shall be filed with the commissioner on forms prescribed by the commissioner. The registration statement shall be accompanied by a consent to service of process properly executed by each person who may be deemed an offeror in the form specified in Code Section 22-1908 and by the filing fee specified in subsection (a) of Code Section 22-1909. The registration statement shall contain the

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following information and such additional information as the commissioner by rule or order shall prescribe: (1) The identity, business or occupation, background, and address of the principal place of business of each person who may be deemed an offeror as defined in subsection (c) of Code Section 22-1901; (2) The amount of equity securities of the offeree company beneficially owned by each offeror and its officers and directors and by each associate of such offeror and of its officers and directors, the amount of equity securities acquired during the last 12 months by each such person and the consideration paid therefor, and the amount of equity securities of the offeree company which each such person has a right to acquire directly or indirectly, together with the name and address of the principal place of business of each such person; (3) The source and amount of funds or other consideration used or to be used in acquiring any equity securities of the offeree company and, if any part of such funds or other consideration is or will be borrowed or obtained from any other person, a description of the transaction and the names of the parties thereto, except that where a source of funds is a loan made in the ordinary course of business by a bank, if the person filing such statement so requests, the name of the bank shall not be made available to the public; (4) A statement of any plans, intentions, or proposals which the offeror has to liquidate the offeree company, relocate any operations of the offeree company, sell any of its assets, effect its merger or consolidation, or make any other material changes in its business, corporate or legal structure, management, or personnel; (5) All material information as to any contracts, arrangements, or understandings, either existing or proposed, which the offeror has with any person with respect to the takeover bid or with respect to any equity securities of the offeree company, including any employment or management contracts with existing management or any employment or management contracts proposed between the offeror and the existing management of the offeree company, transfers of any equity securities, joint ventures, loan or option agreements, puts and calls, guarantees of loans,

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guarantees against loss, guarantees of profits, division of losses or profits, or the giving or withholding of proxies, naming the person or persons in each instance with whom such contracts, arrangements, or understandings have been or are proposed to be entered into; (6) (A) All material information concerning the organization and operations of any offeror which is a corporation, partnership, joint-stock association or other business trust or association, including the year, form, and jurisdiction of its organization, a description of the business done by each such offeror and any material changes therein during the past three years, a description of each class of such offeror's capital stock or other evidences of financial or beneficial interest therein and of its long-term debt, a description of the location and character of the principal properties of the offeror and its subsidiaries, a description of any pending legal or administrative proceeding to which the offeror or any of its officers, directors, trustees, or other governing officials or associates is a party and which is material to an offeree's consideration of the offer, the names of all directors, trustees, executive officers, and other governing officials of the offeror and their material business activities and affiliations during the past three years. (B) Copies of its consolidated balance sheet as of the end of its most recent fiscal year and, if the date of filing the registration statement is more than 90 days after the end of its most recent fiscal year, a consolidated balance sheet as of a date not more than 90 days prior to the date the registration statement is filed, statements of income and source and application of funds for each of the three full fiscal years preceding the date the registration statement is filed and for the interim period, if any, between the end of the most recent fiscal year and the date of the most recent balance sheet being filed, together with statements of income and source and application of funds for the comparable interim period in the prior year. All such statements shall have been prepared in accordance with generally accepted accounting principles consistently applied. All statements covering fiscal years shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office and all interim

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statements shall be certified by the chief accounting or financial officer of the offeror. (7) All material information concerning the identity and background of any offeror, other than an offeror referred to in paragraph (6) above, including the material business activities and affiliations of each such offeror during the past three years, a balance sheet of the offeror as of a date within 90 days of the filing of the registration statement certified by the offeror or an independent public accountant, and a description of any pending legal or administrative proceedings to which the offeror or any of such offeror's associates is a party and which is material to an offeree's consideration of the offer. (e) A registration statement filed under this chapter shall become effective at 3:00 P.M. ten full business days after the date of filing the registration statement with the commissioner unless delayed by order of the commissioner, or unless prior thereto the commissioner calls a hearing with respect to the takeover bid that is the subject of such registration statement. The commissioner shall call a hearing if so requested by the offeree company, acting through its board of directors, board of trustees, or other governing body, by a written request filed with him not later than 4:00 P.M. on the seventh full business day following the date of filing of the registration statement. If a hearing is called, the registration statement shall not become effective until it is declared effective by order of the commissioner. Notwithstanding the foregoing, if, at any time prior to the date upon which any registration statement under this chapter would otherwise become effective under this section, any other offeror shall file a registration statement under this chapter with respect to a takeover bid for any class of equity securities of the same offeree company, the effective date of any prior registration statement shall be postponed until such prior registration statement is declared effective by order of the commissioner or until the earlier of (1) the effective date of the subsequent statement, (2) the date of withdrawal of the subsequent statement, or (3) the date of denial of effectiveness of the subsequent statement. Section 3. Said Code chapter is further amended by striking subsection (a) of Code Section 22-1905 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) It shall be unlawful for any offeror or offeree company, or an officer, director, trustee, other governing official or associate of an offeror or offeree company, or any broker-dealer acting on behalf of any offeror or offeree company to engage in any fraudulent, deceptive, or manipulative acts or practices in connection with a takeover bid. Section 4. Said Code chapter is further amended by striking Code Section 22-1914 in its entirety and inserting in lieu thereof a new Code Section 22-1914 to read as follows: 22-1914. Reciprocity. Regardless of whether an offer or acquisition is subject to the provisions of this chapter, the commissioner shall have the authority to apply for appropriate relief to any superior court of competent jurisdiction to enjoin the offer to acquire, pursuant to a tender offer or invitation for tenders, or the acquisition of any equity securities of a corporation, joint-stock association, or other issuer of securities, if such offer or acquisition is the subject of any temporary or permanent administrative or judicial order restraining or enjoining such offer or acquisition under any act or law of any other state which is substantially similar to this chapter. Section 5. Said Code chapter is further amended by striking subsection (b) of Code Section 22-1915 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) This chapter shall not apply (1) to any offeree company having fewer than 100 holders of record of its equity securities, or (2) to any offer or acquisition which requires a prior approval by vote of the holders of at least the majority of the outstanding equity securities of the offeree company pursuant to its charter, articles of incorporation, declaration of trust, or other organizational instrument, or pursuant to the applicable corporation or other governing statute. Part 2 Section 6. Chapter 6 of Title 14 of the Official Code of Georgia Annotated, relating to corporate takeovers, is amended by striking in their entirety paragraphs (4), (6), (8), and (9) of Code Section 14-6-1 and inserting new paragraphs (4), (4.5), (6), (8), and (9) of Code Section 14-6-1 to read as follows:

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(4) `Equity security' means any of the units into which the proprietary, financial, or beneficial interests in a domestic or foreign corporation or joint-stock association are divided, or any security convertible into any such unit, or any warrant or right to subscribe for or purchase any such unit. (4.5) `Joint-stock association' means 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 Part 2 of Article 2 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction. The term `shareholder' as used in this chapter includes every member of such joint-stock association or holder of a share of stock or other evidence of financial or beneficial interest therein. (6) `Offeree company' means a corporation or joint-stock association having 100 or more holders of record of its equity securities and whose equity securities are the subject of a takeover bid, which (A) in the case of a domestic corporation or joint-stock association has either its principal office in this state or significant assets in this state, or (B) in the case of a foreign corporation or joint-stock association has both its principal office in this state and significant assets in this state. (8) `Person' means any individual, corporation, partnership, limited partnership, syndicate, joint-stock association, or other joint-stock company, unincorporated organization, trust, estate, or association. (9) (A) `Takeover bid' means: (i) The offer to acquire or the acquisition of any equity security of an offeree company by means of a tender offer or request or invitation for tenders, if after the acquisition thereof the offeror, together with its associates, would be directly or indirectly a beneficial owner of more than 10 percent of any class of the outstanding equity securities of the offeree company; or

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(ii) The offer to acquire or the acquisition of any equity security of an offeree company by any means other than a tender offer or request or invitation for tenders as contemplated by division (i) above, if prior to such offer or acquisition the offeror, together with its associates, is directly or indirectly the beneficial owner of more than 10 percent of any class of equity security of the offeree company and such acquisition, together with all other acquisitions by such offeror and its associates within the 12 month period immediately preceding the date of such offer or acquisition, would constitute more than 2 percent of any class of equity security of the offeree company. (B) With respect to conduct of the type specified in divisions (i) and (ii) of subparagraph (A) of this paragraph, a takeover bid shall not include, for the purposes of this chapter, an offer to acquire, or the acquisition of, any equity security of an offeree company pursuant to: (i) An offer or offers made to not more than 15 offerees during any period of 12 consecutive months; (ii) An offer made on substantially equal terms to all shareholders of the class of equity securities of the offeree company to which the offer relates and as to which the offeree company, acting through its board of directors, board of trustees, or other governing body, has, prior to the time that such offer is first made, recommended acceptance to such shareholders, if the terms thereof, including any inducements to officers, directors, trustees, or other governing officials of the offeree company and any of their associates that are not available to all shareholders, have been disclosed to all shareholders; (iii) An offer by a corporation or joint-stock association to acquire its own equity securities or the equity securities of its subsidiary corporation as defined in paragraph (16) of Code Section 14-2-2; or (iv) An offer to exchange the securities of an issuer for equity securities of an offeree company where the securities proposed to be issued are registered pursuant to the federal Securities Act of 1933, as amended, or the `Georgia Securities

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Act of 1973,' Chapter 5 of Title 10, in connection with such offer. (v) (I) An offer by a person to exchange securities for, seek to acquire, or acquire in the open market or otherwise, any voting securities of a domestic insurer or of a person controlling a domestic insurer if such person making the offer is subject to the requirements of Code Section 33-13-3, relating to acquisitions of or mergers with domestic insurers; or (II) An offer by a person to merge with a domestic insurer or with a person controlling a domestic insurer, if such person making the offer is subject to the requirements of Code Section 33-13-3 of the Georgia Insurance Code relating to acquisitions of or mergers with domestic insurers. (C) With respect solely to conduct of the type specified in division (A) (ii) of paragraph (8) of this Code section, a takeover bid shall not include, for the purposes of this chapter, an offer to acquire, or the acquisition of, any equity security of an offeree company pursuant to an offer made by: (i) A person who is an officer, director, trustee, or other governing official of the offeree company or who, together with his associates, is directly or indirectly the beneficial owner of more than 50 percent of the outstanding equity securities of the offeree company; or (ii) Any relative or spouse of such person, or any relative of such spouse, who has the same home as such person. Section 7. Said chapter is further amended by striking subsections (b) and (e) of Code Section 14-6-2 and inserting new paragraphs (b) and (e) of Code Section 14-6-2 to read as follows: (b) In the case of an offeror which is a corporation, the registration statement shall be executed by the offeror in the manner provided in subsection (c) of Code Section 14-2-4, and in the case of all other offerors, as prescribed by the commissioner. The registration statement shall be filed with the commissioner on forms prescribed by the commissioner. The registration statement shall be

Page 818

accompanied by a consent to service of process properly executed by each person who may be deemed an offeror in the form specified in Code Section 14-6-8 and by the filing fee specified in subsection (a) of Code Section 14-6-9. The registration statement shall contain the following information and such additional information as the commissioner by rule or order shall prescribe: (1) The identity, business or occupation, background, and address of the principal place of business of each person who may be deemed an offeror as defined in this chapter; (2) The amount of equity securities of the offeree company beneficially owned by each offeror and its officers and directors and by each associate of such offeror and of its officers and directors, the amount of equity securities acquired during the last 12 months by each such person and the consideration paid therefor, and the amount of equity securities of the offeree company which each such person has a right to acquire directly or indirectly, together with the name and address of the principal place of business of each such person; (3) The source and amount of funds or other consideration used or to be used in acquiring any equity securities of the offeree company and, if any part of such funds or other consideration is or will be borrowed or obtained from any other person, a description of the transaction and the names of the parties thereto, except that where a source of funds is a loan made in the ordinary course of business by a bank, if the person filing such statement so requests, the name of the bank shall not be made available to the public; (4) A statement of any plans, intentions, or proposals which the offeror has to liquidate the offeree company, relocate any operations of the offeree company, sell any of its assets, effect its merger or consolidation, or make any other material changes in its business, corporate or legal structure, management, or personnel; (5) All material information as to any contracts, arrangements, or understandings, either existing or proposed, which the offeror has with any person with respect to the takeover bid or with respect to any equity securities of the offeree company, including any employment or management contracts with existing management or any employment or management contracts proposed

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

Page 820

shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office and all interim statements shall be certified by the chief accounting or financial officer of the offeror; and (7) All material information concerning the identity and background of any offeror, other than an offeror referred to in paragraph (6) above, including the material business activities and affiliations of each such offeror during the past three years, a balance sheet of the offeror as of a date within 90 days of the filing of the registration statement certified by the offeror or an independent public accountant, and a description of any pending legal or administrative proceedings to which the offeror or any of such offeror's associates is a party and which is material to an offeree's consideration of the offer. (e) A registration statement filed under this chapter shall become effective at 3:00 P.M. ten full business days after the date of filing the registration statement with the commissioner unless delayed by order of the commissioner, or unless prior thereto the commissioner calls a hearing with respect to the takeover bid that is the subject of such registration statement. The commissioner shall call a hearing if so requested by the offeree company, acting through its board of directors, board of trustees, or other governing body, by a written request filed with him not later than 4:00 P.M. on the seventh full business day following the date of filing of the registration statement. If a hearing is called, the registration statement shall not become effective until it is declared effective by order of the commissioner. Notwithstanding the foregoing, if, at any time prior to the date upon which any registration statement under this chapter would otherwise become effective under this section, any other offeror shall file a registration statement under this chapter with respect to a takeover bid for any class of equity securities of the same offeree company, the effective date of any prior registration statement shall be postponed until such prior registration statement is declared effective by order of the commissioner or until the earlier of (1) the effective date of the subsequent statement, (2) the date of withdrawal of the subsequent statement, or (3) the date of denial of effectiveness of the subsequent statement. Section 8. Said Code chapter is further amended by striking subsection (a) of Code Section 14-6-5 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

Page 821

(a) It shall be unlawful for any offeror or offeree company, or an officer, director, trustee, other governing official or associate of an offeror or offeree company, or any broker-dealer acting on behalf of any offeror or offeree company to engage in any fraudulent, deceptive, or manipulative acts or practices in connection with a takeover bid. Section 9. Said Code chapter is further amended by striking Code Section 14-6-14 in its entirety and inserting in lieu thereof a new Code Section 14-6-14 to read as follows: 14-6-14. Regardless of whether an offer or acquisition is subject to the provisions of this chapter, the commissioner shall have the authority to apply for appropriate relief to any superior court of competent jurisdiction to enjoin the offer to acquire, pursuant to a tender offer or invitation for tenders, or the acquisition of any equity securities of a corporation, joint-stock association, or other issuer of securities, if such offer or acquisition is the subject of any temporary or permanent administrative or judicial order restraining or enjoining such offer or acquisition under any act or law of any other state which is substantially similar to this chapter. Section 10. Said Code chapter is further amended by striking subsection (b) of Code Section 14-6-15 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) This chapter shall not apply (1) to any offeree company having fewer than 100 holders of record of its equity securities, or (2) to any offer or acquisition which requires a prior approval by vote of the holders of at least the majority of the outstanding equity securities of the offeree company pursuant to its charter, articles of incorporation, declaration of trust, or other organizational instrument, or pursuant to the applicable corporation or other governing statute. Part 3 Section 11. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982.

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(c) Part 2 of this Act shall become effective on November 1, 1982. Section 12. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GEORGIA INSURANCE CODE AMENDED GROUP LIFE INSURANCE POLICIES. Code Sections 56-2703, 33-27-2 Amended. No. 1232 (House Bill No. 1202). AN ACT To amend Code Section 56-2703, relating to dependent coverage under group life insurance policies, as amended, so as to increase the maximum coverage for dependents; to amend Code Section 33-27-2 of Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to dependent coverage under group life insurance policies, so as to provide for the same change described above; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 56-2703, relating to dependent coverage under group life insurance policies, as amended, is amended by striking paragraph (2) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) The insurance must be based on some plan precluding individual selection by the employees or members or by the policy-holder,

Page 823

employer, or union, and the amount shall not exceed $3,500.00 with respect to any spouse or child;. Part 2 Section 2. Code Section 33-27-2 of Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to dependent coverage under group life insurance policies, is amended by striking paragraph (2) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) The insurance must be based on some plan precluding individual selection by the employees or members or by the policy-holder, employer, or union; and the amount shall not exceed $3,500.00 with respect to any spouse or child;. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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GEORGIA MEDICAL ASSISTANCE ACT OF 1977 AMENDED. Code Section 49-4-149.1 Enacted. No. 1233 (House Bill No. 1204). AN ACT To amend the Georgia Medical Assistance Act of 1977, approved March 16, 1977 (Ga. L. 1977, p. 384), as amended, so as to provide for submission of certain plans regarding family supplementation of Medicaid payments under certain conditions; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. The Georgia Medical Assistance Act of 1977, approved March 16, 1977 (Ga. L. 1977, p. 384), as amended, is amended by adding following Section 8B a new Section 8C to read as follows: Section 8C. If the federal government removes restrictions upon family supplementation of Medicaid payments or approves a waiver allowing this supplementation, the Department of Medical Assistance shall submit to the Human Resources Committee of the Senate and the Health and Ecology Committee of the House of Representatives a plan for this supplementation, which submission shall be made within 30 days after the earlier of the date the restrictions are removed or the date the waiver is approved. Part 2 Section 2. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the Georgia Medical Assistance Act of 1977, is amended by adding after Code Section 49-4-149 a new Code Section 49-4-149.1 to read as follows:

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49-4-149.1. If the federal government removes restrictions upon family supplementation of Medicaid payments or approves a waiver allowing this supplementation, the Department of Medical Assistance shall submit to the Human Resources Committee of the Senate and the Health and Ecology Committee of the House of Representatives a plan for this supplementation, which submission shall be made within 30 days after the earlier of the date the restrictions are removed or the date the waiver is approved. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. MILITIA DISTRICTS. Code Section 36-2-2 Enacted. No. 1234 (House Bill No. 1205). AN ACT To amend Chapter 2 of Title 36 of the Official Code of Georgia Annotated, relating to militia districts, so as no longer to require residents constituting a militia district to be males nor to be liable for

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militia duty; to change age requirements regarding residents constituting a militia district; to change the minimum number of residents a militia district must have; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 2 of Title 36 of the Official Code of Georgia Annotated, relating to militia districts, is amended by striking Code Section 36-2-2 and inserting in its place a new Code Section 36-2-2 to read as follows: 36-2-2. Each militia district organized or changed must contain within its limits at least 200 persons 18 years of age or over who are residents at the time of the organization of the district and, in its formation, must not leave any older district with less than 200 such persons. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. CITIZEN RIGHTS OF FEMALES. Code Section 1-2-7 Amended. No. 1235 (House Bill No. 1206). AN ACT To amend Code Section 1-2-7 of the Official Code of Georgia Annotated, relating to citizenship rights of females, so as no longer to exempt women from the liability to discharge military, police, patrol, or road duty; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code Section 1-2-7 of the Official Code of Georgia Annotated, relating to citizenship rights of females, is hereby amended by striking therefrom the following: However, women shall not be liable to discharge any military, police, patrol, or road duty., so that when so amended said Code section shall read as follows: 1-2-7. Female citizens are entitled to the privilege of the elective franchise and have the right to hold any civil office or perform any civil functions, as fully and completely as do male citizens. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1982. MOTOR CARRIER DEFINED, ETC. Code Sections 68-502, 46-1-1 Amended. No. 1236 (House Bill No. 1385). AN ACT To amend Code Section 68-502, relating to the definition of certain terms as they pertain to the regulations of motor contract carrier, as amended, so as to change the definition of the term motor carrier; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 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 (e) 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 (e) shall read as follows: (1) Motor vehicles engaged solely in transporting school children and teachers to and from public schools; cars and trucks hauling people and farm products exclusively between points not having railroad facilities, and not passing through or beyond municipalities having railroad facilities, where not more than nine passengers and/or one and one-half tons of freight are transported; 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

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subparagraph, elderly and handicapped passengers are defined as individuals over the age of 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. Part 2 Section 2. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by deleting the period following the words wrecked vehicles at the end of subparagraph (M) of paragraph (8) of Code Section 46-1-1 and by inserting in lieu thereof the following: ; and (N) 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. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GEORGIA FACTORY FOR THE BLIND NAME CHANGED, ETC. Code Title 30, Chapter 2 Amended. Code Section 40-20-2 Amended. No. 1237 (House Bill No. 1386). AN ACT To amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Factory for the Blind, so as to redesignate said agency as the Georgia Industries for the Blind; to change a reference to factory to industry or industries; to provide for other matters relative to the foregoing; to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions under the merit system, so as to conform a reference therein 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. Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Factory for the Blind, is amended by striking Code Sections 30-2-1 through 30-2-9 in their entirety and substituting in lieu thereof new Code Sections 30-2-1 through 30-2-9 to read as follows: 30-2-1. There is created the Georgia Industries for the Blind. 30-2-2. The purpose of the industries is to furnish to those citizens of Georgia who are blind or who have not more than 10

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percent vision a means of supporting themselves; to furnish an opportunity for those who are mentally gifted to earn a living by working in short shifts as well as to develop their talents for literature, poetry, music, or otherwise; and to furnish a home to workers who desire it. 30-2-3. The industries shall be state institutions under the direction and supervision of the Department of Human Resources. 30-2-4. (a) There shall be superintendents for the industries. Preference shall be given to blind persons with the skill and experience to perform such jobs. The department shall provide for the equipment, maintenance, and management of the industries; shall provide for the selection and eligibility of applicants for admission to an industry; shall provide for the sale of supplies manufactured at the industries to the departments of the state, its subdivisions, and institutions, and to the federal government and other states and to individual and corporate dealers in such supplies; shall provide for housing, rationing, hours of labor, scale of pay, or division of profits, subject to this chapter; and shall provide all other rules for the proper management of the industries not in conflict with this chapter. The department shall procure necessary machinery, equipment, and furnishings for the industries; shall make contracts for power, lighting, and heating; and shall arrange for all other things necessary and proper for the conduct of the industries. (b) All departments, subdivisions, and institutions of the State of Georgia are directed to give preference in purchases to goods manufactured at the industries, provided said goods are of equal quality and competitive in price. 30-2-5. The plan of operation of the industries shall be to manufacture supplies such as brooms, brushes, mops, mattresses, desks, and office, school, and other furniture which are in the capacity of the blind to make and which are extensively used by the various departments of the state, its political subdivisions, and its educational, penal, and other institutions; provided, however, that this enumeration is partial and not exclusive of articles that may be manufactured in the industries. 30-2-6. Where, in the opinion of the industry superintendents, any part of the work necessary to the production of any commodity can be practically and satisfactorily done in the home of the worker,

Page 832

as in the hemming of towels or other needlework, the superintendents shall have authority to permit and to arrange for such work to be so done. 30-2-7. (a) Each worker in an industry who is otherwise entitled to share in the benefits provided for blind persons under Articles 1 and 3 of Chapter 4 of Title 49 shall, in addition to the amount received as compensation for his services in the industry, receive from the Department of Human Resources such amount of public assistance as shall be determined in accordance with the regulations approved by the commissioner of human resources. (b) All workers in the industries shall observe all holidays observed by other departments and agencies of the state government and shall receive their proportionate compensation for each holiday so observed. If any worker shall be compensated in such a manner that his daily compensation is not fixed, but rather is based upon a production basis, he shall receive by way of compensation for such observance of state holidays the average daily production compensation received by him during the immediately preceding 30 day period, holidays and Sundays excluded. The Department of Human Resources is authorized and directed to pay such compensation from the funds appropriated to and available for the department. 30-2-8. Whenever the skill and experience of two employees are relatively equal, seniority shall control in all questions of promotion, demotion, or layoff. When skill and merit are relatively equal between employees, the employee with the greater seniority shall have the first right to obtain or refuse any transfer. When any worker in the industries leaves to accept other employment outside the industries, he shall have the right to return to the industries within one year from the date of leaving and resume his former seniority and employee privileges. 30-2-9. Surplus funds designated as reserve funds accruing at the industries in any fiscal year shall not lapse to the state treasury but may be reserved by the industries as working capital. The reserve shall be cumulative but shall not exceed the total sum of $350,000.00. Section 2. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions under the merit system, is amended by striking subparagraph (U) of paragraph (15) in its entirety and

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substituting in lieu thereof a new subparagraph (U) to read as follows: (U) Commission and contract salesmen and hourly or per diem skilled and unskilled laborers working at the Georgia Industries for the Blind. Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. DEPARTMENT OF HUMAN RESOURCES, DIVISION OF VOCATIONAL REHABILITATION NAME CHANGED. Code Sections 49-9-1, 49-2-7 Amended. No. 1238 (House Bill No. 1387). AN ACT To amend Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the Division of Vocational Rehabilitation of the Department of Human Resources, so as to change the name of said agency to the Division of Rehabilitation Services of the Department of Human Resources; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to the Division of Vocational Rehabilitation of the Department of Human Resources, is amended by striking paragraph (3) of Code Section 49-9-1 in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:

Page 834

(3) `Division' means the Division of Rehabilitation Services of the Department of Human Resources. Section 2. The words Division of Vocational Rehabilitation are stricken wherever the same appear in the Official Code of Georgia Annotated, except Code Section 49-2-7 and the words Division of Rehabilitation Services are inserted in lieu of such stricken words. Section 3. This Act shall become effective November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. STATE BOARD OF REGISTRATION OF USED CAR DEALERS. Code Section 43-47-16 Amended. No. 1239 (House Bill No. 1389). AN ACT To amend an Act providing for a State Board of Registration of Used Car Dealers, approved February 20, 1958 (Ga. L. 1958, p. 55), as amended, so as to continue the board and the laws relating thereto until July 1, 1988; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Part 1 Section 1. An Act providing for a State Board of Registration of Used Car Dealers, approved February 20, 1958 (Ga. L. 1958, p. 55), as amended, is amended by striking subsection (b) of Section 4 of said Act in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the State Board of Registration of Used Car Dealers and the laws relating thereto are hereby continued until July 1, 1988, at which time the Board shall be terminated. Upon its termination, the Board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the Board shall not be reduced or otherwise limited. The laws relative to the Board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the Board shall stand repealed in their entirety. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board. Part 2 Section 2. Code Section 43-47-16 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Registration of Used Car Dealers, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 43-47-16 to read as follows: 43-47-16. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration of Used Car Dealers shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GEORGIA PROFESSIONAL STANDARDS ACT AMENDED. Code Title 20 - Chapter 2 Amended. No. 1240 (House Bill No. 1399). AN ACT To amend an Act known as the Georgia Professional Standards Act, approved March 25, 1976 (Ga. L. 1976, p. 966), as amended by an Act approved March 24, 1977 (Ga. L. 1977, p. 999), and by an Act approved April 16, 1979 (Ga. L. 1979, p. 1065), so as to delete the expiration date from said Act; to amend the Official Code of Georgia Annotated, so as to create the Professional Standards Commission; to provide for its powers, duties, employees, and other matters relative thereto; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Georgia Professional Standards Act, approved March 25, 1976 (Ga. L. 1976, p. 966), as amended by an Act approved March 24, 1977 (Ga. L. 1977, p. 999), and by an Act approved April 16, 1979 (Ga. L. 1979, p. 1065), is amended by striking Section 13, which reads as follows: Section 13. Expiration date. This Act shall stand repealed in its entirety on June 30, 1982., in its entirety. Part 2 Section 2. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by adding at the end of said Article 17 a new Part 10 to read as follows: Part 10 20-2-981. This part shall be known and may be cited as the `Georgia Professional Standards Act.' 20-2-982. As used in this part, the term: (1) `Commission' means the Professional Standards Commission. (2) `Approved institution' means any institution approved by the State Board of Education. (3) `Subject matter examination' means any objective examination recommended by the commission as an instrument to measure subject matter knowledge. (4) `CESA' means a cooperative education services agency as defined by Part 4 of Article 6 of this chapter.

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(5) `In-service training (staff development)' means any program of teacher education or preparation offered jointly by a school system and an approved college or university or a CESA, or any combination of the foregoing, for the purposes of improving or upgrading a teacher's skills, knowledge or instructional methods which is offered for credit and is recommended by the commission. (6) `Authorization or assignment' means the designation appearing on the teaching certificate identifying the areas of instruction or service which the certificate holder is permitted to perform. 20-2-983. (a) A Professional Standards Commission is created as an advisory body to the State Board of Education. The commission shall consist of 20 members to be appointed by the Governor, subject to the provisions of subsections (b) and (c) of this Code section. The term of office of members of the commission shall be three years; except the initial appointments shall be: seven 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. (b) The membership of the commission shall consist of: (1) Nine teachers holding a valid professional certificate; including two classroom teachers assigned within the grades kindergarten through three, two classroom teachers assigned within the grades four through eight, two classroom teachers assigned within grades nine through twelve, one classroom teacher from a state or regionally accredited private school, one professional not assigned specifically to a classroom such as a reading teacher, a speech therapist, or a counselor, and one professional assigned to an area vocational-technical school;

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(2) Four administrators actively engaged in administration and holding a valid professional certificate; (3) Four faculty members from four state or regionally approved teacher education institutions. At least one such appointee shall be employed by a private institution and at least one appointee shall be employed by a public institution; (4) One staff member of the Department of Education actively engaged in teacher education supervisory services; and (5) Two members of local boards of education. (c) 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 the State Superintendent of Schools shall appoint the representative from the Department of Education. Such organizations will certify that panels include only representatives of the category of profession personnel for which the panel or panels of nominees are submitted. (d) All members of the commission, except representatives of teacher education institutions, members of local boards of education, and the representative of the Department of Education, shall hold valid professional Georgia teaching certificates and shall have been actively engaged in teaching or providing related educational, administrative, or supervisory services in an approved school or approved institution of higher education with a state or regionally approved teacher education program for at least three years immediately preceding appointment. All members of the commission shall be residents of the State of Georgia. 20-2-984. (a) The commission may recommend to the State Board of Education standards and procedures for certifying educational personnel as qualified for a certificate to practice in the public schools of Georgia, and to support, facilitate, and recommend functions and programs of preparation for the teaching profession, including the following: (1) Standards for pre-service preparation;

Page 840

(2) Standards for accreditation of teacher education programs; (3) Standards for certification through in-service training (staff development); (4) Objective, independently verifiable standards of measurement and evaluation of teaching competence as the basis for teacher certification; (5) Objective examinations as a measure of subject matter knowledge for the purpose of certifying educational personnel; and (6) Criteria to be used in the activation of a committee in teacher education institutions for the purpose of screening candidates for both entry and continuation in teacher training on the basis of academic, personal, and emotional fitness for the profession. (b) All certificates in force in this state shall continue in full force and effect, subject to all the terms and conditions under which they were issued, until they expire by virtue of their own limitations or until their terms or conditions are modified by action of the State Board of Education. (c) The commission shall not make any recommendations relating to compensation, benefits, or working conditions of educational personnel in the public schools of Georgia. 20-2-985. (a) The commission shall annually select from its membership a chairman and vice-chairman by ballot. Meetings shall be held at the call of the chairman or upon the request in writing of a majority of the commission. A majority of such quorum shall have authority to act upon any matter properly brought before the commission. (b) The commission shall keep minutes of its meetings and make an annual written report available for inspection. 20-2-986. 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

Page 841

business, but such expenses shall not exceed $44.00 per day and mileage at the same rate as state officials and employees. It is specifically provided, however, that no member of the commission, with the exception of members of the executive committee of the commission, shall be reimbursed from any public 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 the member's 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. 20-2-987. The commission shall have the authority to employ an executive secretary who shall serve as the secretary and executive officer of the commission. Such executive secretary shall be compensated in an amount fixed by the commission. The executive secretary shall have the authority to employ such professional and clerical personnel as may be necessary to carry out the duties and responsibilities of the commission, subject to approval by the commission. The executive secretary and any other employee of the commission shall be a member of Employees' Retirement System of Georgia. Any person employed by the commission shall become a member of said retirement system within 30 days after the date of the person's 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. 20-2-988. (a) The office of certification of the State Department of Education shall continue to evaluate transcripts and issue certificates based on State Board of Education approved standards for certificates. (b) The commission shall follow policies consistent with general education objectives established under Georgia statutes or by the State Board of Education.

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(c) The commission shall have the authority to hear the public, the teaching profession, and professional groups and associations on any matter of concern under the jurisdiction of the commission. (d) The commission has the authority to recommend to the State Board of Education panels of educators, including public school classroom teachers, to serve as members of teams visiting institutions and school systems having teacher education programs for purposes associated with the process of approving said programs by the state board. The commission shall also have the authority to review any report of such teams and to advise the state board as to whether or not programs proposed for its approval meet its adopted criteria. 20-2-989. (a) The funds necessary for the operation of the commission shall come from funds specifically appropriated or otherwise made available to the Professional Standards Commission. (b) The commission is assigned to the Department of Education for administrative purposes only as prescribed by Code Section 50-4-3. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall be effective upon its approval by the Governor or upon its otherwise becoming law. (b) Part 1 of this Act shall be repealed effective November 1, 1982. An Act known as the Georgia Professional Standards Act, approved March 25, 1976 (Ga. L. 1976, p. 966), as amended by an Act approved March 24, 1977 (Ga. L. 1977, p. 999), and by an Act approved April 16, 1979 (Ga. L. 1979, p. 1065) shall be repealed in its entirety effective November 1, 1982. (c) Part 2 of this Act shall become effective November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. DEPARTMENT OF ADMINISTRATIVE SERVICES BOND OF DIRECTOR OF FISCAL DIVISIONS. Code Section 50-5-3 Amended. No. 1241 (House Bill No. 1413). AN ACT To amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Department of Administrative Services, so as to provide for a bond for the director of the fiscal division; to provide for the general duties of the fiscal division; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Department of Administrative Services, is amended by striking Code Section 50-5-3 in its entirety and inserting in lieu thereof a new Code Section 50-5-3 to read as follows: 50-5-3. The director of the Fiscal Division of the Department of Administrative Services shall post bond to the state in the sum of $200,000.00, with a bonding company duly licensed to do business in the state and approved by the Governor, the annual premium of the bond to be paid from funds appropriated to the Department of Administrative Services. The bond shall be conditioned as follows:

Page 844

(1) That he faithfully discharge, execute, and perform all and singular the duties required of him by virtue of his office and the Constitution and laws of this state; (2) That he faithfully account for and pay over all state moneys received by him from time to time by virtue of his office; and (3) That he safely deliver to his successor all records, moneys, vouchers, accounts, and effects whatsoever belonging to his office. Section 2. Said article is further amended by striking Code Section 50-5-8 in its entirety and inserting in lieu thereof a new Code Section 50-5-8 to read as follows: 50-5-8. It shall be the duty of the Fiscal Division of the Department of Administrative Services: (1) To receive and keep safely all moneys which shall from time to time be paid to the treasury of this state, and to pay all warrants legally drawn on the treasury by the Governor and countersigned by the Comptroller General or, in his absence, by the deputy comptroller general, and to pay all drafts of the President of the Senate and the Speaker of the House of Representatives for sums lawfully due the members and officers of their respective bodies; (2) To keep good and sufficient accounting records of every sum of money received into, or disbursed from, the state treasury, utilizing an accounting system in conformity with generally accepted accounting principles and approved by the state auditor; (3) To keep a true and faithful record of all warrants drawn by the Governor on the treasury and all drafts drawn on the treasury by the President of the Senate and the Speaker of the House of Representatives; (4) To keep a true and faithful record of the accounts with all designated state depositories in which the state's money is deposited, showing the principal amount and the interest earned in each depository; and

Page 845

(5) To keep safely certificates of stock, securities, state bonds, and other evidences of debt and to manage and control the same for the purposes to which they are pledged. Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. PUBLIC EMPLOYEES LEAVE TO PARTICIPATE IN BLOOD DONATION. Code Section 45-20-30 Amended. No. 1242 (House Bill No. 1419). AN ACT To amend an Act authorizing leaves of absence for public employees when the absence is to permit the employee to participate in blood donation, approved February 3, 1976 (Ga. L. 1976, p. 165), so as to provide for additional leave of absence for public employees who donate blood platelets or granulocytes through the pheresis process; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act authorizing leaves of absence for public employees when the absence is to permit the employee to participate in blood donation, approved February 3, 1976 (Ga. L. 1976, p. 165), is

Page 846

amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. Leaves of absence for blood donations. Each State, county and municipal officer and employee in this State shall be allowed a leave of absence of not more than eight hours in each calendar year without loss of pay for the purpose of donating blood. This absence shall be computed at two hours per donation, up to four times per year. However, any such officer or employee who donates blood platelets or granulocytes through the pheresis process shall be allowed a leave of absence of not more than 16 hours in each calendar year without loss of pay which shall be computed at four hours per donation up to four times per year. Part 2 Section 2. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by striking Code Section 45-20-30 in its entirety and inserting in lieu thereof a new Code Section 45-20-30 to read as follows: 45-20-30. Each state, county, and municipal officer and employee in this state shall be allowed a leave of absence, without loss of pay, of not more than eight hours in each calendar year for the purpose of donating blood. This absence shall be computed at two hours per donation, up to four times per year. However, any such officer or employee who donates blood platelets or granulocytes through the pheresis process shall be allowed a leave of absence, without loss of pay, of not more than 16 hours in each calendar year which shall be computed at four hours per donation, up to four times per year. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. PUBLIC REVENUE TAX EXECUTIONS. Code Sections 91A-323, 48-3-8 Amended. No. 1243 (House Bill No. 1449). AN ACT To amend Code Chapter 91A-3, relating to tax executions, so as to change provisions relative to interest on executions for municipal taxes; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 91A-3, relating to tax executions, is amended by striking Code Section 91A-323 and inserting in its place a new Code section to read as follows: 91A-323. Executions on which interest allowed; rate; effect of imposition of penalties. All executions issued for taxes due the State, any county of the State, or any municipality, whether issued on assessments for permanent improvements of streets or sewers of a municipality or otherwise, shall bear interest at the rate specified in Section 91A-239.2 from the time fixed by law for issuing the execution.

Page 848

Part 2 Section 2. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-8 and inserting in its place a new Code section to read as follows: 48-3-8. All executions issued for taxes due the state or any county or municipality of the state, whether issued on assessments for permanent improvements of streets or sewers of a municipality or otherwise, shall bear interest at the rate specified in Code Section 48-2-40 from the time fixed by law for issuing the execution. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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LIABILITY FOR MALICIOUS ACTS OF CHILDREN. Code Section 51-2-3 Amended. No. 1244 (House Bill No. 1450). AN ACT To amend an Act relating to liability for malicious acts of children, approved March 10, 1966 (Ga. L. 1966, p. 424), as amended, so as to change the persons who may be liable for certain acts; to change the maximum amount of liability; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act relating to liability for malicious acts of children, approved March 10, 1966 (Ga. L. 1966, p. 424), as amended, is amended by replacing Section 1 with a new section to read as follows: Section 1. Every parent or guardian having the custody and control over a minor child or children under the age of eighteen shall be liable in an amount not to exceed $5,000.00 plus court costs for the willful or malicious acts of said minor child or children resulting in damage to the property of another. This Act shall be cumulative and shall not be restrictive of any remedies now available to any person, firm or corporation for injuries or damages arising out of the acts, torts or negligence of a minor child under the `family-purpose car doctrine' or any statutes now in force and effect in the State of Georgia. Part 2 Section 2. Code Section 51-2-3 of the Official Code of Georgia Annotated, relating to liability for malicious acts of children, is amended by replacing subsection (a) with a new subsection to read as follows:

Page 850

(a) Every parent or guardian having the custody and control over a minor child or children under the age of 18 shall be liable in an amount not to exceed $5,000.00 plus court costs for the willful or malicious acts of the minor child or children resulting in damage to the property of another. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. ELECTIONS COMPENSATION OF REGISTRARS. Code Sections 34-603, 21-2-211 Amended. No. 1245 (House Bill No. 1470). AN ACT To amend Code Section 34-603, relating to county registrars, their duties and compensation, so as to change the provisions relating to compensation of registrars; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes.

Page 851

Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 34-603, relating to county registrars, their duties and compensation, is amended by striking subsection (c) thereof in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairman of the board of registrars, and, as chief registrar, shall perform those functions normally devolving upon the chairman. The chief registrar shall be compensated in an amount of not less than $30.00 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $27.00 per day for each day of service on the business of the board of registrars. In lieu of the above per diem compensation, the chief registrar may be compensated in an amount not less than $225.00 per month and the other registrars in an amount not less than $200.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the above limitations, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under the provisions of this Chapter shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds. Part 2 Section 2. Code Section 21-2-211 of the Official Code of Georgia Annotated, relating to county registrars, their duties and compensation, is amended by striking subsection (c) thereof in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairman of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairman. The chief registrar shall be compensated in an amount of not less than $30.00 per day for each day of service on the business of

Page 852

the board of registrars. The other registrars shall be compensated in an amount of not less than $27.00 per day for each day of service on the business of the board of registrars. In lieu of the above per diem compensation, the chief registrar may be compensated in an amount not less than $225.00 per month and the other registrars in an amount not less than $200.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the above limitations, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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PROCEEDS OF SALES OF TIMBER FROM MILITARY INSTALLATIONS. Code Section 36-80-15 Enacted. No. 1246 (House Bill No. 1474). AN ACT To grant and prescribe the manner of expenditure for public schools and county roads of proceeds from timber sales from military installations and military facilities of the United States; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. (a) The purpose of this section is to grant and prescribe the manner of expenditure of funds received by this state from the federal government from sales of timber from military installations and military facilities of the United States, as authorized by subsection (e) of Section 2665 of Title 10 of the United States Code, as amended by the Military Construction Authorization Act of 1982. (b) The amount of such funds received by the state from sales from each military installation or facility shall be allocated to the county in which the installation or facility is located. If an installation or facility is located in more than one county, the amount allocated to each such county shall be the total amount derived from sales from that installation or facility times a fraction the numerator of which is the number of acres of the installation or facility in the county and the denominator of which is the number of acres of the installation or facility in the state. (c) Of the amount allocated to each county, 50 percent shall be paid to the county governing authority and 50 percent shall be paid to the county board of education. If, however, there is an independent school district in any county to which funds are allocated, then 50 percent of the funds allocated to the county shall be paid to the

Page 854

county governing authority and the remaining 50 percent shall be proportionally divided between the county school district and each independent school district in the county according to the ratio which the average daily attendance for each system bears to the total average daily attendance for all systems in the county, except that if pupils in one district attend school in another district they shall for purposes of determining average daily attendance be considered as attending school in the district in which they reside. (d) Funds received by a county governing authority shall be used only on the county road system. Funds received by a board of education may be used for any purpose for which the board may lawfully expend public funds. (e) Funds received by the state as described in this section shall be administered by the director of the Fiscal Division of the Department of Administrative Services and distributed by the director as provided in this section not less often than annually. Part 2 Section 2. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipalities, counties, and other local governmental entities, is amended by adding a new Code Section 36-80-15 to read as follows: 36-80-15. (a) The purpose of this Code section is to grant and prescribe the manner of expenditure of funds received by this state from the federal government from sales of timber from military installations and military facilities of the United States, as authorized by subsection (e) of Section 2665 of Title 10 of the United States Code, as amended by the Military Construction Authorization Act of 1982. (b) The amount of such funds received by the state from sales from each military installation or facility shall be allocated to the county in which the installation or facility is located. If an installation or facility is located in more than one county, the amount allocated to each such county shall be the total amount derived from sales from that installation or facility times a fraction the numerator of which is the number of acres of the installation or facility in the county and the denominator of which is the number of acres of the installation or facility in the state.

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(c) Of the amount allocated to each county, 50 percent shall be paid to the county governing authority and 50 percent shall be paid to the county board of education. If, however, there is an independent school district in any county to which funds are allocated, then 50 percent of the funds allocated to the county shall be paid to the county governing authority and the remaining 50 percent shall be proportionally divided between the county school district and each independent school district in the county according to the ratio which the average daily attendance for each system bears to the total average daily attendance for all systems in the county, except that if pupils in one district attend school in another district they shall for purposes of determining average daily attendance be considered as attending school in the district in which they reside. (d) Funds received by a county governing authority shall be used only on the county road system. Funds received by a board of education may be used for any purpose for which the board may lawfully expend public funds. (e) Funds received by the state as described in this Code section shall be administered by the director of the Fiscal Division of the Department of Administrative Services and distributed by the director as provided in this Code section not less often than annually. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. FARMERS' MUTUAL FIRE INSURANCE COMPANIES. Code Section 33-16-13 Amended. No. 1247 (House Bill No. 1479). AN ACT To amend Chapter 16 of Title 33 of the Official Code of Georgia Annotated, relating to farmers' mutual fire insurance companies, so as to change the geographic limitations of the operations of farmers' mutual fire insurance companies; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 16 of Title 33 of the Official Code of Georgia Annotated, relating to farmers' mutual fire insurance companies, is amended by striking from Code Section 33-16-13 the following: not more than three other contiguous counties in this state, and inserting in lieu thereof the following: any other contiguous county, so that when so amended Code Section 33-16-13 shall read as follows: 33-16-13. A farmers' mutual fire insurance company shall not issue policies of insurance or otherwise insure property located in any county in this state other than the county in which it has its home office as specified in its original charter and in any other contiguous county.

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Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. STATE PROPERTIES COMMISSION AUTHORITY, ETC. Code Sections 91-110a, 50-16-43 Amended. No. 1248 (House Bill No. 1499). AN ACT To amend Code Section 91-110a, relating to the authority of the State Properties Commission to execute written contracts permitting the exploration of state-owned lands for indications of mineral resources, as amended, so as to provide that a locational, dimensional, and directional sketch acceptable to the commission may be included in an application to lease state-owned lands; to clarify that the commission may lease state-owned lands without the receipt of an application; to provide that the commission is authorized to grant oil and gas leases without competitive bidding under certain conditions; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. Code Section 91-110a, relating to the authority of the State Properties Commission to execute written contracts permitting the exploration of state-owned lands for indications of mineral

Page 858

resources, as amended, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) When any person shall desire to lease any state-owned lands pursuant to the provisions of this Section 91-110a, application therefor shall be made to the commission in writing. The application shall include an accurate legal description and a locational, dimensional, and directional sketch acceptable to the commission or a plat of survey of the land sought to be leased and such other information as the commission may require and shall further include a certified check for $50.00 which shall be deposited with the commission as evidence of the good faith of the applicant, which sum shall only be returned to an applicant who shall bid for but fail to secure a lease. Section 2. Said Code section is further amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) When the commission shall desire to lease state-owned lands, or upon receipt of an application by any person desiring to lease any state-owned lands, the commission shall make an inspection of the land sought to be leased and such geophysical and geological surveys thereof as the commission may deem necessary. The commission, after receiving a report as to the nature, character, surroundings, and mineral resource value of such land, may offer for lease, through public competitive bidding, all or any portion of such land. The commission shall cause to be published once a week for two consecutive weeks in (1) the legal organ and in one or more newspapers of general circulation in the county or counties wherein is situated the land to be bid upon and (2) the legal organ of Fulton County, Georgia, an advertisement of an invitation for bids setting forth therein an accurate legal description of the land proposed to be leased, the date, time, and place when and where bids therefor will be received and such other information as the commission may deem necessary. Prior to the advertising, the commission shall prepare a proposed form of lease and appropriate instructions which shall be furnished to prospective bidders under such conditions as the commission may prescribe. Sealed bids shall be submitted to the secretary of the commission and each bid shall be accompanied by a bid bond or such other security as may be prescribed by the commission.

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Section 3. Said Code section is further amended by adding a new subsection (k) to read as follows: (k) Notwithstanding any other provisions of this Code section to the contrary, when it is determined by the commission to be in the best interests of the State of Georgia, the commission, acting for and on behalf of and in the name of the State of Georgia, is authorized to grant and convey to any eligible person, as defined herein, an oil and gas lease which authorizes such person to extract and remove from state-owned lands all oil, gas, and affiliated hydrocarbons and gases without the necessity of complying with the public competitive bid procedure set forth in this Code section, subject to and upon the following conditions: (1) `Eligible person' shall be defined as any person who is the owner of the oil and gas interests in lands adjoining the state-owned land sought to be leased by said person such that at least 75 percent of the boundary of the state-owned land sought to be leased is bordered by said adjoining lands. `Owner of the oil and gas interests in lands' shall mean the person or persons who have the right to drill for oil and gas on those lands and appropriate the production either for himself or themselves and another or others. `Oil and gas' shall include affiliated hydrocarbons and gases; (2) Upon application by any interested person for an oil and gas lease pursuant to this subsection, the commission shall determine whether or not the applicant is an eligible person. If the commission determines that the applicant is an eligible person, then the commission is authorized to grant and convey to the applicant an oil and gas lease covering the state-owned land sought to be leased and described in the application without the necessity of complying with the public competitive bid procedure set forth in this Code section. Nothing in this subsection shall prevent the commission from complying with the public competitive bid procedure set forth in this Code section when leasing the state-owned land described in the application or any other state-owned land if it finds such procedure to be in the best interests of the State of Georgia; (3) The application for the oil and gas lease shall be in writing and shall contain a request for an oil and gas lease; a description of the state-owned land sought to be leased; a locational, dimensional, and directional sketch in a form acceptable to

Page 860

the commission or a plat of survey of the state-owned land sought to be leased; a true statement that the applicant is the owner of the oil and gas interests in lands adjoining the state-owned land sought to be leased such that at least 75 percent of the boundary of the state-owned land sought to be leased is bordered by said adjoining lands; copies of all oil and gas leases or deeds to the lands adjoining the state-owned lands sought to be leased and by which the applicant claims the ownership of the oil and gas interests; and a list of the names and addresses of all owners of the oil and gas interests in the lands adjoining the state-owned land sought to be leased describing the nature of their interest. The entire application must be in a form acceptable to the commission; (4) Any lease granted to any person pursuant to this subsection shall be subject to subsection (g) of this Code section; (5) Prior to the execution of any oil and gas lease pursuant to this subsection, the commission shall enter into an agreement with the department or agency which has legal title to or custody of the state-owned lands sought to be leased. The agreement shall contain the department's or agency's certification that the state-owned land is available for leasing and such other terms and provisions which the parties to the agreement deem necessary to protect the state-owned land; and (6) The form of execution by the commission, who is acting for and on behalf of and in the name of the State of Georgia, of each oil and gas lease shall be as set forth in paragraph (5) of subsection (j) of this Code section. Part 2 Section 4. Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to the authority of the State Properties Commission to execute written contracts permitting the exploration of state-owned lands for indications of mineral resources, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) When any person shall desire to lease any state-owned lands pursuant to this Code section, application therefor shall be made to the commission in writing. The application shall include an accurate legal description and a locational, dimensional, and directional sketch

Page 861

acceptable to the commission or a plat of survey of the land sought to be leased and such other information as the commission may require and shall further include a certified check for $50.00 which shall be deposited with the commission as evidence of the good faith of the applicant, which sum shall only be returned to an applicant who bids for but fails to secure a lease. Section 5. Said Code section is further amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) When the commission shall desire to lease state-owned lands, or upon receipt of an application by any person desiring to lease any state-owned lands, the commission shall make an inspection of the land sought to be leased and such geophysical and geological surveys thereof as the commission may deem necessary. The commission, after receiving a report as to the nature, character, surroundings, and mineral resource value of the land, may offer for lease, through public competitive bidding, all or any portion of the land described in the application. The commission shall cause to be published once a week for two consecutive weeks in the legal organ and in one or more newspapers of general circulation in the county or counties wherein is situated the land to be bid upon and in the legal organ of Fulton County an advertisement of an invitation for bids setting forth therein an accurate legal description of the land proposed to be leased; the date, time, and place when and where bids therefor will be received; and such other information as the commission may deem necessary. Prior to the advertising, the commission shall prepare a proposed form of lease and appropriate instructions which shall be furnished to prospective bidders under such conditions as the commission may prescribe. Sealed bids shall be submitted to the secretary of the commission and each bid shall be accompanied by a bid bond or such other security as may be prescribed by the commission. Section 6. Said Code section is further amended by adding immediately following subsection (j) a new subsection, to be designated subsection (k), to read as follows: (k) Notwithstanding any other provisions of this Code section to the contrary, when it is determined by the commission to be in the best interests of the State of Georgia, the commission, acting for and on behalf of and in the name of the State of Georgia, is authorized to grant and convey to any eligible person, as defined herein, an oil and

Page 862

gas lease which authorizes such person to extract and remove from state-owned lands all oil, gas, and affiliated hydrocarbons and gases without the necessity of complying with the public competitive bid procedure set forth in this Code section, subject to and upon the following conditions: (1) `Eligible person' shall be defined as any person who is the owner of the oil and gas interests in lands adjoining the state-owned land sought to be leased by said person such that at least 75 percent of the boundary of the state-owned land sought to be leased is bordered by said adjoining lands. `Owner of the oil and gas interests in lands' shall mean the person or persons who have the right to drill for oil and gas on those lands and appropriate the production either for himself or themselves and another or others. `Oil and gas' shall include affiliated hydrocarbons and gases; (2) Upon application by any interested person for an oil and gas lease pursuant to this subsection, the commission shall determine whether or not the applicant is an eligible person. If the commission determines that the applicant is an eligible person, then the commission is authorized to grant and convey to the applicant an oil and gas lease covering the state-owned land sought to be leased and described in the application without the necessity of complying with the public competitive bid procedure set forth in this Code section. Nothing in this subsection shall prevent the commission from complying with the public competitive bid procedure set forth in this Code section when leasing the state-owned land described in the application or any other state-owned land if it finds such procedure to be in the best interests of the State of Georgia; (3) The application for the oil and gas lease shall be in writing and shall contain a request for an oil and gas lease; a description of the state-owned land sought to be leased; a locational, dimensional, and directional sketch in a form acceptable to the commission or a plat of survey of the state-owned land sought to be leased; a true statement that the applicant is the owner of the oil and gas interests in lands adjoining the state-owned land sought to be leased such that at least 75 percent of the boundary of the state-owned land sought to be leased is bordered by said adjoining lands; copies of all oil and gas leases or deeds to the lands adjoining the state-owned lands sought to be leased and by which the applicant claims the ownership of the oil and gas interests; and

Page 863

a list of the names and addresses of all owners of the oil and gas interests in the lands adjoining the state-owned land sought to be leased describing the nature of their interest. The entire application must be in a form acceptable to the commission; (4) Any lease granted to any person pursuant to this subsection shall be subject to subsection (g) of this Code section; (5) Prior to the execution of any oil and gas lease pursuant to this subsection, the commission shall enter into an agreement with the department or agency which has legal title to or custody of the state-owned lands sought to be leased. The agreement shall contain the department's or agency's certification that the state-owned land is available for leasing and such other terms and provisions which the parties to the agreement deem necessary to protect the state-owned land; and (6) The form of execution by the commission, who is acting for and on behalf of and in the name of the State of Georgia, of each oil and gas lease shall be as set forth in paragraph (5) of subsection (j) of this Code section. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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GEORGIA HEALTH CODE AMENDED REGULATION OF HOSPITALS, ETC. Code Sections 88-1901, 88-1903, 31-7-1 Amended. No. 1249 (House Bill No. 1553). AN ACT To amend Code Chapter 88-19, relating to regulation of hospitals and related institutions, as amended, so as to include freestanding emergency care clinics and birthing centers within the meaning of the term `institution'; to clarify the department's authority to regulate ambulatory surgical treatment centers; to exclude the offices and treatment rooms of dentists and physicians from the term `institutiton'; to delete requirements for consultation with the Hospital Advisory Council relating to certain rules and regulations; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 88-19, relating to regulation of hospitals and related institutions, as amended, is amended by striking subsection (a) of Code Section 88-1901 and inserting in its place a new subsection (a) to read as follows: (a) The term `institution' means (1) any community mental health and mental retardation facility; (2) any building, facility, or place in which is provided two or more beds and other facilities and services that are used for persons received for either examination, diagnosis, treatment, surgery, maternity care, nursing care, or personal care for periods continuing for 24 hours or longer and which are classified by the Department of Human Resources, as provided for herein, as either a hospital, nursing home, or personal care home; (3) any health facility wherein abortion procedures under Section 26-1202(b) and (c) are performed or are to be performed; (4) any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients

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not requiring hospitalization and which is classified by the Department of Human Resources as an ambulatory surgical treatment center; (5) any fixed or mobile specimen collection center or health testing facility where specimens are taken from the human body for delivery to and examination in a licensed clinical laboratory or where certain measurements such as height and weight determination, limited audio and visual tests and electrocardiograms are made, such term to exclude any public health services operated by the State, its counties and municipalities; (6) any building or facility, not directly associated with a hospital, which is devoted primarily to the provision, on a nonrecurring basis, of medical treatment to patients with acute injuries or conditions and which is classified by the Department of Human Resources as a freestanding emergency care clinic; or (7) any building or facility where human births occur on a regular and ongoing basis and which is classified by the Department of Human Resources as a birthing center. The term `institution' shall exclude all physicians' and dentists' private offices and treatment rooms in which such dentists or physicians primarily see, consult with, and treat patients. Section 2. Said chapter is further amended by striking Code Section 88-1903 and inserting in its place a new Code Section 88-1903 to read as follows: 88-1903. Same; adoption of rules and regulations. The Department of Human Resources shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions as defined herein shall have and use in order to properly care for their patients. Part 2 Section 3. Code Section 31-7-1 of the Official Code of Georgia Annotated, relating to definitions concerning the regulation of hospitals and related institutions, is amended by striking paragraph (1) thereof and inserting in its place a new paragraph (1) to read as follows: (1) `Institution' means:

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(A) Any community mental health and mental retardation facility; (B) Any building, facility, or place in which are provided two or more beds and other facilities and services that are used for persons received for examination, diagnosis, treatment, surgery, maternity care, nursing care, or personal care for periods continuing for 24 hours or longer and which is classified by the department, as provided for in this chapter, as either a hospital, nursing home, or personal care home; (C) Any health facility wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are performed or are to be performed; (D) Any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the department as an ambulatory surgical treatment center; or (E) Any fixed or mobile specimen collection center or health testing facility where specimens are taken from the human body for delivery to and examination in a licensed clinical laboratory or where certain measurements such as height and weight determination, limited audio and visual tests, and electrocardiograms are made, excluding public health services operated by the state, its counties, or municipalities. (F) Any building or facility, not directly associated with a hospital, which is devoted primarily to the provision, on a nonrecurring basis, of medical treatment to patients with acute injuries or conditions and which is classified by the Department of Human Resources as a freestanding emergency care clinic; or (G) Any building or facility where human births occur on a regular and ongoing basis and which is classified by the Department of Human Resources as a birthing center. The term `institution' shall exclude all physicians' and dentists' private offices and treatment rooms in which such dentists or physicians primarily see, consult with, and treat patients.

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Part 3 Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. CRIMES HABITUAL VIOLATORS. Code Section 40-5-58 Amended. No. 1250 (House Bill No. 1554). AN ACT To amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to change the definition of the term habitual violator; to remove reckless driving from consideration in determining a habitual violator; 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 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) As used in this Code section, `habitual violator' means any person who has been convicted in any of the United States: (1) Three or more times of: (A) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle; (B) Homicide by vehicle in the first or second degree; (C) Committing any offense covered under Code Sections 40-6-391 through 40-6-395 or of violating the law of any other state or of a valid municipal or county ordinance substantially conforming to any offense covered under Code Sections 40-6-391 through 40-6-395; (D) Operating a vehicle after cancellation, suspension, or revocation of his operator's license under any law of this state or any law of any other state or any valid municipal or county ordinance substantially conforming to or paralleling the law of this state; (E) Making a false affidavit to the department or under any law of this state requiring the registration of motor vehicles or regulating their operation on the highways, or making a false statement to the department on any application for an operator's license; (F) Using a fraudulent or fictitious license; (G) While in a motor vehicle, fleeing or attempting to elude a police officer; (H) Any crime punishable as a felony under this chapter or any other felony in the commission of which a motor vehicle is used; (I) Failure to stop and disclose his identity at the scene of the accident on the part of a driver of a motor vehicle involved in an accident resulting in damage to the property of another or resulting in the death of, or injury to, another; or

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(J) Singularly or in combination, any of the offenses described in subparagraphs (A) through (I) of this paragraph, both inclusive; or (2) Fifteen or more times of moving traffic offenses as contained in Chapter 6 of this title, including those covered in paragraph (1) of this subsection, or in the law of any other state, or in a valid municipal or county ordinance substantially conforming to or paralleling a similar law of Georgia, which offenses are required to be reported to the department and the commission of which offenses, singularly or in combination with any other offense or offenses, statutorily requires the cancellation, suspension, or revocation of any operator's license by the department or the commission of which offenses, singularly or in combination with any other offense or offenses, authorizes a court or the department to impose suspension or revocation of a driver's license. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GRANTS TO MUNICIPALITIES. No. 1251 (House Bill No. 1563). AN ACT To amend an Act providing for grants to certain incorporated municipalities of this State to be used for any public purposes, approved April 21, 1967 (Ga. L. 1967, p. 889), as amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 3696), an Act approved April 24, 1975 (Ga. L. 1975, p. 1006), and an Act approved March 16, 1976 (Ga. L. 1976, p. 437), so as to provide that eligible municipalities

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which fail to file or which file after the cutoff date the required certification for funds in Fiscal Year 1982 may file or refile a late certificate and qualify for Fiscal Year 1982 funds; to provide the procedures connected therewith; 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 providing for grants to certain incorporated municipalities of this State to be used for any public purposes, approved April 21, 1967 (Ga. L. 1967, p. 889), as amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 3696), an Act approved April 24, 1975 (Ga. L. 1975, p. 1006), and an Act approved March 16, 1976 (Ga. L. 1976, p. 437), is amended by adding a new paragraph at the end of Section 5 to read as follows: Notwithstanding any other provisions of this Act to the contrary, any eligible municipality which failed to file the required certification for Fiscal Year 1982 funds or which filed the required certification after the June 1 cutoff date may file or refile a certificate for Fiscal Year 1982 funds on or before June 1, 1982, and regain eligibility for Fiscal Year 1982 funds. It shall be the duty of the Director of the Fiscal Division of the Department of Administrative Services to include any municipality filing a late certification in the formula for determining the amount of the grants as provided in Section 2 of this Act and to disburse funds as though a timely certificate had been filed by such municipality. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall be repealed effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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GEORGIA ADMINISTRATIVE PROCEDURE ACT AMENDED HEARINGS BY TELEPHONIC COMMUNICATIONS. Code Section 50-13-15 Amended. No. 1252 (House Bill No. 1584). AN ACT To amend an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, so as to provide that hearings may be conducted by telephonic communications with the consent of all parties; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, is amended by adding at the end of Section 16 a new subsection, to be designated subsection (e), to read as follows: (e) Any hearing which is required or permitted hereunder may be conducted by utilizing remote telephonic communications if the record reflects that all parties have consented to the conduct of the hearing by use of such communications and that such procedure will not jeopardize the rights of any party to the hearing. Part 2 Section 2. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedures, is amended by striking Code Section 50-13-15 in its entirety and inserting in lieu thereof a new Code Section 50-13-15 to read as follows:

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50-13-15. In contested cases: (1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts 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, psychiatric, or psychological evaluation of a type routinely submitted to and relied upon by an agency in the normal course of its business. 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; (2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original or have it established as documentary evidence according to the rules of evidence applicable to the superior courts of this state; (3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts; (4) Official notice may be taken of judicially cognizable facts. In addition, official notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence; and (5) Any hearing which is required or permitted hereunder may be conducted by utilizing remote telephonic communications if the record reflects that all parties have consented to the conduct

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of the hearing by use of such communications and that such procedure will not jeopardize the rights of any party to the hearing. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. BOATING SAFETY ZONES, ETC. Code Section 52-7-13 Amended. No. 1253 (House Bill No. 1601). AN ACT To amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to specify appropriate boating safety zones consistent with public safety at certain dams; to prohibit the launching of power boats in designated boating safety zones and the launching of vessels in designated swimming areas and in safety zones at specified dams; to provide for other matters relative to the foregoing; 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. Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, is amended by striking paragraph (6) of subsection (a) of Code Section 52-7-13 which reads as follows: (6) The area within 500 feet of the dams at Lake Allatoona, Carters Lake, Lake Blue Ridge, Lake Lanier, Lake Hartwell, Lake Jackson, Lake Oconee, Lake Sinclair, Lake Sheare (Rum Creek Reservoir), Lake Nottely, Clark Hill Reservoir, Lake Walter F. George, West Point Lake, Bartlett's Ferry, Goat Rock Reservoir, Lake Oliver, New Savannah River Lock and Dam, Columbia Lock and Dam (Lake George W. Andrews), Lake Worth, and Lake Seminole; provided, however, this provision shall not apply to the marked channels leading through the locks of a dam upon any navigable waterway., in its entirety and substituting in lieu thereof a new paragraph (6) to read as follows: (6) The area downstream within 500 feet of the dam at Lake Oconee; the area upstream within 500 feet of the dam at Lake Jackson; the area downstream within 200 feet of the dam at Lake Sinclair; the area upstream within 500 feet of the dam at Stevens Creek; the area upstream within 50 feet of the Muckafoonee Creek Dam at Lake Worth; the area downstream within 200 feet of the power plant below the dam at Bartlett's Ferry; the areas upstream within 500 feet and downstream within 200 feet of the dam at Goat Rock Reservoir; and the area upstream within 200 feet of the dam at Lake Juliette (Rum Creek Reservoir). Section 2. Said Chapter 7 is further amended by striking subsection (b) of Code Section 52-7-13 which reads as follows: (b) Within the boundary of a boating safety zone, it shall be unlawful at any time to launch, float, or operate any power boat, except lifesaving emergency or law enforcement crafts., in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

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(b) Except for lifesaving, emergency, law enforcement or dam operation and maintenance craft, it shall be unlawful to launch, float, or operate: (1) Any power boat within the boundaries of those boating safety zones defined in subsection (a) of this Code section; or (2) Any vessel within the boundaries of those boating safety zones defined in paragraphs (5) and (6) of subsection (a) of this Code section, provided such zones are marked in accordance with the uniform waterway marking system. Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. INSURANCE FAIR ACCESS TO INSURANCE REQUIREMENTS ACT AMENDED. Code Section 33-33-11 Amended. No. 1254 (House Bill No. 1618). AN ACT To amend an Act relating to fair access to insurance requirements, approved February 14, 1975 (Ga. L. 1975, p. 22), so as to change the date upon which the Act will cease to be effective; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Part 1 Section 1. An Act relating to fair access to insurance requirements, approved February 14, 1975 (Ga. L. 1975, p. 22), is amended by replacing Section 10 with a new Section 10 to read as follows: Section 10. Termination-outstanding obligations. This Act shall no longer be of any force or effect after December 31, 1986, or after the expiration of the Urban Property Protection and Reinsurance Act of 1968, as amended, or any reenactment of the same, whichever shall last occur, except that obligations incurred by the Association to be established pursuant to the provision of this Act shall not be impaired by the expiration of this Act and such Association shall be continued for the purpose of performing such obligations. Part 2 Section 2. Chapter 33 of Title 33 of the OFficial Code of Georgia Annotated, relating to fair access to insurance requirements, is amended by replacing Code Section 33-33-11 with a new Code Section 33-33-11 to read as follows: 33-33-11. This chapter shall no longer be of any force or effect after December 31, 1986, or after the expiration of the Urban Property Protection and Reinsurance Act of 1968 or any reenactment of the same, whichever shall last occur, except that obligations incurred by the association to be established pursuant to this chapter shall not be impaired by the expiration of this chapter and such association shall be continued for the purpose of performing such obligations. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. SUPERIOR COURT CLERKS VACANCIES. Code Sections 24-2704, 15-6-56 Amended. No. 1255 (House Bill No. 1631). AN ACT To amend Code Section 24-2704, relating to vacancies in the office of clerk of the superior court, as amended, so as to change the provisions relating to filling vacancies; to provide that certain provisions relating to vacancies shall not apply to other county officers; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. Code Section 24-2704, relating to vacancies in the office of clerk of the superior court, as amended, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) In any county in which the position of chief deputy clerk has been created by law or in which a chief deputy clerk has been appointed pursuant to Code Section 24-2713, the chief deputy clerk shall succeed the clerk of superior court if a vacancy occurs; and the chief deputy clerk shall serve until the first day of January following the next general election which is held more than 30 days after the date the vacancy occurs; provided, however, that in no event shall the

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chief deputy clerk serve past the date that the successor is qualified immediately upon the expiration of the term of office in which the vacancy was created. If a portion of the original term will remain unexpired after said first day of January, then a person to fill the vacancy for the remainder of the unexpired term shall be elected at said general election. In any such case, the other provisions of law for filling such a vacancy shall not apply. The provisions of this subsection shall only be applicable to the clerk of the superior court and shall not be applicable to other county officers. Part 2 Section 2. Code Section 15-6-56 of the Official Code of Georgia Annotated, relating to vacancies in the office of clerk of the superior court, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) In any county in which the position of chief deputy clerk has been created by law or in which a chief deputy clerk has been appointed pursuant to Code Section 15-6-59, the chief deputy clerk shall succeed the clerk of the superior court if a vacancy occurs. The chief deputy clerk shall serve until January 1 following the next general election which is held more than 30 days after the date the vacancy occurs; provided, however, that in no event shall the chief deputy clerk serve past the date that the successor is qualified immediately upon the expiration of the term of office in which the vacancy was created. If a portion of the original term will remain unexpired after January 1, then a person to fill the vacancy for the remainder of the unexpired term shall be elected at such general election. In any such case, the other provisions of law for filling such a vacancy shall not apply. The provisions of this subsection shall only be applicable to the clerk of the superior court and shall not be applicable to other county officers. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982.

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(c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. SUPERIOR COURTS FEES FOR FILING FINANCING STATEMENTS. Code Section 15-6-77 Amended. No. 1256 (House Bill No. 1634). AN ACT To amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior courts, so as to change the fees for recording and indexing financing statements; 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 15-6-77 of the Official Code of Georgia Annotated, relating to fees in superior courts, is amended by striking paragraph (5) of subsection (c) of said Code section in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:

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(5) Filing and indexing financing statements and for stamping a copy furnished by the secured party to show the date and place of filing for an original or a continuation statement, as provided in Code Section 11-9-403 3.50 No fee shall be charged for filing a termination of a financing statement, as provided in Code Section 11-9-404, when the original financing statement was filed subsequent to April 1, 1963. No fee shall be charged for filing an assignment that is indicated on the original financing statement, as provided in Code Section 11-9-405. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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DEPARTMENTS OF FAMILY AND CHILDREN SERVICES, DESTRUCTION OF RECORDS. Code Section 49-3-8 Amended. No. 1257 (House Bill No. 1642). AN ACT To amend an Act relating to the destruction of obsolete records by the county departments of family and children services, approved February 5, 1953 (Ga. L. 1953, p. 17), so as to change the time of retention of such records from five years to three years; to provide for other matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act relating to the destruction of obsolete records by the county departments of family and children services, approved February 5, 1953 (Ga. L. 1953, p. 17), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. Any county department of family and children services, at the discretion of the county director, may destroy public assistance case records which have been inactive for three years or more, as well as related statistical and financial forms and reports. A record must be retained beyond the three-year period as long as a federal or State audit of that record is in progress, or if an audit's findings have not been resolved, or if the case in question is the subject of pending administrative or judicial litigation. Section 2. Said Act is further amended by striking Section 2 which reads as follows: Section 2. The destruction of these records shall be accomplished as prescribed by the State Department of Public Welfare., in its entirety.

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Part 2 Section 3. Code Section 49-3-8 of the Official Code of Georgia Annotated, relating to the destruction of records of county departments of family and children services, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 49-3-8 to read as follows: 49-3-8. Any county department of family and children services, at the discretion of the county director, may destroy public assistance case records which have been inactive for three years or more, as well as related statistical and financial forms and reports. A record must be retained beyond the three-year period as long as a federal or state audit of that record is in progress, or if an audit's findings have not been resolved, or if the case in question is the subject of pending administrative or judicial litigation. Part 3 Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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GEORGIA PUBLIC ASSISTANCE ACT OF 1965 AMENDED. Code Section 49-4-3 Amended. No. 1258 (House Bill No. 1695). AN ACT To amend an Act known as the Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, so as to provide that the commissioner of the Department of Human Resources may delegate responsibility for the development and issuance of procedural manuals for certain public assistance programs to the director of the Division of Family and Children Services; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, is amended by striking subsection (b) of Section 3 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) This Act shall be administered by the Department of Human Resources, including the county departments of family and children services acting under the direction and supervision of the commissioner of the Department of Human Resources. In administering this Act the Department of Human Resources, including the county departments of family and children services acting under the direction and supervision of the director of the Division of Family and Children Services shall: (1) Provide for maximum cooperation with other agencies, public and private, of this state, of other states, and of the federal government in rendering services to maintain and strenghten family life and to help applicants for public assistance and recipients to attain self-support or self-care;

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(2) Establish and enforce such rules and regulations as may be necessary or desirable to carry out the provisions of this Act; provided, however, that the commissioner of the Department of Human Resources may delegate to the director of the Division of Family and Children Services the responsibility for the development and issuance of procedural manuals; (3) Cooperate in all necessary respects with agencies of the United States government in the administration of this Act, and accept any funds, goods, or services available to the Department of Human Resources for public assistance and for other welfare programs and projects; (4) Enter into reciprocal and cooperative agreements with other agencies of the state which shall include agreements with the Georgia Department of Public Health, now Department of Human Resources, for medical participation in the health service aspects of planning, and medical supervision of the delivery, and the evaluation of health care services and with agencies of any other state relative to the providing of assistance or service to residents and nonresidents; and (5) Make reports at such times and in such forms as may be required by agencies of the United States government. Part 2 Section 2. Code Section 49-4-3 of the Official Code of Georgia Annotated, relating to the establishment of categories of public assistance and the administration of certain public assistance programs, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) This article shall be administered by the Department of Human Resources, including the county departments of family and children services acting under the direction and supervision of the commissioner. In administering this article the department, including the county departments acting under the direction and supervision of the director of the Division of Family and Children Services, shall:

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(1) Provide for maximum cooperation with other agencies, public and private, of this state, of other states, and of the federal government in rendering services to maintain and strenghten family life and to help applicants for public assistance and recipients to attain self-support or self-care; (2) Establish and enforce such rules and regulations as may be necessary or desirable to carry out this article; provided, however, that the commissioner of the Department of Human Resources may delegate to the director of the Division of Family and Children Services the responsibility for the development and issuance of procedural manuals; (3) Cooperate in all necessary respects with agencies of the United States government in the administration of this article, and accept any funds, goods, or services available to the department for public assistance and for other welfare programs and projects; (4) Enter into reciprocal and cooperative agreements with other agencies of this state and with agencies of any other state relative to the providing of assistance or service to residents and nonresidents; and (5) Make reports at such times and in such form as may be required by agencies of the United States government. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. CORPORATION CODE AMENDED FEES, ETC. Code Title 22 Amended. Code Title 14 Amended. No. 1259 (House Bill No. 1706). AN ACT To amend Code Title 22, relating to corporations, as amended, so as to change certain fees; to remove language relating to the payment of fees required in certain civil actions and proceedings; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 22, relating to corporations, as amended, is amended by striking paragraph (3) of subsection (c) of Code Section 22-803 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) A check, draft or money order in the amount of $18 payable to the clerk of the superior court of the county where the initial registered office of the corporation is to be located, in payment of the cost of filing the articles of incorporation in said county. Section 2. Said Code title is further amended by striking paragraph (3) of subsection (c) of Code Section 22-905 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:

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(3) A check, draft, or money order in the amount of $17 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of amendment to the Secretary of State, in payment of the cost of filing the articles of amendment in said county. Section 3. Said Code title is further amended by striking paragraph (4) of subsection (g) of Code Section 22-907 in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows: (4) A check, draft, or money order in the amount of $17 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the restated articles of incorporation to the Secretary of State, in payment of the cost of filing the restated articles of incorporation in said county. Section 4. Said Code title is further amended by striking paragraph (3) of subsection (d) of Code Section 22-1004 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) A check, draft, or money order in the amount of $17 payable to the clerk of the superior court of the county where the registered office of the surviving or new corporation is to be located, in payment of the cost of filing the articles of merger or articles of consolidation in said county. Section 5. Said Code title is further amended by striking paragraph (3) of subsection (b) of Code Section 22-1313 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) A check, draft, or money order in the amount of $17 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of dissolution to the Secretary of State, in payment of the cost of filing the articles of dissolution in said county. Section 6. Said Code title is further amended by striking paragraph (1) of subsection (b) of Code Section 22-3107 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) A check, draft, or money order in the amount of $17 payable to the clerk of the superior court of the county where the registered

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office of the corporation is located on the day of delivery of the articles of dissolution to the Secretary of State, in payment of the cost of filing the articles of dissolution in said county. Part 2 Section 7. Title 14 of the Official Code of Georgia Annotated, relating to corporations, is amended by striking paragraph (3) of subsection (c) of Code Section 14-2-172 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) A check, draft, or money order in the amount of $18.00 payable to the clerk of the superior court of the county where the initial registered office of the corporation is to be located, in payment of the cost of filing the articles of incorporation in said county;. Section 8. Said title is further amended by striking paragraph (3) of subsection (c) of Code Section 14-2-194 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) A check, draft, or money order in the amount of $17.00 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of amendment to the Secretary of State, in payment of the cost of filing the articles of amendment in said county;. Section 9. Said title is further amended by striking paragraph (4) of subsection (g) of Code Section 14-2-196 in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows: (4) A check, draft, or money order in the amount of $17.00 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the restated articles of incorporation to the Secretary of State, in payment of the cost of filing the restated articles of incorporation in said county. Section 10. Said title is further amended by striking paragraph (3) of subsection (d) of Code Section 14-2-213 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) A check, draft, or money order in the amount of $17.00 payable to the clerk of the superior court of the county where the

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registered office of the surviving or new corporation is to be located, in payment of the cost of filing the articles of merger or articles of consolidation in said county;. Section 11. Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 14-2-282 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) A check, draft, or money order in the amount of $17.00 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of dissolution to the Secretary of State, in payment of the cost of filing the articles of dissolution in said county. Section 12. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 14-3-216 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) A check, draft, or money order in the amount of $17.00 payable to the clerk of the superior court of the county where the registered office of the corporation is located on the day of delivery of the articles of dissolution to the Secretary of State, in payment of the cost of filing the articles of dissolution in said county; and. Part 3 Section 13. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 14. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. SALE OF ALCOHOLIC BEVERAGES ON CHRISTMAS DAY. Code Section 3-3-20 Amended. No. 1260 (House Bill No. 1752). AN ACT To amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays and election days, so as to authorize the governing authority of any county or municipality to prohibit the sale of alcoholic beverages on Christmas Day; 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 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays and election days, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 3-3-20 to read as follows: 3-3-20. (a) Except as specifically authorized by law, no person knowingly and intentionally shall sell or offer to sell alcoholic beverages on: (1) Sunday; or (2) An election day. As used in this paragraph, the term `election day' means that period of time beginning with the

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opening of the polls and ending with the closing of the polls. The prohibition of this Code section relative to election days applies only within the territorial boundaries for which the election is being held and, for the purposes of such prohibition, such territorial boundaries shall not include any property owned or operated by a county, municipality, or other political subdivision of this state for airport purposes, if no person resides on such publicly owned or operated property. As used in this paragraph, the term `election' means any state-wide primary election and the state-wide general election and any runoff held for any such election. Except as provided in this paragraph, in all counties of this state having a population of 35,000 or more according to the United States decennial census of 1980 or any future such census the local governing authorities of such counties and the local governing authorities of municipalities located in such counties may determine by local ordinance, resolution, or referendum whether such sales shall be permitted on local election days; provided, however, that this paragraph shall not apply to any governing authority which has not authorized the sale of alcoholic beverages. (b) The governing authority of any county or municipality may, by ordinance or resolution, prohibit the sale of alcoholic beverages on Christmas Day. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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CONTRACTS FOR PUBLICATION OF REPORTS OF SUPREME COURT AND COURT OF APPEALS, ETC. Code Chapter 90-2 Amended. Code Title 50, Chapter 18 Amended. No. 1261 (House Bill No. 1783). AN ACT To amend Code Chapter 90-2, relating to reports of the Supreme Court and the Court of Appeals, as amended, so as to delete certain requirements that the state publisher of court reports publish or maintain certain prior volumes of the reports of the Supreme Court of Georgia and reports of the Court of Appeals of Georgia; to change the provisions relating to the sale of copies of the reports which are unsold during the term of the contract for publication; to provide for other matters concerning publication of such reports; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 90-2, relating to reports of the Supreme Court and the Court of Appeals, as amended, is amended by striking subsections a. and b. of Code Section 90-212 in their entirety and inserting in lieu thereof new subsections a. and b. to read as follows: a. In addition to the reports to be furnished to the State as previously provided, the Publisher shall produce a sufficient number for sale to the citizens of the State. The Publisher shall at all times during his contract keep on hand in the capital city of the State an adequate supply of the reports such publisher has published during that contract period for sale to the citizens of the State and to the State when it so requires. b. In the event the Publisher does not have in stock any report published during the contract period that is needed by the State or any citizen of the State, the Reporter shall, upon notice to the Publisher, declare said contract breached and the Publisher shall become liable to the State for a sum to be assessed by the Reporter

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payable to the State for each week that the report is not available, but in no event, shall the total of the sum assessed by the Reporter exceed the amount of the Publisher's bond. In the event of undue delay, the Reporter may declare the contract ended. The bond given by the Publisher shall be liable for any sum assessed. Section 2. Said Code Chapter is further amended by striking Code Section 90-215 in its entirety and inserting in lieu thereof a new Code Section 90-215 to read as follows: 90-215. Same; means of reproduction. During the term of his contract, the Publisher will maintain the means to reproduce any volume published during the term of the contract at a time subsequent to the printing of that volume. Section 3. Said Code Chapter is further amended by striking Code Section 90-217, which reads as follows: 90-217. Publisher; sale of old reports; sale of means of reproduction. a. Upon the expiration of his contract, the Publisher in the event he does not become his own successor may sell to his successor all unsold copies of the reports, provided he and his successor can agree upon satisfactory terms therefor, but if no satisfactory trade is made with his successor the Publisher may hold said unsold copies for the purpose of sale; the price of any such unsold copies shall remain the same as fixed by the contract under which said unsold copies shall have been published. b. Upon the expiration of his contract, the Publisher in the event he does not become his own successor, will provide to his successor the means by which to reproduce prior volumes. In the event there is a failure to reach an agreement on the price of these means of reproduction, the Reporter, shall determine the price to be paid by the new Publisher to the old Publisher for the means of reproduction of previous volumes., in its entirety and inserting in lieu thereof a new Code Section 90-217 to read as follows: 90-217. Upon the expiration of his contract, the publisher may sell all unsold copies of the reports to any person, firm, corporation, or entity, public or private. The price of any such copies shall remain the same as fixed by the contract under which such copies were published.

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Part 2 Section 4. Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, is amended by striking subsections (a) and (b) of Code Section 50-18-32 in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) In addition to the reports to be furnished to the state as previously provided, the publisher shall produce a sufficient number for sale to the citizens of the state. The publisher shall at all times during his contract keep on hand in the capital city of the state an adequate supply of the reports such publisher has published during that contract period for sale to the citizens of the state and to the state when it so requires. (b) In the event the publisher does not have in stock any report published during the contract period that is needed by the state or any citizen of the state, the reporter shall, upon notice to the publisher, declare the contract breached; and the publisher shall become liable to the state for a sum, to be assessed by the reporter, payable to the state for each week that the report is not available but in no event shall the total of the sum assessed by the reporter exceed the amount of the publisher's bond. In the event of undue delay, the reporter may declare the contract ended. The bond given by the publisher shall be liable for any sum assessed. Section 5. Said article is further amended by striking Code Section 50-18-35 in its entirety and inserting in lieu thereof a new Code Section 50-18-35 to read as follows: 50-18-35. During the term of his contract, the publisher shall maintain the means to reproduce any volume published during the term of the contract at a time subsequent to the printing of that volume. Section 6. Said article is further amended by striking Code Section 50-18-36, which reads as follows: 50-18-36. (a) Upon the expiration of his contract, the publisher, in the event he does not become his own successor, may sell to his successor all unsold copies of the reports, provided he and his successor can agree upon satisfactory terms therefor; but, if no

Page 895

satisfactory trade is made with his successor, the publisher may hold the unsold copies for the purpose of sale. The price of any such unsold copies shall remain the same as fixed by the contract under which the unsold copies were published. (b) Upon the expiration of his contract, the publisher, in the event he does not become his own successor, will provide to his successor the means by which to reproduce prior volumes. In the event there is a failure to reach an agreement on the price of these means of reproduction, the reporter shall determine the price to be paid by the new publisher to the old publisher for the means of reproduction of previous volumes., in its entirety and inserting in lieu thereof a new Code Section 50-18-36 to read as follows: 50-18-36. Upon the expiration of his contract, the publisher may sell all unsold copies of the reports to any person, firm, corporation, or entity, public or private. The price of any such copies shall remain the same as fixed by the contract under which such copies were published. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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STATE PERSONNEL BOARD PUBLIC SCHOOL EMPLOYEE DEFINED, ETC. No. 1262 (House Bill No. 153). AN ACT To amend an Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, approved April 24, 1975 (Ga. Laws 1975, p. 1194), as amended by an Act approved April 8, 1980 (Ga. Laws 1980, p. 1538), so as to change the provisions relative to the definition of a public school employee; to change the provisions relative to contributions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the State Personnel Board to provide a health insurance plan for public school employees, approved April 24, 1975 (Ga. Laws 1975, p. 1194), as amended by an Act approved April 8, 1980 (Ga. Laws 1980, p. 1538), is hereby amended by adding at the end of subsection (a) of Section 1 the following: It is specifically provided, however, that the term `public school employee' shall not include any emergency or temporary employee or any other employee who works in a position otherwise covered by such term less than 60% of the time required to carry out the duties of such position., so that when so amended said subsection (a) shall read as follows: (a) A `public school employee' means an `employee' as defined in subsection (5) of Section 2 of an Act establishing a retirement system for public school employees in the State public schools and other State-supported schools, approved April 30, 1969 (Ga. Laws 1969, p. 998), as the same now exists or may hereafter be amended. `Public school employee' also means classroom aides, paraprofessionals, and noncertified administrative and clerical personnel. It is specifically provided, however, that the term `public school employee' shall not include any emergency or temporary employee or any other employee who works in a position otherwise covered by such term less than 60% of the time required to carry out the duties of such position.

Page 897

Section 2. Said Act is further amended by striking from the last sentence of Section 10 the word employer and inserting in lieu thereof the word employee' so that when so amended Section 10 shall read as follows: Section 10. During any period in which an employee is covered under the health insurance plan authorized by this Act prior to the date of his retirement, there shall be withheld from each salary payment of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be established by the Board. During any month in which benefits are being paid by a public school employees' retirement system to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the Board with the consent of the recipient. The State Department of Education shall contribute to said Health Insurance Fund such portion of the costs of such benefits as may be established by the Board to maintain the employee contributions consistent with other health insurance plans administered by the Board. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1982. ELECTIONS DISTRIBUTION OF FEES, ETC. Code Sections 34-1013, 21-2-131 Amended. No. 1263 (House Bill No. 364). AN ACT To amend Code Section 34-1013, relating to qualification fees and distribution of fees, as amended, so as to change the provisions relating to the distribution of fees; to provide for other matters

Page 898

relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 34-1013, relating to qualification fees and distribution of fees, as amended, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows: 34-1013. (a) Qualification fees for party and public offices shall be fixed and published as follows: (1) The governing authority of any county, not later than March 1 in any year in which a general primary or election is to be held (except that in the year 1970 such date shall be April 1), and at least 20 days prior to the election in the case of a special election, shall fix and publish a qualifying fee for each county or militia district office to be filled in the upcoming primary or election. Such fee shall be three per cent. of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed three per cent. of the income derived from such office by the person holding the office for the preceding year, except that the fee for the office of justice of the peace shall be $10. (2) Within the same time limitation, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a State political party and each non-primary candidate filing with the Secretary of State his notice of candidacy for the general or special election. Such fee shall be three per cent. of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed three per cent. of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each party office to be filled in a primary. Such fees

Page 899

shall be set and published by the county or State political party not later than March 1 of the year in which the primary is to be held for the filling of such party office (except that in the year 1970 the date shall be April 1). (b) Qualifying fees shall be paid as follows: (1) The qualifying fee for a candidate in a primary shall be paid to the county or State political party at the time the candidate qualifies; (2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be pro-rated and distributed as follows: (1) Fees paid to the county political party: 50 per cent. to be retained by the county political party with which the candidate qualified; 50 per cent. to be transmitted to the superintendent of the county with the party's certified list of candidates not later than noon of the third Wednesday in June in the case of a general primary, and by noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the State political party: 50 per cent. to be retained by the State political party; 50 per cent. to be transmitted to the Secretary of State with the party's certified list of candidates not later than noon of the third Wednesday in June in the case of a general primary, and by noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the State treasury, and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, then such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election;

Page 900

(3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be pro-rated and distributed as follows: 25 per cent. to be transmitted to the State treasury; 75 per cent. to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of electors of more than one county, then such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election. Part 2 Section 2. Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to fixing and publishing of qualification fees, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 21-2-131 to read as follows: 21-2-131. (a) Qualification fees for party and public offices shall be fixed and published as follows: (1) The governing authority of any county, not later than March 1 of any year in which a general primary or election is to be held, and at least 20 days prior to the election in the case of a special election, shall fix and publish a qualifying fee for each county or militia district office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year, except that the fee for the office of justice of the peace shall be $10.00; (2) Within the same time limitation as provided in subsection (a) of this Code section, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and each nonprimary candidate filing with the Secretary of State his notice of candidacy for

Page 901

the general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than March 1 of the year in which the primary is to be held for the filling of such party office. (b) Qualifying fees shall be paid as follows: (1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies; (2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be prorated and distributed as follows: (1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third Wednesday in June in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the state political party: 50 percent to be retained by the state political party; 50 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third Wednesday in June in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by

Page 902

the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election; (3) Qualification fees paid to the superintendent of the county shall be transmitted by the superintendent as soon as practicable to the general fund of the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows: 25 percent to be transmitted to the state treasury; 75 percent to be transmitted to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the payment of the cost of holding the election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

Page 903

Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. ARCHITECTS REGISTRATION, ETC. Code Sections 84-321, 43-4-14 Amended. No. 1264 (House Bill No. 425). AN ACT To amend Code Chapter 84-3, relating to architects, as amended, so as to change the provisions relating to the exemption of certain persons from registering as architects; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 84-3, relating to architects, as amended, is amended by striking from Code Section 84-321, relating to employers of registered architects, professional engineers, and others, as amended, the following: $50,000.00, and inserting in lieu thereof the following: $100,000.00, so that when so amended Code Section 84-321 shall read as follows:

Page 904

84-321. Employees of registered architects, professional engineers and others.In order to safeguard life and property no person shall be allowed to practice architecture unless he has the qualifications and competency required by this Chapter. Nothing contained in this Chapter shall prevent draftsmen, students, project representatives, administrators and other employees of those lawfully practicing as registered architects under the provisions of this Chapter, from acting under the instructions, control or direction of their employers. No person shall be required to register as an architect in order to make plans and specifications for or supervise the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any one or two-family residence buildings, regardless of cost, or any domestic out-building appurtenant to any such one or two-family residences regardless of cost, or of any other type building costing less than $100,000.00 (except schools, auditoriums, or other buildings intended for the mass assemblage of people or group housing projects whether they be single, double or multi-family). Nor shall anything in this Chapter be held to prevent registered professional engineers or their employees or subordinates under their responsible supervising control from performing architectural services which are purely incidental to their engineering practice, provided, however, that registered architects or their employees or subordinates under their responsible supervising control may perform engineering services which are purely incidental to their architectural practice. However, no professional engineer shall practice architecture or use the designation `architect' or any term derived therefrom unless registered under this Chapter, and no architect shall practice professional engineering or use the term `engineer' or any term derived therefrom unless he also is qualified and registered as such engineer as provided by law. Otherwise any person who shall be engaged in the planning or design for the erection, enlargement or alteration of any building or group of buildings for others, or furnishing architectural administration of construction contracts thereof shall be deemed to be practicing architecture and be required to register under this Chapter, and to secure all renewals of such registration as conditioned precedent to his so doing. The term `building' in this Chapter shall be as defined under Section 84-301. Part 2 Section 2. Code Section 43-4-14 of the Official Code of Georgia Annotated, relating to employees of registered architects, professional engineers, and others, is amended by striking said Code section

Page 905

in its entirety and inserting in lieu thereof a new Code Section 43-4-14 to read as follows: 43-4-14. In order to safeguard life and property, no person shall be allowed to practice architecture unless he has the qualifications and competency required by this chapter. Nothing contained in this chapter shall prevent draftsmen, students, project representatives, administrators, and other employees of those lawfully practicing as registered architects under this chapter from acting under the instructions, control, or direction of their employers. No person shall be required to register as an architect in order to make plans and specifications for or supervise the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any one- or two-family residence buildings, regardless of cost, or any domestic out-building appurtenant to any such one- or two-family residences regardless of cost, or of any other type building costing less than $100,000.00 (except schools, auditoriums, or other buildings intended for the mass assemblage of people or group housing projects whether they be single, double, or multifamily). Nothing in this chapter shall be held to prevent registered professional engineers or their employees or subordinates under their responsible supervising control from performing architectural services which are purely incidental to their engineering practice; provided, however, that registered architects or their employees or subordinates under their responsible supervising control may perform engineering services which are purely incidental to their architectural practice. However, no professional engineer shall practice architecture or use the designation `architect' or any term derived therefrom unless registered under this chapter; and no architect shall practice professional engineering or use the term `engineer' or any term derived therefrom unless he also is qualified and registered as an engineer as provided by law. Otherwise, any person who is engaged in the planning or design for the erection, enlargement, or alteration of any building or group of buildings for others or furnishing architectural administration of construction contracts thereof shall be deemed to be practicing architecture and be required to register under this chapter and to secure all renewals of such registration as a condition precedent to his so doing. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 906

(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. HOUSING AUTHORITIES LAW AMENDED. Code Section 8-3-52 Amended. No. 1265 (House Bill No. 634). AN ACT To amend the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 310), as amended, particularly by an Act approved March 23, 1939 (Ga. L. 1939, p. 112), an Act approved February 10, 1951 (Ga. L. 1951, p. 219), an Act approved February 21, 1951 (Ga. L. 1951, p. 612), and an Act approved February 24, 1961 (Ga. L. 1961, p. 54), so as to delete certain references to the State Housing Authority Board which was abolished by said 1961 amendatory Act; to prohibit certain acts of commissioners in connection with selection of depositories in which they have an interest; to provide for all related matters; to amend the Official Code of Georgia Annotated so as to change the provisions relating to disclosure and abstention requirements for interested commissioners and employees; to provide effective dates; 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:

Page 907

Part 1 Section 1. The Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 310), as amended, particularly by an Act approved March 23, 1939 (Ga. L. 1939, p. 112), an Act approved February 10, 1951 (Ga. L. 1951, p. 219), an Act approved February 21, 1951 (Ga. L. 1951, p. 612), and an Act approved February 24, 1961 (Ga. L. 1961, p. 54), is amended by striking the first paragraph of Section 5 and inserting in lieu thereof a new paragraph to read as follows: When the governing body of a city adopts a resolution as aforesaid, it shall promptly notify the mayor of such adoption. Upon receiving such notice the mayor shall appoint five persons as commissioners of the authority created for such city. In the event the mayor fails or refuses to submit appointments within 30 days after notice from the governing body of approval of resolution of necessity or termination of existing appointments, the governing body may appoint the commissioners of the authority created for said city. When the governing body of a county adopts a resolution as aforesaid, said body shall appoint five persons as commissioners of the authority created for said county. The commissioners who are first appointed shall be designated to serve for terms of one, two, three, four and five years, respectively from the date of their appointment, but thereafter commissioners shall be appointed as aforesaid for a term of office of five years except that all vacancies shall be filled for the unexpired term. No commissioner of an authority may be an officer or employee of the city or county for which the authority is created. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his services, but he shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. Section 2. Said Act is further amended by adding at the end of Section 6 the following: However, in the selection of a depository for funds of the authority, any commissioner who has a financial interest in the depository under consideration shall disclose his interest and abstain from taking any part in the consideration of or voting on the selection of the depository.,

Page 908

so that when so amended said Section 6 shall read as follows: Section 6. Interested commissioners or employees. No commissioner or employee of the authority shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract in connection with any project. Where the acquisition is not voluntary, such commissioner or employee shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee shall not participate in any action by the authority involving such project, property or contract, respectively. If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract in connection with any project, he shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee shall not participate in any action by the authority involving such project, property, or contract, respectively. A commissioner shall not participate in any action concerning the employment to a remunerative position of the person who appointed said commissioner to office. Any violation of the provisions of this section shall constitute misconduct in office. This section shall not be applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any project or the execution of agreements by banking institutions for the deposit or handling of funds in connection with a project or to act as trustee under any trust indenture. However, in the selection of a depository for funds of the authority, any commissioner who has a financial interest in the depository under consideration shall disclose his interest and abstain from taking any part in the consideration of or voting on the selection of the depository. Part 2 Section 3. Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, is amended by striking Code Section 8-3-52 in its entirety and inserting in lieu thereof a new Code Section 8-3-52 to read as follows:

Page 909

8-3-52. (a) No commissioner or employee of the authority shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract in connection with any project. Where the acquisition is not voluntary, such commissioner or employee shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure, such commissioner or employee shall not participate in any action by the authority involving such project, property, or contract, respectively. (b) If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract in connection with any project, he shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure, such commissioner or employee shall not participate in any action by the authority involving such project, property, or contract, respectively. (c) A commissioner shall not participate in any action concerning the employment to a remunerative position of the person who appointed said commissioner to office. (d) In the selection of a depository for funds of the authority, any commissioner who has a financial interest in the depository under consideration shall disclose his interest and abstain from taking any part in the consideration of or voting on the selection of the depository. (e) Any violation of this Code section shall constitute misconduct in office. (f) This Code section shall not be applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any project, or to the execution of agreements by banking institutions for the deposit or handling of funds in connection with a project, or to agreements by such institutions to act as trustee under any trust indenture.

Page 910

Part 3 Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. CRIMINAL PROCEDURE BAIL IN CRIMINAL CASES. Code Section 17-6-1 Amended. No. 1266 (House Bill No. 723). AN ACT To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to bail; to prohibit bail under certain circumstances; to provide procedures for certain persons charged with crimes to seek bail; to provide for appeals; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking Code Section 17-6-1 in its entirety and inserting in lieu thereof a new Code Section 17-6-1 to read as follows:

Page 911

17-6-1. (a) The offenses of rape, armed robbery, aircraft hijacking, treason, murder, aggravated assault, and perjury and the offenses of giving, selling, offering for sale, bartering, or exchanging of any narcotic drug are bailable only before a judge of the superior court; and the granting of bail is, in every case except as otherwise provided in subsection (b), a matter of sound discretion. All other offenses are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. (b) (1) The following persons shall not be entitled to or released on bail: (A) Any person charged with committing a felony listed in paragraph (2) of this subsection who has previously been convicted of the commission of a felony listed in paragraph (2); (B) Any person charged with committing a felony listed in paragraph (2) of this subsection while such person is on probation or parole with respect to a felony listed in paragraph (2); or (C) Any person charged with committing a felony listed in paragraph (2) of this subsection while such person is on bail or has been released on his own recognizance for a felony listed in paragraph (2). (2) The felonies to which paragraph (1) of this subsection apply are: (A) Murder; (B) Rape; (C) Armed robbery; (D) Kidnapping; (E) Arson;

Page 912

(F) Burglary; (G) Aircraft hijacking; (H) Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; or (I) Aggravated assault. (c) Notwithstanding the provisions of subsection (b), any person who is not entitled to bail as provided in subsection (b) may petition the superior court requesting that he be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after the receipt of such petition. The court shall be authorized to release the person charged with a felony listed in paragraph (2) of subsection (b) on bail or his own recognizance if the court finds that the person: (1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; and (2) Poses no significant threat or danger to any person, or to the community, or to any property in the community; and (3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. If the person charged with a felony listed in paragraph (2) of subsection (b) or the prosecuting attorney is aggrieved by a decision of the court, such order may be appealed. (d) Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies.

Page 913

Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. DISPLAY OF MOTTO AND FLAGS IN CLASSROOMS, ETC. Code Section 50-3-4.1 Enacted. No. 1267 (House Bill No. 856). AN ACT To provide that posters or framed copies representing our national motto and American flag may be displayed in each public elementary and secondary school library and classroom in this state and in each public building or facility in this state which is maintained or operated by state funds; to provide the method of acquiring such copies or posters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. (a) Local school superintendents of the public schools in this state and the appropriate administrative officials of the various institutions and agencies of this state, provided that sufficient funds or the items themselves are available as provided in subsection (b) of this section, are authorized to place a durable poster or framed copy representing the following which may be displayed in each public elementary and secondary school library and classroom in this state and in each public building or facility in this state which is maintained or operated by state funds:

Page 914

(1) Our national motto, In God We Trust; (2) A true and correct representation of the American Flag, which shall be centered under the national motto; and (3) A true and correct representation of the Georgia state flag. (b) The copies or posters authorized by this Act shall either be donated or shall be purchased solely with funds made available through voluntary contributions to the local school boards in the case of displays in public schools or to the Georgia Building Authority in the case of displays in state buildings and facilities. Part 2 Section 2. Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state and other flags, is amended by adding a new Code Section 50-3-4.1 to read as follows: 50-3-4.1. (a) Local school superintendents of the public schools in this state and the appropriate administrative officials of the various institutions and agencies of this state, provided that sufficient funds or the items themselves are available as provided in subsection (b) of this Code section, are authorized to place a durable poster or framed copy representing the following which may be displayed in each public elementary and secondary school library and classroom in this state and in each public building or facility in this state which is maintained or operated by state funds: (1) Our national motto, `In God We Trust'; (2) A true and correct representation of the American flag, which shall be centered under the national motto; and (3) A true and correct representation of the Georgia state flag. (b) The copies or posters authorized by this Code section shall either be donated or shall be purchased solely with funds made available through voluntary contributions to the local school boards in the case of displays in public schools or to the Georgia Building Authority in the case of displays in state buildings and facilities.

Page 915

Part 3 Section 3. A copy of this Act shall be mailed directly to each school board in this state. A copy of this Act shall be mailed directly to each board member, school superintendent, and curriculum director of the state school system of Georgia. Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. LIENS ON PROPERTY HELD IN POSSESSION BY CERTAIN DEPOSITORIES. Code Title 44, Chapter 14 Amended. No. 1268 (House Bill No. 901). AN ACT To amend an Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, approved March 27, 1947 (Ga. Laws 1947, p. 1165), so as to create a lien on certain property found in repossessed automobiles; to provide for notice to the owner of such property; to provide for the disposition of such property; to provide for the disposition of proceeds; to provide

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for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, approved March 27, 1947 (Ga. Laws 1947, p. 1165), is hereby amended by adding at the beginning of the first sentence of Section I of said Act the following: Except as provided in Section IIA,, so that when so amended Section I of said Act shall read as follows: Section I. Except as provided in Section IIA, Involuntary Gratuitous or Naked Depositories shall have a lien on property in their possession for any expense incurred in caring for the property and any expenses incurred in the effort to locate the owner thereof. Where the property consists of closed trunks, suitcases, bags, boxes, bundles, packages, etc., which do not on the outside thereof contain marks from which the owner can be ascertained, such Depositories are authorized, but not required, to open said container for the purpose of ascertaining, if possible, the name and address of the owner. Where the owner and his address are known, the Depository is authorized, but not required, to address a registered notice to such owner, that the Depository holds such property which will be delivered to the owner on reasonable identification and payment of any charges that have accrued for caring for said property and giving such notice. Section 2. Said Act is further amended by striking from the first sentence of Section II of said Act the following: Any, and substituting in lieu thereof the following: Except as provided in Section IIA, any,

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so that when so amended Section II of said Act shall read as follows: Section II. Except as provided in Section IIA, any property in the possession of an Involuntary Gratuitous or Naked Depository remaining unclaimed or unidentified, or the reasonable expense incurred in connection with the same remains unpaid, for the period of six months from the time said property came into the possession of such Depositories, may be sold at public auction to the highest bidder at such time and place as may be designated by such Depository; provided that such Depositories shall have published a notice containing a general description of the property and the time and place of sale once a week for two successive weeks prior to the date of sale in a newspaper of general circulation in the place of sale, or the nearest place thereto. Section 3. Said Act is further amended by adding between Section II and Section III of said Act a new Section to read as follows: Section IIA. (a) Any person who lawfully repossesses a motor vehicle shall be an Involuntary Gratuitous or Naked Depository of any personal property found in such motor vehicle and shall have a lien on such property for any reasonable expenses incurred in storing such property or in giving notice to such owner. (b) Within 10 days of the date of repossession, the person repossessing such motor vehicle shall notify the owner of the motor vehicle of the intent to dispose of the personal property. Such notice must be actual notice, but may be by personal service or by service by Certified Mail. (c) If the personal property is not redeemed within 30 days from the date of the first notice, a second notice shall be sent in the same manner as provided in subsection (b). (d) If the personal property is not redeemed within 30 days from the date of the second notice, the personal property may be disposed of in the manner most expeditious to the Depository without further liability; and the proceeds shall be disbursed in accordance with Section III of this Act.

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Part 2 Section 4. Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to depositories, is amended by striking Code Section 44-14-410 in its entirety and inserting in its place a new Code Section 44-14-410 to read as follows: 44-14-410. Except as provided in Code Section 44-14-411.1, involuntary, gratuitous, or naked depositories shall have a lien on the property in their possession for any expense incurred in caring for the property and any expenses incurred in the effort to locate the owner thereof. Where the property consists of closed trunks, suitcases, bags, boxes, bundles, packages, or other containers which do not on the outside contain marks from which the owner can be ascertained, such depositories are authorized, but are not required, to open such containers for the purpose of ascertaining, if possible, the name and address of the owner. Where the owner and his address are known, the depository is authorized, but is not required, to address a notice by registered or certified mail to the owner notifying him that the depository holds the property and that the property will be delivered to the owner upon reasonable identification and payment of any charges that have accrued in caring for the property and in giving such notice. Section 5. Said part is further amended by striking Code Section 44-14-411 in its entirety and inserting in its place a new Code Section 44-14-411 to read as follows: 44-14-411. Except as provided in Code Section 44-14-411.1, any property in the possession of an involuntary, gratuitous, or naked depository, which property remains unclaimed or unidentified or the reasonable expense incurred in connection with which remains unpaid for the period of six months from the time the property came into the possession of the depository, may be sold at public auction to the highest bidder at such time and place as may be designated by the depository; provided, however, that the depositories shall publish a notice containing a general description of the property and the time and place of sale once a week for two successive weeks prior to the date of the sale in a newspaper of general circulation in the place of the sale or the nearest place thereto. Section 6. Said part is further amended by adding immediately following Code Section 44-14-411 a new Code section, to be designated Code Section 44-14-411.1 to read as follows:

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44-14-411.1. (a) Any person who lawfully repossesses a motor vehicle shall be an involuntary, gratuitous, or naked depository of any personal property found in such motor vehicle and shall have a lien on such property for any reasonable expenses incurred in storing such property or in giving notice to such owner. (b) Within ten days of the date of repossession, the person repossessing such motor vehicle shall notify the owner of the motor vehicle of the intent to dispose of the personal property. Such notice must be actual notice, but may be by personal service or by service by Certified Mail. (c) If the personal property is not redeemed within 30 days from the date of the first notice, a second notice shall be sent in the same manner as provided in subsection (b) of this Code section. (d) If the personal property is not redeemed within 30 days from the date of the second notice, the personal property may be disposed of in the manner most expeditious to the depository without further liability and the proceeds shall be disbursed as provided in Code Section 44-14-412. Section 7. Said part is further amended by striking Code Section 44-14-412 in its entirety and inserting in its place a new Code Section 44-14-412 to read as follows: 44-14-412. The proceeds of any sale made under Code Sections 44-14-410, 44-14-411, and 44-14-411.1 shall be applied to the payment of any expense incurred in caring for the property sold, any expense incurred in endeavoring to locate and make delivery of the property to the owner, any expense of advertising the sale, and any other necessary expenses. Should there be a balance, the balance shall be payable to the owner of the property; provided, however, that any claim of an owner shall be barred unless made within one year from the date of the sale. Part 3 Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. SALE OF PROPERTY HELD BY CERTAIN DEPOSITORIES. Code Section 44-14-411 Amended. No. 1269 (House Bill No. 902). AN ACT To amend an Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, approved March 27, 1947 (Ga. L. 1947, p. 1165), so as to change the time such depository must hold such property; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act which gives an express lien to involuntary, gratuitous, or naked depositories on property held in their possession, approved March 27, 1947 (Ga. L. 1947, p. 1165), is amended by striking Section II in its entirety and substituting in lieu thereof a new Section II to read as follows:

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Section II. Except as provided in Section IIA, any property in the possession of an Involuntary Gratuitous or Naked Depository remaining unclaimed or unidentified, or the reasonable expense incurred in connection with the same remains unpaid, for the period of two months from the time said property came into the possession of such Depositories, may be sold at public auction to the highest bidder at such time and place as may be designated by such Depository; provided that such Depositories shall have published a notice containing a general description of the property and the time and place of sale once a week for two successive weeks prior to the date of sale in a newspaper of general circulation in the place of sale, or the nearest place thereto. Part 2 Section 2. Code Section 44-14-411 of the Official Code of Georgia Annotated, relating to depositories of involuntary, gratuitous, or naked deposits, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 44-14-411 to read as follows: 44-14-411. Except as provided in Code Section 44-14-411.1, any property in the possession of an involuntary, gratuitous, or naked depository, which property remains unclaimed or unidentified or the reasonable expense incurred in connection with which remains unpaid for the period of two months from the time the property came into the possession of the depository, may be sold at public auction to the highest bidder at such time and place as may be designated by the depository; provided, however, that the depositories shall publish a notice containing a general description of the property and the time and place of sale once a week for two successive weeks prior to the date of the sale in a newspaper of general circulation in the place of the sale or the nearest place thereto. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982.

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(c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. REGULATION OF PROFESSIONAL FUND RAISING. Code Chapter 35-10 Amended. Code Title 43, Chapter 17 Amended. No. 1270 (House Bill No. 1055). AN ACT To amend Code Chapter 35-10, relating to regulation of professional fund raising, so as to redefine the terms charitable organization and charitable purpose; to declare crimes and penalties; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 35-10, relating to regulation of professional fund raising, is amended by striking subsections (b) and (c) of Code Section 35-1001, which read as follows: (b) `Charitable organization' shall mean any benevolent, philanthropic, patriotic or eleemosynary (of, relating to or supported by charity or alms) person or one purporting to be such who solicits or obtains contributions solicited from the general public, any part of which is, or is purported to be, used for charitable purposes.

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(c) `Charitable purpose' means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, environment, civic, or public interest., and inserting in lieu thereof the following new subsections: (b) `Charitable organization' shall mean: (1) Any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and (2) Any person who or which falsely represents himself or itself to be a charitable organization as defined by paragraph (1) of this subsection. (c) `Charitable purpose' means: (1) Any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, environment, civic, or public interest; or (2) Any purpose which is falsely represented to be a charitable purpose, as defined by paragraph (1) of this subsection. Section 2. Said Code chapter is further amended by striking subsection (b) of Code Section 35-1018, which reads as follows: (b) Any person who violates the provisions of this Code Chapter shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor., and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) Except as provided in paragraph (2) of this subsection, any person who violates the provisions of this Code chapter shall be guilty of a misdemeanor. (2) Any person who solicits funds for a charitable organization as defined by paragraph (2) of subsection (b) of Code Section

Page 924

35-1001 or for a charitable purpose as defined by paragraph (2) of subsection (c) of Code Section 35-1001 without complying with the requirements of this Code chapter shall be guilty of a felony and punished by imprisonment for not less than one nor more than five years, by a fine of not less than $1,000.00 nor more than $5,000.00, or by both. However, in the discretion of the trial judge, a person violating this subsection may be sentenced as for a misdemeanor. Part 2 Section 3. Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to professional fund raisers and solicitors, is amended by striking paragraphs (2) and (3) of Code Section 43-17-1 and inserting in their place new paragraphs to read as follows: (2) (A) `Charitable organization' means any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or support by charity or alms) person, as that term is defined in this Code section who solicits or obtains contributions solicited from the general public, any part of which contributions are used for charitable purposes. (B) `Charitable organization' also means any person who or which falsely represents himself or itself to be a charitable organization as defined by subparagraph (A) of this paragraph. (3) (A) `Charitable purpose' means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, environment, civic, or public interest. (B) `Charitable purpose' also means any purpose which is falsely represented to be a charitable purpose as defined by subparagraph (A) of this paragraph. Section 4. Said chapter is further amended by striking Code Section 43-17-19 and inserting in its place a new Code section to read as follows: 43-17-19. (a) Except as provided in subsection (b), any person who violates this chapter shall be guilty of a misdemeanor.

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(b) Any person who solicits funds for a charitable organization as defined by subparagraph (B) of paragraph (2) of Code Section 43-17-1 or for a charitable purpose as defined by subparagraph (B) of paragraph (3) of Code Section 43-17-1 without complying with the requirements of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, by a fine of not less than $1,000.00 nor more than $5,000.00, or by both. However, in the discretion of the trial judge, a person violating this subsection may be sentenced as for a misdemeanor. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. SHERIFFS' RETIREMENT FUND OF GEORGIA ACT AMENDED. Code Section 47-16-26 Amended. No. 1271 (House Bill No. 1268). AN ACT To amend an Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended by

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an Act approved April 9, 1968 (Ga. L. 1968, p. 1203), an Act approved April 23, 1969 (Ga. L. 1969, p. 586), an Act approved March 31, 1972 (Ga. L. 1972, p. 705), an Act approved April 17, 1973 (Ga. L. 1973, p. 892), an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), an Act approved March 28, 1974 (Ga. L. 1974, p. 1191), an Act approved March 28, 1974 (Ga. L. 1974, p. 1194), an Act approved April 18, 1975 (Ga. L. 1975, p. 823), an Act approved April 18, 1975 (Ga. L. 1975, p. 830), an Act approved February 27, 1976 (Ga. L. 1976, p. 332), an Act approved March 23, 1977 (Ga. L. 1977, p. 645), an Act approved April 8, 1977 (Ga. L. 1977, p. 1291), an Act approved March 14, 1978 (Ga. L. 1978, p. 904), an Act approved April 3, 1978 (Ga. L. 1978, p. 1668), an Act approved April 3, 1978 (Ga. L. 1978, p. 1690), an Act approved April 13, 1979 (Ga. L. 1979, p. 994), an Act approved March 20, 1980 (Ga. L. 1980, p. 461), an Act approved March 20, 1980 (Ga. L. 1980, p. 768), an Act approved April 7, 1981 (Ga. L. 1981, p. 694), an Act approved April 9, 1981 (Ga. L. 1981, p. 918), an Act approved April 22, 1981 (Ga. L. 1981, p. 1853), and an Act approved April 22, 1981 (Ga. L. 1981, p. 1889), so as to provide that the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia may invest not more than 35 percent of the assets of the retirement fund in common stocks and equities; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 1203), an Act approved April 23, 1969 (Ga. L. 1969, p. 586), an Act approved March 31, 1972 (Ga. L. 1972, p. 705), an Act approved April 17, 1973 (Ga. L. 1973, p. 892), an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), an Act approved March 28, 1974 (Ga. L. 1974, p. 1191), an Act approved March 28, 1974 (Ga. L. 1974, p. 1194), an Act approved April 18, 1975 (Ga. L. 1975, p. 823), an Act approved April 18, 1975 (Ga. L. 1975, p. 830), an Act approved February 27, 1976 (Ga. L. 1976, p. 332), an Act approved March 23, 1977 (Ga. L. 1977, p. 645), an Act approved April

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8, 1977 (Ga. L. 1977, p. 1291), an Act approved March 14, 1978 (Ga. L. 1978, p. 904), an Act approved April 3, 1978 (Ga. L. 1978, p. 1668), an Act approved April 3, 1978 (Ga. L. 1978, p. 1690), an Act approved April 13, 1979 (Ga. L. 1979, p. 994), an Act approved March 20, 1980 (Ga. L. 1980, p. 461), an Act approved March 20, 1980 (Ga. L. 1980, p. 768), an Act approved April 7, 1981 (Ga. L. 1981, p. 694), an Act approved April 9, 1981 (Ga. L. 1981, p. 918), an Act approved April 22, 1981 (Ga. L. 1981, p. 1853), and an Act approved April 22, 1981 (Ga. L. 1981, p. 1889), is amended by changing the period at the end of Section 5 to a comma and adding the following: except that the Board may invest not more than 35 percent of the assets of the retirement fund in common stocks and equities., so that when so amended Section 5 shall read as follows: Section 5. Said Board shall have control of the funds provided for in this Act, and all funds received by said Board shall be deposited in a special account to the credit of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia. The benefits provided for in this Act and all administrative expenses shall be paid from said funds. Said Board shall have authority to expend the funds in accordance with the provisions of this Act and to invest the funds in any investments which are legal for domestic life insurance companies under the laws of this State, except that the Board may invest not more than 35 percent of the assets of the retirement fund in common stocks and equities. Part 2 Section 2. Code Section 47-16-26 of the Official Code of Georgia Annotated, relating to the power of the Board of Commissioners of the Sheriffs' Retirement Fund to control, invest, and expend funds, is amended by changing the period at the end of subsection (a) of said Code section to a comma and adding the following: except that the board may invest not more than 35 percent of the assets of the retirement fund in common stocks and equities., so that when so amended subsection (a) of Code Section 47-16-26 shall read as follows:

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(a) The board shall have control over the funds provided for in this chapter, authority to expend such funds in accordance with this chapter, and authority to invest the funds in investments which would be permissible for domestic life insurance companies under the laws of this state, except that the board may invest not more than 35 percent of the assets of the retirement fund in common stocks and equities. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. FINGERPRINTING OF CHILDREN. Code Sections 24A-3503, 15-11-60 Amended. No. 1272 (House Bill No. 1285). AN ACT To amend Code Section 24A-3503, relating to children's fingerprints and photographs, as amended, so as to provide that fingerprints of a child 13 or 14 years of age who is referred to the court may be taken and filed by law enforcement officers in investigating the

Page 929

commission of certain crimes; to provide that fingerprints of a child 15 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of certain crimes; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. Code Section 24A-3503, relating to children's fingerprints and photographs, as amended, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) No child under 13 years of age shall be fingerprinted in the investigation of a crime except as provided in this Section. Fingerprints of a child 13 or 14 years of age who is referred to the court may be taken and filed by law enforcement officers and fingerprints of a child 15 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of the following crimes: murder, voluntary manslaughter, involuntary manslaughter, rape, robbery, armed robbery, aggravated assault, aggravated battery, burglary, and motor vehicle theft (Code Section 26-1813). Part 2 Section 2. Code Section 15-11-60 of the Official Code of Georgia Annotated, relating to children's fingerprints and photographs, records of same, and the publication of names and pictures of children, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) No child under 13 years of age shall be fingerprinted in the investigation of a crime except as provided in this Code section. Fingerprints of a child 13 or 14 years of age who is referred to the court may be taken and filed by law enforcement officers and fingerprints of a child 15 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of the crimes of murder, voluntary manslaughter,

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involuntary manslaughter, rape, robbery, armed robbery, aggravated assault, aggravated battery, burglary, and motor vehicle theft (Code Section 16-8-17). Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. CLAIMS ADVISORY BOARD POWERS, DUTIES, ETC. Code Section 28-5-85 Enacted. No. 1273 (House Bill No. 1291). AN ACT To amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or departments or agencies thereof, so as to provide for the payment of certain claims against the state by the Claims Advisory Board; to provide procedures and requirements relative thereto; to provide for the waiver of the state's immunity in connection therewith; to provide for other matters relative to the foregoing; 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. Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or departments or agencies thereof, is amended by adding at the end of said Part 2 a new Code Section 28-5-85 to read as follows: 28-5-85. (a) Effective November 1, 1982, when the total amount of a claim against the state is $500.00 or less, the Claims Advisory Board shall be authorized to direct the state department or agency affected by the claim to pay the claimant such amount, not exceeding $500.00, as may be authorized by the Claims Advisory Board pursuant to the authority of this Code section. (b) If a citizen has a claim against the state subject to the provisions of this Code section, such person may file such claim with the Claims Advisory Board. The Claims Advisory Board shall promulgate rules or regulations governing the submission of claims pursuant to this Code section. Such rules or regulations shall be adopted under the provisions of Chapter 13 of Title 50 known as the `Georgia Administrative Procedure Act.' (c) When a claim subject to this Code section is filed with the Claims Advisory Board, said board shall notify the department or agency of the state government affected by such claim of the basis for such claim, and such notice shall include any information submitted by the claimant in support of such claim. Within 30 days after receiving such notification, it shall be the duty of such state department or agency to submit a report to the Claims Advisory Board setting forth the findings of such state department or agency relative to such claim. Said report may make a recommendation to the Claims Advisory Board relative to the payment of such claim, but such recommendation shall not be binding upon the Claims Advisory Board. (d) After reviewing and considering all information submitted by a claimant in support of the claim against the state and the report of the state department or agency affected by such claim, the Claims Advisory Board shall make a determination either to pay or reject such claim against the state. The Claims Advisory Board shall not be bound by the total amount claimed against the state and may authorize the payment of a lesser amount. If the Claims Advisory Board determines that the claim against the state is justified and that

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the amount of such claim, or a portion thereof, should be paid, it shall issue its order to the chief executive or administrative officer of the state department or agency affected by such claim ordering such officer, within 30 days after receipt of such order, to pay the claimant the amount specified by the Claims Advisory Board in its order. A copy of such order shall be mailed to the claimant. If the Claims Advisory Board determines that the claim against the state should be rejected, it shall notify the claimant of such rejection, and such notice shall explain the reasons for such rejection. A copy of such notice to the claimant shall be sent to the state department or agency affected by the claim. The decision of the Claims Advisory Board shall be final. (e) The Claims Advisory Board shall not authorize or direct the payment of any part of any claim under this Code section which is paid or payable by insurance. (f) Any payment made to a claimant pursuant to the authority of this Code section shall be in full and complete settlement of any claim against the state arising from the same occurrence, and each claimant, as a condition precedent to receiving payment pursuant to this Code section, shall acknowledge and agree to the requirements of this subsection pursuant to regulations adopted by the Claims Advisory Board for such purpose. (g) The provisions of this Code section shall apply to any claim against the state in the amount of $500.00 or less if the date of the occurrence giving rise to such claim was prior to November 1, 1982, if such claim has not been the subject of a compensation resolution introduced into the General Assembly prior to November 1, 1982. After November 1, 1982, the General Assembly shall not consider any compensation resolution for a claim against the state if the amount of the claim is $500.00 or less, and the provisions of this Code section shall be the exclusive method for making such claims against the state. (h) The General Assembly waives the immunity of the state for the purpose of authorizing the payment of claims against the state pursuant to the authority of this Code section. Section 2. This Act shall become effective on November 1, 1982.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. AFFIDAVITS OF INDIGENCE, ETC. Code Section 9-15-2 Amended. No. 1274 (House Bill No. 1327). AN ACT To amend Code Section 9-15-2 of the Official Code of Georgia Annotated, relating to affidavits of indigence, so as to provide that the court may inquire into the truth of the affidavit of indigence; to provide for the denial of the petition of indigence; 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 9-15-2 of the Official Code of Georgia Annotated, relating to affidavits of indigence, is amended by striking said Code section in its entirety and substituting in lieu thereof the following: 9-15-2. (a) (1) When any party, plaintiff or defendant, in any action or proceeding held in any court in this state is unable to pay any deposit, fee, or other cost which is normally required in the court, if the party shall subscribe an affidavit to the effect that because of his indigence he is unable to pay the costs, the party shall be relieved from paying the costs and his rights shall be the same as if he had paid the costs. (2) Any other party at interest or his agent or attorney may contest the truth of an affidavit of indigence by verifying affirmatively

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under oath that the same is untrue. The issue thereby formed shall be heard and determined by the court, under the rules of the court. The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final. (b) In the absence of a traverse affidavit contesting the truth of an affidavit of indigence, the court may inquire into the truth of the affidavit of indigence. After a hearing, the court may order the costs to be paid if it finds that the deposit, fee, or other cost can be paid and, if the cost are not paid within the time permitted in such order, may deny the relief sought. (c) The adjudication of the issue of indigence shall not affect a decision on the merits of the pending action. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. BOARDS OF EDUCATION COMPENSATION IN CERTAIN COUNTIES (34,000 - 34,500). Code Section 20-2-55 Repealed. No. 1276 (House Bill No. 1877). AN ACT To repeal an Act fixing the compensation of members of boards of education in counties having a population of not less than 34,000 and not more than 34,500, approved April 6, 1981 (Ga. L. 1981, p. 529); to amend the Official Code of Georgia Annotated accordingly; to provide for construction with other Acts; to provide effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act fixing the compensation of members of boards of education in counties having a population of not less than 34,000 and not more than 34,500, approved April 6, 1981 (Ga. L. 1981, p. 529), is repealed in its entirety. Part 2 Section 2. Code Section 20-2-55 of the Official Code of Georgia Annotated is amended by replacing subsection (b), which reads as follows: (b) Any other provision of this Code section to the contrary notwithstanding, in all counties of this state having a population of not less than 34,000 and not more than 34,500 according to the United States decennial census of 1970 or any future such census, each member of the county board of education shall receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside of the state as a member of a committee of the board on official business after first being so authorized by a majority of the board, plus reimbursement for actual expenses incurred in connection therewith., with the following: (b) Reserved. Part 3 Section 3. In the event of any conflict between this Act and any other Act of the 1982 General Assembly which amends rather than repeals the provisions of law repealed by this Act, the provisions of such other Act shall govern over this Act. Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982.

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(c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. PUBLIC REVENUE TAX DUE DATES IN CERTAIN COUNTIES (250,000 - 400,000). Code Section 48-5-24 Amended. No. 1280 (House Bill No. 1926). AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide that in all counties having a population of not less than 250,000 nor more than 400,000 according to the United States decennial census of 1980 or any future such census the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year; to provide for penalties; to provide for interest on unpaid taxes and penalties; to provide for the collection of taxes, penalties, and interest in such counties; to provide for construction; 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. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by adding at the end of Code Section 48-5-24 a new subsection, to be designated subsection (e), to read as follows:

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(e) In all counties having a population of not less than 250,000 nor more than 400,000 according to the United States decennial census of 1980 or any future such census, the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year. A penalty of 5 percent of the tax due shall accrue on taxes not paid on or before October 15 of each year, and interest shall accrue at the rate specified in Code Section 48-2-40 on the total amount of unpaid taxes and penalty until both the taxes and the penalty are paid. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Nothing contained in this Code section shall be construed to impose any liability for the payment of any ad valorem taxes upon any person for property which was not owned on January 1 of the applicable tax year. Section 2. This Act shall become effective November 1, 1982, and shall apply to all taxable years beginning on or after January 1, 1983. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GEORGIA HEALTH CODE ALCOHOLIC OR DRUG DEPENDENT INDIVIDUALS, ETC. Code Title 88 Amended. Code Title 37 Amended. No. 1287 (House Bill No. 1274). AN ACT To amend Code Chapter 88, relating to public health, as amended, so as to change the provisions relating to restraints and abuses with respect to alcoholic or drug dependent individuals or mentally ill

Page 938

persons; to change the provisions relating to examinations in emergency receiving facilities; to provide that physicians who have previously executed certificates for patients shall not be prohibited from executing subsequent certificates for the same patient or other patients committed under Code Chapters 88-4 or 88-5; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. Code Chapter 88, relating to public health, as amended, is amended by striking Code Section 88-402.5 in its entirety and inserting in lieu thereof a new Code Section 88-402.5 to read as follows: 88-402.5. Restraints and abuses. (a) Mistreatment, neglect, or abuse in any form of any patient is prohibited. Medication in quantities that interfere with the patient's treatment program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effective treatment and protecting the safety of the patient and other persons. (b) Physical restraints shall not be applied unless it is determined by an attending physician to be absolutely necessary to prevent a patient from seriously injuring himself or others and is required by his medical needs. Such determination shall expire after 24 hours. An attending physician must then make a new determination before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such entry or a summary of such entry shall be forwarded to the chief medical officer for review. A patient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. When the application of a restraint is necessary in emergency situations to protect the patient from immediate injury to himself or to others, restraints may be authorized by attending staff 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.

Page 939

(c) 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 patient's physical condition or for supportive or corrective needs of the patient, shall not be considered physical restraints. However, devices used in such situations must be authorized and applied in compliance with the facility's policies and procedures. The use of such devices shall be a part of the patient's individualized treatment plan. Section 2. Said Code chapter is further amended by striking in its entirety Code Section 88-404.4 and inserting in lieu thereof a new Code Section 88-404.4 to read as follows: 88-404.4. Examination in emergency receiving facility. A patient who is received by an emergency receiving facility shall be examined by a physician as soon thereafter as possible, but in any event within 24 hours, and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 24 hours of his admission unless the examining physician concludes that there is reason to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and executes a certificate to that effect within 24 hours of the patient's admission to the emergency receiving facility. Nothing in this Chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this Chapter from executing any other certificate provided for herein for the same or any other patient. Within 24 hours of the execution of the physician's certificate, the patient shall be transported, as provided in Section 88-402.17, to an evaluating facility where he shall be received under the provisions of Section 88-405.4. Section 3. Said Code chapter is further amended by striking in its entirety subsection (a) of Code Section 88-406.2 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The patient may be detained at a facility beyond the evaluation period, unless voluntary hospitalization is sought pursuant to paragraphs (1) or (2) of Section 88-405.5(a), only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under provisions of Sections 88-405.1 through 88-405.7, supported by the opinions of two physicians, who have personally examined the patient within the preceding five days, that the patient is an alcoholic, a drug dependent individual, or

Page 940

a drug abuser requiring involuntary treatment. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed, along with a petition for a hearing, in the court of the county in which the patient is being detained for evaluation. Nothing in this Chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this Chapter from executing a certificate provided for in this section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Section 88-405.4. Such filing shall authorize the patient to be retained by the facility pending completion of a full and fair hearing under this Section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by: (1) a notice that a hearing will be held and the time and place thereof; (2) a notice that the patient has a right to counsel and that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel and that the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel; (3) a copy of the individualized treatment plan developed by the facility under this Chapter 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; (4) a notice that the patient has a right to be examined by a physician of his own choice at his own expense and to have that physician submit a suggested treatment plan for the patient which conforms with the requirements of Section 88-401(x); and (5) a notice that the patient may waive in writing the hearing described in subsection (c) of this Section.

Page 941

Section 4. Said Code chapter is further amended by striking Code Section 88-502.5 in its entirety and inserting in lieu thereof a new Code Section 88-502.5 to read as follows: 88-502.5. Restraints and abuses. (a) Mistreatment, neglect, or abuse in any form of any patient is prohibited. Medication in quantities that interfere with the patient's treatment program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effective treatment and protecting the safety of the patient and other persons. (b) Physical restraints shall not be applied unless it is determined by an attending physician to be absolutely necessary to prevent a patient from seriously injuring himself or others and is required by his medical needs. Such determination shall expire after 24 hours. An attending physician must then make a new determination before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such entry or a summary of such entries shall be forwarded to the chief medical officer for review. A patient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. When the application of a restraint is necessary in emergency situations to protect the patient from immediate injury to himself or to others, restraints may be authorized by attending staff 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) 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 patient's physical condition or for supportive or corrective needs of the patient, shall not be considered physical restraints. However, devices used in such situations must be authorized and applied in compliance with the facility's policies and procedures. The use of such devices shall be a part of the patient's individualized treatment plan. Section 5. Said Code chapter is further amended by striking Code Section 88-504.4 in its entirety and inserting in lieu thereof a new Code Section 88-504.4 to read as follows:

Page 942

88-504.4. Examination in emergency receiving facility. A patient who is received by an emergency receiving facility shall be examined by a physician as soon thereafter as possible, but in any event within 24 hours, and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 24 hours of his admission unless the examining physician concludes that there is reason to believe that the patient may be a mentally ill person requiring involuntary treatment and executes a certificate to that effect within 24 hours of the patient's admission to emergency receiving facility. Nothing in this Chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this Chapter from executing any other certificate provided for herein for the same or any other patient. Within 24 hours of the execution of the physician's certificate, the patient shall be transported, as provided in Section 88-502.17, to an evaluating facility where he shall be received under the provisions of Section 88-505.4. Section 6. Said Code chapter is further amended by striking in its entirety subsection (a) of Code Section 88-506.2 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The patient may be detained at a facility beyond the evaluation period, unless voluntary hospitalization is sought pursuant to paragraphs (1) or (2) of Section 88-505.5(a), only upon the recommendation of the chief medical officer of an avaluating facility where the patient has been examined under provisions of Sections 88-505.1 through 88-505.7, supported by the opinions of two physicians, who have personally examined the patient within the preceding five days, that the patient is a mentally ill person requiring involuntary treatment. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed, along with a petition for a hearing, in the court of the county in which the patient is being detained for evaluation. Nothing in this Chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this Chapter from executing a certificate provided for in this section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Section 88-505.4. Such filing shall authorize the patient to be retained by the facility pending completion of a full and fair hearing under this Section. Copies of the

Page 943

certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by: (1) a notice that a hearing will be held and the time and place thereof; (2) a notice that the patient has a right to counsel and that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel and that the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel; (3) a copy of the individualized service plan developed by the facility under this Chapter 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; (4) a notice that the patient has a right to be examined by a physician of his own choice at his own expense and to have that physician submit a suggested service plan for the patient which conforms with the requirements of Section 88-501(w); and (5) a notice that the patient may waive in writing the hearing described in subsection (c) of this Section. Part 2 Section 7. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking in its entirety subsection (a) of Code Section 37-3-43 and inserting in lieu thereof a new subsection (a) to read as follows: (a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 24 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 24 hours of his admission unless:

Page 944

(1) The examining physician concludes that there is reason to believe that the patient may be a mentally ill person requiring involuntary treatment and executes a certificate to that effect within such time; or (2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be required to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to subsection (c) of this Code section and such patient may only be released from the facility into such custody. Nothing in this chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for herein for the same or any other patient. Section 8. Said title is further amended by striking in its entirety subsection (a) of Code Section 37-3-81 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under Code Section 37-3-20 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is supported by the opinions of two physicians who have personally examined the patient within the preceding five days and who agree that the patient is a mentally ill person requiring involuntary treatment. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-3-63. Such filing shall authorize detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies

Page 945

of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by: (1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel; (3) A copy of the individualized 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; (4) A notice that the patient has a right to be examined by a physician of his own choice at his own expense and to have that physician submit a suggested service plan for the patient which conforms with the requirements of paragraph (9) of Code Section 37-3-1; and (5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section. Section 9. Said title is further amended by striking in its entirety Code Section 37-3-165 and inserting in lieu thereof a new Code Section 37-3-165 to read as follows: 37-3-165. (a) Mistreatment, neglect, or abuse in any form of any patient is prohibited. Medication in quantities that interfere with the patient's treatment program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effective treatment and protecting the safety of the patient and other persons. (b) Physical restraints shall not be applied unless they are determined by an attending physician to be absolutely necessary in

Page 946

order to prevent a patient from seriously injuring himself or others and are required by the patient's medical needs. Such determination shall expire after 24 hours. An attending physician must then make a new determination before the restraint may be continued. Every use of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such entry or a summary of such entries shall be forwarded to the chief medical officer for review. A patient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. When the application of a restraint is necessary in emergency situations to protect the patient from immediate injury to himself or to others, restraints may be authorized by attending staff 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) For the purposes of this Code section, those devices which restrain movement, but are applied for protection from accidental injury or required for the medical treatment of the patient's physical condition or for supportive or corrective needs of the patient, shall not be considered physical restraints. However, devices used in such situations must be authorized and applied in compliance with the facility's policies and procedures. The use of such devices shall be a part of the patient's individualized service plan. Section 10. Said title is further amended by striking in its entirety subsection (a) of Code Section 37-7-43 and inserting in lieu thereof a new subsection (a) to read as follows: (a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 24 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be released within 24 hours of his admission unless: (1) The examining physician concludes that there is reason to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and executes a certificate to that effect within such time; or

Page 947

(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case a peace officer from the law enforcement agency originally having custody of the patient shall be required to assume physical custody of such patient within five days after the mailing of notification to the agency pursuant to subsection (c) of this Code section and such patient may only be released from the facility into such custody. Nothing in this chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for herein for the same or any other patient. Section 11. Said title is further amended by striking in its entirety subsection (a) of Code Section 37-7-81 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under Code Section 37-7-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of Article 3 of this chapter, which recommendation is supported by the opinions of two physicians who have personally examined the patient within the preceding five days and who agree that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-7-63. Such filing shall authorize the detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:

Page 948

(1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel; (3) A copy of the individualized treatment plan developed by the facility under this chapter 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; (4) A notice that the patient has a right to be examined by a physician of his own choice at his own expense and to have that physician submit a suggested treatment plan for the patient which conforms with the requirements of paragraph (14) of Code Section 37-7-1; and (5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section. Section 12. Said title is further amended by striking Code Section 37-7-165 in its entirety and inserting in lieu thereof a new Code Section 37-7-165 to read as follows: 37-7-165. (a) Mistreatment, neglect, or abuse in any form of any patient is prohibited. Medication in quantities that interfere with the patient's treatment program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effective treatment and protecting the safety of the patient and other persons. (b) Physical restraints shall not be applied unless they are determined by an attending physician to be absolutely necessary in order to prevent a patient from seriously injuring himself or others and are required by the patient's 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

Page 949

of a restraint and the reasons therefor shall be made a part of the clinical record of the patient. A copy of each such entry or a summary of such entry shall be forwarded to the chief medical officer for review. A patient placed in physical restraint shall be checked at least every 30 minutes by staff trained in the use of restraints and a written record of such checks shall be made. When the application of a restraint is necessary in emergency situations to protect the patient from immediate injury to himself or to others, restraints may be authorized by attending staff 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) For the purposes of this Code section, those devices which restrain movement, but are applied for protection from accidental injury or required for the medical treatment of the patient's physical condition or for supportive or corrective needs of the patient, shall not be considered physical restraints. However, devices used in such situations must be authorized and applied in compliance with the facility's policies and procedures. The use of such devices shall be a part of the patient's individualized treatment plan. Part 3 Section 13. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 14. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

Page 950

SURNAMES USED AFTER MARRIAGE. Code Sections 53-202.1, 19-3-33.1 Enacted. No. 1288 (House Bill No. 1281). AN ACT To amend Code Chapter 53-2, relating to marriage licenses, so as to provide for the determination of legal surnames which will be used after marriage; to provide for other matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 53-2, relating to marriage licenses, is amended by adding between Code Sections 53-202 and 53-203 a new Code Section 53-202.1 to read as follows: 53-202.1. Determination of legal surname. (a) The form for application for marriage licenses shall be designed and printed in such a manner that applicants therefor shall designate the surnames which will be used as their legal surnames after the marriage is consummated. The legal surnames shall be designated as provided in subsection (b) of this Code section. (b) A spouse may use as a legal surname his or her: (1) Given surname or, in the event the given surname has been changed as provided in Code Chapter 79-5, the surname so changed; (2) Spouse's surname; or (3) Surname as provided in paragraph (1) of this subsection in conjunction with the surname of the other spouse.

Page 951

Part 2 Section 2. Article 2 of Chapter 3 of Title 19, relating to the marriage license and ceremony, is amended by adding between Code Sections 19-3-33 and 19-3-34 a new Code Section 19-3-33.1 to read as follows: 19-3-33.1. (a) The form for application for marriage licenses shall be designed and printed in such a manner that applicants therefor shall designate the surnames which will be used as their legal surnames after the marriage is consummated. The legal surnames shall be designated as provided in subsection (b) of this Code section. (b) A spouse may use as a legal surname his or her: (1) Given surname or, in the event the given surname has been changed as provided in Chapter 12 of this title, the surname so changed; (2) Spouse's surname; or (3) Surname as provided in paragraph (1) of this subsection in conjunction with the surname of the other spouse. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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GEORGIA CRIME INFORMATION CENTER DUTIES, FUNCTIONS, ETC. Code Sections 35-3-30, 35-3-33 Amended. No. 1289 (House Bill No. 1284). AN ACT To amend an Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. L. 1973, p. 1301), as amended, so as to define the term career criminal; to change the provisions relating to the duties and functions of the Georgia Crime Information Center; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act providing for the establishment of the Georgia Crime Information Center, approved April 19, 1973 (Ga. L. 1973, p. 1301), as amended, is amended by adding at the end of Section 1 a new subsection, to be designated subsection (f), to read as follows: (f) `Career criminal' means any person who has been previously convicted three times under the laws of this state of felonies or under the laws of any other state or the United States of crimes which would be felonies if committed within this state. Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows: (a) Obtain and file fingerprints, descriptions, photographs, and any other pertinent identifying data on persons who: (1) have been or are hereafter arrested or taken into custody in this State:

Page 953

(i) for an offense which is a felony; (ii) for an offense which is a misdemeanor or a violation of an ordinance involving burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, dangerous drugs, marijuana, narcotics, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worthless checks; (iii) for an offense charged as disorderly conduct but which relates to an act connected with one or more of the offenses under subparagraph (ii); (iv) as a fugitive from justice; (v) for any other offense designated by the Attorney General; or (2) are or become well-known, career criminals, or habitual offenders, or (3) are currently or become confined to any prison, penitentiary or other penal institution, or (4) are unidentified human corpses found in this State. Part 2 Section 3. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding at the end of Code Section 35-3-30 a new paragraph, to be designated paragraph (8), to read as follows: (8) `Career criminal' means any person who has been previously convicted three times under the laws of this state of felonies or under the laws of any other state or the United States of crimes which would be felonies if committed within this state. Section 4. Said chapter is further amended by striking in its entirety paragraph (1) of Code Section 35-3-33 and inserting in lieu thereof a new paragraph (1) to read as follows:

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(1) Obtain and file fingerprints, descriptions, photographs, and any other pertinent identifying data on persons who: (A) Have been or are hereafter arrested or taken into custody in this state: (i) For an offense which is a felony; (ii) For an offense which is a misdemeanor or a violation of an ordinance involving burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, dangerous drugs, marijuana, narcotics, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worthless checks; (iii) For an offense charged as disorderly conduct but which relates to an act connected with one or more of the offenses under division (ii) of this subparagraph; (iv) As a fugitive from justice; or (v) For any other offense designated by the Attorney General; (B) Are or become well-known, career criminals, or habitual offenders; (C) Are currently or become confined to any prison, penitentiary, or other penal institution; or (D) Are unidentified human corpses found in this state. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982.

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(c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. MUTUAL AID RESOURCE PACTS FOR FIRE PROTECTION ACT AMENDED. Code Sections 25-6-1, 25-6-2, 25-6-3, 25-6-7, 25-6-8 Amended. No. 1290 (House Bill No. 1292). AN ACT To amend an Act relating to mutual aid resource pacts for fire protection, approved March 24, 1976 (Ga. L. 1976, p. 742), so as to change the definition of political subdivisions which are eligible to participate in such pacts; to change the number of political subdivisions which may create such pacts; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act relating to mutual aid resource pacts for fire protection, approved March 24, 1976 (Ga. L. 1976, p. 742), is amended by striking from Sections 1, 4, and 8 the word five wherever it appears and inserting in its place the word two, so that all provisions which formerly required the participation of five or more political subdivisions in a pact shall require participation of only two or more subdivisions.

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Section 2. Said Act is further amended by striking Section 2 and inserting in its place a new section to read as follows: Section 2. Definition. For the purposes of this Act, the term `jurisdiction' is defined as a Federal agency, state agency, local governmental subdivision of this State or an adjoining state, or industrial or private organizations which have established fire fighting departments that are responsible for fire protection services within the area under the control, supervision and/or management of the specific `jurisdiction'. A `jurisdiction' may be one of the following, but is not limited to the following: towns, cities, counties outside corporate limits, industrial complexes, specific fire protection areas, military bases, private fire departments, volunteer fire departments, etc. Section 3. Said Act is further amended by striking Section 7 and inserting in its place a new section to read as follows: Section 7. Joining and Withdrawal. Following the initial establishment of a M.A.R.P., in accordance with procedures established in the bylaws of the M.A.R.P., jurisdictions which do not have fire departments may join an established M.A.R.P. upon meeting such conditions as the Board of Directors may fix. A member jurisdiction may withdraw from a M.A.R.P. after a vote of its governing body and within not less than ninety (90) days after delivering written notice to an officer of the M.A.R.P. In the event the withdrawal of one or more jurisdictions reduces the number of members but two or more members remain, it is intended that the remaining members should continue with the operation of the M.A.R.P. Part 2 Section 4. Chapter 6 of Title 25 of the Official Code of Georgia Annotated is amended by striking Code Sections 25-6-1 and 25-6-2 and inserting in their place new Code sections to read as follows: 25-6-1. For the purposes of this chapter, the term `jurisdiction' means a federal agency, a state agency, a local governmental subdivision of this state or an adjoining state, or an industrial or private organization which has established a fire-fighting department that is responsible for fire protection services within the area under the control, supervision, or management of the specific `jurisdiction.' A `jurisdiction' may be one of the following, but is not limited to the

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following: towns, cities, counties outside corporate limits, industrial complexes, specific fire protection areas, military bases, private fire departments, volunteer fire departments, and the like. 25-6-2. Whenever two or more jurisdictions, as defined by Code Section 25-6-1, within or adjacent to this state, by written resolution authorize their respective fire departments to render aid and assistance in the extinguishment of fires or other immediate response emergencies outside of their respective jurisdictions, they may, if they so desire, form a district mutual aid system or pact, which shall be a public corporation. It is the primary intent that such system or pact be established for fire emergencies; however, due to the diverse emergency services expected of fire departments, mutual aid systems or pacts may include responses for any form of immediate response emergency as specified by members of the system or pact. Members of fire departments of member jurisdictions shall be considered as officers of a public municipal corporation and shall enjoy the privileges, rights, exemptions, immunities, and duties of such; and this shall apply to paid, volunteer, or private members when responding to or returning from rendering aid in an emergency under a mutual aid system or a pact. As used in this chapter, `pact' means a mutual aid resource pact. Section 5. Said chapter is further amended by striking subsection (a) of Code Section 25-6-3 and inserting in its place a new subsection to read as follows: (a) When two or more jurisdictions desire to establish a pact, each jurisdiction shall designate its fire chief or person or position in charge of its fire department to act for that jurisdiction on all matters relating to the activities and functions of the pact, once it has been established. The jurisdiction shall designate the person or position and its intent to be a member of a pact by a written resolution. The resolutions shall be forwarded to the state fire marshal. Upon receipt of at least two resolutions, the state fire marshal or his authorized representative shall call the first organizational meeting of the system by giving notice to all persons designated by the resolutions to act for potential member jurisdictions. Each jurisdiction shall send its designated person or his authorized representative to the organizational and subsequent meetings. Such person shall be entitled to one vote in all proceedings.

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Section 6. Said chapter is further amended by striking subsection (b) of Code Section 25-6-7 and inserting in its place a new subsection to read as follows: (b) Not less than 90 days after delivering written notice to an officer of the pact, a member jurisdiction may withdraw from a pact after a vote of its governing body. In the event the withdrawal of one or more jurisdictions reduces the number of members but two or more members remain, it is intended that the remaining members should continue with the operation of the pact. Section 7. Said chapter is further amended by striking subsection (b) of Code Section 25-6-8 and inserting in its place a new subsection to read as follows: (b) If a nonmember jurisdiction is located within the boundaries of an established pact, it must become a part of that pact should it desire to participate in mutual aid activities. If a county or counties without member jurisdictions are encircled by counties having members of a common pact, the jurisdictions in such county or counties must join the pact should they desire to participate in mutual aid activities. If a county which has no member jurisdictions borders with counties having members of different pacts, the jurisdictions within the county which desire to participate in mutual aid activities must: (1) Join with one of the bordering pact counties, provided that jurisdictions in the same county shall not be permitted to become members of different pacts; or (2) Organize a pact, provided two or more jurisdictions are involved, as set forth in Code Section 25-6-2. Part 3 Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GEORGIA POST-MORTEM EXAMINATION ACT AMENDED. Code Section 45-16-46 Amended. No. 1291 (House Bill No. 1299). AN ACT To amend the Georgia Post-Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 561), so as to authorize other persons than the medical examiner or a person designated by him to draw blood to test for intoxicating substances; to provide for immunity from liability; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. The Georgia Post-Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 561), is amended by striking Section 28 thereof and inserting in its place a new Section 28 to read as follows: Section 28. When any person has been admitted to a hospital or morgue as a result of any casualty and for any reason whatsoever is unable to give his consent to the taking of a sample of blood for

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analytical purposes, the peace officer in charge of the investigation of the circumstances surrounding the casualty may notify a medical examiner for the purpose of obtaining a blood sample to test for the presence of intoxicating substances. The blood may be drawn by the medical examiner or at his direction. The medical examiner or his designee shall be entitled to a fee of ten dollars ($10.00) for performing these services and shall be paid in the same manner as hereinbefore set out. The peace officer may also request any licensed physician, registered nurse, or a medical or laboratory technician who draws blood from patients as part of his regular duties to withdraw blood for purposes of this Section, in which event such person shall incur no civil or criminal liability as a result of the medically proper obtaining of such blood when requested in writing by the peace officer. The blood specimen so taken shall be submitted to the Crime Laboratory for analysis by the medical examiner or the peace officer in charge, and a certified report submitted by the laboratory to the submitting officer. Part 2 Section 2. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to post-mortem examinations, is amended by striking Code Section 45-16-46 and inserting in its place a new Code Section 45-16-46 to read as follows: 45-16-46. When any person has been admitted to a hospital or morgue as a result of any casualty and for any reason whatsoever is unable to give his consent to the taking of a sample of blood for analytical purposes, the peace officer in charge of the investigation of the circumstances surrounding the casualty may notify a medical examiner for the purpose of obtaining a blood sample to test for the presence of intoxicating substances. The blood may be drawn by the medical examiner or at his direction. The medical examiner or his designee shall be entitled to a fee of $10.00 for performing these services, which fee shall be paid in the same manner as set out in Code Section 45-16-22. The peace officer may also request any licensed physician, registered nurse, or a medical or laboratory technician who draws blood from patients as part of his regular duties to withdraw blood for purposes of this Code section, in which event such person shall incur no civil or criminal liability as a result of the medically proper obtaining of such blood when requested in writing by the peace officer. The medical examiner or the peace officer in charge shall submit the blood specimens to the division for analysis; and a

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certified report shall be submitted by the division to the submitting officer. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT AMENDED. Code Section 47-10-40 Amended. No. 1292 (House Bill No. 1300). AN ACT To amend the Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. L. 1968, p. 259), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 1361), so as to authorize certain members of the fund and local retirement plans to withdraw from membership in either the state fund or the local retirement plan and withdraw their contributions; to provide that members so withdrawing shall not thereafter be eligible for membership; to amend the Official Code of Georgia Annotated accordingly; to

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provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. The Trial Judges and Solicitors Retirement Fund Act, approved March 11, 1968 (Ga. L. 1968, p. 259), as amended, particularly by an Act approved April 1, 1980 (Ga. L. 1980, p. 1361), is amended by adding at the end of Section 8 a new subsection (g) to read as follows: (g) Any person who is a member of the Trial Judges and Solicitors Retirement Fund who by law is also required to participate in a county retirement plan may elect to terminate his or her membership in the Trial Judges and Solicitors Retirement Fund or terminate his or her membership in the county retirement plan upon giving written notice to the retirement board or governing authority of the respective retirement plan affected. Upon withdrawal as a member of the Trial Judges and Solicitors Retirement Fund, he or she shall be paid the total sum paid into the fund with interest at the rate of 6 percent per annum. Upon withdrawal as a member of the county retirement plan, he or she shall be paid those sums provided to be paid by the laws, rules, and regulations governing withdrawals from that plan. A person who withdraws from the fund or a retirement plan as provided in this subsection (g) shall not thereafter be eligible for membership in the fund or the retirement plan from which such person withdraws. Part 2 Section 2. Code Section 47-10-40, relating to membership in the Trial Judges and Solicitors Retirement Fund, is amended by adding at the end of the Code section a new subsection (f) to read as follows: (f) Any person who is a member of the Trial Judges and Solicitors Retirement Fund who by law is also required to participate in a county retirement plan may elect to terminate his or her membership in the Trial Judges and Solicitors Retirement Fund or

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terminate his or her membership in the county retirement plan upon giving written notice to the retirement board or governing authority of the respective retirement plan affected. Upon withdrawal as a member of the Trial Judges and Solicitors Retirement Fund, he or she shall be paid the total sum paid into the fund with interest at the rate of 6 percent per annum. Upon withdrawal as a member of the county retirement plan, he or she shall be paid those sums provided to be paid by the laws, rules, and regulations governing withdrawals from that plan. A person who withdraws from the fund or a retirement plan as provided in this subsection (f) shall not thereafter be eligible for membership in the fund or the retirement plan from which such person withdraws. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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MOTOR VEHICLE PURCHASE OF LICENSE PLATES BY MAIL. Code Section 40-2-28 Amended. No. 1293 (House Bill No. 1307). AN ACT To amend Code Section 40-2-28 of the Official Code of Georgia Annotated, relating to the purchase of license plates and revalidation stickers by mail, so as to change the amount of the additional 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 40-2-28 of the Official Code of Georgia Annotated, relating to the purchase of license plates and revalidation stickers by mail, is amended by striking Code Section 40-2-28 in its entirety and inserting in lieu thereof a new Code Section 40-2-28 to read as follows: 40-2-28. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his residence along with a money order in the amount of the license fee and all ad valorem taxes due thereon plus an additional fee of $1.00. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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TEACHERS' RETIREMENT SYSTEM ACT AMENDED. Code Sections 47-3-1, 47-3-63, 47-4-40 Amended. No. 1294 (House Bill No. 1321). AN ACT To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System, so as to change the provisions relative to the definition of a teacher; to change the provisions relating to certain members of the Public School Employees Retirement System becoming members of the Teachers Retirement System; to amend Code Section 47-4-40 of the Official Code of Georgia Annotated, relating to membership in the Public School Employees Retirement System, so as to change the provisions relating to the option of certain members to transfer to the Teachers Retirement System; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System, is amended by striking subparagraph (E) of paragraph (28) of Code Section 47-3-1 in its entirety and substituting in lieu thereof a new subparagraph (E) to read as follows: (E) Full-time public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors, full-time public school transportation managers or supervisors, and full-time public school warehouse managers or supervisors, upon electing to participate in the retirement system pursuant to Code Section 47-3-63;. Section 2. Said Chapter 3 is further amended by striking Code Section 47-3-63 in its entirety and substituting in lieu thereof a new Code Section 47-3-63 to read as follows: 47-3-63. (a) In accordance with Code Section 47-4-40, full-time public school lunchroom, maintenance, or warehouse managers or supervisors or full-time public school transportation managers or

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supervisors may elect to become members of the Teachers Retirement System of Georgia. Any such personnel exercising such option shall begin making the employee contributions required by this chapter. (b) Members (1) who were previously eligible for membership in the Public School Employees Retirement System and whose duties were or have been changed in such a manner so as to have made them eligible for membership in the Teachers Retirement System of Georgia and (2) any personnel specified in subsection (a) of this Code section who elect to become members of the Teachers Retirement System of Georgia shall be permitted to establish credit for service rendered in a public school system prior to the date such employees become or became members of the Teachers Retirement System of Georgia, provided that such service would be or would have been normally allowable as creditable service under the Public School Employees Retirement System; provided, further, that such members must pay the employee contributions on the salary earned by such members during the years of service sought to be so established, plus applicable accrued regular interest compounded annually to the dates of payment at the rates adopted by the board of trustees. Such members or the local boards of education by which the members are employed at the time the service is established shall pay the employer contributions on the earnable compensation of such members that would have been paid to the Teachers Retirement System of Georgia, plus applicable accrued regular interest compounded annually to the dates of payment at the rates adopted by the board of trustees. The State of Georgia shall be the employer of personnel specified in subsection (a) of this Code section for the purposes of employer contributions on membership service rendered by such members after they become members of the Teachers Retirement System of Georgia. Section 3. Code Section 47-4-40 of the Official Code of Georgia Annotated, relating to membership in the Public School Employees Retirement System, is amended by striking subsection (d) in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Full-time public school lunchroom, maintenance, or warehouse managers or supervisors, or full-time public school transportation managers or supervisors shall have the option of becoming members of the Teachers Retirement System of Georgia, in accordance

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with Code Section 47-3-63. Any of such personnel who have heretofore exercised said option or who hereafter exercise said option who have or had ten or more years of creditable service under this chapter may withdraw their accumulated contributions from the fund and upon withdrawing such contributions, such personnel shall cease to be members of the retirement system. Said personnel may elect to allow their accumulated contributions to remain in the fund, and such personnel shall retain the vested rights established by Code Section 47-4-100. Upon exercising such option, however, any such personnel shall cease making contributions to the retirement system, and no additional creditable service shall be allowed under the retirement system. Any such person who elects such option and who has less than ten years of creditable service under this chapter shall withdraw the person's accumulated contributions from the fund and, upon exercising such option, such personnel shall cease to be members of the retirement system. Any person subject to this subsection who becomes employed on or after November 1, 1982, shall have the option, which must be exercised within 30 days after becoming employed, of becoming a member of this retirement system or of becoming a member of the Teachers Retirement System of Georgia. No such person shall be a member of both such retirement systems under any circumstances. Such option shall be exercised by notification, in writing, to the respective boards of trustees of such retirement systems. It shall be the duty and responsibility of local units of administration to notify their respective employees and persons who become employed in the future and who are subject to this subsection of the options provided for in this subsection and to furnish such employees appropriate forms for the exercise of such options. Section 4. This Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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CONTRIBUTING TO DELINQUENCY, ETC. OF MINORS. Code Section 16-12-1 Amended. No. 1295 (House Bill No. 1323). AN ACT To amend Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to contributing to the delinquency of a minor, so as to make contributing to the delinquency, unruliness, or deprivation of a minor unlawful; to provide definitions; to prohibit a certain defense; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 16-12-1 of the Official Code of Georgia Annotated, relating to contributing to the delinquency of a minor, is amended by striking in its entirety said Code section, which reads as follows: 16-12-1. When any parent, guardian, or person having the custody, control, or supervision of any delinquent or neglected child, or any other person has knowingly and willfully encouraged, aided, caused, abetted, or connived at such state of delinquency or neglect or has willfully done any act or acts which he knew or should have known would produce, promote, or contribute to or tend to produce, promote, or contribute to the conditions which render such a child delinquent or neglected, such parent, guardian, or other person shall be guilty of a misdemeanor., and inserting in lieu thereof a new Code Section 16-12-1 to read as follows: 16-12-1. (a) As used in this Code section, the term: (1) `Conviction' means a finding of guilt, an entering of a plea of guilty, or an entering of a plea of nolo contendere. (2) `Minor' means any individual who is under the age of 17 years or any individual under the age of 18 years who is alleged to

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be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings. (b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when: (1) He knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (2) He knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; or (3) He willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings. (c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have committed a delinquent act or has not been found to be unruly or deprived. (d) A person convicted of the offense of contributing to the delinquency, unruliness, or deprivation of a minor shall be punished as follows: (1) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned; (2) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than one year, or both fined and imprisoned; and (3) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for

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not less than one year nor more than three years, or both fined and imprisoned. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. CRIMES KIDNAPPING, INTERFERENCE WITH CUSTODY, ETC. Code Sections 16-5-40, 16-5-45 Amended. No. 1296 (House Bill No. 1324). AN ACT To amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and other related offenses, so as to repeal a subsection of the Code section relating to the offense of kidnapping which makes it unlawful for certain persons to take certain action relative to individuals under the age of 16 years; to make interference with custody and interstate interference with custody unlawful; to provide definitions; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and other related offenses, is amended by striking Code Section 16-5-40 in its entirety and inserting in lieu thereof a new Code Section 16-5-40 to read as follows:

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16-5-40. (a) A person commits the offense of kidnapping when he abducts or steals away any person without lawful authority or warrant and holds such person against his will. (b) A person convicted of the offense of kidnapping shall be punished by imprisonment for not less than one nor more than 20 years, provided that a person convicted of the offense of kidnapping for ransom shall be punished by life imprisonment or by death and provided, further, that, if the person kidnapped shall have received bodily injury, the person convicted shall be punished by life imprisonment or by death. Section 2. Said article is further amended by striking in its entirety Code Section 16-5-45, which reads as follows: 16-5-45. (a) A person commits the offense of interference with custody when he: (1) Knowingly or recklessly takes or entices any committed person away from lawful custody when he is not privileged to do so; (2) Knowingly brings into this state a committed person who has been committed to the custody of another person who is a resident of another state or nation without the consent of the person with legal custody; or (3) Knowingly harbors any committed person who has absconded. (b) As used in this Code section, the term: (1) `Person' includes a parent of a committed person. (2) `Committed person' means, in addition to anyone committed or whose custody is awarded under judicial warrant or court order, any orphan, neglected, or delinquent child; mentally defective or insane person; or other dependent or incompetent person entrusted to another's custody by authority of law. (c) (1) Except as provided in paragraph (2) of this subsection, any person violating this Code section is guilty of a misdemeanor.

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(2) A person convicted of the offense of interference with custody by taking a committed person beyond the limits of this state shall be punished by imprisonment for not less than one nor more than five years., and inserting in lieu thereof a new Code Section 16-5-45 to read as follows: 16-5-45. (a) As used in this Code section, the term: (1) `Committed person' means any child or other person whose custody is entrusted to another individual by authority of law. (2) `Child' means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a deprived child as such is defkned in Code Section 15-11-2, relating to juvenile proceedings. (3) `Lawful custody' means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 15-11-17, or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction. (b) (1) A person commits the offense of interference with custody when without lawful authority to do so he: (A) Knowingly or recklessly takes or entices any child or committed person away from the individual who has lawful custody of such child or committed person; or (B) Knowingly harbors any child or committed person who has absconded. (2) A person convicted of the offense of interference with custody shall be punished as follows: (A) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned;

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(B) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than 12 months, or both fined and imprisoned; and (C) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. (c) (1) A person commits the offense of interstate interference with custody when without lawful authority to do so he knowingly or recklessly takes or entices any minor or committed person away from the individual who has lawful custody of such minor or committed person and in so doing brings such minor or committed person into this state or removes such minor or committed person from this state. (2) A person convicted of the offense of interstate interference with custody shall be guilty of a felony and shall be imprisoned for not less than one year nor more than five years. Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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PUNISHMENT FOR CONTEMPT. Code Sections 24-2615, 15-6-8 Amended. No. 1297 (House Bill No. 1328). AN ACT To amend Code Section 24-2615, relating to the powers and jurisdiction of superior courts, so as to change the punishment for contempt; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 24-2615, relating to the powers and jurisdiction of superior courts, is amended by striking paragraph 5 of said Code section in its entirety and inserting in lieu thereof a new paragraph 5 to read as follows: 5. To punish contempt by fines not exceeding $500 and by imprisonment not exceeding 20 days. Part 2 Section 2. Code Section 15-6-8 of the Official Code of Georgia Annotated, relating to the jurisdiction and powers of superior courts, is amended by striking paragraph (5) of said Code section in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) To punish contempt by fines not exceeding $500.00 and by imprisonment not exceeding 20 days; and. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. TEACHERS' RETIREMENT SYSTEM OF GEORGIA ACT AMENDED. Code Section 47-3-42 Amended. No. 1298 (House Bill No. 1339). AN ACT To amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved March 27, 1947 (Ga. L. 1947, p. 1155), and an Act approved March 7, 1962 (Ga. L. 1962, p. 723, so as to change the requirements relating to the remission of employee and employer contributions; to provide for a penalty in the case of the failure or refusal of the employer to remit timely the employee and employer contributions; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as

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amended, particularly by an Act approved March 27, 1947 (Ga. L. 1947, p. 1155), and an Act approved March 7, 1962 (Ga. L. 1962, p. 723), is amended by striking subsection (6) of Section 8 in its entirety and substituting in lieu thereof a new subsection (6) of Section 8 to read as follows: (6) It shall be the duty of each county board of education, the board of education of each independent school system, and of each and every employer of teachers to deduct and collect the required employee contributions from each teacher's salary and to make monthly remittance of such amounts to the board of trustees. Each employer shall likewise make the required employer contribution and shall make monthly remittance of such amounts to the board of trustees along with employee contributions. Each employer shall remit the required employee and employer contributions to the board of trustees by the tenth calendar day of the month following the month for which the contributions were made. In the case of the failure or refusal of the employer to remit the employee and employer contributions on or before the tenth calendar day of the month following the month for which the contributions were made, there shall be added to the total amount of remittance due the sum of one and one-half percent of the amount of the remittance if the failure or refusal is for not more than one month, and an additional one and one-half percent for each additional month or fraction of a month during which the failure or refusal continues. Part 2 Section 2. Code Section 47-3-42 of the Official Code of Georgia Annotated, relating to the employer's duty to deduct and remit employee contributions under the Teachers Retirement System, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) It shall be the duty of each county board of education, the board of education of each independent school system, and of each and every employer of teachers to deduct and collect the required employee contributions from each teacher's salary and to make monthly remittance of such amounts to the board of trustees. Each employer shall likewise make the required empnoyer contribution and shall make monthly remittance of such amounts to the board of

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trustees along with employee contributions. Each employer shall remit the required employee and employer contributions to the board of trustees by the tenth calendar day of the month following the month for which the contributions were made. In the case of the failure or refusal of the employer to remit the employee and employer contributions on or before the tenth calendar day of the month following the month for which the contributions were made, there shall be added to the total amount of remittance due the sum of 1 1/2 percent of the amount of the remittance if the failure or refusal is for not more than one month, and an additional 1 1/2 percent for each additional month or fraction of a month during which the failure or refusal continues. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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TEACHERS' RETIREMENT SYSTEM OF GEORGIA ACT AMENDED. Code Section 47-3-23 Amended. No. 1299 (House Bill No. 1340). AN ACT To amend an Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 28, 1975 (Ga. L. 1975, p. 1637), and by an Act approved April 3, 1978 (Ga. L. 1978, p. 1441), so as to change the provisions relative to the determination of certain rates of interest; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act establishing the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 28, 1975 (Ga. L. 1975, p. 1637), and by an Act approved April 3, 1978 (Ga. L. 1978, p. 1441), is amended by striking subsection (14) of Section 6 in its entirety and substituting in lieu thereof a new subsection (14) to read as follows: (14) From time to time and at least in every five year period, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and the beneficiaries of the retirement system, and recommend for adoption by the Board of Trustees mortality, service and other tables needed in the operation of the system, and taking into account the results of such investigations the Board from time to time shall adopt for the system such mortality, service and other tables as it shall deem necessary, for use in all calculations required in connection with this system. The Board shall also determine from time to time the rates of regular interest for use in all calculations required in connection with the system, limited to a minimum of 2 per centum.

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Part 2 Section 2. Code Section 47-3-23 of the Official Code of Georgia Annotated, relating to designation of actuary and determination of interest rate under the Teachers Retirement System, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) From time to time, but at least once in every five-year period, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the retirement system and recommend for adoption by the board of trustees, mortality, service, and other tables needed in the operation of the retirement system. Taking into account the results of such investigations, the board of trustees from time to time shall adopt for the retirement system such mortality, service, and other tables as it shall deem necessary for use in all calculations required in connection with this retirement system. The board of trustees shall also determine from time to time the rates of regular interest for use in all calculations required in connection with the retirement system, limited to a minimum of 2 percent. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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GEORGIA MEAT INSPECTION ACT AMENDED. Code Section 26-2-88 Amended. No. 1300 (House Bill No. 1355). AN ACT To amend an Act known as the Georgia Meat Inspection Act, approved April 30, 1969 (Ga. L. 1969, p. 1028), as amended, so as to provide penalties for certain unlawful slaughter and distribution of diseased animals and carcasses; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act known as the Georgia Meat Inspection Act, approved April 30, 1969 (Ga. L. 1969, p. 1028), as amended, is amended by striking Section 25 in its entirety and inserting in lieu thereof a new Section 25 to read as follows: Section 25. (a) Any person, firm, or corporation who violates any provision of this Act with intent to defraud, or who distributes or attempts to distribute an article that is adulterated (except as defined in Section 1(j)(8) of this Act), shall be subject to imprisonment for not more than three years or a fine of not more than $10,000 or both: Provided, that no person, firm, or corporation shall be subject to penalties under this section for receiving for transportation any article or animal in violation of this Act if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish on request of a representative of the Commissioner the name and address of the person from whom he received such article or animal, and copies of all documents, if any there be, pertaining to the delivery of the article or animal to him. (b) Any person who unlawfully slaughters any diseased or cancerous animal for purposes of selling any part of the carcass for human consumption or who knowingly distributes or attempts to distribute any part of such a carcass for human consumption shall be

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guilty of a felony and punished by imprisonment for not less than three years or more than ten years or by a fine of not less than $10,000.00 or more than $50,000.00 or both. Part 2 Section 2. Part 2 of Article 3 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to penalties for fraud or distribution of adulterated articles, is amended by striking Code Section 26-2-88 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: 26-2-88. (a) Any person, firm, or corporation who violates this article with intent to defraud or who distributes or attempts to distribute an article that is adulterated, except as defined in subparagraph (1)(H) of Code Section 26-2-62, shall be subject to imprisonment for not more than three years or a fine of not more than $10,000.00, or both, provided that no person, firm, or corporation shall be subject to penalties under this subsection for receiving for transportation any article or animal in violation of this article if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish, on request of a representative of the Commissioner, the name and address of the person from whom he received such article or animal and copies of all documents, if there are any, pertaining to the delivery of the article or animal to him. (b) Any person who unlawfully slaughters any diseased or cancerous animal for purposes of selling any part of the carcass for human consumption or who knowingly distributes or attempts to distribute any part of such a carcass for human consumption shall be guilty of a felony and punished by imprisonment for not less than three years or more than ten years or by a fine of not less than $10,000.00 or more than $50,000.00 or both. (c) Any person who violates any of the provisions of this article for which a penalty is not otherwise prescribed in this article or who violates any rule or regulation promulgated under this article shall be guilty of a misdemeanor. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. WITNESS FEES FOR PEACE OFFICERS. Code Section 24-10-27 Amended. No. 1301 (House Bill No. 1358). AN ACT To amend an Act revising the laws relating to subpoenas and like processes, approved March 5, 1966 (Ga. L. 1966, p. 502), as amended, particularly by an Act approved March 20, 1980 (Ga. L. 1980, p. 439), so as to change the amount paid to peace officers for court attendance; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act revising the laws relating to subpoenas and like processes, approved March 5, 1966 (Ga. L. 1966, p. 502), as amended, particularly by an Act approved March 20, 1980 (Ga. L. 1980, p. 439), is amended by striking from the first subsection (h) of Section 1 the following:

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but not in excess of $12.00 per diem., inserting in lieu thereof the following: or $20.00 per diem whichever is greater. Part 2 Section 2. Article 2 of Chapter 10 of Title 24 of the Official Code [Illegible Text] Annotated, relating to subpoenas and notices to produce, [Illegible Text] by striking Code Section 24-10-27 and inserting in its [Illegible Text] a new Code section to read as follows: 24-10-27. Notwithstanding any other provision in this article, [Illegible Text] member of the Georgia State Patrol, Georgia Bureau of [Illegible Text], or municipal or county police force, or any deputy sheriff who [Illegible Text] be required by writ of subpoena to attend any superior court, [Illegible Text] courts having jurisdiction to enforce the penal laws of this state, [Illegible Text] or police court having jurisdiction to enforce the penal laws [Illegible Text] his state as provided by Code Section 40-13-21, juvenile court, or [Illegible Text] jury, or hearing or inquest held or called by a coroner, or small [Illegible Text] court involving any criminal matter, as a witness on behalf of [Illegible Text] state during any hours except the regular duty hours to which the [Illegible Text] is assigned, shall be paid for such attendance at a rate fixed by [Illegible Text] court, but not less than the per diem paid grand jurors in the [Illegible Text] term of the superior court of such county or $20.00 per [Illegible Text], whichever is greater. The claim for the witness fees shall be [Illegible Text] on the subpoena showing the dates of attendance and [Illegible Text] that attendance was required during the hours other than the [Illegible Text] duty hours to which the claimant was assigned. The claimant [Illegible Text] verify this statement. The dates of attendance shall be certified [Illegible Text] judge or the prosecuting attorney of the court attended. The [Illegible Text] of the Georgia Bureau of Investigation, the commanding [Illegible Text] of the State Patrol, the chief of police, or the sheriff shall [Illegible Text] that the claimant has been paid no additional compensation [Illegible Text] given any time off on account of such service. The amount due [Illegible Text] be paid by the governing body authorized to dispense public [Illegible Text] for the operation of the court. However, no such officer may [Illegible Text] or receive more than one witness fee per day for attendance in [Illegible Text] court or before the grand jury regardless of the number of [Illegible Text] which the officer may have received requiring him to [Illegible Text] in such court or before the grand jury on any one day.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. BOARD OF REGISTRATION FOR FORESTERS EXPIRATION DATE. Code Section 12-6-63 Amended. No. 1302 (House Bill No. 1364). AN ACT To amend an Act entitled The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as amended, so as to delete from terminating agencies the State Board of Registration for Foresters; to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Board of Registration for Foresters, so as to change the scheduled termination date of the State Board of Registration for Foresters; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act entitled The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as amended, is amended by striking paragraph (2) of subsection (c) of Section 7, which reads as follows: (2) The State Board of Registration for Foresters. An Act creating the State Board of Registration for Foresters, approved February 21, 1951 (Ga. L. 1951, p. 581), as amended., in its entirety. Part 2 Section 2. Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Board of Registration for Foresters, is amended by striking Code Section 12-6-63 in its entirety and substituting in lieu thereof a new Code Section 12-6-63 to read as follows: 12-6-63. For the purposes of Chapter 2 of Title 43, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration for Foresters shall be terminated on July 1, 1984, and this part and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. STATE MERIT SYSTEM EMPLOYES RELIGIOUS HOLIDAYS. Code Section 1-4-1 Amended. No. 1303 (House Bill No. 1378). AN ACT To amend an Act designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, particularly by an Act approved April 9, 1975 (Ga. L. 1975, p. 368), so as to provide conditions under which requests by certain state employees for time away from work for the observance of religious holidays shall be given consideration; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act designating public and legal holidays in the State of Georgia, approved February 16, 1943 (Ga. L. 1943, p. 331), as amended, particularly by an Act approved April 9, 1975 (Ga. L. 1975, p. 368), is amended by adding a new subsection (c) at the end of Section 1 to read as follows: (c) Employees of departments and agencies covered by the state merit system shall, upon request to their appointing authority or his designee, at least seven days in advance, be given priority consideration for time away from work for observance of religious

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holidays not otherwise provided for herein. Any paid leave time for such religious holiday observance shall be changed to accrued compensatory leave or accrued annual leave credits available to the employee at the time of the holiday observance. No employee may claim priority consideration for more than three work days each calendar year. A request by an employee for time away from work to observe a religious holiday shall not be denied unless the employee has inadequate accrued compensatory or annual leave credits to cover such period of absence or the duties performed by the employee are urgently required and the employee is the only person available who can perform the duties as determined by the appointing authority or his designee. Part 2 Section 2. Code Section 1-4-1 of the Official Code of Georgia Annotated, relating to public and legal holidays, is amended by adding a new subsection (c) at the end thereof to read as follows: (c) Employees of departments and agencies covered by the state merit system shall, upon request to their appointing authority or his designee, at least seven days in advance, be given priority consideration for time away from work for observance of religious holidays not otherwise provided for herein. Any paid leave time for such religious holiday observance shall be charged to accrued compensatory leave or accrued annual leave credits available to the employee at the time of the holiday observance. No employee may claim priority consideration for more than three work days each calendar year. A request by an employee for time away from work to observe a religious holiday shall not be denied unless the employee has inadequate accrued compensatory or annual leave credits to cover such period of absence or the duties performed by the employee are urgently required and the employee is the only person available who can perform the duties as determined by the appointing authority or his designee. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GAME AND FISH CODE AMENDED BODY GRIPPING TRAPS. Code Section 27-3-63 Amended. No. 1304 (House Bill No. 1381). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, known as the Game and Fish Code, so as to prohibit the use of any body-gripping trap of a size in excess of 9 inches square except in and around the water; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Gerogia: Section 1. Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, is amended by inserting after paragraph (10) of subsection (a) of Code Section 27-3-63 a new paragraph (11) to read as follows: (11) Set any body-gripping trap (as opposed to a leg-hold trap) of a size in excess of 9 inches square except in water or on land within ten feet of water, including swamps, marshes, and tidal areas.

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Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GEORGIA FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL ACT AMENDED. Code Section 25-4-8 Amended. No. 1305 (House Bill No. 1382). AN ACT To amend an Act establishing the Georgia Fire Fighters Standards and Training Council, approved April 10, 1971 (Ga. L. 1971, p. 693), as amended by an Act approved April 7, 1976 (Ga. L. 1976, p. 1725), an Act approved March 23, 1977 (Ga. L. 1977, p. 549), an Act approved April 1, 1977 (Ga. L. 1977, p. 1224), an Act approved March 20, 1980 (Ga. L. 1980, p. 601), and an Act approved March 28, 1980 (Ga. L. 1980, p. 1242), so as to change the provisions relating to qualifications for firefighters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act establishing the Georgia Fire Fighters Standards and Training Council, approved April 10, 1971 (Ga. L. 1971, p. 693), as amended by an Act approved April 7, 1976 (Ga. L. 1976, p. 1725), an Act approved March 23, 1977 (Ga. L. 1977, p. 549), an Act approved April 1, 1977 (Ga. L. 1977, p. 1224), an Act approved March 20, 1980 (Ga. L. 1980, p. 601), and an Act approved March 28, 1980

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(Ga. L. 1980, p. 1242), is amended by striking from Section 7, relating to qualifications of fire fighters, subsection (e) which reads as follows: (e) Successfully pass the minimum physical fitness requirements (2-3.1 through 2-3.7) of the Fire Fighter Professional Qualifications (1974) published by the National Fire Protection Association, as such requirements existed December 31, 1974., and inserting in lieu thereof a new subsection (e) to read as follows: (e) Successfully pass the minimum physical fitness requirements (2-3.1 through 2-3.6) of the Fire Fighter Professional Qualifications (1981) adopted May, 1981, and published by the National Fire Protection Association. Part 2 Section 2. Code Section 25-4-8 of the Official Code of Georgia Annotated, relating to qualifications of firefighters, is amended by striking paragraph (5) which reads as follows: (5) Successfully pass the minimum physical fitness requirements of Sections 2-3.1 through 2-3.7 of the `Firefighter Professional Qualifications' (1974), published by the National Fire Protection Association, as such requirements existed on December 31, 1974; and, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) Successfully pass the minimum physical fitness requirements of Sections 2-3.1 through 2-3.6 of the `Firefighter Professional Qualifications' (1981) adopted May, 1981, and published by the National Fire Protection Association; and. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982.

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(c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. DEPOSITS OF CASH BONDS, ETC. BY SHERIFFS OF CERTAIN COUNTIES (400,000 OR MORE). Code Sections 24-2813.1, 15-16-27 Enacted. No. 1306 (House Bill No. 1384). AN ACT To amend Code Chapter 24-28, relating to sheriffs, so as to authorize sheriffs of certain counties to deposit cash bonds and cash reserves of professional bonds in interest-bearing accounts and to use interest proceeds for operation of their departments; to provide for related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 24-28, relating to sheriffs, is amended by adding a new Code Section 24-2813.1 to read as follows: 24-2813.1. The sheriff of any county with a population of 400,000 or more according to the decennial census of 1980 or any future decennial census may deposit cash bonds and cash reserves of professional bondsmen held by him in interest-bearing accounts in one or more financial institutions designated as county depositories.

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Interest earned on any such account shall be periodically transferred from the depository into the general fund of the county treasury as directed by the county governing authority. Such proceeds may be used for any purpose for which general county funds may lawfully be used. Part 2 Section 2. Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by adding a new Code Section 15-16-27 to read as follows: 15-16-27. The sheriff of any county with a population of 400,000 or more according to the decennial census of 1980 or any future decennial census may deposit cash bonds and cash reserves of professional bondsmen held by him in interest-bearing accounts in one or more financial institutions designated as county depositories. Interest earned on any such account shall be periodically transferred from the depository into the general fund of the county treasury as directed by the county governing authority. Such proceeds may be used for any purpose for which general county funds may lawfully be used. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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SAVANNAH PORT AUTHORITY COST OF PROJECT DEFINED. No. 1307 (House Bill No. 944). AN ACT To amend an Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of Georgia creating the Savannah District Authority, now known as the Savannah Port Authority, approved February 11, 1955 (Ga. Laws 1955, p. 170), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1186), and an Act approved March 18, 1980 (Ga. Laws 1980, p. 380), so as to further define the terms project and cost of project in describing the powers and duties of the Savannah Port Authority; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act implementing the provisions of Article V, Section VII, Paragraph II of the Constitution of Georgia creating the Savannah District Authority, now known as the Savannah Port Authority, approved February 11, 1955 (Ga. Laws 1955, p. 170), as amended, particularly by an Act approved April 7, 1972 (Ga. Laws 1972, p. 1186), and an Act approved March 18, 1980 (Ga. Laws 1980, p. 380), is hereby amended by striking the next to last sentence of the last paragraph of subsection (b) of Section 6A thereof and inserting in lieu thereof the following new sentence: The word `project' shall also include any project as defined by the Act known as the `Development Authorities Law,' approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended. Section 2. Said Act is further amended by striking the last paragraph of subsection (c) of Section 6A thereof and inserting in lieu thereof the following new paragraph: The term `cost of project' shall include the term `cost of project' as defined by the Act known as the `Development Authorities Law,' approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended.

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Section 3. The foregoing sections of this Act shall be deemed to be a grant of additional and alternative powers supplemental and additional to powers conferred upon said authority by other laws. 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. Notice of Intent to Apply for Local Legislation. Notice is hereby given of intention to apply for legislation at the 1981 Session of the General Assembly amending the legislative charter of the Savannah Port Authority so as to further define the terms project and cost of project in describing the powers and duties of the Savannah Port Authority, and for other purposes. This 18th day of December, 1980. Thomas S. Gray, Jr. Counsel, Savannah Port Authority Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Phillips who, on oath, deposes and says that he/she is Representative from the 125th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette which is the official organ of Chatham County, on the following dates: December 24, 31, 1980. /s/ Bobby Phillips Representative, 125th District

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Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Notice of Intent to Apply for Local Legislation. Notice is hereby given of intention to apply for legislation at the 1981 Session of the General Assembly amending the legislative charter of the Savannah Port Authority so as to further define the terms project and cost of project in describing the powers and duties of the Savannah Port Authority, and for other purposes. This 18th day of December, 1980. Thomas S. Gray, Jr. Counsel, Savannah Port Authority Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Phillips who, on oath, deposes and says that he/she is Representative from the 125th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 6, 1981.

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/s/ Bobby Phillips Representative, 125th District Sworn to and subscribed before me, this 20th day of February, 1981. /s/ Cathy Ann Walls Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1985. (Seal). Approved April 13, 1982. PUBLIC REVENUE DUTIES OF TAX COLLECTORS, ETC. IN CERTAIN COUNTIES (90,000 - 140,000) (150,300 - 155,000). Code Sections 91A-1328, 91A-1370, 91A-1705, 48-5-127, 48-5-180, 48-5-405 Amended. No. 1309 (House Bill No. 1700). AN ACT To amend Code Title 91A, relating to public revenue, so as to change the amount of deductions by county tax officials from school taxes in certain counties; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Part 1 Section 1. Code Title 91A, relating to public revenue, is amended by repealing paragraph (12) of subsection (a) of Code Section 91A-1328, which reads as follows: (12) In all counties having a population of not less than 145,000 and not more than 165,000, according to the census, the tax collector or tax commissioner shall collect all county school taxes levied under the authority of Article VIII, Section VII, Paragraph I of the Constitution and remit all school taxes collected to the board of education of his respective county once each month. Each such tax collector or tax commissioner shall be entitled to a commission of two and one-half percent for collecting the school taxes. In any such county where the tax collector or tax commissioner is on a salary basis the fees provided in this paragraph shall be collected by the tax collector or tax commissioner and paid over to the proper fiscal authority of the county. Section 2. Said Code title is further amended by striking subsection (d) of Code Section 91A-1370 which reads as follows: (d) In all counties of this State having a population of not less than 90,000 or more than 140,000, according to the census, the tax commissioner or tax collector shall remit all education funds collected by him to the board of education in the county except one percent of the funds collected which shall be retained by the tax commissioner or tax collector if he is on a fee basis or remitted to the governing authority of the county if he is on a salary basis., and inserting in lieu thereof the following: (d) Reserved. Section 3. Said Code title is further amended by adding a new subsection (c) of Code Section 91A-1705 to read as follows: (c) In all counties of this state having a population of not less than 150,300 nor more than 155,000 according to the United States decennial census of 1980 or any future such census, the tax commissioner or tax collector shall remit all education funds collected by him to the county board of education, except that 1.60 percent of the funds collected shall be retained by the tax commissioner or tax

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collector if he is on a fee basis or remitted to the governing authority of the county if he is on a salary basis. Part 2 Section 4. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax, is amended by striking paragraphs (10), (11), and (12) of subsection (a) of Code Section 48-5-127 and inserting in their place the following: (10) Keep a permanent qualification or voters' book and make up the registration lists, as provided by Article 6 of Chapter 2 of Title 21; and (11) Perform all other duties that the law requires and which necessarily under the law appertain to the office of tax collector. Section 5. Said chapter is further amended by striking subsection (d) of Code Section 48-5-180 which reads as follows: (d) In all counties of this state having a population of not less than 90,000 nor more than 140,000, according to the United States decennial census of 1970 or any future such census, the tax commissioner or tax collector shall remit all education funds collected by him to the board of education in the county except 1 percent of the funds collected which shall be retained by the tax commissioner or tax collector if he is on a fee basis or remitted to the governing authority of the county if he is on a salary basis., and inserting in lieu thereof the following: (d) Reserved. Section 6. Said chapter is further amended by adding to Code Section 48-5-405 a new subsection (c) to read as follows: (c) In all counties of this state having a population of not less than 150,300 nor more than 155,000 according to the United States decennial census of 1980 or any future such census, the tax commissioner or tax collector shall remit all education funds collected by him to the county board of education, except that 1.60 percent of the funds collected shall be retained by the tax commissioner or tax collector if he is on a fee basis or remitted to the governing authority of the county if he is on a salary basis.

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Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. PUBLIC REVENUE DATES OF CLOSING TAX BOOKS IN CERTAIN COUNTIES (15,200 - 15,400). Code Title 91A, Code Sections 48-5-18, 48-5-137 Amended. No. 1326 (House Bill No. 1921). AN ACT To amend Code Title 91A, relating to revenue and taxation, as amended, so as to change certain provisions relative to population; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 91A, relating to revenue and taxation, as amended, is amended by striking subsection (g) of Code Section 91A-1013,

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relating to the time for making tax returns, in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: (g) In all counties having a population of not less than 15,200 nor more than 15,400, according to the census, the local tax officials shall close their books for the return of taxes on March 1 of each year. Section 2. Said Code Title is further amended by striking paragraph (3) of subsection (f) of Code Section 91A-1337, relating to tax collectors and tax commissioners as ex officio sheriffs for certain purposes, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) Not less than 15,200 and not more than 15,400. Part 2 Section 3. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (g) of Code Section 48-5-18, relating to the time for making tax returns, in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: (g) In all counties having a population of not less than 15,200 nor more than 15,400, according to the United States decennial census of 1980 or any future such census, the local tax officials shall close their books for the return of taxes on March 1 of each year. Section 4. Said chapter is further amended by striking paragraph (3) of subsection (f) of Code Section 48-5-137, relating to tax collectors and tax commissioners as ex officio sheriffs for certain purposes, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) Not less than 15,200 nor more than 15,400;. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. REAL ESTATE BROKERS AND SALESPERSONS. Code Chapter 84-14 Amended. Code Title 43, Chapter 40 Amended. No. 1327 (House Bill No. 1207). AN ACT To amend Code Chapter 84-14, relating to real estate brokers and salespersons, as amended, so as to provide limitations upon certain actions; to provide for the continuation of the Georgia Real Estate Commission and the laws relating thereto but to provide for the later termination of such commission and laws; to provide for qualifications for license applicants; to provide for various fees, refunds, filings, and examinations; to provide for license duration, renewal, lapse, and reactivation; to delete certain provisions relating to contracting for the collection of certain fees; to change the provisions relating to the granting of licenses to corporations and partnerships; to provide for penalties; to provide for reports regarding trust accounts; to change the purposes for which certain funds may be used; to provide that affiliated licensees may establish their relationship; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 84-14, relating to real estate brokers and salespersons, as amended, is amended by redesignating subsection (b) of Code Section 84-1404 as subsection (c) and by adding immediately following subsection (a) of Code Section 84-1404 a new subsection (b) to read as follows: (b) No broker shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this Code chapter without alleging and proving that any associate broker or salesperson acting in his or her behalf was duly licensed at the time the alleged cause of action arose. Section 2. Said Code chapter is further amended by adding at the end of Code Section 84-1405 a new subsection (g) to read as follows: (g) Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Georgia Real Estate Commission and the laws relating thereto are hereby continued until July 1, 1988, at which time the commission shall be terminated. Upon its termination, the commission shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the commission shall not be reduced or otherwise limited. The laws relative to the commission shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the commission shall stand repealed in their entirety. During the termination period, the commission shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the commission. Section 3. Said Code chapter is further amended by striking subsections (a) and (b) of Code Section 84-1411, which read as follows:

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(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., and inserting in their place new subsections (a) and (b) to read as follows: (a) In order to qualify for a salesperson's license, an applicant must: (1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 84-1415;

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(3) Be a high school graduate or the holder of a certificate of equivalency; (4) Furnish evidence of completion of 24 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 furnish an official transcript which shows that he has successfully completed at least five quarter hours or three semester hours in real estate subjects as determined by the commission at an accredited university or college in the United States; and (5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. (b) In order to qualify for a broker's or associate broker's license, an applicant must: (1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 84-1415; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Have served actively for three years as a licensed salesperson; (5) Furnish evidence of completion of 60 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 furnish an official transcript showing that the applicant has successfully completed at least 15 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; and

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(6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. (c) The Masters Housing Bureau of the Chamber of Commerce of Greater Augusta is excluded from being required to have a license when assisting visitors in providing temporary housing during the Masters Tournament. Section 4. Said Code chapter is further amended by redesignating subsections (e) through (h) of Code Section 84-1412 as subsections (h) through (k), respectively, and by striking subsections (a) through (d) of Code Section 84-1412, which read as follows: (a) To pay the expense of the maintenance and operation of the office of the Commission and the enforcement of this Chapter, the Commission shall, at the time an application is submitted, collect from an applicant for each broker's, associate broker's, or salesperson's examination a fee of $25.00 and an investigation fee if necessary. If the applicant fails to pass the original examination, the applicant may, upon payment of an additional fee, retake the examination as often as scheduled and as many times as the applicant desires. The payment of a fee is required for each examination. Prior to the issuance of an original license, each applicant who has passed the examination, as required by Code section 84-1410, shall pay a license fee in advance as follows: for a broker's or associate broker's license, $50.00, and for a salesperson's license, $15.00. Effective January 1, 1974, all licenses shall be issued biennially and shall be renewed as of January 1 of each even-numbered year. (b) After the issuance of the first license to an applicant, such license shall cover the remaining period of the biennium. All licenses will expire at 12:00 p.m. on the 31st day of December in each odd-numbered year. (c) The biennial license renewal fees according to this Chapter shall be due and payable as follows: application and fees for real estate broker, associate broker and salesperson shall be filed on or before September 1 prior to the expiration of said license at 12:00 p.m. on December 31 of the licensing biennial period.

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(d) The real estate broker's and the associate broker's biennial license fee shall be $50.00 and a salesperson's biennial renewal fee shall be $15.00. A license fee for renewal may be filed after September 1 by paying a late renewal fee of $10.00 on or before 12:01 a.m. January 1 of the biennial licensing period. All fees shall be deposited with the Joint-Secretary for the expenses of the Commission. This Code Section shall not obviate any other fees or conditions required to maintain such license in accordance with this Chapter. Any real estate broker, associate broker, or salesperson, who has failed to pay a renewal fee since July 1, 1973, and allowed his active license to lapse, may reactivate his license by December 31, 1978, by paying the total amount of all renewal fees and late charges which would have been due during the period when his license was lapsed plus a reactivation fee of $50.00. After January 1, 1979, any real estate broker, associate broker or salesperson who fails to pay a renewal fee and allows his active license to lapse may reactivate his license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when his license was lapsed plus a reactivation fee of $50.00., and inserting in their place new subsections (a) through (g) to read as follows: (a) To pay the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the commission shall establish reasonable fees in accordance with Code Sections 84-1413 and 84-1426 and in accordance with its rule-making authority. No fee or portion of a fee required under this chapter which is paid to the commission shall be refunded. Each licensee shall be responsible for filing his own fees. (b) When the commission administers an examination, at the time an application for examination is submitted, the commission shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits. (c) Prior to the issuance of an original license, each applicant who has passed the examination, required by Code Section 84-1411 and each corporation, partnership, and branch office shall pay an activation fee in advance. All licenses shall be issued bienially and

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shall be renewed as of January 1 of each even-numbered year. After the issuance of the first license to an applicant, such license shall cover the remaining period of the biennium. All licenses will expire at midnight on the thirty-first day of December in each odd-numbered year. (d) The biennial license renewal fees according to this chapter shall be due and payable as follows: application and fees for real estate broker, associate broker, salesperson, and branch office shall be filed on or before September 1 prior to the expiration of said license at midnight on December 31 of the licensing biennial period. A license fee for renewal may be filed after September 1 by paying a late renewal fee on or before December 31 of the biennial licensing period. All fees shall be deposited into the state treasury for the expenses of the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter. A license not renewed in accordance with this subsection shall be viewed as lapsed. (e) Applications and fees must be filed personally in the commission's offices during regular business hours or may be mailed to the commission's offices in a letter postmarked by the United States Postal Service. (f) Any real estate broker, associate broker, salesperson, or branch office who fails to pay a renewal fee and allows his active license to lapse may reactivate his license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when his license was lapsed plus a reactivation fee. (g) Any licensee who seeks to reactivate a license which has been placed on `inactivate status' as provided in this Code section may do so by paying fees as established in subsection (c) of this Code section. Section 5. Said Code chapter is further amended by striking from Code Section 84-1413 subsection (b), which reads as follows: (b) Norwithstanding any other provisions of Code Chapter 84-14, relating to real estate brokers and salesmen, the Georgia Real Estate Commission shall be authorized to allow a non-State agency with which it may contract for examination services to collect a portion or all of an examination fee. Any fees collected by such non-state

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agency which exceed the actual cost of services for which the Commission has contracted shall be returned to the Commission and deposited by the Commission into the State treasury., and by striking from subsection (a) of said Code section the following designation: (a). Section 6. Said Code chapter is further amended by striking Code Section 84-1414, which reads as follows: 84-1414. Corporations and Partnerships. No broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates a qualifying broker who owns more than a nominal interest in said corporation or partnership and every person who acts as a salesperson for such corporation or partnership shall hold a real estate license as an associate broker or salesperson., and inserting in its place a new Code Section 84-1414 to read as follows: 84-1414. Corporations and partnerships. (a) No broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates a qualifying broker who shall be responsible for assuring that the corporation or partnership and its affiliated licensees comply with the provisions of this Code chapter and its attendant rules and regulations. Violations of said Code provisions or rules and regulations by a corporation or partnership licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this Code chapter. No broker's license shall be granted to a corporation or partnership unless every person who acts as a salesperson for such corporation or partnership shall hold a real estate license as an associate broker or salesperson. (b) No associate broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates a qualifying associate broker who shall be responsible for assuring that the corporation or partnership complies with the provisions of this Code chapter and its attendant rules and regulations. Violations of said Code provisions or rules and regulations by a corporation or partnership licensed as an associate broker shall subject the license of the qualifying associate broker to sanction as authorized by this Code

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chapter. The qualifying associate broker shall be the only licensee of a corporation or partnership licensed as an associate broker. The license of a corporation or partnership licensed as an associate broker must be assigned to a licensed broker. The licensed associate broker corporation or partnership or qualifying associate broker may not engage in the brokerage business except in behalf of the broker to whom their licenses are assigned. (c) No salesperson's license shall be granted to a corporation or partnership unless said corporation or partnership designates a qualifying salesperson who shall be responsible for assuring that the corporation or partnership complies with the provisions of this Code chapter and its attendant rules and regulations. Violations of said Code provisions or rules and regulations by a corporation or partnership licensed as a salesperson shall subject the license of the qualifying salesperson to sanction as authorized by this Code chapter. The qualifying salesperson shall be the only licensee of a corporation or partnership licensed as a salesperson. The license of a corporation or partnership licensed as a salesperson must be assigned to a licensed broker. The licensed salesperson, corporation or partnership or qualifying salesperson may not engage in the brokerage business except in behalf of the broker to whom their licenses are assigned. Section 7. Said Code chapter is further amended by striking subsection (c) of Code Section 84-1419, which reads as follows: (c) Each broker shall authorize the Commission to examine such trust account by a duly authorized representative of the Commission. Such examination may be made annually or at such time as the Commission may direct., and inserting in its place a new subsection (c) to read as follows: (c) Each broker shall authorize the commission to examine such trust account by a duly authorized representative of the commission. Such examination may be made annually or at such time as the commission may direct. The commission, in its discretion, may accept a certified report from a certified public accountant that the broker's trust account or accounts are maintained in accordance with the provisions of this chapter and its attendant rules and regulations in lieu of an examination by a duly authorized representative of the commission.

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Section 8. Said Code chapter is further amended by striking subsection (h) of Code Section 84-1424 and inserting in its place a new subsection (h) to read as follows: (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 education and research programs for the benefit of licensees and the public as the commission may approve in accordance with the provisions of Code Chapter 84-14 and its rules and regulations: 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 education, research, and recovery fund to be reduced to an amount less than $500,000.00. Section 9. Said Code chapter is further amended by adding immediately following Code Section 84-1426 a new Code section, to be designated Code Section 84-1427, to read as follows: 84-1427. Nothing contained in this chapter shall be construed as establishing an employer-employee or broker-independent contractor relationship between licensees. Whether brokers and their affiliated licensees establish employer-employee or broker-independent contractor relationships shall be at the discretion of the licensees. Part 2 Section 10. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking subsections (a) through (d) of Code Section 43-40-8, which read as follows: (a) No 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 this state, unless that person has fully complied with Code Section 43-40-9. No new 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 shall:

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(1) Furnish evidence of completion of 60 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 15 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. (c) Each applicant for a salesperson's examination shall: (1) Furnish evidence of completion of 24 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. (d) Each applicant for a 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 commission. Failure to pass the examination shall be grounds for denial of license without further hearing., and inserting in their place new subsections (a) and (b) to read as follows: (a) In order to qualify for a salesperson's license an applicant must: (1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency;

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(4) Furnish evidence of completion of 24 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 furnish an official transcript which shows that he has successfully completed at least five quarter hours or three semester hours in real estate subjects, as determined by the commission, at an accredited university or college in the United States; and (5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. (b) In order to qualify for a broker or associate broker's license, an applicant must: (1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Have served actively for three years as a licensed salesperson; (5) Furnish evidence of completion of 60 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 furnish an official transcript showing that the applicant has successfully completed at least 15 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; and (6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons.

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Failure to meet any of the requirements shall be grounds for denial of license without a hearing., and by redesignating subsections (e) through (j) as subsections (c) through (h), respectively. Section 11. Said chapter is further amended by striking Code Section 43-40-10, which reads as follows: 43-40-10. No broker's license shall be granted to a corporation or partnership unless the corporation or partnership designates a qualifying broker who owns more than a nominal interest in the corporation or partnership; and every person who acts as a salesperson for such corporation or partnership shall hold a real estate license as an associate broker or salesperson., and inserting in its place a new Code Section 43-40-10 to read as follows: 43-40-10. (a) No broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates a qualifying broker who shall be responsible for assuring that the corporation or partnership and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations. Violations of said Code provisions or rules and regulations by a corporation or partnership licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a corporation or partnership unless every person who acts as a salesperson for such corporation or partnership shall hold a real estate license as an associate broker or salesperson. (b) No associate broker's license shall be granted to a corporation or partnership unless said corporation or partnership designates a qualifying associate broker who shall be responsible for assuring that the corporation or partnership complies with the provisions of this chapter and its attendant rules and regulations. Violations of said Code provisions or rules and regulations by a corporation or partnership licensed as an associate broker shall subject the license of the qualifying associate broker to sanction as authorized by this chapter. The qualifying associate broker shall be the only licensee of a corporation or partnership licensed as an associate broker. The license of a corporation or partnership licensed as an associate broker

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must be assigned to a licensed broker. The licensed associate broker corporation or partnership or qualifying associate broker may not engage in the brokerage business except in behalf of the broker to whom their licenses are assigned. (c) No salesperson's license shall be granted to a corporation or partnership unless said corporation or partnership designates a qualifying salesperson who shall be responsible for assuring that the corporation or partnership complies with the provisions of this chapter and its attendant rules and regulations. Violations of said Code provisions or rules and regulations by a corporation or partnership licensed as a salesperson shall subject the license of the qualifying salesperson to sanction as authorized by this chapter. The qualifying salesperson shall be the only licensee of a corporation or partnership licensed as a salesperson. The license of a corporation or partnership licensed as a salesperson must be assigned to a licensed broker. The licensed salesperson, corporation or partnership or qualifying salesperson may not engage in the brokerage business except in behalf of the broker to whom their licenses are assigned. Section 12. Said chapter is further amended by designating subsections (e) through (h) of Code Section 43-40-12 as subsections (h) through (k), respectively, and by striking subsections (a) through (d) of Code Section 43-40-12, which read as follows: (a) To pay the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the commission shall, at the time an application is submitted, collect from an applicant for each broker's, associate broker's, or salesperson's examination an examination fee in an amount established by the commission and an investigation fee, if necessary. If the applicant fails to pass the original examination, the applicant may, upon payment of an additional fee, retake the examination as often as scheduled and as many times as he desires. The payment of a fee is required for each examination. Prior to the issuance of an original license, each applicant who has passed the examination shall pay a license fee in advance in an amount established by the commission. (b) After the issuance of the first license to an applicant, such license shall cover the remaining period of the biennium. All licenses described in this Code section shall expire on December 31 of each odd-numbered year unless renewed.

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(c) The biennial license renewal fees for real estate broker, associate broker, and salesperson licenses shall be filed on or before September 1 of the year of expiration of the license. (d) The real estate broker's, associate broker's, and salesperson's biennial renewal fee shall be in an amount established by the commission. A license fee for renewal may be filed after September 1 by paying, by one minute after midnight of December 31 of the year of renewal, a late renewal fee in an amount established by the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter. Any real estate broker, associate broker, or salesperson who fails to pay a renewal fee and allows his active license to lapse may reactivate his license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when his license was lapsed, plus a reactivation fee in an amount established by the commission., and inserting in their place new subsections (a) through (g) to read as follows: (a) To pay the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, thg commission shall establish reasonable fees in accordance with Code Sections 43-40-13 and 43-40-3 and in accordance with its rule-making authority. No fee or portion of a fee required under this chapter which is paid to the commission shall be refunded. Each licensee shall be responsible for filing his own fees. (b) When the commission administers an examination, at the time an application for examination is submitted, the commission shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits. (c) Prior to the issuance of an original license, each applicant who has passed the examination required by Code Section 43-40-8 and each corporation, partnership, and branch office shall pay an activation fee in advance. All licenses shall be issued biennially and shall be renewed as of January 1 of each even-numbered year. After the issuance of the first license to an applicant, such license shall

Page 1016

cover the remaining period of the biennium. All licenses will expire at midnight on the thirty-first day of December in each odd-numbered year. (d) The biennial license renewal fees according to this chapter shall be due and payable as follows: application and fees for real estate broker, associate broker, salesperson, and branch office shall be filed on or before September 1 prior to the expiration of said license at midnight on December 31 of the licensing biennial period. A license fee for renewal may be filed after September 1 by paying a late renewal fee on or before December 31 of the biennial licensing period. All fees shall be deposited into the state treasury for the expenses of the commission. This Code section shall not obviate any other fees or conditions required to maintain such license in accordance with this chapter. A license not renewed in accordance with this subsection shall be viewed as lapsed. (e) Applications and fees must be filed personally in the commission's offices during regular business hours or may be mailed to the commission's offices in a letter postmarked by the United States Postal Service. (f) Any real estate broker, associate broker, salesperson, or branch office who fails to pay a renewal fee and allows his active license to lapse may reactivate his license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when his license was lapsed plus a reactivation fee. (g) Any licensee who seeks to reactivate a license which has been placed on `inactive status' as provided in this Code section may do so by paying fees as established in subsection (c) of this Code section. Section 13. Said chapter is further amended by striking subsection (b) of Code Section 43-40-13, which reads as follows: (b) Notwithstanding any other provisions of this chapter, the commission shall be authorized to allow a nonstate agency with which it may contract for examination services to collect a portion or all of an examination fee. Any fees collected by such nonstate agency which exceed the actual cost of services for which the commission has contracted shall be returned to the commission and deposited by the commission into the state treasury.,

Page 1017

and by striking from subsection (a) of said Code section the following designation: (a). Section 14. Said chapter is further amended by striking subsection (c) of Code Section 43-40-20, which reads as follows: (c) Each broker shall authorize the commission to examine such trust account by a duly authorized representative of the commission. Such examination may be made annually or at such time as the commission may direct., and inserting in its place a new subsection (c) to read as follows: (c) Each broker shall authorize the commission to examine such trust account by a duly authorized representative of the commission. Such examination may be made annually or at such time as the commission may direct. The commission, in its discretion, may accept a certified report from a certified public accountant that the broker's trust account or accounts are maintained in accordance with the provisions of this chapter and its attendant rules and regulations in lieu of an examination by a duly authorized representative of the commission. Section 15. Said chapter is further amended by striking subsection (j) of Code Section 43-40-22 and inserting in its place a new subsection (j) to read as follows: (j) The commission, in its discretion, may use any and all funds, in excess of $500,000.00 required by subsection (b) of this Code 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 education and research programs for the benefit of licensees and the public as the commission may approve in accordance with the provisions of this chapter and its rules and regulations; 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 education, research, and recovery fund to be reduced to an amount less than $500,000.00.

Page 1018

Section 16. Said chapter is further amended by redesignating subsection (b) of Code Section 43-40-24 as subsection (c) and by adding immediately following subsection (a) of Code Section 43-40-24 a new subsection (b) to read as follows: (b) No broker shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this chapter without alleging and proving that any associate broker or salesperson acting in the broker's behalf was duly licensed at the time the alleged cause of action arose. Section 17. Said chapter is further amended by adding between Code Sections 43-40-30 and 43-40-31 a new Code section, to be designated Code Section 43-40-30.1, to read as follows: 43-40-30.1. Nothing contained in this chapter shall be construed as establishing an employer-employee or broker-independent contractor relationship between licensees. Whether brokers and their affiliated licensees establish employer-employee or broker-independent contractor relationships shall be at the discretion of the licensees. Section 18. Said chapter is further amended by striking Code Section 43-40-32, relating to termination of the commission, and inserting in its place a new Code Section 43-40-32 to read as follows: 43-40-32. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Real Estate Commission shall be terminated on July 1, 1988, and this chapter and any other laws relating to such commission shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Part 3 Section 19. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

Page 1019

Section 20. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. STATE BOARD FOR EXAMINATION, QUALIFICATION, AND REGISTRATION OF ARCHITECTS ACT AMENDED. Code Chapter 84-3 Amended. Code Title 43, Chapter 4 Amended. No. 1328 (House Bill No. 1218). AN ACT To amend Code Chapter 84-3, relating to architects, as amended, so as to change the time of the termination of the State Board for Examination, Qualification, and Registration of Architects and the repeal of the laws relating thereto; to change the provisions relating to enforcement by officials responsible for enforcing building construction codes; to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to change the provisions relating to adoption of rules and regulations; to change the provisions relating to qualification of applicants; to change the provisions relating to filing and recording of examination papers; to change the provisions relating to enforcement by officials responsible for enforcing building construction codes; to change the time of the termination of the State Board for Examination, Qualification, and Registration of Architects and the repeal of the laws relating thereto; to provide effective dates; 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:

Page 1020

Part 1 Section 1. Code Chapter 84-3, relating to architects, as amended, is amended by adding between Code Sections 84-304 and 84-305 a new Code section, to be designated Code Section 84-304.1, to read as follows: 84-304.1. Termination. Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the State Board for Examination, Qualification, and Registration of Architects and the laws relating thereto are hereby continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Section 1A. Said chapter is further amended by striking Code section 84-321.1 in its entirety and inserting in lieu thereof a new Code Section 84-321.1 to read as follows: 84-321.1. Enforcement of chapter. Except as provided in Section 9 of an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, particularly by an Act approved April 17, 1981 (Ga. L. 1981, p. 1779), it shall be the duty of all public officials charged with the responsibility of enforcing codes related to construction of buildings to require compliance with Code Section 84-321 before architectural plans, drawings, and specifications are approved for construction. Except as provided in Section 9 of an Act creating the office of Georgia Safety Fire Commissioner, approved February 25, 1949 (Ga. L. 1949, p. 1057), as amended, particularly by an Act approved April 17, 1981 (Ga. L. 1981, p. 1779), no building subject to the provisions of Code Section 84-321 and requiring the services of an architect shall be built without such approval prior to construction.

Page 1021

Part 2 Section 2. Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, is amended by striking Code Section 43-4-9 in its entirety and inserting in lieu thereof a new Code Section 43-4-9 to read as follows: 43-4-9. The board shall adopt all necessary rules, regulations, and standards of conduct, not inconsistent with this chapter and the Constitution and laws of this state and of the United States, to carry out this chapter and to safeguard life, health, and property. Section 3. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 43-4-11 and inserting in lieu thereof a new subsection (c) to read as follows: (c) The applicant for a certificate of registration shall meet the experience requirements set forth in paragraph (1) or (2) of subsection (b) of this Code section and shall hold a National Council of Architectural Registration Boards' certificate and a certificate of registration in the county, state, or territory of residency, both of which shall be in good standing. Such application must be accompanied by a council record prepared by the National Council of Architectural Registration Boards and such other evidence as the board may require. Section 4. Said chapter is further amended by striking in its entirety Code Section 43-4-12 and inserting in lieu thereof a new Code Section 43-4-12 to read as follows: 43-4-12. The filing, recording, and renewal of all examination papers and other evidences of qualification submitted by each applicant shall be filed with the board through the joint-secretary. Except as provided in subsection (k) of Code Section 43-1-2, the joint-secretary shall keep a record, open to public inspection at all reasonable times, of the proceedings of the board relating to the issuance, refusal, renewal, suspension, and revocation of certificates of registration. Section 4A. Said chapter is further amended by striking Code Section 43-4-15 in its entirety and inserting in lieu thereof a new Code Section 43-4-15 to read as follows:

Page 1022

43-4-15. Except as provided in Code Section 25-2-14, it shall be the duty of all public officials charged with the responsibility of enforcing codes related to the construction of buildings to require compliance with Code Section 43-4-14 before architectural plans, drawings, and specifications are approved for construction. Except as provided in Code Section 25-2-14, no building subject to Code Section 43-4-14 and requiring the services of an architect shall be built without such approval prior to construction. Section 5. Said chapter is further amended by striking in its entirety Code Section 43-4-18 and inserting in lieu thereof a new Code Section 43-4-18 to read as follows: 43-4-18. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board for Examination, Qualification, and Registration of Architects shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Part 3 Section 6. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

Page 1023

EMPLOYMENT SECURITY LAW AMENDED. Code Title 34, Chapter 8 Amended. No. 1329 (House Bill No. 1231). AN ACT To amend an Act known as the Employment Security Law (formerly the Unemployment Compensation Law), approved March 29, 1937 (Ga. L. 1937, p. 806), as amended, so as to delete the national trigger for extended benefits as required by the Federal Unemployment Tax Act; to remove obsolete dates; to change the state trigger for extended benefits; to change the method of computing the insured unemployment rate for extended benefits; to renumber paragraphs; to correct cross-references; to reduce extended benefits by trade readjustment entitlement; to require insured wages for certain purposes; to prohibit disqualification of claimants in approved training under the Trade Readjustment Act; to change the word workmen's to workers' compensation; to provide for disqualification of students in approved training who are kicked out for cause; to eliminate unnecessary and duplicate language; to provide for the same termination schedule for all employers; to provide for child support intercept payments; to change the time for forfeiture on fraud; to change certain ages in the law; to clarify the definition of intern; to delete a certain section which is obsolete; to provide for conformity with federal law; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act known as the Employment Security Law (formerly the Unemployment Compensation Law), approved March 29, 1937 (Ga. L. 1937, p. 806), as amended, is amended by striking paragraph (1) of subsection (a) of Section 3A in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Extended benefit period' means a period which

Page 1024

(A) begins with the third week after a week for which there is a `State on indicator'; and (B) ends with either of the following weeks, whichever occurs later: (i) the third week after the first week for which there is a `State off indicator'; or (ii) the thirteenth consecutive week of such period: Provided, that no extended benefit period may begin by reason of a `State on indicator' before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this State. Section 2. Said Act is further amended by striking in their entirety paragraphs (2) and (3) of subsection (a) of Section 3A, which read as follows: (2) For weeks beginning after December 31, 1976, there is a `National on indicator' for a week if, for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured employment (seasonally adjusted) for all states equaled or exceeded 4.5 per centum (determined by the U. S. Secretary of Labor by reference to the average monthly covered employment for the first four of the most recent six calendar quarters ending before the close of such period). (3) For weeks beginning after December 31, 1976, there is a `National off indicator' for a week if, for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment (seasonally adjusted) for all states was less than 4.5 per centum (determined by the U. S. Secretary of Labor by reference to the average monthly covered employment for the first four of the most recent six calendar quarters ending before the close of such period). Section 3. Said Act is further amended by striking in their entirety paragraphs (4) and (5) of subsection (a) of Section 3A and inserting in lieu thereof the following:

Page 1025

(2) There is a `State on indicator' for a week if the rate of insured unemployment under the State law for the period consisting of such week and the immediately preceding twelve weeks: (A) equaled or exceeded 120 per centum of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, and (B) equaled or exceeded 5 per centum. (3) There is a `State off indicator' for a week if, for the period consisting of such week and the immediately preceding twelve weeks, either subparagraph (A) or subparagraph (B) of paragraph (2) of this subsection is not satisfied. Section 4. Said Act is further amended by striking in its entirety paragraph (6) of subsection (a) of Section 3A and inserting in lieu thereof the following: (4) `Rate of insured unemployment,' for purposes of paragraph (2) and (3) of this subsection, means the percentage derived by dividing (A) the average weekly number of individuals filing claims in this State (but not including individuals filing claims for extended benefits nor including regular benefits claimed by federal civilian employees and ex-servicemen) for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the Commissioner on the basis of his reports to the U. S. Secretary of Labor, by (B) the average monthly employment covered under this Act for the first four of the most recent six completed calendar quarters ending before the end of such 13-week period. Section 5. Said Act is further amended by renumbering paragraphs (7) through (11) of subsection (a) of Section 3A as paragraphs (5) through (9), respectively. Section 6. Said Act is further amended by striking in its entirety subsection (c) of Section 3A and inserting in lieu thereof a new subsection (c) to read as follows:

Page 1026

(c) Eligibility requirements for extended benefits. (1) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the Commissioner finds that with respect to such week: (A) he is an `exhaustee' as defined in paragraph (8) of subsection (a) of this Section, and (B) he has satisfied the requirements of this Act for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits. (2) Provided, however, for weeks of unemployment beginning on or after June 1, 1981, the total extended benefits otherwise payable to an individual who has filed an interstate claim under the interstate benefit payment plan shall not exceed two weeks whenever an extended benefit period is not in effect for such week in the State where the claim is filed. (3) Provided, further, for weeks of unemployment beginning on or after March 31, 1981, if an individual has been disqualified, in his most recent benefit year or on his extended benefit claim, only those who are required to return to work and earn additional insured wages in employment in order to terminate this disqualification, and who satisfy this requirement, shall be eligible to receive extended benefits. (4) Provided, further, if the benefit year of a claimant ends with an extended benefit period, the number of weeks of extended benefits that such claimant would be entitled to in that extended benefit period, but for this subsection, shall be reduced (but not below zero) by the number of weeks for which the claimant was entitled to trade readjustment allowances during such benefit year. For purposes of this paragraph, the terms `benefit year' and `extended benefit period' shall have the same respective meanings. Section 7. Said Act is further amended by striking in their entirety subsections (f) and (g) of Section 3A and inserting in lieu thereof new subsections (f) and (g) to read as follows:

Page 1027

(f) Beginning and termination of extended benefit period. - Whenever an extended benefit period is to become effective in this State as a result of the State `on' indicator or an extended benefit period is to be terminated in this State as a result of the State `off' indicator, the Commissioner shall make an appropriate announcement. (g) Computations. - Computations required by the provisions of paragraph (4) of subsection (a) of this Section shall be made by the Commissioner in accordance with regulations prescribed by the U. S. Secretary of Labor. Section 8. Said Act is further amended by striking in their entirety subsections (f) and (g) of Section 4 and inserting in lieu thereof new subsections (f), (g), and (h) to read as follows: (f) He has, since the effective date of his last established previous benefit year, performed services in bona fide employment and earned insured wages for such services equal to at least eight (8) times the weekly benefit amount of the new benefit year. (g) He has, since retiring of his own volition to receive a pension, performed services in bona fide employment and earned insured wages for such services equal to at least eight (8) times the weekly benefit amount. (h) A claimant shall not be deemed ineligible or disqualified for benefits because he is in training approved by the Secretary of Labor pursuant to the Trade Act of 1974 as amended, even though he voluntarily quit work which was not suitable to enter such training, or he is not able, available or actively seeking work, or he refused work during any week of such training. For the purpose of this subsection the term `suitable work' means, with respect to a claimant, work of a substantially equal or higher skill level than the claimant's past adversely affected work, and wages for such work are not less than 80% of the claimant's average weekly wage in the adversely affected work. Provided, no claimant shall be deemed ineligible or disqualified for benefits by operation of Section 3A(j) of this Act, who is in approved training as referred to in this subsection. Provided further, should the employer respond timely and such voluntary separation on the part of the claimant is without good cause in connection with his most recent work such employer's experience rating account shall not receive charges for any benefits paid as provided for in Section

Page 1028

7(c)(2). Provided further, should the claimant refuse suitable work while in training and the employer files timely information as provided by regulation, such employer's experience rating account shall not be charged. Provided further, pursuant to 5(c) of this Act, no employer under Section 7A of this Act who has elected to make payments in lieu of contributions is subject to relief of charges under this subsection. Section 9. Said Act is further amended by striking in its entirety paragraph (2) of subsection (e) of Section 5 and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Compensation for temporary partial or temporary total disability under the Workers' Compensation Law of any State or under a similar law of the United States;. Section 10. Said Act is further amended by striking in its entirety subsection (g) of Section 5 and inserting in lieu thereof a new subsection (g) to read as follows: (g) Who is attending a training course as provided in Section 4(c) of the Act and voluntarily quits attending such course without good cause, shall be disqualified for benefits under the provisions of Section 5(a) providing for a disqualification for voluntarily quitting a job. Provided further, if any individual is separated from training approved under Section 4(c)(3) due to their own failure to abide by rules of the training facility, they shall be disqualified for benefits under the provisions of Section 5(b). Section 11. Said Act is further amended by striking in its entirety subsection (b) of Section 6 and inserting in lieu thereof a new subsection (b) to read as follows: (b) Initial Determination. - An examiner designated by the Commissioner shall take the claim. An initial determination thereon shall be made promptly and shall include a determination with respect to whether or not benefits are payable, the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum duration of benefits. (1) Whenever a determination (A) involves the application of Section 5(d) or (B) involves multiple claimants and difficult issues of fact or law; the Commissioner may refer the case to an

Page 1029

Appeals Tribunal for hearing and decision in accordance with Section 6(c). (2) The claimant and any other parties to the determination or redetermination shall be promptly notified of the initial determination or redetermination and the reasons therefor. (3) A determination shall be deemed final unless a party entitled to notice thereof applies for reconsideration of the determination or appeals therefrom within ten days after the notice was mailed to his last known address or otherwise delivered to him. (4) A redetermination on an application for reconsideration shall be deemed final unless a party entitled to notice thereof files an appeal within ten days after the notice was mailed to his last known address or otherwise delivered to him. (5) Notwithstanding any provision in Section 5 or 6, benefits shall be paid promptly in accordance with a determination or redetermination under this Section, or the decision of an Appeal Tribunal, the Board of Review or a reviewing court allowing benefits upon the issuance of such determination, redetermination or decision, without such payments being withheld pending outcome of application for reconsideration, hearing of an appeal, review by the Board of Review, or decision of a court, unless and until such determination, redetermination or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits shall be paid or denied for weeks of unemployment in accordance with such modifying or reversing redetermination or decision; provided further, neither the Board of Review nor any Court shall issue an injunction, supersedeas, stay, or other writ or process suspending the payment of such benefits pending the disposition of such appeal. Section 12. Said Act is further amended by striking in its entirety paragraph (9) of subsection (c) of Section 7 and inserting in lieu thereof a new paragraph (9) to read as follows: (9) The Commissioner shall by regulation provide for the notification of each employer of charges made against his account at intervals not less frequent than semiannually. The charges in such notification shall be binding upon each employer for all purposes unless he files a request for review and redetermination in writing

Page 1030

setting forth the charges to which he objects and the basis of such objection within 15 days of such prescribed notification. Upon such request being filed the employer shall be granted an opportunity for a fair hearing, but no employer shall have standing, in any proceeding involving his rate of contribution, to contest the chargeability to his account of any benefit paid in accordance with a determination, redetermination or decision pursuant to Section 6 except upon the ground that the services on the basis of which such benefits were found to be chargeable did not constitute services performed in employment for him, and only in the event that he was not a party to such determination, redetermination or decision, or to any other proceedings under this Act in which the character of such services were determined. The employer shall be promptly notified of the Commissioner's redetermination, which shall become final unless, within 15 days after the mailing of notice thereof to his last known address, or, in the absence of mailing, within 15 days after the delivery of such notice, a petition for judicial review is filed in the Superior Court of Fulton County. In any proceeding under this Section the findings of the Commissioner as to the facts, if supported by evidence, and in the absence of fraud shall be conclusive, and the jurisdiction of said court shall be confined to questions of law. No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the Commissioner, and the Commissioner may, after hearing such additional evidence, modify his determination, and file such modified determination, together with a transcript of the additional record, with the court. Such proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under Section 6 and the Workers' Compensation Law of this State. An appeal may be taken from the decision of the Superior Court of Fulton County to the Court of Appeals of Georgia in the same manner as is provided in civil cases. Section 13. Said Act is further amended by striking in its entirety subsection (b) of Section 8, which reads as follows: (b) Termination of Liability. Except as otherwise provided in subsection (c) of this Section, an employing unit shall cease to be an employer subject to this Act only as of the first day of January of any calendar year, only if it files with the Commissioner, prior to the thirtieth day of April of the next succeeding year, a written application for termination of coverage, and the Commissioner finds that there were no twenty different days, each day being in a different

Page 1031

week within the first named calendar year, within which such employing unit employed one or more individuals in employment and in the first named calendar year did not pay for services in employment wages of $1,500 or more in a calendar quarter or was not otherwise subject to this Act, or in the case of a nonprofit organization, if the organization did not employ four or more individuals for some portion of a day in each of twenty different weeks, whether or not such weeks were consecutive, in the first named calendar year, or was not otherwise subject to this Act. Accordingly, coverage may be terminated as of January 1 of said calendar year and contributions paid with respect to employment subsequent to said date may be refunded. Such refunds shall not operate to decrease the wage credits of any individual. For the purpose of this subsection, the two or more employing units mentioned in paragraph (2) or (3) of Section 19 (g) shall be treated as a single employing unit. Notwithstanding the foregoing provisions, the liability of an employer may be terminated by the Commissioner when it appears that such employer had no employment during a calendar year, or when it appears that after selling all of his business, the employer did not employ at least one individual for some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in the next succeeding calendar year, and did not pay for services in employment wages of $1,500 or more in a calendar quarter within such next succeeding calendar year, or in the case of a nonprofit organization did not employ four or more individuals for some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, within the next succeeding calendar year. (1) In the case of an employer liable for domestic coverage which did not pay for services in domestic employment remuneration in cash of $1,000 or more during any calendar quarter in the current or preceding year shall cease to be an employer subject to the domestic coverage provisions of this Act as of the first day of January of such calendar year, provided the employer files with the Commissioner, prior to the thirtieth day of April of the next succeeding year, a written application for termination of domestic coverage, and the Commissioner finds the employer has not, during the current or preceding year, paid remuneration in cash of $1,000 or more for domestic services in any calendar quarter. Accordingly, coverage may be terminated as of January 1 of said calendar year and contributions paid with respect to domestic employment subsequent to said date may be refunded. Such

Page 1032

refunds shall not operate to reduce the wage credits of any individual. (2) In the case of an employer liable for agricultural coverage which did not, during any calendar quarter in the current or preceding year, pay remuneration in cash of $20,000 or more to individuals employed in agricultural labor or did not for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in the current or preceding calendar year, have in employment 10 or more individuals, regardless of whether or not they were employed at the same moment of time, shall cease to be an employer subject to the agricultural provisions of this Act as of the first day of January of such calendar year, provided the employer files with the Commissioner, prior to the thirtieth day of April of the next succeeding year, a written application for termination of agricultural coverage, and the Commissioner finds there was not remuneration in cash of $20,000 or more paid by the employer for agricultural services within any calendar quarter of the first named calendar year, and also finds the employer did not for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, have in employment 10 or more individuals, regardless of whether or not they were employed at the same moment of time. Accordingly, coverage may be terminated as of January 1 of said calendar year and contributions paid with respect to agricultural employment subsequent to said date may be refunded. Such refunds shall not operate to reduce the wage credits of any individual., and inserting in lieu thereof a new subsection (b) to read as follows: (b) Termination of Liability. (1) Except as otherwise provided in subsection (c) of this Section, an employing unit liable under this Act, in order to terminate liability, must apply, in writing, to the Commissioner prior to April 30. If the Commissioner finds that such employer did not have employment in twenty different days, each day being in a different week within the completed preceding calendar year, within which such employing unit did not employ one or more individuals in employment and in the same calendar year did not pay for services in employment, wages of $1,500 or more in any calendar quarter or was not otherwise subject to this Act, then

Page 1033

such coverage shall be terminated as of January 1 of such completed preceding calendar year. In the case of non-profit organizations, if the Commissioner finds, the organization did not employ four or more individuals for some portion of a day in each of twenty different weeks, whether or not such weeks were consecutive, in the completed preceding calendar year, or was not otherwise subject to this Act, then such coverage shall be terminated as of January 1, of such completed preceding calendar year. Contributions paid with respect to covered employment for such completed preceding calendar year may be refunded. Such refunds shall not operate to decrease the wage credits of any individual. For the purpose of this paragraph, the two or more employing units mentioned in paragraphs (2) or (3) of Section 19(g) shall be treated as a single employing unit. (2) An employer liable for domestic coverage, in order to terminate such coverage, must apply, in writing, to the Commissioner prior to April 30. If the Commissioner finds that such employer did not pay for services in domestic employment remuneration in cash of $1,000 or more during any calendar quarter in the completed preceding calendar year, then domestic coverage shall be terminated as of January 1, of such completed preceding calendar year. Contributions paid with respect to domestic employment for such completed preceding calendar year may be refunded. Such refunds shall not operate to reduce the wage credits of any individual. (3) An employer liable for agricultural coverage, in order to terminate such coverage, must apply in writing, to the Commissioner prior to April 30. If the Commissioner finds that such employer did not, during any calendar quarter in the completed preceding calendar year, pay remuneration in cash of $20,000 or more to individuals employed in agricultural labor or did not for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in the completed preceding calendar year, have in employment 10 or more individuals, regardless of whether or not they were employed at the same moment of time, then agricultural coverage shall be terminated as of January 1, of such completed preceding calendar year. Contributions paid with respect to agricultural employment for such completed preceding calendar year may be refunded. Such refunds shall not operate to reduce the wage credits of any individual.

Page 1034

Notwithstanding the provisions in paragraphs (1), (2) and (3) of this subsection, the liability of an employer may be terminated by the Commissioner when it appears that such employer had no employment during a calendar year, or when it appears that after selling all of his business, the employer did not employ at least one individual for some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, in the next succeeding calendar year, and did not pay for services in employment wages of $1,500 or more in a calendar quarter within such next succeeding calendar year, or in the case of a nonprofit organization did not employ four or more individuals for some portion of a day in each of twenty different calendar weeks, whether or not such weeks were consecutive, within the next succeeding calendar year. Section 14. Said Act is further amended by striking in their entirety subsections (b) and (c) of Section 9 and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) Accounts and Deposits. - The Commissioner of Labor shall be custodian of the fund and he shall administer such fund and shall issue his warrants upon it in accordance with such regulations as he shall prescribe. He shall maintain within the fund three separate accounts: (1) a clearing account; (2) an unemployment trust fund account; and (3) a benefit account. All moneys payable to the fund shall, upon receipt thereof by the Commissioner, be immediately deposited by him in the clearing account. Refunds payable pursuant to subsection (d) of Section 14 and Section 19(h)(14)(F) of this Act may be paid from the clearing account of the benefit account upon warrants issued by the Commissioner. After clearance thereof, all other moneys in the clearing account shall be immediately deposited with the Secretary of the Treasury of the United States of America to the credit of the account of this State in the Unemployment Trust Fund established and maintained pursuant to Section 904 of the Social Security Act, as amended, any provisions of law in this State relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this State to the contrary notwithstanding. The benefit account shall consist of all moneys requisitioned from this State's account in the Unemployment Trust Fund. Except as herein otherwise provided, moneys in the clearing and benefit accounts may be deposited by the Commissioner in any bank or public depository in which general funds of the State may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund; provided that any charges for exchange on

Page 1035

local bank checks in payment of contributions may be paid as expense of collection from the administrative fund. Such money shall be secured by the depository bank to the same extent and in the same manner as required by the general depository laws of this State; and collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral pledged to secure the other funds of the State. The Commissioner of Labor shall be liable on his official bond for the faithful performance of his duties in connection with the Unemployment Compensation Fund as provided under this Act. Such liability on the official bond shall be effective immediately upon the enactment of this provision, and such liability shall exist in addition to the liability upon any separate bond existent on the effective date of this provision, or which may be given in the future. All sums recovered on any surety bond for losses sustained by the Unemployment Compensation Fund shall be deposited in said fund. (c) Withdrawals. - Money shall be requisitioned from this State's account in the Unemployment Trust Fund solely for the payment of regular benefits and extended benefits, and for refunds pursuant to subsection (d) of Section 14 and Section 19(h)(14)(F) of this Act and in accordance with regulations prescribed by the Commissioner, except that money credited to this State's account pursuant to Section 903 of the Social Security Act, as amended, may be requisitioned and used exclusively as hereinafter provided. The Commissioner shall from time to time requisition from the Unemployment Trust Fund such amounts, not exceeding the amount standing to this State's account standing therein, as he deems necessary for the payment of benefits for a reasonable future period. Upon receipt thereof, the Commissioner shall deposit such moneys in the benefit account which shall be used solely for the payment of regular benefits and extended benefits or refunds upon requisition of the Commissioner as authorized herein. Withdrawal of such moneys in the benefit account or issuance of warrants thereon shall not be subject to any provisions of law requiring specific appropriations or other formal releases of State officers of money in their custody. The Commissioner's requisitions for lump sum withdrawals for the payment of individual benefit claims shall not exceed in any event the balance of funds in the Unemployment Trust Fund, and such requisition shall be in an amount estimated to be necessary for benefit payments for such reasonable future period as the Commissioner may by regulation prescribe. Such lump sum amounts, when received by

Page 1036

the Commissioner, shall be immediately deposited by him in the `benefit account' maintained in the name of the Commissioner in such bank or public depository and under such conditions as the Commissioner determines necessary, provided that such bank or public depository shall be one in which general funds of the State may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund; provided, further, that such moneys shall be secured by the depository bank to the same extent and in the same manner as required by the general laws of this State governing depositories of State funds, and collateral pledged for this purpose of bonds given for this purpose shall be kept separate and distinct from any collateral or bonds pledged or given to secure other funds of the State. The Commissioner or his duly authorized representative is authorized to draw and issue his checks on the said benefit account for the payment of individual benefit claims. Any balance of moneys requisitioned from the Unemployment Trust Fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for and may be utilized for the payment of benefits during succeeding periods or, in the discretion of the Commissioner, shall be redeposited with the Secretary of the Treasury of the United States to the credit of this State's account in the Unemployment Trust Fund as provided in subsection (b) of this Section. Money credited to the account of this State 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, may be requisitioned and used in the payment of expenses incurred for the administration of this Act pursuant to a specific appropriation by the legislature, provided that the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which: (1) Specifies the purposes for which such money is appropriated and the amount appropriated therefor; (2) Limits the period within which such money may be expended to a period ending not more than two years after the date of the enactment of the appropriation law; and (3) Limits the amount which may be obligated during any twelve-month period beginning on July 1 and ending on the next June 30 to an amount which does not exceed the amount by which

Page 1037

(A) the aggregate of the amounts credited to the account of this State pursuant to Section 903 of the Social Security Act, as amended, during the same twelve-month period and the twenty-four preceding twelve-month periods, exceeds (B) the aggregate of the amounts obligated pursuant to this subsection and charged against the amounts credited to the account of this State during such twenty-five twelve-month periods. For the purposes of this subsection, amounts obligated during any such twelve-month period shall be charged against equivalent amounts which were first credited and which are not already so charged, except that no amount obligated for administration during a twelve-month period specified herein may be charged against any amount credited during such a twelve-month period earlier than the twenty-fourth preceding such period. Money credited to the account of this State pursuant to Section 903 of the Social Security Act, as amended, may not be withdrawn or used except for the payment of benefits or for the payment of expenses for the administration of this Act and of public employment offices pursuant to this subsection. Money appropriated for the payment of expenses of administration pursuant to this subsection shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, shall be deposited in the Employment Security Administration Fund but, until expended, shall remain a part of the Unemployment Trust Fund. The Commissioner shall maintain a separate record of the deposit, obligation, expenditure, and return of funds so deposited. If any money so deposited is, for any reason, not to be expended for the purpose for which it was appropriated, it shall be returned promptly to the Secretary of the Treasury of the United States for credit to this State's account in the Unemployment Trust Fund. There is authorized to be appropriated by the General Assembly to the Department of Labor any part of or all money credited to the account of this State 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, and as provided herein. Section 15. Said Act is further amended by striking in its entirety paragraph (1) of subsection (b) of Section 14 and inserting in lieu thereof a new paragraph (1) to read as follows:

Page 1038

(1) If, after due notice, any employer defaults in any payment of contributions or interest thereon, the amount due, including any penalty, may be collected by civil action in the name of the Commissioner, and the employer adjudged in default shall pay the cost of such action. Civil actions brought under this Section to collect contributions, interest or penalty thereon from an employer shall be heard by the court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this Act and cases arising under the Workers' Compensation Law of this State, and other actions to which the State is a material party, which are now given precedence. Any employer failing to make return or to pay the contributions levied under this Chapter for a period of ninety days after the end of the calendar quarter for which the reports and contributions are due, and who has not ceased to be an employer as provided therein, may be enjoined from employing individuals in employment as defined in this Chapter upon the complaint of the Commissioner, or his designate, in the Superior Court of any county in which said employer may be doing business; and such employer so failing to make return or to pay contributions levied hereunder shall be enjoined from employing individuals in employment until such return shall have been made and the contributions shown to be due thereunder paid to the Commissioner. Section 16. Said Act is further amended by adding a new subsection (d) to Section 15 to read as follows: (d) Effective with new applications for unemployment compensation on and after October 1, 1982, each claimant shall disclose to the Employment Security Agency whether or not such claimant owes child support obligations: (1) The Employment Security Agency shall notify the State or local child support enforcement agency that such individual owes child support obligations and is eligible for unemployment compensation. (2) The Employment Security Agency shall cause to be deducted and withheld from any unemployment compensation otherwise payable to such claimant:

Page 1039

(A) the amount specified by the claimant to be deducted and withheld; or (B) the amount determined pursuant to an agreement submitted to the Employment Security Agency by the State or local child support enforcement agency; or (C) any amount otherwise required to be so deducted and withheld from such unemployment compensation which has been determined through legal process. (3) Any amount so deducted and withheld pursuant to subparagraphs (A), (B) or (C) of paragraph (2) of this subsection shall be paid to the appropriate State or local child support enforcement agency. (4) Any amount deducted and withheld pursuant to this subsection shall for all purposes be treated as if it were paid to the claimant as unemployment compensation and then paid by such claimant to the State or local child support enforcement agency in satisfaction of the claimant's child support obligations. Section 17. Said Act is further amended by striking in its entirety subsection (f) of Section 16 and inserting in lieu thereof a new subsection (f) to read as follows: (f) Any person who makes a false statement or misrepresentation as to a material fact, knowing the same to be false or who knowingly fails to disclose a material fact to obtain or increase benefits under this Act, either for himself or for any other person, or who knowingly accepts benefits under this Act to which he is not entitled, shall, upon an appropriate finding by the Commissioner, cease to be eligible and shall forfeit all unpaid benefits for any weeks of unemployment subsequent to the date of the determination issued by the Commissioner covering said act and/or omission, including any unpaid benefits to which he would otherwise be entitled during the remainder of any incompleted calendar quarter in which said determination is made and the next four complete calendar quarters immediately following the date of said determination; provided such person shall be required to repay benefits received for any week as specified in said determination; provided further, that no determination may be made more than four years after such occurrence, act, or omission. Any such determination by the Commissioner may be

Page 1040

appealed in the same manner as provided for the appeal from an initial determination in Section 6 of this Act. The provisions of this subsection shall be in addition to, and not in lieu of, any provision contained in any of the other subsections of this Section. Section 18. Said Act is further amended by striking in its entirety subparagraph (E) of paragraph (14) of subsection (h) of Section 19 and inserting in lieu thereof a new subparagraph (E) to read as follows: (E) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of 21 in the employ of his father or mother. Section 19. Said Act is further amended by striking in its entirety subparagraph (K) of paragraph (14) of subsection (h) of Section 19 and inserting in lieu thereof a new subparagraph (K) to read as follows: (K) Services performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to State law; and service performed in the employ of a hospital in a clinical training program for a period of one year by an individual immediately following the completion of a four years' course in a medical school chartered or approved pursuant to State law. Section 20. Said Act is further amended by striking in its entirety Section 21C, which reads as follows: Section 21C. If those parts of P.L. 91-373 and P.L. 94-566 which mandate public employee coverage are ultimately and finally adjudicated unconstitutional by the U. S. Supreme Court or any inferior Federal Court from which an appeal is not made and its determination becomes final, then it is the intention of the Georgia General Assembly that such parts of the Georgia Employment Security Act which require the coverage of public employees in this State are hereby repealed upon the effective date of such Court decision. If at any time by any Federal Court there is a stay pendente lite issued regarding public coverage of employees in this State mandated by P.L. 91-373 and P.L. 94-566, then the coverage of such employees

Page 1041

under this Act pursuant to such Court order is automatically suspended for such period of time that the stay pendente lite is in effect, or until final adjudication. Part 2 Section 21. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking in its entirety subsection (b) of Code Section 34-8-3, which reads as follows: (b) (1) Except as otherwise provided in subsection (c) of this Code section, an employing unit shall cease to be an employer subject to this chapter as of January 1 of any calendar year only if it files with the Commissioner prior to April 30 of the next succeeding year a written application for termination of coverage and the Commissioner finds that there were no 20 different days, each day being in a different week within the first named calendar year, within which such employing unit employed one or more individuals in employment and in the first named calendar year did not pay for services in employment wages of $1,500.00 or more in a calendar quarter or was not otherwise subject to this chapter; or, in the case of a nonprofit organization, if the organization did not employ four or more individuals for some portion of a day in each of 20 different weeks, whether or not such weeks were consecutive, in the first named calendar year or was not otherwise subject to this chapter. Accordingly, coverage may be terminated as of January 1 of such calendar year and contributions paid with respect to employment subsequent to said date may be refunded. Such refunds shall not operate to decrease the wage credits of any individual. For the purpose of this subsection, the two or more employing units mentioned in paragraph (3) or (4) of Code Section 34-8-38 shall be treated as a single employing unit. Notwithstanding the foregoing provisions, the liability of an employer may be terminated by the Commissioner when it appears that such employer had no employment during a calendar year or when it appears that, after selling all of his business, the employer did not employ at least one individual for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in the next succeeding calendar year and did not pay for services in employment wages of $1,500.00 or more in a calendar quarter within such next succeeding calendar year or, in the case of a nonprofit organization, did not employ four or more

Page 1042

individuals for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, within the next succeeding calendar year. (2) An employer liable for domestic coverage which did not pay for services in domestic employment remuneration in cash of $1,000.00 or more during any calendar quarter in the current or preceding year shall cease to be an employer subject to the domestic coverage provisions of this chapter as of January 1 of such calendar year, provided the employer files with the Commissioner prior to April 30 of the next succeeding year a written application for termination of domestic coverage and the Commissioner finds the employer has not during the current or preceding year paid remuneration in cash of $1,000.00 or more for domestic services in any calendar quarter. Accordingly, coverage may be terminated as of January 1 of said calendar year and contributions paid with respect to domestic employment subsequent to said date may be refunded. Such refunds shall not operate to reduce the wage credits of any individual. (3) An employer liable for agricultural coverage which did not during any calendar quarter in the current or preceding year pay remuneration in cash of $20,000.00 or more to individuals employed in agricultural labor or did not for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in the current or preceding calendar year, have in employment ten or more individuals, regardless of whether or not they were employed at the same time, shall cease to be an employer subject to the agricultural provisions of this chapter as of January 1 of such calendar year, provided the employer files with the Commissioner prior to April 30 of the next succeeding year a written application for termination of agricultural coverage and the Commissioner finds there was not remuneration in cash of $20,000.00 or more paid by the employer for agricultural services within any calendar quarter of the first named calendar year and also finds the employer did not for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, have in employment ten or more individuals, regardless of whether or not they were employed at the same time. Accordingly, coverage may be terminated as of January 1 of said calendar year and contributions paid with respect to agricultural employment subsequent to said date may be refunded. Such refunds shall not operate to reduce the wage credits of any individual.,

Page 1043

and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) Except as provided in subsection (c) of this Code section, an employing unit liable under this chapter, in order to terminate liability, must apply, in writing, to the Commissioner prior to April 30. If the Commissioner finds that such employer did not have employment in 20 different days, each day being in a different week within the completed preceding calendar year, within which such employing unit did not employ one or more individuals in employment and in the same calendar year did not pay for services in employment wages of $1,500.00 or more in any calendar quarter or was not otherwise subject to this chapter, then such coverage shall be terminated as of January 1 of such completed preceding calendar year. In the case of nonprofit organizations, if the Commissioner finds the organization did not employ four or more individuals for some portion of a day in each of 20 different weeks, whether or not such weeks were consecutive, in the completed preceding calendar year or was not otherwise subject to this chapter, then such coverage shall be terminated as of January 1 of such completed preceding calendar year. Contributions paid with respect to covered employment for such completed preceding calendar year may be refunded. Such refunds shall not operate to decrease the wage credits of any individual. For the purpose of this subsection, the two or more employing units mentioned in paragraph (3) or (4) of Code Section 34-8-38 shall be treated as a single employing unit. (2) An employer liable for domestic coverage, in order to terminate such coverage, must apply, in writing, to the Commissioner prior to April 30. If the Commissioner finds that such employer did not pay for services in domestic employment remuneration in cash of $1,000.00 or more during any calendar quarter in the completed preceding calendar year, then domestic coverage shall be terminated as of January 1 of such completed preceding calendar year. Contributions paid with respect to domestic employment for such completed preceding calendar year may be refunded. Such refunds shall not operate to reduce the wage credits of any individual. (3) An employer liable for agricultural coverage, in order to terminate such coverage, must apply, in writing, to the Commissioner prior to April 30. If the Commissioner finds that such employer did not, during any calendar quarter in the completed

Page 1044

preceding calendar year, pay remuneration in cash of $20,000.00 or more to individuals employed in agricultural labor or did not for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in the completed preceding calendar year have in employment ten or more individuals, regardless of whether or not they were employed at the same time, then agricultural coverage shall be terminated as of January 1 of such completed preceding calendar year. Contributions paid with respect to agricultural employment for such completed preceding calendar year may be refunded. Such refunds shall not operate to reduce the wage credits of any individual. Notwithstanding the provisions in paragraphs (1), (2), and (3) of this subsection, the liability of an employer may be terminated by the Commissioner when it appears that such employer had no employment during a calendar year or when it appears that, after selling all of his business, the employer did not employ at least one individual for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in the next succeeding calendar year and did not pay for services in employment wages of $1,500.00 or more in a calendar quarter within such next succeeding calendar year or, in the case of a nonprofit organization, did not employ four or more individuals for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, within the next succeeding calendar year. Section 22. Said chapter is further amended by adding between Code Sections 34-8-7 and 34-8-8 a new Code section, to be designated Code Section 34-8-7.1, to read as follows: 34-8-7.1. (a) Effective with new applications for unemployment compensation on and after October 1, 1982, each claimant shall disclose to the Employment Security Agency whether or not such claimant owes child support obligations. (b) The Employment Security Agency shall notify the state or local child support enforcement agency that such individual owes child support obligations and is eligible for unemployment compensation. (c) The Employment Security Agency shall cause to be deducted and withheld from any unemployment compensation otherwise payable to such claimant:

Page 1045

(1) The amount specified by the claimant to be deducted and withheld; (2) The amount determined pursuant to an agreement submitted to the Employment Security Agency by the state or local child support enforcement agency; or (3) Any amount otherwise required to be so deducted and withheld from such unemployment compensation which has been determined through legal process. (d) Any amount so deducted and withheld pursuant to paragraphs (1), (2), or (3) of subsection (c) shall be paid to the appropriate state or local child support enforcement agency. (e) Any amount deducted and withheld pursuant to this Code section shall for all purposes be treated as if it were paid to the claimant as unemployment compensation and then paid by such claimant to the state or local child support enforcement agency in satisfaction of the claimant's child support obligations. Section 23. Said chapter is further amended by striking in its entirety Code Section 34-8-18, which reads as follows: 34-8-18. (a) If those parts of P.L. 91-373 and P.L. 94-566 which mandate public employee coverage are ultimately and finally adjudicated unconstitutional by the United States Supreme Court or any inferior federal court from which an appeal is not made and its determination becomes final, then it is the intention of the General Assembly that the parts of this chapter which require the coverage of public employees in this state are repealed upon the effective date of such court decision. (b) If at any time by any federal court there is a stay pendente lite issued regarding public coverage of employees in this state mandated by P.L. 91-373 and P.L. 94-566, then the coverage of such employees under this chapter pursuant to such court order is automatically suspended for such period of time that the stay pendente lite is in effect, or until final adjudication., and inserting in lieu thereof a new Code Section 34-8-18 to read as follows:

Page 1046

34-8-18. In the event any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this chapter shall be ruled out of conformity with federal law by the United States Secretary of Labor, such section or subsection shall be null and void and of no force and effect. The General Assembly declares that it would have passed the remaining parts of this chapter if it had known that such part or parts hereof would be declared out of conformity with federal law by the United States Secretary of Labor. Section 24. Said chapter is further amended by striking in its entirety Code Section 34-8-33 and inserting in lieu thereof a new Code Section 34-8-33 to read as follows: 34-8-33. As used in this chapter, the term `benefit year,' with respect to any individual, means the one-year period beginning with the day as of which he first files a valid claim, and thereafter the one-year period beginning with the day as of which he next files a valid claim after the end of his last preceding benefit year. Any claim for benefits made in accordance with Code Section 34-8-170 shall be deemed to be a `valid claim' for the purposes of this Code section if the individual has been paid the wages for insured work required under paragraph (5) of subsection (a) of Code Section 34-8-151. In the case of a combined wage claim pursuant to Code Section 34-8-80, the benefit year shall be that applicable under the unemployment compensation law of the paying state. Section 25. Said chapter is further amended by striking in its entirety paragraph (5) of subsection (o) of Code Section 34-8-40 and inserting in lieu thereof a new paragraph (5) to read as follows: (5) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of 21 in the employ of his father or mother;. Section 26. Said chapter is further amended by striking in its entirety paragraph (9) of subsection (o) of Code Section 34-8-40 and inserting in lieu thereof a new paragraph (9) to read as follows: (9) Services performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to state law; and service performed in the employ of a hospital in a clinical training program for a period of one

Page 1047

year by an individual immediately following the completion of a four-year course in a medical school chartered or approved pursuant to state law;. Section 27. Said chapter is further amended by striking Code Section 34-8-151 in its entirety and inserting in lieu thereof a new Code Section 34-8-151 to read as follows: 34-8-151. (a) An unemployed individual shall be eligible to receive benefits with respect to any week only if such unemployed individual shows to the satisfaction of the Commissioner that: (1) He has registered for work at and thereafter has continued to report to an employment office in accordance with such regulations as the Commissioner may prescribe, except that the Commissioner may, by regulation, waive or alter either or both the requirements of this paragraph as to such types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or would be inconsistent with the purposes of this chapter; (2) He has, while unemployed or while employed less than full time during a regular work week if his deductible earnings (any amount over $8.00) do not equal or exceed his weekly benefit amount, made a claim for benefits in accordance with Code Section 34-8-170; (3) He is able to work, and is available for work, and has actively and in good faith sought employment, and is actively and in good faith seeking employment, and is bona fide in the labor market; provided, however, that no individual shall be considered available for work or receive benefits for any period that: (A) He is away from work on vacation or leave of absence at his own request; (B) He is away from work for a vacation period as provided for in an employment contract; or (C) He is away from work for a vacation period, in the absence of an employment contract covering the subject, by reason of an established employer custom, practice, or policy as evidenced by custom or practice for the prior year or years;

Page 1048

provided, however, that in the absence of custom or practice for the prior year or years, a vacation policy and practice may be established by the employer by an announcement, at least 90 days prior to the beginning of the scheduled vacation period, of a paid vacation plan applicable generally to his employees who meet the eligibility requirements of the plan. In no event, however, shall an employee be held unavailable for work or ineligible for benefits under subparagraph (B) or (C) of this paragraph for a period in excess of two weeks in any calendar year when such employee is not paid for such period directly or indirectly by the employer or from a fund contributed to by the employer, and provided that the usual eligibility requirements shall apply to individuals or groups laid off due to lack of work or for a purported vacation not meeting the conditions set forth in subparagraphs (B) and (C) of this paragraph. Notwithstanding any other provisions in this paragraph, no otherwise eligible individual shall be denied benefits for any week because he is in training with the approval of the Commissioner, nor shall such individual be denied benefits with respect to any week in which he is in training with the approval of the Commissioner by reason of the application of the provisions of this paragraph relating to availability for work or active search for work or the provisions of paragraph (3) of Code Section 34-8-158 relating to failure to apply for or a refusal to accept suitable work; (4) He has been unemployed for a waiting period of one week, unless such person is unemployed through no fault of his own. No week shall be counted as a week of unemployment for the purposes of this subsection: (A) Unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits; or (B) If benefits have been paid with respect thereto; or (C) Unless the individual was eligible for benefits with respect thereto, as provided in this Code section and Code Section 34-8-158, except for the requirements of this paragraph and of paragraph (6) of Code Section 34-8-158;

Page 1049

(5) He has been paid sufficient wages for insured work to qualify for a weekly benefit amount as provided in Code Section 34-8-153; (6) He has, since the effective date of his last established previous benefit year, performed services in bona fide employment and earned insured wages for such services equal to at least eight times the weekly benefit amount of the new benefit year claim; and (7) He has, since retiring of his own volition to receive a pension, performed services in bona fide employment and earned insured wages for such services equal to at least eight times the weekly benefit amount. (b) A claimant shall not be deemed ineligible or disqualified for benefits because he is in training approved by the Secretary of Labor pursuant to the Trade Act of 1974, as amended, even though he voluntarily quit work which was not suitable to enter such training or he is not able, available, or actively seeking work or he refused work during any week of such training. For the purpose of this subsection, the term `suitable work' means, with respect to a claimant, work of a substantially equal or higher skill level than the claimant's past adversely affected work and wages for such work are not less than 80 percent of the claimant's average weekly wage in the adversely affected work; provided, however, no claimant shall be deemed ineligible or disqualified for benefits by operation of paragraph (8) of subsection (a) of Code Section 34-8-155 who is in approved training as referred to in this subsection; provided, further, should the employer respond timely and such voluntary separation on the part of the claimant is without good cause in connection with his most recent work, such employer's experience rating account shall not receive charges for any benefits paid as provided for in subsection (d) of Code Section 34-8-11; provided, further, should the claimant refuse suitable work while in training and the employer files timely information as provided by regulation, such employer's experience rating account shall not be charged; provided, further, pursuant to paragraph (3) of Code Section 34-8-158, no employer under Code Section 34-8-123 who has elected to make payments in lieu of contributions is subject to relief of charges under this subsection. Section 28. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 34-8-155 and inserting in lieu thereof a new paragraph (3) to read as follows:

Page 1050

(3) `Extended benefit period' means a period which: (A) Begins with the third week after a week for which there is a state `on' indicator; and (B) Ends with either of the following weeks, whichever occurs later: (i) The third week after the first week for which there is a state `off' indicator; or (ii) The thirteenth consecutive week of such period. However, no extended benefit period may begin by reason of a state `on' indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state. There is a state `on' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment under the state law for the period (1) equaled or exceeded 120 percent of the average of such rates for the corresponding 13 week period ending in each of the preceding two calendar years and (2) equaled or exceeded 5 percent. There is a state `off' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, either (1) or (2) above is not satisfied. Section 29. Said chapter is further amended by striking in its entirety paragraph (5) of subsection (a) of Code Section 34-8-155 and inserting in lieu thereof a new paragraph (5) to read as follows: (5) `Rate of insured unemployment,' for purposes of paragraph (3) of this subsection, means the percentage derived by dividing: (A) The average weekly number of individuals filing claims in this state, but not including individuals filing claims for extended benefits nor including regular benefits claimed by federal civilian employees and ex-servicemen, for weeks of unemployment with respect to the most recent 13 consecutive-week period, as determined by the Commissioner on the basis of his reports to the United States secretary of labor, by

Page 1051

(B) The average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of such 13 week period. Section 30. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-8-155 and inserting in lieu thereof a new subsection (c) to read as follows: (c) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the Commissioner finds that with respect to such week: (1) He is an `exhaustee,' as defined in paragraph (2) of subsection (a) of this Code section; and (2) He has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; provided, however, that, for weeks of unemployment beginning on or after June 1, 1981, the total extended benefits otherwise payable to an individual who has filed an interstate claim under the interstate benefit payment plan shall not exceed two weeks whenever an extended benefit period is not in effect for such week in the state where the claim is filed; provided, further, that, for weeks of unemployment beginning on or after March 31, 1981, if an individual has been disqualified, in his most recent benefit year or on his extended benefit claim, only those who are required to return to work and to earn additional insured wages in employment in order to terminate this disqualification and who satisfy this requirement shall be eligible to receive extended benefits; provided, further, if the benefit year of a claimant ends within an extended benefit period, the number of weeks of extended benefits that such claimant would be entitled to in that extended benefit period, but for this subsection, shall be reduced, but not below zero, by the number of weeks for which the claimant was entitled to trade readjustment allowances during such benefit year. For purposes of this subsection, the terms `benefit year' and `extended benefit period' shall have the same respective meanings. Section 31. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 34-8-155 and inserting in lieu thereof a new subsection (f) to read as follows:

Page 1052

(f) Whenever an extended benefit period is to become effective in this state as a result of the state `on' indicator or whenever an extended benefit period is to be terminated in this state as a result of the state `off' indicator, the Commissioner shall make an appropriate announcement. Section 32. Said chapter is further amended by striking in its entirety paragraph (7) of Code Section 34-8-158 and inserting in lieu thereof a new paragraph (7) to read as follows: (7) If while attending a training course as provided in Code Section 34-8-151, he voluntarily ceases attending such course without good cause. Such disqualification shall continue pursuant to the provisions of paragraph (1) of this Code section. However, if any individual is separated from training approved under paragraph (3) of Code Section 34-8-151 due to his own failure to abide by rules of the training facility, he shall be disqualified for benefits under the provisions of paragraph (2) of Code Section 34-8-158. Section 33. Said chapter is further amended by striking Code Section 34-8-160 in its entirety and inserting in lieu thereof a new Code Section 34-8-160 to read as follows: 34-8-160. Any person who makes a false statement or misrepresentation as to a material fact, knowing the same to be false, or who knowingly fails to disclose a material fact to obtain or increase benefits under this chapter, either for himself or for any other person, or who knowingly accepts benefits under this chapter to which he is not entitled shall, upon an appropriate finding by the Commissioner, cease to be eligible and shall forfeit all unpaid benefits for any weeks of unemployment subsequent to the date of the determination issued by the Commissioner covering said act or omission, including any unpaid benefits to which he would otherwise be entitled during the remainder of any incomplete calendar quarter in which said determination is made and the next four complete calendar quarters immediately following the date of said determination; provided, however, such person shall be required to repay benefits received for any week as specified in said determination; provided, further, that no determination may be made more than four years after such occurrence, act, or omission. Any such determination by the Commissioner may be appealed in the same manner as provided for the appeal from an initial determination in Article 7 of this chapter. The provisions of this Code section shall be in addition to, and not in lieu of, any

Page 1053

provision contained in any of the other Code sections in this chapter. Section 34. Said chapter is further amended by striking Code Section 34-8-171 in its entirety and inserting in lieu thereof a new Code Section 34-8-171 to read as follows: 34-8-171. (a) An examiner designated by the Commissioner shall take the claim. An initial determination thereon shall be made promptly and shall include a determination with respect to whether or not benefits are payable, the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum duration of benefits. (b) Whenever a determination involves the application of paragraph (4) of Code Section 34-8-158 or involves multiple claimants and difficult issues of fact or law, the Commissioner may refer the case to an appeals tribunal for hearing and decision in accordance with Code Section 34-8-173. (c) The claimant and any other parties to the determination or redetermination shall be promptly notified of the initial determination or redetermination and the reasons therefor. (d) A determination shall be deemed final unless a party entitled to notice thereof applies for reconsideration of the determination or appeals therefrom within ten days after the notice was mailed to his last known address or otherwise delivered to him. (e) A redetermination on an application for reconsideration shall be deemed final unless a party entitled to notice thereof files an appeal within ten days after the notice was mailed to his last known address or otherwise delivered to him. (f) Notwithstanding any provision in this Code section or Code Sections 34-8-158, 34-8-170, 34-8-172 through 34-8-174, and 34-8-176, benefits shall be paid promptly in accordance with a determination or redetermination under this Code section or the decision of an appeals tribunal, the Board of Review, or a reviewing court allowing benefits upon the issuance of such determination, redetermination, or decision, without such payments being withheld pending outcome of application for reconsideration, hearing of an appeal, review by the Board of Review, or decision of a court, unless and until such determination, redetermination, or decision has been modified or

Page 1054

reversed by a subsequent redetermination or decision, in which event benefits shall be paid or denied for weeks of unemployment in accordance with such modifying or reversing redetermination or decision. However, neither the Board of Review nor any court shall issue an injunction, supersedeas, stay, or other writ or process suspending the payment of such benefits pending the disposition of such appeal. Part 3 Section 35. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) (1) Section 3 in Part 1 of this Act shall become effective for weeks of unemployment beginning after September 25, 1982. (2) Part 2 of this Act shall become effective on November 1, 1982. Section 36. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. INSURANCE PREMIUM FINANCE COMPANIES. Code Section 33-22-16 Amended. No. 1330 (House Bill No. 1237). AN ACT To amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, so as to

Page 1055

make the provisions of said chapter applicable to insurance agents, agencies, or brokers under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, is amended by striking Code Section 33-22-16 in its entirety and inserting in lieu thereof a new Code Section 33-22-16 to read as follows: 33-22-16. This chapter shall not apply with respect to: (1) Any insurance company authorized to do business in this state; (2) Any bank, trust company, savings and loan association, credit union, or other lending institution authorized to transact business in this state that does not possess or acquire any right, title, or interest with respect to the insurance policy for which the premiums are financed other than in the proceeds of the insurance policy in the event of loss; (3) The inclusion of a charge for insurance in connection with an installment sale in accordance with Article 1 of Chapter 1 of Title 10; (4) The financing of insurance premiums in this state in accordance with Article 1 of Chapter 4 of Title 7 relating to rates of interest; (5) Insurance premiums in connection with the kinds of business defined in Code Sections 33-7-4 (life insurance) and 33-7-2 (accident and sickness insurance); or (6) Any insurance agent, agency, or broker as defined in Code Section 33-23-40 who only finances premiums on policies written by or through such agent, agency, or broker, unless such

Page 1056

agent, agency, or broker wishes to charge, contract for, receive, or collect the service charges, delinquency charges, and other fees or charges permitted under this chapter; in which event such agent, agency, or broker shall be required to comply with all of the provisions of this chapter except for the provisions of paragraph (4) of subsection (b) of Code Section 33-22-4, relating to the necessity of showing convenience or advantage to the community in order to obtain a license. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GEORGIA BOARD OF DENTISTRY ACT AMENDED. Code Section 84-702 Amended. Code Title 43, Chapter 11 Amended. No. 1331 (House Bill No. 1251). AN ACT To amend Code Section 84-702, relating to the composition of the Georgia Board of Dentistry, as amended, so as to continue the Georgia Board of Dentistry and the laws relating thereto but to provide for the later termination of that board and those laws; to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for the same change described above as well as to change certain reporting requirements; to change certain citizenship requirements for licensure; to delete provisions relating to conditional licenses; to provide for license display; to change provisions regarding certain accusations; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

Page 1057

Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 84-702, relating to the composition of the Georgia Board of Dentistry, as amended, is amended by adding at the end thereof a new subsection (h) to read as follows: (h) Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Georgia Board of Dentistry and the laws relating thereto are hereby continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Part 2 Section 2. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, is amended by striking Code Section 43-11-6, which reads as follows: 43-11-6. (a) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (b) The board shall make an annual report of its proceedings to the Georgia Dental Association, including all moneys received and disbursed under this chapter., and inserting in its place a new Code Section 43-11-6 to read as follows:

Page 1058

43-11-6. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. Section 3. Said chapter is further amended by striking Code Section 43-11-23, which reads as follows: 43-11-23. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Dentistry shall be terminated on July 1, 1982, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8., and inserting in its place a new Code Section 43-11-23 to read as follows: 43-11-23. Pursuant to Code Section 43-2-3 of the Official Code of Georgia Annotated, relating to the continuation or reestablishment of regulatory agencies, the Georgia Board of Dentistry and the laws relating thereto are continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Section 4. Said chapter is further amended by striking subsection (b) of Code Section 43-11-40 and inserting in its place a new subsection (b) to read as follows: (b) All applications to the board for a license shall be made through the joint-secretary, who shall then submit all such applications to the board for review and approval. These applications shall be received by the joint-secretary not later than 45 days before the date set for the next session of the board.

Page 1059

Section 5. Said chapter is further amended by striking Code Section 43-11-41, which reads as follows: 43-11-41. All holders of Georgia licenses to practice dentistry who do not currently maintain residence and domicile in this state shall be authorized to receive a conditional license as follows: (1) Any dentist who does not currently maintain residence and domicile in this state shall be issued a conditional renewal certificate upon application for and payment of a fee to be set by the board by rule, in the manner and at the time as provided in Code Section 43-11-46, requiring biennial registration of all dentists licensed to practice dentistry in this state; and such dentists who do not currently maintain residence and domicile in this state cannot practice in this state until the current renewal certificate is obtained; (2) No renewal certificate shall be issued to the holder of a conditional renewal certificate if, for good cause, the board determines that the applicant has not maintained the degree of professional skill and knowledge required when he was first licensed in this state, or has become physically or mentally incompetent, or has been guilty of immoral conduct. The board may, in its discretion, require such person to demonstrate to the board that he has maintained such professional skills and knowledge and has not been guilty of conduct which would warrant suspension or revocation of a license under the laws of this state; and (3) Any holder of a conditional license must apply to the board in writing for consideration of issuance of a renewal certificate. Section 6. Said chapter is further amended by adding immediately following Code Section 43-11-45 a new Code Section 43-11-45.1 to read as follows: 43-11-45.1. Every person licensed under this article shall display such license in a conspicuous place in such person's principal place of business. Section 7. Said chapter is further amended by striking subsection (a) of Code Section 43-11-48 and inserting in its place a new subsection (a) to read as follows:

Page 1060

(a) Proceedings under this chapter shall be taken by the board from matters within its knowledge or upon accusation based upon information of another. Such accusation must be in writing and signed by the person making the same. If the accusation is made by a member of the board, he shall be disqualified from sitting in judgment at the hearing of the accusation. Upon receiving any such accusation, the board shall serve notice of the time and place of the hearing and a copy of the charges upon the accused at least 30 days before the date of hearing. Part 3 Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. SHERIFFS' RETIREMENT FUND OF GEORGIA ACT AMENDED. Code Section 47-16-24 Amended. No. 1332 (House Bill No. 1267). AN ACT To amend an Act creating the Sheriff's Retirement Fund of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended by

Page 1061

an Act approved April 9, 1968 (Ga. L. 1968, p. 1203), an Act approved April 23, 1969 (Ga. L. 1969, p. 586), an Act approved March 31, 1972 (Ga. L. 1972, p. 705), an Act approved April 17, 1973 (Ga. L. 1973, p. 892), an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), an Act approved March 28, 1974 (Ga. L. 1974, p. 1191), an Act approved March 28, 1974 (Ga. L. 1974, p. 1194), an Act approved April 18, 1975 (Ga. L. 1975, p. 823), an Act approved April 18, 1975 (Ga. L. 1975, p. 830), an Act approved February 27, 1976 (Ga. L. 1976, p. 332), an Act approved March 23, 1977 (Ga. L. 1977, p. 645), an Act approved April 8, 1977 (Ga. L. 1977, p. 1291), an Act approved March 14, 1978 (Ga. L. 1978, p. 904), an Act approved April 3, 1978 (Ga. L. 1978, p. 1668), an Act approved April 3, 1978 (Ga. L. 1978, p. 1690), an Act approved April 13, 1979 (Ga. L. 1979, p. 994), an Act approved March 20, 1980 (Ga. L. 1980, p. 461), an Act approved March 20, 1980 (Ga. L. 1980, p. 768), an Act approved April 7, 1981 (Ga. L. 1981, p. 694), an Act approved April 9, 1981 (Ga. L. 1981, p. 918), an Act approved April 22, 1981 (Ga. L. 1981, p. 1853), and an Act approved April 22, 1981 (Ga. L. 1981, p. 1889), so as to remove the limitation from the compensation to be paid the secretary-treasurer of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 1203), an Act approved April 23, 1969 (Ga. L. 1969, p. 586), an Act approved March 31, 1972 (Ga. L. 1972, p. 705), an Act approved April 17, 1973 (Ga. L. 1973, p. 892), an Act approved April 19, 1973 (Ga. L. 1973, p. 1414), an Act approved March 28, 1974 (Ga. L. 1974, p. 1191), an Act approved March 28, 1974 (Ga. L. 1974, p. 1194), an Act approved April 18, 1975 (Ga. L. 1975, p. 823), an Act approved April 18, 1975 (Ga. L. 1975, p. 830), an Act approved February 27, 1976 (Ga. L. 1976, p. 332), an Act approved March 23, 1977 (Ga. L. 1977, p. 645), an Act approved April 8, 1977 (Ga. L. 1977, p. 1291), an Act approved March 14, 1978 (Ga. L.

Page 1062

1978, p. 904), an Act approved April 3, 1978 (Ga. L. 1978, p. 1668), an Act approved April 3, 1978 (Ga. L. 1978, p. 1690), an Act approved April 13, 1979 (Ga. L. 1979, p. 994), an Act approved March 20, 1980 (Ga. L. 1980, p. 461), an Act approved March 20, 1980 (Ga. L. 1980, p. 768), an Act approved April 7, 1981 (Ga. L. 1981, p. 694), an Act approved April 9, 1981 (Ga. L. 1981, p. 918), an Act approved April 22, 1981 (Ga. L. 1981, p. 1853), and an Act approved April 22, 1981 (Ga. L. 1981, p. 1889), is amended by striking from Section 7 the following: not to exceed $7,500.00 per annum, so that when so amended Section 7 shall read as follows: Section 7. There is hereby created the office of Secretary-Treasurer of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, who shall be elected and appointed by said board, and shall serve at the pleasure of said board. His compensation shall be fixed by said board, and he shall have such power and authority, and shall perform such duties and services as said board may direct. Part 2 Section 2. Code Section 47-16-24 of the Official Code of Georgia Annotated, relating to the office of secretary-treasurer of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, is amended by striking from subsection (a) the following: in an amount not to exceed $7,500.00 per annum, so that when so amended subsection (a) shall read as follows: (a) There is created the office of secretary-treasurer of the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia, who shall be elected and appointed by the board and shall serve at its pleasure. His compensation shall be fixed by the board. He shall have such power and authority and shall perform such duties and services as the board may direct. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on April 1, 1982.

Page 1063

(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GEORGIA PUBLIC SERVICE COMMISSION COST OF OPERATING. Code Sections 93-210, 46-2-10 Amended. No. 1333 (House Bill No. 1509). AN ACT To amend Georgia Code Section 93-210, relating to the assessment of public service corporation fees in an amount sufficient to cover the operating cost of the Georgia Public Service Commission, so as to clarify the method used to determine the amount of such fees in certain cases; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Georgia Code Section 93-210, relating to assessment of public service corporation fees sufficient to cover operating costs of the Georgia Public Service Commission, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 93-210 to read as follows:

Page 1064

93-210. Assessment of public service corporation fees in amount sufficient to cover operating cost of Georgia Public Service Commission. There shall be paid by all public service corporations or utilities, subject to the jurisdiction of the Public Service Commission, a special fee in addition to those now required by law. Such fee shall be fixed by the State Revenue Commissioner upon each of such public service corporations or utilities according to the value of its property as ascertained by the last preceding State tax assessment, and shall be apportioned among such public service corporations or utilities, upon the basis of such valuation, so as to produce a revenue of $560,000 per annum which shall be paid on or before the 20th day of January in each year. The State Revenue Commissioner shall notify each public service corporation or utility of the state of the amount due by it under the provisions of this law, not later than December 1, of each year, and said fee shall be paid to the State on or before the 20th day of January as above provided; such sum of $560,000 is hereby available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission. In the event a public service corporation or utility appeals its last preceding State tax assessment, the final outcome of such an appeal shall be the basis for a revised apportionment of fees which will be applied toward future public service corporation fee assessments. In case of default in payment by any public service corporation, company or person, of the fee provided for in this section, the State Revenue Commissioner shall proceed to collect the same in the same manner as franchise taxes are now collected. Part 2 Section 2. Code Section 46-2-10 of the Official Code of Georgia Annotated, relating to assessment of public service corporation fees, is amended by replacing subsection (c) with a new subsection (c) to read as follows: (c) In the event a public service corporation or utility appeals its last preceding state tax assessment, the final outcome of such an appeal shall be the basis for a revised apportionment of fees which will be applied toward future public service corporation fee assessments. In case of default in payment by any public service corporation or utility of the fee provided for in this Code section, the state revenue commissioner shall proceed to collect the same in the same manner as franchise taxes are collected.

Page 1065

Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. BOARD OF VETERINARY MEDICINE ACT AMENDED. Code Chapter 84-15 Amended. Code Title 43, Chapter 50 Amended. No. 1334 (House Bill No. 1518). AN ACT To amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, as amended, so as to change the time of the termination of the Board of Veterinary Medicine and the repeal of the laws relating thereto; to amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinarians and registered animal technicians, so as to change the time of the termination of the State Board of Veterinary Medicine and the repeal of the laws relating thereto; to change the provisions relating to powers of the board; to change the provisions relating to application for license and admission or nonadmission to examination; to change the provisions relating to grounds for revocation or suspension of licenses; to

Page 1066

change the provisions relating to the issuance of temporary licenses; to change the provisions relating to veterinary faculty licenses; to provide effective dates; 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: Part 1 Section 1. Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, as amended, is amended by adding between Code Sections 84-1504A and 84-1505 a new Code section, to be designated Code Section 84-1504B, to read as follows: 84-1504B. Termination. Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Board of Veterinary Medicine and the laws relating thereto are continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Part 2 Section 2. Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinarians and registered animal technicians, is amended by striking Code Section 43-50-4 in its entirety and inserting in lieu thereof a new Code Section 43-50-4 to read as follows: 43-50-4. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Veterinary Medicine

Page 1067

shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 3. Said chapter is further amended by striking Code Section 43-50-21 in its entirety and inserting in lieu thereof a new Code Section 43-50-21 to read as follows: 43-50-21. (a) The board shall have the power to: (1) Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine in this state; (2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice veterinary medicine in this state or otherwise discipline licensed veterinarians; and to issue, renew, deny, suspend, or revoke veterinary faculty licenses, consistent with this article and the rules and regulations adopted thereunder; (3) Conduct investigations for the purpose of discovering violations of this article or grounds for disciplining licensed veterinarians; (4) Hold hearings on all matters properly brought before the board; and, in connection thereto, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The board may designate one or more of its members to serve as its hearing officer; (5) Appoint from its own membership one member to act as a representative of the board at any meeting within or outside the state where such representative is deemed desirable; (6) Bring proceedings in the courts for the enforcement of this article or any regulations made pursuant thereto; and (7) Adopt, amend, or repeal all rules necessary for its government and all regulations necessary to carry this article into effect, including the establishment and publication of standards of professional conduct for the practice of veterinary medicine.

Page 1068

(b) The powers enumerated in subsection (a) of this Code section are granted for the purpose of enabling the board to supervise effectively the practice of veterinary medicine and are to be construed liberally to accomplish this objective. Section 4. Said chapter is further amended by striking in its entirety Code Section 43-50-23, which reads as follows: 43-50-23. (a) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The application shall show that the applicant is 21 years of age or more, a citizen of the United States or an applicant for citizenship, a graduate of a veterinary school, and a person of good moral character. The application shall also contain such other information and proof as the board may require by rule. The application shall be accompanied by a fee in the amount established and published by the board. (b) If the board determines that the applicant possesses the proper qualifications, it shall admit the applicant to the next examination. If an applicant is found not qualified to take the examination, the board shall immediately notify the applicant in writing of such finding and the grounds therefor. An applicant found unqualified may require a hearing on the question of his qualification, under the procedure set forth in Code Section 43-50-31., and inserting in lieu thereof a new Code Section 43-50-23 to read as follows: 43-50-23. (a) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The application shall include evidence, satisfactory to the board, that: (1) The applicant has attained the age of 18; (2) The applicant is of good moral character; (3) The applicant is a graduate of a veterinary school; provided, however, that a senior veterinary student may, in the discretion of the board, be allowed to sit for the examination during his senior year if he meets the other qualifications but shall not be issued a license unless and until he graduates; and

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(4) The applicant meets such other qualifications or provides such other information as the board may require by rule. (b) The application shall be accompanied by a fee in the amount established by the board. (c) If the board determines that an applicant possesses the proper qualifications, it shall admit the applicant to the next examination. (d) If the applicant is found not qualified to take the examination, the board shall notify the applicant in writing of such finding and return his application fee. An applicant found not qualified may request a hearing on the question of his qualification under the procedure set forth in Code Section 43-50-31. Section 5. Said chapter is further amended by striking Code Section 43-50-27 in its entirety and inserting in lieu thereof a new Code Section 43-50-27 to read as follows: 43-50-27. The board may, after a fair hearing and by a concurrence of four members, revoke or suspend for a certain time the license of, or otherwise discipline, any licensed veterinarian or temporarily licensed veterinarian for any of the following reasons: (1) The employment of fraud, misrepresentation, or deception in obtaining a license; (2) An adjudication of insanity; (3) Chronic inebriation or habitual use of drugs; (4) The use of advertising or solicitation which is false, misleading, or is otherwise deemed unprofessional under regulations adopted by the board; (5) (A) Conviction of a felony or crime involving moral turpitude in the courts of this state, the United States, or of any state, territory, or country. `Conviction of a felony' as used in this Code section means conviction of an offense which, if committed in this state, would be deemed a felony, regardless of its designation in the jurisdiction in which committed. For purposes of this Code section, `conviction'

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means a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to Article 3 of Chapter 8 of Title 42; (B) The board may suspend or restrict a license, upon indictment of the licensee for an offense the conviction of which would be ground for discipline under subparagraph (5)(A) of this Code section, during the pendency of the criminal proceedings on the indictment if, but only if, the indictment charges a crime arising out of, or by virtue of, the licensee's practice or his rights as a licensee under this article and the board finds that to permit the licensee to practice pending the conclusion of such proceedings is inimical to the public health, safety, and welfare. Any statement or testimony offered to the board by the licensee in such a proceeding shall be taken in camera and shall not be revealed to any person or used in any other proceeding; and evidence as to its contents shall not be compellable from any person or any document, by subpoena or otherwise; (6) Incompetence, gross negligence, or other malpractice in the practice of veterinary medicine; (7) Having professional association with or employing any person practicing veterinary medicine unlawfully; (8) Fraud or dishonesty in the application or reporting of any test for disease in animals; (9) Failure to keep veterinary premises and equipment in a clean and sanitary condition; (10) Failure to report, as required by law, or making false report of, any contagious or infectious disease; (11) Dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates; (12) Cruelty to animals;

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(13) Revocation of a license to practice veterinary medicine by another state, territory, or district of the United States on grounds other than nonpayment of registration fee; or (14) Unprofessional conduct as defined by the board. Section 6. Said chapter is further amended by striking in its entirety Code Section 43-50-29, which reads as follows: 43-50-29. The joint-secretary, subject to the approval of the president of the board, may issue a temporary license to an applicant qualified to take the veterinary license examination. Such temporary license shall have the same force and effect as a permanent license until the next regular meeting of the board, at which time said license shall become void. Such license shall not be recorded and shall be renewable for only one six-month period., and inserting in lieu thereof a new Code Section 43-50-29 to read as follows: 43-50-29. (a) The board may issue a temporary license to the following applicants who are qualified to take the veterinary license examination: (1) An applicant licensed in another state. Such license shall have the same force and effect as a permanent license until the time of its expiration; and (2) An applicant who is not the holder of any veterinary license. Such license shall authorize the applicant to work under the supervision of a licensed veterinarian as provided by the board. (b) The temporary license shall expire on the date that permanent licenses are issued to persons who have passed the examination provided for in Code Section 43-50-24, which examination occurred immediately following the issuance of the temporary license. (c) A temporary license issued pursuant to this Code section may, in the discretion of the board, be renewed for one six-month period only; provided, however, that no temporary license shall be renewed or reissued to a person who fails to pass the examination established by the board.

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Section 7. Said chapter is further amended by striking Code Section 43-50-30 in its entirety and inserting in lieu thereof a new Code Section 43-50-30 to read as follows: 43-50-30. The board shall issue a veterinary faculty license to any qualified applicant associated with one of this state's institutions of higher learning and involved in the instructional program of either undergraduate or graduate veterinary medical students, subject to the following conditions: (1) That the holder of the veterinary faculty license shall be remunerated for the practice aspects of his services from state, national, or institutional funds and not from the patient-owner beneficiary of his practice efforts; (2) That the applicant will furnish the board with proof that he is a graduate of an accredited school or college of veterinary medicine approved by the American Veterinary Medical Association or the board and is duly licensed in another state; and (3) That the license may be canceled for any of the reasons enumerated in Code Section 43-50-27 or if the holder of the veterinary faculty license permanently moves out of this state or leaves the employment of the institution of higher learning. Part 3 Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. BUYING SERVICES ACT OF 1975 AMENDED ENFORCEMENT. Code Section 10-1-591 Amended. No. 1335 (House Bill No. 1519). AN ACT To amend an Act known as the Buying Services Act of 1975, approved April 17, 1975 (Ga. L. 1975, p. 529), as amended by an Act approved April 12, 1979 (Ga. L. 1979, p. 643), so as to change the enforcing official of said Act; to change all references in the Act from the Commissioner of Agriculture to the Administrator of the Fair Business Practices Act; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Buying Services Act of 1975, approved April 17, 1975 (Ga. L. 1975, p. 529), as amended by an Act approved April 12, 1979 (Ga. L. 1979, p. 643), is amended by striking subsection (e) from Section 2 in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) `Administrator' means the Administrator of the `Fair Business Practices Act of the State of Georgia.'

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Section 2. Said Act is further amended by deleting wherever it appears in said Act the words Commissioner or Commissioner of Agriculture and inserting in lieu thereof the word Administrator. Part 2 Section 3. Article 21 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to buying services, is amended by striking paragraph (3) of Code Section 10-1-591 which reads as follows: (3) `Commissioner' means the Commissioner of Agriculture of this state., by renumbering paragraphs (1) and (2) of said Code section as paragraphs (2) and (3) respectively, and by adding a new paragraph (1) to read as follows: (1) `Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his delegate. Section 4. Said article is further amended by striking in each place it occurs the word Commissioner and inserting in each such place the word administrator. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. MOTOR VEHICLES AMATEUR RADIO OPERATOR LICENSE PLATES. Code Section 40-2-73 Amended. No. 1336 (House Bill No. 1527). AN ACT To amend an Act providing for the issuance of special license tags to motor vehicle owners who operate amateur radio stations, approved February 21, 1951 (Ga. L. 1951, p. 653), as amended, so as to provide for the amount of the additional fee required to obtain such special license plate; to amend Code Section 40-2-73 of the Official Code of Georgia Annotated, relating to special license plates for amateur radio operators, so as to provide therein for the same changes provided for above; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act providing for the issuance of special license tags to motor vehicle owners who operate amateur radio stations, approved February 21, 1951 (Ga. L. 1951, p. 653), as amended, is amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to reas as follows: Section 1. Owners of motor vehicles who are residents of the State of Georgia, and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications

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Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the State motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional fee of $10.00, shall be issued a license plate for private passenger pickup trucks, station wagons and cars upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. Part 2 Section 2. Code Section 40-2-73 of the Official Code of Georgia Annotated, relating to special license plates for amateur radio operators, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional fee of $10.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. EVIDENCE RELEASE OF PATIENT INFORMATION TO DEPARTMENT OF HUMAN RESOURCES. Code Sections 38-418, 88-1202, 24-9-40, 31-12-2 Amended. No. 1337 (House Bill No. 1541). AN ACT To amend Code Section 38-418, relating to confidential communications, so as to authorize physicians to release certain patient information to the Department of Human Resources and its divisions, agents, and successors under certain conditions and to provide immunity from liability therefor; to clarify certain other provisions relating to such release of information; to amend Code Chapter 88-12, relating to control of preventable diseases, as amended, so as to authorize the Department of Human Resources to require reporting of certain diseases and injuries and to provide for the confidentiality of reported information and immunity from liability for the reporting of that information; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 38-418, relating to confidential communications between physicians and patients, as amended, is amended by striking subsection (b), which reads as follows:

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(b) No physician licensed under Code Chapter 84-9 shall be required to release any medical information concerning a patient, or in the case of a minor, by his or her parents or duly appointed guardian ad litem, except on written authorization or other waiver by the patient or on appropriate court order or subpoena; provided, however, that any physician releasing information under written authorization or other waiver by the patient or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his care and treatment or the nature and extent of his injuries at issue in any civil or criminal proceeding; and provided, further, that this subsection shall not apply to psychiatrists., and inserting in its place a new subsection (b) to read as follows: (b) No physician licensed under Code Chapter 84-9 shall be required to release any medical information concerning a patient except to the Department of Human Resources, its divisions, agents, or successors when required in the administration of public health and social welfare programs and where authorized or required by law, statute, or lawful regulation; or on written authorization or other waiver by the patient, or, in the case of a minor, by his or her parents or duly appointed guardian ad litem; or on appropriate court order or subpoena; provided, however, that any physician releasing information under valid written authorization or other waiver, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his care and treatment or the nature and extent of his injuries at issue in any civil or criminal proceedings; and provided, further, that this subsection shall not apply to psychiatrists. Section 2. Code Chapter 88-12, relating to control of preventable diseases, as amended, is amended by striking Code Section 88-1202 and inserting in its place a new Code Section 88-1202 to read as follows: 88-1202. Notification of disease. (a) The Department of Human Resources is empowered to declare certain diseases and injuries to be notifiable diseases and require the reporting of same to the county board of health and the Department of Human Resources in a manner and at such times as may be prescribed, supplying essential data as deemed necessary and appropriate for the prevention of

Page 1079

diseases and accidents. All such reports and data shall be deemed confidential and shall not be open to inspection by the public; provided, however, the Department of Human Resources may release such reports and data in statistical form or for valid research purposes. (b) Any person, including but not limited to licensed practitioners of the healing arts, submitting in good-faith reports or data to the Department of Human Resources or county boards of health in compliance with the provisions of this section, shall not be liable for any civil damages. Part 2 Section 3. Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to witnesses generally, is amended by striking Code Section 24-9-40, relating to release of medical information, and inserting in its place a new Code Section 24-9-40 to read as follows: 24-9-40. No physician licensed under Chapter 34 of Title 43 shall be required to release any medical information concerning a patient except to the Department of Human Resources, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized or required by law, statute, or lawful regulation; or on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his care and treatment or the nature and extent of his injuries at issue in any civil or criminal proceeding. This Code section shall not apply to psychiatrists. Section 4. Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by striking Code Section 31-12-2, relating to reporting of disease, and inserting in its place a new Code Section 31-12-2 to read as follows:

Page 1080

31-12-2. (a) The department is empowered to declare certain diseases and injuries to be diseases requiring notice and to require the reporting thereof to the county board of health and the department in a manner and at such times as may be prescribed. The department shall require that such data be supplied as are deemed necessary and appropriate for the prevention of certain diseases and accidents as are determined by the department. All such reports and data shall be deemed confidential and shall not be open to inspection by the public; provided, however, the department may release such reports and data in statistical form or for valid research purposes. (b) Any person, including but not limited to practitioners of the healing arts, submitting in good-faith reports or data to the department or county boards of health in compliance with the provisions of this Code section shall not be liable for any civil damages therefor. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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LICENSING, ETC. OF CLINICAL LABORATORIES. Code Title 31, Chapter 22 Amended. No. 1338 (House Bill No. 1549). AN ACT To amend an Act relating to the control, licensing, and operation of clinical laboratories, approved March 20, 1970 (Ga. L. 1970, p. 531), as amended, so as to require licensure of specimen collection stations; to define specimen collection stations; to provide for licensure of specimen collection stations as part of state licensed parent laboratories; to provide for exemption from licensure of facilities providing screening and monitoring tests; to remove the requirement for an annual inspection of clinical laboratories; to change the requirements relating to inspection reports of certain programs; to provide for related matters; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act relating to the control, licensing, and operation of clinical laboratories, approved March 20, 1970 (Ga. L. 1970, p. 531), as amended, is amended by striking subsection (d) of Section 2 and inserting in its place a new subsection (d) to read as follows: (d) `Clinical laboratory' means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the diagnosis of, recommendation of treatment of, or for the purposes of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, man; the term `clinical laboratory' shall include specimen collection stations and shall include blood banks which provide through its ownership or operation a system for the collection, processing or storage of human blood and its component parts as well as tissue banks which store human or animal tissues designed to be used for medical purposes in human beings.

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Section 2. Said Act is further amended by adding at the end of Section 2 a new subsection (i) to read as follows: (i) `Specimen collection station' means a place having the primary purpose of either collecting specimens directly from patients or bringing specimens together after collection for the purpose of forwarding them either intrastate or interstate to a clinical laboratory for examination. Section 3. Said Act is further amended by striking subsection (a) of Section 4 and inserting in its place a new subsection (a) to read as follows: (a) No clinical laboratory shall be operated without a license issued and in force pursuant to this Act; provided, however, that the Department may promulgate rules and regulations by which a facility or a part of a facility in which laboratory testing is done may qualify for exemption from licensure when only specific tests or techniques, designated by the department and used for screening and monitoring purposes only, are performed. Section 4. Said Act is further amended by adding at the end of Section 4 a new subsection (j) to read as follows: (j) For the purposes of licensure, specimen collection stations which have a parent clinical laboratory licensed by the State of Georgia may be considered by the Department to be part of that laboratory. Section 5. Said Act is further amended by striking subsection (a) of Section 7 and inserting in its place a new subsection (a) to read as follows: (a) The Department shall make periodic inspections of every clinical laboratory, at its discretion. In lieu of or to supplement its own inspection program, the department may use results of inspections conducted by other accrediting agencies. For the purpose of this subsection, the employees or agents of the Department shall have the right of entry into the premises of the laboratory during normal hours of operation.

Page 1083

Part 2 Section 6. Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, is amended by striking paragraph (2) of Code Section 31-22-1 and inserting in its place a new paragraph (2) to read as follows: (2) `Clinical laboratory' means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the diagnosis of, recommendation of treatment of, or for the purposes of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of human beings; the term `clinical laboratory' shall include specimen collection stations and shall include blood banks which provide through their ownership or operation a system for the collection, processing, or storage of human blood and its component parts as well as tissue banks which store human or animal tissues designed to be used for medical purposes in human beings. Section 7. Said chapter is further amended by adding at the end of Code Section 31-22-1 a new paragraph (8) to read as follows: (8) `Specimen collection station' means a place having the primary purpose of either collecting specimens directly from patients or bringing specimens together after collection for the purpose of forwarding them either intrastate or interstate to a clinical laboratory for examination. Section 8. Said chapter is further amended by striking subsection (a) of Code Section 31-22-2 and inserting in its place a new subsection (a) to read as follows: (a) No clinical laboratory shall be operated without a license issued and in force pursuant to this chapter; provided, however, that the department may promulgate rules and regulations by which a facility or a part of a facility in which laboratory testing is done may qualify for exemption from licensure when only specific tests or techniques, designated by the department and used for screening and monitoring purposes only, are performed.

Page 1084

Section 9. Said chapter is further amended by adding at the end of Code Section 31-22-2 a new subsection (j) to read as follows: (j) For the purposes of licensure, specimen collection stations which have a parent clinical laboratory licensed by the State of Georgia may be considered by the department to be part of that laboratory. Section 10. Said chapter is further amended by striking subsection (a) of Code Section 31-22-8 and inserting in its place a new subsection (a) to read as follows: (a) The department shall make periodic inspections of every clinical laboratory, at its discretion. In lieu of or to supplement its own inspection program, the department may use results of inspections conducted by other accrediting agencies. For the purpose of this subsection, the employees or agents of the department shall have the right of entry into the premises of the laboratory during normal hours of operation. Part 3 Section 11. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 12. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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MINORS' DEPOSITS IN FINANCIAL INSTITUTIONS. Code Sections 41A-3520, 7-1-789 Amended. No. 1339 (House Bill No. 1550). AN ACT To amend Code Section 41A-3520, relating to minors' deposits in financial institutions, as amended, so as to provide that a minor may have third-party payment accounts; to provide that the payment of an order to third parties out of the minor's account shall be a valid and sufficient release and discharge of the savings and loan association for any payment out of such funds from the minor's account; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 41A-3520, relating to minors' deposits in financial institutions, as amended, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 41A-3520 to read as follows: 41A-3520. Minors' deposits. A minor shall be allowed to have deposits in a building and loan association or savings and loan association in his own name, and the deposits made by the minor shall not be subject to the control of his parent, guardian, or trustee. A minor may have third-party payment accounts. A receipt or acquittance signed by such a minor depositor shall be a valid and sufficient release and discharge of such association for any payment of any deposit to such minor. In the transactions involving payments to third parties out of the minor's account, the payment of an order of the minor shall be a valid and sufficient release and discharge of the savings and loan association for any payment of such funds from the minor's account. The foregoing shall continue to include, without limitation, the following as being authorized: (1) deposits in said associations by a minor with one or more adults or other minors, as party to and with the same effect as a multiple-party account under

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Chapter 41A-38, (2) the rental to a minor by said associations of a safe deposit box or other receptacle for safe deposit of property from said minor (and the receipt of any such property), individually or jointly with one or more adults, and (3) the dealing with a minor by said associations with respect to such a deposit account, third-party payment account, or safe deposit agreement without the consent of a parent or guardian and with the same effect as though the minor were an adult. Any action of the minor with respect to such deposit account, third-party payment account, or safe deposit agreement shall be binding on the minor with the same effect as though the minor were an adult. Part 2 Section 2. Code Section 7-1-789 of the Official Code of Georgia Annotated, relating to minors' deposits and safe-deposit boxes in financial institutions, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 7-1-789 to read as follows: 7-1-789. (a) A minor shall be allowed to have deposits in a building and loan association or savings and loan association in his own name, and the deposits made by the minor shall not be subject to the control of his parent, guardian, or trustee. A minor may have third-party payment accounts. A receipt or acquittance signed by such a minor depositor shall be a valid and sufficient release and discharge of such association for any payment of any deposit to such minor. In the transactions involving payments to third parties out of the minor's account, the payment of an order of the minor shall be a valid and sufficient release and discharge of the savings and loan association for any payment of such funds from the minor's account. (b) Subsection (a) of this Code section shall continue to include, without limitation: (1) Deposits in such associations by a minor with one or more adults or other minors, as party to and with the same effect as a multiple-party account under Article 8 of this chapter; (2) The rental to a minor by said associations of a safe-deposit box or other receptacle for the safe deposit of property from such minor (and the receipt of any such property), individually or jointly with one or more adults; and

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(3) The dealing with a minor by said associations with respect to such a deposit account, third-party payment account, or safe-deposit agreement without the consent of a parent or guardian and with the same effect as though the minor were an adult. Any action of the minor with respect to such deposit account, third-party payment account, or safe-deposit agreement shall be binding on the minor with the same effect as though the minor were an adult. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. HOUSING AUTHORITIES LAW AMENDED MEMBERS IN CERTAIN COUNTIES (110,000 - 130,000). Code Section 8-3-50 Amended. No. 1342 (House Bill No. 1586). AN ACT To amend an Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, so as to

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provide for a resident of a housing project to be an additional member of any housing authority created in a city having a population of not less than 110,000 nor more than 130,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, is amended by adding at the end of Section 5 a new paragraph to read as follows: In addition to the five commissioners otherwise provided for in this section, the authority in each city of this state having a population of not less than 110,000 nor more than 130,000 according to the United States decennial census of 1980 or any future such census shall have an additional commissioner who shall be a resident of a housing project within the city. Such additional commissioner shall be appointed for a term of five years and until the appointment and qualification of a successor. Successors shall also be appointed for terms of five years. The first additional commissioner provided for herein shall be appointed to take office on July 1, 1982. Part 2 Section 2. Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment and qualification of housing authority members, is amended by adding immediately following subsection (g) a new subsection, to be designated subsection (h), to read as follows: (h) In addition to the five commissioners otherwise provided for in this Code section, the authority in each city of this state having a population of not less than 110,000 nor more than 130,000 according

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to the United States decennial census of 1980 or any future such census shall have an additional commissioner who shall be a resident of a housing project within the city. Such additional commissioner shall be appointed for a term of five years and until the appointment and qualification of a successor. Successors shall also be appointed for terms of five years. The first additional commissioner provided for herein shall be appointed to take office on July 1, 1982. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. SPECIAL LAW ENFORCEMENT OFFICERS. Code Section 35-9-15 Enacted. No. 1349 (Senate Bill No. 709). AN ACT To provide for the appointment of law enforcement officers of the United States or of any of the several states to assist law enforcement agencies of this state; to provide for the powers, duties, privileges, and immunities of such appointed law enforcement officers; to provide

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procedures in connection with such appointments; to provide for oath of office; to define a certain term; to provide that certain laws shall not be applicable to such appointed law enforcement officers; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. (a) On request of the sheriff or the chief or director of a law enforcement agency of this state or of any political subdivision thereof, and with the consent of the employee concerned, a law enforcement officer of the United States or any of the several states may be appointed as a law enforcement officer of this state for the purpose of providing mutual assistance in the enforcement of the laws of this state or of the United States. A law enforcement officer who is appointed pursuant to this section shall be considered a law enforcement officer of the appointing agency and shall have the same powers, duties, privileges, and immunities as a law enforcement officer employed by the appointing agency. (b) Any such appointment shall be in writing, signed by the sheriff or the chief or director of the appointing agency, and shall specify the powers, duties, and responsibilities of the employee so appointed. Such appointment shall be at the pleasure of the sheriff or the chief or director of the appointing law enforcement agency. The appointment shall terminate if the person appointed ceases to be employed by an agency of the United States or of the several states. A copy of the appointment shall be filed in the executive office of the appointing agency. (c) In lieu of any other oath prescribed by the laws of this state, a law enforcement officer appointed pursuant to this section shall take an oath to support and defend the Constitution of this state and to execute well and faithfully the laws of this state during the term of such appointment. Section 2. As used in this Act, the term law enforcement agency includes, but is not limited to, any sheriff's office, municipal police department, county police department, prosecuting attorney's office, or any agency of the state or a political subdivision of this state whose employees are authorized to enforce the laws of this state.

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Section 3. The following laws shall not apply to law enforcement officers appointed pursuant to this section: (1) Code Section 89-101, relating to persons ineligible to hold civil office; and (2) An Act known as the Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), as amended. Part 2 Section 4. Chapter 9 of Title 35 of the Official Code of Georgia Annotated, relating to special policemen, is amended by adding immediately following Code Section 35-9-14 a new Code section, to be designated Code Section 35-9-15, to read as follows: 35-9-15. (a) On request of the sheriff or the chief or director of a law enforcement agency of this state or of any political subdivision thereof, and with the consent of the employee concerned, a law enforcement officer of the United States or any of the several states may be appointed as a law enforcement officer of this state for the purpose of providing mutual assistance in the enforcement of the laws of this state or of the United States. A law enforcement officer who is appointed pursuant to this Code section shall be considered a law enforcement officer of the appointing agency and shall have the same powers, duties, privileges, and immunities as a law enforcement officer employed by the appointing agency. (b) Any such appointment shall be in writing, signed by the sheriff or the chief or director of the appointing agency, and shall specify the powers, duties, and responsibilities of the employee so appointed. Such appointment shall be at the pleasure of the sheriff or the chief or director of the appointing law enforcement agency. The appointment shall terminate if the person appointed ceases to be employed by an agency of the United States or of the several states. A copy of the appointment shall be filed in the executive office of the appointing agency. (c) In lieu of any other oath prescribed by the laws of this state, a law enforcement officer appointed pursuant to this Code section shall

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take an oath to support and defend the Constitution of this state and to execute well and faithfully the laws of this state during the term of such appointment. (d) As used in this Code section, the term `law enforcement agency' includes, but is not limited to, any sheriff's office, municipal police department, county police department, prosecuting attorney's office, or any agency of the state or a political subdivision of this state whose employees are authorized to enforce the laws of this state. (e) The following laws shall not apply to law enforcement officers appointed pursuant to this Code section: (1) Code Section 45-2-1, relating to persons ineligible to hold civil office; and (2) Chapter 8 of Title 35, known as the `Georgia Peace Officer Standards and Training Act.' Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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GEORGIA DEPARTMENT OF LABOR CORRECTIONAL SERVICES DIVISION. Code Sections 34-2-14, 34-2-15 Enacted. No. 1350 (Senate Bill No. 714). AN ACT To amend an Act creating the Georgia Department of Labor, approved March 25, 1937 (Ga. L. 1937, p. 230), as amended, so as to create the Correctional Services Division; to provide for duties of the division; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act creating the Georgia Department of Labor, approved March 25, 1937 (Ga. L. 1937, p. 230), as amended, is amended by adding a new Section 20 to read as follows: Section 20. There is created in the Georgia Department of Labor the Correctional Services Division. Section 2. Said Act is further amended by adding a new Section 21 to read as follows: Section 21. The Correctional Services Division of the Georgia Department of Labor shall have the authorization to enter into agreements with district attorneys and solicitors of the several judicial circuits of this state for the purpose of establishing pretrial intervention programs in such judicial circuits. The Correctional Services Division shall be authorized to administer all such programs pursuant to said agreement. Part 2 Section 3. Chapter 2 of Title 34 of the Official Code of Georgia Annotated, relating to the Department of Labor, is amended by

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adding immediately following Code Section 34-2-13 a new Code section, to be designated Code Section 34-2-14 to read as follows: 34-2-14. There is created in the Georgia Department of Labor the Correctional Services Division. Section 4. Said chapter is further amended by adding immediately following Code Section 34-2-14 a new Code section, to be designated Code Section 34-2-15, to read as follows: 34-2-15. The Correctional Services Division of the Georgia Department of Labor shall have the authorization to enter into agreements with district attorneys and solicitors of the several judicial circuits of this state for the purpose of establishing pretrial intervention programs in such judicial circuits. The Correctional Services Division shall be authorized to administer all such programs pursuant to said agreement. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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TEACHERS' RETIREMENT SYSTEM ACT AMENDED. Code Section 47-3-89 Amended. No. 1351 (House Bill No. 1342). AN ACT To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide that credit may be received under the Teachers' Retirement System for service rendered in schools operated by the Bureau of Indian Affairs of the United States Department of Interior; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is amended by striking the first paragraph of subsection (5-A) of Section 4 in its entirety and substituting in lieu thereof a new paragraph to read as follows: Any teacher who is an active member of the Teachers' Retirement System shall be entitled to receive credit for teaching service in other state school systems, State-supported independent school systems, schools operated by the Bureau of Indian Affairs of the United States Department of Interior, or American dependents' schools, up to a maximum of ten years. After having established credit for five years of membership service in the public schools or University System of Georgia, a teacher may establish and receive credit for one complete year of such service for each additional year of Georgia membership service established with the system with a maximum of ten years of such service credit allowed. A teacher desiring to establish credit for such service must pay, prior to the date he retires with the retirement system, employee contributions and employer contributions which would have been paid to the retirement system on salary comparable to his salary for such service, plus the applicable rate of interest in accordance with regulations adopted by the Board

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of Trustees. The rate of member contributions shall be 5%, the rate of employer contributions 6.83%, and the rate of interest thereon shall be the applicable accrued regular interest for all such service rendered prior to January 1, 1945: Provided, that no member who receives or who is entitled to receive a pension or annuity from any other state, county, or municipality, or federal retirement program excluding social security, shall receive prior service credit or membership service credit as set forth above. The Board of Trustees shall promulgate rules and regulations to carry out the provisions of this Act. Part 2 Section 2. Code Section 47-3-89 of the Official Code of Georgia Annotated, relating to credit for service under the Teachers Retirement System for service rendered in schools of other states and certain other schools, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any member of the retirement system shall be entitled to receive up to ten years of creditable service for teaching service in school systems of other states in the United States, state-supported independent school systems of the United States, schools operated by the Bureau of Indian Affairs of the United States Department of Interior, or American dependents' schools, provided that he has first established five years of membership service credit in the public schools of Georgia or University System of Georgia; provided, further, that such service credit shall be allowed on the basis of one year of credit for such service for each additional year of membership service in the public schools of Georgia or University System of Georgia. A teacher desiring to establish credit for such service must pay employee and employer contributions which would have been paid to the retirement system on a salary comparable to his salary for such service, plus the applicable rate of interest, in accordance with regulations adopted by the board of trustees. Such contributions must be paid prior to retirement under this retirement system. For such service rendered prior to January 1, 1945, the rate of employee contributions shall be 5 percent and the rate of employer contributions shall be 6.83 percent. The rate of interest on such contributions shall be the applicable regular interest. No member who receives or who is entitled to receive a pension or annuity from any other state, county, or municipality, or federal retirement program excluding

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social security, shall receive creditable service for such service. The board of trustees shall promulgate rules and regulations to carry out this Code section. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. STATEWIDE PROBATION ACT AMENDED. Code Section 42-8-35.1 Enacted. No. 1352 (House Bill No. 1348). AN ACT To amend an Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, so as to enact certain provisions relating to probated sentences; to provide for certain conditions that may be placed on probated sentences; to provide for notice to the Department of Offender Rehabilitation when a person is sentenced under these certain conditions; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, is amended by adding between Sections 8 and 9 a new section, to be designated Section 8A, to read as follows: Section 8A. (a) In addition to any other terms or conditions of probation provided for under this Act, the trial judge may provide that probationers sentenced to a period of time of not less than one year nor more than five years on probation as a condition of probation must satisfactorily complete a program of incarceration in a `special alternative incarceration' unit of the Department of Offender Rehabilitation for a period of 180 days from the time of initial incarceration in the unit. Probationers will be entitled to earned time while incarcerated in the `special alternative incarceration' unit. (b) Before a court can place this condition upon the sentence, the chief probation officer of the circuit must certify to the sentencing court that the probationer is qualified for such treatment in that the individual is not physically or mentally handicapped in a way that would prevent him from strenuous physical activity, that the individual has no obvious contagious diseases, that the individual is not less than 17 years of age nor more than 25 years of age at the time of sentencing, and that the Department of Offender Rehabilitation has approved the placement of the individual in the `special alternative incarceration' unit. (c) In every case where an individual is sentenced under the terms of this section, the clerk of the sentencing court shall, within five working days, mail to the Department of Offender Rehabilitation a certified copy of the sentence and indictment, a personal history statement, and an affidavit of the custodian provided by the sheriff of the county. (d) The Department of Offender Rehabilitation will arrange with the sheriff's office in the county of incarceration to have the individual delivered to the designated facility within a specific date not less than 15 days after receipt by the department of the documents provided by the clerk of the court under this section.

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(e) At any time during the individual's incarceration in the unit, but at least five days prior to his expected date of release, the Department of Offender Rehabilitation will certify to the trial court as to whether the individual has satisfactorily completed this condition of probation. (f) Upon the receipt of a satisfactory report of performance in the program from the Department of Offender Rehabilitation, the trial court shall release the individual from confinement in the `special alternative incarceration' unit. However, the receipt of an unsatisfactory report will be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation. Part 2 Section 2. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding between Code Sections 42-8-35 and 42-8-36 a new Code section, to be designated Code Section 42-8-35.1, to read as follows: 42-8-35.1. (a) In addition to any other terms or conditions of probation provided for under this chapter, the trial judge may provide that probationers sentenced to a period of time of not less than one year nor more than five years on probation as a condition of probation must satisfactorily complete a program of incarceration in a `special alternative incarceration' unit of the Department of Offender Rehabilitation for a period of 180 days from the time of initial incarceration in the unit. Probationers will be entitled to earned time while incarcerated in the `special alternative incarceration' unit. (b) Before a court can place this condition upon the sentence, the chief probation officer of the circuit must certify to the sentencing court that the probationer is qualified for such treatment in that the individual is not physically or mentally handicapped in a way that would prevent him from strenuous physical activity, that the individual has no obvious contagious diseases, that the individual is not less than 17 years of age nor more than 25 years of age at the time of sentencing, and that the Department of Offender Rehabilitation has approved the placement of the individual in the `special alternative incarceration' unit.

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(c) In every case where an individual is sentenced under the terms of this Code section, the clerk of the sentencing court shall, within five working days, mail to the Department of Offender Rehabilitation a certified copy of the sentence and indictment, a personal history statement, and an affidavit of the custodian provided by the sheriff of the county. (d) The Department of Offender Rehabilitation will arrange with the sheriff's office in the county of incarceration to have the individual delivered to the designated facility within a specific date not less than 15 days after receipt by the department of the documents provided by the clerk of the court under this Code section. (e) At any time during the individual's incarceration in the unit, but at least five days prior to his expected date of release, the Department of Offender Rehabilitation will certify to the trial court as to whether the individual has satisfactorily completed this condition of probation. (f) Upon the receipt of a satisfactory report of performance in the program from the Department of Offender Rehabilitation, the trial court shall release the individual from confinement in the `special alternative incarceration' unit. However, the receipt of an unsatisfactory report will be grounds for revocation of the probated sentence as would any other violation of a condition of term of probation. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. PUBLIC REVENUE PROPERTY TAX EXEMPTIONS FROM AD VALOREM TAXATION. Code Section 48-5-48.1 Enacted. No. 1353 (House Bill No. 1351). AN ACT To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions from ad valorem taxation of property, so as to provide for an application for exemption from taxation of certain property; to provide for a deadline and the contents of such application; to provide for the failure to make such 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. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions from ad valorem taxation of property, is amended by adding between Code Section 48-5-48 and Code Section 48-5-49 a new Code Section 48-5-48.1 to read as follows: 48-5-48.1. (a) Any person, firm, or corporation seeking an exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been authorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia shall file on or before March 1 of the year in which exemption from taxation is sought a written application

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and schedule of property with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation on forms to be furnished by such tax official. (b) The application for the tangible personal property inventory exemption shall provide for: (1) A schedule of the 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; (2) A schedule of the 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; and (3) A schedule of the 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 outside the State of Georgia and the inventory of finished goods which are shipped into the State of Georgia from outside this state and which are stored for transshipment to a final destination outside this state. (c) The failure to file properly the application and schedule shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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COUNTY LAW LIBRARIES. Code Sections 36-15-7, 36-15-9 Amended. No. 1354 (House Bill No. 1403). AN ACT To amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to the county law library, so as to provide for other uses of funds paid to the treasurer of the board of trustees of the county law library; to define the types of actions from which the fee is paid; to provide certain exceptions based on 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. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to the county law library, is amended by striking Code Section 36-15-7 and inserting in its place a new Code Section 36-15-7 to read as follows: 36-15-7. The money paid into the hands of the treasurer of the board of trustees of the county law library shall be used for the purchase of law books, reports, texts, periodicals, supplies, desks, and equipment and for the maintenance, upkeep, and operation of the law library, including the services of a librarian. Provided, in the event the Board of Trustees determine in their discretion that they have excess funds, said funds shall be turned over to the county commissioners and said funds shall be used by the county commissioners for the purchase of fixtures and furnishings for the courthouse. All law books, reports, texts, and periodicals purchased by the use of gifts and from the aforesaid funds shall become the property of the county. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 36-15-9 and inserting in its place a new subsection (a) to read as follows: (a) For the purpose of providing funds for those uses specified in Code Section 36-15-7, a sum not to exceed $2.00, in addition to all other legal costs, may be charged and collected in each action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, certiorari, applications by personal representatives

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for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, state, probate, and any other courts of record, except recorders' or police courts. The amount of such additional costs to be charged and collected, if any, in each such case shall be fixed by the chief judge of the superior court of the circuit in which such county is located. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for a law library in the county. The clerk of each and every such court in such counties in which such a law library is established shall collect such fees and remit the same to the treasurer of the board of trustees of the county law library of the county in which the case was brought, on the first day of each month. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeitures fund of the court in which the case is filed, before any other disbursement or distribution of such fines or forfeitures is made. In any county having a population of more than 550,000 according to the United States decennial census of 1980 or any future such census, the power and authority provided in this subsection for the chief judge shall be exercised by the superior court judge who has the most service as a superior court judge. Section 3. This Act shall become effective November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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CHILD SUPPORT RECOVERY ACT AMENDED. Code Section 19-11-9 Amended. No. 1355 (House Bill No. 1406). AN ACT To amend the Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, so as to provide that information obtained by the Department of Human Resources may be utilized for locating a parent or child for the purpose of making or enforcing a child custody determination or in cases of parental kidnapping; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. The Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, is amended by striking in its entirety subsection (d) of Section 8 and inserting in lieu thereof a new subsection (d) to read as follows: (d) The information which is obtained by the department shall only be available to such governmental department, board, commission, bureau, agency, or political subdivision of any state for purposes of locating an absent parent to enforce their obligation of support, of enforcing a child custody determination, or of enforcing any state or federal law with respect to the unlawful taking or restraint of a child. Part 2 Section 2. Code Section 19-11-9 of the Official Code of Georgia Annotated, relating to location of absent parents, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) The information which is obtained by the department shall only be available to a governmental department, board, commission,

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bureau, agency, or political subdivision of any state for purposes of locating an absent parent to enforce his obligation of support, of enforcing a child custody determination, or of enforcing any state or federal law with respect to the unlawful taking or restraint of a child. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. NOTARIES PUBLIC. Code Sections 45-17-5, 45-17-6 Amended. No. 1356 (House Bill No. 1421). AN ACT To amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries public, so as to change provisions for renewal of commissions; to provide proof of appointment for notaries public to purchase or obtain the seal of office; to provide that certain practices or conduct shall be unlawful; to provide for penalties; to change the provisions relating to the seal of office; to provide that this Act shall not

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invalidate notary public seals lawfully issued and possessed prior to the effective date of this 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. Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries public, is amended by striking Code Sections 45-17-5 and 45-17-6 in their entirety and substituting in lieu thereof new Code Sections 45-17-5 and 45-17-6 to read as follows: 45-17-5. (a) Each notary public shall hold office for four years, subject to revocation at any time by the clerk of the superior court, at the end of which time, on petition, the commission may be renewed by order of the clerk for a like term. Renewal of a notary public commission may be done in person or by mail at the discretion of the clerk of superior court. The clerk of the superior court shall issue to each notary public a certificate of appointment and qualifications, which certificate shall contain the name, address, age, and sex of the appointee, the date the certificate was issued, and the term for which the appointment runs. The clerk shall also keep a record of the names and addresses of all notaries public which said officer appoints. (b) At the time the clerk of the superior court issues a certificate of appointment as provided in subsection (a) of this Code section, said officer shall also issue to the appointee a duplicate original of such certificate. The presentation of such duplicate original, either by mail or in person, to the supplier of a notary public seal shall be necessary to authorize such supplier to make up a notary public seal and deliver it to the appointee. (c) It shall be unlawful for any person, firm, or corporation to supply a notary public seal to any person unless the person has presented the duplicate original of the certificate commissioning the person as a notary public. It shall be unlawful for any person to order or obtain a notary public seal unless such person is commissioned as a notary public. It shall be unlawful for any person to hold him or her self out as a notary public or to exercise the powers of a notary public unless such person has an unexpired commission as a notary public. Any person, firm, or corporation violating the provisions of this subsection is guilty of a misdemeanor.

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45-17-6. For the authentication of notarial acts, each notary public must have a seal of office which seal shall include the notary's name, the words `Notary Public,' the name of the state, and the county of the notary's residence; or it shall include the notary's name and the words `Notary Public, Georgia, State at Large.' The embossment of documents by the notary's seal shall be authorized but not necessary, and the use of a rubber or other type of stamp shall be sufficient for imprinting the notary's seal. A scrawl shall not be a sufficient notary seal. No seal is required for the notary's attestation of deeds. Section 2. This Act shall not invalidate any notary public seal lawfully issued and possessed prior to the effective date of this Act. Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. PUBLIC REVENUE AD VALOREM TAXATION. Code Sections 48-5-18, 48-5-45 Amended. No. 1357 (House Bill No. 1424). AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the time by which returns and applications for homestead exemptions shall be submitted; 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. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (a) of Code Section 48-5-18 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except as otherwise provided in this Code section, each tax commissioner and tax receiver shall open his books for the return of taxes on January 1 and shall close his books on March 1 of each year. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 48-5-45 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) An applicant seeking a homestead exemption as provided in Code Section 48-5-44 shall file on or before March 1 and, in the case of an exemption from taxes levied by a consolidated city-county government, on or before 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 file properly the application and schedule shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year. Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT AMENDED. Code Section 20-2-282 Amended. No. 1358 (House Bill No. 1433). AN ACT To amend the Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, particularly by an Act approved April 15, 1981 (Ga. L. 1981, p. 1565), so as to change the conditions under which teachers and other professional personnel shall be entitled to lifetime certification; to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to certification of educational personnel, so as to provide therein for the same change described above; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. The Adequate Program for Education in Georgia Act, approved March 26, 1974 (Ga. L. 1974, p. 1045), as amended, particularly by an Act approved April 15, 1981 (Ga. L. 1981, p. 1565), is amended by replacing subsection (d) of Section 55 with a new subsection to read as follows: (d) All teachers and other professional personnel who hold or have held life certificates shall be entitled to carry forward that lifetime status if they become qualified by reason of additional training for a next higher level of certification in the same field. Part 2 Section 2. Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to certification of educational personnel, is amended by striking subsection (d) and inserting in its place a new subsection (d) to read as follows: (d) All teachers and other professional personnel who hold or have held life certificates shall be entitled to carry forward that

Page 1111

lifetime status if they become qualified by reason of additional training for a next higher level of certification in the same field. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. (b) Part I of this Act shall be repealed effective November 1, 1982. (c) Part II of this Act shall become effective November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. PUBLIC REVENUE TAXATION ON WINERIES. Code Sections 5A-5511, 5A-5701, 3-6-21.1, 3-6-50 Amended. No. 1359 (House Bill No. 1437). AN ACT To amend Code Title 5A, relating to alcoholic beverages, as amended, so as to change the amount of wine which may be produced by such wineries selling at retail on their premises; to change certain provisions relative to the content of such wine; to change certain license fees; to change certain provisions relative to the levy of excise taxes on certain domestic wines; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 5A, relating to alcoholic beverages, as amended, is amended by striking subsections (a) and (b) of Code Section 5A-5511 and inserting in their respective places new subsections (a) and (b) to read as follows: (a) The commissioner may authorize any licensee authorized to manufacture wine in this state to sell such wine at retail on the premises of the winery, but only if the licensee produces less than 378,000 liters of wine per year and the wine is made wholly in Georgia from at least 40 percent of Georgia grown agricultural products. (b) The annual license tax for each license issued pursuant to this section shall be $50.00. Section 2. Said title is further amended by striking in their entirety paragraphs (1) and (3) of Code Section 5A-5701 and inserting in their respective places new paragraphs (1) and (3) to read as follows: (1) On table wine produced within the state from at least 40 percent of fruits and berries grown within the state: (A) Eleven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and (B) Forty cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown without the state. (3) On dessert wines produced within the state, from at least 40 percent of fruits and berries grown within the state: (A) Twenty-seven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and (B) Sixty-seven cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown without the state.

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Part 2 Section 3. Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of wine, is amended by striking subsections (a) and (b) of Code Section 3-6-21.1 and inserting in their respective places new subsections (a) and (b) to read as follows: (a) The commissioner may authorize any licensee authorized to manufacture wine in this state to sell such wine at retail on the premises of the winery, but only if the licensee produces less than 378,000 liters of wine per year and the wine is made wholly in Georgia from at least 40 percent of Georgia grown agricultural products. (b) The annual license tax for each license issued pursuant to this Code section shall be $50.00. Section 4. Said Chapter 6 is further amended by striking in their entirety paragraphs (1) and (3) of Code Section 3-6-50 and inserting in their respective places new paragraphs (1) and (3) to read as follows: (1) On table wine produced within the state from at least 40 percent of fruits and berries grown within the state: (A) Eleven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and (B) Forty cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown without the state; (3) On dessert wines produced within the state, from at least 40 percent of fruits and berries grown within the state: (A) Twenty-seven cents per liter and a proportionate tax at like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown within the state; and (B) Sixty-seven cents per liter and a proportionate tax on like rates on all fractional parts of a liter on that portion that is produced from fruits and berries grown without the state;.

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Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. PUBLIC REVENUE FEES CHARGED ON TAX EXECUTIONS. Code Sections 91A-1361, 48-5-161 Amended. No. 1360 (House Bill No. 1467). AN ACT To amend Code Section 91A-1361, relating to issuance of tax executions, as amended, particularly by an Act approved April 22, 1981 (Ga. L. 1981, p. 1857), so as to change provisions concerning fees charged on tax executions; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Part 1 Section 1. Code Section 91A-1361, relating to issuance of tax executions, as amended, particularly by an Act approved April 22, 1981 (Ga. L. 1981, p. 1857), is amended by replacing subsection (c) with a new subsection (c) to read as follows: (c) The officer in whose hands the execution is placed shall proceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall detach from the execution the tax receipt and enter on the receipt the amount collected including, but not limited to, all costs, commissions, and an execution fee in the amount of 10 percent of the delinquent tax. He shall also make a similar entry on the execution, the receipt to be delivered by the officer to the defendant. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his execution docket and file the execution in his office. Part 2 Section 2. Code Section 48-5-161 of the Official Code of Georgia Annotated, relating to issuance of tax executions, is amended by replacing subsection (c) with a new subsection (c) to read as follows: (c) The officer in whose hands the execution is placed shall proceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall detach from the execution the tax receipt and enter on the receipt the amount collected including, but not limited to, all costs, commissions, and an execution fee in the amount of 10 percent of the delinquent tax. He shall also make a similar entry on the execution and on the receipt to be delivered by the officer to the defendant. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his execution docket and file the execution in his office. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. FISCAL NOTES REQUIRED FOR CERTAIN BILLS INTRODUCED IN GENERAL ASSEMBLY. Code Sections 28-5-42, 28-5-43 Amended. No. 1361 (House Bill No. 1502). AN ACT To amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to the introduction of retirement bills and bills having a significant impact upon anticipated revenue or expenditure levels and fiscal notes, so as to change the provisions relating to the content of fiscal notes; to amend Code Section 28-5-43 of the Official Code of Georgia Annotated, relating to actuarial investigations relative to fiscal notes, so as to provide for a determination of the costs of actuarial investigations; 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 28-5-42 of the Official Code of Georgia Annotated, relating to the introduction of retirement bills and bills having a significant impact upon anticipated revenue or expenditure levels and fiscal notes, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

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(d) The fiscal note required by subsection (c) of this Code section shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. In the event the bill relates to a retirement or pension fund or system, the fiscal note shall contain an opinion relative to the actuarial effect of such bill. If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. In this event, the fiscal note shall contain an example based on a specific situation or reflecting the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly. Assumptions used to develop these averages shall be noted in the fiscal note and the criteria included herein shall constitute a fiscal note. No comment or opinion regarding the merits of the measure for which the statement is prepared shall be included in the fiscal note; however, technical or mechanical defects may be noted. The chairman shall make such request after such bill is referred to his committee; and the request shall be complied with by the director of the Office of Planning and Budget and the state auditor within five days after receipt of such request. The state auditor and the director of the Office of Planning and Budget shall jointly prepare their fiscal note; and, if there is a difference of opinion between such officials, it shall be noted in the fiscal note. In the event the director of the Office of Planning and Budget and the state auditor concur that the fiscal note on any such bill cannot be prepared within the five-day limitation, they shall so inform the chairman in writing and shall be allowed to submit said note not later than ten days after the request for it is made. Section 2. Code Section 28-5-43 of the Official Code of Georgia Annotated, relating to actuarial investigations relative to fiscal notes, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) With regard to retirement bills, the fiscal notes required by Code Section 28-5-42 shall include a statement expressing an opinion advising whether or not there is sufficient information available to the person submitting such fiscal note to submit an accurate and complete fiscal note as required by Code Section 28-5-42 and whether or not an actuarial investigation is required to develop such information.

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In the event an opinion is submitted advising that an actuarial investigation will be required before a complete cost estimate can be determined, a majority of a quorum of the committee to which the bill is assigned may direct the state auditor to determine the cost to complete, or to have completed, the necessary actuarial investigation. After the state auditor has determined such cost and reported the cost to the committee, a majority of a quorum of the committee may direct the state auditor to contract for such actuarial investigation within ten days after he has been given notification of such vote. Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. MOTOR VEHICLES LICENSE PLATES FOR OPERATORS OF CITIZENS' BAND RADIOS. Code Section 40-2-74 Amended. No. 1362 (House Bill No. 1529). AN ACT To amend an Act providing for the issuance of special license tags to motor vehicle owners who operate citizens' band radio stations, approved February 28, 1968 (Ga. L. 1968, p. 43), as amended, so as to provide for the amount of the additional fee required to obtain such special license plate; to amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plates for citizens' band radio operators, so as to provide therein for the same changes provided for above; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act providing for the issuance of special license tags to motor vehicle owners who operate citizens' band radio stations, approved February 28, 1968 (Ga. L. 1968, p. 43), as amended, is amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. Owners of motor vehicles who are residents of the State of Georgia and who hold an unrevoked and unexpired official citizens' band radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional fee of $10.00, shall be issued a license plate for private passenger pickup trucks, station wagons and cars upon which shall be inscribed the official citizens' band radio call letters of such applicant as assigned by the Federal Communications Commission. Part 2 Section 2. Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plates for citizens' band radio operators, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official citizens' band radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional fee of $10.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed the official citizens' band radio call letters of such applicant as assigned by the Federal Communications Commission.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. CHILDREN AND YOUTH ACT AMENDED. Code Section 49-5-19 Amended. No. 1363 (House Bill No. 1534). AN ACT To amend the Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, so as to provide for analyses of goals to reduce the number of certain children in foster care; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Part 1 Section 1. The Children and Youth Act, approved March 14, 1963 (Ga. L. 1963, p. 81), as amended, is amended by striking Section 20 and inserting in its place a new Section 20 to read as follows: Section 20. Annual Report. The Director shall prepare and publish an annual report on the operation of the Division and county departments of family and children services and submit the same to the Governor, the Board, and all interested persons, officials, agencies and groups, public or private. The report shall contain, in addition to information, statistics, and data as may be required by other provisions of this Act, a comprehensive analysis of performance of child welfare and youth services throughout the state; an analysis of goals to reduce by 1 percent each year, beginning with the fiscal year that starts October 1, 1983, the number of children who have been in family or institutional foster care for a period of twenty-four months or longer, as provided by Public Law 96-272; and such other information and recommendations of the Director as may be suitable. Part 2 Section 2. Chapter 5 of Title 49 of the Official Code of Georgia Annotated is amended by striking Code Section 49-5-19 and inserting in its place the following: 49-5-19. The commissioner shall prepare and publish an annual report on the operations of the department and of county departments of family and children services under this article and submit it to the Governor, the board, and all interested persons, officials, agencies, and groups, public or private. The report shall contain, in addition to information, statistics, and data required by other provisions of this article, a comprehensive analysis of performance of child welfare and youth services throughout the state; an analysis of goals to reduce by 1 percent each year, beginning with the fiscal year that starts October 1, 1983, the number of children who have been in family or institutional foster care for a period of 24 months or longer, as provided by Public Law 96-272; and such other information and recommendations of the commissioner as may be suitable. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER. Code Title 10, Chapter 9 Amended. No. 1364 (House Bill No. 1546). AN ACT To amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center, so as to provide for the re-creation, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the management of the Geo. L. Smith II Georgia World Congress Center Authority by a board of governors; to provide for the composition, powers, and duties of the board of governors of the Geo. L. Smith II Georgia World Congress Center Authority; to provide for the creation of offices of the Geo. L. Smith II Georgia World Congress Center Authority; to provide that the Geo. L. Smith II Georgia World Congress Center Authority shall be exempt from taxation; to provide for venue in actions against the authority; to authorize the authority to accept contributions; to provide for establishment of fees and charges and the disposition of receipts of the authority; to authorize contracts between the Geo. L. Smith II Georgia World Congress Center Authority and the Department of Industry and Trade relating to the operation and management of the Geo. L. Smith II Georgia

Page 1123

World Congress Center; to provide for the creation, composition, powers, and duties of the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee; 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. Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 9 of the Official Code of Georgia Annotated to read as follows: CHAPTER 9 ARTICLE 1 10-9-1. This chapter may be known and cited as the `Geo. L. Smith II Georgia World Congress Center Act.' 10-9-2. There is re-created the `Geo. L. Smith II Georgia World Congress Center Authority' as a body corporate and politic, which shall be an instrumentality of the State of Georgia and a public corporation. 10-9-3. As used in this chapter, the term: (1) `Authority' means the Geo. L. Smith II Georgia World Congress Center Authority. (2) `Cost of the project' means the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be

Page 1124

regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of general obligation bonds issued by the State of Georgia or such other bonds or obligations as may be issued by any authority or agency of the State of Georgia. (3) `Project' means a comprehensive international trade and convention center and meeting facility with exhibit space capable of handling large trade groups; a Georgia Hall to be a world showcase for displaying exhibits of Georgia's counties, municipalities, industries, and attractions and to promote the agricultural, historic, recreational, and natural resources of the State of Georgia; individual meeting rooms with simultaneous translation facilities for several languages; and other related facilities for cultural, political, musical, educational, and other events, including, without limitation, refreshment stands and restaurants and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly or indirectly through concessionaires, licensees, or lessees, or otherwise; and parking facilities and parking areas in connection therewith. The project shall be located in the City of Atlanta and will be known as the `Geo. L. Smith II Georgia World Congress Center.' As used in this chapter, the project described by the term `Geo. L. Smith II Georgia World Congress Center' shall include the same project formerly known as and may be referred to as the `Georgia World Congress Center.' 10-9-4. The authority shall have the following powers: (1) To bring actions, complain, and implead in any judicial, administrative, arbitration or other action or proceeding and, to the extent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings; (2) To have a seal and alter the same at its pleasure; (3) To make and alter bylaws, rules, and regulations, not inconsistent with law, for the administration and regulation of its business and affairs; (4) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation;

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(5) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve and use, and to sell, convey, exchange, transfer, lease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (6) To make all contracts and to execute all instruments necessary or convenient to its purposes; (7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitation and laws of this state and are otherwise within the power of the authority; (8) To exercise the power of eminent domain and acquire by condemnation, in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes; (9) To borrow money for any of its corporate purposes and to provide for the payment of the same, as may be permitted under the Constitution and laws of the State of Georgia; (10) 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; (11) To do all things necessary or convenient to carry out the powers expressly given in this chapter; and (12) Said authority shall comply with all applicable state budgetary processes and procedures as relate to compensation of employees of the authority. 10-9-5. The authority is authorized and directed to contract with the Department of Industry and Trade to exercise on behalf of the department such future responsibility in connection with the acquisition, construction, operation, management, and maintenance of the project as is now or may be vested in the department; and the Department of Industry and Trade is authorized by such contract to delegate to the authority all of its responsibilities and powers with

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respect to the project and to transfer to the authority any and all contracts, plans, documents, or other papers of said department relating to the project, together with any and all funds heretofore or hereafter appropriated to it for the acquisition, construction, operation, management, or maintenance of the project or for all other purposes related to the project, other than appropriations made specifically for debt service purposes, as compensation to the authority under such contract. Under contract with the Department of Industry and Trade, as herein authorized, the authority on behalf of the Department of Industry and Trade shall plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, as hereinabove defined, on property owned by or leased by the State of Georgia in the City of Atlanta, Georgia, the cost of any such project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia as the General Assembly may authorize or from such proceeds and other funds as may be available for such purposes, including any grant from the United States of America or any agency or instrumentality thereof. All actions of the authority and the Department of Industry and Trade, or their predecessors, heretofore taken in connection with such contractual relationship, are ratified and confirmed and shall not be affected by any provision of this chapter. Nothing herein shall affect the powers or duties of the Georgia State Financing and Investment Commission or of the State Properties Commission. 10-9-6. (a) The board of governors of the authority shall consist of nine members. Each member shall serve for a term of four years. All members of the board shall be appointed by the Governor of the State of Georgia and shall serve until the appointment and qualification of a successor. Said members shall be appointed from the general public; and no person holding any other office of profit or trust under the state shall be appointed to membership. (b) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board. (c) The members of the board of governors shall be entitled to and shall be reimbursed for their actual travel expenses necessarily

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incurred in the performance of their duties and, for each day actually spent in performance of their duties, shall receive the same per diem as do members of the General Assembly. (d) The members of the authority in office on the effective date of this chapter shall continue in office as members of the board of governors for the remainder of the terms for which they were appointed and until their successors are appointed and qualified hereunder. 10-9-7. (a) The management of the business and affairs of the authority shall be vested in the board of governors, subject to the provisions of this chapter and to the provisions of bylaws adopted by the board of governors as authorized by this chapter. (b) The board of governors shall have the power to make the bylaws, rules, and regulations for the government of the authority and the operation, management, and maintenance of the project as it may determine appropriate. (c) A majority of the number of members of the board then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present at the time of the vote, if a quorum is present at such time, shall be the act of the board unless the vote of a greater number is required by law or by the bylaws of the board of governors. (d) If the bylaws of the authority so provide, the board of governors, by resolution adopted by a majority of the full board of directors, may designate from among its members an executive committee and one or more other committees, each consisting of two or more members of the board and each of which, to the extent provided in such resolution or the bylaws of the authority, shall have and may exercise such authority as the board of governors may delegate to it. Unless otherwise provided in the bylaws of the authority, any such committee shall act by a majority of its members. The designation of any such committee and the delegation thereto of authority shall not operate to relieve the board of governors or any member thereof of any responsibility imposed by law. 10-9-8. (a) Meetings of the board of governors, regular or special, shall be held at the time and place fixed by or under the bylaws or, if not so fixed, by the board. Regular meetings of the board

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may be held with or without notice as prescribed in the bylaws. Special meetings of the board shall be held upon such notice as is prescribed in the bylaws. Unless otherwise prescribed in the bylaws, written notice of the time and place of special meetings of the board shall be given to each member either by personal delivery or by mail, telegram, or cablegram at least two days before the meeting. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board need be specified in the notice or waiver of notice of such meeting unless required by the bylaws. Meetings of the board may be called by the chairman of the board or by any other person or persons authorized by the bylaws. (b) Upon receipt of a resolution by a majority of the number of members of the board authorized by this chapter which so certifies and requests, adopted after notice to the defaulting member, the Governor of the State may by executive order remove from membership a member of the board who has failed to attend three consecutive meetings of the board. The action of the Governor shall be final and nonreviewable. 10-9-9. (a) The board of governors shall elect or appoint such officers as may be provided in the bylaws and may delegate to such officers, who need not be members of the board, such authority and responsibility as the board may determine appropriate. (b) Each officer and employee of the authority shall serve at the pleasure of the authority and shall hold office for the term for which he is elected or appointed and until his successor has been elected or appointed and has qualified, or until his earlier resignation, removal from office, or death. (c) All officers and agents of the authority shall have such authority and perform such duties in the management of the authority as may be provided in the bylaws or as may be determined by action of the board not inconsistent with law or with the bylaws. (d) The board of governors shall have authority to fix the compensation of its officers and employees, except that officers or employees who are also members of the board shall serve without additional compensation for such service. 10-9-10. It is found, determined, and declared that the creation of the authority in the carrying out of its corporate purpose is in all

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respects for the benefit of the people of this state and is a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any property acquired or under the jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity. 10-9-11. Any action against the authority to protect or enforce any rights under the provisions of this chapter shall be brought in the Superior Court of Fulton County, Georgia, and such court shall have exclusive, original jurisdiction of such actions. 10-9-12. The authority, in addition to the moneys received from the collection of revenues, rents, and earnings derived under the provisions of this chapter or from the Department of Industry and Trade, shall have authority to accept from any federal agency grants for or in aid of the construction of any project and to receive and accept contributions from any source of either money or property or other things of value to be held, used, and applied only for the purposes for which such grants or contributions may be made. 10-9-13. All moneys received pursuant to the authority of this chapter, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. 10-9-14. The board of governors of the authority is authorized to fix rentals, fees, prices, and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and for the goods and services provided by the authority in connection with such use, as the authority may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the authority, if any, to pay the cost of maintaining, repairing, and

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operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at such project. 10-9-15. (a) The authority shall operate the project so as to ensure maximum use of the project. In connection with and incident to its operation of the project, the authority may engage in such activities as it deems appropriate to promote trade shows, conventions, and tourism within the state so as to promote the use of the project and the use of the industrial, agricultural, educational, historical, cultural, recreational, and natural resources of the State of Georgia by those using or visiting the project. (b) The authority shall have the power to lease and make contracts with political subdivisions and agencies of this state with respect to the use of the project and the goods and services of the authority provided in connection with such use or the activities which the authority is otherwise authorized to undertake. (c) It shall be the duty of the board of governors of the authority to prescribe rules and regulations for the operation and governing the use of the project constructed under the provisions of this chapter, including rules and regulations to ensure maximum use of the project. (d) (1) The authority shall be authorized to employ security guards to keep watch over and protect the Geo. L. Smith II Georgia World Congress Center and such other properties as may be under the management and control of the authority. The security guards employed, as provided by this subsection, shall be employees of and compensated by the authority. The security guards employed pursuant to the provisions of this Code section, shall be charged with the duty of protecting and preserving the property under the management and control of the authority and the prevention, detection, and investigation of offenses committed thereon. Security guards so employed by the authority shall not be subject to Chapter 8 of Title 35 of the Official Code of Georgia Annotated but may apply for and obtain certification thereunder. Any security guard so employed who is a candidate for or who has obtained certification under Chapter 8 of Title 35 shall, in addition, have powers to arrest all persons committing offenses thereon and to possess and carry weapons while on duty, but only

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while in the performance of his duties and only while upon the property or in connection with the property under the control of the authority. (2) Under such terms and conditions as the authority and the Board of Public Safety may by agreement establish, the Board of Public Safety may provide through the Georgia Police Academy such limited or specialized training to security guards employed by the authority as may be appropriate to the responsibilities and powers vested in such security guards. Without limitation of the foregoing, the board may permit limited participation by such security guards in the training program, or such parts thereof as may be appropriate, offered to police officers by the Georgia Police Academy. Nothing in this Code section shall limit the duty of the Georgia Police Academy to train security guards who apply for certification under Chapter 8 of Title 35 of the Official Code of Georgia Annotated. 10-9-16. The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Attorney General, shall apply. 10-9-17. The foregoing Code sections of this chapter shall be deemed to provide an additional and alternative method for the doing of things authorized thereby and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing. 10-9-18. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. 10-9-19. The accounts of the authority created in this chapter shall be kept as separate and distinct accounts and shall be audited by the Department of Audits and Accounts of the state. ARTICLE 2 10-9-20. There is created as a joint committee of the General Assembly the Geo. L. Smith II Georgia World Congress Center Authority Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House

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and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairman of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairman and vice chairman shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairman or vice chairman of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Geo. L. Smith II Georgia World Congress Center Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter. 10-9-21. The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties herein set forth. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants. 10-9-22. The Geo. L. Smith II Georgia World Congress Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, and other state agencies in order that the charges of the committee, set forth in this article, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Geo. L. Smith II Georgia World Congress Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Geo. L. Smith II Georgia World Congress Center Authority, as set forth in this chapter.

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10-9-23. In the discharge of its duties, the committee shall evaluate the performance of the Geo. L. Smith II Georgia World Congress Center Authority consistent with the following criteria: (1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities. 10-9-24. (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982.

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LANDLORD AND TENANT DISPOSSESSORY AND DISTRESS WARRANT PROCEEDINGS. Code Section 44-7-53, 44-7-54, 44-7-72 Amended. No. 1365 (House Bill No. 1558). AN ACT To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change the time of performing certain actions of parties and of the court in dispossessory and distress warrant proceedings; to provide an effective date: to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended by replacing Code Section 44-7-53 with a new Code section to read as follows: 44-7-53. (a) If the tenant fails to answer as provided in Code Section 44-7-51(b), the court shall issue a writ of possession instanter notwithstanding Code Section 9-11-55; and the plaintiff shall be entitled to a verdict and judgment by default for all rents due, in open court or in chambers, as if every item and paragraph of the affidavit provided for in Code Section 44-7-50 were supported by proper evidence, without the intervention of a jury. (b) If the tenant answers, a trial of the issues shall be had in accordance with the procedure prescribed for civil actions in courts of record. Every effort should be made by the trial court to expedite a trial of the issues. The defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, that, at the time of his answer, the tenant must pay rent into the registry of the court pursuant to Code Section 44-7-54. Section 2. Said chapter is further amended by replacing subsection (a) of Code Section 44-7-54 with a new subsection to read as follows:

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(a) In any case where the issue of the right of possession cannot be finally determined within two weeks from the date of the original affidavit, the tenant shall be required to pay into the registry of the trial court: (1) All rent which becomes due after the issuance of the dispossessory warrant, said rent to be paid as it becomes due. If the landlord and the tenant disagree as to the amount of rent, either or both of them may submit to the court any written rental contract for the purpose of establishing the amount of rent to be paid into the registry of the court. If the amount of rent is in controversy and no written rental agreement exists between the tenant and landlord, the court shall require the amount of rent to be a sum equal to the last previous rental payment made by the tenant and accepted by the landlord without written objection; and (2) All rent allegedly owed prior to the issuance of the dispossessory warrant; provided, however, that, in lieu of such payment, the tenant shall be allowed to submit to the court a receipt indicating that payment has been made to the landlord. In the event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid into court in the same manner as provided in paragraph (1) of this subsection. Section 3. Said chapter is further amended by replacing Code Section 44-7-72 with a new Code section to read as follows: 44-7-72. When the affidavit provided for in Code Section 44-7-71 is made, the judge of the superior court, the state court, the civil court, or the small claims court or justice of the peace before whom it was made shall grant and issue a summons to the marshal or the sheriff or his deputy of the county where the tenant resides or where his property may be found. A copy of the summons and the affidavit shall be personally served upon the defendant. If an officer is unable to serve the defendant personally, service may be given by delivering the summons and affidavit to any person who is sui juris residing on the premises. The summons served on the defendant pursuant to this Code section shall command and require the tenant to appear at a hearing on a day certain not less than five nor more than seven days from the date of actual service.

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Section 4. This Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1982. CRIMINAL PROCEDURE CASH BONDS. Code Title 17, Chapter 6 Amended. No. 1366 (House Bill No. 717). AN ACT To amend an Act which authorizes the acceptance and payment of cash bonds from persons charged with violations of traffic laws, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 331), as amended, particularly by an Act approved April 18, 1975 (Ga. L. 1975, p. 845), so as to authorize the acceptance and payment of cash bonds in certain cases; to provide for the forfeiture of such cash bonds in certain cases; to provide for other matters relative to the foregoing; to amend an Act permitting driver's licenses to be deposited as bail on arrest for certain traffic offenses, approved April 13, 1973 (Ga. L. 1973, p. 435), as amended, particularly by an Act approved February 20, 1976 (Ga. L. 1976, p. 213), so as to authorize driver's licenses to be deposited in certain cases; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Part 1 Section 1. An Act which authorizes the acceptance and payment of cash bonds from persons charged with violations of traffic laws, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 331), as amended, particularly by an Act approved April 18, 1975 (Ga. L. 1975, p. 845), is amended by striking Section 1 of said Act which reads as follows: Section 1. Any sheriff of the State of Georgia or his lawful agent or deputy, or any other county officer charged with the duty of enforcing traffic, game, fish or boating or litter laws of this State who makes an arrest outside of the corporate limits of any municipality of this State for the violation of any traffic, game, fish or boating or litter law, and has been authorized, as provided herein, by the judge having jurisdiction of such offense, to accept cash bonds, may accept a cash bond for the personal appearance of the person so arrested in lieu of a statutory bond or recognizance. No such officer shall be authorized to accept a cash bond unless he has been authorized to receive cash bonds in such cases by an order of the judge having jurisdiction of such offense, which order may be granted or dissolved in the discretion of such judge and which shall be filed with other records of the court over which said judge presides., and substituting in lieu thereof the following: Section 1. Any sheriff, deputy sheriff, county peace officer, or other county officer charged with the duty of enforcing the laws of this state relating to (1) traffic or the operation or licensing of motor vehicles or operators; (2) the width, height, or length of vehicles and loads; (3) motor common carriers and motor contract carriers; (4) road taxes on motor carriers as provided in Code Chapter 91A-51; (5) game and fish; (6) boating; or (7) litter control who makes an arrest outside the corporate limits of any municipality of this state for a violation of said laws and who is authorized, as provided herein by a court of record having jurisdiction over such offenses, to accept cash bonds may accept a cash bond from the person arrested in lieu of a statutory bond or recognizance. No such officer shall accept a cash bond unless he is authorized to receive cash bonds in such cases by an order of the court having jurisdiction over such offenses and unless such order has been entered on the minutes of the court. Any such order may be granted, revoked, or modified by the court at any time. Section 2. Said Act is further amended by striking Section 4 of said Act, which reads as follows:

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Section 4. If any person arrested for a violation of the traffic, game, fish or boating or litter laws of the State of Georgia gives a cash bond as above provided for his appearance and fails to appear at the next regular term of court convening thereafter without legal excuse therefor, then and in that event, in the discretion of the court, said cash bond shall then and there be forfeited without the necessity for the statutory procedure provided for in the forfeiture of statutory bail bonds, and a judgment may be entered accordingly, in the discretion of the court, ordering the case disposed of and settled and the proceeds shall be applied and distributed as any fine would be. However, if the judge shall not desire to enter, in his discretion, a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to a subsequent prosecution of the arrested person for such violation., and substituting in lieu thereof the following: Section 4. If any person arrested for a misdemeanor arising out of a violation of the laws of this state relating to (1) traffic or the operation or licensing of motor vehicles or operators; (2) the width, height, or length of vehicles and loads; (3) motor common carriers and motor contract carriers; (4) road taxes on motor carriers as provided in Code Chapter 91A-51; (5) game and fish; (6) boating; or (7) litter control gives a cash bond for his appearance as provided in Section 1 and fails to appear on the date, time, and place specified in the citation or summons without legal excuse, the court may order said cash bond forfeited without the necessity of complying with the procedures provided for in Code Chapter 27-29, relating to fines and forfeitures. A judgment ordering the case disposed of and settled may be entered by the court and the proceeds shall be applied in the same manner as fines. If the court does not enter a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to subsequent prosecution of the person charged with the violation of such laws. Section 3. An Act permitting driver's licenses to be deposited as bail on arrest for certain traffic offenses, approved April 13, 1973 (Ga. Laws 1973, p. 435), as amended, particularly by an Act approved February 20, 1976 (Ga. Laws 1976, p. 213), is hereby amended by striking the first undesignated subsection of Section 1 of said Act, which reads as follows:

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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. 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., and substituting in lieu thereof the following: Any other laws of the State of Georgia to the contrary notwithstanding, any person who is arrested by an officer for the violation of the laws of this state or ordinances relating to (1) traffic, except any offense for which a license may be suspended for a first offense by the Commissioner of Public Safety; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Code Chapter 91A-51 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 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

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judicial officer. A receipt for such license or deposit shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this state during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended or cancelled; provided, however, that such receipt shall in no event be valid for more than 45 days. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter. Part 2 Section 4. Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances in general, is amended by replacing Code Section 17-6-5 which reads as follows: 17-6-5. Any sheriff of this state, his lawful agent or deputy, or any other county officer charged with the duty of enforcing traffic, game, fish, boating, or litter laws of this state who makes an arrest outside of the corporate limits of any municipality of this state for a violation of any traffic, game, fish, boating, or litter law and who has been authorized, as provided for in this Code section, by the judge having jurisdiction of such offense, to accept cash bonds may accept a cash bond for the personal appearance at trial of the person so arrested in lieu of a statutory bond or recognizance. No such officer shall be authorized to accept a cash bond unless he has been authorized to receive cash bonds in such cases by an order of the judge having jurisdiction of the offense. The order may be granted or dissolved in the discretion of the judge and shall be filed with other records of the court over which the judge presides., with a new Code section to read as follows: 17-6-5. Any sheriff, deputy sheriff, county peace officer, or other county officer charged with the duty of enforcing the laws of this state relating to (1) traffic or the operation or licensing of motor vehicles or operators; (2) the width, height, or length of vehicles and loads; (3) motor common carriers and motor contract carriers; (4) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48; (5) game and fish; (6) boating; or (7) litter control who makes an arrest outside the corporate limits of any municipality of this state for a violation of said laws and who is authorized, as provided herein by a court of record having jurisdiction over such offenses, to accept

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cash bonds may accept a cash bond from the person arrested in lieu of a statutory bond or recognizance. No such officer shall accept a cash bond unless he is authorized to receive cash bonds in such cases by an order of the court having jurisdiction over such offenses and unless such order has been entered on the minutes of the court. Any such order may be granted, revoked, or modified by the court at any time. Section 5. Said article is further amended by replacing Code Section 17-6-8 which reads as follows: 17-6-8. If any person arrested for a violation of the traffic, game, fish, boating, or litter laws of this state gives a cash bond for his appearance in court as provided for in Code Section 17-6-5 and fails to appear at the next regular term of court convening after the arrest without legal excuse therefor, then, in the discretion of the court, the cash bond shall be forfeited without the necessity for the statutory procedure provided for in the forfeiture of statutory bail bonds, and a judgment may be entered accordingly, in the discretion of the court, ordering the case disposed of and settled and the proceeds applied and distributed like any other fine. However, if the judge does not desire to enter, in his discretion, a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to a subsequent prosecution of the arrested person for the violation., with a new Code section to read as follows: 17-6-8. If any person arrested for a misdemeanor arising out of a violation of the laws of this state relating to (1) traffic or the operation or licensing of motor vehicles or operators; (2) the width, height, or length of vehicles and loads; (3) motor common carriers and motor contract carriers; (4) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48; (5) game and fish; (6) boating; or (7) litter control gives a cash bond for his appearance as provided in Code Section 17-6-5 and fails to appear on the date, time, and place specified in the citation or summons without legal excuse, the court may order said cash bond forfeited without the necessity of complying with the statutory procedure provided for in the forfeiture of statutory bail bonds. A judgment ordering the case disposed of and settled may be entered by the court and the proceeds shall be applied in the same manner as fines. If the court does not enter a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to subsequent prosecution of the person charged with the violation of such laws.

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Section 6. Said article is further amended by replacing subsection (a) of Code Section 17-6-11 which reads as follows: (a) Any other laws of this state to the contrary notwithstanding, any person who is arrested by an officer for a violation of a litter law, a traffic law, or a 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 the arresting officer, in lieu of being immediately brought before the proper judicial officer to enter into a formal recognizance or making a direct 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 officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the summons, or in lieu of being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. Any such person who is arrested by an officer for the violation of a litter law, a traffic law, or a 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 a judicial officer or officer authorized to accept cash bonds in lieu of bail as provided for in Code Section 17-6-5. A receipt for the license shall be given to the person by the arresting officer, and thereafter the 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 canceled; provided, however, that the receipt shall in no event be valid for more than 45 days. The summons duly served as provided for in this Code section shall give the proper judicial officer jurisdiction to dispose of the matter., with a new subsection to read as follows: (a) Any other laws to the contrary notwithstanding, any person who is arrested by an officer for the violation of the laws of this state or ordinances relating to (1) traffic, except any offense for which a license may be suspended for a first offense by the commissioner of public safety; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such arresting

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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 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. 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 canceled; 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. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

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MECHANICS' AND MATERIALMEN'S LIENS. Code Sections 44-14-361, 44-14-530 Amended. No. 1367 (House Bill No. 767). AN ACT To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for preliminary notices of liens; to provide for the filing of such liens with the clerk of the superior court; to change the conditions under which liens may be enforced and dissolved; to amend Code Section 44-14-530, relating to foreclosure of liens on realty, so as to provide for jury verdicts and court decisions and their effect; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, is amended by striking Code Section 44-14-361 and inserting in its place a new Code section to read as follows: 44-14-361. (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials: (1) All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers; (2) All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate; (3) All registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate;

Page 1145

(4) All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate; (5) All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for subcontractors for building factories, furnishing material for factories, or furnishing machinery for factories; (6) All machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; and (7) All contractors to build railroads. (b) Each special lien specified in subsection (a), other than a contractor's lien, may attach to the real estate for which the labor, services, or materials were furnished if they are furnished at instance of the owner, contractor, or some person acting for the owner or contractor. In such a case, however, the special lien shall be dissolved if the owner, purchaser from the owner, or lender providing construction or purchase money shows that: (1) The lien has been waived in a writing executed by the lien claimant; or (2) No preliminary notice of lien rights or claim of lien has been filed, and the contractor, or person other than the owner at whose instance the labor, services, or material were furnished, or owner when conveying title in a bona fide sale or loan transaction, has executed a sworn, written statement that the agreed price or reasonable value of the labor, services, or material has been paid; or (3) A preliminary notice of lien rights has been filed and the time has expired for filing a claim of lien as required by Code Section 44-14-362; or (4) A demand for filing of a claim of lien has been sent by registered or certified mail to the potential lien claimant at the address specified in the preliminary notice of lien rights and at least ten days have elapsed since the date of such mailing without the filing of a claim of lien.

Page 1146

(c) As used in paragraph (2) of subsection (b), the term `person other than the owner' shall not include a subcontractor. (d) In no event shall the aggregate amount of liens set up by this Code section exceed the contract price of the improvements made or services performed. (e) The preliminary notice of lien rights referred to in this Code section shall be filed within 30 days after a party afforded lien rights under subsection (a) has delivered any material or provided any labor or services for which such a lien may be claimed and in order to be effective must: (1) Be filed with the clerk of superior court of the county in which the real estate is located; (2) State the name, address, and telephone number of the potential lien claimant; (3) State the name and address of the contractor or other person at whose instance the labor, services, or materials were furnished; (4) State the name of the owner of the real estate and include a description sufficient to identify the real estate against which the lien is or may be claimed; and (5) Include a general description of the labor, services, or materials furnished or to be furnished. (f) Upon final payment after all labor, services, or materials have been furnished, a person who has filed a preliminary notice of lien rights shall either deliver a cancellation of the preliminary notice of lien rights at the time of final payment or cause the notice to be canceled of record within ten days after final payment. Any person who fails to so cancel a preliminary notice shall be liable to the owner for all costs and reasonable attorney's fees incurred by the owner in having the preliminary notice canceled. (g) A preliminary notice shall expire three months after the date the last labor, materials, or services are furnished.

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(h) A demand for filing of claim of lien shall contain the same information required to be contained in the preliminary notice of lien rights and shall contain the following statement addressed to the potential lien claimant: `This demand was mailed to you on pursuant to Code Section 44-14-1361. You are notified that unless you file a claim of lien with respect to this claim on or before the tenth day after said date of mailing your right to claim a lien will be dissolved.' (i) The clerk of each superior court shall maintain within the records of that office a record separate from all other real estate records in which preliminary notices specified in subsection (e) above shall be filed. Each such notice shall be indexed under the name of the owner as contained in the preliminary notice. The clerk shall collect a filing fee of $3.00 for the filing of each preliminary notice. Section 2. Code Section 44-14-530, relating to manner of foreclosure of liens on realty, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) Liens on real property which are provided for in this chapter, other than mortgages, shall be foreclosed, when not otherwise provided for, by a compliance with his contract by the person claiming the lien and recording his claim and the commencement of an action therefor according to the provisions and requirements of Code Section 44-14-362. In declaring for such debt or claim, the claimant of the lien shall set forth his lien and the premise on which he claims it; and, if the lien is allowed, the verdict of the jury, if tried by a jury, or a decision of the court, if the parties consent to trial by the court without a jury, shall set it forth and the judgment and execution shall be awarded accordingly. All such executions shall, however, be subject to all prior encumbrances. Section 3. This Act shall become effective on April 1, 1983.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. PHYSICIAN'S ASSISTANT ACT AMENDED. Code Section 43-34-103 Amended. No. 1368 (House Bill No. 1074). AN ACT To amend an Act known as the Physician's Assistant Act, approved March 31, 1972 (Ga. L. 1972, p. 676), so as to provide for physicians to supervise more than two physician's assistants in certain circumstances; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act known as the Physician's Assistant Act, approved March 31, 1972 (Ga. L. 1972, p. 676), is amended by striking in its entirety subsection (e) of Section 4 and inserting in lieu thereof a new subsection (e) to read as follows: (e) No physician shall have more than two physician's assistants certified to him at any one time. However, a physician may supervise more than two physician's assistants while on call for a solo practitioner or as a member of a group practice setting (i.e., clinics, hospitals, and other institutions). The physician taking call must be approved to supervise the physician's assistant of the physician for whom he is taking call.

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Nothing in this Act shall prevent a physician from submitting a new job description when a physician's assistant, by reason of further education or experience and successfully passing additional test(s) as shall be outlined and administered by the Board of Medical Examiners, becomes capable of performing a wider range of medical tasks. A physician's assistant as defined under this Act shall be allowed to perform his duties only in the principal offices of the applying physicians, which shall be those public or private places or health facilities where the applying physician regularly sees patients, provided that nothing in this Act shall preclude a physician's assistant from making house calls, hospital rounds, serving as an ambulance attendant, or performing any functions performed by the applying physician which the physician's assistant is qualified to perform. A physician's assistant may not be utilized to perform the duties of a pharmacist licensed under Code Chapter 79A-4, relating to pharmacists, as now or hereafter amended. A physician employed by the Department of Human Resources or by any institution thereof or by a local health department whose duties are administrative in nature and who does not normally provide health care to patients as such employee shall not be authorized to apply for or utilize the services of any physician's assistant employed by the Department of Human Resources or by any institution thereof or by a local health department. Part 2 Section 2. Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to application by physicians for utilization of assistants, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) No physician shall have more than two physician's assistants certified to him at any one time. However, a physician may supervise more than two physician's assistants while on call for a solo practitioner or as a member of a group practice setting, for example, clinics, hospitals, and other institutions. The physician taking call must be approved to supervise the physician's assistant of the physician for whom he is taking call.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. ACTIONS LIMITATIONS ON FIREMEN'S CIVIL LIABILITY. Code Sections 3-1004, 51-1-30 Amended. No. 1369 (House Bill No. 1191). AN ACT To amend Code Chapter 3-10, relating to limitations of actions for torts, as amended, so as to change the fire departments to which Code Section 3-1004.1 is applicable; to renumber Code Section 3-1004.1; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Part 1 Section 1. Code Chapter 3-10, relating to limitations of actions for torts, as amended, is amended by striking Code Section 3-1004.1, which reads as follows: 3-1004.1. Firemen, civil liability. (a) The officers, members, agents, or employees of any fire department established by any county, municipality, fire district, or authority shall not be liable at law for any act or acts done while actually fighting a fire or performing duties at the scene of an emergency, except for willful negligence or malfeasance. (b) As used in this section, `fire department' shall include volunteer fire departments established pursuant to local Act, ordinance, or resolution and any fire department established as a department, bureau, or agency of a municipality, county, fire district, or authority of this state., and inserting in lieu thereof the following: 3-1004.2. Firemen, civil liability. (a) The officers, members, agents, or employees of any fire department established by any county, municipality, fire district, or authority shall not be liable at law for any act or acts done while actually fighting a fire or performing duties at the scene of an emergency, except for willful negligence or malfeasance. (b) As used in this section, `fire department' shall include volunteer fire departments established pursuant to local Act, ordinance, or resolution or established as a nonprofit corporation pursuant to private subscription and any fire department established as a department, bureau, or agency of a municipality, county, fire district, or authority of this state. Part 2 Section 2. Code Section 51-1-30 of the Official Code of Georgia Annotated, relating to liability for certain individuals while fighting fires, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 51-1-30 to read as follows: 51-1-30. (a) As used in this Code section, the term `fire department' includes volunteer fire departments established pursuant to local act, ordinance, or resolution or established as a nonprofit

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corporation pursuant to private subscription and any fire department established as a department, bureau, or agency of a municipality, county, fire district, or authority of this state. (b) The officers, members, agents, or employees of any fire department established by any county, municipality, fire district, or authority shall not be liable at law for any act or acts done while actually fighting a fire or performing duties at the scene of an emergency, except for willful negligence or malfeasance. (c) This Code section shall not affect the right of any party to recover damages for an act which occurred before July 1, 1980. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

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GEORGIA SPORTS HALL OF FAME ACT AMENDED. Code Title 50, Chapter 12 Amended. No. 1370 (House Bill No. 1209). AN ACT To amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame, so as to create the Georgia Golf Hall of Fame; to provide for a board and its membership; to provide for personnel, space, equipment, and supplies; to provide for the powers and duties of the board; to provide for funds; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame, is amended by striking said article in its entirety and inserting in lieu thereof the following: ARTICLE 4 HALLS OF FAME Part 1 Georgia Sports Hall of Fame 50-12-60. There is created the Georgia Sports Hall of Fame Board. The board shall be composed of nine members to be appointed by the Governor. Initially, three members shall be appointed for terms of two years, three for four years, and three for six years. Thereafter, all members shall be appointed for terms of six years. The Governor shall consider different areas of the state when making appointments to the board. The board shall elect a chairman, a vice-chairman, and such other officers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions. The board shall meet once each quarter and at such other times as the board deems necessary but not more than

Page 1154

eight times annually. A majority of the members shall constitute a quorum for the transaction of business. 50-12-61. The board shall obtain such halls, rooms, quarters, and offices as it deems necessary for conducting its affairs. The board shall provide a portion of any such space as it shall deem necessary for the display of busts, statues, plaques, books, papers, pictures, and other exhibits and material relating to sports, athletics, and athletes. 50-12-62. It shall be the main purpose and function of the board to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to sports and athletics in this state or elsewhere. The board is authorized to conduct surveys and polls and to appoint committees to assist it in performing its function and purpose. 50-12-63. The board is authorized to solicit and accept donations, contributions, and gifts of money and property to enable it to carry out its function and purpose. The donations, contributions, and gifts shall be exempt from all taxation in this state. The General Assembly is authorized to appropriate funds to the board. Part 2 Georgia Golf Hall of Fame 50-12-64. (a) There is created the Georgia Golf Hall of Fame which shall be governed by the Georgia Golf Hall of Fame Board. (b) The board is assigned to the Department of Administrative Services for administrative purposes only, as specified in Code Section 50-4-3. 50-12-65. The board shall be composed of nine members to be appointed by the Governor. Initially, three members of the board shall be appointed for terms of two years, three members of the board shall be appointed for terms of three years, and three members of the board shall be appointed for terms of four years. Thereafter, all members shall be appointed for terms of six years. The Governor shall consider different areas of the state when making appointments to the board. The board shall elect a chairman, a vice-chairman, and such other officers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of

Page 1155

the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions; however, such employees shall not be subject to the state merit system of employment and employment administration. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually. A majority of the members shall constitute a quorum for the transaction of business. 50-12-66. It shall be the main purpose and function of the board to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or elsewhere. The board is authorized to conduct surveys and polls and to appoint committees to assist it in performing its purpose and function. 50-12-67. The headquarters of the board shall be located in Augusta, Richmond County, Georgia. The board may obtain such halls, rooms, quarters, and offices as it deems necessary for conducting its affairs. The board shall provide a portion of any such space as it shall deem necessary for the display of busts, statues, plaques, books, papers, pictures, and other exhibits and material relating to sports, athletics, and athletes. In addition, the board is authorized to recognize and designate any existing or proposed facility as a part of the Hall of Fame as may be appropriate. 50-12-68. (a) The board is authorized to solicit and accept donations, contributions, and gifts of money and property to enable it to carry out its function and purpose. The donations, contributions, and gifts shall be exempt from all taxation in this state. The General Assembly is authorized to appropriate funds to the board. (b) The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created. The board is authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board. Section 2. This Act shall become effective on November 1, 1982.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. GEORGIA STATE BOARD OF PHARMACY ACT AMENDED. Code Title 79A Amended. Code Title 26, Chapter 4 Amended. No. 1371 (House Bill No. 1261). AN ACT To amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, so as to change the provisions relating to the membership of the Georgia State Board of Pharmacy; to continue the State Board of Pharmacy and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to provide for the same change described above as well as to provide for nomination, appointment, and approval of the director and agents of the Georgia Drugs and Narcotics Agency and provide for their compensation; to change certain reporting requirements; to remove certain citizenship requirements for pharmacist and pharmacy licensure; to change certain requirements for pharmacy interns; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, is amended by striking Code Section 79A-202 in its entirety and substituting in lieu thereof a new Code Section 79A-202 to read as follows:

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79A-202. Effective July 1, 1982, the Georgia State Board of Pharmacy shall be expanded from six to eight members and shall consist of seven members who meet the qualifications of Code Section 79A-203 and one member who shall meet the qualifications of Code Section 79A-202.1. Members in office on July 1, 1982, shall serve out their terms of office and until their successors are appointed and qualified. Members of the Board shall be appointed by the Governor for a term of five years or until their successors are appointed and qualified. At the annual meeting of the Georgia Pharmaceutical Association there shall be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by this Chapter to fill the next vacancy occurring on the Board by reason of expiration of term. At the annual meeting of the Georgia Pharmaceutical Association in 1982, the licensed pharmacists present shall also nominate three practicing registered pharmacists who meet the qualifications imposed by this Chapter to fill the two additional positions on the Board. The secretary of said association shall regularly submit to the Governor the names of the three pharmacists so nominated for each vacancy and the Governor may make the appointment to fill each such vacancy from the names so submitted. Should any vacancy occur upon the State Board of Pharmacy other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the remainder of the unexpired term from a group of three practicing registered pharmacists nominated as aforesaid at any regular or special meeting of the Georgia Pharmaceutical Association. Section 2. Said Code Title is further amended by striking Code Section 79A-202.1 in its entirety and substituting in lieu thereof a new Code Section 79A-202.1 to read as follows: 79A-202.1. Effective July 1, 1982, the Board shall consist of eight members. In addition to the members of the Board who are pharmacists, the Board shall consist of a member, appointed by the Governor, who shall not have any connection whatsoever with the pharmaceutical industry. Such additional member may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in this State. Vacancies occurring in the membership of the Board occupied by a consumer shall be filled by the Governor for the unexpired term of office. Except for appointments to fill vacancies, the term of office of all members of the Board shall be for five years.

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Section 3. Said Code Title is further amended by adding immediately following Code Section 79A-202.1 a new Code Section 79A-202.2 to read as follows: 79A-202.2. Board continuation and termination. Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the State Board of Pharmacy and the laws relating thereto are hereby continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Part 2 Section 4. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking Code Section 26-4-31 in its entirety and substituting in lieu thereof a new Code Section 26-4-31 to read as follows: 26-4-31. (a) The board shall consist of seven members possessing the qualifications specified in Code Section 26-4-32 and one additional member possessing the qualifications specified in subsection (c) of this Code section who shall be appointed by the Governor for a term of five years or until their successors are appointed and qualified. (b) At the annual meeting of the Georgia Pharmaceutical Association there shall be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by this part to fill the next vacancy occurring on the board by reason of expiration of term. The secretary of said association shall regularly submit to the Governor the names of the three pharmacists so nominated and the Governor may make the

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appointment to fill such vacancy from the names so submitted. Should any vacancy occur upon the board other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the remainder of the unexpired term from a group of three practicing registered pharmacists nominated as aforesaid at any regular or special meeting of the Georgia Pharmaceutical Association. (c) The eighth member of the board shall be appointed by the Governor and shall not have any connection whatsoever with the pharmaceutical industry. Such member shall vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in this state. Vacancies occurring in the membership of the board `occupied by a consumer' shall be filled by the Governor for the unexpired term of office. Section 5. Said title is further amended by striking Code Section 26-4-41 and inserting in its place a new Code Section 26-4-41 to read as follows: 26-4-41. For the purposes of Chapter 2 of Title 43, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Pharmacy shall be terminated on July 1, 1988, and this part and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 6. Said title is further amended by striking Code Section 26-4-50, which reads as follows: 26-4-50. The joint-secretary is authorized to appoint a director of the Georgia Drugs and Narcotics Agency. It shall be the duty of the director to visit and inspect factories, warehouses, wholesaling establishments, retailing establishments, chemical laboratories, and such other establishments in which drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce; to enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the articles enumerated in this Code section; and to perform such other duties as may be directed by the board. He shall report to the board, the joint-secretary, or the Department of Public Safety, as appropriate, any and all violations of any of the drug laws of

Page 1160

this state. The director shall have authority to take up samples of the articles enumerated in this Code section from any of the said establishments for examination and analysis by the state chemist under his direction and supervision, or for examination under the direction and supervision of the board for the purpose of examination as provided by Code Section 26-4-54. The director shall be charged with the supervision and control of the Georgia Drugs and Narcotics Agency., and inserting in its place a new Code Section 26-4-50 to read as follows: 26-4-50. The Georgia State Board of Pharmacy shall appoint a director who shall hold office at the pleasure of the board, and should any vacancy occur in said office for any cause whatsoever, said board shall, either at a regular or called meeting, appoint his successor. The salary of the director shall be fixed by the Georgia State Board of Pharmacy. His whole time shall be at the disposal of the Georgia State Board of Pharmacy and it shall be his duty to visit and inspect factories, warehouses, wholesaling establishments, retailing establishments, chemical laboratories, and such other establishments in which drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce; to enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the above stated articles; and to perform such other duties as may be directed by the Georgia State Board of Pharmacy. He shall report to the Georgia State Board of Pharmacy or the secretary of said board any and all violations of any of the drug laws of this state. The director shall have authority to take up samples of the articles above referred to from any of the said establishments for examination and analysis by the state chemist, or under his direction and supervision, or for examination under the direction and supervision of the Georgia State Board of Pharmacy for the purpose of examination as provided by Code Section 26-4-54. The Georgia State Board of Pharmacy shall have authority to appoint such number of assistant drug agents as may be necessary for the proper enforcement of the laws of this state. Such assistant drug agents shall hold office at the pleasure of the Georgia State Board of Pharmacy. Section 7. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 26-4-72 and redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively,

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so that when so amended said subsection (a) shall read as follows: (a) No person shall be entitled to receive a license as a pharmacist unless he shall possess the following qualifications: (1) Be at least the legal age of majority; (2) Be a graduate of a generally recognized school or college of pharmacy, as the same may be defined by the board; (3) 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 board prior to that date; (4) Has successfully passed an examination administered by the board; and (5) Be a person of good moral character. Section 8. Said title is further amended by striking Code Section 26-4-77 and inserting in its place a new Code Section 26-4-77 to read as follows: 26-4-77. Any student in, or who has been accepted for admission to, any generally recognized school or college of pharmacy, and who has completed the prepharmacy requirements, may register with the board and may be licensed as a pharmacy intern. Licenses issued under this Code section shall bear the date thereof and shall be valid for up to two years. Licenses which shall expire by lapse of time may be renewed upon application, unless at the time of expiration there shall be pending before the board proceedings to suspend or revoke such license. A pharmacy intern may compound, mix, or dispense drugs and medicines or poisons only under the immediate supervision of a pharmacist. Section 9. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 26-4-101 and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, so that when so amended said subsection (a) shall read as follows:

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(a) No person shall be entitled to receive a pharmacy license unless he shall possess the following qualifications: (1) Be of good moral character; and (2) Have never been convicted of any felony or of any other crime of the United States, this state, or of any other state pertaining to the manufacturing, distribution, sales, or dispensing of drugs or narcotics, or have never been found to have violated any rule or regulation of the board. No person shall have their license revoked, if a hearing officer does not give a report of recommendation within 60 days of a revocation hearing. Part 3 Section 10. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

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EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA ACT AMENDED. Code Title 47, Chapter 2 Amended. No. 1372 (House Bill No. 1315). AN ACT To amend an Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to change the employee membership contribution rate; to make a legislative determination; to provide for retirement allowances and other provisions applicable to persons who first or again become employees and members of the Employees' Retirement System on or after July 1, 1982; to provide for employee membership contributions; to provide for employer contributions; to provide for optional elections; to specify provisions of the Employees' Retirement System Act which are not applicable to certain members; to provide that members shall have and be subject to all other rights, privileges, obligations, and duties specified by other provisions of the Employees' Retirement System Act; to provide that certain parts of this Act do not apply to certain members; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act establishing the Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is amended by adding after paragraph (b) of subsection (8) of Section 8, a new paragraph (b.1) to read as follows: (b.1) It is determined by the General Assembly of Georgia that an adjustment in the compensation of state employees is necessary to assure the future actuarial soundness of the Employees' Retirement System of Georgia, and to preserve and protect the fiscal integrity of the Employees' Retirement System so as to insure the future payment of retirement benefits and allowances to those entitled to same. Therefore, in addition to the employee membership contributions

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required by paragraph (b) above, from and after July 1, 1982, as an adjustment in compensation, each employer shall cause to be deducted from the earnable compensation of each member for each and every payroll period an additional one percent of such earnable compensation. This additional one percent deducted from the earnable compensation of members shall be paid monthly to the Board of Trustees and shall be credited to the individual accounts of the members in the annuity savings fund. This paragraph shall not be construed and is not intended so as to have any effect whatsoever on any amounts of contributions paid to any retirement system other than the Employees' Retirement System of Georgia. Section 2. Said Act is further amended by adding immediately following Section 15A a new Section 15B to read as follows: Section 15B. (1) Except where indicated clearly to the contrary by the context, the word `member' as used in this section shall mean any employee who first or again becomes a member of the Employees' Retirement System of Georgia on or after July 1, 1982. From and after July 1, 1982, every person first or again becoming an employee entitled to a new membership in the Employees' Retirement System of Georgia shall become a member subject to this section. (2) Every member subject to this section shall, upon becoming eligible under the provisions of the Employees' Retirement System Act, be entitled to a service retirement allowance, which shall consist of: (a) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and (b) An annual pension which, together with the annuity, shall provide a total retirement allowance equal to 1.5 percent of the member's average final compensation over the eight consecutive calendar quarters of creditable service producing the highest such average, multiplied by the number of his years of creditable service. The calculation of retirement benefits or allowances for any other form or type of retirement shall also be based upon the foregoing method of calculation. For the purposes of the foregoing calculation,

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any increase or decrease in salary in excess of two five percent increases or decreases during such eight consecutive calendar quarters shall be disregarded. (3) From and after July 1, 1982, every member subject to this section shall contribute employee membership contributions in the amount of 1/2 of one percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the Board of Trustees. Of the 1/2 of one percent deducted from the earnable compensation of members, 1/4 of one percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining 1/4 of one percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor. In the event a member is not covered by group term life insurance, the entire 1/2 of one percent deducted from the member's earnable compensation shall be credited to his individual account in the annuity savings fund. (4) From and after July 1, 1982, each employer shall pay monthly to the Board of Trustees, on behalf and to the credit of each member subject to this section, employer contributions in an amount equal to the aggregate amount of employer contributions plus employee contributions made by the employer as required by the Employees' Retirement System Act for and on behalf of persons within the membership of the Employees' Retirement System who are not subject to this section. With respect to members subject to this section, none of these employer contributions shall be considered as accumulated contributions of the member and none shall be eligible for withdrawal by the member upon cessation of State service. (5) Membership under this section shall be optional for any persons who are within the membership of the Employees' Retirement System on June 30, 1982. Any such persons may elect in writing on a form to be provided by the Board of Trustees to become a member subject to this section at any time on or after July 1, 1982. This written election shall be final and cannot be later changed or rescinded. Upon such election, a member shall be subject to all the provisions, terms and conditions of this section. Provided, however, that the calculation to determine retirement allowances for any person exercising such option shall be made as follows: (1) the retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the

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provisions of this section; (2) then, the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under the provisions of the Employees' Retirement System Act and the rules and regulations of the Board of Trustees contained other than in this section; (3) then, a benefit amount shall be determined based upon a fractional part of each retirement allowance computed in steps (1) and (2), which fractional part shall be computed by using the actual years of creditable service established under either this section, for step (1), or the provisions of the Employees' Retirement System Act contained other than in this section, for step (2), which number of years shall be the numerator of the fraction, over the actual years of creditable service established under both this section and the provisions of the Employees' Retirement System Act contained other than in this section which number shall be the denominator of the fraction; and (4) the two benefit amounts so determined shall then be added together to produce the actual retirement allowance. If a member is otherwise eligible for projected years in service, and unless same is made inapplicable by the conditions in subsection (6) of this section, projected years of service used in the determination of retirement benefits for death, disability, involuntary separation, or retirement with 34 years of service, shall be used in the computation of the retirement allowances under the foregoing steps (1) and (2). However, projected years of service used in such benefits computations shall not be used in determining the fractional part or allocation of the benefit amount described in foregoing step (3). (6) Members subject to this section shall be subject to the following conditions: (a) The provisions of subsection (11) of Section 5 of the Employees' Retirement System Act, as amended, shall not be applicable to members subject to this section; (b) No service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (3) and (4) of this section; and (c) The provisions of the last two paragraphs of subsection (1) of Section 4 of the Employees' Retirement System Act, as amended, shall not be applicable to members subject to this section.

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(7) All members subject to this section shall have and be subject to all other rights, privileges, obligations and duties specified by other provisions of the Employees' Retirement System Act, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this section. (8) This section shall not be construed and is not intended so as to have any effect whatsoever on persons within the membership of the Employees' Retirement System of Georgia on June 30, 1982, who do not elect in writing to become members subject to this section. Part 2 Section 3. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by adding at the end of Code Section 47-2-54 a new subsection (i) to read as follows: (i) It is determined by the General Assembly of Georgia that an adjustment in the compensation of state employees is necessary to assure the future actuarial soundness of the Employees' Retirement System of Georgia and to preserve and protect the fiscal integrity of the Employees' Retirement System so as to ensure the future payment of retirement benefits and allowances to those entitled to same. Therefore, in addition to the employee membership contributions required by subsections (b) and (c) of this Code section, from and after July 1, 1982, as an adjustment in compensation, each employer shall cause to be deducted from the earnable compensation of each member for each and every payroll period an additional 1 percent of such earnable compensation. This additional 1 percent deducted from the earnable compensation of members shall be paid monthly to the board of trustees and shall be credit to the individual accounts of the members in the annuity savings fund. This subsection shall not be construed and is not intended so as to have any effect whatsoever on any amounts of contributions paid to any retirement system other than the Employees' Retirement System of Georgia. Section 4. Said chapter is further amended by adding at the end thereof a new Code section, to be designated Code Section 47-2-334, to read as follows: 47-2-334. (a) Except where indicated clearly to the contrary by the context, the word `member' as used in this Code section shall

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mean any employee who first or again becomes a member of the Employees' Retirement System of Georgia on or after July 1, 1982. From and after July 1, 1982, every person first or again becoming an employee entitled to a new membership in the Employees' Retirement System of Georgia shall become a member subject to this Code section. (b) Every member subject to this Code section shall, upon becoming eligible under the provisions of this chapter, be entitled to a service retirement allowance, which shall consist of: (1) An annuity which shall be the actuarial equivalent of the member's accumulated contributions at the time of retirement; and (2) An annual pension which, together with the annuity, shall provide a total retirement allowance equal to 1.5 percent of the member's average final compensation over the eight consecutive calendar quarters of creditable service producing the highest such average, multiplied by the number of his years of creditable service. The calculation of retirement benefits or allowances for any other form or type of retirement shall also be based upon the foregoing method of calculation. For the purposes of the foregoing calculation, any increase or decrease in salary in excess of two 5 percent increases or decreases during such eight consecutive calendar quarters shall be disregarded. (c) From and after July 1, 1982, every member subject to this Code section shall contribute employee membership contributions in the amount of one-half of 1 percent of earnable compensation, which shall be deducted by each employer from the earnable compensation of each member for each and every payroll period and paid monthly to the board of trustees. Of the one-half of 1 percent deducted from the earnable compensation of members, one-fourth of 1 percent shall be credited to the individual accounts of the members in the annuity savings fund and the remaining one-fourth of 1 percent shall be credited to the group term life insurance fund in lieu of any other deduction therefor. In the event a member is not covered by group term life insurance, the entire one-half of 1 percent deducted from the member's earnable compensation shall be credited to his individual account in the annuity savings fund.

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(d) From and after July 1, 1982, each employer shall pay monthly to the board of trustees, on behalf and to the credit of each member subject to this Code section, employer contributions in an amount equal to the aggregate amount of employer contributions plus employee contributions made by the employer as required by this chapter for and on behalf of persons within the membership of the Employees' Retirement System who are not subject to this Code section. With respect to members subject to this Code section, none of these employer contributions shall be considered as accumulated contributions of the member and none shall be eligible for withdrawal by the member upon cessation of state service. (e) Membership under this Code section shall be optional for any persons who are within the membership of the Employees' Retirement System on June 30, 1982. Any such persons may elect in writing on a form to be provided by the board of trustees to become a member subject to this Code section at any time on or after July 1, 1982. This written election shall be final and cannot be later changed or rescinded. Upon such election, a member shall be subject to all the provisions, terms, and conditions of this Code section; provided, however, that the calculation to determine retirement allowances for any person exercising such option shall be made as follows: (1) The retirement allowance shall be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this Code section; (2) Then the retirement allowance shall also be computed fully as if all creditable service of the member were acquired and calculated under the provisions of this chapter and the rules and regulations of the board of trustees contained other than in this Code section; (3) Then, a benefit amount shall be determined based upon a fractional part of each retirement allowance computed in steps (1) and (2), which fractional part shall be computed by using the actual years of creditable service established under either this Code section, for step (1), or the provisions of this chapter contained other than in this Code section, for step (2), which number of years shall be the numerator of the fraction, over the total actual years of creditable service established under both this Code section and the provisions of this chapter contained other than in this Code section, which number shall be the denominator of the fraction;

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(4) The two benefit amounts so determined shall then be added together to produce the actual retirement allowance; and (5) If a member is otherwise eligible for projected years in service, and unless same is made inapplicable by the conditions in subsection (f) of this Code section, projected years of service used in the determination of retirement benefits for death, disability, involuntary separation, or retirement with 34 years of service, shall be used in the computation of the retirement allowances under the foregoing steps (1) and (2). However, projected years of service used in such benefits computations shall not be used in determining the fractional part or allocation of the benefit amount described in foregoing step (3). (f) Members subject to this Code section shall be subject to the following conditions: (1) The provisions of subsection (d) of Code Section 47-2-120 shall not be applicable to members subject to this Code section; (2) No service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and (3) The provisions of subsections (a) and (b) of Code Section 47-2-91 shall not be applicable to members subject to this Code section. (g) All members subject to this Code section shall have and be subject to all other rights, privileges, obligations and duties specified by other provisions of this chapter, and all such other provisions shall be of full force and effect with respect to any matter not specifically provided for in this Code section. (h) This Code section shall not be construed and is not intended so as to have any effect whatsoever on persons within the membership of the Employees' Retirement System of Georgia on June 30, 1982, who do not elect in writing to become members subject to this Code section.

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Part 3 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 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. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. FIREARMS POSSESSION BY CONVICTED FELONS. Code Sections 26-2914, 16-11-131 Amended. No. 1374 (House Bill No. 1585). AN ACT To amend Code Section 26-2914, relating to the possession of firearms by convicted felons, so as to authorize the Board of Public

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Safety to grant relief from the disabilities imposed by this Code section under certain circumstances; to amend Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the possession of firearms by convicted felons, so as to provide therein for the same changes provided for above; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 26-2914, relating to the possession of finearms by convicted felons, is amended by striking subsection (d) of said Code section in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the Secretary of the Treasury pursuant to 18 U.S.C. 925, shall, upon presenting to the Board of Public Safety proof that such relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this section. A record that such relief has been granted by the board shall be entered upon the criminal history of such person maintained by the Georgia Crime Information Center and said board shall maintain a list of the names of such persons which shall be open for public inspection. Part 2 Section 2. Code Section 16-11-131 of the Official Code of Georgia Annotated, relating to the possession of firearms by convicted

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felons, is amended by striking subsection (d) of said Code section in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

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PUBLIC SERVICE COMMISSION QUALIFICATIONS OF DIRECTOR OF UTILITY FINANCE SECTION. Code Sections 93A-202a, 46-2-41 Amended. No. 1375 (House Bill No. 1630). AN ACT To amend Code Section 93A-202a, relating to the qualifications and duties of the director of the Utility Finance Section, so as to change the qualifications of said director; to amend the Official Code of Georgia Annotated accordingly; to provide affective dates; 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: Part 1 Section 1. Code Section 93A-202a, relating to the qualifications and duties of the director of the Utility Finance Section, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The director of the section must possess at least five years' experience in the field of public regulation of business, whether through employment with a state or federal agency, in industry, in education, or through the practice of law. This individual must have graduated from a four-year college with a major in either accounting, finance, business, or management or have graduated from a law school and been admitted to the State Bar of Georgia. Part 2 Section 2. Code Section 46-2-41 of the Official Code of Georgia Annotated, relating to the director of the Utility Finance Section, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) The director of the Utility Finance Section must possess at least five years' experience in the field of public regulation of business, whether through employment with a state or federal agency, in industry, in education, or through the practice of law. This individual must have graduated from a four-year college with a major in either accounting, finance, business, or management or have graduated from a law school and been admitted to the State Bar of Georgia. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. CERTIFICATION OF MEMBERS OF COUNTY BOARDS OF EDUCATION AND COUNTY SCHOOL SUPERINTENDENTS. Code Section 20-2-53 Amended. No. 1376 (House Bill No. 1641). AN ACT To amend Code Section 20-2-53 of the Official Code of Georgia Annotated, relating to certifying the selection of members of county

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boards of education and county school superintendents, so as to change the provisions relative to such certification; 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 20-2-53 of the Official Code of Georgia Annotated, relating to certifying the selection of members of county boards of education and county school superintendents, is amended by striking said Code section, which reads as follows: 20-2-53. Whenever members of a county board of education are elected or appointed, it shall be the duty of the clerk of the superior court to forward to the State School Superintendent a certified statement of the facts, under the seal of the court, as evidence upon which to issue commissions. This statement must give the names of the members of the county board chosen and state whom they succeed and whether the offices were vacated by resignation, death, or otherwise. The evidence of the election of a county school superintendent shall be the certified statement of the secretary of the meeting of the county board at which the election was held. Any member of a county board may be removed by the judge of the superior court of the county, upon petition of two-thirds of the grand jury, for inefficiency, incapacity, general neglect of duty, or malfeasance or corruption in office, after opportunity to answer charges., in its entirety and substituting in lieu thereof a new Code Section 20-2-53 to read as follows: 20-2-53. Whenever members of a county board of education or county school superintendent are appointed, it shall be the duty of the clerk of the superior court, when the members of the board of education are appointed by the Grand Jury; or the secretary of the board of education when members of the board of education or superintendent are appointed by the board of education, to forward to the Secretary of State a certified statement of the appointments, and commissions shall be issued as for county officers. The statement must give the name of the appointee, whom they succeed, whether the office was vacated by resignation, death, or otherwise, and the effective date of the appointment. Section 2. This Act shall become effective on November 1, 1982.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. MUNICIPALITIES AUTHORITY TO CLOSE STREETS BY CERTAIN MUNICIPALITIES (400,000 OR MORE). Code Section 36-30-12 Amended. No. 1377 (House Bill No. 1671). AN ACT To amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions pertaining to municipal corporations, so as to authorize the municipal authorities in certain municipal corporations to close municipal streets under certain conditions; 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. Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions pertaining to municipal corporations, is amended by adding a new Code Section 36-30-12 at the end thereof to read as follows: 36-30-12. In all municipal corporations of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census, the municipal authorities of such municipal corporations are authorized to close any municipal streets adjacent to or through institutions of higher learning during any hours in which the municipal authorities determine that it is in the best interest of the public safety and welfare to do so. For the purposes of this Code section, public safety and welfare shall

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be defined to include not only considerations of the flow of traffic, but may also include a determination that to close said streets during such hours will enhance police protection on said streets. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. SECURITIES TRANSACTIONAL EXEMPTIONS. Code Section 10-5-9 Amended. No. 1378 (House Bill No. 1693). AN ACT To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to empower the Commissioner of Securities to create by rule a limited offering transactional exemption; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, is amended by replacing the period at the end of paragraph (15) of Code Section 10-5-9 with a semicolon and adding thereafter the following new paragraph (16): (16) Any transaction exempted by rule under this paragraph: (A) The commissioner is granted authority to create by rule a limited offering transactional exemption and procedures pertaining thereto which shall further the objectives of compatibility

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with federal exemptions and uniformity among states. Except as otherwise provided, any such rule shall require that the commissioner receive prior to any such sale: (i) A notice of intention to sell which has been executed by the applicant which sets forth the information required by the rule; (ii) A filing fee of $250.00; (iii) A consent to service of process in the form prescribed by Code Section 10-5-18 which has been executed by the applicant; and (iv) Such information as the commissioner may by rule or regulation require; (B) The above information shall be provided according to procedures promulgated by the commissioner pursuant to this Code section and one or more of the above requirements may, by rule, be waived by the commissioner. (C) The commissioner shall issue to the person who executed the notice of intention to sell a certificate which shall state the compliance or noncompliance with the filing requirements of this Code section. (D) If any sale is to be made pursuant to this exemption more than 12 months after the date on which the commissioner issues his certificate under this Code section, such rule shall require the applicant to pay a renewal fee of $100.00. The applicant shall be required to comply with this renewal requirement every 12 months so long as the offering shall continue in this state. Upon any renewal, the commissioner shall issue a certificate which shall be signed and sealed by him and which shall state the compliance or noncompliance with the renewal requirements of this Code section. Section 2. This Act shall become effective November 1, 1982.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. CLERKS OF SUPERIOR COURTS COMPENSATION. Code Section 15-6-89 Amended. No. 1380 (House Bill No. 1714). AN ACT To amend Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to additional remuneration for clerks of the superior courts, so as to add provisions relative to the abolishment of certain courts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 15-6-89 of the Official Code of Georgia Annotated, relating to additional remuneration for clerks of the superior courts, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 15-6-89 to read as follows: 15-6-89. In addition to the minimum salary provided in Code Section 15-6-88, each clerk of the superior court of any county who also serves as clerk of a state court, county court, city court, or civil court under any applicable general or local law of this state shall receive for his services in such other court a salary of not less than $100.00 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall continue to receive the amount provided above.

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Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. GEORGIA CRIMINAL JUSTICE ACT AMENDED. Code Section 17-12-7 Amended. No. 1381 (House Bill No. 1729). AN ACT To amend an Act known as The Georgia Criminal Justice Act, approved April 8, 1968 (Ga. L. 1968, p. 999), as amended, so as to provide that the public defender may engage in the practice of criminal law during his incumbency under certain conditions; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as The Georgia Criminal Justice Act, approved April 8, 1968 (Ga. L. 1968, p. 999), as amended, is amended by striking subsection (b) of Section 6 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) If an office of public defender is established for a county, the superior court of that county shall appoint the person to serve as public defender for a term of two years. The public defender must be licensed to practice law in this state and must be competent to counsel and defend a person charged with crime. During his incumbency

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the public defender may not engage in the practice of criminal law other than in the discharge of the duties of his office unless he is approved in writing to practice criminal law by the senior judge of the superior court of his judicial circuit. The superior court, with the concurrence of the county governing authority of the county, shall determine whether the public defender is to be employed on a full-time or a part-time basis and shall determine his compensation. Part 2 Section 2. Code Section 17-12-7 of the Official Code of Georgia Annotated, relating to the establishment and maintenance of office of public defender generally, is amended by striking subsection (b) of said Code section in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) If an office of public defender is established for a county, the superior court of that county shall appoint a person to serve as public defender for a term of two years. The public defender must be licensed to practice law in this state and must be competent to counsel and defend a person charged with a crime. During his incumbency the public defender may not engage in the practice of criminal law other than in the discharge of the duties of his office unless he is approved in writing to practice criminal law by the senior judge of the superior court of his judicial circuit. The superior court, with the concurrence of the county governing authority, shall determine whether the public defender is to be employed on a full-time or a part-time basis and shall determine his compensation. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. SPECIAL OFFICERS FOR PROTECTION OF RAILROAD PROPERTY. Code Section 46-8-232 Amended. No. 1382 (House Bill No. 1755). AN ACT To amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to the appointment of special officers for the protection of railroad property, so as to change the requirements 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 46-8-232 of the Official Code of Georgia Annotated, relating to the appointment of special officers for the protection of railroad property, is amended by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and by striking subsections (a) and (b) in their entirety and substituting in lieu thereof one new subsection (a) to read as follows: (a) Every special officer appointed and commissioned under this article shall be a resident of the state and of good character, and shall have been an employee of the company making application for six months prior to the time of application. Every such officer shall be required to post a good and sufficient bond payable to the State of Georgia in the sum of $1,000.00, conditioned on the faithful performance of his duties.

Page 1184

Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. TAX EXECUTIONS NOTICE TO OWNERS BY SHERIFFS. Code Sections 48-3-9, 48-3-10 Amended. No. 1383 (House Bill No. 1774). AN ACT To amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide for the sheriff to give notice to the owner of the last duly recorded warranty deed prior to the advertisement for sale of any real property levied upon by the sheriff for taxes; to specify the form of such notice; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking subsection (a) of Code Section 48-3-9 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Whenever any real estate is levied upon by the sheriff for taxes, it shall be the sheriff's duty before proceeding to advertise the property for sale as provided by law to give 20 days' written notice of the levy to the record owner of the property and the owner of each security deed and mortgage contained in the list filed with him as provided in subsection (b) of this Code section. The period of 20 days shall begin to run from the time the notice is personally delivered or,

Page 1185

when delivered by registered or certified mail as provided in this Code section, from the date of its mailing. The notice shall contain a description of the land levied upon, the name of the owner of the land, the year or years for which the taxes were assessed, and a statement of the amount of the taxes due, together with the accrued cost. The notice shall be delivered to the owner either in person or by registered or certified mail, with return receipt requested at the address given on the list. The sheriff shall keep a copy of the notice on which he shall enter the date the notice was delivered and how, where, and to whom the notice was delivered. The sheriff shall file the copy with the list provided for in this Code section. Section 2. Said Chapter 3 is further amended by striking Code Section 48-3-10 in its entirety and inserting in lieu thereof a new Code Section 48-3-10 to read as follows: 48-3-10. The form of the notice required by Code Section 48-3-9 to be given by the sheriff to the record owner of the property and the owner of each security deed or mortgage complying with Code Section 48-3-9 shall be in substance as follows: DELINQUENT TAXES

Page 1186

Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. APPELLATE PROCEDURE AFFIDAVITS OF INDIGENCE. Code Section 5-6-4 Amended. No. 1384 (House Bill No. 1814). AN ACT To amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appeals to the appellate courts in general, so as to provide that a brief in criminal appeals may be filed if counsel files therewith his affidavit that he was appointed by the trial court and his client is indigent; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appeals to the appellate courts in general, is amended by replacing Code Section 5-6-4 with a new Code section to read as follows: 5-6-4. The bill of costs in every case carried to the Supreme Court or to the Court of Appeals and heard therein shall be $30.00. In every case carried to the courts and withdrawn or dismissed on or before the case is called for argument, the bill of costs shall be $20.00.

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Upon filing his original brief, counsel for appellant shall: (1) pay all costs due in the case; (2) file with his brief a statement that an affidavit of indigence has been duly filed; or (3) file with this brief his own affidavit that he was appointed to represent the defendant by the trial court because of the defendant's indigency. The clerk is prohibited from receiving the brief of the appellant unless the costs have been paid or a sufficient affidavit of indigence is contained in the record or filed with the brief. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. EVIDENCE COMPETENCY OF SPOUSES TO TESTIFY AS TO ADULTERY OF THE OTHER. Code Sections 38-1606, 24-9-2 Amended. No. 1385 (House Bill No. 1838). AN ACT To amend Code Chapter 38-16, relating to competency of witnesses, so as to provide that a husband and wife shall each be competent to testify to the adultery of the other in any civil proceeding; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 1188

Part 1 Section 1. Code Chapter 38-16, relating to competency of witnesses, is amended by replacing Code Section 38-1606 which reads as follows: 38-1606. Adultery cases. Nothing contained in section 38-1603 shall apply to any action, suit, or proceeding in any court, instituted in consequence of adultery: Provided, however, that this Section shall not prevent a party charged with adultery from being competent to testify as to his or her innocence of such charge; and provided further that in any criminal case involving the crime of child abandonment the mother and the alleged father of the child, either legitimate or illegitimate, shall be competent witnesses in such cases to testify for or against each other, notwithstanding the fact that such testimony may relate to adultery by either the mother or the father which may have resulted in the conception of the child., with a new Code section to read as follows: 38-1606. In any civil proceeding a husband and wife shall each be competent to testify to the adultery of the other; and a party shall be competent to testify to his or her innocence of adultery in such proceeding. Part 2 Section 2. Article 1 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to competency of witnesses, is amended by replacing Code Section 24-9-2 which reads as follows: 24-9-2. Nothing contained in Code Section 24-9-1 shall apply to any action, suit, or proceeding in any court instituted in consequence of adultery; provided, however, that this Code section shall not prevent a party charged with adultery from being competent to testify as to his or her innocence of such charge; and provided, further, that in any criminal case involving the crime of child abandonment the mother and the alleged father of the child, either legitimate or illegitimate, shall be competent witnesses in such cases to testify for or against each other, notwithstanding the fact that such testimony may relate to adultery by either the mother or the father which may have resulted in the conception of the child., with a new Code section to read as follows:

Page 1189

24-9-2. In any civil proceeding a husband and wife shall each be competent to testify to the adultery of the other; and a party shall be competent to testify to his or her innocence of adultery in such proceeding. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. INVESTIGATIONS IN CHILD CUSTODY CASES. Code Section 19-9-4 Amended. No. 1386 (House Bill No. 94). AN ACT To amend an Act providing for investigations and reports in certain child custody cases, approved March 25, 1980 (Ga. L. 1980, p. 1149), so as to provide that the court in its discretion may order such reports and investigations in any child custody case; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

Page 1190

Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act providing for investigations and reports in certain child custody cases, approved March 25, 1980 (Ga. L. 1980, p. 1149), is amended by adding immediately after the first sentence of Section 1 the following: In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the court shall also have authority on its own motion to order such an investigation if in the court's opinion the investigation would be useful in determining placement or custody of the child., so that when so amended said Section 1 shall read as follows: Section 1. On motion of either party in any action or proceeding involving determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child, the court may direct the appropriate family and children services agency or any other appropriate entity to investigate the home life and home environment of each of the parents. In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the court shall also have authority on its own motion to order such an investigation if in the court's opinion the investigation would be useful in determining placement or custody of the child. The court may also direct either party to pay to such agency the reasonable cost, or any portion thereof, of such investigation. The report of such investigation will be made to the court directing the investigation. Provided, however, any report made at the direction of the court shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be determined. Provided, further, both parties shall have the right to confront and cross-examine the person or persons who conducted the investigation or compiled the report if adequate and legal notice is made.

Page 1191

Part 2 Section 2. Code Section 19-9-4, relating to investigations in child custody cases, is amended by replacing subsection (a) with a new subsection to read as follows: (a) On motion of either party in any action or proceeding involving determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child, the court may direct the appropriate family and children services agency or any other appropriate entity to investigate the home life and home environment of each of the parents. In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the court shall also have authority on its own motion to order such an investigation if in the court's opinion the investigation would be useful in determining placement or custody of the child. The court may also direct either party to pay to the agency the reasonable cost, or any portion thereof, of the investigation. The report of the investigation will be made to the court directing the investigation. Any report made at the direction of the court shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be determined. Both parties shall have the right to confront and cross-examine the person or persons who conducted the investigation or compiled the report if adequate and legal notice is given. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. Code Section 47-3-87.1 Amended. No. 1387 (House Bill No. 291). AN ACT To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 16, 1979 (Ga. L. 1979, 1196), so as to provide creditable service for certain prior service as a member of a certain local retirement fund; to provide conditions relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved April 16, 1979 (Ga. L. 1979, 1196), is amended by adding at the end of Section 4 a new subsection (7) to read as follows: (7) (a) As used in this subsection the terms `independent school system' and `local retirement fund' shall have the same meaning as defined by subparagraphs (ii) and (iii) of paragraph (a) of subsection (8) of Section 9 of this Act.

Page 1193

(b) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such independent school system and had a vested right to benefits thereunder and who has not withdrawn employee contributions from the local retirement system shall receive creditable service under this Act equivalent to the creditable service the member had under said local retirement fund subject to the following conditions: (i) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system shall pay to the Board of Trustees the total amount of employee contributions credited to the member under the local retirement fund plus applicable accrued regular interest (as determined by the Board of Trustees) which would have accumulated on such contributions. Such payment must be paid to the Board of Trustees, in a manner prescribed by the Board, by not later than January 1, 1983, or by the date of retirement, if the member retires prior to January 1, 1983. (ii) The member shall pay to the Board of Trustees the amount of contributions which would have been paid by the member to the Teachers' Retirement System if the member had been a member of the Teachers' Retirement System for the period of creditable service the member had under the local retirement fund plus applicable accrued regular interest (as determined by the Board of Trustees) which would have accumulated on such contributions, but the amount otherwise payable hereunder shall be reduced by the amount paid to the Board of Trustees under subparagraph (i) of this paragraph. Such payment must be made to the Board of Trustees, in a manner prescribed by the Board, by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this paragraph shall not be granted to the member until the payment required by this subparagraph has been made to the Board of Trustees. (iii) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system, shall pay to the Board of Trustees

Page 1194

the amount of employer contributions for such creditable service, which would have been paid to the Teachers' Retirement System had the teacher been a member of the Teachers' Retirement System at the time the service was rendered, plus applicable accrued regular interest thereon (as determined by the Board of Trustees). (iv) No creditable service under this paragraph may be obtained for creditable service under a local retirement fund unless the member has forfeited any right to receive a retirement benefit under the local retirement fund. (v) No creditable service under this paragraph may be obtained if such creditable service would not be allowable under other provisions of this Act. (vi) Paragraphs (i), (j), and (k) of subsection (8) of Section 9 of this Act shall apply to payments required by this paragraph. (c) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such independent school system and had no vested right to benefits thereunder and who has withdrawn employee contributions from the local retirement fund and who had 17 years or more of creditable service with that local retirement fund shall receive creditable service under this Act equivalent to the creditable service the member had under said local retirement fund upon the payment by the member to the Board of Trustees of the amount of contributions which would have been paid by the member to the Teachers' Retirement System if the member had been a member of the Teachers' Retirement System for the period of creditable service the member had under the local retirement fund, plus applicable accrued regular interest (as determined by the Board of Trustees) which would have accumulated on such contributions. Such payment must be paid to the Board of Trustees in a manner prescribed by the Board by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this paragraph shall not be granted until the payment required by this paragraph has been made to the Board of Trustees. Subparagraphs (iv) and (v) of paragraph (b) of this subsection shall apply to creditable service obtained under this paragraph.

Page 1195

Part 2 Section 2. Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System, is amended by adding between Code Sections 47-3-87 and 47-3-88 a new Code Section 47-3-87.1 to read as follows: 47-3-87.1. (a) As used in this Code section the terms `independent school system' and `local retirement fund' shall have the same meaning as defined by paragraphs (1) and (2) of subsection (a) of Code Section 47-3-66. (b) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such independent school system and had a vested right to benefits thereunder and who has not withdrawn employee contributions from the local retirement system shall receive creditable service under this chapter equivalent to the creditable service the member had under said local retirement fund subject to the following conditions: (1) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system shall pay to the board of trustees the total amount of employee contributions credited to the member under the local retirement fund plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such contributions. Such payment must be paid to the board of trustees, in a manner prescribed by the board, by not later than January 1, 1983, or by the date of retirement, if the member retires prior to January 1, 1983. (2) The member shall pay to the board of trustees the amount of contributions which would have been paid by the member to the Teachers Retirement System if the member had been a member of the Teachers Retirement System for the period of creditable service the member had under the local retirement fund plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such contributions, but the amount otherwise payable hereunder shall be reduced by the amount paid to the board of trustees under paragraph (1) of this subsection. Such payment must be made to the board of trustees, in a manner prescribed by the board, by not

Page 1196

later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this subsection shall not be granted to the member until the payment required by this paragraph has been made to the board of trustees. (3) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund of the independent school system, shall pay to the board of trustees the amount of employer contributions for such creditable service, which would have been paid to the Teachers Retirement System had the teacher been a member of the Teachers Retirement System at the time the service was rendered, plus applicable accrued regular interest thereon (as determined by the board of trustees). (4) No creditable service under this subsection may be obtained for creditable service under a local retirement fund unless the member has forfeited any right to receive a retirement benefit under the local retirement fund. (5) No creditable service under this subsection may be obtained if such creditable service would not be allowable under other provisions of this chapter. (6) Subsections (i), (j), and (k) of Code Section 47-3-66 shall apply to payments required by this subsection. (c) Any active member who was employed by an independent school system prior to, but not later than, June 30, 1979, and who was, while so employed, a member of a local retirement fund of such independent school system and had no vested right to benefits thereunder and who has withdrawn employee contributions from the local retirement fund and who had 17 years or more of creditable service with that local retirement fund shall receive creditable service under this chapter equivalent to the creditable service the member had under said local retirement fund upon the payment by the member to the board of trustees of the amount of contributions which would have been paid by the member to the Teachers Retirement System if the member had been a member of the Teachers Retirement System for the period of creditable service the member had under the local retirement fund, plus applicable accrued regular interest (as determined by the board of trustees) which would have accumulated on such contributions. Such payment must be paid to

Page 1197

the board of trustees in a manner prescribed by the board by not later than January 1, 1983, or by the date of retirement if the member retires prior to January 1, 1983. Creditable service under this subsection shall not be granted until the payment required by this subsection has been made to the board of trustees. Paragraphs (4) and (5) of subsection (b) of this Code section shall apply to creditable service obtained under this subsection. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. CORPORATIONS INSTRUMENTS CONVEYING INTEREST IN REAL PROPERTY. Code Sections 22-5106, 14-5-7 Amended. No. 1388 (House Bill No. 371). AN ACT To amend Code Section 22-5106, relating to execution of instruments conveying interest in real property, so as to provide for the execution of instruments releasing a security agreement; to amend

Page 1198

the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 22-5106, relating to execution of instruments conveying interest in real property, is amended by adding at the end thereof a new paragraph to read as follows: Instruments executed by a corporation releasing a security agreement, when signed by one officer of the corporation or by an individual designated by the officers of the corporation by proper resolution, without the necessity of the corporation's seal being attached, shall be conclusive evidence that said officer signing is duly authorized to execute and deliver the same., so that when so amended Code Section 22-5106 shall read as follows: 22-5106. Execution of Instruments Conveying Interest in Real Property; Presumption of Authority of Executing Officers; Exceptions. Instruments executed by a corporation conveying an interest in real property, with the exception of transfers of and releases from security instruments, when signed by the president or vice president and attested or countersigned by the secretary or assistant secretary or cashier or assistant cashier of the corporation, with the corporation's seal attached, shall be conclusive evidence that said officers signing are duly authorized to execute and deliver the same. Any corporation may, by proper resolution, authorize the execution of such instruments by other officers of the corporation. Instruments executed by a corporation releasing a security agreement, when signed by one officer of the corporation or by an individual designated by the officers of the corporation by proper resolution, without the necessity of the corporation's seal being attached, shall be conclusive evidence that said officer signing is duly authorized to execute and deliver the same. Part 2 Section 2. Code Section 14-5-7 of the Official Code of Georgia Annotated, relating to instruments executed by corporations conveying

Page 1199

interests in real property, is amended by designating the existing text of the Code section as subsection (a) and adding thereafter a new subsection (b) to read as follows: (b) Instruments executed by a corporation releasing a security agreement, when signed by one officer of the corporation or by an individual designated by the officers of the corporation by proper resolution, without the necessity of the corporation's seal being attached, shall be conclusive evidence that said officer signing is duly authorized to execute and deliver the same. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. GEORGIA INSURANCE CODE AMENDED. Code Sections 56-1715, 56-1817, 56-1040, 33-18-25, 33-19-17, 33-11-36 Amended. No. 1389 (House Bill No. 485). AN ACT To amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to clarify existing law concerning the investment

Page 1200

authority of nonprofit hospital service corporations organized under the provisions of Code Chapter 56-17 and of medical service nonprofit corporations organized under the provisions of Code Chapter 56-18; to provide for clarification with respect to the authority of certain companies writing annuities and the investment of funds allocated to separate accounts; to amend the Official Code of Georgia Annotated accordingly; to provide for the automatic repeal of certain portions of this Act; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 56, known as the Georgia Insurance Code, as amended, is amended by striking Code Section 56-1715, which reads as follows: 56-1715. Investments. The funds of any corporations subject to the provisions of this Chapter shall be invested only in securities permitted by the laws of the State of Georgia for the investment of assets of life insurance companies., in its entirety and inserting in lieu thereof a new Code Section 56-1715 to read as follows: 56-1715. Investments. The funds of any corporations subject to the provisions of this Chapter shall be invested only in securities permitted by the laws of the State of Georgia for the investment of assets of life insurance companies. Nothing contained herein shall be deemed to prohibit such corporation from investing its funds in a home office building or other tangible assets related to the operation of its business or from investing its funds in a wholly owned subsidiary agency corporation organized to solicit applications for insurance policies to be issued by an insurer authorized to transact life insurance in this State, subject to the same requirements, conditions, restrictions, and limitations as are applicable to such investments by life insurers.

Page 1201

Section 2. Said Code Title 56 is further amended by striking Code Section 56-1817, which reads as follows: 56-1817. Investments. The funds of such corporation shall be invested only in securities permitted by the laws of the State of Georgia for the investment of assets of insurance companies., in its entirety and inserting in lieu thereof a new Code Section 56-1817 to read as follows: 56-1817. Investments. The funds of such corporation shall be invested only in securities permitted by the laws of this state for the investment of assets of life insurance companies. Nothing contained herein shall be deemed to prohibit such corporation from investing its funds in a home office building or other tangible assets related to the operation of its business or from investing its funds in a wholly owned subsidiary agency corporation organized to solicit applications for insurance policies to be issued by an insurer authorized to transact life insurance in this state, subject to the same requirements, conditions, restrictions, and limitations as are applicable to such investments by life insurers. Section 3. Said Code Title 56 is further amended by striking subsections (a) and (m) of Code Section 56-1040 and inserting in their respective places new subsections (a) and (m) to read as follows: (a) When used in this section, the term `variable annuity contract' shall mean any individual or group contract issued by an insurance company or annuity company providing for annuity benefits and incidental contractual payments or values which vary in whole or in part so as to reflect investment results of any segregated portfolio of investments or of a designated separate account or accounts in which amounts received or retained in connection with any of such contracts have been placed. (m) No company shall deliver or issue for delivery variable contracts within this State unless (1) it is licensed or organized to do a life insurance or annuity business in this State or is organized as a nonprofit educational corporation in its state of domicile and issues variable annuity contracts solely for the purpose of aiding and strengthening nonproprietary and nonprofit-making colleges, universities, and other institutions engaged primarily in education or research; and (2) the commissioner is satisfied that its condition or

Page 1202

method of operation in connection with the issuance of such contracts will not render its operation hazardous to the public or its policyholders in this State. In this connection, the commissioner shall consider among other things: (1) The history and financial condition of the company; (2) The character, responsibility and fitness of the officers and directors of the company; and (3) The law and regulation under which the company is authorized in the State of domicile to issue variable contracts. Part 2 Section 4. Title 33 of the Official Code of Georgia Annotated, known as the Georgia Insurance Code, is amended by striking Code Section 33-18-25 in its entirety and inserting in lieu thereof a new Code Section 33-18-25 to read as follows: 33-18-25. The funds of any medical service corporation subject to this chapter shall be invested only in securities in which assets of insurance companies may be authorized under the laws of this state. Nothing contained in this Code section shall be deemed to prohibit such corporation from investing its funds in a home office building or other tangible assets related to the operation of its business or from investing its funds in a wholly owned subsidiary agency corporation organized to solicit applications for insurance policies to be issued by an insurer authorized to transact life insurance in this state, subject to the same requirements, conditions, restrictions, and limitations as are applicable to such investments by life insurers. Section 5. Said title is further amended by striking Code Section 33-19-17 in its entirety and inserting in lieu thereof a new Code section to read as follows: 33-19-17. The funds of any corporations subject to this chapter shall be invested only in securities in which assets of life insurance companies may be invested under the laws of this state. Nothing contained in this Code section shall be deemed to prohibit such corporation from investing its funds in a home office building or other tangible assets related to the operation of its business or from investing its funds in a wholly owned subsidiary agency corporation

Page 1203

organized to solicit applications for insurance policies to be issued by an insurer authorized to transact life insurance in this state, subject to the same requirements, conditions, restrictions, and limitations as are applicable to such investments by life insurers. Section 6. Said Title 33 is further amended by striking subsections (a) and (e) of Code Section 33-11-36 and inserting in their respective places new subsections (a) and (e) to read as follows: (a) As used in this Code section, `variable life insurance policy' means any individual or group policy issued by an insurance company or annuity company providing for life insurance and benefits incidental thereto, under which payments or values may vary in whole or in part so as to reflect investment results of any segregated portfolio of investments or of a designated separate account or accounts in which amounts received or retained in connection with any of such policies have been placed. (e) No company shall deliver or issue for delivery variable life insurance policies within this state unless it has a current certificate of authority to transact life insurance in this state or is organized as a nonprofit educational corporation in its state of domicile and issues variable annuity contracts solely for the purpose of aiding and strengthening nonproprietary and nonprofit-making colleges, universities, and other institutions engaged primarily in education or research and the Commissioner is satisfied that its condition or method of operations in connection with the issuance of such policies will not render its operation hazardous to the public or its policy-holders in this state. In this connection, the Commissioner shall consider among other things: (1) The history and financial condition of the company; (2) The experience, character, responsibility, and fitness of the officers and directors of the company; and (3) The law and regulation under which the company is authorized in the state of domicile to issue variable life insurance policies.

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Part 3 Section 7. The General Assembly finds and declares that the above is declaratory of the intent of existing law. Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. CHILD SUPPORT RECOVERY ACT AMENDED. Code Chapter 24-27A Amended. Code Sections 19-11-19, 15-15-4.1 Amended. No. 1390 (House Bill No. 1407). AN ACT To amend an Act known as the Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, particularly by an Act approved April 7, 1976 (Ga. L. 1976, p. 1537), so as to redefine earnings so that unemployment compensation benefits are subject to interception for the purpose of enforcing support obligations; to amend Code Chapter 24-27A, relating to child support receivers, so as to authorize a child support receiver to initiate

Page 1205

contempt proceedings against any individual required to make child support payments under certain circumstances; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, particularly by an Act approved April 7, 1976 (Ga. L. 1976, p. 1537), is amended by striking paragraph (4) of subsection (d) of Section 15A in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows: (4) for purposes of this section, the term `earnings' shall be construed to mean compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, and includes unemployment compensation. The term `disposable earnings' shall be construed to mean that part of the earnings of an individual remaining after the deduction from those earnings of the amounts otherwise required by law to be withheld. Section 2. Code Chapter 24-27A, relating to child support receivers, is amended by adding between Code Section 24-2702a and 24-2703a a new Code Section 24-2702a.1 to read as follows: 24-2702a.1. Contempt. Whenever any person required to furnish support to a minor by payments through a child support receiver and whenever such payments are not made in accordance with the judicial order or written agreement, the child support receiver shall be authorized to bring an action for contempt against the person required to make such payments. Any such action shall be brought pursuant to Code Section 30-204 and shall be brought in the court which originally ordered the payment of child support. Part 2 Section 3. Code Section 19-11-19 of the Official Code of Georgia Annotated, relating to garnishment and orders to withhold and

Page 1206

deliver earnings, is amended by striking paragraph (3) of subsection (f) in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) For purposes of this subsection, the term `earnings' shall be construed to mean compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to pension or retirement programs or insurance policies of any type and includes unemployment compensation. The term `disposable earnings' shall be construed to mean that part of the earnings of an individual remaining after the deduction from those earnings of the amounts otherwise required by law to be withheld. Section 4. Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relating to child support receivers, is amended by adding between Code Section 15-15-4 and Code Section 15-15-5 a new Code Section 15-15-4.1 to read as follows: 15-15-4.1. Whenever any person required to furnish support to a minor by payments through a child support receiver and whenever such payments are not made in accordance with the judicial order or written agreement, the child support receiver shall be authorized to bring an action for contempt against the person required to make such payments. Any such action shall be brought pursuant to Code Section 19-6-4 and shall be brought in the court which originally ordered the payment of child support. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. CHILD SUPPORT RECOVERY ACT AMENDED. Code Title 19, Chapter 11 Amended. No. 1391 (House Bill No. 1408). AN ACT To amend an Act known as the Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, particularly by an Act approved April 7, 1976 (Ga. L. 1976, p. 1537), so as to provide that individuals who do not receive public assistance and apply to the Department of Human Resources for services under this Act will be deemed to have made an assignment to the department of their support rights; to provide that the child support receiver shall remit support payments to the Department of Human Resources upon proper certification by the department; to provide that all officials collecting support payments shall remit these payments to the Department of Human Resources upon the department's certification that an application for enforcement of support has been properly filed; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Child Support Recovery Act, approved March 28, 1973 (Ga. L. 1973, p. 192), as amended, particularly by an Act approved April 7, 1976 (Ga. L. 1976, p. 1537), is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

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Section 5. Acceptance of Public Assistance Operates As An Assignment. (a) By accepting public assistance for or on behalf of a child or children, the recipient shall be deemed to have made an assignment to the Department of the right to any child support owed for the child. The Department shall be subrogated to the right of the child or children or the person having custody to initiate any support action existing under the laws of this State and to recover any payments ordered by the courts of this or any other state. Amounts collected by the Department shall be distributed and deposited by the Department in conformity with law. (b) Whenever a family for whom child support payments have been collected and distributed under this Act ceases to receive public assistance, the Department may continue to collect such support payments from the absent parent in accordance with standards prescribed pursuant to the Federal Social Security Act. (c) The Department may accept applications for child support enforcement services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the Department shall constitute an assignment of the right to support to the Department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the Federal Social Security Act. 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. Duty of Department to Obtain Support. (a) Whenever the Department receives an application for public assistance on behalf of a child and it shall appear that the child has been abandoned by one or both parents, or that the responsible parent has failed to provide support to the child, it is the Department's responsibility to take appropriate action under this Act, the child support statutes or other appropriate State and federal statutes to assure that the responsible parent supports the child. (b) The Department may accept applications for child support enforcement services from a custodian of a minor child who is not a recipient of public assistance and may take appropriate action under this Act, the child support statutes or other State and federal statutes

Page 1209

to assure that the responsible parent supports said child. The Department may provide that a reasonable application fee be charged each individual who applies for services under this subsection. Section 3. 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. Payment of Support. Payment of support pursuant to administrative determination or voluntary agreement shall be made to the Department. In non-AFDC cases, where the Department deems it appropriate, it may authorize distribution of the actual payment by other individuals, agencies, or entities and utilize certification schedules reflecting such payments or distributions which the Department requires, in accordance with the Federal Social Security Act, as amended. Child support ordered by a court pursuant to a divorce decree or in any other proceeding in which the responsible parent is required to pay support for his child or children, whether such proceeding is civil or criminal, shall be paid by the responsible parent, the clerk of court, probation officer, child support receiver, or similar official collecting support to the Department upon the Department's certification that the child is a recipient of public assistance or upon the Department's certification that an application has been filed with the Department for enforcement of support in accordance with the provisions of the Federal Social Security Act. Part 2 Section 4. Said chapter is further amended by striking Code Section 19-11-6 in its entirety and inserting in lieu thereof a new Code Section 19-11-6 to read as follows: 19-11-6. (a) By accepting public assistance for or on behalf of a child or children, the recipient shall be deemed to have made an assignment to the department of the right to any child support owed for the child. The department shall be subrogated to the right of the child or children or the person having custody to initiate any support action existing under the laws of this state and to recover any payments ordered by the courts of this or any other state. Amounts collected by the department shall be distributed and deposited by the department in conformity with law.

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(b) Whenever a family for whom child support payments have been collected and distributed under this article ceases to receive public assistance, the department may continue to collect such support payments from the absent parent in accordance with standards prescribed pursuant to the federal Social Security Act. (c) The department may accept applications for child support enforcement services from any proper party or person notwithstanding the fact that the child or children do not receive public assistance. When made, this application to the department shall constitute an assignment of the right to support to the department and the proceeds of any collections resulting from such application shall be distributed in accordance with the standards prescribed in the federal Social Security Act. Section 5. Said chapter is further amended by striking Code Section 19-11-8 in its entirety and inserting in lieu thereof a new Code Section 19-11-8 to read as follows: 19-11-8. (a) Whenever the department receives an application for public assistance on behalf of a child and it appears that the child has been abandoned by one or both parents or that the responsible parent has failed to provide support to the child, it is the department's responsibility to take appropriate action under this article, the child support statutes, or other appropriate state and federal statutes to assure that the responsible parent supports the child. (b) The department may accept applications for child support enforcement services from a custodian of a minor child who is not a recipient of public assistance and may take appropriate action under this article, the child support statutes, or other state and federal statutes to assure that the responsible parent supports the child. The department may provide that a reasonable application fee be charged each individual who applies for services under this subsection. Section 6. Said chapter is further amended by striking Code Section 19-11-21 in its entirety and inserting in lieu thereof a new Code Section 19-11-21 to read as follows: 19-11-21. Payment of support pursuant to an administrative determination or a voluntary agreement shall be made to the department. In non-AFDC cases, where the department deems it appropriate,

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it may authorize distribution of the actual payment by other individuals, agencies, or entities and utilize certification schedules reflecting such payments or distributions which the department requires, in accordance with the federal Social Security Act, as amended. Child support which is ordered by a court pursuant to a divorce decree or in any other proceeding in which the responsible parent is required to pay support for his child or children, whether the proceeding is civil or criminal, shall be paid by the responsible parent, the clerk of court, the probation officer, the child support receiver, or a similar official who is collecting support to the department upon the department's certification that the child is a recipient of public assistance or upon the department's certification that an application has been filed with the department for enforcement of support in accordance with the provisions of the federal Social Security Act. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

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GEORGIA FIRE SPRINKLER ACT. Code Title 25, Chapter 11 Enacted. No. 1392 (House Bill No. 1491). AN ACT To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to regulate fire protection sprinkler contractors; to provide a short title; to define certain terms; to provide for duties and responsibilities of the Georgia Safety Fire Commissioner or his delegated authority; to provide for certificates of competency, applications therefor, and renewals thereof; to provide for fees; to prohibit certain persons from acting as a fire protection sprinkler contractor; to provide for rules and regulations; to provide for local building officials; to provide for compliance with this Act; to provide for enforcement; to provide for applicability and exceptions; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding immediately following Chapter 10 a new chapter, to be designated Chapter 11, to read as follows: CHAPTER 11 25-11-1. This chapter shall be known and cited as the `Georgia Fire Sprinkler Act.' 25-11-2. As used in this chapter, the term: (1) `Certificate' or `certificate of competency' means the document issued by the Commissioner to a certificate holder which authorizes a fire protection sprinkler contractor to engage in the business of installation, repair, alteration, addition, maintenance, or inspection of fire protection sprinkler systems or water-spray systems.

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(2) `Certificate holder' means an individual who has satisfactorily met the requirements of Code Section 25-11-4 and who is the owner, partner, or officer of the company or corporation or such employee who performs or supervises the installation, repair, alteration, addition, maintenance, or inspection of a fire protection sprinkler system or water-spray system. (3) `Commissioner' means the Georgia Safety Fire Commissioner. (4) `Fire protection sprinkler contractor' means an individual, partnership, corporation, association, or joint venture operated for profit that supervises or performs the installation, repair, alteration, addition, maintenance, or inspection of fire protection sprinkler systems or water-spray systems. Such term does not include local building officials, fire inspectors, or insurance inspectors when acting in their official capacities. (5) `Fire protection sprinkler system' means a system of overhead piping designed in accordance with fire protection engineering standards. The system is supplied from a reliable, constant, and sufficient water supply such as a gravity tank, fire pump, reservoir, or pressure tank or connection by underground piping to a city main. The portion of the sprinkler system aboveground is considered the fire protection sprinkler system for purposes of this chapter as is any portion of the supply piping, once dedicated exclusively to the use of the fire protection system, which is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and a device for activating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. Fire protection sprinkler systems shall include the following types: wet-pipe systems, dry-pipe systems, preaction systems, deluge systems, combined dry-pipe and preaction systems, anti-freeze systems, circulating systems, and closed loop systems. (6) `Water-spray system' means a special fixed pipe system connected to a reliable source of fire protection water supply and equipped with water-spray nozzles for specific water discharge and distribution over the surface or area to be protected. The piping system is connected to the water supply through an automatically

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or manually activated valve which initiates the flow of water. An automatic valve is activated by operation of automatic detection equipment, hydraulic, pneumatic, or electrically operated, normally installed in the same areas as the water-spray nozzles. The system is supplied from a reliable, constant, and sufficient water supply such as a gravity tank, fire pump, reservoir, or pressure tank or connection by underground piping to a city main. The portion of the system aboveground is considered the water-spray system for purposes of this chapter. 25-11-3. (a) The Commissioner is charged with the duty and responsibility for the enforcement of this chapter. (b) Any authority, power, or duty vested in the Commissioner by any provision of this chapter may be exercised, discharged, or performed by any deputy, assistant, or other designated employee acting in the Commissioner's name and by his delegated authority. The Commissioner shall be responsible for the official acts of such persons who act in his name and by his authority. (c) The Commissioner may, in his discretion, have the competency test prepared by others. 25-11-4. (a) Any individual desiring to become a certificate holder shall submit to the Commissioner a completed application on forms prescribed by him. Such individual shall remit with his application a nonrefundable certificate fee of $100.00. Such fee shall not be prorated for portions of a year. (b) Prior to obtaining a certificate, the applicant shall demonstrate his competence and knowledge of fire protection sprinkler systems or water-spray systems by: (1) Successfully completing a competency test as prescribed by regulation and administered by the Commissioner; or (2) Submitting to the Commissioner prior to December 1, 1983, sworn affidavits from three professional engineers currently registered in the State of Georgia to the effect that the applicant has satisfactorily supervised the design and installation of at least three fire protection sprinkler systems or water-spray systems of 200 or more sprinklers in size, such affidavits including the name, description, and location of each of the three systems of 200 or more heads; or

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(3) Submitting to the Commissioner a certification from an appropriate official of another state to the effect that the applicant is currently a certificate holder under the laws of that state, which laws are substantially similar to this chapter, and that such state affords a similar waiver of examination privilege to Georgia certificate holders. (c) If the applicant has paid the required fees and has met one of the requirements of subsection (b) of this Code section, the Commissioner shall issue a certificate of competency in the name of the applicant. Such certificate shall expire annually on December 31 of each year and shall be nontransferable. (d) A certificate holder desiring to renew his certificate shall submit a renewal application to the Commissioner and remit therewith a renewal fee of $100.00 on or before December 1 of each year. If the state minimum fire safety standards regarding the installation or maintenance of fire protection sprinkler systems or water-spray systems promulgated by the Commissioner have been revised since the date the certificate holder's expiring certificate was issued, the Commissioner may, upon 30 days' notice, require the certificate holder to again meet one of the requirements of subsection (b) of this Code section prior to the renewal of his certificate. 25-11-5. (a) No person shall act as a fire protection sprinkler contractor unless a certificate holder is employed to supervise or perform the installation, repair, alteration, addition, maintenance, or inspection of fire protection sprinkler systems or water-spray systems. (b) No fire protection sprinkler contractor shall permit any person under his employ or control to install, repair, alter, maintain, or inspect any fire protection sprinkler system or water-spray system unless such person is a certificate holder or is under the direct supervision of a certificate holder employed by the contractor. 25-11-6. The Commissioner may promulgate such rules and regulations as he deems necessary to effectuate the provisions of this chapter. The Commissioner may also prescribe the forms required for the administration of this chapter. 25-11-7. (a) Before any local building official shall issue any license or building permit which authorizes the construction of any

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building or structure containing a fire protection sprinkler system or water-spray system, such local official shall require a copy of a valid certificate of competency from the fire protection sprinkler contractor. The fire protection sprinkler contractor shall be required to pay any fees normally imposed for local licenses or permits, but the local official shall impose no other requirements on the fire protection sprinkler contractor to prove competency other than proper evidence of a valid certificate of competency. (b) Nothing in this chapter limits the power of a municipality, county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety. 25-11-8. This chapter shall also apply to any fire protection sprinkler contractor performing work for the state or any municipality, county, or other political subdivision. Officials of the state or any municipality, county, or other political subdivision are required to determine compliance with this chapter before awarding any contracts for the installation, repair, alteration, addition, maintenance, or inspection of a fire protection sprinkler system or water-spray system. Bids tendered for such contracts shall be accompanied by a copy of a valid certificate of competency. 25-11-9. (a) All fees collected pursuant to the provisions of this chapter shall be deposited with the Fiscal Division of the Department of Administrative Services. (b) The Commissioner shall be authorized to receive grants for the administration of this chapter from parties interested in upgrading and improving the quality of fire protection sprinkler systems or water-spray systems. 25-11-10. (a) Whenever in the judgment of the Commissioner any person has engaged in, is currently engaged in, or is about to engage in any act or practice which constitutes or will constitute a violation of this chapter, he may make application to the superior court of the county in which the act or practice has been or is about to be engaged in for an order enjoining such act or practice or for an order requiring compliance with this chapter. Upon a showing that such person has engaged in or is about to engage in any such act or

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practice in violation of this chapter, a permanent or temporary injunction, restraining order, or other relief shall be granted without the necessity of showing the lack of an adequate remedy at law. (b) The certificate of competency of any person failing to comply with an order issued pursuant to subsection (a) of this Code section shall be revoked upon the date specified in said order. 25-11-11. The provisions of this chapter shall not apply to limited automatic sprinkler protection systems, life safety systems, supplied from a domestic water supply for use in single-family or lowrise, three stories or less, multifamily dwellings. Section 2. Code Section 25-11-6 of Section 1 of this Act shall become effective on November 1, 1982. All other provisions of this Act shall become effective on January 1, 1983. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. GEORGIA INSURANCE CODE AMENDED. Code Sections 56-1022.1, 33-11-25.1 Enacted. No. 1393 (House Bill No. 1513). AN ACT To amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to provide that an insurer other than an insurer authorized to transact mortgage guaranty insurance in this state may invest in certain securities which are fully guaranteed or insured by a governmental agency or an insurer authorized to transact mortgage guaranty insurance; to provide that the Commissioner may, in his

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discretion, grant, deny, or revoke the authority of an insurer to invest in or to continue its investment in such securities if he shall determine that such continued investments would be hazardous to such insurer's policyholders or to the public; to provide that the Commissioner shall give any such company a reasonable period of time to dispose of such nonconforming investments; to provide that the Commissioner may, in his discretion, grant extensions of time or exceptions relative to the disposition of such investments; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 56, known as the Georgia Insurance Code, as amended, is amended by adding a new Code Section 56-1022.1, immediately following Code Section 56-1022, to read as follows: 56-1022.1. Additional Investment Authority of Insurers. (a) In addition to the investment authority granted to insurers under Code Sections 56-1016, 56-1022, and other applicable provisions of this title, an insurer authorized to transact insurance in this state, other than an insurer authorized to transact mortgage guaranty insurance, may invest in, purchase, or hold a mortgage or a mortgage participation, pass-through, conventional pass-through, trust certificate, or other similar security which represents an undivided, beneficial interest in a pool of loans secured by first mortgages, deeds of trust, or deeds to secure debt upon fee simple, unencumbered, improved, or income-producing real property located in the United States or Canada, which is improved with a residential building or a condominium unit or buildings designed for occupancy by not more than four families, including leasehold estates in such real estate if such first mortgages, deeds of trust, or deeds to secure debt are fully guaranteed or insured by the Federal Housing Administration, the Veterans' Administration, the Farmers Home Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal National Mortgage Association, or any other similar governmental entity or instrumentality or by an insurer authorized to transact mortgage guaranty insurance in this state in accordance with such rules and regulations as may be promulgated by the Commissioner after due notice and hearing.

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(b) Notwithstanding any provisions of this title which might be construed to the contrary, the Commissioner may, in his discretion, grant, deny, or revoke the authority of any authorized insurer to invest in or to continue to hold its investment in such securities if, after due notice and hearing, he shall determine that such continued investments would be hazardous to such insurer's policyholders or to the public. In such event, the Commissioner shall give such company a reasonable period of time, not to exceed three years, to dispose of such investments as otherwise provided for in this title, subject to such extensions of time or exceptions as the Commissioner, in his discretion, may grant. Part 2 Section 2. Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments, is amended by adding a new Code Section 33-11-25.1, immediately following Code Section 33-11-25, to read as follows: 33-11-25.1. (a) In addition to the investment authority granted to insurers under Code Sections 33-11-20, 33-11-21, and other applicable provisions of this title, an insurer authorized to transact insurance in this state, other than an insurer authorized to transact mortgage guaranty insurance, may invest in, purchase, or hold a mortgage or a mortgage participation, pass-through, conventional pass-through, trust certificate, or other similar security which represents an undivided, beneficial interest in a pool of loans secured by first mortgages, deeds of trust, or deeds to secure debt upon fee simple, unencumbered, improved, or income-producing real property located in the United States or Canada, which is improved with a residential building or a condominium unit or buildings designed for occupancy by not more than four families, including leasehold estates in such real estate if such first mortgages, deeds of trust, or deeds to secure debt are fully guaranteed or insured by the Federal Housing Administration, the Veterans' Administration, the Farmers Home Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal National Mortgage Association, or any other similar governmental entity or instrumentality or by an insurer authorized to transact mortgage guaranty insurance in this state in accordance with such rules and regulations as may be promulgated by the Commissioner after due notice and hearing.

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(b) Notwithstanding any provisions of this title which might be construed to the contrary, the Commissioner may, in his discretion, grant, deny, or revoke the authority of any authorized insurer to invest in or to continue to hold its investment in such securities if, after due notice and hearing, he shall determine that such continued investments would be hazardous to such insurer's policyholders or to the public. In such event, the Commissioner shall give such company a reasonable period of time, not to exceed three years, to dispose of such investments as otherwise provided for in this title, subject to such extensions of time or exceptions as the Commissioner, in his discretion, may grant. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

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GUARDIAN AND WARD PHYSICIANS' AFFIDAVITS AND EVALUATIONS. Code Sections 49-606, 29-5-6 Amended. No. 1394 (House Bill No. 1547). AN ACT To amend Code Section 49-606, relating to the procedure for appointing a guardian, as amended, so as to authorize certain physicians in federal medical facilities to execute certain affidavits and perform certain evaluations; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 49-606, relating to the procedure for appointing a guardian, as amended, is amended by striking paragraph (3) of subsection (a) and inserting in its place a new paragraph (3) to read as follows: (3) In all cases except those sworn to by two or more petitioners under oath and except those of detention by a foreign power or disappearance, the petition shall be supported by an affidavit of a physician licensed to practice under Section 84-907 or of an applied psychologist licensed to practice under Chapter 84-31 or, if the proposed ward is a patient in any federal medical facility in which neither such physician nor such applied psychologist is available, a physician authorized to practice medicine in that federal facility stating that he has examined the proposed ward within ten days prior to the filing of the petition and that based on such examination the proposed ward was determined: (A) To be incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause to the extent that such person lacked sufficient understanding or capacity to make significant responsible decisions or the ability to communicate such decisions concerning his person; or

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(B) To be incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause to the extent that such person is incapable of managing his estate; or (C) Both (A) and (B) above., and by striking paragraph (1) of subsection (c) thereof and inserting in its place a new paragraph (1) to read as follows: (1) The court shall, if the petition is not dismissed under paragraph (b)(3) of this section, appoint an evaluation physician or phychologist who shall be a physician licensed to practice under Section 84-907 or an applied psychologist licensed to practice under Chapter 84-31 or, if the proposed ward is a patient in any federal medical facility in which neither such physician nor such applied psychologist is available, a physician authorized to practice medicine in that federal facility, other than the physician or psychologist who completed an affidavit attached to the petition pursuant to Section 49-606(a)(3). Part 2 Section 2. Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to the procedure for appointing a guardian, is amended by striking paragraph (3) of subsection (a) and inserting in its place a new paragraph (3) to read as follows: (3) In all cases, except those sworn to by two or more petitioners under oath and except those involving detention by a foreign power or disappearance, the petition shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43 or of an applied psychologist licensed to practice under Chapter 39 of Title 43 or, if the proposed ward is a patient in any federal medical facility in which neither such physician nor such applied psychologist is available, a physician authorized to practice medicine in that federal facility stating that he has examined the proposed ward within ten days prior to the filing of the petition and that based on the examination the proposed ward was determined: (A) To be incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause, to the

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extent that the person lacked sufficient understanding or capacity to make significant responsible decisions or the ability to communicate such decisions concerning his person; or (B) To be incapacitated by reason of mental illness, mental retardation, mental disability, advanced age, physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that the person is incapable of managing his estate; or (C) To be incapacitated as indicated in both subparagraph (A) and subparagraph (B) of this paragraph., and by striking paragraph (1) of subsection (c) thereof and inserting in its place a new paragraph (1) to read as follows: (1) The court shall, if the petition is not dismissed under paragraph (3) of subsection (b) of this Code section, appoint an evaluation physician or psychologist who shall be a physician licensed to practice medicine under Chapter 34 of Title 43 or an applied psychologist licensed to practice under Chapter 39 of Title 43 or, if the proposed ward is a patient in any federal medical facility in which neither such physician nor such applied psychologist is available, a physician authorized to practice medicine in that federal facility, other than the physician or psychologist who completed an affidavit attached to the petition pursuant to paragraph (3) of subsection (a) of this Code section. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. CRIMINAL PROCEDURE FORFEITURE OF APPEARANCE BONDS, ETC. Code Title 17, Chapters 6 and 7 Amended. No. 1395 (House Bill No. 1636). AN ACT To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide new and different procedures for the forfeiture of appearance bonds; to provide for all related matters; to require the addresses of principals and sureties to appear on bonds; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-6-31 which reads as follows: 17-6-31. A surety on a bond may surrender his principal in open court or, when the court is not in session, to the sheriff in order to be released from liability. A surety on a bond may surrender his principal at any time prior to the end of the last day of the term within which the principal was bound to appear or scire facias was issued without incurring liability for costs for a forfeiture of the bond. After forfeiture, but before final judgment on the scire facias, a surety on a bond may surrender his principal upon payment of all costs accruing up to that time. The death of the principal at any time before final judgment shall be equivalent to a surrender; and the court shall, after

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final judgment, relieve the sureties of the penalty of the bond upon surrender of the principal and payment of the costs., and inserting in its place a new Code section to read as follows: 17-6-31. A surety on a bond may surrender his principal in open court or, when the court is not in session, to the sheriff in order to be released from liability. If the principal does not appear by the end of the day on which the principal was bound to appear, forfeiture proceedings shall be initiated. The death of the principal shall be equivalent to a surrender. Section 2. Said title is further amended by striking Article 3 of Chapter 6 which reads as follows: ARTICLE 3 17-6-70. Upon the failure of any principal in any bond or recognizance given by a person charged with a penal offense to appear, or of a prosecutor to prosecute, or of a witness to appear and testify, the prosecuting attorney shall proceed to forfeit such bond or recognizance. 17-6-71. The clerk of the court shall issue a scire facias on all forfeited bonds and recognizances returnable to the next term of the court, or to the term following the next term of the court if so ordered by the presiding judge of the court, against the principal and his sureties, which shall be served by the sheriff or his deputies at least 20 days before the return date thereof. If the principal or sureties reside outside the county, the sheriff or his deputies in the county wherein the bond was forfeited shall have the authority to serve the principal and sureties in any county in this state. If the principal or sureties reside outside the state, scire facias may be served as in the case of scire facias to revive judgment. If at the return term no sufficient cause is shown to the contrary, judgment, on motion, shall be entered against the principal and sureties or such of them as have been served. 17-6-72. (a) No judgment shall be rendered decreeing the forfeiture of any appearance bond if it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability.

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(b) No judgment shall be rendered decreeing the forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained in a penal institution in another jurisdiction. A sworn affidavit of the warden or other responsible officer of the penal institution in which the principal has been detained shall be considered adequate proof of the principal's detention. (c) Within 60 days of forfeiture, if adequate proof is furnished that the principal failed to appear on the date of forfeiture for the reasons set forth in this Code section, the forfeiture shall be set aside., and inserting in its place a new article to read as follows: ARTICLE 3 17-6-70. A bond forfeiture proceeding shall be commenced immediately upon the failure of appearance of a principal of any bond or recognizance given for the appearance of that person. 17-6-71. (a) The judge shall upon the failure to appear set a bond forfeiture hearing for a date at least 90 days after the failure to appear or as soon thereafter as the case may be heard. Notice of the hearing shall be mailed by certified mail by the clerk of court to the principal and to each surety at the addresses given on the bond. (b) If at the hearing it is determined that the bond should be forfeited, the judge shall so order and an execution on the order shall immediately be issued. 17-6-72. (a) No judgment shall be rendered decreeing the forfeiture of any appearance bond if it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability. (b) No judgment shall be rendered decreeing the forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained in a penal institution in another jurisdiction. A sworn affidavit of the warden or other responsible officer of the penal institution in which the principal has been detained shall be considered adequate proof of the principal's detention.

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17-6-73. Every bond or recognizance given to secure the appearance of any person in any criminal proceeding shall have entered thereon the mailing address of the principal and each surety. Section 3. Said title is further amended by striking subsection (a) of Code Section 17-7-91 and inserting in its place a new subsection (a) to read as follows: (a) In all criminal cases the court shall fix a date on which the defendant shall be arraigned. The clerk of the court, at least three days prior to the date set therefor, shall mail to the accused and his attorney of record, if known, notice of the date which has been fixed for arraignment. For such first service of notice, the clerk shall receive the fee prescribed in Code Section 15-6-77. This notice may be served by the sheriff of the county in which the court is situated or his lawful deputies. If the defendant has posted a bond or recognizance, a copy of the notice shall be mailed to each surety on the bond. Section 4. This Act shall become effective January 1, 1983. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. FACADE EASEMENT DEFINED. Code Section 44-10-2 Amended. No. 1396 (House Bill No. 1638). AN ACT To amend Code Section 44-10-2 of the Official Code of Georgia Annotated, relating to definitions relating to facade and conservation easements, so as to change the definition of facade easement to include easements granted on certain designated property; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code Section 44-10-2 of the Official Code of Georgia Annotated, relating to definitions relating to facade and conservation easements, is amended by striking paragraph (3) of said Code section in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Facade easement' means any restriction or limitation on the use of real property which is expressly recited in any deed or other instrument of grant or conveyance executed by or on behalf of the owner of real property and whose purpose is to preserve historically or architecturally significant structures or sites located within an officially designated historic district pursuant to any local political subdivision's authority to provide for such districts and to provide for special zoning restrictions therein or historically or architecturally significant structures or sites which have been designated as such by the State Historic Preservation Officer. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. LANDLORD AND TENANT DISPOSSESSORY PROCEEDINGS. Code Sections 44-7-50, 44-7-51 Amended. No. 1397 (House Bill No. 1730). AN ACT To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlords and tenants, so as to change the

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justices of the peace before which certain dispossessory affidavits may be made; to provide that the defendant may be served by posting a copy of the summons and affidavit on the door of the premises and, on the same day of such posting, by enclosing, directing, stamping, and mailing by first class mail a copy of the summons and the affidavit to the defendant at his last known address; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlords and tenants, is amended by striking Code Section 44-7-50 in its entirety and inserting in lieu thereof a new Code Section 44-7-50 to read as follows: 44-7-50. In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to him or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, by himself, his agent, his attorney in fact, or his attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner, his agent, his attorney at law, or his attorney in fact may go before the judge of the superior court, the judge of the state court, any other court with jurisdiction over the subject matter, or a justice of the peace in the district where the land lies and make an affidavit under oath to the facts. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 44-7-51 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) When the affidavit provided for in Code Section 44-7-50 is made, the judge of the superior court or such other court with jurisdiction over the subject matter, including the judge of any state court where the action arises or any justice of the peace before whom it was made, shall grant and issue a summons to the sheriff or his deputy or to any lawful constable of the county where the land is located. A copy of the summons and a copy of the affidavit shall be personally served upon the defendant. If the sheriff is unable to serve

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the defendant personally, service may be had by delivering the summons and the affidavit to any person who is sui juris residing on the premises or, if after reasonable effort no such person is found residing on the premises, by posting a copy of the summons and the affidavit on the door of the premises and, on the same day of such posting, by enclosing, directing, stamping, and mailing by first class mail a copy of the summons and the affidavit to the defendant at his last known address, if any, and making an entry of this action on the affidavit filed in the case. Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. JURY COMMISSIONERS' COMPENSATION. Code Sections 59-105, 15-12-24 Amended. No. 1398 (House Bill No. 1776). AN ACT To amend Code Section 59-105, relating to the compensation of jury commissioners, so as to change the provisions relative to such compensation; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 59-105, relating to the compensation of jury commissioners, is amended by striking said Code Section in its

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entirety and substituting in lieu thereof a new Code Section 59-105 to read as follows: 59-105. Same, compensation of commissioners and clerk for revising jury lists. Jury commissioners shall receive $25 each day for every day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $25 for each day's service, to be paid in like manner. The governing authorities of the respective counties shall have the right to increase the compensation provided for above for said commissioners and clerk in an amount not exceeding $10 for each day's service. Part 2 Section 2. Code Section 15-12-24 of the Official Code of Georgia Annotated, relating to compensation of jury commissioners, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 15-12-24 to read as follows: 15-12-24. Jury commissioners shall receive $25.00 for each day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $25.00 for each day's service, to be paid in like manner. The governing authorities of the respective counties shall have the right to increase the compensation provided for above for the commissioners and clerk in an amount not exceeding $10.00 for each day's service. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. AGRICULTURE IRRIGATION SYSTEMS, ANTI-SYPHON DEVICES. Code Section 2-1-4 Amended. No. 1399 (House Bill No. 1780). AN ACT To amend an Act requiring the use of certain equipment on irrigation systems in this state, approved April 9, 1981 (Ga. L. 1981, p. 1256), so as to change the type of equipment required to be used; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act requiring the use of certain equipment on irrigation systems in this state, approved April 9, 1981 (Ga. L. 1981, p. 1256), is amended by replacing Sections 1 and 3 with new sections to read as follows: Section 1. Any irrigation system which is designed or used for the application of fertilizer, pesticide, or chemicals must be equipped with an anti-syphon device adequate to protect against contamination of the water supply. Such anti-syphon device shall consist of a check valve and low pressure drain in the irrigation supply line located between the irrigation pump and the point of injection of fertilizer, pesticide, or chemicals. Any system which complied with the law in effect on January 1, 1982, shall be deemed to be in compliance with the provisions of this section.

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Section 3. The Commissioner of Agriculture shall make and publish such rules and regulations as he deems necessary to carry out the provisions of this Act which are not inconsistent with this Act. Such rules and regulations may specify requirements to be met by anti-syphon devices and the placement of such devices necessary to provide adequate protection. Part 2 Section 2. Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to agriculture in general, is amended by replacing subsections (a) and (c) of Code Section 2-1-4 with new subsections to read as follows: (a) Any irrigation system which is designed or used for the application of fertilizer, pesticide, or chemicals must be equipped with an anti-syphon device adequate to protect against contamination of the water supply. Such anti-syphon device shall consist of a check valve and low pressure drain in the irrigation supply line located between the irrigation pump and the point of injection of fertilizer, pesticide, or chemicals. Any system which complied with the law in effect on January 1, 1982, shall be deemed to be in compliance with the provisions of this subsection. (c) The Commissioner shall make and publish such rules and regulations as he deems necessary to carry out this Code section, which rules and regulations are not inconsistent with this Code section. Such rules and regulations may specify requirements to be met by anti-syphon devices and the placement of such devices to provide adequate protection. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. INSURANCE MOTOR VEHICLE INSURANCE. Code Title 33, Chapter 34 Amended. No. 1401 (Senate Bill No. 207). AN ACT To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, so as to change the provisions relative to optional coverages; to change the provisions relative to the form of applications for motor vehicle accident insurance; to change the provisions relative to proof of insurance; to provide for suspensions of operator's licenses and license tags for certain violations; to provide additional penalties; to require proof of insurance to be kept in motor vehicles while in operation; to require law enforcement officers to check for proof of insurance; 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. Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident insurance, is amended by striking in its entirety Code Section 33-34-5, relating to optional coverages, and inserting in lieu thereof a new Code Section 33-34-5 to read as follows: 33-34-5. (a) Each insurer shall also make available on an optional basis the following coverage:

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(1) An aggregate limit of benefits payable without regard to fault up to $50,000.00 per person. Benefits purchased in excess of $5,000.00 shall be paid as determined by the insured without apportionment to cover any of the following expenses incurred by the insured but not compensated for under paragraph (2) of subsection (a) of Code Section 33-34-4: (A) Any expenses of the type described in subparagraph (a)(2)(A) of Code Section 33-34-4; (B) Eighty-five percent of the loss of income or earnings during disability; (C) Expenses of the type described in subparagraph (a)(2)(C) of Code Section 33-34-4, not to exceed $20.00 per day; and (D) Funeral services and burial expenses not to exceed $2,000.00 per person; (2) In the event of the death of the injured person who is survived by a spouse or dependent child or children, compensation under subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 33-34-4 shall be payable after the death as though the deceased were alive but totally disabled, the payment to be made to the spouse, if alive, and otherwise to the child or children or the person having legal custody of any child or children for use of the spouse or children as though awarded as a year's support for the spouse or children, or both. Survivor's benefits shall be payable at least monthly until exhausted; (3) Compensation without regard to fault for damage to the insured motor vehicle not to exceed the actual cash value of the vehicle at the time of the loss, including up to $10.00 per day with a maximum of $300.00 for the loss of use of the motor vehicle, provided that benefits payable under this paragraph may be subject to deductibles at the request of the policyholder. (b) Each initial application for a new policy of motor vehicle liability insurance sold in this state after November 1, 1982, shall contain a statement in bold-faced type signed by the applicant indicating that the optional coverages listed in subsection (a) of this Code section have been explained to the applicant.

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(c) All named insureds in motor vehicle liability policies in effect on November 1, 1982, shall be deemed to have signed the statement required by subsection (b) of this Code section. (d) The provisions of subsection (b) of this Code section requiring explanation of the optional coverages shall not apply upon the renewal, replacement, reinstatement, transfer, or substitute of any policy or the addition or substitution of a motor vehicle covered by such policy. Section 2. Said chapter is further amended by striking Code Section 33-34-10 in its entirety and inserting in lieu thereof a new Code Section 33-34-10 to read as follows: 33-34-10. (a) (1) From and after July 1, 1977, no motor vehicle shall be licensed by this state until the owner has furnished proof in the form provided in this subsection to the licensing authorities that there is in effect the minimum insurance coverage required by this chapter or that there is in effect an approved self-insurance plan and that such coverage was initially issued for a period to exceed 60 days. This time period shall apply only to private passenger vehicles. The commissioner of public safety shall prescribe by rules and regulations the necessary information which shall be required to be furnished in order to satisfy this subsection; however, such information as pertains to the minimum insurance coverage shall contain the certification of the applicant that minimum insurance is in force and the premium has been paid in full or the premium is being paid on an installment basis. The insurer, within five days after the effective date of a permitted cancellation of such coverage, shall notify the Department of Public Safety in writing of the cancellation. (2) (A) Any person knowingly making a false certification under this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days. In addition to such punishment, the person's operator's license and license tag shall be suspended for a period of 30 days. Such person shall be required to submit such operator's license, license tag, and tag registration to the court upon conviction. The court shall forward all licenses, license tags, and tag registrations to the Department of Public Safety. Upon satisfactory proof of minimum insurance coverage as

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required by this chapter, the commissioner shall forthwith return the license tag and tag registration to the owner of the vehicle. Upon satisfactory proof of compliance with the provisions of this chapter and after the 30 day suspension has ended, proof of minimum insurance coverage has been filed, and the payment of a $25.00 restoration fee has been made to the department, the commissioner shall return the operator's license suspended under the provisions of this Code section to the operator of the motor vehicle. (B) For a second or subsequent conviction under this subsection within a five-year period, in addition to the fine or imprisonment provided in subparagraph (A) of this paragraph, the person's operator's license and license tag shall be suspended for a period of 90 days. The procedures provided in subparagraph (A) of this paragraph for the submission and forwarding of licenses, license tags, and tag registrations shall apply to suspensions under this subparagraph. Upon satisfactory proof of minimum insurance coverage as required by this chapter, the commissioner shall forthwith return the license tag and tag registration to the owner of the vehicle. Upon satisfactory proof of compliance with the provisions of this chapter and after the 90 day suspension period has ended, proof of minimum insurance coverage has been filed, proof has been filed of motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this state, and the payment of a $25.00 restoration fee has been made to the department, the commissioner shall return the operator's license suspended under the provisions of this subsection to the operator of the motor vehicle. (3) Any person refusing to deliver his motor vehicle operator's license, motor vehicle license tag, and tag registration to the court after a conviction of knowingly making a false certification under this subsection shall be held in contempt of court until such license, license tag, and tag registration are delivered. (4) (A) For the purposes of the mandatory suspension of licenses and license tags provided in subparagraph (A) of paragraph (2) of this subsection, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the

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payment of a fine, a plea of guilty, or a finding of guilty on a violation under this subsection shall be considered a conviction regardless of whether the sentence is suspended, probated, or rebated. (B) For the purposes of the mandatory suspension of licenses and license tags provided in subparagraph (B) of paragraph (2) of this subsection, a forfeiture of bail or collateral used to seek a defendant's appearance in court, the payment of a fine, a plea of guilty, a plea of nolo contendere, or a finding of quilty on a violation under this subsection shall be considered a conviction regardless of whether the sentence is suspended, probated, or revoked. (b) In cases in which the minimum insurance required by this chapter is canceled by the insurer, upon receipt of notification of such cancellation, the Department of Public Safety shall send a notice to the owner of the motor vehicle that the Department of Public Safety has been informed of the fact of the cancellation. Upon receipt of the notice from the Department of Public Safety, it shall be the duty of the owner of such motor vehicle, on such form provided by the Department of Public Safety, to notify the Department of Public Safety as to whether he has obtained the minimum coverage required by this chapter, indicating the insurance company with which any coverage has been obtained and the policy number of binder number and the certificate required by the Department of Public Safety. The information shall be furnished to the Department of Public Safety within 15 days of the date on which the notification was mailed by the Department of Public Safety. Such forms shall contain such additional information as may be required by the Department of Public Safety. If that information is not received by the Department of Public Safety within the specified time period or if no minimum insurance coverage has been obtained, the Department of Public Safety shall suspend the motor vehicle operator's license of the owner and the motor vehicle license tag issued to such motor vehicle and the Department of Public Safety shall require the owner of the motor vehicle to forward his motor vehicle operator's license and any motor vehicle license tag and tag registration issued to such vehicle to the Department of Public Safety. Upon satisfactory proof of compliance with this chapter, the commissioner of public safety shall return any operator's license, motor vehicle license tag, and tag registration suspended under this Code section to the owner of the motor vehicle; provided, however, that, in cases where the operator's license and

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motor vehicle license tag are suspended, the owner shall be required to submit proof of compliance with this chapter and the payment of a $10.00 restoration fee to the Department of Public Safety in order to receive his operator's license, motor vehicle license tag, and tag registration; provided, further, that, in cases where the operator's license and motor vehicle license tag have been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Public Safety shall suspend the motor vehicle operator's license and the motor vehicle license tag for a period of 60 days; and the suspension shall remain in effect until the owner submits proof of compliance with this chapter and the payment of a $25.00 restoration fee to the Department of Public Safety. (c) (1) Similarly, in cases in which a person is convicted of knowingly operating or knowingly authorizing another to operate a motor vehicle without effective insurance thereon or without an approved plan of self-insurance as required by this chapter, in addition to any other punishment, such person's operator's license shall be suspended for a period of 60 days and, in the case of the owner, the license tag for each vehicle involved. Such person shall be required to submit such operator's license, license tag, and tag registration where applicable, to the court upon conviction. The court shall forward such licenses, license tags, and tag registrations to the Department of Public Safety. Upon satisfactory proof of minimum insurance coverage as required by this chapter, the commissioner shall forthwith return the license tag and tag registration to the owner of the vehicle. Upon satisfactory proof of compliance with the provisions of this chapter and after the 60 day suspension has ended, proof of minimum insurance coverage has been filed, and the payment of a $25.00 restoration fee has been made to the department, the commissioner shall return the operator's license suspended under the provisions of this Code section to the operator of such motor vehicle. (2) For a second or subsequent offense under this subsection, the commissioner shall require, as an additional condition for the restoration of a person's operator's license, the filing of proof of motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under the motor vehicle safety responsibility laws of this state. (3) Any person refusing to deliver his motor vehicle operator's license, motor vehicle license tag, and tag registration to the

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court after a conviction of knowingly operating or knowingly authorizing another to operate a motor vehicle without effective insurance thereon or without an approved plan of self-insurance as required by this chapter shall be held in contempt of court until such license, license tag, and tag registration are delivered. (d) (1) The Department of Public Safety, upon suspending the motor vehicle operator's license or motor vehicle license tag as provided for in this chapter, shall require that the license, tag, and tag registration be surrendered to the Department of Public Safety immediately following the effective date of suspension; and it is the duty of any owner or operator, immediately upon receipt of notice from the Department of Public Safety, to forward the operator's license, license tag, and tag registration to the Department of Public Safety. (2) If such motor vehicle operator's license, motor vehicle license tag, and tag registration is not received by the Department of Public Safety within ten days following the effective date of suspension, the commissioner of public safety shall immediately direct any member of the Georgia State Patrol or any peace officer to secure possession of the license, tag, and tag registration and return the same to the commissioner. (3) Unless otherwise provided in this Code section, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice of the suspension, whichever occurs first. For the purposes of making any determination under this chapter relating to the return of a suspended motor vehicle operator's license or motor vehicle license tag, no period of suspension under this chapter shall begin until the license, tag, and tag registration are surrendered to the Department of Public Safety or to a court of competent jurisdiction under any provisions of this chapter, whichever date shall first occur. If the motor vehicle operator's license, motor vehicle license tag, or tag registration is lost or if for any other reason surrender to the Department of Public Safety is impossible, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the Department of Public Safety. (4) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle operator's license, motor vehicle license tag, or tag registration.

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(5) Any person violating paragraph (1) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days. (e) For the purposes of this Code section, where any provision of this Code section requires the Department of Public Safety to give notice to a person affecting such person's motor vehicle operator's license and motor vehicle license tag, the mailing of such notice and the name and address shown on the notice of cancellation supplied by the insurer as required by this Code section shall be presumptive evidence that the person received the required notice. (f) (1) The owner of a motor vehicle shall keep proof or evidence of the minimum insurance coverage required by this chapter in the vehicle at all times during its operation. Any person who violates this paragraph shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this paragraph. (2) Every law enforcement officer in this state shall request the driver of a motor vehicle to produce proof or evidence of minimum insurance coverage required by this chapter at any time the law enforcement officer requests the presentation of the operator's license of the driver of the vehicle. Section 3. This Act shall become effective November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

Page 1242

CRIMES AGGRAVATED ASSAULT. Code Sections 26-1302, 16-5-21 Amended. No. 1402 (Senate Bill No. 227). AN ACT To amend Code Chapter 26-13, relating to crimes of bodily injury and related offenses, as amended, so as to change the penalty for aggravated assault; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 26-13, relating to crimes of bodily injury and related offenses, as amended, is amended by striking Code Section 26-1302 and inserting in lieu thereof a new Code Section 26-1302 to read as follows: 26-1302. Aggravated assault. A person commits aggravated assault when he assaults (a) with intent to murder, to rape, or to rob, or (b) with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury. A person convicted of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. A person who knowingly commits aggravated assault upon a peace officer while such peace officer is engaged in or on account of the performance of his official duties shall upon conviction be punished by imprisonment for not less than five nor more than 20 years. Part 2 Section 2. Code Section 16-5-21 of the Official Code of Georgia Annotated, relating to aggravated assault, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-5-21 to read as follows:

Page 1243

16-5-21. (a) A person commits the offense of aggravated assault when he assaults: (1) With intent to murder, to rape, or to rob; or (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury. (b) A person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

Page 1244

INSURANCE POLICIES, ETC. TO BE WRITTEN IN SIMPLIFIED LANGUAGE. Code Title 33, Chapter 3 Amended. No. 1403 (Senate Bill No. 312). AN ACT To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the general requirements for transacting insurance in this state, so as to provide that all individual policies, contracts, group insurance certificates, and pertinent informational booklets relating to life insurance, accident and sickness insurance, credit life insurance, and credit health insurance issued for delivery in this state shall be written in simplified and plain language; to authorize the Commissioner to prescribe rules and regulations relative thereto; to authorize the use of the Flesch reading ease test; to provide for applicability; 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. Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to the general requirements for transacting insurance in this state, is amended by redesignating Code Section 33-3-25 as Code Section 33-3-26 and inserting in lieu thereof a new Code section to be designated Code Section 33-3-25 to read as follows: 33-3-25. (a) All individual life or accident insurance policies, all certificates of group life or accident and sickness insurance coverage, and all coverage booklets provided to group life or accident and sickness insurance certificate holders which are issued, delivered, issued for delivery, amended, or renewed in this state on and after January 1, 1984, shall be written in a simplified form, shall be divided into logically arranged, captioned sections, and shall contain readable language which complies with the standards prescribed in such rules and regulations as may be promulgated by the Insurance Commissioner after due notice and hearing. (b) In establishing the policy language simplification and reading ease standards for such policies, certificates, and coverage booklets,

Page 1245

the Insurance Commissioner may utilize a minimum score of 40 on the `Flesch reading ease test' as the basic standard or such other nationally recognized reading ease standards or tests as would produce comparable policy language simplification and readability results and he may also provide for exceptions thereto by appropriate rules and regulations. (c) This Code section shall apply to all insurers transacting life or accident and sickness insurance in this state, including all insurers, nonprofit corporations, or other organizations issuing policies or contracts of life or accident and sickness coverage under Chapters 15, 18, 19, 20, 21, 29, or 30 of Title 33. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. STATE PERSONNEL BOARD ADVERSE ACTIONS, APPEALS, ETC. Code Section 45-20-8 Amended. No. 1404 (Senate Bill No. 344). AN ACT To amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. L. 1975, p. 79), as amended, so as to change the provisions relating to adverse actions; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

Page 1246

Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. L. 1975, p. 79), as amended, is hereby amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. 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) This law is not intended to create a property interest in the job, but rather to create only a procedure under which permanent status employees can be dismissed or otherwise adversely affected. 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, that the appointing authority must provide the permanent status employee with reasons for the action, 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.

Page 1247

(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. (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. Part 2 Section 2. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by striking Code Section 45-20-8 in its entirety and inserting in lieu thereof a new Code Section 45-20-8 to read as follows: 45-20-8. (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) This law is not intended to create a property interest in the job, but rather to create only a procedure under which permanent status employees can be dismissed or otherwise adversely affected. 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, that the appointing authority must provide the permanent status employee with reasons for the action, 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, that the hearing may be held subsequent to the effective date of the dismissal or other purported adverse action; provided, further, that the right to appeal shall not apply when persons are dismissed or otherwise adversely affected as to compensation due to curtailment of funds or reduction in staff

Page 1248

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 rules and regulations of the board, this article, or otherwise shall be considered invalid for failure to follow or comply with the rules and regulations of the board, this article, 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. (e) As provided in subsection (b) of Code Section 45-20-3, 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. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. GEORGIA HEALTH CODE AMENDED REPORTS OF CERTAIN PHYSICAL INJURIES. Code Sections 88-1913, 31-7-9 Amended. No. 1405 (Senate Bill No. 417). AN ACT To amend Code Section 88-1913, relating to reports of incidents of physical injury or injuries by other than accidental means by certain personnel employed in certain medical facilities, so as to clarify that such reports shall be made to the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 88-1913, relating to reports of incidents of physical injury or injuries by other than accidental means by certain personnel employed in certain medical facilities, is hereby amended by striking the second sentence of subsection (b) of said Code section, which reads as follows: Said person in charge or his designated delegate shall in turn notify the appropriate police authority of the same.,

Page 1250

and inserting in lieu thereof the following: The person in charge of the medical facility or his designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report., so that when so amended, subsection (b) of Code Section 88-1913 shall read as follows: (b) An oral report shall be made immediately by telephone or otherwise and followed by a report in writing, if requested, to the person in charge of the medical facility or his designated delegate. The person in charge of the medical facility or his designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. Such reports shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Part 2 Section 2. Code Section 31-7-9 of the Official Code of Georgia Annotated is amended by striking subsection (b) of said Code Section in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medical facility or his designated delegate. The person in charge of the medical facility or his designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. The report shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator.

Page 1251

Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. STATE PERSONNEL BOARD POSITIONS EXCLUDED FROM CLASSIFIED SERVICE. Code Section 45-20-2 Amended. No. 1406 (Senate Bill No. 476). AN ACT To amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. L. 1975, p. 79), as amended, so as to exclude certain positions from the classified service; to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relative to the State Merit System of Personnel Administration, so as to provide for the changes described above; to provide effective dates; to repeal conflicting laws; and for other purposes.

Page 1252

Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Personnel Board and the State Merit System of Personnel Administration, approved March 13, 1975 (Ga. L. 1975, p. 79), as amended, is amended by adding at the end of paragraph (2) of subsection (a) of Section 2 the following new subparagraph: (xxv) positions in the class Major assigned to the Uniform Division of the Georgia State Patrol. Part 2 Section 2. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relative to the State Merit System of Personnel Administration, is amended by striking subparagraphs (W) and (X) of paragraph (15) and substituting in lieu thereof the following: (W) Time-limited positions established for the purpose of conducting a specific study, investigation, or project subject to the approval of the commissioner; (X) Additional positions of unique functions as may be authorized by the commissioner; and (Y) Positions in the class Major assigned to the Uniform Division of the Georgia State Patrol. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. FAIR EMPLOYMENT PRACTICES ACT OF 1978 AMENDED. Code Section 45-19-46 Enacted. No. 1407 (Senate Bill No. 477). AN ACT To amend the Fair Employment Practices Act of 1978, approved March 9, 1978 (Ga. L. 1978, p. 859), as amended, so as to extend the life of the Act; to amend Article 2 of Chapter 45-19 of the Official Code of Georgia Annotated, relating to the Fair Employment Practices Act of 1978, so as to provide for the repeal of said article effective July 1, 1985; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. The Fair Employment Practices Act of 1978, approved March 9, 1978 (Ga. L. 1978, p. 859), as amended, is amended by striking from Section 27 the date July 1, 1982 and inserting in lieu thereof the date July 1, 1985, so that when so amended Section 27 shall read as follows: Section 27. Specific repealer. This Act shall be repealed on July 1, 1985, unless extended or provided otherwise by the General Assembly.

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Part 2 Section 2. Article 2 of Chapter 45-19 of the Official Code of Georgia Annotated, relating to the Fair Employment Practices Act of 1978, is amended by adding at the end thereof a new Code Section 45-19-46 to read as follows: 45-19-46. This article shall be repealed and deleted from this Code on July 1, 1985. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. FEES OF SURETIES ON CRIMINAL BONDS. Code Section 17-6-30 Amended. No. 1408 (Senate Bill No. 482). AN ACT To amend Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties on criminal bonds, so as to

Page 1255

change the provisions relative to such fees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 17-6-30 of the Official Code of Georgia Annotated, relating to fees of sureties on criminal bonds, is amended by striking subsection (a) of said Code section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Sureties on criminal bonds in any court shall not charge or receive more than 10 percent of the principal amount of the bonds as compensation from defendants or from anyone acting for defendants. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. GENERAL ASSEMBLY ALLOWANCES FOR MEMBERS. Code Section 45-7-4 Amended. No. 1409 (Senate Bill No. 491). AN ACT To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the annual salaries of certain state officials, so as to change the provisions relating to allowances for members of the General Assembly; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1256

Be it enacted by the General Assembly of Georgia: Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to the annual salaries of certain state officials, is amended by striking the second undesignated paragraph of numbered paragraph (22) of subsection (a) of said Code section in its entirety and inserting in lieu thereof a new second undesignated paragraph of numbered paragraph (22) of subsection (a) of said Code section to read as follows: In addition to any other compensation and allowances authorized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $3,600.00 per year. For the purposes of the preceding sentence, a year shall be construed to begin on the convening date of the General Assembly in regular session and end on the last day of December in that calendar year. These expenses shall be limited to one or more of the following purposes: rents, district office or offices, office supplies and materials, office equipment, secretarial assistance, utilities, postage (which shall not be used for a political newsletter), communications, stationery, lodging, meals, travel, and per diem differential. Per diem differential shall be the difference between the daily expense allowance authorized for members of the General Assembly and the federal per diem rate in effect for the state capital as specified by the General Services Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Section 2. This Act shall become effective when members of the General Assembly take office on the convening day of the regular session of the General Assembly in 1983. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

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CRIMINAL PROCEDURE COMMUNITY SERVICE AS CONDITION OF PROBATION. Code Title 42, Chapter 8 Amended. No. 1410 (Senate Bill No. 503). AN ACT To provide for community service as a condition of probation; to define certain terms; to provide for community service agencies; to provide for offenders who are eligible for community service as a condition of probation; to provide for procedures; to provide for court orders; to provide for community service officers; to provide for applicability; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. As used in this Act, the term: (1) Agency means any private or public agency or organization, tax exempt or for profit, approved by the court to participate in a community service program. (2) Community service means uncompensated work by an offender with an agency for the benefit of the community pursuant to an order by a court as a condition of probation. (3) Community service officer means an individual appointed by the court to place and supervise offenders sentenced to community service. Such term may mean a paid professional or a volunteer. Section 2. (a) Agencies desiring to participate in a community service program shall file with the court a letter of application showing:

Page 1258

(1) Eligibility; (2) Number of offenders who may be placed with the agency; (3) Work to be performed by the offender; and (4) Provisions for supervising the offender. (b) An agency selected for the community service program shall work offenders who are assigned to the agency by the court. If an offender violates a court order, the agency shall report such violation to the community service officer. (c) If an agency violates any court order or provision of this article, the offender shall be removed from the agency and the agency shall no longer be eligible to participate in the community service program. Section 3. (a) Community service may be considered as a condition of probation with primary consideration given to the following categories of offenders: (1) Traffic violations; (2) Ordinance violations; (3) Noninjurious or nondestructive, nonviolent misdemeanors; (4) Noninjurious or nondestructive, nonviolent felonies; and (5) Other offenders considered upon the discretion of the judge. (b) The judge may confer with the prosecutor, defense attorney, probation supervisor, community service officer, or other interested persons to determine if the community service program is appropriate for an offender. If community service is ordered as a condition of probation, the court shall order:

Page 1259

(1) Not less than 20 hours nor more than 250 hours in cases involving traffic or ordinance violations or misdemeanors, said service to be completed within one year; or (2) Not less than 20 hours nor more than 500 hours in felony cases, said service to be completed within three years. Section 4. The community service officer shall place an offender sentenced to community service as a condition of probation with an appropriate agency. The agency and work schedule shall be approved by the court. If the offender is employed at the time of sentencing, community service shall be scheduled so as not to cause termination of such employment. The community service officer shall supervise the offender for the duration of the community service sentence. Upon completion of the community service sentence, the community service officer shall prepare a written report evaluating the offender's performance which will be used to determine if the conditions of probation have been satisfied. Section 5. The provisions of an Act known as the State-wide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, shall be applicable to offenders sentenced to community service as a condition of probation pursuant to this Act. The provisions of an Act relating to probation of first offenders, approved March 18, 1968 (Ga. L. 1968, p. 324), as amended, shall be applicable to first offenders sentenced pursuant to this Act. Part 2 Section 6. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding following Article 3 a new article, to be designated Article 4, to read as follows: ARTICLE 4 42-8-70. As used in this article, the term: (1) `Agency' means any private or public agency or organization, tax exempt or for profit, approved by the court to participate in a community service program.

Page 1260

(2) `Community service' means uncompensated work by an offender with an agency for the benefit of the community pursuant to an order by a court as a condition of probation. (3) `Community service officer' means an individual appointed by the court to place and supervise offenders sentenced to community service. Such term may mean a paid professional or a volunteer. 42-8-71. (a) Agencies desiring to participate in a community service program shall file with the court a letter of application showing: (1) Eligibility; (2) Number of offenders who may be placed with the agency; (3) Work to be performed by the offender; and (4) Provisions for supervising the offender. (b) An agency selected for the community service program shall work offenders who are assigned to the agency by the court. If an offender violates a court order, the agency shall report such violation to the community service officer. (c) If an agency violates any court order or provision of this article, the offender shall be removed from the agency and the agency shall no longer be eligible to participate in the community service program. 42-8-72. (a) Community service may be considered as a condition of probation with primary consideration given to the following categories of offenders: (1) Traffic violations; (2) Ordinance violations; (3) Noninjurious or nondestructive, nonviolent misdemeanors;

Page 1261

(4) Noninjurious or nondestructive, nonviolent felonies; and (5) Other offenders considered upon the discretion of the judge. (b) The judge may confer with the prosecutor, defense attorney, probation supervisor, community service officer, or other interested persons to determine if the community service program is appropriate for an offender. If community service is ordered as a condition of probation, the court shall order: (1) Not less than 20 hours nor more than 250 hours in cases involving traffic or ordinance violations or misdemeanors, said service to be completed within one year; or (2) Not less than 20 hours nor more than 500 hours in felony cases, said service to be completed within three years. 42-8-73. The community service officer shall place an offender sentenced to community service as a condition of probation with an appropriate agency. The agency and work schedule shall be approved by the court. If the offender is employed at the time of sentencing, community service shall be scheduled so as not to cause termination of such employment. The community service officer shall supervise the offender for the duration of the community service sentence. Upon completion of the community service sentence, the community service officer shall prepare a written report evaluating the offender's performance which will be used to determine if the conditions of probation have been satisfied. 42-8-74. The provisions of Article 2 of this chapter, relating to probation, termination of probation, and revocation of probation, shall be applicable to offenders sentenced to community service as a condition of probation pursuant to this article. The provisions of Article 3, relating to probation of first offenders, shall be applicable to first offenders sentenced pursuant to this article. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. PRACTICE AND PROCEDURE CONSENT JUDGMENTS. Code Section 9-12-23 Enacted. No. 1411 (Senate Bill No. 505). AN ACT To amend Article 1 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgment in civil cases, so as to provide that when the parties consent to a judgment the court shall render judgment without the verdict of a jury; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article 1 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgment in civil cases, is hereby amended by adding a new Code Section 9-12-23 to read as follows: 9-12-23. The consent of the parties to a judgment has the effect of removing any issuable defenses previously filed. After such a consent the court may render judgment without the verdict of a jury.

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Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 14, 1982. GAME AND FISH FALCONRY, SEASONS AND BAG LIMITS. Code Section 27-3-15 Amended. No. 1412 (Senate Bill No. 509). AN ACT To amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits under the Game and Fish Code, so as to revise the season for taking certain game species by means of falconry; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits under the Game and Fish Code, is amended by inserting at the end of said Code section a new subsection (f) to read as follows: (f) Notwithstanding the provisions of subsections (a) and (b) of this Code section, it shall be unlawful to take the species designated below by means of falconry at any time during the period March 16 through September 30; but it shall not be unlawful to take the species designated below by means of falconry during the period October 1 through March 15 in such number not exceeding the bag limits for each such species as follows:

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Game Species Maximum Daily Bag Limits Season (1) Quail 12 No limit (2) Grouse 3 No limit (3) Rabbit 10 No limit (4) Squirrel 10 No limit Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. STATE BOARD OF PHARMACY PRACTITIONER DEFINED. Code Title 79A Amended. Code Sections 16-13-21, 26-4-2 Amended. No. 1413 (Senate Bill No. 517). AN ACT To amend Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, so as to change the definition of the term practitioner; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 79A, relating to pharmacists, pharmacy, and drugs, as amended, is amended by striking in its entirety subsection (q) of Code Section 79A-102 and inserting in lieu thereof a new subsection (q) to read as follows:

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(q) `Practitioner' or `Practitioner of the healing arts' shall mean a physician, dentist, podiatrist, or veterinarian, and shall include any other person licensed under the laws of this State to use, mix, prepare, dispense, prescribe and administer drugs in connection with medical treatment to the extent provided by the laws of this State. Section 2. Said Code title is further amended by striking in its entirety subsection (v) of Code Section 79A-802 and inserting in lieu thereof a new subsection (v) to read as follows: (v) `Practitioner' means: (1) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered or otherwise authorized under the laws of this State to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State. (2) A pharmacy, hospital or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State. Part 2 Section 3. The Official Code of Georgia Annotated is amended by striking in its entirety paragraph (23) of Code Section 16-13-21, relating to definitions under the Georgia Controlled Substances Act, and inserting in lieu thereof a new paragraph (23) to read as follows: (23) `Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; or

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(B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state. Section 4. Said Code is further amended by striking in its entirety paragraph (19) of Code Section 26-4-2, relating to definitions with respect to pharmacists and pharmacies, and inserting in lieu thereof a new paragraph (19) to read as follows: (19) `Practitioner' or `practitioner of the healing arts' means a physician, dentist, podiatrist, or veterinarian and shall include any other person licensed under the laws of this state to use, mix, prepare, dispense, prescribe, and administer drugs in connection with medical treatment to the extent provided by the laws of this state. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

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SHERIFFS MINIMUM SALARIES. Code Section 15-16-20 Amended. No. 1414 (Senate Bill No. 528). AN ACT To amend an Act providing minimum salaries for sheriffs to be paid from county funds, approved April 2, 1971 (Ga. L. 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 change the provisions relating to longevity increases; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act providing minimum salaries for sheriffs to be paid from county funds, approved April 2, 1971 (Ga. L. 1971, p. 380), as amended, is 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 1980 or any future such census; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the purposes of this Section shall be determined according to the United States Decennial Census of 1970. Each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

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Population Minimum Salary 0 - 5,999 $ 13,750 6,000 - 11,999 17,050 12,000 - 19,999 19,580 20,000 - 29,999 21,560 30,000 - 39,999 23,540 40,000 - 49,999 25,520 50,000 - 99,999 27,500 100,000 - 199,999 29,370 200,000 - 299,999 31,460 300,000 - and up 38,500. Section 2. Said Act is further amended by striking in its entirety Section 2, which reads 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., and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The amounts provided in Section 1 shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, and prior to July 1, 1982, effective July 1, 1982. (b) The amounts provided in Section 1, including any increases provided by subsection (a) of this section, where applicable, shall be increased by 5 percent for each four-year term of office served by any sheriff, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of sheriffs in office on July 1, 1982, shall be counted for determining the appropriate salary under this Act. The minimum salaries provided for in this Act shall be considered as salary only. Expenses for deputies, equipment,

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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. Part 2 Section 3. Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by striking Code Section 15-16-20 in its entirety and inserting in lieu thereof a new Code Section 15-16-20 to read as follows: 15-16-20. (a) (1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census; provided, however, that, in the event the population of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 13,750.00 6,000 - 11,999 17,050.00 12,000 - 19,999 19,580.00 20,000 - 29,999 21,560.00 30,000 - 39,999 23,540.00 40,000 - 49,999 25,520.00 50,000 - 99,999 27,500.00 100,000 - 199,999 29,370.00 200,000 - 299,999 31,460.00 300,000 - and up 38,500.00 (2) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any

Page 1270

future such census. Effective July 1, 1983, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 15,125.00 6,000 - 11,999 18,755.00 12,000 - 19,999 21,538.00 20,000 - 29,999 23,716.00 30,000 - 39,999 25,894.00 40,000 - 49,999 28,072.00 50,000 - 99,999 30,250.00 100,000 - 199,999 32,307.00 200,000 - 299,999 34,606.00 300,000 - and up 42,300.00 (b) (1) The amounts provided in subsection (a) of this Code section shall be increased by 5 percent for each four-year term of office served by any sheriff after December 31, 1976, and prior to July 1, 1982, effective July 1, 1982. (2) The amounts provided in subsection (a) of this Code section, including any increases provided by paragraph (1) of this subsection, where applicable, shall be increased by 5 percent for each four-year term of office served by any sheriff, figured at the end of each such period of service. The increase shall not have retroactive effect, except that the term of sheriffs in office on July 1, 1982, shall be counted for determining the appropriate salary under this Code section. (c) The minimum salaries provided for in this Code 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 sheriff's office shall come from funds other than the funds specified as salary in this Code section. (d) This Code section shall not be construed to reduce the salary of any sheriff in office on July 1, 1982. All local legislation in effect on July 1, 1971, or enacted thereafter affecting compensation for sheriffs of the various counties shall be of full force and effect except where the same provides for a salary lower than provided in this Code section, in which event this Code section shall prevail.

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Part 3 Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. CRIMINAL PROCEDURE SENTENCE REVIEW PANELS, ETC. Code Sections 27-2511.1, 17-10-6 Amended. No. 1415 (Senate Bill No. 538). AN ACT To amend Code Section 27-2511.1, relating to review of certain sentences, as amended, so as to provide for inapplicability to sentences imposed in misdemeanor cases and cases in which certain life sentences are imposed; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Part 1 Section 1. Code Section 27-2511.1, relating to review of certain sentences, as amended, is amended by adding at the end a new subsection (f) to read as follows: (f) This Code section shall not apply to sentences imposed in misdemeanor cases or cases in which a life sentence is imposed for murder. Part 2 Section 2. Code Section 17-10-6 of the Official Code of Georgia Annotated, relating to review of sentences of imprisonment for period exceeding five years by three-judge panel, is amended by adding at the end a new subsection (f) to read as follows: (f) This Code section shall not apply to sentences imposed in misdemeanor cases or cases in which a life sentence is imposed for murder. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

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SUPERIOR COURT CLERKS' RETIREMENT SYSTEM ACT AMENDED. Code Sections 47-14-40, 47-14-77 Amended. No. 1416 (Senate Bill No. 560). AN ACT To amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 332), an Act approved March 3, 1964 (Ga. L. 1964, p. 202), an Act approved March 7, 1966, (Ga. L. 1966, p. 222), and an Act approved April 9, 1981 (Ga. L. 1981, p. 857), so as to change the provisions relative to eligibility and creditable service by providing a time by which applications must be made; to provide for late charges for delinquent contributions; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 332), an Act approved March 3, 1964 (Ga. L. 1964, p. 202), an Act approved March 7, 1966 (Ga. L. 1966, p. 222), and an Act approved April 9, 1981 (Ga. L. 1981, p. 857), is amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. Any clerk in order to participate in the benefits provided for in this Act shall make application to the Superior Court Clerks' Retirement Fund of Georgia upon blanks to be furnished for that purpose by the board, giving such information as may be required by the board. He shall pay a monthly sum into the fund which shall be either five percent of the money received for official

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services as clerk, or $36.00 per month, whichever is the smaller sum. In computing the above percentage, the clerk shall be allowed to deduct any sums which he must expend for the operation of this office so that said five percent shall be based on his net income from said office. All clerks who made application and are accepted for membership in the fund shall furnish the board under oath with a statement of their monthly earnings and shall remit to the board, not later than the tenth day of each subsequent month, the amount due hereunder. No payments shall be made to the board earlier than for the month of April, 1952. Provided, however, any other provisions of this section to the contrary notwithstanding, any clerk receiving as net income for his services the sum of $8,640.00 or more per annum shall, in order to participate in the benefits provided in this Act, pay into the fund a total amount of not less than $432.00 for each year. If the sum paid in by such clerk through monthly remittances does not amount to $432.00, he shall pay the sum necessary to make up the difference on or before the 20th day of January of the following year. Provided further, however, any other provisions of this section to the contrary notwithstanding, any clerk receiving as net income from his services a sum less than $8,640.00 per annum shall, in order to participate in the benefits provided in this Act, pay into the fund a total amount of not less than five percent of the sum which he receives for each year. If the sum paid in by such clerk through monthly remittances does not amount to such five percent, he shall pay the sum necessary to make up the difference on or before the 20th day of January of the following year. If any payments required to be made to the fund by a clerk shall remain unpaid ninety days from the date such payment shall be due, there shall also be due a late charge, which late charge shall be interest from the due date computed at ten percent per annum, or the sum of $5.00, whichever is the greater amount. In the event of such delinquency, in order to be eligible to receive any benefits provided by this law, a clerk must remit with such delinquent payments the late charge as provided for herein. Section 2. Said Act is further amended by adding a new section immediately following Section 9E, to be designated Section 9F, to read as follows: Section 9F. (a) Notwithstanding any other provision of this Act to the contrary, a clerk may not receive credit for retirement purposes for any service performed as a clerk prior to six months from the time application is made for membership in the fund.

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(b) Notwithstanding any other provision of this Act to the contrary, a clerk may not receive credit for retirement purposes for deputy clerk service or for military service unless such credits are sought at the time of application for membership in the fund. Part 2 Section 3. Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, is amended by striking in its entirety Code Section 47-14-40, which reads as follows: 47-14-40. (a) In order to participate in the benefits under this chapter, a clerk shall make application to the fund upon blanks to be furnished for that purpose by the board, giving such information as the board may require. Each clerk who makes application and is accepted for membership in the fund shall furnish the board with a statement under oath of his monthly earnings and shall remit to the board, not later than the tenth day of each subsequent month, the amount due under subsection (b) of this Code section. (b) Each member shall pay a monthly sum into the fund, which sum shall be either 5 percent of the money received in that month for official services as clerk or $36.00 per month, whichever is the smaller sum. In computing the above percentage, the clerk shall be allowed to deduct any sums which he must expend for the operation of his office, so that the 5 percent figure shall be based on his net income from such office. Any other provisions of this Code section to the contrary notwithstanding, any clerk receiving as net income for his services the sum of $8,640.00 or more per annum shall, in order to participate in the benefits provided in this chapter, pay into the fund a total amount of not less than $432.00 for each year. If the sum paid in by such clerk through monthly remittances does not amount to $432.00 he shall pay the sum necessary to make up the difference on or before January 20 of the following year. Any other provisions of this Code section to the contrary notwithstanding, any clerk receiving as net income for his services a sum less than $8,640.00 per annum shall, in order to participate in the benefits provided in this chapter, pay into the fund a total amount of not less than 5 percent of the sum which he receives for each year. If the sum paid in by such clerk through monthly remittances does not amount to such 5 percent, he shall pay the sum necessary to make up the difference on or before January 20 of the following year.

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(c) If any payment required to be made to the fund by a clerk remains unpaid 90 days from the date such payment is due, such payment shall bear interest from the due date at the rate of 6 percent per annum. In the event of such delinquency, in order to be eligible to receive any benefits under this chapter, a clerk must remit such delinquent payment with such interest. (d) No payments shall be made to the board earlier than for the month of April, 1952., and inserting in lieu thereof a new Code Section 47-14-40 to read as follows: 47-14-40. (a) Any clerk, in order to participate in the benefits provided for in this chapter, shall make application to the Superior Court Clerks' Retirement Fund of Georgia upon blanks to be furnished for that purpose by the board, giving such information as may be required by the board. He shall pay a monthly sum into the fund which shall be either 5 percent of the money received for official services as clerk or $36.00 per month, whichever is the smaller sum. In computing the above percentage, the clerk shall be allowed to deduct any sums which he must expend for the operation of this office so that said 5 percent shall be based on his net income from said office. All clerks who made application and are accepted for membership in the fund shall furnish the board under oath with a statement of their monthly earnings and shall remit to the board, not later than the tenth day of each subsequent month, the amount due hereunder. No payments shall be made to the board earlier than for the month of April, 1952. However, any other provisions of this Code section to the contrary notwithstanding, any clerk receiving as net income for his services the sum of $8,640.00 or more per annum shall, in order to participate in the benefits provided in this chapter, pay into the fund a total amount of not less than $432.00 for each year. If the sum paid in by such clerk through monthly remittances does not amount to $432.00, he shall pay the sum necessary to make up the difference on or before the twentieth day of January of the following year; provided, however, that, any other provisions of this Code section to the contrary notwithstanding, any clerk receiving as net income from his services a sum less than $8,640.00 per annum shall, in order to participate in the benefits provided in this chapter, pay into the fund a total amount of not less than 5 percent of the sum which he receives for each year. If the sum paid in by such clerk through monthly remittances does not amount to such 5 percent, he shall pay the sum

Page 1277

necessary to make up the difference on or before the twentieth day of January of the following year. (b) If any payments required to be made to the fund by a clerk shall remain unpaid 90 days from the date such payment shall be due, there shall also be due a late charge, which late charge shall be interest from the due date computed at 10 percent per annum or the sum of $5.00, whichever is the greater amount. In the event of such delinquency, in order to be eligible to receive any benefits provided by this chapter, a clerk must remit with such delinquent payments the late charge as provided for herein. Section 4. Said chapter is further amended by adding immediately following Code Section 47-14-76 a new Code section, to be designated Code Section 47-14-77, to read as follows: 47-14-77. (a) Notwithstanding any other provision of this chapter to the contrary, a clerk may not receive credit for retirement purposes for any service performed as a clerk prior to six months from the time application is made for membership in the fund. (b) Notwithstanding any other provision of this chapter to the contrary, a clerk may not receive credit for retirement purposes for deputy clerk service or for military service unless such credits are sought at the time of application for membership in the fund. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective October 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. BOARD OF EXAMINERS IN OPTOMETRY ACT AMENDED. Code Section 84-1102 Amended. Code Title 43, Chapter 30 Amended. No. 1417 (Senate Bill No. 583). AN ACT To amend Code Section 84-1102, relating to appointment of a Board of Examiners in Optometry, as amended, so as to continue the Board of Examiners in Optometry and the laws relating thereto but to provide for the later termination of that board and those laws; to amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to provide for the same change described above as well as to change certain meeting requirements; to provide limitations regarding practice location restrictions by the board; to provide for certificate and license display; to provide additional grounds for certain sanctions; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 84-1102, relating to appointment of a Board of Examiners in Optometry, as amended, is amended by adding at the end thereof an undesignated paragraph to read as follows:

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Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Board of Examiners in Optometry and the laws relating thereto are hereby continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Part 2 Section 2. Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by striking Code Section 43-30-4 and inserting in its place a new Code Section 43-30-4 to read as follows: 43-30-4. The board shall annually elect a president and a vice-president who shall hold their offices until their successors are elected and qualified. The board shall prescribe such rules, regulations, and bylaws for its proceedings and governance as will put this chapter into effect. There shall be at least two regular meetings of the board held every year. Special meetings may be held on the call of the president and two other members. Section 3. Said chapter is further amended by striking Code Section 43-30-5 and inserting in its place a new Code Section 43-30-5 to read as follows: 43-30-5. The board shall have the authority and power to adopt, establish, enforce, and maintain rules and regulations applicable to the practice of optometry adequate to put this chapter into effect and to regulate the practice of optometry as a profession in conformity with and in compliance with accepted professional standards. Provided however, the board shall not provide by rule to restrict the

Page 1280

location of the practice of a licensed doctor of optometry, and any such rule now in effect shall be null and void. Section 4. Said chapter is further amended by adding immediately following Code Section 43-30-6 a new Code Section 43-30-6.1 to read as follows: 43-30-6.1. Persons holding a license or certificate of registration issued by the board shall display that license or certificate in a conspicuous place in that person's principal place of practice. Section 5. Said chapter is further amended by striking subsection (a) of Code Section 43-30-9 and inserting in its place a new subsection (a) to read as follows: (a) The board shall refuse to issue its certificate of registration and may revoke its certificate of registration issued to any person who is not of good moral character, or who commits an act involving moral turpitude, or who is guilty of unprofessional conduct, or whose certificate was issued through error, fraud, or perjury, or who knowingly makes any fraudulent, misleading, or deceptive statement in any form of advertising, or who makes any statement in any advertising concerning the quality of optometric services rendered by the registrant or licensee or any optometrist associated with him. Section 6. Said chapter is further amended by striking Code Section 43-30-15 and inserting in its place a new Code Section 43-30-15 to read as follows: 43-30-15. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Examiners in Optometry shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. GEORGIA PUBLIC ASSISTANCE ACT OF 1965 AMENDED. Code Section 49-4-17.1 Enacted. No. 1418 (Senate Bill No. 603). AN ACT To amend an Act known as the Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, so as to provide for the establishment of pilot community work experience programs for certain unemployed recipients of aid to families with dependent children; to provide for legislative findings; to amend the Official Code of Georgia Annotated accordingly; to repeal certain laws; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Georgia Public Assistance Act of 1965, approved March 30, 1965 (Ga. L. 1965, p. 385), as amended, is amended by adding between Sections 18 and 19 a new Section 18.1 to read as follows:

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Section 18.1. (a) The General Assembly finds that, pursuant to newly amended Section 409 of the federal Social Security Act, the states have been given wide latitude to establish community work experience programs for unemployed persons receiving aid to families with dependent children. Such programs could be a valuable means for these recipients to gain work experience while at the same time making valuable contributions to those communities whose tax dollars help support them. (b) The Department of Human Resources shall establish pilot community work experience programs in which unemployed persons receiving aid to families with dependent children under this Act shall be required to participate in order to be included in their public assistance grant. The programs shall provide work training and experience for such persons who are not otherwise able to obtain employment in order to assist them to move into regular or private employment and become self supporting. These programs shall be limited to projects which serve a useful public purpose in fields which include, without being limited to, health, social service, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, and day care. Part 2 Section 2. Article 1, Chapter 4, Title 49 of the Official Code of Georgia Annotated, which article relates to general provisions regarding public assistance, is amended by adding between Code Sections 49-4-17 and 49-4-18 a new Code Section 49-4-17.1 to read as follows: 49-4-17.1. (a) The General Assembly finds that, pursuant to newly amended Section 409 of the federal Social Security Act, the states have been given wide latitude to establish community work experience programs for unemployed persons receiving aid to families with dependent children. Such programs could be a valuable means for these recipients to gain work experience while at the same time making valuable contributions to those communities whose tax dollars help support them. (b) The Department of Human Resources shall establish pilot community work experience programs in which unemployed persons receiving aid to families with dependent children under this article shall be required to participate in order to be included in their public

Page 1283

assistance grant. The programs shall provide work training and experience for such persons who are not otherwise able to obtain employment in order to assist them to move into regular or private employment and become self supporting. These programs shall be limited to projects which serve a useful public purpose in fields which include, without being limited to, health, social service, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, and day care. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. MOTOR VEHICLES CARE OWED PASSENGERS BY OPERATORS. Code Sections 105-104.1, 51-1-36 Enacted. No. 1419 (Senate Bill No. 608). AN ACT To amend Code Title 105, relating to torts, as amended, so as to provide that the operator of a motor vehicle owes to passengers

Page 1284

therein a duty of ordinary care; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 105, relating to torts, as amended, is amended by adding between Code Sections 105-104 and 105-105 a new Code section to be known as Code Section 105-104.1, to read as follows: 105-104.1. Duty of Ordinary Care Owed by Operator of Motor Vehicle to Passengers Therein. The operator of a motor vehicle owes to passengers therein the same duty of ordinary care owed to others. Part 2 Section 2. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to tort law in general, is amended by adding a new Code Section 51-1-36 to read as follows: 51-1-36. The operator of a motor vehicle owes to passengers therein the same duty of ordinary care owed to others. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. THE ECONOMIC REHABILITATION ACT OF 1975 AMENDED. Code Section 49-8-7 Enacted. No. 1420 (Senate Bill No. 622). AN ACT To amend an Act entitled The Economic Rehabilitation Act of 1975, approved April 28, 1975 (Ga. L. 1975, p. 1645), so as to clarify the purpose of said Act; to change the provisions relative to the administration of certain community service programs; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act entitled The Economic Rehabilitation Act of 1975, approved April 28, 1975 (Ga. L. 1975, p. 1645), is amended by adding a new section immediately following Section 6, to be designated Section 6A, to read as follows: Section 6A. Henceforth the administration of the Board of Human Resources policy is to be performed upon providing the opportunity for the local subdivisions of government to accept or reject the propositions for planning and delivering of services requested. Should the proposition be accepted or rejected, services should meet those minimum requirements of the Department of Human Resources based upon a sound cost and program efficiency

Page 1286

and effective evaluation. Further, the Department of Human Resources, if deemed appropriate, should utilize existing service delivery systems and comply with federal legislation governing the affected area, an example being The Omnibus Reconciliation Act of 1981, P.L. 97-35, regarding the Community Services Block Grant. Part 2 Section 2. Chapter 8 of Title 49 of the Official Code of Georgia Annotated, relating to economic rehabilitation services, is amended by adding at the end of said chapter a new Code Section 49-8-7 to read as follows: 49-8-7. Henceforth the administration of the Board of Human Resources policy is to be performed upon providing the opportunity for the local subdivisions of government to accept or reject the propositions for planning and delivering of services requested. Should the proposition be accepted or rejected, services should meet those minimum requirements of the Department of Human Resources based upon a sound cost and program efficiency and effective evaluation. Further, the Department of Human Resources, if deemed appropriate, should utilize existing service delivery systems and comply with federal legislation governing the affected area, an example being The Omnibus Reconciliation Act of 1981, P.L. 97-35, regarding the Community Services Block Grant. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. RETIRED STATE COURT JUDGES MAY PERFORM MARRIAGE CEREMONIES. Code Section 15-7-5 Amended. No. 1421 (Senate Bill No. 624). AN ACT To amend Code Section 15-7-5 of the Official Code of Georgia Annotated, relating to judges of other state courts serving and retired judges serving, so as to provide that retired state court judges shall be authorized to perform marriage ceremonies; 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 15-7-5 of the Official Code of Georgia Annotated, relating to judges of other state courts serving and retired judges serving, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) A retired judge or a judge emeritus of a state court shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies. Section 2. This Act shall become effective on November 1, 1982.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. REVENUE SHORTFALL RESERVE ACT AMENDED. Code Section 45-12-93 Amended. No. 1423 (Senate Bill No. 663). AN ACT To amend an Act creating the Revenue Shortfall Reserve, approved March 5, 1976 (Ga. L. 1976, p. 420), so as to provide that a percentage of net revenue collections shall be reserved from state surplus at the end of each fiscal year for the purpose of providing the Midyear Adjustment Reserve; to provide for matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act creating the Revenue Shortfall Reserve, approved March 5, 1976 (Ga. L. 1976, p. 420), is amended by adding a new section to be known as Section 1A to read as follows: Section 1A. The State Auditor shall reserve from State surplus as of June 30 of each fiscal year an amount equal to one percent of the net revenue collections of such fiscal year, to the extent that such surplus is available therefor, before provision has been made for the Revenue Shortfall Reserve as specified in Section 1. This reserve shall be entitled the Midyear Adjustment Reserve and shall be available for appropriation by the General Assembly of Georgia for such purposes as it may select.

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Part 2 Section 2. Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve, is amended by designating the existing language as subsection (a) and adding a subsection (b) to read as follows: (b) As of June 30 of each fiscal year, the state auditor shall reserve from the state surplus an amount equal to 1 percent of the net revenue collections of such fiscal year, to the extent that such surplus is available therefor. This amount shall be reserved before the amount shall be reserved for the revenue shortfall reserve as provided in subsection (a). This reserve shall be entitled the midyear adjustment reserve and shall be available for appropriation by the General Assembly of Georgia for such purposes as it may select. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

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MOTOR VEHICLES SPEED LIMITS IN CONSTRUCTION AREAS. Code Sections 68A-802, 40-6-181 Amended. No. 1424 (Senate Bill No. 667). AN ACT To amend Code Section 68A-802, relating to maximum lawful vehicle speeds, so as to change the maximum lawful vehicle speed in construction or maintenance areas; to provide for the modification of maximum lawful vehicle speeds; to amend Official Code of Georgia Annotated Section 40-6-181, relating to maximum lawful vehicle speeds, so as to provide therein for the same change described above; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 68A-802, relating to maximum lawful vehicle speeds, is hereby amended by striking from subparagraph (2) thereof the following: The maximum speed limits set forth in this section may be altered as authorized in Section 68A-803 and 68A-804 of this title., and by adding two new subparagraphs to read as follows: (3) Forty miles per hour in any location which is within or adjacent to a construction or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed.; (4) The maximum speed limits set forth in this section may be altered as authorized by Section 68A-803 and 68A-804 of this title.; so that when so amended Code Section 68A-802 shall read as follows: 68A-802. Maximum limits. Except when a special hazard exists that requires a lower speed for compliance with Section 68A-801 of this title, the limits hereinafter specified or established as hereinafter

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authorized shall be maximum lawful vehicle speeds, and no person shall drive a vehicle at a speed in excess of the following maximum limits: (1) Thirty miles per hour in any urban or residence district. (2) Fifty-five miles per hour in other locations. (3) Forty miles per hour in any location which is within or adjacent to a construction or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed. (4) The maximum speed limits set forth in this section may be altered as authorized in Section 68A-803 and 68A-804 of this title. Part 2 Section 2. Official Code of Georgia Annotated Section 40-6-181, relating to maximum lawful vehicle speeds, is hereby amended by adding at the end of paragraph (b) thereof a new subpart to read as follows: (3) Forty miles per hour in any location which is within or adjacent to a construction or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed.; so that when so amended Official Code of Georgia Section 40-6-181 shall read as follows: 40-6-181(a). The limits specified in this Code Section or established as authorized in this article shall be the maximum lawful vehicle speeds, except when a special hazard exists that requires a lower speed for compliance with Code Section 40-6-180. (b) No person shall drive a vehicle at a speed in excess of the following maximum limits: (1) Thirty miles per hour in any urban or residential district;

Page 1292

(2) Fifty-five miles per hour in other locations. (3) Forty miles per hour in any location which is within or adjacent to a construction or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed. (c) The maximum speed limits set forth in this Code Section may be altered as authorized in Code Sections 40-6-182 and 40-6-183. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 14, 1982. ELECTIONS GEORGIA ELECTION CODE AMENDED. Code Title 21, Chapter 2 Amended. No. 1425 (Senate Bill No. 689). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, so as to provide that the General

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Assembly may by local act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of elections; to provide that the General Assembly may by local act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures; to provide for the appointment, compensation, and duties of chief deputy registrars; to change the provisions relating to qualifications of registrars and deputy registrars; to provide for each applicant to complete two registration cards and for the registrar to forward one of such cards to the registrar of the municipality under certain circumstances; to change the provisions relating to form of registration cards for use by applicants for regular and absentee registration; to provide for the counting of votes of certain electors when no election is conducted because all candidates are unopposed; to change the provisions relating to procedures as to printing of ballots; to change the provisions relating to general requirements as to vote recorders; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, is amended by striking the word and number Part 1 in Article 2 of Chapter 2 of Title 21 and inserting in lieu thereof the following: Part 1 Subpart 1. Section 2. Said title is further amended by adding a new Subpart 2 at the end of Part 1 of Article 2 of Chapter 2 of Title 21 to read as follows:

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Subpart 2 21-2-40. (a) The General Assembly may by local act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of elections. (b) The General Assembly may by local act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures. Section 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2-212, which reads as follows: (b) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours when the office of the tax commissioner or tax collector is open, the tax commissioner or the tax collector shall be a deputy to the board of registrars. He shall perform the duties required of him under this article with no extra compensation unless the governing authority so authorizes. He may, with the prior approval of the board, designate one or more of his own deputies to act as additional deputies., and inserting in lieu thereof a new subsection (b) to read as follows: (b) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrar shall designate and appoint as chief deputy registrar a fulltime county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrar to the Secretary of State's office, where such information shall be maintained on file. Section 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-213 and inserting in lieu thereof a new subsection (a) to read as follows:

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(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 for any nomination or office to be voted for at a primary or election or to qualify for any nomination or office or to have his name placed on any primary or election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give 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. However, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a county board of elections from qualifying for, or having his name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. Section 5. Said title is further amended by striking Code Section 21-2-217 in its entirety and inserting in lieu thereof a new Code Section 21-2-217 to read as follows: 21-2-217. (a) The registration cards for use by persons other than absentee applicants shall, after March 18, 1976, be in the following form only, but cards existing as of that date are not required to be changed. The form may be printed on cards or separate sheets, but for convenience, the card or sheets of paper shall be referred to as the `registration card.' REGISTRATION CARD

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Page 1297

QUESTIONS PROPOUNDED TO APPLICANT (The space above shall be marked approved or rejected after the examination of the applicant's qualification.) (b) The registration cards for use by applicants for absentee registration shall be in the same form as the above form of registration card, except that the affidavit and questions propounded to the applicant portions shall be eliminated and in lieu thereof the following form of affidavit shall be used:

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(c) The board of registrars may require that registration cards be executed in duplicate.

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(d) So that all voter registration cards may be uniform throughout all 159 counties of the state, the Secretary of State is authorized to administer this Code section. Section 6. Said title is further amended by adding at the end of Code Section 21-2-217 two new subsections, to be designated subsections (e) and (f), to read as follows: (e) In cases where a municipality does not elect to use the county registration system, the registrar or deputy registrar shall require the applicant to complete two registration cards and the registrar shall forward one of such registration cards to the city clerk of the municipality. The city clerk shall transmit such registration cards to the registrar of the municipality who shall check the name and identifying information of each applicant against the registration cards on file in the municipality so as to ensure that no voter is registered twice. If the registrar finds the applicant meets the qualifications for registration in the municipality, the registration card shall be placed on file in the registrars' office and the applicants name shall be added to the electors list. (f) Notwithstanding any other provision of this Code to the contrary, the board of registrars for the county shall appoint the registrars in each municipality in the county, except in those municipalities electing to use the county registration lists, as deputy registrars of the county. Section 7. Said title is further amended by adding at the end of Code Section 21-2-231 a new subsection, to be designated subsection (d), to read as follows: (d) If the county is furnishing the electors list to a municipality, each elector in the municipality shall be given credit for having voted when no election has been held due to all candidates being unopposed. Section 8. Said title is further amended by striking Code Section 21-2-288 in its entirety and inserting in lieu thereof a new Code Section 21-2-288 to read as follows: 21-2-288. If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, or the superintendent of elections,

Page 1300

in the case of county offices, shall print or cause to be printed the residence of all candidates for such nomination or office on the ballot under their names. The designated official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence of all candidates for that office on the ballot; and the decision of the designated official shall be conclusive. Section 9. Said title is further amended by striking in its entirety paragraph (2) of Code Section 21-2-350 and inserting in lieu thereof a new paragraph (2) to read as follows: (2) It shall permit each elector, at other than primaries, to vote a straight party or body ticket, with the exception of candidates for the offices of presidential electors, in one operation per ballot card; and in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors; or, in one operation per ballot card, to vote for all the candidates of one party or body for every office to be voted for except those offices as to which he votes for individual candidates and the offices of presidential electors;. Section 10. This Act shall become effective November 1, 1982. Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. LAND CONVEYANCE TO GEORGIA EASTER SEAL SOCIETY, INC. No. 86 (Senate Resolution No. 120). A RESOLUTION Authorizing the State of Georgia, acting by and through its Department of Human Resources, to make approximately 70 acres of land in Meriwether County, Georgia, available to Georgia Easter Seal

Page 1301

Society, Inc., for the purpose of their constructing and operating thereon camping facilities for handicapped citizens of Georgia; to provide an effective date; and for other purposes. WHEREAS, the State of Georgia is the owner of approximately 70 acres of land located in Meriwether County, Georgia; and WHEREAS, the Roosevelt Warm Springs Institute for Rehabilitation, which is operated by the Department of Human Resources, is located on property which includes the aforesaid approximately 70 acres of land; and WHEREAS, the aforesaid approximately 70 acres of land is appropriate for the joint needs and use of the State of Georgia and its Department of Human Resources in its operation of the Roosevelt Warm Springs Institution for Rehabilitation and Georgia Easter Seal Society, Inc.; and WHEREAS, Georgia Easter Seal Society, Inc., a nonprofit organization providing rehabilitation services to handicapped citizens of Georgia, desires to utilize a portion of said land being more particularly described as follows: All that tract of land, containing approximately 70 acres, situate, lying and being adjacent to the City of Warm Springs in Meriwether County, Georgia, and being more particularly described as follows: Beginning at a point South 62 49' 19 West 75 feet from iron pin on Southwest side of Pine Road across from Institute house known as Wilson Cottage; then South 62 49' 19 West 888 feet to iron pin; then South 88 04' 31 West 228.65 feet to iron pin; then South 88 04' 33 West 1847 feet ; then due North 600 feet ; then North 45 0' East 1400 feet ; then due East 250 feet to a point on Southwest side of Pine Road; then follow a line 150 feet Southwest of center line of Pine Road 2150 feet to the point of beginning, containing approximately 70 acres .; and WHEREAS, Georgia Easter Seal Society, Inc., desires to construct and operate on said approximately 70 acres of land camping facilities for handicapped citizens of Georgia and desires to allow the Department of Human Resources to utilize said facilities, based upon a mutually agreed upon schedule of joint utilization.

Page 1302

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia, acting by and through the Department of Human Resources, is hereby authorized and empowered to take appropriate action to make said approximately 70 acres of land available to Georgia Easter Seal Society, Inc., for the purpose of their constructing and operating thereon camping facilities for handicapped citizens of Georgia. There shall be a cooperative agreement signed by representatives of the Department of Human Resources and the Georgia Easter Seal Society, Inc., which provides the Department of Human Resources sufficient utilization of the camping facility. Section 2. That said appropriate action which the State of Georgia, acting by and through the Department of Human Resources, is hereby authorized and empowered to take shall be under whatever terms and conditions the Department of Human Resources may impose and may take the form of a rental, lease, license, or deed transaction of either all or a portion of the rights, title, and interests which the State of Georgia, acting by and through the Department of Human Resources, has in and to the said approximately 70 acres of land; provided, however, that any and all agreements pertaining to the above described property shall be submitted to the State Properties Commission for approval prior to any execution by the State of Georgia, acting by and through the Department of Human Resources. Section 3. That the State of Georgia, acting by and through the Department of Human Resources, is authorized to revise the above description in order to conform with an accurate plat of survey of all or a portion of the said approximately 70 acres of land if such plat of survey is approved by the Department of Human Resources. Section 4. That said appropriate action referenced above in Sections 1 and 2 of this resolution if taken by the State of Georgia, acting by and through the Department of Human Resources and approved by the State Properties Commission, is hereby declared by the General Assembly to be in the best interests of the public and the taxpayers of Georgia.

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Section 5. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Approved April 14, 1982. JOINT CHILDREN AND YOUTH STUDY COMMITTEE CREATED. No. 87 (Senate Resolution No. 171). A RESOLUTION Creating the Joint Children and Youth Study Committee; and for other purposes. WHEREAS, crime and violence by juveniles is the fastest growing segment of crime in the United States; and WHEREAS, such violence has begun to reach epidemic proportions in some schools in this nation and in this state; and WHEREAS, the General Assembly is deeply concerned about the effect such violence and disruption is having on the youth and particularly in the school systems in this state; and WHEREAS, over 46,000 children were suspended from school and several hundred expelled during 1977-78; and WHEREAS, dropouts, expulsions, and suspensions cost the state a tremendous amount in lost revenue and lost human potential; and WHEREAS, child abuse and neglect are community concerns and they occur at all economic levels; and WHEREAS, the Child Abuse Central Registry has recently published physical and sexual abuse trends which show an increase in cases; and

Page 1304

WHEREAS, the present juvenile justice system needs to be studied to determine where improvements need to be made and also to determine if alternative procedures and programs are needed. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Children and Youth Study Committee to be composed of four members of the Senate appointed by the President of the Senate, four members of the House appointed by the Speaker of the House, two citizens at large appointed by the President of the Senate, and two citizens at large appointed by the Speaker of the House. The committee shall elect its chairman or co-chairman at its initial meeting. The committee shall be authorized to study and make recommendations regarding the entire juvenile justice system of this state, regarding troubled children and child abuse and neglect, and regarding behavioral problems of students from elementary through high school. 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 exercise fully and adequately its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The committee shall be authorized to conduct a regional conference of state legislators on children and youth issues. The Department of Education and other state agencies shall assist and support the committee in its study. The committee shall establish an advisory committee made up of representatives from various professional groups and associations, state agency personnel, and others designated by the committee, such advisory committee members to serve without compensation. In order to carry out adequately its duties and responsibilities, the committee shall be authorized to have a staff person to serve at the committee's direction. Each member of the committee shall receive for his services on the committee the expenses and allowances authorized by law for members of legislative committees, but for no longer than 15 days unless an extension is obtained from the President of the Senate and the Speaker of the House. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall stand abolished on December 31, 1982. Approved April 14, 1982.

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LAND CONVEYANCE TO J. P. STEVENS CO. AUTHORIZED. No. 88 (Senate Resolution No. 229). A RESOLUTION Authorizing the conveyance of certain real property located in Baldwin County, Georgia, to J. P. Stevens Co., Inc.; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Baldwin County, Georgia, which property was leased and is still under lease to J. P. Stevens Co., Inc., pursuant to a resolution enacted by the General Assembly authorizing the lease of such property, approved April 23, 1969 (Ga. L. 1969, p. 626); and WHEREAS, said tract or parcel of land is more fully described as follows: Beginning at a point on the southeastern right-of-way line of the Georgia Railroad, said point of beginning being located a distance of three hundred and twenty-eight and 75/100 feet (328.75) S 53 degrees 30 minutes W along the northeastern right-of-way line of the Georgia Railroad and S 36 degrees 30 minutes E a distance of one hundred and fifty and 00/100 feet from the most easterly corner of the property presently owned by J. P. Stevens Co., Inc. Commencing at the point of beginning and going N 53 degrees 30 minutes E, a distance of seven hundred and twenty-four and 67/100 (724.67) feet along the southeastern right-of-way line of the Georgia Railroad to a corner; thence S 14 degrees 36 minutes 30 seconds E, a distance of nine hundred and fifty and 36/100 (950.36) feet to a corner; thence S 75 degrees 23 minutes 30 seconds W, a distance of seven hundred and eighty-three and 58/100 (783.58) feet to the center of an unpaved road and a corner; thence N 25 degrees 45 minutes 30 seconds W, a distance of one hundred and forty-two and 27/100 (142.27) feet to a point in said unpaved road; thence N 12 degrees 45 minutes 30 seconds W, a distance of two hundred and 00/100 (200.00) feet to a point in said road; thence N 04 degrees 54 minutes W, a distance of one hundred and 00/100 (100.00) feet to a point in said road; thence N 01 degrees 27 minutes 30 seconds E, a distance of one hundred and 00/100 (100.00) feet to a point in said road; thence N 11

Page 1306

degrees 55 minutes 300 seconds E, a distance of one hundred and 00/100 (100.00) feet to a point in said road; thence N 22 degrees 05 minutes E, a distance of seventy-two and 28/100 (72.28) feet to a point in the center of said unpaved road and the point of beginning; said parcel of land described herein containing fourteen and 28/100 (14.28) acres.; and WHEREAS, the property is being used for an equalization basin in connection with the City of Milledgeville waste treatment plant; and WHEREAS, the tract of land is no longer needed by the State of Georgia and is, therefore, surplus. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The State of Georgia is the owner of the above-described property and, in all matters relating to the conveyance of the property, the State of Georgia is acting by and through the State Properties Commission. Section 2. The State Properties Commission is authorized to convey the above-described property by sale for a consideration not less than the fair market value to J. P. Stevens Co., Inc., upon such terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. Section 3. The State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 4. This resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval.

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Section 5. All laws and parts of laws in conflict with this resolution are repealed. Approved April 14, 1982. EASEMENT TO GOLDEN ISLES MARINA, INC. No. 89 (Senate Resolution No. 249). 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 convey a nonexclusive easement in and to certain state-owned real property situated in the Frederica River, Glynn County, Georgia, to Golden Isles Marina, Inc.; and for other purposes. WHEREAS, Golden Isles Marina, Inc., proposes to construct, repair, replace, and expand the existing marina located on or adjacent to Lanier Island on the Frederica River in Glynn County, Georgia, at the southerly side of the Brunswick-St. Simons Island Causeway (F. J. Torras Causeway); and WHEREAS, said expanded marina facilities will include piers, docks, floating docks, buildings, pilings, dolphins, marine railway, and appurtenances thereto located partially on lands owned or claimed by the State of Georgia; and the Golden Isles Marina, Inc., desires a nonexclusive easement from the State of Georgia over and through such land in order to construct, operate, and maintain said marina facilities; and WHEREAS, the power to deal with and to dispose of state-owned property is vested in the General Assembly of Georgia; and WHEREAS, it is the judgment of the General Assembly that the staff and the members of the State Properties Commission possess

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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 the conveyance of said nonexclusive easement to Golden Isles Marina, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the property, and that, in all matters relating to the property, the State of Georgia is acting by and through the State Properties Commission. Section 2. That the State of Georgia, acting by and through the State Properties Commission, convey to Golden Isles Marina, Inc., a nonexclusive easement over, through, upon, and across the property for the sole purpose of operating and maintaining a marina and the expansion of the existing marina and constructing of marina related buildings, installing, maintaining, repairing, removing, and replacing marina related buildings, structures, piers, docks, floating docks, marine railway, dolphins, pilings, appurtenances thereto, and all facilities and improvements that shall be reasonably for or in connection therewith on the west bank of the Frederica River, hereinafter more fully described, subject always to the initial and continuing compliance by Golden Isles Marina, Inc., with all applicable laws pertaining to the subject matter hereof and the properties affected hereby and subject always to the use and enjoyment of the public of any navigable waters involved herein. Section 3. That said nonexclusive easement further be subject to the following: (1) The consideration for the conveyance of said nonexclusive easement shall be as determined by the State Properties Commission, acting in the best interests of the State of Georgia; (2) That Golden Isles Marina, Inc., prepare and submit to the State Properties Commission a plat of survey and legal description of the desired nonexclusive easement area; (3) That the State Properties Commission shall obtain, prior to conveyance of said nonexclusive easement, a written report from the Department of Transportation that the use of the

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to be determined nonexclusive easement area will not interfere with any plans for expansion, modification, or new construction of the F. J. Torras Causeway; (4) The provisions of the Coastal Marshlands Protection Act of 1970 (Ga. L. 1970, p. 939, as amended) and all applicable laws, rules, and regulations of the State of Georgia and the United States regarding the use and development of the property; and (5) Such other terms and conditions, including, without limitation, the specification of the term of said nonexclusive easement, as determined by the State Properties Commission to be in the best interests of the State of Georgia. Section 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 5. That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 6. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 14, 1982. LAND CONVEYANCE TO HABERSHAM COUNTY BOARD OF EDUCATION. No. 90 (Senate Resolution No. 250). A RESOLUTION Authorizing the conveyance of certain real property located in Habersham County; and for other purposes.

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WHEREAS, the Habersham County Board of Education deeded all property constituting the campus of North Georgia Technical and Vocational School to the Georgia State Board of Education; and WHEREAS, the Habersham County Board of Education has requested that.57 acre of such property adjacent to Georgia Highway 197 be transferred back to the Habersham County Board of Education; and WHEREAS, the.57 acre is identified in land lot no. 84 of the 11th land district of Habersham County and more particularly described on a plat prepared by Mr. Hubert Lovell (Ga. Reg. No. 1553) for the North Georgia Technical and Vocational School, dated February 18, 1980; and WHEREAS, the above-described property is no longer needed by the State Board of Education or the State of Georgia and is, therefore, surplus. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described property and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the State Properties Commission is authorized to convey the above-described property to the Habersham County Board of Education for a consideration of $1.00 and upon such further terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. Section 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 4. That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval.

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Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 14, 1982. SCHOOL FINANCE STUDY COMMISSION. No. 91 (Senate Resolution No. 271). A RESOLUTION Creating the School Finance Study Commission; and for other purposes. WHEREAS, the Georgia Supreme Court on November 24, 1981, upheld the constitutionality of the existing system of financing public education in Georgia; and WHEREAS, while holding that the existing finance system is constitutional, the court expressed its opinion that ..... serious disparities in educational opportunities exist in Georgia and that legislation currently in effect will not eliminate them; and WHEREAS, the court observed that the resolution of the problems it noted should most appropriately be addressed by the General Assembly and not the courts of our state; and WHEREAS, the ruling of the Supreme Court should serve as an incentive to the General Assembly to resolve the serious school finance problems highlighted by the recent litigation. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the School Finance Study Commission is created which shall be composed of 15 members as follows: (a) Three members of the Senate appointed by the President of the Senate;

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(b) Three members of the House of Representatives appointed by the Speaker of the House of Representatives; (c) Seven members appointed by the Governor at the sole discretion of the Governor; (d) The State Superintendent of Schools or his designee; and (e) The chairman of the State Board of Education or his designee. BE IT FURTHER RESOLVED that the commission shall conduct a comprehensive study of the existing system of financing the public schools of this state. By way of example but not of limitation, the commission's study may include the development of information and recommendations on any of the following subjects: (a) The appropriate funding relationships between local school districts and the state; (b) Pupil weighting, recognition of needs of the physically and educationally handicapped, and other similar factors that may reasonably relate to school finance considerations; (c) Programs to equalize the revenue-producing ability of the various school systems such as the district power equalizing provision currently in effect but not funded in Georgia and similar provisions in the laws of other states; (d) The organizational structure of school systems in Georgia, including how the number and size of the various school systems relate to an adequate and equitable program of school finance; and (e) The tax policy ramifications of any school finance alternatives considered or recommended. BE IT FURTHER RESOLVED that the various departments and agencies of the state government shall cooperate with and assist the commission in carrying out its duties under this resolution. BE IT FURTHER RESOLVED that the organizational meeting of the commission shall be held upon the joint call of the President of the Senate and the Speaker of the House of Representatives. At the

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organizational meeting, the commission shall elect a chairman from its own membership and such other officers from its own membership as the commission finds necessary or desirable. The commission shall adopt its own rules of procedure and may meet at such times and places as the commission shall determine. BE IT FURTHER RESOLVED that the legislative members of the commission shall receive the expenses and allowances provided by law for legislative members of interim committees for attending meetings of the commission. Members of the commission who are private citizens shall be reimbursed for actual and necessary expenses and travel expenses in the same manner and at the same rate as state employees for attending meetings of the commission. State officials or employees who serve on the commission shall be reimbursed for actual and necessary expenses and travel expenses for attending meetings of the commission from the funds of their respective state departments or agencies. The members of the commission may meet not exceeding ten days to carry out the purposes of this resolution. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of state government. BE IT FURTHER RESOLVED that the commission shall make a report of its findings and recommendations, including proposed legislation, to the Governor and all members of the General Assembly on or before the date the General Assembly convenes in regular session in 1983, on which date the commission shall stand abolished. Approved April 14, 1982. CONGRESS URGED TO PROVIDE FOR REVIEW OF RECORDS OF FEDERAL JUDGES. No. 92 (Senate Resolution No. 275). A RESOLUTION Calling upon the United States Congress to pass an amendment to the United States Constitution which would require that the record of

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all federal judges be reviewed every eight years; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: WHEREAS, the framers of the Constitution of the United States, in their collective wisdom, established a marvelous and unique form of government; and WHEREAS, the government consists of a centralized form made up of three separate branches but with the ultimate power residing in the people; and WHEREAS, the legislative, executive, and judicial branches were each created to operate as a check and balance on the exercise of governmental power by each other; and WHEREAS, federal judges are appointed for life and are therefore removable only through impeachment or voluntary retirement; and WHEREAS, this system of selecting federal judges appropriately insulates them from the people and the government they serve; and WHEREAS, it is advisable to improve the manner of selecting and continuing in office the federal judges so that the interests of justice and the people can be best served. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Congress of the United States is requested to institute procedures to provide that the record of all federal judges be reviewed every eight years and that procedures be available to remove judges found to be derelict in the performance of their constitutional duties. BE IT FURTHER RESOLVED that this legislature calls upon the legislatures of each of the several states to adopt similar resolutions and to forward such resolutions to the Congress.

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BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the President of the Senate and the Speaker of the House of Representatives of the United States and to all members of the Georgia delegation in Congress. BE IT FURTHER RESOLVED that copies of this resolution also be prepared and forwarded to the Secretaries of State and to the presiding officers of the legislatures of the several states. Approved April 14, 1982. LAND CONVEYANCE TO BALDWIN COUNTY BOARD OF EDUCATION. No. 93 (Senate Resolution No. 281). A RESOLUTION Authorizing the conveyance of certain state owned property located in Baldwin County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of approximately thirty-four and one-tenth (34.1) acres located in Baldwin County, Georgia; and WHEREAS, said property is under the custody and management of the Department of Offender Rehabilitation; and WHEREAS, said real property is all that tract or parcel of land lying and being in Baldwin County, Georgia, and being generally described as follows: All that tract or parcel of land situate, lying and being in Land Lots 236 and 251, First Land District, 321st District, G.M., Baldwin County, Georgia, containing 34.1 acres, more or less, and being generally bounded as follows: Beginning at a point on the western

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property line of the Blandy Road at the point of intersection of the northern property line of lands of the Regents of the University System of Georgia (as shown on plat recorded in Deed Book 77 at page 632) which point is marked by an iron pin; thence from said point of beginning proceeding along the said property line of said Regents south 71 degrees 44 minutes 18 seconds west for a distance of 1163.02 feet; thence south 75 degrees 35 minutes 18 seconds west for a distance of 1260.88 feet to a point on the southeastern property line of State Hospital Dairy Road; thence proceeding along the southeasterly property line of State Hospital Dairy Road along the arc of a curve having a chord extending north 27 degrees 57 minutes 03 seconds east a distance of 87.25 feet; thence along the arc of a curve extending north 36 degrees 33 minutes 23 seconds east a distance of 160.57 feet; thence along the arc of a curve having a chord extending north 45 degrees 09 minutes 25 seconds east a distance of 189.28 feet; thence along an arc of a curve having a chord extending north 53 degrees 28 minutes 40 seconds east for a distance of 184.01 feet; thence north 58 degrees 06 minutes 28 seconds east for a distance of 327.29 feet; thence following the arc of a curve having a chord extending north 47 degrees 40 minutes 33 seconds east a distance of 857 feet and arc length 861.75 feet; thence north 37 degrees 14 minutes 39 seconds east a distance of 195.66 feet; thence following the arc of a curve having chord extending north 69 degrees 59 minutes 29 seconds east for a distance of 635.10 feet and arc length of 671.04 feet; thence south 77 degrees 15 minutes 40 seconds east for a distance of 179.35 feet; thence proceeding along the property line of lands of the State of Georgia south 09 degrees 25 minutes 58 seconds east a distance of 107.50 feet, to a point on the western property line of the Blandy Road; thence proceeding along the western property line of the Blandy Road south 18 degrees 09 minutes west for a distance of 10.8 feet; thence following the arc of a curve having a chord extending south 02 degrees 59 minutes 23 seconds west for a distance of 464.14 feet and an arc length of 469.6 feet; thence north 77 degrees 49 minutes 46 seconds east for a distance of 5 feet; thence following the arc of a curve having a chord extending south 21 degrees 51 minutes 12 seconds east for a distance of 296.82 feet and an arc length of 298.24 feet to the point of beginning: all as shown on a plat of survey, dated Feb. 1982, prepared by Walker McKnight, Registered Land Surveyor No. 864, which plat is on file with the State Properties Commission.; and

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WHEREAS, the property is no longer useful to or needed by the State of Georgia and, therefore, is surplus. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described property and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the State Properties Commission is authorized to convey any or all of the above-described property to the Baldwin County Board of Education for a consideration not less than the fair market value, upon such terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. Section 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 4. That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 14, 1982. GEORGIA MOTOR VEHICLE SAFETY WEEK. No. 94 (Senate Resolution No. 310). A RESOLUTION To establish the third week of November annually as Georgia Motor Vehicle Safety Week; and for other purposes.

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WHEREAS, the safety and health of our citizens are of primary importance to the General Assembly; and WHEREAS, the periodic maintenance of the family vehicle will provide safer driving for family members and others; and WHEREAS, the winter holiday season is a particularly hazardous driving time; and WHEREAS, the Department of Public Safety and private industry, through their personnel and the news media, can promote car inspection and maintenance during the third week of November. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body supports the establishment of the third week of November every year as Georgia Motor Vehicle Safety Week. Approved April 14, 1982. GEORGIA-FLORIDA PARKWAY DESIGNATED. No. 95 (Senate Resolution No. 324). A RESOLUTION Designating the Georgia-Florida Parkway; and for other purposes. WHEREAS, in the spirit of cooperation and brotherhood between the great State of Georgia and the great State of Florida; and

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WHEREAS, in recognition of the continuing growth in transportation needs between these two states, it is only fitting and proper to designate a portion of the highways of Georgia as the Georgia-Florida Parkway. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of the highway in Georgia, more fully described as follows: Beginning at the point where Interstate Highway 75 intersects with the Department of Transportation's project number F-131-2(11) in Crisp County, Georgia; thence along such project in a southwesterly direction until such project intersects State Highway 257; thence along Highway 257 in a southerly direction until such highway intersects United States Highway 19; thence along Highway 19 in a southerly direction until such highway intersects the border of Georgia and Florida is designated the Georgia-Florida Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized to place appropriate signs on the highway hereinabove described designating it as the Georgia-Florida Parkway. Approved April 14, 1982. ARMADILLO OLYMPICS DAY DESIGNATED. No. 99 (House Resolution No. 265). A RESOLUTION Proclaiming an official Armadillo Olympics Day in Georgia; and for other purposes. WHEREAS, the armadillo population in Georgia is increasing at an alarming rate and there is no known natural method of controlling the population due to the lack of a natural predator in Georgia; and

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WHEREAS, the control of armadillos is necessary to keep a natural balance in our wildlife population as well as to protect our farmers from crop loss; and WHEREAS, the meat of the armadillo is delicious and highly nutritious and the consumption thereof will help fight inflationary food prices; and WHEREAS, the Brantley County Chapter Future Farmers of America has, for several years, sponsored an annual Armadillo Roundup and Olympics with great success. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the second Saturday in May of each year shall be set aside and officially designated and proclaimed as Armadillo Olympics Day in Georgia. Approved April 14, 1982. SELECT COMMITTEE ON CONSTITUTIONAL REVISION EXTENDED. No. 100 (House Resolution No. 514). A RESOLUTION To amend a resolution creating the Select Committee on Constitutional Revision, approved March 30, 1977 (Ga. L. 1977, p. 1528), as amended by a resolution approved April 6, 1978 (Ga. L. 1978, p. 2134) and by a resolution approved April 2, 1980 (Ga. L. 1980, p. 1480), so as to extend the existence of the committee; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. A resolution creating the Select Committee on Constitutional Revision, approved March 30, 1977 (Ga. L. 1977, p. 1528), as amended by a resolution approved April 6, 1978 (Ga. L. 1978, p. 2134) and by a resolution approved April 2, 1980 (Ga. L. 1980, p. 1480), is amended by deleting therefrom the last paragraph, which reads as follows: This Resolution shall stand repealed at the end of June 30, 1982, and the Committee and all study committees shall stand abolished at that time., and substituting in lieu thereof the following: This Resolution shall stand repealed at the end of June 30, 1986, and the Committee and all study committees shall stand abolished at that time. Section 2. This resolution 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 resolution are repealed. Approved April 14, 1982. WORLD FEDERATION RESOLUTION OF 1946 REPEALED. No. 101 (House Resolution No. 519). A RESOLUTION Repealing a resolution approving the principle of World Federation; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. A resolution providing That the General Assembly of Georgia does hereby solemnly declare that all peoples of the earth should now be united in a World Federation, and to that end it hereby requests the Senators and Members of the House of Representatives in Congress from the State of Georgia to support and vote for a Resolution in the Congress of the United States, approving the principle of World Federation and requesting the President of the United States to initiate the procedure necessary to formulate a Constitution for The Federation of the World, which shall be submitted to each nation for its ratification., approved January 31, 1946 (Ga. L. 1946, p. 697), is repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE EXTENDED. No. 102 (House Resolution No. 542). A RESOLUTION To amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended by a resolution approved March 21, 1974 (Ga. L. 1974, p. 524), a resolution approved February 24, 1975 (Ga. L. 1975, p. 31), a resolution approved March 23, 1977 (Ga. L. 1977, p. 912), and a

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resolution approved March 21, 1980 (Ga. L. 1980, p. 790), so as to change the provisions relating to the repeal of the resolution; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. A resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, approved March 16, 1973 (Ga. L. 1973, p. 70), as amended by a resolution approved March 21, 1974 (Ga. L. 1974, p. 524), a resolution approved February 24, 1975 (Ga. L. 1975, p. 31), a resolution approved March 23, 1977 (Ga. L. 1977, p. 912), and a resolution approved March 21, 1980 (Ga. L. 1980, p. 790), is amended by striking from Section 3A the date July 1, 1982, and inserting in lieu thereof the date July 1, 1984, so that when so amended Section 3A shall read as follows: Section 3A. Unless extended by joint resolution of the General Assembly, this resolution shall stand repealed on July 1, 1984. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. ROOSEVELT WARM SPRINGS INSTITUTE FOR REHABILITATION. No. 103 (House Resolution No. 559). A RESOLUTION Relative to the one-hundredth anniversary of the birth of President Franklin Delano Roosevelt; and for other purposes. WHEREAS, January 28, 1982, is the one-hundredth anniversary of the birth of President Franklin Delano Roosevelt; and

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WHEREAS, he was a great statesman and leader during one of the most difficult periods in the history of our country; and WHEREAS, he found time, because of his humanitarian concern for all people regardless of their circumstances, to provide the leadership for the development of the Georgia Warm Springs Foundation, an international polio treatment center in Warm Springs, Georgia; and WHEREAS, the State of Georgia in recognition of the needs of persons with disabilities has assumed operation of the Georgia Warm Springs Foundation and combined it with the Georgia Rehabilitation Center to create the Roosevelt Warm Springs Institute for Rehabilitation; and WHEREAS, the Roosevelt Warm Springs Institute for Rehabilitation is one of the most comprehensive rehabilitation facilities in the world dedicated to continuing the work begun in 1927 by President Franklin Delano Roosevelt; and WHEREAS, the esteem which President Franklin Delano Roosevelt held for the foundation is embodied in this quote: The Warm Springs Foundation, and its offspring, the National Foundation for Infantile Paralysis, have been more of a satisfaction to me in the field of social achievement than anything I have accomplished as a world leader, with the one possible exception of the Social Security Administration; and WHEREAS, it is the desire of the Georgia General Assembly to recognize the contributions of President Franklin Delano Roosevelt to our country in general and to persons with disabilities in particular. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, on the one-hundredth anniversary of the birth of President Franklin Delano Roosevelt, this body does hereby designate the Roosevelt Warm Springs Institute for Rehabilitation as a living memorial to President Franklin Delano Roosevelt. BE IT FURTHER RESOLVED that the Georgia Delegation to the United States Congress is requested to submit a similar resolution in Congress acknowledging their acceptance of this token of appreciation to President Franklin Delano Roosevelt by the State of Georgia.

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BE IT FURTHER RESOLVED that the President of the United States is requested to acknowledge and accept the designation of the Roosevelt Warm Springs Institute for Rehabilitation as a living memorial to President Franklin Delano Roosevelt. BE IT FURTHER RESOLVED that the President of the United States request all departments of the United States government to work with the State of Georgia as appropriate in fully developing the living memorial as a facility dedicated to preventing disabilities from becoming handicaps. Approved April 14, 1982. STATE EMPLOYEES' HEALTH BENEFIT PLAN. No. 104 (House Resolution No. 562). A RESOLUTION Relative to the cost of the State Health Benefit Plan; and for other purposes. WHEREAS, the General Assembly of Georgia is interested in providing the best health care insurance program for state employees at the lowest possible cost; and WHEREAS, the cost of health insurance has continued to increase at a rate higher than other consumer prices; and WHEREAS, the cost of health insurance, as administered by the State Health Benefit Plan, has increased at an annual rate of approximately 20 percent for the past two years; and WHEREAS, the projected claims cost of the plan for the 1982 fiscal year is $112 million, representing yet another 20 percent increase; and

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WHEREAS, the State Health Benefit Plan experience for the 1980 fiscal year indicated a considerable overutilization of services, with 17 percent of the enrolled employees receiving 81 percent of the benefit dollars; and WHEREAS, as a result of inflation, the state, in its role as employer, has paid an increasingly higher percentage of the cost of the State Health Benefit Plan while the percentage of the cost of the plan covered by employee contributions has decreased; and WHEREAS, the State of Georgia, in its role as employer, and state employees have a mutual interest in the containment of skyrocketing health care costs. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that it is hereby recommended by this body that funding of the State Health Benefit Plan be revised to reflect an equitable allocation of the cost of said plan; that this body urges the Governor and the State Personnel Board to establish the allocation of the cost of said plan for the fiscal year 1982 at approximately 80 percent to be borne by the state and approximately 20 percent to be borne by the employees of the state; and that a gradual increase in employee contributions be implemented so that the allocation of the cost of said plan, at the earliest time possible without imposing any undue economic hardship on the employees of the state, shall be established at approximately 75 percent to be borne by the state and approximately 25 percent to be borne by the employees of the state. BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY that it is hereby recommended by this body that the administrators of the State Health Benefit Plan adopt a comprehensive health insurance plan as soon as possible and that said comprehensive plan implement coinsurance payment under a single plan for the purposes of cost reduction, simplifying understanding of coverage, and increasing the employees' understanding of the payment of claims. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this resolution to the Governor; the chairman, Appropriations Committee of the House of Representatives; the chairman, Appropriations Committee of the Senate; the commissioner, State Merit System of Personnel Administration. Approved April 14, 1982.

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1975 RESOLUTION URGING SEVERER SENTENCES RECONFIRMED. No. 107 (House Resolution No. 589). A RESOLUTION To reconfirm House Resolution 161 from the 1975 regular session of the General Assembly of Georgia; and for other purposes. WHEREAS, during the 1975 regular session the General Assembly of Georgia adopted House Resolution 161, which urged the trial judges of this state to give severer penalties to persons convicted of committing serious crimes and which reads in part as follows: WHEREAS, members of the General Assembly have heard many complaints from their constituents that criminals are not being punished severely enough to discourage them from committing additional crimes; and WHEREAS, many of these complaints appear to be completely justified; and WHEREAS, the laws of this State allow severe penalties to be given to persons convicted of serious crimes; and WHEREAS, these laws should be used by trial judges to keep dangerous people confined when they have been convicted of a serious crime and are known to be dangerous. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the trial judges of this State, as well as district attorneys and other prosecuting attorneys, are hereby urged to use their powers under the laws of this State to see that persons who are convicted of serious crimes and are known to be dangerous are given severe penalties so that the punishment is in keeping with the crime committed.; and

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WHEREAS, the members of the General Assembly continue to be alarmed at the rising tide of crime in this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby reconfirm the views expressed in House Resolution 161 from the 1975 regular session of the General Assembly. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to each judge of the superior courts and to each district attorney in this state. Approved April 14, 1982. MINERAL LEASE TO UNION CAMP CORPORATION. No. 110 (House Resolution No. 619). A RESOLUTION Authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to Union Camp Corporation, a Virginia corporation authorized to do business in Georgia, its successors and assigns, a mineral lease pertaining to certain property owned or claimed by the state, situate in the Savannah River, Chatham County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, Union Camp Corporation, its successors and assigns, currently has a mineral lease granted to them by the State of Georgia, acting by and through the State Properties Commission, that expires November 30, 1982, situate in the Savannah River, Chatham County, Georgia; and WHEREAS, Union Camp Corporation desires said mineral lease in order to utilize materials obtained in the mineral lease area to

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repair any dike or other facilities, if necessary, in their aeration lagoon on Hutchinson Island and for other purposes; and WHEREAS, the property is all that area lying and being in the County of Chatham, Georgia, being more particularly described as: Those areas adjacent to Union Camp Corporation's mainland and Hutchinson Island properties in the Savannah and Back Rivers, Chatham County, Georgia, between a point lying 10 feet horizontal distance riverward from the mean low water line to a depth of (a) not more than 40 feet below mean low water in the Savannah River; (b) not more than 35 feet below mean low water in the Back River. And also, those areas in the Savannah River (c) between 35 feet and 40 feet below mean low water lying between River Mile 16.205 and River Mile 17.612; and (d) below said 40-foot designation between River Mile 16.746 and 17.612 for the purposes of installation or maintenance of pipelines and cable crossings. Excluding, however, the area 10 feet horizontal distance riverward from the mean low water line between River Mile 17.038 and River Mile 17.612 adjacent to the southerly shoreline of the Savannah River, provided, however, all area within the aforesaid bounds and lying within 500 feet of any dams or bridges shall be specifically excluded therefrom, and provided further, that the lessee shall have absolutely no claim or control over the removal of any materials within the aforesaid bounds around private or public docks or around business installations when said removal is for navigational purposes or for the operation of said business installations, except as such involves the removal of materials around lessee's docks or business installations. Said Union Camp Corporation mainland properties are located between River Mile 16.470 and River Mile 17.038; and said Hutchinson Island properties are located between River Mile 16.205 and River Mile 17.612 fronting on the Savannah River and extending to Back River, the extremities of said Hutchinson Island properties being represented by lines drawn perpendicular from said River Mile Stations in a northeasterly direction therefrom. Said River Mile stations are those of the U. S. Army Corps of Engineers measured from 0-0 Mile Station at Fort Pulaski at the mouth of the Savannah River.; and

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WHEREAS, the Georgia Department of Natural Resources, in association with the State Properties Commission, will review the mineral lease desired by Union Camp Corporation, its successors and assigns, and, upon a determination that all proposed operations comply with the standards as set forth in the laws, rules, and regulations administered by the Department of Natural Resources, will issue any and all permits and other approvals that may be necessary to conduct dredging operations in the location of the proposed mineral lease; and WHEREAS, the grant of such mineral lease by the General Assembly of Georgia would be in the public interest, and the State of Georgia is willing to grant and convey a mineral lease and convey certain river bottom material in consideration of the monetary sum specified herein and for the further consideration of the mineral lease containing such terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described property and that in all matters relating to the conveyance of a mineral lease in such property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the State Properties Commission is authorized to convey a mineral lease in such property to Union Camp Corporation, its successors and assigns, for a term not to exceed ten years from the date of execution of said document and for a consideration of $1,800.00 annually and upon such other terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. Section 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 14, 1982. LAND CONVEYANCE TO ITT RAYONIER, INC. No. 111 (House Resolution No. 624). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Ware County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located within Ware County, Georgia; and WHEREAS, the said real property, now administered by the Georgia Forestry Commission, comprises approximately.133 acre and is more particularly described as follows: All of lot number one (1) of block number two hundred thirty (230) of `Emerson Park', a subdivision in and adjoining Waycross, Ware County, Georgia, as per plat of record in the office of the Clerk of Superior Court of Ware County, block of maps `A', page #4. Said above tract being a part of lot number two hundred fifteen (215) in the eighth (8th) district of Ware County, Georgia.; and WHEREAS, the State of Georgia purchased the property in 1934 from Lott Investment Corporation; and WHEREAS, the Georgia Forestry Commission utilized such property for public purposes as a tower site, now abandoned; and

Page 1332

WHEREAS, ITT Rayonier, Inc., successor to Lott Investment Corporation, is desirous of obtaining all of the said real property; and WHEREAS, ITT Rayonier, Inc., has agreed to convey two acres in Tattnall County to the state at no cost in order that the state might construct a headquarters and tower site to serve the surrounding counties better; and WHEREAS, the above-described property in Ware County 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: Section 1. That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through the State Properties Commission. Section 2. That the above-described real property shall be sold and conveyed by appropriate instrument to ITT Rayonier, Inc., by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $1.00 and upon such further conditions and provisions as directed by the State Properties Commission. Section 3. That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 91-403A (paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated) 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. Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval and in accordance with the provisions hereof.

Page 1333

Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 14, 1982. EASEMENT TO CHATHAM SERVICE CORPORATION. No. 112 (House Resolution No. 668). A RESOLUTION Authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Chatham Service Corporation, a Georgia corporation, its successors and assigns, an irrevocable easement over, under, across, and through certain property owned or claimed by the State of Georgia and located in Savannah, Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, and replacement of berthing, docking, and storage facilities and improvements, including conveyor systems and loading and unloading towers, and for navigational dredging, to be used in connection with the receiving, storage, loading and unloading of various waterborne products, to be built over, under, across, or through such state owned or claimed properties; and for other purposes. WHEREAS, Chatham Service Corporation, a Georgia corporation, has agreed for itself or one of its corporate affiliates to become long-term tenant of Seaboard Coastline Railroad Company of a tract of land on the Savannah River in Savannah, Chatham County, Georgia, on which it proposes to construct and will maintain a receiving, storing, and loading-unloading facility, and in connection with which it intends to receive, store, and dispatch waterborne cargoes, thereby requiring berthing, docking, storage, and loading-unloading facilities and improvements, including breasting dolphins, piers, warehouses, conveyor systems, and loading-unloading towers; and

Page 1334

WHEREAS, a portion of the proposed facilities are to be located adjacent to the said property to be leased by Chatham Service Corporation or one of its corporate affiliates on certain property owned or claimed by the State of Georgia, in Savannah, Chatham County, Georgia; and WHEREAS, Chatham Service Corporation holds U. S. Army Corps of Engineers Permit No. SASOP-FP 074 OYN 004239 and Georgia Department of Natural Resources Water Quality Certification and Air Quality Permit No. 2421-025-8268 to perform such construction and maintain such facilities, and has heretofore on August 15, 1980, acquired a revocable license from the State of Georgia for the same and desires, prior to commencing construction, to have an irrevocable easement; and WHEREAS, except as provided by legislative act, the State of Georgia may grant only a revocable license for the construction and maintenance of such improvements and facilities under, over, through, or across state owned properties, for any term exceeding one year; and WHEREAS, it is deemed as beneficial for the State of Georgia for such facilities to be established, and the State of Georgia is willing to grant and convey an irrevocable easement in consideration of the monetary sum specified herein and for the further consideration of the easement containing such terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that for and in consideration of the premises and the payment into the general treasury of the State of Georgia of the sum of $3,000.00, the State Properties Commission, for and on behalf of the State of Georgia, is hereby authorized to grant to Chatham Service Corporation, a Georgia corporation, its successors and assigns, an irrevocable easement to use, occupy, employ, and enjoy for the purposes of constructing, installing, operating, maintaining, repairing, and replacing berthing, docking, storage, and loading-unloading facilities and improvements, including breasting dolphins, piers, warehouses, conveyor systems, and loading-unloading towers, and all facilities and improvements that shall be reasonably necessary in connection therewith, and of dredging the river bottom for navigational purposes, across, under, over, and through

Page 1335

the bed or bottom of the Savannah River, and the inter-tidal area of the South bank thereof, hereinafter more fully described, subject always to its initial and continuing compliance with all applicable laws pertaining to the subject matter hereof and to the properties affected hereby and subject always to the use and enjoyment by the public of any streams involved herein, the property subject to said easement being more particularly described as follows: ALL that portion of river bottom and inter-tidal land situate, lying and being in the City of Savannah, Chatham County, Georgia, on the South bank of the Savannah River lying between the ordinary high water line or mark of the Savannah River on the South; the Harbor or Pier Line of the Savannah River (as designated by the U. S. Army Corps of Engineers) on the North; the North-South projection of Harbor Line Marker P-105 on the East; and the North-South projection of Harbor Line Marker P-93 on the West. ALL as will more fully appear by reference to that certain plat of said property dated February 11, 1982, entitled Proposed Bulk Handling Facility on Wrecks Channel, Savannah River, Savannah, Georgia, a copy of which is in the files of the Commissioner of the Georgia Department of Natural Resources and to which reference is hereby expressly made. It is recognized that the exact location of the high water line or mark of the Savannah River fluctuates with the tide and may vary from the aforesaid plat; however, it is the intention of the foregoing description to include, during the period for which the easement is granted, all property between said high water line or mark (adjacent to the said lands leased by Chatham Service Corporation, its successors and assigns), wherever its exact location, on the south, and the harbor or pier line of the south bank of the Savannah River, as now established and designated by the U. S. Army Corps of Engineers, on the north. The right to dredge the river bottom within the easement area shall, within the scope of the permits heretofore or hereafter granted by the U. S. Army Corps of Engineers, be for the purpose only of improving navigation, and the easement holder shall not be authorized to utilize materials removed from the river bottom of the Savannah River in construction of said facilities.

Page 1336

The grant of easement hereunder shall be embodied in a written agreement in which the State Properties Commission may insert such other and further conditions as it shall consider to be necessary and proper in the public's trust. BE IT FURTHER RESOLVED that said easement is made only for the purposes aforesaid and shall continue only so long as Chatham Service Corporation, its successors and assigns, continues to maintain and operate the aforesaid facilities and should said facilities be abandoned or the use for the aforesaid purposes discontinued, said easement shall terminate. Approved April 14, 1982. LAND CONVEYANCE TO JAMES E. TIDWELL. No. 113 (House Resolution No. 707). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to Mr. James E. Tidwell; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the City of Adairsville, Bartow County, Georgia; and WHEREAS, said real property is described as follows: All that certain tract or parcel of land containing.63 of one acre more or less situate, lying and being in the City of Adairsville, Georgia, and in Land Lot 168 of the 15th District, 3rd Section, of Bartow County, Georgia, and being more particularly described as Parcel No. 5 shown on Western and Atlantic Railroad Valuation Map No. V2/32 which is filed in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia.;

Page 1337

and WHEREAS, the State of Georgia currently has the above-described property leased to the Louisville and Nashville Railroad Company until December 31, 1994; and WHEREAS, Mr. James E. Tidwell owns property adjoining the above-described real property; and WHEREAS, Mr. James E. Tidwell is desirous of obtaining all of the above-described real property. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission. Section 2. That the conveyance of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, the Louisville and Nashville Railroad Company, conveying its interest in said property to the State of Georgia by appropriate instrument. Section 3. That the above-described real property shall be sold and conveyed by appropriate instrument to Mr. James E. Tidwell by the State of Georgia, acting by and through the State Properties Commission, for a consideration of not less than the fair market value to be determined by the State Properties Commission and upon such further considerations and provisions as directed by the State Properties Commission. Section 4. That for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 91-403A (paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated) 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 State Properties Commission shall constitute an acceptable plat for filing with the Secretary of State.

Page 1338

Section 5. That this resolution shall become effective upon its approval by the Governor and upon its becoming law without his approval and in accordance with the provisions hereof. Section 6. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 14, 1982. JOINT COMMITTEE ON FARM WINERY LAWS. No. 114 (House Resolution No. 715). A RESOLUTION Creating the Joint Committee on Farm Winery Laws; and for other purposes. WHEREAS, there exists a need to continue the study of the possibility of enacting farm winery laws in this state which would have the effect of increasing the share of current Georgia wine sales supplied by in-state farm wineries. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Joint Committee on Farm Winery Laws to be composed of five members of the Senate to be appointed by the Lieutenant Governor and five members of the House of Representatives to be appointed by the Speaker of the House, the chairman to be appointed by the Speaker of the House. BE IT FURTHER RESOLVED that the committee shall be authorized to study and review actions and programs the state might initiate to increase the share of Georgia wine sales supplied by instate farm wineries. Such study may include, but shall not be limited to, the following matters:

Page 1339

(a) The farm wine laws of other states; (b) Current Georgia laws; (c) Effect of tax rates; and (d) Effect of volume limitations. The committee may conduct such meetings at such places, within or without the state, and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than 15 days. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, no later than December 1, 1982, at which time the committee shall stand abolished. Approved April 14, 1982. QUITCLAIM TO BOARD OF COMMISSIONERS OF CHARLTON COUNTY. No. 115 (House Resolution No. 747). A RESOLUTION Releasing and quit-claiming to the board of commissioners of Charlton County certain real property in Charlton County; and for other purposes. WHEREAS, the board of commissioners of Charlton County wishes to obtain title to certain real property in Charlton County; and

Page 1340

WHEREAS, said property was formerly owned by the City of St. George, the charter of which city was repealed in 1924; and WHEREAS, the State of Georgia does not now claim and has not at any time claimed any interest in said real property. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia hereby releases and quit-claims to the board of commissioners of Charlton County any and all right, title, or interest which the state has or may have had in the following described real property: All that tract or parcel of land lying and being in Land Lot Number:246 of the First Land District of Charlton County, Georgia; more particularly described as follows: With reference to that certain plat, entitled: `SURVEY FOR THE CHARLTON COUNTY, COMMISSIONERS,' dated September 11, 1981 by Mr. Sidney L. Gowen; said plat recorded in Plat Book C, page 92 with the Land Records for Charlton County, Georgia; the 41.753 acre, more or less, parcel which is the subject of the aforesaid plat; the aforesaid plat is incorporated herein for description purposes. BE IT FURTHER RESOLVED that this resolution shall not in any way affect, impair, or transfer any interest of the State of Georgia in the bed of the St. Mary's River below the low-water mark or any public rights to navigate, fish in, or otherwise use the St. Mary's River. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this resolution to the board of commissioners of Charlton County. Approved April 14, 1982.

Page 1341

LAND CONVEYANCE TO NEWTON COUNTY. No. 186 (Senate Resolution No. 29). A RESOLUTION Authorizing the conveyance of certain state owned property located in Newton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia Department of Transportation is the owner of approximately three tracts of real property located in Newton County, Georgia; and WHEREAS, said real property consist of all those tracts or parcels of land lying and being in Newton County, Georgia, and being generally described as follows: All that tract or parcel of land lying and being in Town District, Newton County, Georgia, and being Lots Nos. 19, 20 and 21 of the E. F. Callaway subdivision, plat of which is recorded in Newton County, Georgia deed records in Plat Book No. 1, page 59, to which reference is prayed for more particular description. Each of said lots being 100 [UNK] 400 feet and join and make on tract 300 [UNK] 400 feet and bounded as follows: On east by Old Orphan's Home road; north by property of Chester Meadors; west by Howard Piper Estate; and on South by J. L. Speers.; and WHEREAS, in order to accommodate the request of Newton County, the Department of Transportation desires to sell such property to Newton County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: Section 1. That the State of Georgia Department of Transportation is the owner of the above-described property. Section 2. That the Department of Transportation is authorized to convey any or all of the above-desired property, by sale for a consideration not less than the fair market value as established by the

Page 1342

Department of Transportation to Newton County upon such terms and conditions as the Department of Transportation shall in its discretion determine to be in the best interests of the State of Georgia. Section 3. That the Department of Transportation is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. Section 4. That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 16, 1982. SERVICES FOR THE AGED STUDY COMMITTEE. No. 187 (Senate Resolution No. 226). A RESOLUTION Creating the Services for the Aged Study Committee; and for other purposes. WHEREAS, House Resolution 494-1306 of the regular 1980 session of the Georgia General Assembly created a Services for the Aged Study Committee to function during 1980; and WHEREAS, the Services for the Aged Study Committee during 1980 engaged in a number of activities to assess the needs of the elderly and the adequacy of existing programs to meet these needs and prepared a comprehensive report with recommendations for needed action by the state; and

Page 1343

WHEREAS, members of the Services for the Aged Study Committee recognized that the committee work during 1980 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 1980, 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, plans submitted to the committee dealing with coordinated transportation services for the elderly and with a comprehensive state plan for the elderly provide a needed data base upon which can be established a more adequate program for the aged of the state; but implementation of such a program requires continued oversight by the committee; 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.

Page 1344

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Services for the Aged Study Committee to be composed of four members of the Senate to be appointed by the President of the Senate and four members of the House to be appointed by the Speaker of the House. The President of the Senate shall appoint the chairman of the committee, and the Speaker of the House of Representatives 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, to determine the best manner to implement the comprehensive plans submitted to the committee, 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 exercise fully and adequately 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 but shall receive the same for not more than ten days. 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 December 15, 1982, 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 16, 1982.

Page 1345

GEORGIA CORONERS MANUAL. No. 188 (Senate Resolution No. 270). A RESOLUTION Designating the Georgia Coroners Manual as the official operating manual for coroners in the State of Georgia; and for other purposes. WHEREAS, the Georgia Coroners Manual, prepared by the Georgia Police Academy, was written to assist coroners in the investigation of certain deaths as outlined in Chapter 16 of Title 45 of the Official Code of Georgia Annotated; and WHEREAS, this manual presents, clearly and concisely, the procedures and techniques a coroner must perform in meeting the responsibilities of his office; and WHEREAS, this manual is the foremost guide relating to the qualifications, powers, duties, and responsibilities of coroners in the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does designate the Georgia Coroners Manual as the official operating manual for coroners in the State of Georgia. BE IT FURTHER RESOLVED that all coroners in this state are authorized and directed to utilize the Georgia Coroners Manual and to follow the instructions, procedures, and techniques detailed in the manual in the performance of their duties. BE IT FURTHER RESOLVED that the Secretary of the Senate is instructed to forward an appropriate copy of this resolution to each coroner in the State of Georgia. Approved April 16, 1982.

Page 1346

ENVIRONMENTAL FACILITIES STUDY COMMISSION. No. 189 (Senate Resolution No. 346). A RESOLUTION Creating the Environmental Facilities Study Commission; and for other purposes. WHEREAS, the historic policy of federal and state financial aid to local governments in the development of environmental facilities is undergoing drastic change due to reduced federal effort, thereby placing a severe financial burden on local governments in continuing this development; and WHEREAS, the development of environmental facilities to purify and deliver water for consumption, collect and treat waste water for discharge, clean air for emissions, dispose of the wastes society produces, recover resources from the waste or create energy from it, among others, has in recent decades been a major public undertaking in Georgia enjoying the support of all Georgians; and WHEREAS, the continued development of these facilities is essential to the protection and preservation of Georgia's unique environmental resources, the protection of the health and welfare of Georgia's citizens, and for Georgia's continued economic growth and prosperity; and WHEREAS, the State of Georgia is not able to make up the loss of direct cash grants from the federal government to local governments which, in many cases, still must meet federal environmental quality standards; and WHEREAS, there are various means by which states are providing financial assistance to local governments for environmental facility development in lieu of direct cash grants. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created an Environmental Facilities Study Commission to be composed of nine members, including a representative of the Governor, the Director of the Environmental Protection Division of the Department of Natural Resources, a representative of the Georgia Municipal Association, a

Page 1347

representative of the Association County Commissioners of Georgia, two members of the House of Representatives to be appointed by the Speaker, two members of the Senate to be appointed by the Lieutenant Governor, and a representative of the University System of Georgia appointed by the Governor. Staff support for the committee shall be provided by the Office of Planning and Budget and such technical assistance shall be secured as the commission deems necessary. The Environmental Facilities Study Commission shall examine the current and future needs of local governments to develop and improve their environmental facilities; shall explore ways in which the state may identify sources of assistance for local governments, including the use of federal and state grants, general obligation and revenue anticipation debt, loans and loan guarantees, private financing, and other means of assistance; shall investigate the nature and extent of local participation that should be involved; and shall examine the applicability of utilizing existing state agencies, departments, or authorities in meeting the program needs as are identified. The Environmental Facilities Study Commission shall prepare a report with recommendations to the Governor and General Assembly to be presented along with any necessary legislation in January, 1983, during the General Assembly session. The legislative members of the commission shall be entitled to receive the compensation and allowance authorized for legislative members of interim study committees. The other members of the commission who are members of state government shall be reimbursed for their actual expenses incurred in connection with the commission by the respective agency which employs the member. Compensation, allowances, and expenses for the members of the commission shall be limited to five meeting days for the purpose of carrying out the provisions of this resolution. Approved April 16, 1982.

Page 1348

STATE-WIDE FIRE PROTECTION STUDY COMMITTEE EXTENDED, ETC. No. 194 (House Resolution No. 533). A RESOLUTION To amend a resolution creating the State-wide Fire Protection Study Committee, approved April 14, 1981 (Ga. L. 1981, p. 1517), so as to provide that the Director of the Institute of Government of the University of Georgia or his representative may serve as a member of the committee; to extend the date for recommendations by the committee; to change the date on which the committee shall stand abolished; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. A resolution creating the State-wide Fire Protection Study Committee, approved April 14, 1981 (Ga. L. 1981, p. 1517), is amended by striking paragraph (14) of subsection (b) of Section 1 in its entirety and substituting in lieu thereof a new paragraph (14) to read as follows: (14) The Director of the Institute of Government of the University of Georgia or his representative. Section 2. Said resolution 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. The committee shall be charged with the responsibility for having its recommendations for legislation prepared and submitted to the Governor and to the General Assembly on or before July 1, 1983. The committee shall also recommend a plan for improving communications and coordination among the various state agencies and state-wide organizations involved in fire protection and fire prevention services and emergency medical services. Such plan shall be submitted to the involved agencies and organizations on or before July 1, 1983, on which date the committee shall stand abolished.

Page 1349

Section 3. This resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this resolution are repealed. Approved April 16, 1982. QUITCLAIM TO BUTTS COUNTY. No. 196 (House Resolution No. 577). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to convey by quitclaim deed certain state owned real property located within Butts County, Georgia, to Butts County, Georgia; to provide for an effective date; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property within Butts County, Georgia, commonly known as the McIntosh Inn and formerly known as the Indian Springs Hotel and the Varner House property, hereinafter sometimes called said real property; and WHEREAS, said real property which is presently under the custody of the Department of Natural Resources comprises 2.58 acres and is more particularly described as follows: All that certain lot, tract or parcel of land, the same being improved property, lying and being at Indian Springs in Butts County, Georgia, containing 2-1/2 acres, more or less, and well known as the Varner House property, and bounded on the North by lands formerly of W. D. Lamar but now the lands of Jamerson, on the East by lands of Bryan, on the South by Lot No. 17, and on the West by a

Page 1350

Public Road, and being the same real property conveyed to Paul J. Varner by Miss Joe Varner by deed dated October 22, 1927, and recorded on October 24, 1927, in the Public Records of Butts County, Georgia, in Book 7, Page 125, to which said deed and the record thereof reference is made for all purposes. Said real property is further described in a plat prepared by Evans Surveyors Service and labeled `Proposed Acquisition by the State of Georgia, Georgia Department of Natural Resources, 614th District G. M., Indian Springs, Butts County, Georgia, dated June 1974', and certified by Joe V. Evans, Georgia Registered Land Surveyor No. 1103 on the 12th day of June 1974, which plat is on file in the offices of the Department of Natural Resources and the State Properties Commission; and WHEREAS, the commissioner and Board of Natural Resources have determined that said real property is surplus and could serve the general public best in the ownership of Butts County, Georgia; and WHEREAS, the Butts County Historical Society, Inc., a nonprofit corporation, dedicated to the interpretation and preservation of historical sites, is desirous to assume management and restoration of said real property for historic, educational, and related purposes beneficial to the general public; and WHEREAS, Butts County, Georgia, is desirous of leasing said real property to the Butts County Historical Society, Inc., for the above-stated purposes. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described 2.58 acres of real property in Butts County, Georgia, and that in all matters relating to the conveyance of the said real property the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by quitclaim deed to Butts County, Georgia, the hereinabove described real property in fee simple absolute for the monetary consideration of the sum of $1.00, subject to the covenants stated herein.

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Section 3. That in the quitclaim deed conveying the herein-above-described real property Butts County, Georgia, shall covenant to lease said property to the Butts County Historical Society, Inc., for the monetary consideration of the sum of $1.00 so long as said Butts County Historical Society, Inc., restores, maintains, and uses said property for historic, educational, and related purposes, and to provide in said lease that if said Butts County Historical Society, Inc., fails to restore and maintain said property or ceases to use said property for the aforesaid purposes, then said lease shall terminate and all rights, title, and interest in and to said real property shall be vested absolutely and completely in Butts County, Georgia. Section 4. That in the quitclaim deed conveying the hereinabove described real property Butts County, Georgia, shall covenant to use said property only for public purposes, which shall include the leasing of said property to the Butts County Historical Society, Inc., for historic, educational, and related purposes. Section 5. That the above covenants by Butts County, Georgia, shall be covenants running with the land and not limitations upon the estate granted to Butts County, Georgia. Section 6. That the conveyance to Butts County, Georgia, of said real property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission. Section 7. That the State Properties Commission is hereby authorized to do all acts and things necessary and proper to effect such conveyance. Section 8. 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 prepared by Evans Surveyors Service and labeled Proposed Acquisition by the State of Georgia, Department of Natural Resources, 614th District G.M., Indian Springs, Butts County, Georgia, dated June 1974, and certified by Joe V. Evans, Georgia Registered Land Surveyor No. 1103 on the 12th day of June 1974, currently on file with the Department of Natural Resources and the State Properties Commission, shall constitute an acceptable plat for filing with the Secretary of State.

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Section 9. That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Approved April 16, 1982. LAND CONVEYANCE TO AMERICAN HEART ASSOCIATION AUTHORIZED. No. 199 (House Resolution No. 710). A RESOLUTION Requesting that the Georgia Building Authority (Hospital) and the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Resources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, make 2.62 acres of land in DeKalb County, Georgia, available to the American Heart Association, Georgia Affiliate, for the purpose of their constructing and operating thereon an office building and other facilities to house the programs of that organization; to provide an effective date; and for other purposes. WHEREAS, as used in the Whereas clauses of this Resolution the Department of Human Resources shall mean and include in its usage the Board of Human Resources of the State of Georgia; and WHEREAS, said property is under the custody and management of the Department of Human Resources; and WHEREAS, said real property is all that tract or parcel of land lying and being in DeKalb County, Georgia, and being generally described as follows: All that tract of land situate, lying and being in Land Lot 353 of the 18th District of DeKalb County, Georgia, containing 2.62 acres, more or less, and being more particularly described as follows:

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TO FIND THE POINT OF BEGINNING, commence at a point formed by the intersection of the southern right-of-way line of Peeler Road and the western right-of-way line of North Peachtree Road (said North Peachtree Road having a 70-foot wide right-of-way); thence running in a westerly direction along the southern right-of-way line of Peeler Road a distance of 3133.39 feet to a point on the southern right-of-way line of Peeler Road marking the POINT OF BEGINNING; thence running South 01 degree 29 minutes 15 seconds East a distance of 304.73 feet, more or less, to a point; thence running South 88 degrees 55 minutes 45 seconds East a distance of 360.93 feet, more or less, to a point; thence running North 0 degrees 57 minutes 45 seconds West a distance of 334.74 feet to a point on the southern right-of-way line of Peeler Road; thence running in a westerly direction along the southern right-of-way line of Peeler Road a distance of 363.90 feet to a point marking the POINT OF BEGINNING. The above-described land can be depicted on a certain drawing for the Georgia Department of Health (now the Department of Human Resources), labeled `Property Plat' prepared by Jones and Associates, and certified by Robert Hunter Fellers, Georgia Registered Architect No. 853, and dated February, 1966, by extending the southern boundary line of the tract labeled `Kelley' in a westerly direction with the same bearing as shown on said drawing to the western boundary line of the 98.60 acres tract.; and WHEREAS, the property may no longer be useful to or needed by the State of Georgia or the Georgia Building Authority (Hospital) and, therefore, may be declared surplus by the Department of Human Resources. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the Georgia Building Authority (Hospital) and

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the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Resources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, are hereby requested and encouraged and are hereby authorized and empowered by the General Assembly to take appropriate action to make said 2.62 acres of surplus land available to the American Heart Association, Georgia Affiliate, for the purpose of their constructing and operating thereon an office building and other facilities to house the programs of that organization. Section 2. That said appropriate action of which the Georgia Building Authority (Hospital) and the Board of Human Resources and/or the Department of Human Resources are hereby requested, encouraged, authorized and empowered to make shall be under whatever terms and conditions the Georgia Building Authority (Hospital) and the Board of Human Resources and/or the Department of Human Resources may impose and may take the form of a rental, lease, license or deed transaction of either all or a portion of the rights, title and interests which the Georgia Building Authority (Hospital) and the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Resources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, have in and to the said 2.62 acres of surplus land. Provided, however, that the terms and conditions of any transaction authorized by this resolution shall include a consideration not less than the fair rental value or fair market value. Section 3. That said appropriate action referenced above in Section 1 and 2 of this Resolution if taken by the Georgia Building Authority (Hospital) and the Board of Human Resources and/or the Department of Human Resources is hereby declared by the General Assembly to be in the best interest of the public and the taxpayers of Georgia.

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Section 4. That this Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval. Approved April 16, 1982. STATE MUSEUM OF ART OF STATE OF GEORGIA DESIGNATED. No. 200 (House Resolution No. 782). A RESOLUTION Designating the Georgia Museum of Art at the University of Georgia as the State Museum of Art of the State of Georgia; and for other purposes. WHEREAS, the Georgia Museum of Art was established by the gift of Alfred Heber Holbrook of the Eva Underhill Holbrook Collection of American Art to the University of Georgia in 1945; and the committee of education of the board of regents in 1948 reported the establishment of the museum to the board of regents; and WHEREAS, the collections of the museum now include some 5,000 works of art which are a great tresure that is available to all Georgians; and WHEREAS, it is appropriate that the significance of this institution to the State of Georgia and to all Georgians be recognized and declared by the General Assembly. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Museum of Art at the University of Georgia is designated the State Museum of Art of the State of Georgia.

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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this resolution to the director of the museum. Approved April 16, 1982. JAIL AND PRISON OVERCROWDING. Code Section 42-9-60 Enacted. No. 1428 (House Bill No. 1335). AN ACT To provide for a statement of purpose; to provide for the declaration of an emergency with regard to jail and prison overcrowding by the Governor; to provide for the release of certain state prison inmates by the State Board of Pardons and Paroles without regard to time-served requirements; to provide for definitions; to provide for certain reports to the General Assembly; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The General Assembly recognizes that the number of persons convicted of crimes in the State of Georgia and sentenced to serve terms of imprisonment in the state prison system has increased greatly in recent years; that, under the moral requirements of humane treatment for prisoners, there is a limit to the present capacity of penal institutions comprising the prison system of the State of Georgia; that, because of the limited present capacity of the state penal system, there is a resulting crisis in overcrowding of local jail and detention facilities due to the backlog of convicted persons awaiting transfer to the state prison system; that the delay in time required to construct new state prison facilities in order to increase the capacity of the state prison system would cause little present

Page 1357

relief of the crisis of overcrowding which exists in jail and local detention facilities; that there is an uncertainty as to future needs for additional capacity in the state prison system if alternatives to incarceration are adequately developed and utilized after the present crisis has passed; that there is an uncertainty as to the necessity for local governments to build additional bed space in jails and local detention facilities at their own expense to alleviate the present overcrowding crisis if the present state capacity may be better utilized to relieve that crisis; and, finally, that the release of state prison inmates not otherwise eligible for release on parole is necessary to alleviate the overcrowded prison system during a declared emergency. It is the purpose of this Act to authorize the Governor and the State Board of Pardons and Paroles to remedy an emergency with regard to the overcrowding of the state prison system. Part 1 Section 2. As used in this Act, the term: (1) Population shall mean the actual number of inmates present in the correctional institutions of the state prison system and shall not include state inmates assigned to county operated correctional institutions. (2) Capacity shall mean the actual bed space in the prison system of the State of Georgia now or in the future, as certified by the commissioner of the Department of Offender Rehabilitation and approved by the director of the Office of Planning and Budget. (3) Dangerous offender means a state prison inmate who is imprisoned for conviction of any one or more of the following crimes as defined by the Criminal Code of Georgia: murder, voluntary manslaughter, kidnapping, armed robbery, rape, aircraft hijacking, aggravated sodomy, aggravated battery, aggravated assault, incest, child molestation, child abuse, or enticing a child for indecent purposes, or any felony punishable under Code Section 79A-811, relating to prohibited acts regarding marijuana and controlled substances. The term `dangerous offender' shall also include an inmate who is incarcerated for a second or subsequent time for the commission of a crime for which the inmate could have been sentenced to life imprisonment.

Page 1358

Section 3. The Governor, upon certification by the commissioner of the Department of Offender Rehabilitation and approval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity for 30 consecutive days, may, within five days of receipt of the commissioner's certification, declare a state of emergency with regard to jail and prison overcrowding. Section 4. Upon the declaration of a state of emergency with regard to the jail and prison overcrowding by the Governor, the State Board of Pardons and Paroles shall select sufficient state prison inmates to reduce the state prison population to 100 percent of its capacity and issue such selected inmates a parole, but no dangerous offender shall be eligible for selection by the State Board of Pardons and Paroles. The selection of state prison inmates to be released under the authority contained herein may be made without regard to limitations placed upon the service of a portion of the prison sentence provided by an Act to create the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved March 18, 1964 (Ga. L. 1964, p. 487). Section 5. It shall be the duty of the Director of the Office of Planning and Budget to prepare an annual report on prison inmates who are paroled pursuant to this Act. Such report shall summarize each such former inmate's behavior since parole and generally evaluate the former inmate's success or lack of success in becoming a law-abiding member of society. The annual report shall be filed with the Clerk of the House and the Secretary of the Senate on or before December 31, with the first such report submitted by December 31 of the first year that prison inmates are paroled pursuant to this Act. A notice of the filing of this report shall be submitted to each member of the General Assembly when the annual report is filed with the Clerk of the House and Secretary of the Senate. Copies of this report shall be made available to members of the General Assembly upon their request. The State Board of Pardons and Paroles, the Department of Offender Rehabilitation, and other departments and agencies of the state government shall cooperate with and assist the Director of the Office of Planning and Budget in developing the information necessary to prepare the annual reports required by this section.

Page 1359

Part 2 Section 6. Article 3 of Title 42 of the Official Code of Georgia Annotated, relating to granting of pardons, paroles, and other relief by the State Board of Pardons and Paroles, is amended by adding at the end thereof a new Code Section 42-9-60 to read as follows: 42-9-60. (a) As used in this Code section, the term: (1) `Capacity' shall mean the actual bed space in the prison system of the State of Georgia now or in the future, as certified by the commissioner of the Department of Offender Rehabilitation and approved by the director of the Office of Planning and Budget. (2) `Dangerous offender' means a state prison inmate who is imprisoned for conviction of any one or more of the following crimes as defined by the Criminal Code of Georgia: murder, voluntary manslaughter, kidnaping, armed robbery, rape, aircraft hijacking, aggravated sodomy, aggravated battery, aggravated assault, incest, child molestation, child abuse, or enticing a child for indecent purposes, or any felony punishable under Code Section 16-13-31, relating to prohibited acts regarding marijuana, cocaine, and illegal drugs. The term `dangerous offender' shall also include an inmate who is incarcerated for a second or subsequent time for the commission of a crime for which the inmate could have been sentenced to life imprisonment. (3) `Population' shall mean the actual number of inmates present in the correctional institutions of the state prison system and shall not include state inmates assigned to county operated correctional institutions. (b) The Governor, upon certification by the commissioner of the Department of Offender Rehabilitation and approval by the director of the Office of Planning and Budget that the population of the prison system of the State of Georgia has exceeded the capacity for 30 consecutive days, may, within five days of receipt of the commissioner's certification, declare a state of emergency with regard to jail and prison overcrowding. (c) Upon the declaration of a state of emergency with regard to the jail and prison overcrowding by the Governor, the State Board of Pardons and Paroles shall select sufficient state prison inmates to reduce the state prison population to 100 percent of its capacity and

Page 1360

issue such selected inmates a parole, but no dangerous offender shall be eligible for selection by the State Board of Pardons and Paroles. The selection of state prison inmates to be released under the authority contained herein may be made without regard to limitations placed upon the service of a portion of the prison sentence provided by Code Section 42-9-45. (d) It shall be the duty of the director of the Office of Planning and Budget to prepare an annual report on prison inmates who are paroled pursuant to this Code section. Such report shall summarize each such former inmate's behavior since parole and generally evaluate the former inmate's success or lack of success in becoming a law-abiding member of society. The annual report shall be filed with the Clerk of the House and the Secretary of the Senate on or before December 31, with the first such report submitted by December 31 of the first year that prison inmates are paroled pursuant to this Code section. A notice of the filing of this report shall be submitted to each member of the General Assembly when the annual report is filed with the Clerk of the House and the Secretary of the Senate. Copies of this report shall be made available to members of the General Assembly upon their request. The State Board of Pardons and Paroles, the Department of Offender Rehabilitation, and other departments and agencies of the state government shall cooperate with and assist the director of the Office of Planning and Budget in developing the information necessary to prepare the annual reports required by this subsection. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. STATE BOARD OF OFFENDER REHABILITATION RESPONSIBILITY FOR MEDICAL COSTS. Code Section 42-5-2 Amended. No. 1429 (House Bill No. 1336). AN ACT To amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Offender Rehabilitation and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, so as to change the provisions thereof relative to the responsibility for the payment of certain medical costs incurred by certain inmates; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Offender Rehabilitation and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, is amended by adding at the end of subsection (e) of Section 13 the following: It shall be the responsibility of the Department of Offender Rehabilitation to bear the costs of any reasonable and necessary

Page 1362

emergency medical and hospital care which is provided to any inmate after the receipt by the department of the notice provided by subsection (a) of this section who is in the physical custody of any other political subdivision or governmental agency of this state, except a county correctional institution, if the inmate is available and eligible for the transfer of his custody to the Department of Offender Rehabilitation pursuant to this section. The department shall also bear the costs of any reasonable and necessary follow-up medical or hospital care rendered to any such inmate as a result of the initial emergency care and treatment of the inmate. It shall remain the responsibility of the governmental unit having the physical custody of an inmate to bear the costs of such medical and hospital care, if the custody of the inmate has been transferred from the department pursuant to any order of any court within this state. The department shall have the authority to promulgate rules and regulations relative to payment of such medical and hospital costs by the department., so that when so amended, said subsection (e) shall read as follows: (e) It shall be the responsibility of the governmental unit, subdivision or agency having the physical custody of a prisoner to maintain such prisoner, furnishing food, clothing, and any needed medical and hospital attention therefor, defending any habeas corpus or other proceedings instituted by or on behalf of such prisoner, and bearing all expenses relative to any escape and recapture, including the expenses of extradition. It shall be the responsibility of the Department of Offender Rehabilitation to bear the costs of any reasonable and necessary emergency medical and hospital care which is provided to any inmate after the receipt by the department of the notice provided by subsection (a) of this section who is in the physical custody of any other political subdivision or governmental agency of this state, except a county correctional institution, if the inmate is available and eligible for the transfer of his custody to the Department of Offender Rehabilitation pursuant to this section. The department shall also bear the costs of any reasonable and necessary follow-up medical or hospital care rendered to any such inmate as a result of the initial emergency care and treatment of the inmate. It shall remain the responsibility of the governmental unit having the physical custody of an inmate to bear the costs of such medical and hospital care, if the custody of the inmate has been transferred from the department pursuant to any order of any court within this state. The department shall have the authority to promulgate rules and regulations relative to payment of such medical and hospital costs by the department.

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Part 2 Section 2. Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to the responsibilities and obligations of the governmental unit having the custody of prison inmates, is amended by adding at the end thereof the following: It shall be the responsibility of the Department of Offender Rehabilitation to bear the costs of any reasonable and necessary emergency medical and hospital care which is provided to any inmate after the receipt by the department of the notice provided by subsection (a) of Code Section 42-5-50 who is in the physical custody of any other political subdivision or governmental agency of this state, except a county correctional institution, if the inmate is available and eligible for the transfer of his custody to the Department of Offender Rehabilitation pursuant to Code Section 42-5-50. The department shall also bear the costs of any reasonable and necessary follow-up medical or hospital care rendered to any such inmate as a result of the initial emergency care and treatment of the inmate. It shall remain the responsibility of the governmental unit having the physical custody of an inmate to bear the costs of such medical and hospital care, if the custody of the inmate has been transferred from the department pursuant to any order of any court within this state. The department shall have the authority to promulgate rules and regulations relative to payment of such medical and hospital costs by the department., so that when so amended Code Section 42-5-2 shall read as follows: 42-5-2. It shall be the responsibility of the governmental unit, subdivision, or agency having the physical custody of an inmate to maintain the inmate, furnishing him food, clothing, and any needed medical and hospital attention; to defend any habeas corpus or other proceedings instituted by or on behalf of the inmate; and to bear all expenses relative to any escape and recapture, including the expenses of extradition. It shall be the responsibility of the Department of Offender Rehabilitation to bear the costs of any reasonable and necessary emergency medical and hospital care which is provided to any inmate after the receipt by the department of the notice provided by subsection (a) of Code Section 42-5-50 who is in the physical custody of any other political subdivision or governmental agency of this state, except a county correctional institution, if the inmate is available and eligible for the transfer of his custody to the Department

Page 1364

of Offender Rehabilitation pursuant to Code Section 42-5-50. The department shall also bear the costs of any reasonable and necessary follow-up medical or hospital care rendered to any such inmate as a result of the initial emergency care and treatment of the inmate. It shall remain the responsibility of the governmental unit having the physical custody of an inmate to bear the costs of such medical and hospital care, if the custody of the inmate has been transferred from the department pursuant to any order of any court within this state. The department shall have the authority to promulgate rules and regulations relative to payment of such medical and hospital costs by the department. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on April 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982. DEPARTMENT OF OFFENDER REHABILITATION REIMBURSEMENT OF COSTS TO COUNTIES. Code Title 42, Chapter 5 Amended. No. 1430 (House Bill No. 1337). AN ACT To amend Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to provide

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that persons convicted of crimes whose confinement shall be served in institutions under the control of the Department of Offender Rehabilitation shall not remain in confinement in local prison facilities except under certain specified conditions; to change the provisions relative to the delivery of custody of inmates to the Department of Offender Rehabilitation; to change certain of the time limitations relative to the payment of counties for the reimbursement of costs of retaining custody of inmates awaiting assumption of their custody by the Department of Offender Rehabilitation; to provide the necessary 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. Chapter 42-5 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, is amended by striking in its entirety Code Section 42-5-50, relating to the transmission of information on convicted persons to the commissioner of the Department of Offender Rehabilitation and to the assignment and transportation of inmates to the place of detention, and substituting in lieu thereof a new Code Section 42-5-50 to read as follows: 42-5-50. (a) Immediately upon the imposition of a sentence as provided in subsection (b) of Code Section 42-5-51, the clerk of the court shall notify the commissioner of the sentence and shall forthwith dispatch, along with such notice, by mail, a complete history of the convicted person, upon forms provided by the commissioner. The history shall include a certified copy of the indictment, accusation, or both, a certified copy of the sentence, and such other information as the commissioner may require. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service. (b) Except as otherwise provided in subsection (c), within 15 days after the receipt of the information provided for in subsection (a) of this Code section, the commissioner shall assign the convicted person to a correctional institution designated by him in accordance with subsection (b) of Code Section 42-5-51. It shall be the financial

Page 1366

responsibility of the correctional institution to provide for the picking up and transportation, under guard, of the inmate to his assigned place of detention. If the inmate is assigned to a county correctional institution or other county facility, the county shall assume such duty and responsibility. (c) In the event that the attorney for the convicted person shall file a written request with the court setting forth that the presence of the convicted person is required within the county of the conviction, or incarceration, in order to properly prepare and prosecute the appeal of the conviction, the convicted person shall not be transferred to the correctional institution as provided in subsection (b). In such event the convicted person shall remain in the custody of the local jail or lockup until all appeals of the conviction shall be disposed of or until the attorney of record for the convicted person shall file with the trial court an affidavit setting forth that the presence of the convicted person is no longer required within the county in which the conviction occurred, or in which the convicted person is incarcerated, whichever event shall first occur. (d) The department shall not be required to assume the custody of those inmates who have been convicted and sentenced prior to January 1, 1983, and because their conviction is under appeal have not been transferred to the custody of the department, until July 1, 1983. The state shall pay for each such inmate not transferred to the custody of the department the per diem rate specified by subsection (c) of Code Section 42-5-51 for each day the inmate remains in the custody of the county after the department receives the notice provided by subsection (a) on or after January 1, 1983. (e) In the event that the convicted person is free on bond pending the appeal of his conviction, the notice provided for in subsection (a) shall not be transmitted to the commissioner until all appeals of such conviction have been disposed of or until the bond shall be revoked. Section 2. Said chapter is further amended by striking from subsection (c) of Code Section 42-5-51, relating to the reimbursement of the county for incarceration of inmates awaiting transfer to the Department of Offender Rehabilitation, wherever it shall appear, the figure 30 and substituting in lieu thereof the figure 15, by deleting therefrom the phrase , unless the sentence is under appeal,, and by striking therefrom $5.00 and substituting in lieu

Page 1367

thereof $7.50, so that when so amended said subsection (c) of Code Section 42-5-51 shall read as follows: (c) After proper documentation is received from the clerk of the court, the department shall have 15 days to transfer an inmate under sentence to the place of confinement. If the inmate is not transferred within the 15 days, the department will reimburse the county, in a sum not less than $7.50 per day per inmate and in such an amount as may be appropriated for this purpose by the General Assembly, for the cost of the incarceration, commencing 15 days after proper documentation is received by the department from the clerk of the court. The reimbursement provisions of this Code section shall only apply to payment for the incarceration of felony inmates available for transfer to the department, except inmates under death sentence awaiting transfer after their initial trial, and shall not apply to inmates who were incarcerated under the custody of the commissioner 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 3. Said chapter is further amended by deleting in their entirety Code Sections 42-5-54 through 42-5-56, which Code sections read as follows: 42-5-54. Authority is granted to city and county jail officials, sentencing judges, the department, and the wardens and superintendents of all county and state correctional institutions to arrange for the temporary transfer to state or county correctional institutions of persons who have been convicted of crimes but who will likely be involved in lengthy or long-term appeals and thus forced to spend considerable time in jails or lockups which are not equipped to handle long-term inmates. 42-5-55. (a) Except in the circumstances described in subsections (b) and (c) of this Code section, the authority contained in Code Section 42-5-54 shall not be exercised as to any particular convicted person until and unless the person or his attorney or both have requested of the trial judge the desired transfer to a state or county correctional institution pending outcome of the appeal. (b) The authority contained in Code Section 42-5-54 may be exercised when the trial judge certifies in writing to the commissioner that the continued custody in the local jail or lockup of a person who

Page 1368

has been convicted of the offense of murder, rape, kidnapping, or armed robbery constitutes a dangerous condition which the local jail or lockup is not equipped to meet or control. (c) The authority contained in Code Section 42-5-54 may be exercised when the trial judge certifies in writing to the commissioner that the continued custody in the local jail or lockup of a person whose testimony or actions contributed to the conviction of another person held in the same local jail or lockup presents a dangerous situation which the local jail or lockup is not equipped to meet or control. (d) The commissioner may decline to accept any convicted person committed and transferred to his custody under the authority granted in this Code section if there is not adequate space in a state or county correctional institution to maintain the person. 42-5-56. The board is authorized to create and promulgate, in writing, reasonable rules and regulations which shall provide the methods and procedures for carrying out the authorization contained in Code Sections 42-5-54 and 42-5-55. The regulations may also provide for procedures and regulations governing the handling of the convicted persons, including requiring such work as may lawfully be permissible. No transfers under Code Sections 42-5-54 and 42-5-55 of persons convicted of crimes will be permitted until the board has adopted such rules and regulations. Section 4. This Act shall become effective on January 1, 1983. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1982.

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PROBATE COURTS JURISDICTION OVER CONTROVERSIES RELATING TO LEGITIMATE CHILDREN. Code Sections 24-1901, 74-109, 74-110, 15-9-30 Amended. No. 1431 (House Bill No. 48). AN ACT To amend Code Section 24-1901, relating to subject matter jurisdiction of probate courts, as amended, and Code Chapter 74-1, relating to legitimate children, so as to provide for court jurisdiction over certain matters relating to children; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 24-1901, relating to subject matter jurisdiction of probate courts, as amended, is amended by striking paragraph 6 and inserting in its place a new paragraph 6 to read as follows: 6. All controversies as to the right of guardianship, except that the probate court shall not be an appropriate court to take action under Code Section 74-109 or Code Section 74-110. Section 2. Code Chapter 74-1, relating to legitimate children, is amended by striking Code Sections 74-109 and 74-110 and inserting in their place new Code Sections 74-109 and 74-110 to read as follows: 74-109. Cruel treatment by parents.Any person may apply to the appropriate court of the county, alleging the cruel treatment of a child by his father or mother, who shall cite the parent to answer the allegation; and such court may at any time hear evidence, and, in its discretion, appoint a guardian of the person of such child, who shall be entitled to the possession of him.

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74-110. Protection of children being reared under immoral, etc., conditions.Whenever any child under the age of 12 years shall be brought before the appropriate court of the county of such child's residence, upon the sworn allegation of any citizen that such child was found under circumstances of destitution and suffering, or abandonment, exposure, or was begging, or that such child is being reared under immoral, obscene, or indecent influences likely to degrade his moral character and devote him to a vicious life; and it shall appear to such court by competent evidence, including such examination of the child as may be practicable, that by reason of the neglect, habitual drunkenness, lewd, or other vicious habits of the parents or guardians of such child, it is necessary for the protection of such child from suffering, or from degradation, that such parents or guardians shall be deprived of the custody of such child, the court may commit such child to any orphan asylum or other charitable institution established according to law in this State which is willing to receive such child, or appoint a proper guardian therefor, or make such other disposition of him as now is, or may hereafter be, provided by law in cases of disorderly, pauper, or destitute children. Part 2 Section 3. Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to subject matter jurisdiction of probate courts, is amended by striking paragraph (6) and inserting in its place a new paragraph (6) to read as follows: (6) All controversies as to the right of guardianship, except that the probate court shall not be an appropriate court to take action under Code Section 19-7-4;. Part 3 Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. PUNISHMENT FOR CERTAIN CRIMES OF THEFT. Code Sections 26-1812, 16-8-12 Amended. No. 1432 (House Bill No. 73). AN ACT To amend Code Section 26-1812, relating to the punishment for certain crimes of theft, as amended, so as to change the penalty provisions relating to the crimes of theft; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 26-1812, relating to the punishment for certain crimes of theft, as amended, is amended by striking from Code Section 26-1812 the caption, introductory language, and subsection (a) and inserting in lieu thereof the following: Punishment. A person convicted of violation of Sections 26-1802, 26-1803, 26-1805, 26-1806, 26-1807, 26-1808, 26-1815 and 26-1816 shall be punished as for a misdemeanor except: (a) If the property which was the subject of the theft exceeded $500.00 in value, or was an automobile or other motor vehicle, by imprisonment for not less than one and not more than 10 years, or, in the discretion of the trial judge, as for a misdemeanor;.

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Part 2 Section 2. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, is amended by replacing Code Section 16-8-12 with a new Code section to read as follows: 16-8-12. A person convicted of violation of Code Sections 16-8-2 through 16-8-9 shall be punished as for a misdemeanor except: (1) If the property which was the subject of the theft exceeded $500.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; (2) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his duties as such officer or employee, by imprisonment for not less than one nor more than 15 years; (3) If the crime committed was a violation of Code Section 16-8-2 and if the property which was the subject of the theft was a memorial to the dead or any ornamentation, flower, tree, or shrub placed on, adjacent to, or within any enclosure of a memorial to the dead, by imprisonment for not less than one nor more than three years. Nothing in this paragraph shall be construed as to cause action taken by a cemetery, cemetery owner, lessee, trustee, church, religious or fraternal organization, corporation, civic organization, or club legitimately attempting to clean, maintain, care for, upgrade, or beautify a grave, gravesite, tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead to be a criminal act; or (4) (A) The provisions of paragraph (1) of this Code section notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value, by imprisonment for not less than one nor more than 20 years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second offense under this paragraph shall be punished by imprisonment for not less than three years nor more than 20 years, no portion of

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which may be suspended, probated, deferred, or withheld; and any person who is convicted of a third offense under this paragraph shall be punished by imprisonment for not less than ten years nor more than 20 years, no portion of which may be suspended, probated, deferred, or withheld. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. BOARD OF OFFENDER REHABILITATION DETAINERS Code Section 42-6-1 Amended. No. 1433 (House Bill No. 218). AN ACT To amend an Act to comprehensively and exhaustively revise, supersede, and consolidate the laws relating to the Board of Offender

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Rehabilitation and to prisons, public works camps, and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1110), as amended, so as to provide for the placement of detainers of prison inmates having outstanding sentences; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act to comprehensively and exhaustively revise, supersede, and consolidate the laws relating to the Board of Offender Rehabilitation and to prisons, public works camps, and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1110), as amended, is amended by striking Section 33.9, relating to the definition of the word detainer, in its entirety and substituting in lieu thereof a new Section 33.9 to read as follows: Section 33.9. For the purposes of this Act the word `detainer' shall mean a written instrument executed by the prosecuting officer of a court and filed with the Department of Offender Rehabilitation requesting that the Department of Offender Rehabilitation retain custody of an inmate pending delivery of the inmate to the proper authorities to stand trial upon a pending indictment, accusation or information, or to await final disposition of all appeals and other motions which are pending on any outstanding sentence, and to which is attached a copy of the indictment, accusation, information, or conviction which constitutes the basis of the request. The request shall contain a statement that the prosecuting officer desires and intends to bring the inmate to trial upon the pending indictment, accusation, or information, and in the case of an outstanding sentence, that he intends to seek final disposition of all appeals and other motions.

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Part 2 Section 2. Code Section 42-6-1 of the Official Code of Georgia Annotated, relating to definitions pertaining to detainers, is amended by striking paragraph (3) of said Code section in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Detainer' means a written instrument executed by the prosecuting officer of a court and filed with the department requesting that the department retain custody of an inmate pending delivery of the inmate to the proper authorities to stand trial upon a pending indictment or accusation, or to await final disposition of all appeals and other motions which are pending on any outstanding sentence, and to which is attached a copy of the indictment, accusation, or conviction which constitutes the basis of the request. The request shall contain a statement that the prosecuting officer desires and intends to bring the inmate to trial upon the pending indictment or accusation, and in the case of an outstanding sentence, that he intends to seek final disposition of all appeals and other motions. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982.

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THE UNIFORM STANDARDS CODE FOR MOBILE HOMES ACT AMENDED. Code Section 91A-1921 Amended. Code Title 8, Chapter 2 Amended. No. 1434 (House Bill No. 774). AN ACT To amend an Act known as The Uniform Standards Code for Mobile Homes Act, approved February 12, 1973 (Ga. L. 1973, p. 4), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 491) and by an Act approved April 17, 1979 (Ga. L. 1979, p. 1286), so as to change the definition of mobile home; to replace the term mobile home with manufactured home; to eliminate the requirement for certain submissions; to eliminate certain exceptions; to provide for remedies and civil penalties for failure of dealers and manufacturers to obtain a license; to provide for administrative hearings and presentation of views; to amend Code Section 91A-1921, relating to the definition of mobile homes, so as to change the definition of mobile home to manufactured home; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as The Uniform Standards Code for Mobile Homes Act, approved February 12, 1973 (Ga. L. 1973, p. 4), as amended by an Act approved March 21, 1974 (Ga. L. 1974, p. 491) and by an Act approved April 17, 1979 (Ga. L. 1979, p. 1286), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. Short title. This Act shall be known and may be cited as `The Uniform Standards Code for Manufactured Homes Act.' Section 2. Said Act is further amended by striking the terms mobile home and mobile homes wherever the same appear and inserting in lieu thereof the terms manufactured home and manufactured homes, respectively.

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Section 3. Said Act is further 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) `Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of Housing and Urban Development and complies with the standards established under The National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Section 4. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. Remedies. (a) Any dealer or manufacturer who fails to apply for or obtain a license as required by Section 5, or who fails to remit the appropriate license fee as stated in Section 5, shall be subject to a civil penalty not to exceed $100.00 for each day that such violation persists, except that the maximum civil penalty shall not exceed $20,000.00 for any one violation. (b) Any such civil penalty may be imposed by the Commissioner only after notice and hearing as provided for in Section 8 of this Act. The amount of such penalty may be collected by the Commissioner in the same manner that money judgments are now enforced in the superior courts of this state. (c) In addition to any such civil penalty, the Commissioner may bring a civil action to enjoin any violation of Section 5, and it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law. Section 5. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:

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Section 8. Hearings and presentation of views. (a) Any hearing conducted under the provisions of this chapter or of said rules and regulations promulgated hereunder shall be in accordance with the `Georgia Administrative Procedure Act.' (b) The Commissioner shall be authorized to determine by regulation the manner in which he will conduct presentations of views as required during his participation as the Georgia State Administrative Agency pursuant to the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. Section 6. Code Section 91A-1921, relating to the definition of mobile homes, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 91A-1921 to read as follows: 91A-1921. Mobile homes defined. For the purposes of this Chapter, `mobile homes' means manufactured homes and relocatable homes as defined by Section 2 of `The Uniform Standards Code for Manufactured Homes Act.' Those mobile homes which qualify the taxpayer for homestead exemption under Georgia law shall not be considered mobile homes and subject to the provisions of this Chapter. Part 2 Section 7. Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory-built dwelling units, is amended by striking Part 2 of said article in its entirety and inserting in lieu thereof a new Part 2 to read as follows: Part 2 8-2-130. This part shall be known and may be cited as `The Uniform Standards Code for Manufactured Homes Act.' 8-2-131. As used in this part, the term: (1) `Commissioner' means the Georgia Safety Fire Commissioner. (2) `Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body

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feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. 8-2-132. (a) Because of the manner of construction, assembly, and use of manufactured homes and their systems, components, and appliances (including heating, plumbing, and electrical systems), these types of dwellings may, like other finished products having concealed vital parts, present hazards to the health, life, and safety of persons and to the safety of property unless properly manufactured. In the sale of manufactured homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. Accordingly, it is the policy and purpose of this state to provide protection to the public against those possible hazards and, for that purpose, to forbid the manufacture and sale of new manufactured homes which are not so constructed as to provide reasonable safety and protection to their owners and users. (b) The Commissioner is authorized and directed to investigate and examine engineering and construction practices and techniques; the properties of construction materials used in the construction and assembly of manufactured homes; electrical, plumbing, heating, and other systems and appliances used in manufactured homes; fire prevention and protective techniques; and other measures to promote the safety of persons and property and to protect the health of users of manufactured homes. (c) The Commissioner is authorized and empowered to issue and promulgate all rules and procedures which in his judgment are necessary and desirable to make effective the construction standards so established.

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(d) The Commissioner is authorized and empowered to contract or enter into cooperative agreements with any agency, department, or instrumentality of the United States; any agency, board, department, or commission of this state; any county, municipality, or local government of the state, or any combination of same; any public or private corporation, firm, or any persons whatsoever; or any public authority, agency, commission, or institution, as may be necessary to implement his responsibilities under this part, to further the stated policy and purposes thereof, or to participate in the enforcement of manufactured home construction and safety standards which may be promulgated pursuant to the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. 8-2-133. The Commissioner is charged with the administration of this part. He may make, amend, alter, and repeal general rules and regulations of procedure to carry into effect this part, to obtain statistical data concerning manufactured homes, and to prescribe means, methods, and practices to make this part effective. The Commissioner may also make such investigations and inspections as in his judgment are necessary to enforce and administer this part. 8-2-134. No person may manufacture, sell, or offer for sale any manufactured home unless such manufactured home and its components, systems, and appliances have been constructed and assembled in accordance with rules issued by the Commissioner for the purpose of affording reasonable protection to persons and property with respect to the construction, assembly, and sale of such manufactured homes and unless compliance with such rules in shown in the manner required by the Commissioner's rules. 8-2-135. (a) Every manufacturer who manufactures manufactured homes outside the State of Georgia and who sells or offers for sale a manufactured home in Georgia shall apply for and obtain a license. (b) Every manufacturer who manufactures manufactured homes in Georgia shall apply for and obtain a license. (c) Every dealer who sells or offers for sale manufactured homes in Georgia shall apply for and obtain a license. (d) Applications for licenses and renewal licenses shall be obtained from the Commissioner and submitted to him on or before

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January 1 of each year. All applicants shall certify in the application that all construction, electrical, heating, and plumbing standards will be complied with as set forth in this part and in the rules and regulations of the Commissioner. (e) The license and renewal license fee shall be $200.00 per manufacturing plant which manufactures manufactured homes within the State of Georgia; $200.00 per out-of-state manufacturing plant which manufactures manufactured homes for the purpose of offering for sale, or having such homes sold, within the State of Georgia; and $100.00 per dealer location which sells, offers for sale, or transports to sell such homes within the State of Georgia. The license shall be valid from January 1 through December 31 of the year in which it was issued. The fee for delinquent renewal applications received after January 10 of each year shall be double the regular annual renewal fee. (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, 42 U.S.C. Section 5401, et seq., or the regulations issued thereunder, every manufacturer who manufactures manufactured homes in Georgia shall pay to the Commissioner a manufacturing fee of $8.00 for each manufactured home manufactured in Georgia, irrespective of whether the manufactured home is offered for sale in this state. (g) 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, 42 U.S.C. Section 5401, et seq., 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 manufactured home manufacturer in Georgia for each manufactured 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 National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., and the regulations promulgated thereunder. 8-2-136. Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain such records, make such

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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 the manufacturer, distributor, or dealer has acted or is acting in compliance with this part or with the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. 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 that person to inspect appropriate books, papers, records, and documents relevant to determining whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this part or with the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. 8-2-137. (a) Any hearing conducted under the provisions of this chapter or of the rules and regulations promulgated under this part shall be in accordance with Chapter 13 of Title 50 of the Official Code of Georgia Annotated. (b) The Commissioner shall be authorized to determine by regulation the manner in which he will conduct presentations of views as required during his participation as the Georgia State Administrative Agency pursuant to the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. 8-2-138. Dealers are expressly prohibited from altering or modifying any manufactured home certified under this part and under the rules and regulations of the Commissioner, except that alterations, changes, or modifications may be made by dealers certified to make such alterations, changes, or modifications in accordance with rules and regulations promulgated by the Commissioner. 8-2-139. (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 this part. (b) The Commissioner or any of his authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this part, 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 manufactured homes are manufactured.

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(c) The Commissioner or any of his authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this part, are authorized during regular business hours and without advance notice to enter upon and inspect all premises in the State of Georgia in which manufactured homes are being sold. 8-2-140. Any authorized representative of the Commissioner may, upon displaying proper department credentials, stop and inspect any new manufactured home in transit in order to ascertain if the manufactured home complies with this part and the rules and regulations promulgated hereunder, provided that the manufactured home has been manufactured in this state or has been transported into this state for the purpose of sale within this state. 8-2-141. (a) Any dealer or manufacturer who fails to apply for or obtain a license as required by Code Section 8-2-135 or who fails to remit the appropriate license fee as stated in Code Section 8-2-135 shall be subject to a civil penalty not to exceed $100.00 for each day that such violation persists, except that the maximum civil penalty shall not exceed $20,000.00 for any one violation. (b) Any such civil penalty may be imposed by the Commissioner only after notice and hearing as provided for in Code Section 8-2-137. The amount of such penalty may be collected by the Commissioner in the same manner that money judgments are now enforced in the superior courts of this state. (c) In addition to any such civil penalty, the Commissioner may bring a civil action to enjoin any violation of Code Section 8-2-135, and it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law. 8-2-142. If any state or foreign country imposes upon Georgia-domiciled manufactured home manufacturers (or upon their agents or representatives) any taxes, licenses, or other fees in the aggregate, or any fines, penalties, or other material obligations, prohibitions, or restrictions, for the privilege of doing business in that state or country, which costs, obligations, prohibitions, or restrictions are in excess of similar costs, obligations, prohibitions, or restrictions imposed by the State of Georgia upon manufactured home manufacturers (or their agents or representatives) which are domiciled in that state or foreign country and which are doing business or are seeking to do business in the State of Georgia, then so long as that state or

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foreign country continues to impose such costs, obligations, prohibitions, or restrictions upon Georgia-domiciled manufactured home manufacturers (or their agents or representatives), the State of Georgia shall impose upon manufactured home manufacturers (or their agents or representatives) which are domiciled in that state or foreign country and which are doing business or are seeking to do business in Georgia the same costs, obligations, prohibitions, or restrictions which are imposed by that state or foreign country on Georgia-domiciled manufactured home manufacturers (or their agents or representatives) which are doing business or seeking to do business in that state or foreign country. Any tax, license, or other fee or other obligation imposed by any city, county, or other political subdivision or agency of such other state or country on manufactured home manufacturers domiciled in Georgia (or their agents or representatives) shall be deemed to be imposed by such state or country within the meaning of this Code section. 8-2-143. (a) Any person in this state who violates any provision of Section 610 of the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or any regulation or final order issued thereunder, shall be liable to the State of Georgia for a civil penalty not to exceed $1,000.00 for each such violation. Each violation of Section 610 of the aforementioned act or of any regulation or order issued thereunder shall constitute a separate violation with respect to each manufactured 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 $1 million for any related series of violations occurring within one year from the date of the first violation. (b) An individual or a director, officer, or agent of a corporation who knowingly and willfully violates any provision of Section 610 of the National Mobile Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., in a manner which threatens the health or safety of any purchaser shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.00 or be imprisoned for not more than 12 months, or both. Section 8. Code Section 48-5-440 of the Official Code of Georgia Annotated, relating to definitions as used in certain ad valorem taxation, is amended by striking paragraph (2) of said Code section in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:

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(2)`Mobile homes' means manufactured homes and relocatable homes as defined in Part 2 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated. Any mobile home which qualifies the taxpayer for a homestead exemption under the laws of this state shall not be considered a mobile home nor subject to this article. Part 3 Section 9. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. GEORGIA RICO (RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS) ACT AMENDED. Code Title 26 Amended. Code Title 16 Amended. No. 1435 (House Bill No. 813). AN ACT To amend Code Title 26, relating to crimes and offenses, as amended, so as to make racketeering activity a crime which will authorize an investigation warrant; to change certain definitions and

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provide for additional definitions under the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act; to change the provisions related to prohibited activities under the RICO Act; to change the provisions relating to forfeitures under said Act; to provide for reciprocity with other jurisdictions with respect to the RICO Act; to provide for venue, use of prior convictions, and the expedition of actions under the RICO Act; to provide procedures for forfeiture of certain property to the state; to specify when title to certain property vests in the state; to provide circumstances for forfeiture of fair market value of such property; to provide for a RICO lien notice; to provide for effect of notice; to specify powers of investigative agencies; to specify duties and liabilities of trustees; to provide exceptions; to specify the term of the notice; to require alien corporations to file certain information; to provide for costs and attorney's fees; to provide penalties; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. Code Title 26, relating to crimes and offenses, as amended, is amended by striking in its entirety subsection (c) of Code Section 26-3004 and inserting in lieu thereof a new subsection (c) to 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, importation, or sale of marijuana, burglary, prostitution, theft, blackmail, extortion, bribery, gambling, racketeering activity, 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)

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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 and 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. Said Code title is further amended by striking in its entirety Code Section 26-3402 and inserting in lieu thereof a new Code Section 26-3402 to read as follows: 26-3402. Definitions. As used in this chapter: (a) `Racketeering activity' means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following Georgia laws: (1) Code Chapter 79A-8, relating to controlled substances. (2) Code Chapter 79A-7, known as the `Dangerous Drugs Act.' (3) Subsection (j) of Code Section 79A-811, relating to marijuana. (4) Code Chapter 26-11, relating to homicide. (5) Code Chapter 26-13, relating to bodily injury and related offenses. (6) Code Chapter 26-14, relating to arson.

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(7) Code Section 26-1601, relating to burglary. (8) Code Section 26-1701, relating to forgery in the first degree. (9) Code Chapter 26-18, relating to theft. (10) Code Chapter 26-19, relating to robbery. (11) Code Sections 26-2012, 26-2013, 26-2014, 26-2016, and 26-2017, relating to prostitution and pandering. (12) Code Section 26-2101, relating to distributing obscene materials. (13) Code Section 26-2301, relating to bribery. (14) Code Section 26-2313, relating to influencing witnesses. (15) Code Chapter 26-24, relating to perjury and other falsifications. (16) Code Section 26-2510, relating to tampering with evidence. (17) Code Section 26-2703, relating to commercial gambling. (18) Code Section 58-206, relating to distilling or making liquors. (19) An Act known as the `Georgia Firearms and Weapons Act,' approved April 8, 1968 (Ga. L. 1968, p. 983), as amended. (20) An Act to prohibit certain unauthorized transfers and reproductions of recorded material, approved February 27, 1975 (Ga. L. 1975, p. 44), as amended. (21) Any willful violation of an Act known as the `Georgia Securities Act of 1973,' approved April 18, 1973 (Ga. L. 1973, p. 1203), as amended. (22) Code Section 5A-514, relating to distilling, manufacturing, making, or transportation of alcoholic beverages.

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(23) Code Sections 26-1705.1, 26-1705.2, 26-1705.3, and 26-1705.4, relating to the unlawful use of financial transaction cards. (24) Subsection (a) of Section 31 of an Act approved March 3, 1961 (Ga. L. 1961, p. 68, Ga. Code Ann. Section 68-431a), as amended, relating to offenses involving certificates of title for motor vehicles. (25) Subsections (b), (c), and (d) of Section 34 of an Act approved March 3, 1961 (Ga. L. 1961, p. 68, Ga. Code Ann. Section 68-434a), as amended, relating to removed, altered, or unauthorized identification numbers on motor vehicles. (26) Code Section 26-1506, relating to use of an article with an altered identification mark. (27) An Act approved April 9, 1981 (Ga. L. 1981, p. 947), known as the `Georgia Computer Systems Protection Act.' (28) Any conduct defined as `racketeering activity' under 18 U.S.C. 1961 (1)(A), (B), (C), and (D). (b) `Racketeering activity' shall also mean any act or threat involving murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States or any of the several states and which is punishable by imprisonment for more than one year. (c) `Enterprise' means any person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities. (d) `Pattern of racketeering activity' means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this chapter and that the last of such

Page 1390

incidents occurred within four years, excluding any periods of imprisonment, after the commission of a prior act of racketeering activity. (e) `Documentary material' means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into useable form, or other tangible item. (f) `RICO lien notice' means the notice described in Code Section 26-3412. (g) `Investigative agency' means the Department of Law or the office of any district attorney. (h) (1) `Beneficial interest' means either of the following: (A) The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or (B) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person. (2) `Beneficial interest' does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located. (i) `Real property' means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property. (j) (1) `Trustee' means either of the following: (A) Any person who holds legal or record title to real property for which any other person has a beneficial interest; or

Page 1391

(B) Any successor trustee or trustees to any of the foregoing persons. (2) `Trustee' does not include the following: (A) Any person appointed or acting as a personal representative under Title 49, relating to guardian and ward, or under Code Chapter 113-11 or 113-12, relating to the administration of estates; or (B) Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are or are to be issued. (k) `Criminal proceeding' means any criminal proceeding commenced by an investigative agency under any provision of this chapter. (l) `Civil proceeding' means any civil proceeding commenced by an investigative agency under any provision of this chapter. (m) `Alien corporation' means a corporation organized under laws other than the laws of the United States or the laws of any state of the United States. Section 3. Said Code title is further amended by adding at the end of Code Section 26-3403 a new subsection to read as follows: (c) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsections (a) or (b) of this Code section. Section 4. Said Code title is further amended by striking in its entirety paragraph (2) of subsection (d) of Code Section 26-3405 and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Seizure may be effected by a law enforcement officer authorized to enforce the penal laws of this state prior to the filing of the complaint and without a writ of seizure if the seizure is incident to a lawful arrest, search, or inspection and the officer has probable cause to believe the property is subject to forfeiture and will be lost or destroyed if not seized. Within ten days of the date of seizure, such seizure shall be reported by said officer to the district attorney of the

Page 1392

circuit in which the seizure is effected; and the district attorney shall, within a reasonable time after receiving notice of seizure, file a complaint for forfeiture. The complaint shall state, in addition to the information required in paragraph (1) of this subsection (d), the date and place of seizure. Section 5. Said Code title is further amended by adding at the end of Code Section 26-3405 two new subsections to read as follows: (k) In lieu of the provisions of subsections (c) through (e), the state may bring an in personum action for the forfeiture of any property subject to forfeiture under subsection (a) of this Code section. (l) (1) Upon the entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall: (A) In the case of real property or beneficial interest, relate back to the date of filing of the RICO lien notice in the official records of the county where the real property or beneficial trust is located and, if no RICO lien notice is filed, then to the date of the filing of any notice of lis pendens pursuant to an Act providing for the filing of a lis pendens, approved February 21, 1939 (Ga. L. 1939, p. 345), as amended, in the official records of the county where the real property or beneficial interest is located and, if no RICO lien notice or notice of lis pendens is so filed, then to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial interest is located; and (B) In the case of personal property, relate back to the date the personal property was seized by the investigating agency. (2) If property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a RICO lien notice or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the investigative agency may, on behalf of the state, institute an action in the appropriate superior court against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding; and the court shall enter final judgment

Page 1393

against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property, together with investigative costs and attorney's fees incurred by the investigative agency in the action. If a civil proceeding is pending, such action shall be filed only in the court where such civil proceeding is pending. Section 6. Said Code title is further amended by adding at the end of Code Chapter 26-34 six new Code sections to read as follows: 26-3409. Reciprocity with other jurisdictions. (a) Notwithstanding any other provision of law, a valid judgment rendered by a court of a jurisdiction having a law substantially similar to this Code chapter will be recognized and enforced by the courts of this state to the extent that a judgment rendered by a court of this state pursuant to this Code chapter would be enforced in such other jurisdiction. (b) The Attorney General is hereby authorized to enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any jurisdiction having a law substantially similar to this Code chapter so as to further the purposes of this Code chapter. 26-3410. Venue; prior convictions. In any criminal proceeding brought pursuant to this Code chapter, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or personal property is acquired or maintained. 26-3411. Expedition of actions. This state may, in any civil action brought pursuant to this chapter, file with the clerk of the superior court a certificate stating that the case is of special public importance. A copy of that certificate shall be furnished immediately by such clerk to the chief judge or, in his absence, the presiding chief judge of the superior court in which such action is pending; and, upon receipt of such copy, the judge shall immediately designate a judge to hear and determine the action. The judge so designated shall promptly assign such action for hearing, participate in the hearings and determination, and cause the action to be expedited. 26-3412. RICO lien notice. (a) Upon the institution of any civil proceeding, the investigative agency then or at any time during the pendency of the proceeding may file in the official records of any one

Page 1394

or more counties a RICO lien notice. No filing fee or other charge shall be required as a condition for filing the RICO lien notice; and the clerk of the superior court shall, upon the presentation of a RICO lien notice, immediately record it in the official records. (b) The RICO lien notice shall be signed by the Attorney General or his designee or by a district attorney or his designee. The notice shall be in such form as the Attorney General prescribes and shall set forth the following information: (1) The name of the person against whom the civil proceeding has been brought. In its discretion, the investigative agency may also name in the RICO lien notice any other aliases, names, or fictitious names under which the person may be known. In its discretion, the investigative agency may also name in the RICO lien notice any corporation, partnership, or other entity that is either controlled by or entirely owned by the person; (2) If known to the investigative agency, the present residence and business addresses of the person named in the RICO lien notice and of the other names set forth in the RICO lien notice; (3) A reference to the civil proceeding stating that a proceeding under this chapter has been brought against the person named in the RICO lien notice, the name of the county or counties where the proceeding has been brought, and, if known to the investigative agency at the time of filing the RICO lien notice, the case number of the proceeding; (4) A statement that the notice is being filed pursuant to Code Chapter 26-34; and (5) The name and address of the investigative agency filing the RICO lien notice and the name of the individual signing the RICO lien notice. (c) A RICO lien notice shall apply only to one person and, to the extent applicable, any aliases, fictitious names, or other names, including names of corporations, partnerships, or other entities, to the extent permitted in subsection (a). A separate RICO lien notice shall be filed for any other person against whom the investigative agency desires to file a RICO lien notice under this Code section.

Page 1395

(d) The investigative agency shall, as soon as practicable after the filing of each RICO lien notice, furnish to the person named in the notice either a copy of the recorded notice or a copy of the notice with a notation thereon of the county or counties in which the notice has been recorded. The failure of the investigative agency to so furnish a copy of the notice under this subsection shall not invalidate or otherwise affect the notice. (e) The filing of a RICO lien notice creates, from the time of its filing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice: (1) Any real property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and (2) Any beneficial interest situated in the county where the notice is filed then or thereafter owned by the person or under any of the names. (f) The lien shall commence and attach as of the time of filing of the RICO lien notice and shall continue thereafter until expiration, termination, or release pursuant to Code Section 26-3413. The lien created in favor of the state shall be superior and prior to the interest of any other person in the real property or beneficial interest if the interest is acquired subsequent to the filing of the notice. (g) In conjunction with any civil proceeding: (1) The investigative agency may file without prior court order in any county a lis pendens and, in such case, any person acquiring an interest in the subject real property or beneficial interest, if the real property or beneficial interest is acquired subsequent to the filing of lis pendens, shall take the interest subject to the civil proceeding and any subsequent judgment of forfeiture; and (2) If a RICO lien notice has been filed, the investigative agency may name as defendants, in addition to the person named in the notice, any persons acquiring an interest in the real property or beneficial interest subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding in favor of the

Page 1396

state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture. (h) (1) A trustee who acquires actual knowledge that a RICO lien notice or a civil proceeding or criminal proceeding has been filed against any person for whom he holds legal or record title to real property shall immediately furnish to the investigative agency the following: (A) The name and address of the person, as known to the trustee; (B) The name and address, as known to the trustee, of all other persons for whose benefit the trustee holds title to the real property; and (C) If requested by the investigative agency, a copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real property. (2) Any trustee who fails to comply with the provisions of this subsection is guilty of a misdemeanor. (i) Any trustee who conveys title to real property for which a RICO lien notice has been filed at the time of the conveyance in the county where the real property is situated naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust shall be liable to the state for the greater of: (1) The amount of proceeds received directly by the person named in the RICO lien notice as a result of the conveyance; (2) The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the RICO lien notice; or (3) The fair market value of the interest of the person named in the RICO lien notice in the real property so conveyed; however, if the trustee conveys the real property and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or his designee, the trustee's liability shall not exceed the amount of the proceeds so held for so long as the proceeds are held by the trustee.

Page 1397

(j) The filing of a RICO lien notice shall not constitute a lien on the record title to real property as owned by the trustee except to the extent the trustee is named in the RICO lien notice. The investigative agency may bring a civil proceeding in any superior court against the trustee to recover from the trustee the amounts set forth in subsection (i), and the state shall also be entitled to recover investigative costs and attorney's fees incurred by the investigative agency. (k) The filing of a RICO lien notice shall not affect the use to which real property or a beneficial interest owned by the person named in the RICO lien notice may be put or the right of the person to receive any avails, rents, or other proceeds resulting from the use and ownership, but not the sale, of the property until a judgment of forfeiture is entered. (l) (1) The provisions of this Code section shall not apply to any conveyance by a trustee pursuant to a court order unless such court order is entered in an action between the trustee and the beneficiary. (2) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil proceeding, the provisions of this Code section shall not apply to: (A) Any conveyance by a trustee required under the terms of any trust agreement, which trust agreement is a matter of public record prior to the filing of any RICO lien notice; or (B) Any conveyance by a trustee to all of the persons who own a beneficial interest in the trust. (m) All forfeitures or dispositions under this Code section shall be made with due provision for the rights of innocent persons. 26-3413. Term. (a) The term of a RICO lien notice shall be for a period of six years from the date of filing unless a renewal RICO lien notice has been filed by the investigative agency; and, in such case, the term of the renewal RICO lien notice shall be for a period of six years from the date of its filing. The investigative agency shall be entitled to only one renewal of the RICO lien notice.

Page 1398

(b) The investigative agency filing the RICO lien notice may release in whole or in part any RICO lien notice or may release any specific real property or beneficial interest from the RICO lien notice upon such terms and conditions as it may determine. Any release of a RICO lien notice executed by the investigative agency may be filed in the official records of any county. No charge or fee shall be imposed for the filing of any release of a RICO lien notice. (c) If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in the criminal proceeding of the person named in the RICO lien notice or the dismissal of the criminal proceeding shall terminate the RICO lien notice; and, in such case, the filing of the RICO lien notice shall have no effect. In the event the criminal proceeding has been dismissed or the person named in the RICO lien notice has been acquitted in the criminal proceeding, the RICO lien notice shall continue for the duration of the civil proceeding. (d) If no civil proceeding is then pending against the person named in a RICO lien notice, any person named in a RICO lien notice may institute an action against the investigative agency filing the notice in the county where the notice has been filed seeking a release or extinguishment of the notice; and, in such case: (1) The court shall, upon the motion of such person, immediately enter an order setting a date for hearing, which date shall be not less than five nor more than ten days after the suit has been filed; and the order, along with a copy of the complaint, shall be served on the investigative agency within three days after the institution of the suit. At the hearing, the court shall take evidence on the issue of whether any real property or beneficial interest owned by such person is covered by the RICO lien notice or otherwise subject to forfeiture under the Georgia RICO Act; and, if such person shows by the preponderance of the evidence that the RICO lien notice is not applicable to him or that any real property or beneficial interest owned by him is not subject to forfeiture under this chapter, the court shall enter a judgment extinguishing the RICO lien notice or releasing the real property or beneficial interest from the RICO lien notice; (2) The court shall immediately enter its order releasing from the RICO lien notice any specific real property or beneficial

Page 1399

interest if a sale of the real property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest; however, the proceeds resulting from the sale of the real property or beneficial interest shall be deposited into the registry of the court, subject to the further order of the court; and (3) At the hearing set forth in paragraph (1), the court may release from the RICO lien notice any real property or beneficial interest upon the posting by such person of such security as is equal to the value of the real property or beneficial interest owned by such person. (e) In the event a civil proceeding is pending against a person named in a RICO lien notice, the court, upon motion by said person, may grant the relief set forth herein. 26-3414. Alien corporations. (a) Each alien corporation desiring to acquire of record any real property shall have, prior to acquisition, and shall continuously maintain in this state during any year thereafter in which such real property is owned by the alien corporation: (1) A registered office; and (2) A registered agent, which agent may be either: (A) An individual resident in this state whose business office is identical with such registered office; or (B) Another corporation authorized to transact business in this state having a business office identical with such registered office. (b) Each registered agent appointed pursuant to this Code section, on whom process may be served, shall file a statement in writing with the Secretary of State accepting the appointment as registered agent simultaneously with being designated. (c) Each alien corporation shall file with the Secretary of State no earlier than January 1 and no later than July 1 of each year a sworn report on such forms as the Secretary of State shall prescribe setting forth:

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(1) The name of the alien corporation; (2) The street address of the principal office of the alien corporation; (3) The name and street address of each officer and each director of the alien corporation; (4) The name and street address of the registered agent and registered office of the alien corporation; and (5) The signature of the corporate president, vice president, secretary, assistant secretary, or treasurer attesting to the accuracy of the report as of the day immediately preceding filing of this report. (d) The Secretary of State shall collect a filing fee of $15.00 for each such report filed and a fee of $20.00 plus the past year's fee for a late filing. (e) The Secretary of State shall record the status of any alien corporation that fails to comply with the requirements of this Code section. (f) Each alien corporation that fails to file a report as required by subsection (c) or fails to maintain a registered office and a registered agent as required by subsection (a) shall not be entitled to own, purchase, or sell any real property and shall not be entitled to sue or defend in the courts of the state until such requirements have been complied with. (g) The filing of a report by a corporation as required by subsection (c) shall be solely for the purposes of this chapter and, notwithstanding Code Section 22-404 or any other relevant law, shall not be used as a determination of whether the corporation is actually doing business in this state. Part 2 Section 7. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking in its entirety paragraph (1) of subsection (b) of Code Section 16-11-64 and inserting in lieu thereof a new paragraph (1) to read as follows:

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(1) 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, importation or sale of marijuana, burglary, prostitution, theft, blackmail, extortion, bribery, gambling, racketeering activity, or any felony involving alcoholic beverage laws or 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: (A) That a person is committing or has committed any of the crimes enumerated in this paragraph; or (B) That a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this paragraph 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 Code Section 16-11-60, for the surveillance of such person or place, provided the warrant specifies with particularity the device or devices the use of which is to be permitted thereby; 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 8. Said title is further amended by striking in its entirety Code Section 16-14-3 and inserting in lieu thereof a new Code Section 16-14-3 to read as follows: 16-14-3. As used in this chapter, the term: (1) `Enterprise' means any person, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity; or any unchartered union, association, or group of individuals associated in fact

Page 1402

although not a legal entity; and it includes illicit as well as licit enterprises and governmental as well as other entities. (2) `Pattern of racketeering activity' means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents, provided at least one of such incidents occurred after July 1, 1980, and that the last of such incidents occurred within four years, excluding any periods of imprisonment, after the commission of a prior incident of racketeering activity. (3) (A) `Racketeering activity' means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following laws of this state: (i) Article 2 of Chapter 13 of this title, relating to controlled substances; (ii) Article 3 of Chapter 13 of this title, known as the `Dangerous Drugs Act'; (iii) Subsection (j) of Code Section 16-13-30, relating to marijuana; (iv) Article 1 of Chapter 5 of this title, relating to homicide; (v) Article 2 of Chapter 5 of this title, relating to bodily injury and related offenses; (vi) Article 3 of Chapter 7 of this title, relating to arson; (vii) Code Section 16-7-1, relating to burglary; (viii) Code Section 16-9-1, relating to forgery in the first degree; (ix) Article 1 of Chapter 8 of this title, relating to theft;

Page 1403

(x) Article 2 of Chapter 8 of this title, relating to robbery; (xi) Code Sections 16-6-9 through 16-6-12 and 16-6-14, relating to prostitution and pandering; (xii) Code Section 16-12-80, relating to distributing obscene materials; (xiii) Code Section 16-10-2, relating to bribery; (xiv) Code Section 16-10-93, relating to influencing witnesses; (xv) Article 4 of Chapter 9 of this title and Code Sections 16-10-20, 16-10-23, 16-10-91, and 16-10-95, relating to perjury and other falsifications; (xvi) Code Section 16-10-94, relating to tampering with evidence; (xvii) Code Section 16-12-22, relating to commercial gambling; (xviii) Code Section 3-3-27, relating to distilling or making liquors; (xix) Part 2 of Article 4 of Chapter 11 of this title, known as the `Georgia Firearms and Weapons Act'; (xx) Code Section 16-8-60, relating to unauthorized transfers and reproductions of recorded material; (xxi) Code Section 10-5-24, relating to violations of the `Georgia Securities Act of 1973'; (xxii) Code Section 3-3-27, relating to the unlawful distillation, manufacture, and transportation of alcoholic beverages; (xxiii) Code Sections 16-9-31, 16-9-32, 16-9-33, and 16-9-34, relating to the unlawful use of financial transaction cards;

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(xxiv) Code Section 40-3-90, relating to certain felonies involving certificates of title, security interest, or liens concerning motor vehicles; (xxv) Code Section 40-4-21, relating to removal or falsification of identification numbers; (xxvi) Code Section 40-4-22, relating to possession of motor vehicle parts from which the identification has been removed; (xxvii) Code Section 16-9-70, relating to use of an article with an altered identification mark; (xxviii) Article 6 of Chapter 9 of this title, known as the `Georgia Computer Systems Protection Act'; or (xxix) Any conduct defined as `racketeering activity' under 18 U.S.C. 1961 (1)(A), (B), (C), and (D). (B) `Racketeering activity' shall also mean any act or threat involving murder, kidnapping, gambling, arson, robbery, theft, receipt of stolen property, bribery, extortion, obstruction of justice, dealing in narcotic or dangerous drugs, or dealing in securities which is chargeable under the laws of the United States or any of the several states and which is punishable by imprisonment for more than one year. (4) `Documentary material' means any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into useable form, or other tangible item. (5) `RICO lien notice' means the notice described in Code Section 16-14-13. (6) `Investigative agency' means the Department of Law or the office of any district attorney. (7) (A) `Beneficial interest' means either of the following:

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(i) The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or (ii) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person. (B) `Beneficial interest' does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located. (8) `Real property' means any real property situated in this state or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property. (9) (A) `Trustee' means either of the following: (i) Any person who holds legal or record title to real property for which any other person has a beneficial interest; or (ii) Any successor trustee or trustees to any of the foregoing persons. (B) `Trustee' does not include the following: (i) Any person appointed or acting as a personal representative under Title 29, relating to guardian and ward, or under Chapter 6 of Title 53, relating to the administration of estates; or (ii) Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are or are to be issued. (10) `Criminal proceeding' means any criminal proceeding commenced by an investigative agency under any provision of this chapter.

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(11) `Civil proceeding' means any civil proceeding commenced by an investigative agency under any provision of this chapter. (12) `Alien corporation' means a corporation organized under laws other than the laws of the United States or the laws of any state of the United States. Section 9. Said title is further amended by adding at the end of Code Section 16-14-4 a new subsection, to be designated subsection (c), to read as follows: (c) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsections (a) or (b) of this Code section. Section 10. Said title is further amended by striking in its entirety subsection (f) of Code Section 16-14-7 and inserting in lieu thereof a new subsection (f) to read as follows: (f) Seizure may be effected by a law enforcement officer authorized to enforce the penal laws of this state prior to the filing of the complaint and without a writ of seizure if the seizure is incident to a lawful arrest, search, or inspection and the officer has probable cause to believe the property is subject to forfeiture and will be lost or destroyed if not seized. Within ten days of the date of seizure, the seizure shall be reported by the officer to the district attorney of the circuit in which the seizure is effected; and the district attorney shall, within a reasonable time after receiving notice of seizure, file a complaint for forfeiture. The complaint shall state, in addition to the information required in subsection (e) of this Code section, the date and place of seizure. Section 11. Said title is further amended by adding at the end of Code Section 16-14-7 two new subsections, to be designated subsections (m) and (n), to read as follows: (m) In lieu of the provisions of subsections (c) through (g), the state may bring an in personam action for the forfeiture of any property subject to forfeiture under subsection (a) of this Code section.

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(n) (1) Upon the entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall: (A) In the case of real property or beneficial interest, relate back to the date of filing of the RICO lien notice in the official records of the county where the real property or beneficial trust is located and, if no RICO lien notice is filed, then to the date of the filing of any notice of lis pendens under Article 9 of Chapter 14 of Title 44 in the official records of the county where the real property or beneficial interest is located and, if no RICO lien notice or notice of lis pendens is so filed, then to the date of recording of the final judgment of forfeiture in the official records of the county where the real property or beneficial interest is located; and (B) In the case of personal property, relate back to the date the personal property was seized by the investigating agency. (2) If property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a RICO lien notice or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the investigative agency may, on behalf of the state, institute an action in the appropriate superior court against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding; and the court shall enter final judgment against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property, together with investigative costs and attorney's fees incurred by the investigative agency in the action. If a civil proceeding is pending, such action shall be filed only in the court where such civil proceeding is pending. Section 12. Said Code title is further amended by adding at the end of Chapter 14, immediately following Code Section 16-14-9, six new Code sections to read as follows: 16-14-10. (a) Notwithstanding any other provision of law, a valid judgment rendered by a court of a jurisdiction having a law substantially similar to this chapter will be recognized and enforced by the courts of this state to the extent that a judgment rendered by a

Page 1408

court of this state pursuant to this chapter would be enforced in such other jurisdiction. (b) The Attorney General is authorized to enter into reciprocal agreements with the attorney general or chief prosecuting attorney of any jurisdiction having a law substantially similar to this chapter so as to further the purposes of this chapter. 16-14-11. In any criminal proceeding brought pursuant to this chapter, the crime shall be considered to have been committed in any county in which an incident of racketeering occurred or in which an interest or control of an enterprise or real or personal property is acquired or maintained. 16-14-12. This state may, in any civil action brought pursuant to this chapter, file with the clerk of the superior court a certificate stating that the case is of special public importance. A copy of that certificate shall be furnished immediately by such clerk to the chief judge or, in his absence, the presiding chief judge of the superior court in which such action is pending; and, upon receipt of such copy, the judge shall immediately designate a judge to hear and determine the action. The judge so designated shall promptly assign such action for hearing, participate in the hearings and determination, and cause the action to be expedited. 16-14-13. (a) Upon the institution of any civil proceeding, the investigative agency then or at any time during the pendency of the proceeding may file in the official records of any one or more counties a RICO lien notice. No filing fee or other charge shall be required as a condition for filing the RICO lien notice; and the clerk of the superior court shall, upon the presentation of a RICO lien notice, immediately record it in the official records. (b) The RICO lien notice shall be signed by the Attorney General or his designee or by a district attorney or his designee. The notice shall be in such form as the Attorney General prescribes and shall set forth the following information: (1) The name of the person against whom the civil proceeding has been brought. In its discretion, the investigative agency may also name in the RICO lien notice any other aliases, names, or fictitious names under which the person may be known. In its discretion, the investigative agency may also name in the RICO

Page 1409

lien notice any corporation, partnership, or other entity that is either controlled by or entirely owned by the person; (2) If known to the investigative agency, the present residence and business addresses of the person named in the RICO lien notice and of the other names set forth in the RICO lien notice; (3) A reference to the civil proceeding stating that a proceeding under this chapter has been brought against the person named in the RICO lien notice, the name of the county or counties where the proceeding has been brought, and, if known to the investigative agency at the time of filing the RICO lien notice, the case number of the proceeding; (4) A statement that the notice is being filed pursuant to this chapter; and (5) The name and address of the investigative agency filing the RICO lien notice and the name of the individual signing the RICO lien notice. (c) A RICO lien notice shall apply only to one person and, to the extent applicable, any aliases, fictitious names, or other names, including names of corporations, partnerships, or other entities, to the extent permitted in paragraph (1) of subsection (b). A separate RICO lien notice shall be filed for any other person against whom the investigative agency desires to file a RICO lien notice under this Code section. (d) The investigative agency shall, as soon as practicable after the filing of each RICO lien notice, furnish to the person named in the notice either a copy of the recorded notice or a copy of the notice with a notation thereon of the county or counties in which the notice has been recorded. The failure of the investigative agency to so furnish a copy of the notice under this subsection shall not invalidate or otherwise affect the notice. (e) The filing of a RICO lien notice creates, from the time of its filing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice:

Page 1410

(1) Any real property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and (2) Any beneficial interest situated in the county where the notice is filed then or thereafter owned by the person or under any of the names. (f) The lien shall commence and attach as of the time of filing of the RICO lien notice and shall continue thereafter until expiration, termination, or release pursuant to Code Section 16-14-14. The lien created in favor of the state shall be superior and prior to the interest of any other person in the real property or beneficial interest if the interest is acquired subsequent to the filing of the notice. (g) In conjunction with any civil proceedings: (1) The investigative agency may file without prior court order in any county a lis pendens and, in such case, any person acquiring an interest in the subject real property or beneficial interest, if the real property or beneficial interest is acquired subsequent to the filing of lis pendens, shall take the interest subject to the civil proceeding and any subsequent judgment of forfeiture; and (2) If a RICO lien notice has been filed, the investigative agency may name as defendants, in addition to the person named in the notice, any persons acquiring an interest in the real property or beneficial interest subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding in favor of the state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture. (h) (1) A trustee who acquires actual knowledge that a RICO lien notice or a civil proceeding or criminal proceeding has been filed against any person for whom he holds legal or record title to real property shall immediately furnish to the investigative agency the following: (A) The name and address of the person, as known to the trustee;

Page 1411

(B) The name and address, as known to the trustee, of all other persons for whose benefit the trustee holds title to the real property; and (C) If requested by the investigative agency, a copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real property. (2) Any trustee who fails to comply with the provisions of this subsection is guilty of a misdemeanor. (i) Any trustee who conveys title to real property for which a RICO lien notice has been filed at the time of the conveyance in the county where the real property is situated naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust shall be liable to the state for the greater of: (1) The amount of proceeds received directly by the person named in the RICO lien notice as a result of the conveyance; (2) The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the RICO lien notice; or (3) The fair market value of the interest of the person named in the RICO lien notice in the real property so conveyed; however, if the trustee conveys the real property and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or his designee, the trustee's liability shall not exceed the amount of the proceeds so held for so long as the proceeds are held by the trustee. (j) The filing of a RICO lien notice shall not constitute a lien on the record title to real property as owned by the trustee except to the extent the trustee is named in the RICO lien notice. The investigative agency may bring a civil proceeding in any superior court against the trustee to recover from the trustee the amounts set forth in subsection (i), and the state shall also be entitled to recover investigative costs and attorney's fees incurred by the investigative agency. (k) The filing of a RICO lien notice shall not affect the use to which real property or a beneficial interest owned by the person named in the RICO lien notice may be put or the right of the person to

Page 1412

receive any avails, rents, or other proceeds resulting from the use and ownership, but not the sale, of the property until a judgment of forfeiture is entered. (l) (1) The provisions of this Code section shall not apply to any conveyance by a trustee pursuant to a court order unless such court order is entered in an action between the trustee and the beneficiary. (2) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil proceeding, the provisions of this Code section shall not apply to: (A) Any conveyance by a trustee required under the terms of any trust agreement, which trust agreement is a matter of public record prior to the filing of any RICO lien notice; or (B) Any conveyance by a trustee to all of the persons who own a beneficial interest in the trust. (m) All forfeitures or dispositions under this Code section shall be made with due provision for the rights of innocent persons. 16-14-14. (a) The term of a RICO lien notice shall be for a period of six years from the date of filing unless a renewal RICO lien notice has been filed by the investigative agency; and, in such case, the term of the renewal RICO lien notice shall be for a period of six years from the date of its filing. The investigative agency shall be entitled to only one renewal of the RICO lien notice. (b) The investigative agency filing the RICO lien notice may release in whole or in part any RICO lien notice or may release any specific real property or beneficial interest from the RICO lien notice upon such terms and conditions as it may determine. Any release of a RICO lien notice executed by the investigative agency may be filed in the official records of any county. No charge or fee shall be imposed for the filing of any release of a RICO lien notice. (c) If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in the criminal proceeding

Page 1413

of the person named in the RICO lien notice or the dismissal of the criminal proceeding shall terminate the RICO lien notice; and, in such case, the filing of the RICO lien notice shall have no effect. In the event the criminal proceeding has been dismissed or the person named in the RICO lien notice has been acquitted in the criminal proceeding, the RICO lien notice shall continue for the duration of the civil proceeding. (d) If no civil proceeding is then pending against the person named in a RICO lien notice, any person named in a RICO lien notice may institute an action against the investigative agency filing the notice in the county where the notice has been filed seeking a release or extinguishment of the notice; and, in such case: (1) The court shall, upon the motion of such person, immediately enter an order setting a date for hearing, which date shall be not less than five nor more than ten days after the action has been filed; and the order, along with a copy of the complaint, shall be served on the investigative agency within three days after the institution of the action. At the hearing, the court shall take evidence on the issue of whether any real property or beneficial interest owned by such person is covered by the RICO lien notice or otherwise subject to forfeiture under this chapter; and, if such person shows by the preponderance of the evidence that the RICO lien notice is not applicable to him or that any real property or beneficial interest owned by him is not subject to forfeiture under this chapter, the court shall enter a judgment extinguishing the RICO lien notice or releasing the real property or beneficial interest from the RICO lien notice; (2) The court shall immediately enter its order releasing from the RICO lien notice any specific real property or beneficial interest if a sale of the real property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest; however, the proceeds resulting from the sale of the real property or beneficial interest shall be deposited into the registry of the court, subject to the further order of the court; and (3) At the hearing set forth in paragraph (1), the court may release from the RICO lien notice any real property or beneficial interest upon the posting by such person of such security as is equal to the value of the real property or beneficial interest owned by such person.

Page 1414

(e) In the event a civil proceeding is pending against a person named in a RICO lien notice, the court, upon motion by said person, may grant the relief set forth herein. 16-14-15. (a) Each alien corporation desiring to acquire of record any real property shall have, prior to acquisition, and shall continuously maintain in this state during any year thereafter in which such real property is owned by the alien corporation: (1) A registered office; and (2) A registered agent, which agent may be either: (A) An individual resident in this state whose business office is identical with such registered office; or (B) Another corporation authorized to transact business in this state having a business office identical with such registered office. (b) Each registered agent appointed pursuant to this Code section, on whom process may be served, shall file a statement in writing with the Secretary of State accepting the appointment as registered agent simultaneously with being designated. (c) Each alien corporation shall file with the Secretary of State no earlier than January 1 and no later than July 1 of each year a sworn report on such forms as the Secretary of State shall prescribe setting forth: (1) The name of the alien corporation; (2) The street address of the principal office of the alien corporation; (3) The name and street address of each officer and each director of the alien corporation; (4) The name and street address of the registered agent and registered office of the alien corporation; and (5) The signature of the corporate president, vice president, secretary, assistant secretary, or treasurer attesting to the accuracy

Page 1415

of the report as of the day immediately preceding filing of this report. (d) The Secretary of State shall collect a filing fee of $15.00 for each such report filed and a fee of $20.00 plus the past year's fee for a late filing. (e) The Secretary of State shall record the status of any alien corporation that fails to comply with the requirements of this Code section. (f) Each alien corporation that fails to file a report as required by subsection (c) or fails to maintain a registered office and a registered agent as required by subsection (a) shall not be entitled to own, purchase, or sell any real property and shall not be entitled to bring an action or defend in the courts of the state until such requirements have been complied with. (g) The filing of a report by a corporation as required by subsection (c) shall be solely for the purposes of this chapter and, notwithstanding Code Section 14-2-63 or any other relevant law, shall not be used as a determination of whether the corporation is actually doing business in this state. Part 3 Section 13. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

Page 1416

Section 14. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. GEORGIA PHYSICAL THERAPY ACT AMENDED. Code Title 43, Chapter 33 Amended. No. 1436 (House Bill No. 904). AN ACT To amend an Act entitled the Georgia Physical Therapy Act, approved March 27, 1972 (Ga. L. 1972, p. 338), as amended, so as to designate the powers of the board; to provide exceptions to those individuals who must be licensed as physical therapists; to designate the requirements for licensure as a physical therapist assistant; to designate the requirements for licensure for a physical therapist; to provide for the issuance of temporary licenses without examination; to designate when examinations for physical therapists and physical therapist assistants will be given; to provide for disciplinary action and grounds for restoration of licenses; to provide for injunctive power to certain persons; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Georgia Physical Therapy Act, approved March 27, 1972 (Ga. L. 1972, p. 338), as amended, is amended by striking Section 10 of the Act in its entirety and inserting in lieu thereof a new Section 10 to read as follows:

Page 1417

Section 10. Powers and Duties of the Board. In carrying out the provisions of this Act, the Board shall in addition to the other powers conferred upon it under this Act, have the power to: (a) Prepare or approve all examinations or applicants for licenses; (b) Determine the qualifications of and authorize the issuance of licenses to qualified physical therapists and physical therapist assistants; (c) Determine the qualifications for and approve educational programs that prepare physical therapists and physical therapist assistants for the purpose of determining qualifications of applicants for licensure; (d) Investigate alleged or suspected violations of the provisions of this Act or other laws of this State pertaining to physical therapy and any rules and regulations adopted by the Board. For this purpose, any Board member or authorized inspector shall have the power and right to enter and make reasonable inspection of any place where physical therapy is practiced; (e) Conduct all hearings in contested cases according to the Georgia Administrative Procedure Act; (f) Discipline any person licensed hereunder, or refuse to grant, renew or restore a license to any person upon any ground specified in this Act; (g) Adopt a seal, the imprint of which together with the authorized signature of either the Joint-Secretary or other member authorized by the Board shall be effective to evidence its official acts; (h) Establish licensing fees and maintain in the office of the Joint-Secretary a register of all persons holding a license and a record of all inspections made; and (i) Adopt such rules and regulations as shall be reasonably necessary for the enforcement and implementation of the provisions and purposes of this Act and other laws of this State insofar as they relate to physical therapy.

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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. Requirements of Licensure to Practice Physical Therapy; Exemption of Other Licensed Professions and Trades; Others Exempted. No persons shall practice as a physical therapist or as a physical therapist assistant, nor hold himself out as being able to practice as a physical therapist or as a physical therapist assistant, unless he holds a license and otherwise complies with the provisions of this Act and the rules and regulations adopted by the Board. Nothing in this section shall be construed as preventing or restricting the practice, services or activities of: (a) Any person licensed under any other law of this State engaged in professional or trade practices properly conducted under authority of such other licensing laws; or (b) Any person pursuing a course of study leading to a degree or certificate as a physical therapist or as a physical therapist assistant in an entry level educational program approved by the Board, if such person is designated by a title indicating student status, is fulfilling work experiences required for the attainment of the degree or certificate, and is under the supervision of a licensed physical therapist; (c) Any person enrolled in a course of study designed to develop advanced physical therapy skills when the physical therapy activities are required as part of an educational program sponsored by an educational institution approved by the Board, and conducted under the supervision of a physical therapist licensed under this Act. If such person provides physical therapy services outside the scope of the educational program, he shall then be required to be licensed in accordance with this Act; or (d) A physical therapist licensed in another state or country, or employed by the United States Government, conducting a teaching or clinical demonstration in connection with an academic or continuing education program; or (e) Any person employed as a physical therapist or as a physical therapist assistant by the United States Government if such person provides physical therapy services solely under the direction or control of the employing organization. If such person shall engage in

Page 1419

the practice of physical therapy or as a physical therapist assistant outside the course and scope of such employment, he shall then be required to be licensed in accordance with this 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. Requirements for Issuance of License to Practice as a Physical Therapist Assistant. A license to practice as a physical therapist assistant shall be issued to any person who: (a) Is a graduate of an educational program that prepares physical therapist assistants and which is accredited by a recognized accrediting agency and approved by the Board, or, in the case of an applicant who has graduated from a program conducted in a foreign country, has submitted, in a manner prescribed by the Board, credentials approved by the Board, and who has further demonstrated the ability to speak, write and understand the English language; (b) Has satisfactorily passed an examination prepared or approved by the Board; and (c) Is not disqualified to receive a license under the provisions of Section 20 of this Act. Section 4. Said Act is further amended by striking Section 14 of the Act in its entirety and inserting in lieu thereof a new Section 14 to read as follows: Section 14. Requirements for Issuance of License to Practice Physical Therapy. A license to practice physical therapy shall be issued to any person who: (a) Is a graduate of an educational program that prepares physical therapists and which is accredited by a recognized accrediting agency and approved by the Board, or, in the case of an applicant who has graduated from a program conducted in a foreign country, has submitted, in a manner prescribed by the Board, credentials approved by the Board, and who has further demonstrated the ability to speak, write and understand the English language;

Page 1420

(b) Has satisfactorily passed an examination prepared or approved by the Board; and (c) Is not disqualified to receive a license under the provisions of Section 20 of this Act. Section 5. Said Act is further amended by striking subsection (a) of Section 15 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Applies for the first time to practice as a physical therapist or as a physical therapist assistant under Sections 13, 14 or 16 of this Act and meets all other qualifications thereunder. Section 6. Said Act is further amended by striking Section 16 of the Act in its entirety and inserting in lieu thereof a new Section 16 to read as follows: Section 16. Permanent License without Examination. The Board may grant to a person licensed in another state full privileges to engage in equivalent practice authorized by this Act without taking an examination, provided: (a) That such person is properly licensed under the laws of another state; and (b) That the requirements for licensing in such other state are substantially equal to the requirements for a similar license in this State. Section 7. Said Act is further amended by striking Section 17 of the Act in its entirety and inserting in lieu thereof a new Section 17 to read as follows: Section 17. Examinations. The Board shall at least twice each year, examine and determine the competence of applicants to practice as physical therapists or as physical therapist assistants by any method or procedure which the Board deems necessary to test the applicant's qualifications. Section 8. Said Act is further amended by striking Section 20 of the Act in its entirety and inserting in lieu thereof a new Section 20 to read as follows:

Page 1421

Section 20. Disciplinary Sanctions; Grounds; Restoration. (a) The Board shall have authority to refuse to grant or restore a license to an applicant, or to discipline a physical therapist or physical therapist assistant licensed under this Act or any antecedent law upon a finding by the Board that the licensee or applicant has: (1) Implemented a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts, or in the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist; or (2) Become unable to practice physical therapy or as a physical therapist assistant 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 (3) Been convicted of a felony or crime involving moral turpitude in the courts of this State, the United States, or the conviction of an offense in another jurisdiction which, if committed in this State would be deemed a felony. For the purpose of this Act, a `conviction' shall include a finding or verdict of guilty, a plea of guilty or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Georgia Code Sections 27-2727 through 27-2732, relating to first offenders, or any comparable rule or statute; or (4) Knowingly made misleading, deceptive, untrue or fraudulent representations to a patient, consumer or other person or entity in connection with the practice of physical therapy or in any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice physical therapy or as a physical therapist assistant, or made a false or deceptive biennial registration with the Board; or (5) Practiced physical therapy contrary to this Act or to the rules and regulations of the Board; or knowingly aided, assisted, procured, or advised any person to practice physical therapy contrary to this Act or to the rules and regulations of the Board; or knowingly performed any act which in any way aids, assists,

Page 1422

procures, advises, or encourages any unlicensed person to practice physical therapy; or (6) Engaged in any unprofessional, unethical, deceptive or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice; or (7) Failed to report to the Board any act or omission of a licensee or applicant which violates the provisions of this subsection; or (8) Divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient. (b) (1) When the Board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this section, the Board may take any one or more of the following actions: (A) Refuse to grant or restore a license to an applicant; or (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; or (C) Suspend any license for a definite period; or (D) Limit or restrict any license; or (E) Revoke any license; or (F) Condition the penalty, or withhold formal disposition, upon the physical therapist's, physical therapist assistant's, or other person's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the Board.

Page 1423

(2) In addition to or in conjunction with the foregoing actions the Board may make a finding adverse to the licensee or applicant but withhold imposition or judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the Board may impose. (c) In its discretion, the Board may restore and reissue a license issued under this Act or any antecedent law, and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this Act. (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 licensee or applicant which violate the provisions of subsection (a) of this section or any other provision of law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the Board in any proceeding involving a violation of the provisions of subsection (a) of this section or any other law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant shall be immune from civil and criminal liability for so testifying. Section 9. Said Act is further amended by striking Section 21 of the Act in its entirety and inserting in lieu thereof a new Section 21 to read as follows: Section 21. Injunctive Power. The practice of physical therapy is declared to be an activity affecting the public interest and involving the health, safety and welfare of the public. Such practice when engaged in by a person who is not licensed is declared to be a public nuisance, harmful to the public health, safety and welfare. The Board or the district attorney of the circuit where such nuisance exists, or any person or organization having an interest therein, may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunction under this section to allege or prove that there is no adequate remedy at law, or to allege or prove any special injury.

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Part 2 Section 10. Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, is amended by striking Code Section 43-33-10 in its entirety and inserting in lieu thereof a new Code Section 43-33-10 to read as follows: 43-33-10. In carrying out the provisions of this chapter, the board shall in addition to the other powers conferred upon it under this chapter, have the power to: (1) Prepare or approve all examinations or applicants for licenses; (2) Determine the qualifications of and authorize the issuance of licenses to qualified physical therapists and physical therapist assistants; (3) Determine the qualifications for and approve educational programs that prepare physical therapists and physical therapist assistants for the purpose of determining qualifications of applicants for licensure; (4) Investigate alleged or suspected violations of the provisions of this chapter or other laws of this state pertaining to physical therapy and any rules and regulations adopted by the board. For this purpose, any board member or authorized inspector shall have the power and right to enter and make reasonable inspection of any place where physical therapy is practiced; (5) Conduct all hearings in contested cases according to Chapter 13 of Title 50, known as the Georgia Administrative Procedure Act; (6) Discipline any person licensed hereunder, or refuse to grant, renew or restore a license to any person upon any ground specified in this chapter; (7) Adopt a seal, the imprint of which together with the authorized signature of either the joint-secretary or other member authorized by the board shall be effective to evidence its official acts;

Page 1425

(8) Establish licensing fees and maintain in the office of the joint-secretary a register of all persons holding a license and a record of all inspections made; and (9) Adopt such rules and regulations as shall be reasonably necessary for the enforcement and implementation of the provisions and purposes of this chapter and other laws of this state insofar as they relate to physical therapy. Section 11. Said chapter is further amended by striking Code Section 43-33-11 in its entirety and inserting in lieu thereof a new Code Section 43-33-11 to read as follows: 43-33-11. No persons shall practice as a physical therapist or as a physical therapist assistant nor hold himself out as being able to practice as a physical therapist or as a physical therapist assistant unless he holds a license and otherwise complies with the provisions of this chapter and the rules and regulations adopted by the board. Nothing in this Code section shall be construed as preventing or restricting the practice, services or activities of: (1) Any person licensed under any other law of this state engaged in professional or trade practices properly conducted under authority of such other licensing laws; (2) Any person pursuing a course of study leading to a degree or certificate as a physical therapist or as a physical therapist assistant in an entry level educational program approved by the board, if such person is designated by a title indicating student status, is fulfilling work experiences required for the attainment of the degree or certificate, and is under the supervision of a licensed physical therapist; (3) Any person enrolled in a course of study designed to develop advanced physical therapy skills when the physical therapy activities are required as part of an educational program sponsored by an educational institution approved by the board, and conducted under the supervision of a physical therapist licensed under this chapter. If such person provides physical therapy services outside the scope of the educational program, he shall then be required to be licensed in accordance with this chapter;

Page 1426

(4) A physical therapist licensed in another state or country or employed by the United States government conducting a teaching or clinical demonstration in connection with an academic or continuing education program; or (5) Any person employed as a physical therapist or as a physical therapist assistant by the United States government if such person provides physical therapy services solely under the direction or control of the employing organization. If such person shall engage in the practice of physical therapy or as a physical therapist assistant outside the course and scope of such employment, he shall then be required to be licensed in accordance with this chapter. Section 12. Said chapter is further amended by striking Code Section 43-33-12 in its entirety and inserting in lieu thereof a new Code Section 43-33-12 to read as follows: 43-33-12. A license to practice physical therapy shall be issued to any person who: (1) Is a graduate of an educational program that prepares physical therapists and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from a program conducted in a foreign county, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language; (2) Has satisfactorily passed an examination prepared or approved by the board; and (3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18. Section 13. Said chapter is further amended by striking Code Section 43-33-13 in its entirety and inserting in lieu thereof a new Code Section 43-33-13 to read as follows: 43-33-13. A license to practice as a physical therapist assistant shall be issued to any person who:

Page 1427

(1) Is a graduate of an educational program that prepares physical therapist assistants and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from a program conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language; (2) Has satisfactorily passed an examination prepared or approved by the board; and (3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18. Section 14. Said chapter is further amended by striking Code Section 43-33-14 in its entirety and inserting in lieu thereof a new Section 43-33-14 to read as follows: 43-33-14. The board shall at least twice each year examine and determine the competence of applicants to practice as physical therapists or as physical therapist assistants by any method or procedure which the board deems necessary to test the applicant's qualifications. Section 15. Said chapter is further amended by striking Code Section 43-33-15 in its entirety and inserting in lieu thereof a new Code Section 43-33-15 to read as follows: 43-33-15. The board may grant to a person licensed in another state full privileges to engage in equivalent practice authorized by this chapter without taking an examination, provided: (1) That such person is properly licensed under the laws of another state; and (2) That the requirements for licensing in such other state are substantially equal to the requirements for a similar license in this state. Section 16. Said chapter is further amended by striking paragraph (1) of Code Section 43-33-17 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:

Page 1428

(1) Applies for the first time to practice as a physical therapist or as a physical therapist assistant under Code Sections 43-33-11, 43-33-13, or 43-33-15 and meets all other qualifications thereunder. Section 17. Said chapter is further amended by striking Code Section 43-33-18 in its entirety and inserting in lieu thereof a new Code Section 43-33-18 to read as follows: 43-33-18. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant licensed under this chapter or any antecedent law upon a finding by the board that the licensee or applicant has: (1) Implemented a program of physical therapy treatment without consultation with an appropriate licensed practitioner of the healing arts, or in the case of practice as a physical therapist assistant, practiced other than under the supervision and direction of a licensed physical therapist; (2) Become unable to practice physical therapy or as a physical therapist assistant 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; (3) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a `conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute; (4) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a patient, consumer, or other person or entity in connection with the practice of physical therapy or in any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice physical therapy or as a physical

Page 1429

therapist assistant, or made a false or deceptive biennial registration with the board; (5) Practiced physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly aided, assisted, procured, or advised any person to practice physical therapy contrary to this Code section or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to practice physical therapy; (6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing physical therapy practice; (7) Failed to report to the board any act or omission of a licensee or applicant which violates the provisions of this subsection; or (8) Divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient. (b) (1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (A) Refuse to grant or restore a license to an applicant; (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (C) Suspend any license for a definite period; (D) Limit or restrict any license; (E) Revoke any license; or

Page 1430

(F) Condition the penalty or withhold formal disposition, upon the physical therapist's, physical therapist assistant's, or other person's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board. (2) In addition to or in conjunction with the foregoing actions the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (c) In its discretion, the board may restore and reissue a license issued under this chapter or any antecedent law and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this chapter. (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 licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a physical therapist or as a physical therapist assistant shall be immune from civil and criminal liability for so testifying. Section 18. Said chapter is further amended by striking Code Section 43-33-19 in its entirety and inserting in lieu thereof a new Code Section 43-33-19 to read as follows: 43-33-19. The practice of physical therapy is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice when engaged in by a person who is not licensed is declared to be a public nuisance, harmful to the public health, safety, and welfare. The board or the district attorney of the circuit where such nuisance exists, or any person or organization

Page 1431

having an interest therein, may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law, or to allege or prove any special injury. Part 3 Section 19. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 20. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. GEORGIA LAND SALES ACT OF 1982. Code Title 44, Chapter 3 Amended. No. 1437 (House Bill No. 1102). AN ACT To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to regulate the sale and offer to sell of certain subdivided land and practices pertaining thereto; to provide a short title; to provide definitions; to require registration with the Commissioner of Securities;

Page 1432

to provide for exemptions; to provide for denial, suspension, and revocation of registration; to provide for the powers, duties, and responsibilities of the Commissioner of Securities; to provide for inspections, investigations, and subpoenas; to prohibit certain practices; to provide for injunction and prosecution of violations; to provide for criminal penalties; to provide for civil liability; to provide for venue; to provide for hearings; to provide for consent to service; to void waiver of rights; to provide immunity for the Commissioner of Securities; to provide for evidentiary matters; to provide for past actions; 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. Chapter 3 of Title 44 of the Official Code of Georgia, relating to the regulation of specialized land transactions, is amended by striking Article 1 and Article 2 of said chapter in their entirety and inserting in lieu thereof a new Article 1 to read as follows: ARTICLE 1 44-3-1. This article shall be known as the `Georgia Land Sales Act of 1982.' 44-3-2. As used in this article, the term: (1) `Agent' means any person who represents, or acts for or on behalf of, a developer in selling or leasing or offering to sell or lease any lot or lots in a subdivision but shall not include an attorney at law whose representation of another person consists of rendering legal services. (2) `Blanket encumbrance' means: (A) Any deed to secure debt, trust deed, mortgage, mechanic's lien, or any other lien or financial encumbrance, securing or evidencing money debt and affecting subdivided land or affecting more than one lot or parcel of subdivided land; or (B) Any agreement affecting more than one such lot or parcel by which the subdivider holds such subdivided land

Page 1433

under an option, contract to purchase, or trust agreement; provided, however, that taxes and assessments levied by public authority are not deemed to be encumbrances within the meaning of this definition. (3) `Business day' means any calendar day except Sunday or any of the following business holidays: New Year's Day, Lee's birthday, Washington's birthday, Confederate Memorial Day, National Memorial Day, Jefferson Davis's birthday, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (4) `Commissioner' means the Secretary of State of the State of Georgia acting as Commissioner of Securities. (5) `Common promotional plan' means a plan undertaken by a single developer or a group of developers acting in concert to offer lots for sale or lease; where such land is offered for sale by such a developer or group of developers acting in concert and, where such land is contiguous or known, designated, or advertised as a common unit or by a common name, such land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for sale or lease as part of a common promotional plan. (6) `Developer' or `subdivider' means any person who, directly or indirectly, sells or leases, or offers to sell or lease, or advertises for sale or lease any lots in a subdivision. (7) `Disposition' or `dispose of' means any sale, exchange, lease, assignment, award by lottery, or other transaction designed to convey an interest in a subdivision or parcel, lot, or unit thereof, if undertaken for gain or profit. (8) `Offer' means every inducement, solicitation, or attempt to bring about a disposition. (9) `Person' means an individual, firm, company, association, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association or organization, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.

Page 1434

(10) `Purchaser' means a person who acquires an interest in any lot, parcel, or unit in a subdivision. (11) `Sale' means every sale, lease, assignment, award by lottery, solicitation, or offer to do any of the foregoing concerning a subdivision, if undertaken for gain or profit. (12) `Subdivision' or `subdivided land' means: (A) Any contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, parcels, units, or interests; or (B) Any land, whether contiguous or not, which is divided or proposed to be divided into 50 or more lots, parcels, units, or interests which are offered as a part of a common promotional plan. 44-3-3. It shall be unlawful for any person to offer for sale or to sell any subdivided land to any person in this state unless (1) such land is subject to an effective registration statement under this article or (2) such land is exempt under Code Section 44-3-4. (1) The registration statement shall contain the information specified in paragraph (2) of this Code section and shall be accompanied by the documents specified in paragraph (3) of this Code section, except that the Commissioner may by rules and regulations provide that any such information or document need not be included with respect to any subdivided land, where he finds that the inclusion of such information or document is not necessary in the public interest or for the protection of the purchasers by reason of the small amount involved, the limited character of the offering, or the registration and approval of such property under the laws of any other state. (2) Every registration statement filed pursuant to this Code section shall contain the following information: (A) With respect to the subdivider: its name, street address, form of organization, and its telephone number; the state or foreign jurisdiction and date of its organization; a statement of its authorization to do business in this state, if the subdivider is a foreign corporation; the name and address

Page 1435

of its resident agent; the name and address of the person to whom correspondence should be addressed; the name, address, and telephone number of the person or persons who are in charge of the subdivider's sales in this state; and a statement as to where the subdivider's records are located; (B) With respect to the subdivided land: the total acreage in the subdivision as a whole, including land held for future expansion; the number of lots, parcels, or tracts included in the filing; the number of acres in the filing; the size of the smallest parcel to be offered for sale; the county and state in which the land is located; the name of the nearest incorporated town; and the route and distance from the nearest incorporated town to the land; (C) With respect to the title of the subdivided land: the name, address, and telephone number of the record titleholder; the significant terms of any encumbrances, easements, liens, and restrictions; the names and addresses of any securityholders; the total original amount, the balance owing, the terms of payment, the pay-out period, and any release clauses of any indebtedness affecting the title; and a statement of the present merchantability of the title; (D) With respect to any existing or contemplated future improvements: statements of the conditions of drainage control systems, streets, roads, sewerage disposal facilities, sidewalks, electrical services, telephone connections, water supply, gas supply, club houses, golf courses, and other recreational facilities; a statement as to whether any performance bonds or other obligations have been posted with any public authority to assure the completion of any improvements; a statement as to whether the county or city wherein the land lies has agreed to accept maintenance of any improvements other than recreational facilities; a statement as to whether any contracts have been made with any public utility for the installation of any improvements; a statement as to the existence or contemplated future existence of any improvement maintenance charge; and a statement as to whether all improvements promised to purchasers are included in the sales contracts;

Page 1436

(E) The provisions of any zoning ordinances and regulations affecting the subdivided land and each lot or unit thereof; (F) A statement of all existing taxes or assessments affecting the subdivided land; (G) The terms and conditions of sales and a statement as to any sums which purchasers will be required to pay other than the actual purchase price with interest and any taxes or assessments validly imposed by governmental authority; (H) A statement as to whether the subdivision has been approved or disapproved for loans by any lending institutions or agencies; (I) The names of the governmental authorities or private entities which will provide police protection, fire protection, and garbage collection; (J) The name and address of the person who prepared the registration statement; (3) Every registration statement filed under this Code section shall be accompanied by the following documents: (A) A legal description of subdivided land included in the filing; (B) A general map, drawn to scale, showing the total subdivided land area and its relation to the existing streets, roads, waterways, schools, churches, shopping centers, and bus and rail transportation in the immediate vicinity and showing all lands reserved for future expansion, if any; (C) Copies of the conveyances by which the subdivider or owner acquired title to the land, with the copies bearing the public record book and page numbers; (D) Copies of all instruments presently creating liens, mortgages, encumbrances, reservations, or defects upon the use or title of the subdivided land included in the filing;

Page 1437

(E) A copy of the title insurance policy or an attorney's title opinion for the subdivided land, issued within 30 days of the date of submission of the registration statement; (F) Copies of deed restrictions imposed by the seller or subdivider, if any; (G) A copy of the purchase agreement to be employed in the sales program; (H) A copy of the deed to be employed in the sales program; (I) Statements from the appropriate governmental agencies approving the installation of the improvements enumerated in subparagraph (D) of paragraph (2) of Code Section 44-3-3 of this article, including, but not limited to, a statement of approval from the state water quality control board concerning the sewerage disposal facilities and siltation; (J) A statement as to how streets and other public places in the subdivided land are to be maintained; (K) A copy of any contract or franchise with a public utility company, if any; (L) A copy of a plat of the subdivided land approved by the appropriate specified governmental agency and recorded in the appropriate specified public record book and page number; (M) Copies of any performance bonds or agreements with public authorities guaranteeing completion; (N) A copy of the proposed property report containing the information required by paragraph (4) of Code Section 44-3-3 of this article; (O) A phased development schedule for all improvements promised by the subdivider and not completed, showing each type of improvement and the month and year of the start of completion;

Page 1438

(P) A performance bond or similar item meeting the requirements of paragraph (5) of Code Section 44-3-3 of this article; (Q) A statement by the subdivider of any additional and material facts that should be called to the attention of the Commissioner before the registration statement is acted upon; (R) If the state, county, or municipality in which the subdivision is located has a planning and zoning ordinance in effect, a certificate of approval or compliance from the local governing authority stating that the subdivision is in compliance with the applicable ordinance or, if the state, county, or municipality in which the subdivision is located has no planning and zoning ordinance in effect, a certificate of approval from the appropriate area planning and development commission; (S) A consent to service of process pursuant to Code Section 44-3-15 of this article; and (T) A statement of the terms of payment. (4) (A) Every property report filed pursuant to this Code section shall contain the following information: (i) The name and principal address of the subdivider; (ii) The significant terms of any encumbrances, easements, liens, and restrictions, including zoning and other regulations affecting the subdivided land and each lot or unit thereof, and a statement of all existing taxes or assessments which affect the subdivided land; (iii) A statement of the use for which the property is offered; (iv) Information concerning all usual and necessary improvements and all existing or contemplated future improvements which will be made available, including, but not limited to, any improvements depicted

Page 1439

or represented in advertising or otherwise as being available or completed, including streets, water supply, levees, drainage control systems, irrigation systems, sewerage disposal facilities, club houses, golf courses, and other recreational facilities and customary utilities; (v) The estimated costs, dates of completion, and responsibility for construction and maintenance of existing and proposed improvements which are referred to in connection with the offering or disposition of any interest in subdivided land; (vi) Such additional information consistent with this article which the Commissioner in his discretion may require to assure full and fair disclosure to prospective purchasers; (vii) Language, substantially similar to the following, in ten-point type on the top two-thirds of the front cover of the property report: `UNLESS YOU RECEIVED THIS PROPERTY REPORT PRIOR TO OR AT THE TIME YOU ENTER INTO A CONTRACT, YOU MAY VOID THE CONTRACT BY WRITTEN NOTICE TO THE SELLER. IF YOU RECEIVED THE PROPERTY REPORT LESS THAN 48 HOURS PRIOR TO SIGNING A CONTRACT OR AGREEMENT, YOU HAVE UNTIL MIDNIGHT OF THE SEVENTH DAY FOLLOWING THE SIGNING OF SUCH CONTRACT OR AGREEMENT TO REVOKE YOUR CONTRACT BY WRITTEN NOTICE TO THE SELLER.'; (viii) The following language overprinted in light red type over the language required in division (4)(A)(vii) above, in the style used to mark sample documents and in letters one-half inch in size with one-half inch spaces between lines:

Page 1440

`PURCHASER SHOULD READ THIS DOCUMENT BEFORE SIGNING ANYTHING'; (ix) The following legend on the cover page in boldface print or capital type: `THIS LAND HAS BEEN REGISTERED WITH THE SECURITIES COMMISSIONER OF THE STATE OF GEORGIA. THE SECURITIES COMMISSIONER, BY ACCEPTING REGISTRATION, DOES NOT IN ANY WAY ENDORSE OR RECOMMEND THE PURCHASE OF ANY OF THIS LAND.' (B) The Commissioner shall be informed by the subdivider of all material changes with respect to subdivided land then registered for sale under this article and may require that the property report be amended to reflect such material changes in accordance with paragraph (13) of Code Section 44-3-3 end of this article. (C) In the event the subdivider wishes to update the property report, he may do so upon proper application to the Commissioner. (D) When the subdivider consolidates a subsequent registration with an earlier registration, the property report shall be amended in accordance with subparagraph (C) of paragraph (13) of Code Section 44-3-3 of this article. (E) Notwithstanding any other provisions of this article, any property report filed with, certified by, and registered with the Commissioner before November 1, 1982, shall be deemed to have complied with this article and to have been filed properly with, certified by, and registered with the

Page 1441

Commissioner, so long as such property report complied with the requirements of either the laws of the United States or the laws of this state at the time it was originally filed; provided, however, that prior to January 31, 1983, every property report required by this article shall have met the requirements of this article. (F) The property report shall not be used for advertising purposes unless the report is used in its entirety. No portion of the report shall be underscored, italicized, or printed in larger or heavier type than the balance of the report unless specifically approved or required by the Commissioner. (5) No subdivision shall be registered under this Code section until the subdivider first files one of the following items with the Commissioner, which item the Commissioner in his discretion may allow to be reduced from time to time as the improvements being bonded or guaranteed are installed: (A) A performance bond, payable to the Commissioner and issued by an insurance or bonding company authorized to do business in this state and having given consent to have actions brought against it in this state, in such amount as the Commissioner in his discretion may require; (B) A letter of credit from a commercial bank or other financial institution approved by the Commissioner, issued in favor of and payable to the Commissioner in such amount as the Commissioner in his discretion may require; or (C) A financial statement of the subdivider, certified by a certified public accountant, disclosing a net worth equal to at least one and one-half times the proposed development costs of the subdivision, as verified by a contractor or engineer approved by the Commissioner, and the subdivider shall enter into an agreement, approved by the Commissioner, that the said net worth will be maintained until the development is completed or until the Commissioner approves termination of the agreement. (6) Where lots or parcels within a subdivision are subject to a blanket encumbrance, the Commissioner, in his discretion and

Page 1442

in addition to the bond required in paragraph 5 of Code Section 44-3-3 of this article, may require that one of the following conditions be met: (A) Such blanket encumbrance shall contain provisions evidencing the subordination of the lien of the holder or holders of the blanket encumbrance to the rights of those persons purchasing from the subdivider or provisions evidencing that the subdivider is able to secure releases from such blanket encumbrance with respect to the property; or (B) The fee title to the subdivision is placed in trust under an agreement of trust acceptable to the Commissioner until a proper release from each blanket encumbrance, including all taxes, is obtained and title contracted for is delivered to such purchaser. (7) A certificate of registration which has not been revoked or is not suspended shall be renewed annually on the anniversary date of the issuance of the original certificate, upon payment of the required fee. (8) The fee for filing of the initial registration application shall be $250.00. The fee for annual renewal of a certificate of registration shall be $100.00. There shall be no fee charged for amendments to the initial filing. (9) If the Commissioner affirmatively determines upon inquiry and examination that the requirements of this article have been met, he shall issue a certificate of registration registering the subdivided land and shall approve the form of the property report. A registration statement under this Code section becomes effective when the Commissioner so orders. (10) A copy of the instruments executed in connection with the sale of parcels within a subdivision shall be kept available by the subdivider and subject to inspection by the Commissioner. The Commissioner shall be notified of any change affecting the location of the records. (11) When a certificate of registration is granted by the Commissioner, the subdivider shall cause a copy of the property report to be given to each prospective purchaser prior to the

Page 1443

execution of any binding contract or agreement for the sale of any lot or parcel in a subdivision. If such a report is not given at least 48 hours prior to such execution, the purchaser may rescind the contract by written notice to the seller until midnight of the seventh day following the signing of such contract or agreement. A receipt in duplicate shall be taken from each purchaser evidencing compliance with this provision. Any such election by the purchaser to void the contract or agreement must be made within seven days following the signing of such contract or agreement. Receipts taken for any published report shall be kept on file, subject to inspection by the Commissioner, for three years from the date the receipt is taken. If such a report is never given prior to or after the execution of any binding contract or agreement for sale, the purchaser may have rights exercisable under Code Section 44-3-11 of this article in addition to the right of rescission given in this subsection. (12) (A) Every sales contract relating to the purchase of real property in a subdivision shall state clearly the legal description of the parcel being sold, the principal balance of purchase price outstanding at the date of the sales contract after full credit is given for downpayment, and the terms of the sales contract. (B) Every sales contract relating to the purchase of real property in a subdivision shall provide that the purchaser shall receive his warranty deed to the property, together with a copy of any purchase money deed to secure debt or purchase money mortgage, as may be specified in the sales contract, within not more than 180 days from the date of execution of the contract; provided, however, that, in the case of contracts to purchase dwelling units not yet completed, the warranty deed need not be delivered until 180 days after such completion. (13) (A) If any registration statement which has become effective under the former `Out-of-state Land Sales Act,' approved April 12, 1971 (Ga. L. 1971, p. 856), or the former `Georgia Land Sales Act of 1972,' approved March 31, 1972 (Ga. L. 1972, p. 638), as amended, or this article contains a statement of material fact which was untrue on the date such registration statement became effective or if such registration statement fails to state a material fact which, on the date the

Page 1444

registration statement became effective, was necessary to make the statements made in light of the circumstances under which they were made, not misleading, then such registration statement shall be amended by filing with the Commissioner such information and such changes in any property report used in connection with the registration statement as may be necessary to correct such untruth or failure. Such amendment shall be signed by the persons who signed the original registration statement or their successors. Any such amendment shall become effective when the Commissioner so orders. (B) Any property report forming part of a registration statement which has become effective under the former `Out-of-state Land Sales Act,' approved April 12, 1971 (Ga. L. 1971, p. 856), or the former `Georgia Land Sales Act of 1972,' approved March 31, 1972 (Ga. L. 1972, p. 638), as amended, or this article shall be supplemented without amending such registration statement by adding information regarding factual developments which occurred after the effective date of such registration statement, and by deleting statements of fact which, as a result of such developments, may be misleading or immaterial. If no stop order with respect to the registration statement is in effect, the property report, as supplemented, may be used after (i) 3:00 Georgia time in the afternoon of the fifth full business day after the filing of one copy of the property report, as supplemented, with the Commissioner, or (ii) such shorter time as the Commissioner by order may allow. (C) When a subdivider registers additional subdivided land to be offered for sale, he may consolidate the subsequent registration with any earlier registration which offered subdivided land for sale under the same promotional plan, and the property report shall be amended to include the additional subdivided land so registered. 44-3-4. Unless the method of sale is adopted for the purpose of evasion of this article or of the Federal Interstate Land Sales Full Disclosure Act, the provisions of Code Section 44-3-3 of this article shall not apply to offers or dispositions in an interest in land:

Page 1445

(1) By a purchaser of any subdivision, lot, parcel, or unit thereof for his own account in a single or isolated transaction; (2) On which there is a commercial or industrial building, condominium, shopping center, house, or apartment house; or as to which there is a contractual obligation on the part of the subdivider to construct such a building within two years from date of disposition; or the sale or lease of which land is restricted by zoning ordinance, covenant, or other legally enforceable means to commercial or nonresidential purposes; or the sale or lease of which land is pursuant to a plan of development for commercial or nonresidential purposes; (3) As cemetery lots or interests; (4) Where the plan of sale for a subdivision is to dispose of all the interests to ten or fewer persons; (5) Where each lot, parcel, or unit being offered or disposed of in any subdivision is five acres or more in size; (6) To any person who is engaged in the business of the construction of residential, commercial, or industrial buildings for disposition; (7) Where at least 95 percent of the lots or parcels of such subdivision are to be sold or leased only to persons who acquire such lots or parcels for the purpose of engaging in the business of constructing residences; (8) Made pursuant to the order of any court of this state; (9) Made by or to any government or government agency; (10) Made as evidence of indebtedness secured by way of any deed to secure debt, mortgage, or deed of trust of real estate; (11) As securities or units of interest issued by an investment trust regulated under the laws of the State of Georgia; (12) Registered under the provisions of the Federal Interstate Land Sales Full Disclosure Act, provided that the Commissioner has received prior to such offer or disposition:

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(A) A certificate of filing from the secretary of the Department of Housing and Urban Development; (B) A consent to service of process in accordance with Code Section 44-3-15 of this article; (C) A copy of any property report to be used in connection with the offer or disposition; (D) A filing fee of $100.00; (E) Satisfactory compliance with the performance bond provisions of paragraph (5) of Code Section 44-3-3 of this article; and (F) Other such documents or information as the Commissioner, by rule or regulation, may require; (13) Of lots, parcels, or units contained in a recorded subdivision plat, if all of the following conditions exist: (A) Each lot, parcel, or unit is situated on an existing paved and dedicated road or street constructed to the specifications of the board of county commissioners of the county or the governing body of the municipality, which board or governing body has voluntarily agreed to accept such road or street for maintenance and, if a waiting period is required, adequate assurances have been established with the county or municipality; (B) The subdivision has drainage structures and fill necessary to prevent flooding, which structures and fill have been approved by the board of county commissioners of the county or the governing body of the municipality; (C) Electric power is available at or near each lot, parcel, or unit; (D) Domestic water supply and sanitary sewerage disposal meeting the requirements of the applicable governmental authority are available at or near each lot, parcel, or unit;

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(E) The subdivider is at all times prepared to convey title to the purchaser by general warranty deed unencumbered by any mortgages, deeds to secure debt, or other liens; and (F) All promised improvements and amenities are complete. (14) Of lots, parcels, or units contained in a subdivision plat that has been accepted by the board of county commissioners and properly recorded where: (A) Each lot, parcel, or unit is situated on a road dedicated or approved by the board of county commissioners and arrangements acceptable to the Commissioner have been made for the permanent maintenance of such roads; (B) All promised improvements and amenities are complete; (C) The promotional plan of sale is directed only to bona fide residents of this state whose primary residence is or will be located in the county in which the lots are platted of record; (D) The method of sale is by cash or deed and first mortgage or deed to secure debt with all funds escrowed in this state prior to closing. Closing shall occur within 180 days after execution of the contract for purchase, at which time the purchaser shall receive a general warranty deed unencumbered by any mortgages or other liens except the mortgage or deed to secure debt given by the purchaser; and (E) The purchaser has inspected the property to be purchased prior to the execution of the purchase contract and has so certified in writing. (15) (A) The Commissioner shall create by rule a limited offering transaction exemption that will be applicable for the sale of not more than 150 lots, parcels, units, or interest. Except as otherwise provided, any such rule shall require that the Commissioner receive prior to any such sale:

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(i) A notice of intention to sell which has been executed by the applicant which sets forth the information required by the rule; (ii) A filing fee of $50.00; (iii) A consent to service of process in the form prescribed by Code Section 44-3-15 which has been executed by the applicant; and (iv) Such information and proof of financial responsibility as the Commissioner may by rule or regulation require. (B) The Commissioner shall issue to the person who executed the notice of intention to sell a certificate which shall state the compliance or noncompliance with the filing requirements of this Code section. (C) If any sale is to be made pursuant to this exemption more than 12 months after the date on which the Commissioner issues his certificate under this Code section, such rule shall require the applicant to pay a renewal fee of $50.00. The applicant shall be required to comply with this renewal requirement every 12 months so long as the offering shall continue in this state. Upon any renewal, the Commissioner shall issue a certificate which shall be signed and sealed by him and which shall state the compliance or noncompliance with the renewal requirements of this Code section. (16) Where no representations, promises, or agreements are made that any improvements or amenities will be provided in the property by the subdivider but rather that any improvements or amenities will be furnished by the purchaser. 44-3-5. (a) The Commissioner may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration and shall give notice of such issuance pursuant to Code Section 44-3-13 of this article, if he finds that the order is in the public interest and that: (1) The registration statement as of its effective date, or as of any earlier date in the case of an order denying effectiveness,

Page 1449

contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading; (2) Any property report used or to be used in connection with the offering contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading; (3) Any provision of this article or any rule, order, or condition lawfully imposed under this article has been willfully violated in connection with the offering by (A) the person filing the registration statement, or (B) the subdivider; any partner, executive officer, or director of the subdivider; or any person occupying a similar status or performing similar functions, but only if the person filing the registration statement is directly or indirectly controlled by or acting for the subdivider; (4) The offering has worked or tended to work a fraud upon purchasers or would so operate; or (5) The developer or his agents, while engaging in the offer to sell or the sale of subdivided land within or from this state, have willfully failed to obtain real estate licenses if required by applicable statutes. (b) The Commissioner may by order summarily postpone or suspend the effectiveness of the registration statement pending final determination of any proceeding under this Code section. Upon entry of the order, the Commissioner shall promptly notify, by telephone or telegraph, the subdivider that the order has been entered, of the reasons therefor, and that, within 15 days after the receipt of a written request, the matter will be set down for hearing. If no hearing is requested and none is ordered by the Commissioner, the order will remain in effect until it is modified or vacated by the Commissioner. If a hearing is requested or ordered, the Commissioner, after notice of an opportunity for hearing to the subdivider, may modify or vacate the order or extend it until final determination. (c) No stop order issued under any part of this Code section, except the first sentence of subsection (b) of this Code section, shall become effective until and unless the Commissioner has complied with the provisions of Code Section 44-3-13 of this article.

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(d) The Commissioner may vacate or modify a stop order if he finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so. 44-3-6. (a) The administration of the provisions of this article shall be vested in the Secretary of State acting as Commissioner of Securities. (b) The Commissioner shall have the authority to administer oaths in and to prescribe forms for all matters arising under this article. The Commissioner shall cooperate with the administrators of the land sales laws of other states and of the United States with a view to assisting those administrators in the enforcement of their land sales laws and to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws. (c) The Commissioner shall have authority to employ examiners, clerks, stenographers, and other employees as the administration of that portion of this article vested in him may require. The Commissioner shall also have authority to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this article has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants. (d) The Commissioner shall have the power to make such rules and regulations from time to time as he may deem necessary and proper for the enforcement of this article. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50. (e) The Commissioner or any person employed by him shall be paid in addition to his regular compensation the transportation fare, board, lodging, and other traveling expenses necessary and actually incurred by each of them in the performance of his duties under this article. (f) The Commissioner shall delegate such of his powers and duties under this article to the assistant commissioner of securities as he desires.

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(g) The Commissioner is authorized to participate in the program of Certification of Substantially Equivalent State Law pursuant to the Federal Interstate Land Sale Full Disclosure Act if he deems participation to be in the public interest of the State of Georgia. 44-3-7. (a) The Commissioner, at his discretion, (1) May make such public or private investigations within or outside this state as he deems necessary to determine whether any person has violated or is about to violate any provision of this article or any rule, regulation, or order under this article, or to aid in the enforcement of this article or in the prescribing of rules and regulations under this article; (2) May in connection with any application or exemption make an on-site inspection of a subdivision and may require the subdivider to pay reasonable travel expenses associated with such inspection; (3) May make an annual on-site reinspection of each subdivision registered or exempted under this article and may require the subdivider to pay reasonable travel expenses associated with such reinspection; (4) May require or permit any person to file a statement in writing, under oath or otherwise as the Commissioner determines, as to all the facts and circumstances concerning the matter to be investigated; (5) May require an applicant for registration to submit reports prepared by competent engineers as to any hazard to which, in the opinion of the Commissioner, any subdivision offered for sale in this state is subject or as to any factor which affects the utility of lots or parcels within the subdivision; and (6) May publish information concerning any violation of this article or any rule, regulation, or order under this article. (b) For the purpose of conducting any investigation as provided in this Code section, the Commissioner shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses, the production of books, records, and papers, and to take the depositions of witnesses;

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and for such purposes the Commissioner is authorized to issue a subpoena for any witness or a subpoena or notice to produce evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Commissioner or shall be directed for service to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Commissioner in the same manner that other expenses of the Commissioner are paid. (c) In case of refusal to obey a subpoena issued under any Code section of this article to any person, a superior court of appropriate jurisdiction upon application by the Commissioner may issue to the person an order requiring him to appear before the court to show cause why he should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court. (d) (1) The Commissioner may, with the approval of the Attorney General, issue to any person who has been or may be called to a hearing or other proceeding under this article a written order requiring the individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination. Such order shall be issued only if the Commissioner shall find that: (A) The testimony or other information from such individual may be in the public interest; and (B) Such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination. (2) Whenever any witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information at any hearing or other proceeding under this article, and the person presiding over the proceeding delivers to the witness a written order issued under paragraph (1) of subsection (d) of Code Section 44-3-7 of this article, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination,

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but no testimony or other information compelled under the order as to which the witness could validly assert his privilege against self-incrimination or any information directly or indirectly derived from such testimony or other information may be used against the witness in any criminal case, except a prosecution for perjury, false swearing, giving a false statement to the Commissioner pursuant to this article, or otherwise failing to comply with the order. (e) In addition to any other hearings and investigations which the Commissioner is authorized or required by this article to hold, the Commissioner is also authorized to hold investigative hearings on his own motion with respect to any matter under this article. An investigative hearing as provided for in this article may be conducted by any person designated by the Commissioner for that purpose and may, but need not be, transcribed by the Commissioner or by any other interested party. No formal action may be taken as a result of such investigative hearing, but the Commissioner may take such action as he deems appropriate, based on the information developed in the hearing and on any other information which he may have. 44-3-8. (a) It shall be unlawful for any person: (1) To offer to sell or to sell any subdivided land in violation of Code Section 44-3-3 or any rule, regulation, or order promulgated by the Commissioner under any provision of this article; (2) To offer to sell or to sell any subdivided land by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made in the light of the circumstances under which they are made not misleading, the purchaser not knowing of the untruth or omission, if such person shall not sustain the burden of proof that he did not know and, in the exercise of reasonable care, could not have known of the untruth or omission; or (3) To offer to sell or to sell any subdivided land registered under Code Section 44-3-3 of this article by means of any property report except a property report which complies with paragraph (4) of Code Section 44-3-3 of this article. (b) It shall be unlawful for any person to make to any prospective purchaser any representation that the filing or effectiveness of a

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registration statement or the registration of any subdivided land under Code Section 44-3-3, or the existence of any exemption for any land means that the Commissioner has passed in any way upon the truth, completeness, or accuracy of such registration statement the merits of such land, or has recommended or given approval to such land or transaction. (c) It shall be unlawful for any person knowingly to cause to be made, in any document filed with the Commissioner or in any proceeding under this article, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect. (d) It shall be unlawful for any person in connection with the offer, sale, or purchase of any subdivided land, 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. 44-3-9. (a) Whenever it appears to the Commissioner, either upon complaint or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this article or by any rule, regulation, or order of the Commissioner promulgated or issued pursuant to any Code section of this article, the Commissioner may in his discretion act under any or all of the following paragraphs: (1) Issue an order, if he deems it to be appropriate in the public interest or for the protection of purchasers, prohibiting such persons from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in Code Section 44-3-13 of this article; (2) Apply to any superior court of competent jurisdiction in this state for an injunction restraining such person and his agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or doing any acts in furtherance thereof and for the appointment of a receiver or an auditor and such other and further relief as the facts may warrant; or

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(3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may at his discretion institute the necessary criminal proceedings. (b) In any proceedings for an injunction, the Commissioner may apply for and be entitled to have issued the court's subpoena requiring (1) the appearance forthwith of any defendant and his agents, employees, partners, officers, or directors; and (2) the production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of purchasers as the facts may warrant. (c) In any criminal proceeding, either the district attorney or the Attorney General or both may apply for and be entitled to have issued the court's subpoena requiring: (1) The appearance forthwith of any defendant or his agents, employees, partners, officers, or directors; and (2) The production of such documents, books and records as may appear necessary for the prosecution of such criminal proceedings. (d) Any owner or subdivider who fails to pay, when due, the registration and inspection fees stated by this article and continues to sell or offer to sell subdivided land shall be liable, in an action brought by the Commissioner, for a penalty in an amount equal to treble the unpaid fees. 44-3-10. (a) Except as provided in subsection (b), any person who shall wilfully violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both. (b) Any person who shall wilfully violate paragraph (2) of subsection (a) of Code Section 44-3-8 or subsection (d) of Code Section 44-3-8 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one and not more than five years, or both.

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(c) Nothing in this article shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law. (d) Nothing in this article shall be deemed to prohibit the administrator appointed under Part 2 of Article 15 of Chapter 1 of Title 10 from exercising any powers under said part against any person. 44-3-11. (a) Any person who violates any provision of Code Section 44-3-8 of this article shall be liable to the person buying such land. Such buyer may bring an action in any court of competent jurisdiction to recover damages, even if he no longer owns the land, or, upon tender of the land at any time before entry of judgment, to recover the consideration paid, or the fair value thereof at the time the consideration was paid if such consideration was not paid in cash, for the land with interest thereon at the rate of 7 percent per annum from the date of payment down to the date of repayment, together with all taxable court costs and reasonable attorney's fees. (b) Every person who directly or indirectly controls a person liable under subsection (a) of this Code section, every general partner, executive officer, or director of such person liable under subsection (a) of this Code section, every person occupying a similar status or performing similar functions, and every person 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) of this Code section 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. (c) No person may bring an action under this Code section more than two years from the date of the contract for sale or sale if there is no contract for sale. (d) Every cause of action under this article survives the death of any person who might have been a plaintiff or defendant. (e) Nothing in this article shall limit any statutory or common-law right of any person in any court for any act involving the sale of land.

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(f) The Owner, publisher, licensee, or operator of any newspaper, magazine, visual or sound radio broadcasting station or network of stations, or the agents or employees of any such owner, publisher, licensee, or operator of such a newspaper, magazine, station or network of stations shall not be liable under this article for any advertising of any subdivision, lot, parcel, or unit in any subdivision carried in any such newspaper or magazine or by any such visual or sound radio broadcasting station or network of stations, nor shall any of them be liable under this article for the contents of any such advertisement. 44-3-12. For the purposes of venue for any civil or criminal action under this article, any violation of this article or of any rule, regulation, or order promulgated under this article shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated the article, in the county of any violator's principal place of business, and in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, or other material or objects which were used in furtherance of said violation. 44-3-13. (a) Where the Commissioner has issued any order concerning the sale of subdivided land under Code Section 44-3-5 or 44-3-9 of this article, he shall promptly send to the subdivider of such land and to any person named in the order as a party a notice of opportunity for hearing. After the entering of any order for revocation or suspension, the Commissioner shall promptly send to such subdivider or person a notice of opportunity for hearing. Hearings shall be conducted pursuant to this Code Section 44-3-13 by the Commissioner. (b) Notices of opportunity for hearing shall be served by investigators appointed by the Commissioner or sent by certified mail, return receipt requested, to the addressee's business mailing address, and such notice shall state: (1) The order which has issued and which is proposed to be issued; (2) The ground for issuing such order and proposed order; and

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(3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice. (c) Whenever a person requests a hearing in accordance with the provisions of this Code section, there shall immediately be set a date, time, and place for such hearing and the person requesting such hearing shall forthwith be notified thereof. The date set for such hearing shall be within 15 days, but not earlier than five days, after the request for hearing has been made unless otherwise agreed to by the issuer of the notice and the person requesting such hearing. (d) For the purpose of conducting any hearing as provided in this Code section, the Commissioner shall have the power to administer oaths, to call any party to testify under oath at such hearings, to require the attendance of witnesses, the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Commissioner is authorized, at the request of the person requesting such hearing or upon his own initiative, to issue a subpoena for any witness or a subpoena or notice to produce evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Commissioner or shall be directed for service to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds of the state treasury for the use of the Commissioner in the same manner that other expenses of the Commissioner are paid. (e) At any hearing conducted under this Code section, a party or an affected person may appear in his own behalf or may be represented by an attorney. A stenographic record of the testimony and other evidence submitted shall be taken unless the Commissioner and the person requesting such hearing shall agree that such a stenographic record of the testimony shall not be taken. The Commissioner shall pass upon the admissibility of such evidence, but a party may at any time make objections to any such rulings thereon; and, if the Commissioner refuses to admit evidence, the party offering the same shall make a proffer thereof, and such proffer shall be made a part of the record of such hearing.

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(f) (1) In the case of any hearing conducted under this Code Section 44-3-13, the Commissioner may conduct said hearing or he may appoint a referee to conduct said hearing who shall have the same powers and authority in conducting said hearing as are in this Code Section 44-3-13 granted to the Commissioner. Said referee shall have been admitted to the practice of law in this state and be possessed of such additional qualifications as the Commissioner may require. (2) In any case where a hearing is conducted by a referee, the referee shall submit to the Commissioner a written report including the transcript of the testimony and evidence, if such transcript is requested by the Commissioner, the findings of fact and conclusions of law, and a recommendation of the action to be taken by the Commissioner. A copy of such written report and recommendations shall within five days of the time of submission thereof to the Commissioner be served upon the person who requested the hearing, or his attorney or other representative of record, by certified mail. That person or his attorney may, within ten days of service of the copy of such written report and recommendations file with the Commissioner written objections to the report and recommendations which shall be considered by the Commissioner before a final order is entered. No recommendation of the referee shall be approved, modified, or disapproved by the Commissioner until after ten days after service of such report and recommendations as provided in this Code section. The recommendations of the referee may be approved, modified, or disapproved by the Commissioner. The Commissioner may direct his referee to take additional testimony or to permit the introduction of further documentary evidence. In any hearing conducted by a referee, a transcript of testimony and evidence, and objections, if any, shall have the same force and effect as if such hearing or hearings had been conducted by the Commissioner. All recommendations of the referee shall be advisory only and shall not have the effect of an order of the Commissioner. (g) If the Commissioner does not receive a request for a hearing within the prescribed time, he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this Code Section 44-3-13, the Commissioner shall issue a written order which shall (1) set forth his findings with respect to the matters involved and (2) enter an order in accordance with his findings.

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44-3-14. (a) An appeal may be taken from any order of the Commissioner resulting from a hearing held in accordance with the provisions of Code Section 44-3-13 of this article by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Commissioner, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating: (1) The order from which the appeal is taken; (2) The ground upon which a reversal or modification of such order is sought; and (3) A demand for a certified transcript of the record of such order. (b) Upon receipt of such notice of appeal, the Commissioner shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant shall, within five days after receipt of such transcript, file such transcript and a copy of the notice of appeal with the clerk of the court. Said notice of appeal and transcript of the record shall constitute appellant's complaint. Said complaint shall thereupon be entered on the trial calendar of the court. (c) If the order of the Commissioner shall be reversed, the court shall by its mandate specifically direct the Commissioner as to his further action in the matter, including the making and entering of any order or orders in connection therewith, and the conditions, limitations, or restrictions to be therein contained. 44-3-15. Consent to service. Where a consent to service of process is required under this article, such consent to service of process shall be in the form prescribed by the Commissioner, shall be irrevocable, and shall provide that actions arising out of or founded upon the sale of any subdivided land in violation of this article may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this state by the service of process or pleadings upon the Commissioner. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the Commissioner shall, if made on the

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Commissioner, be by duplicate copies, one of which shall be filed in the office of the Commissioner and the other shall immediately be forwarded by the Commissioner by certified mail to the person against whom such process or pleadings are directed at his latest address on file in the office of the Commissioner. 44-3-16. Any condition, stipulation, or provision binding any person who enters into a transaction subject to the provisions of this article which waives: (1) Compliance with any provision of this article or of the rules and regulations promulgated under this article; (2) Any rights provided by this article or by the rules and regulations promulgated under this article; or (3) Any defenses arising under this article or under the rules and regulations promulgated under this article shall be void. 44-3-17. For any action taken or any proceeding had under the provisions of this article or under color of the law, the Commissioner shall be immune from liability and actions to the same extent that any judge of any court of general jurisdiction in this state would be immune. 44-3-18. (a) Any action, civil or criminal, where a defense is based upon any exemption provided for in this article, the burden of proving the existence of such exemption shall be upon the party raising such defense. (b) In any action, civil or criminal, a certificate signed and sealed by the Commissioner stating compliance or noncompliance with the provisions of this article shall constitute prima-facie evidence of such compliance or noncompliance with the provisions of this article and shall be admissible in any such action. (c) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Commissioner, of any documents filed in his office and of any of his records shall be admissible with the same effect as the original of such documents or records would have if actually produced.

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44-3-19. (a) Prior law exclusively governs all suits, actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before November 1, 1982, except that no civil actions may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and, in any event, within two years of November 1, 1982. (b) All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect so long as they would have remained in effect if this article had not been passed. They are considered to have been filed, entered, or imposed under this article but are governed by prior law. Renewals and consolidations of effective registrations under prior law which are filed after November 1, 1982, shall be governed by the provisions of this article and not by prior law. (c) Judicial review of all administrative orders as to which review proceedings have not been instituted by November 1, 1982, are governed by Code Section 44-3-15 of this article, except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and, in any event, by December 31, 1982. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982.

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ALCOHOLIC BEVERAGES SALE, ETC. REGULATED. Code Title 5A Amended. Code Title 3 Amended. No. 1438 (House Bill No. 1252). AN ACT To amend Code Title 5A, relating to alcoholic beverages, so as to provide that license hearings conducted by the commissioner are exempt from the requirements of the Georgia Administrative Procedure Act; to provide procedures for the holding of referendum elections in certain situations and to provide for matters relative thereto; to require a separate retail license for each place of business; to provide for an existing license to apply to a new location in certain circumstances where a retail licensee moves his package sales business; to change certain population brackets and census references; to amend an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, so as to exempt certain proceedings of the commissioner from coverage under the Act; to amend an Act entitled An Act to amend the Code of Georgia of 1933, as amended, so as to codify, revise, clarify, classify, consolidate, modernize, and supersede exhaustively and completely certain laws relating to the regulation and taxation of alcoholic beverages; to create Code Title 5A of the Code of Georgia of 1933, as amended; to provide a short title; to define certain terms; to provide for continuation of certain forms and filings; to provide that the Act shall not affect or abate certain actions, rights, proceedings, and violations; to provide for administration of the provisions of the title by the State Revenue Commissioner; to provide for rules and regulations; to specify powers of the State Revenue Commissioner; to specify certain prohibitions; to declare certain privileges; to specify certain requirements; to provide for access to certain records; to provide for penalties and interest; to specify certain law enforcement duties; to provide for seizure and disposition of contraband; to provide for a tax on distilled spirits; to regulate package sales; to provide license and excise taxes; to regulate sales by the drink; to provide excise and license taxes; to tax and regulate sales and consumption of beer and wine; to authorize certain local option alcoholic beverage control; to provide for sales and regulation of alcoholic beverages in private clubs; to specify certain crimes; to

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amend an Act known as `The Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), so as to provide that the regulation of liquor and alcoholic beverages is within the scope of the Act; to provide for other matters relative to the foregoing; to provide that certain laws are not repealed; to repeal certain specific laws; to repeal conflicting laws; and for other purposes., approved April, 8, 1980 (Ga. L. 1980, p. 1573), so as to repeal a section of said Act relating to the applicability of the Georgia Administrative Procedure Act to the regulation of alcoholic beverages; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 5A, relating to alcoholic beverages, is amended by striking paragraph (2) of subsection (a) of Code Section 5A-303 in its entirety and inserting in lieu thereof a new paragraph (2) of subsection (a) of said Code section to read as follows: (2) Before any denial, suspension, or cancellation of a license granted pursuant to this title, the applicant or licensee shall be afforded a hearing in the manner and subject to the conditions and procedures established by this chapter and the commissioner. Section 2. Said Title is further amended by striking subsection (g) of Code Section 5A-507 in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: (g) In each county having a population of not less than 153,000 or more than 165,000, according to the census, in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises: (1) At any time from 11:55 P.M. on Saturdays and the two hours immediately following such time.

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(2) In eating establishments 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 12:00 Midnight. For the purposes of this paragraph, `eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises and which derives at least 50 per cent of its total annual gross food and beverage sales from the sale of prepared meals or food. Section 3. Said Title is further amended by adding between Code Sections 5A-2502 and 5A-2503 a new Code section, to be designated Code Section 5A-2502.1, to read as follows: 5A-2502.1. Retail licenses. (a) A separate retail license shall be required for each place of business. (b) In cases where a retail licensee is moving his package sales business to a different location, he shall be authorized to make application to have the license for the location previously occupied apply to the new location. Anything contained in Code Section 5A-2502 to the contrary notwithstanding, if the retail licensee complies with all other requirements of law, the commissioner shall authorize the existing license to apply to the new location. Section 4. Said Title is further amended by striking subsection (b) of Code Section 5A-2902 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) (A) In the event the governing authority of any municipality or county coming under the provisions of this Code section desires to exercise the powers authorized by Code Section 5A-2901, the governing authority shall conduct a special referendum election for the purpose of determining whether or not these powers shall be exercised. Any such governing authority shall notify the election superintendent of the county, or the municipality, as the case may be, of the referendum, 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 set a date and to issue the call for an election for the purpose of submitting

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the question of whether or not the governing authority of the county or municipality shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. The superintendent shall set the date of the referendum election for not less than 30 nor more than 45 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following: `() YES () NO Shall the governing authority of be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?' (B) All persons desiring to vote in favor shall vote `Yes,' and those persons opposed shall vote `No.' If more than one-half of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises, then the governing authority shall, in accordance with this section, issue such licenses, otherwise, no license shall be issued. It shall be the duty of the election superintendent to hold and conduct such election under the same rules that govern special elections as provided in the Georgia Election Code for county elections, or in the Georgia Municipal Election Code, for municipal elections. It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.

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(2) (A) In the event the governing authority of any municipality or county coming under the provisions of this Code section does not adopt a resolution directing the election superintendent to issue a call for the referendum provided for in paragraph (1), then, upon a written petition containing the signatures of 15 percent of the registered and qualified voters of any municipality or county coming within the provisions of this Code section being filed with the appropriate election superintendent, such election superintendent shall be required to call and hold a special referendum election for the purpose of submitting to the qualified voters of the municipality or the county, as the case may be, the question of whether or not the governing authority shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. For purposes of this Code section the required number of signatures of registered voters of a political subdivision shall be computed based on the number of voters qualified to vote at the general election immediately preceding the presentation of the petition. However, signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. The election superintendent shall verify the signatures on the petition within 15 days after such petition has been placed on file in his office. If the petition contains a sufficient number of valid signatures, the election superintendent shall set the date of the referendum election for not less than 30 nor more than 45 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following: `() YES () NO Shall the governing authority of be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?'

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(B) All persons desiring to vote in favor shall vote `Yes,' and those persons opposed shall vote `No.' If more than onehalf of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises, then the governing authority shall, in accordance with this Code section, issue such licenses, otherwise, no license shall be issued. It shall be the duty of the election superintendent to hold and conduct such election under the same rules that govern special elections as provided in the Georgia Election Code for county elections, or the Georgia Municipal Election Code, for municipal elections. It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election. (C) Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this chapter, another election on this question shall be held if another petition, as provided above, is filed with the appropriate governing authority. Section 5. Said Title is further amended by striking paragraph (1) of subsection (a) of Code Section 5A-6503 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) `Coliseum authority' means any public coliseum authority created by law in any county having a population of not less than 153,000 and not more than 165,000, according to the census. Section 6. An Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, is amended by striking subsection (a) of Section 2 of said Act in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) `Agency' means each State board, bureau, commission, department, activity or officer authorized by law expressly to make

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rules and regulations or to determine contested cases except the General Assembly, the judiciary, the Governor, the Board of Pardons and Paroles, the State Board of Probation, the Board of Bar Examiners, the Board of Offender Rehabilitation and its penal institutions, the State Board of Workers' Compensation, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Purchases (Purchasing Department), the Department of Revenue when conducting hearings on the denial, suspension, or cancellation of licenses relating to alcoholic beverages, or any school, college, hospital or other such educational, eleemosynary or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State. Section 7. An Act entitled An Act to amend the Code of Georgia of 1933, as amended, so as to codify, revise, clarify, classify, consolidate, modernize, and supersede exhaustively and completely certain laws relating to the regulation and taxation of alcoholic beverages; to create Code Title 5A of the Code of Georgia of 1933, as amended; to provide a short title; to define certain terms; to provide for continuation of certain forms and filings; to provide that the Act shall not affect or abate certain actions, rights, proceedings, and violations; to provide for administration of the provisions of the title by the State Revenue Commissioner; to provide for rules and regulations; to specify powers of the State Revenue Commissioner; to specify certain prohibitions; to declare certain privileges; to specify certain requirements; to provide for access to certain records; to provide for penalties and interest; to specify certain law enforcement duties; to provide for seizure and disposition of contraband; to provide for a tax on distilled spirits; to regulate package sales; to provide license and excise taxes; to regulate sales by the drink; to provide excise and license taxes; to tax and regulate sales and consumption of beer and wine; to authorize certain local option alcoholic beverage control; to provide for sales and regulation of alcoholic beverages in private clubs; to specify certain crimes; to amend an Act known as `The Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), so as to provide that the regulation of liquor and alcoholic beverages is within the scope of the Act; to provide for other matters relative to the foregoing; to provide that certain laws are not repealed; to repeal certain specific laws; to repeal conflicting laws; and for other purposes., approved April 8, 1980 (Ga. L. 1980, p. 1573), is amended by repealing in its entirety Section 2 of said Act which reads as follows:

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Section 2. `Administrative Procedure Act' amended. An Act known as `The Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 404), is hereby amended by striking from subsection (a) of Section 2 thereof the following: `the regulation of liquor and alcoholic beverages,', so that when so amended subsection (a) of Section 2 shall read as follows: `(a) Agency means each State board, bureau, commission, department, activity or officer authorized by law expressly to make rules and regulations or to determine contested cases except the General Assembly, the judiciary, the Governor, the Board of Pardons and Paroles, the State Board of Probation, the Board of Bar Examiners, the Board of Corrections and its penal institutions, the State Board of Workers' Compensation, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Purchases (Purchasing Department), or any school, college, hospital or other such education, eleemosynary or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State. Part 2 Section 8. Code Section 3-2-3 of the Official Code of Georgia Annotated, relating to the powers of the commissioner to regulate alcoholic beverages, is amended by striking paragraph (1) of said Code section in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Deny, suspend, or cancel any license required under this title if: (A) The license application is not filed in good faith or is filed by some person as a subterfuge for any other person; (B) Any applicant for a license or any licensee under this title willfully fails to comply with any provisions of this title or with rules and regulations adopted by the commissioner; or

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(C) Any person to whom a license has been issued is no longer engaged in the dealing of alcoholic beverages or no longer qualifies as a licensee under this title. Before any denial, suspension, or cancellation of a license granted pursuant to this title, the applicant or licensee shall be afforded a hearing in the manner, and subject to the conditions and procedures established by this chapter and the commissioner. The commissioner shall notify an applicant or licensee in writing of the denial, suspension, or cancellation by registered or certified mail to the last known address of the applicant or licensee appearing in the commissioner's files or by personal service upon the applicant or licensee by an authorized agent of the commissioner. Upon cancellation of a license for cause under this paragraph, there shall be no renewal or reissuance of the canceled license for a period of two years from the date of cancellation;. Section 9. Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended by striking subsection (f) of said Code section in its entirety and substituting in lieu thereof a new subsection (f) to read as follows: (f) In each county having a population of not less than 153,000 nor more than 165,000 according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and in all municipalities within such counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises: (1) At any time from 11:55 P.M. on Saturdays and the two hours immediately following such time; and (2) In eating establishments 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 from 12:30 P.M. until 12:00 Midnight. As used in this paragraph, the term `eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines 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.

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Section 10. Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, is amended by adding between Code Sections 3-4-21 and 3-4-22 a new Code section, to be designated Code Section 3-4-21.1, to read as follows: 3-4-21.1. (a) A separate retail license shall be required for each place of business. (b) In cases where a retail licensee is moving his package sales business to a different location, he shall be authorized to make application to have the license for the location previously occupied apply to the new location. Anything contained in Code Section 3-4-21 to the contrary notwithstanding, if the retail licensee complies with all other requirements of law, the commissioner shall authorize the existing license to apply to the new location. Section 11. Code Section 3-4-91 of the Official Code of Georgia Annotated, relating to procedures for authorizing sales of distilled spirits by the drink, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) (A) In the event the governing authority of any municipality or county coming under the provisions of this Code section desires to exercise the powers authorized by Code Section 3-4-90, the governing authority shall conduct a special referendum election for the purpose of determining whether or not these powers shall be exercised. Any such governing authority shall notify the election superintendent of the county, or the municipality, as the case may be, of the referendum, 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 set a date and to issue the call for an election for the purpose of submitting the question of whether or not the governing authority of the county or municipality shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. The superintendent shall set the date of the referendum election for not less than 30 nor more than 45 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case

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of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following: `() YES () NO Shall the governing authority of be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?' (B) All persons desiring to vote in favor shall vote `Yes,' and those persons opposed shall vote `No.' If more than one-half of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises, then the governing authority shall, in accordance with this Code section, issue such licenses, otherwise, no license shall be issued. It shall be the duty of the election superintendent to hold and conduct such election under the same rules that govern special elections as provided in the Georgia Election Code for county elections, or in the Georgia Municipal Election Code, for municipal elections. It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election. (2) (A) In the event the governing authority of any municipality or county coming under the provisions of this Code section does not adopt a resolution directing the election superintendent to issue a call for the referendum provided for in paragraph (1), then, upon a written petition containing the signatures of 15 percent of the registered and qualified voters of any municipality or county coming within the provisions of this Code section being filed with the appropriate election superintendent, such election superintendent shall be

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required to call and hold a special referendum election for the purpose of submitting to the qualified voters of the municipality or the county, as the case may be, the question of whether or not the governing authority shall be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises. For purposes of this Code section the required number of signatures of registered voters of a political subdivision shall be computed based on the number of voters qualified to vote at the general election immediately preceding the presentation of the petition. However, signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. The election superintendent shall verify the signatures on the petition within 15 days after such petition has been placed on file in his office. If the petition contains a sufficient number of valid signatures, the election superintendent shall set the date of the referendum election for not less than 30 nor more than 45 days after the call. Notice of the call for the referendum shall be published by the superintendent in the legal organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality once a week for two weeks immediately preceding the date of the election. The ballot shall have printed thereon the following: `() YES () NO Shall the governing authority of be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?' (B) All persons desiring to vote in favor shall vote `Yes,' and those persons opposed shall vote `No.' If more than one-half of the votes cast on such question are in favor of issuing licenses to sell distilled spirits for beverage purposes by the

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drink, such sales to be for consumption only on the premises, then the governing authority shall, in accordance with this Code section, issue such licenses, otherwise, no license shall be issued. It shall be the duty of the election superintendent to hold and conduct such election under the same rules that govern special elections as provided in the Georgia Election Code for county elections, or the Georgia Municipal Election Code, for municipal elections. It shall be his further duty to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election. (C) Following the expiration of two years after any election is held which results in the disapproval of sales as provided in this article, another election on this question shall be held if another petition, as provided in subparagraph (A) of this paragraph, is filed with the appropriate governing authority. Section 12. Code Section 3-8-3 of the Official Code of Georgia Annotated, relating to the sale of malt beverages at coliseums, is amended by striking paragraph (1) of subsection (a) of said Code section in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) `Coliseum authority' means any public coliseum authority created by law in any county having a population of not less than 153,000 nor more than 165,000 according to the United States decennial census of 1980 or any future such census. Section 13. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions for state administration and enforcement, is amended by striking paragraph (1) of said Code section in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners;

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the Board of Offender Rehabilitation and its penal institutions; the State Board of Workers' Compensation; all public authorities; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Revenue when conducting hearings on the denial, suspension, or cancellation of licenses relating to alcoholic beverages; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. Part 3 Section 14. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 15. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. CRIMINAL PROCEDURE PLEAS OF INSANITY, ETC. Code Chapter 27-15 Amended. Code Section 17-7-131 Amended. No. 1439 (House Bill No. 1290). AN ACT To amend Code Chapter 27-15, relating to demurrers and special pleas, as amended, particularly by an Act approved April 8, 1977 (Ga.

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L. 1977, p. 1293), so as to change provisions relating to the plea of insanity at the time of the commission of a crime; to change the procedures to be followed regarding such a plea; to provide for a verdict of guilty but mentally ill; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 27-15, relating to demurrers and special pleas, as amended, particularly by an Act approved April 8, 1977 (Ga. L. 1977, p. 1293), is amended by striking Code Section 27-1503 and inserting in its place a new Code section to read as follows: 27-1503. Insanity and incompetency. (a) Definitions. For purposes of this Code section: (1) `Insane at the time of the crime' means meeting the criteria of Code Section 26-702 or 26-703. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct. (2) `Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life or having a state of significantly subaverage general intellectual functioning existing concurrently with defects of adaptive behavior which originates in the developmental period. The term `mentally ill' shall not include a mental state manifested only by repeated unlawful or antisocial conduct. (b) Verdict; finding as to insanity. In all cases in which the defense of insanity is interposed the jury, or the court if tried by it, shall find whether the defendant is: (1) Guilty;

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(2) Not guilty; (3) Not guilty by reason of insanity at the time of the crime; or (4) Guilty but mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases. (c) Jury instructions; finding as to insanity. In all criminal trials of any of the courts of this state wherein an accused shall contend that he was insane or otherwise mentally incompetent under the law at the time the act or acts charged against him were committed, the trial judge shall instruct the jury that they may consider, in addition to verdicts of `guilty' and `not guilty,' the additional verdicts of `not guilty by reason of insanity at the time of the crime' and `guilty but mentally ill at the time of the crime.' (1) The defendant may be found `not guilty by reason of insanity at the time of the crime' if he meets the critera of Code Section 26-702 or 26-703 at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict. (2) The defendant may be found `guilty but mentally ill at the time of the crime' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty of the crime charged and was mentally ill at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict. (d) Evaluation of present mental condition. Whenever a defendant is found not guilty by reason of insanity at the time of the crime, the court shall retain jurisdiction over the person so acquitted and shall order such person to be detained in a state mental health facility, to be selected by the Department of Human Resources, for a period not to exceed 30 days from the date of the acquittal order, for evaluation of the defendant's present mental condition. Upon completion of the evaluation, the proper officials of the mental health facility shall send a report of the defendant's present mental condition to the trial judge, the prosecuting attorney, and the defendant's attorney, if any.

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(e) Postevaluation commitment procedures. After the expiration of the 30 days' evaluation period in the state mental health facility, if the evaluation report from the Department of Human Resources indicates that the defendant does not meet the commitment criteria of Code Chapter 88-5 or Code Chapter 88-25, the trial judge may issue an order discharging the defendant from custody without a hearing. If the defendant is not so discharged, the trial judge shall order a hearing to determine whether the defendant should be committed to the Department of Human Resources. The defendant shall be detained in custody until completion of the hearing. The hearing shall be conducted at the earliest opportunity after the expiration of the 30 days' evaluation period but in any event within 30 days after receipt by the prosecuting attorney of the evaluation report from the mental health facility. The court may take judicial notice of evidence introduced during the trial of the defendant and may call for testimony from any person with knowledge concerning whether the defendant is currently a mentally ill person in need of involuntary treatment or currently mentally retarded and in need of being ordered to receive services, as provided in subsection (v) of Code Section 88-501 and Code Section 88-2504. The prosecuting attorney may cross-examine the witnesses called by the court and the defendant's witnesses and present relevant evidence concerning the issues presented at the hearing. If the judge determines that the defendant meets the commitment criteria of Code Chapter 88-5 or 88-25, the judge shall order the defendant to be committed to the Department of Human Resources to receive involuntary treatment under Code Chapter 88-5 or to receive services under Code Chapter 88-25. The defendant is entitled to the rights specified below and shall be notified in writing of these rights at the time of his admission for evaluation under subsection (d). Such rights are: (1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the defendant has the right to counsel and that the defendant or his representatives may apply immediately to the court to have counsel appointed if the defendant cannot afford counsel and that the court will appoint counsel for the defendant unless he indicates in writing that he does not desire to be represented by counsel; (3) The right to confront and cross-examine witnesses and to offer evidence;

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(4) The right to subpoena witnesses and to require testimony before the court in person or by deposition from any person upon whose evaluation the decision of the court may rest; (5) Notice of the right to have established an individualized service plan or individualized program plan specifically tailored to the person's treatment needs, as such plans are defined in subsection (w) of Code Section 88-501 and subsection (i) of Code Section 88-2502; (6) A notice that the defendant has the right to be examined by a physician or a licensed clinical psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of subsection (w) of Code Section 88-501 or subsection (i) of Code Section 88-2502, whichever is applicable. (f) Release of persons found not guilty by reason of insanity. A defendant who has been found not guilty by reason of insanity at the time of the crime and is ordered committed to the Department of Human Resources under subsection (e) of this Code Section may only be discharged from that commitment by order of the committing court in accordance with the procedures specified in this subsection: (1) Application for the release of a defendant who has been committed to the Department of Human Resources under subsection (e) of this Code section upon the ground that he does not meet the civil commitment criteria under Code Chapter 88-5 or Code Chapter 88-25 may be made to the committing court, either by such defendant or by the superintendent of the state hospital in which the defendant is detained. (2) The burden of proof in such release hearing shall be upon the applicant. The defendant shall have the same rights in the release hearing as set forth in subsection (e) of this Code section. (3) If the finding of the court is adverse to release in such hearing held pursuant to subsection (f) on the grounds that such defendant does meet the civil commitment criteria under Code Chapter 88-5 or Code Chapter 88-25 a further release application shall not be heard by the court until twelve months have elapsed from the date of the hearing upon the last preceding application.

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(g) Sentencing of defendant found guilty but mentally ill. Whenever a defendant is found guilty but mentally ill at the time of a felony, or enters a plea to that effect that is accepted by the court, the court shall sentence him in the same manner as a defendant found guilty of the offense. If a defendant who is found guilty but mentally ill at the time of the felony is committed to an appropriate penal facility, he shall be further evaluated and then treated, within the limits of state funds appropriated therefor, in such manner as is psychiatrically indicated for his mental illness. Treatment may be provided by: (1) The penal facility; or (2) The Department of Human Resources after transfer pursuant to procedures set forth in regulations of the Department of Offender Rehabilitation and the Department of Human Resources. (h) Probation. If a defendant who is found guilty but mentally ill at the time of a felony is placed on probation under the `Statewide Probation Act' (Ga. L. 1956, p. 27), the court may require that the defendant undergo available outpatient medical or psychiatric treatment or seek similar available voluntary inpatient treatment as a condition of probation. Persons required to receive such services may be charged fees by the provider of the services. Part 2 Section 2. Part 2 of Article 6 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to the pleas of insanity and mental incompetency, is amended by striking Code Section 17-7-131 and inserting in its place a new Code section to read as follows: 17-7-131. (a) For purposes of this Code section, the term: (1) `Insane at the time of the crime' means meeting the criteria of Code Section 16-3-2 or Code Section 16-3-3. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct. (2) `Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of

Page 1482

life or having a state of significantly subaverage general intellectual functioning existing concurrently with defects of adaptive behavior which originates in the developmental period. However, the term `mental illness' shall not include a mental state manifested only by repeated unlawful or antisocial conduct. (b) In all cases in which the defense of insanity is interposed, the jury, or the court if tried by it, shall find whether the defendant is: (1) Guilty; (2) Not guilty; (3) Not guilty by reason of insanity at the time of the crime; or (4) Guilty but mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases. (c) In all criminal trials of any of the courts of this state wherein an accused shall contend that he was insane or otherwise mentally incompetent under the law at the time the act or acts charged against him were committed, the trial judge shall instruct the jury that they may consider, in addition to verdicts of `guilty' and `not guilty,' the additional verdicts of `not guilty by reason of insanity at the time of the crime' and `guilty but mentally ill at the time of the crime.' (1) The defendant may be found `not guilty by reason of insanity at the time of the crime' if he meets the critera of Code Section 16-3-2 or 16-3-3 at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict. (2) The defendant may be found `guilty but mentally ill at the time of the crime' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty of the crime charged and was mentally ill or mentally retarded at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict. (d) Whenever a defendant is found not guilty by reason of insanity at the time of the crime, the court shall retain jurisdiction over the person so acquitted and shall order such person to be

Page 1483

detained in a state mental health facility, to be selected by the Department of Human Resources, for a period not to exceed 30 days from the date of the acquittal order, for evaluation of the defendant's present mental condition. Upon completion of the evaluation, the proper officials of the mental health facility shall send a report of the defendant's present mental condition to the trial judge, the prosecuting attorney, and the defendant's attorney, if any. (e) After the expiration of the 30 days' evaluation period in the state mental health facility, if the evaluation report from the Department of Human Resources indicates that the defendant does not meet the commitment criteria of Chapter 37-3 or Chapter 37-4, the trial judge may issue an order discharging the defendant from custody without a hearing. If the defendant is not so discharged, the trial judge shall order a hearing to determine whether the defendant should be committed to the Department of Human Resources. The defendant shall be detained in custody until completion of the hearing. The hearing shall be conducted at the earliest opportunity after the expiration of the 30 days' evaluation period but in any event within 30 days after receipt by the prosecuting attorney of the evaluation report from the mental health facility. The court may take judicial notice of evidence introduced during the trial of the defendant and may call for testimony from any person with knowledge concerning whether the defendant is currently a mentally ill person in need of involuntary treatment or currently mentally retarded and in need of being ordered to receive services, as those terms are defined by paragraph (12) of Code Section 37-3-1 and Code Section 37-4-40. The prosecuting attorney may cross-examine the witnesses called by the court and the defendant's witnesses and present relevant evidence concerning the issues presented at the hearing. If the judge determines that the defendant meets the commitment criteria of Chapter 3 or 4 of Title 37, the judge shall order the defendant to be committed to the Department of Human Resources to receive involuntary treatment under Chapter 3 of Title 37 or to receive services under Chapter 4 of Title 37. The defendant is entitled to the following rights specified below and shall be notified in writing of these rights at the time of his admission for evaluation under subsection (d). Such rights are: (1) A notice that a hearing will be held and the time and place thereof;

Page 1484

(2) A notice that the defendant has the right to counsel and that the defendant or his representatives may apply immediately to the court to have counsel appointed if the defendant cannot afford counsel and that the court will appoint counsel for the defendant unless he indicates in writing that he does not desire to be represented by counsel; (3) The right to confront and cross-examine witnesses and to offer evidence; (4) The right to subpoena witnesses and to require testimony before the court in person or by deposition from any person upon whose evaluation the decision of the court may rest; (5) Notice of the right to have established an individualized service plan specifically tailored to the person's treatment needs, as such plans are defined in Chapters 37-3 and 37-4; (6) A notice that the defendant has the right to be examined by a physician or a licensed clinical psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of Chapter 37-3 or Chapter 37-4, whichever is applicable. (f) A defendant who has been found not guilty by reason of insanity at the time of the crime and is ordered committed to the Department of Human Resources under subsection (e) of this Code section may only be discharged from that commitment by order of the committing court in accordance with the procedures specified in this subsection: (1) Application for the release of a defendant who has been committed to the Department of Human Resources under subsection (e) of this Code section upon the ground that he does not meet the civil commitment criteria under Chapter 37-3 or Chapter 37-4 may be made to the committing court, either by such defendant or by the superintendent of the state hospital in which the said defendant is detained; (2) The burden of proof in such release hearing shall be upon the applicant. The defendant shall have the same rights in the release hearing as set forth in subsection (e) of this Code section;

Page 1485

(3) If the finding of the court is adverse to release in such hearing held pursuant to subsection (f) on the grounds that such defendant does meet the civil commitment criteria, a further release application shall not be heard by the court until 12 months have elapsed from the date of the hearing upon the last preceding application. (g) Whenever a defendant is found guilty but mentally ill at the time of a felony, or enters a plea to that effect that is accepted by the court, the court shall sentence him in the same manner as a defendant found guilty of the offense. If a defendant who is found guilty but mentally ill at the time of the felony is committed to an appropriate penal facility, he shall be further evaluated and then treated, within the limits of state funds appropriated therefor, in such manner as is psychiatrically indicated for his mental illness. Treatment may be provided by: (1) The penal facility; or (2) The Department of Human Resources after transfer pursuant to procedures set forth in regulations of the Department of Offender Rehabilitation and the Department of Human Resources. (h) If a defendant who is found guilty but mentally ill at the time of a felony is placed on probation under the `State-wide Probation Act,' Article 2 of Chapter 8 of Title 42, the court may require that the defendant undergo available outpatient medical or psychiatric treatment or seek similar available voluntary inpatient treatment as a condition of probation. Persons required to receive such services may be charged fees by the provider of the services. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. SECRETARIES OF JUDGES OF SUPERIOR COURTS AND DISTRICT ATTORNEYS. Code Sections 15-6-25, 15-18-17 Amended. No. 1440 (House Bill No. 1293). AN ACT To amend an Act fixing the salaries of judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended, particularly by an Act approved April 25, 1975 (Ga. L. 1975, p. 1506) and an Act approved March 23, 1977 (Ga. L. 1977, p. 668), so as to change certain provisions relating to the compensation of secretaries for superior court judges and district attorneys; to provide for other matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act fixing the salaries of judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), as amended, particularly by an Act approved April 25, 1975 (Ga. L. 1975, p. 1506) and an Act approved March 23, 1977 (Ga. L. 1977, p. 668), is amended by striking Section 1B in its entirety and substituting in lieu thereof a new Section 1B to read as follows: Section 1B. (a) Each superior court judge is authorized to employ a secretary. Each secretary so employed shall be an employee

Page 1487

of the judicial branch of state government and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Secretaries employed pursuant to this section shall serve at the pleasure of the superior court judge who employed them and shall perform such duties and assignment as shall be prescribed by the superior court judge. (c) The base annual salary of each secretary shall be $12,192.00. (1) Effective July 1, 1983, the maximum figure provided for such secretaries' salaries which are to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration. (2) The judge may, not more often than once a year and on not more than five occasions, grant to each secretary a merit increase of 5 percent of the secretary's salary during the previous year; but when a new secretary is appointed, the new secretary's beginning salary shall be the base salary plus any cost-of-living increases granted on and after July 1, 1983. (d) The compensation herein provided shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (e) In addition to the salary paid as herein prescribed, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as the same may now or hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts. Section 2. Said Act is further amended by striking Section 1C in its entirety and substituting in lieu thereof a new Section 1C to read as follows: Section 1C. (a) Each district attorney is authorized to employ two legal secretaries. Each secretary so employed shall be an

Page 1488

employee of the judicial branch of state government and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Secretaries employed pursuant to this section shall serve at the pleasure of the district attorney who employed them and shall perform such duties and assignments as shall be prescribed by the district attorney. (c) The base annual salary of each secretary shall be $12,192.00. (1) Effective July 1, 1983, the figure provided for such secretaries' salaries which are to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration. (2) The district attorney may, not more often than once a year and on not more than five occasions, grant to each secretary a merit increase of 5 percent of the secretary's salary during the previous year; but when a new secretary is appointed the new secretary's beginning salary shall be the base salary plus any cost-of-living increases granted on and after July 1, 1983. (3) The salary of any secretary employed before July 1, 1982, shall not be reduced if it exceeds the base salary. Such a secretary shall receive the across-the-board increases specified in paragraph (1) but shall be eligible for merit increases under paragraph (2) only to the extent that they do not increase the secretary's salary above the maximum allowed to a secretary employed after July 1, 1982. (d) The compensation herein provided shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (e) In addition to the salary paid as herein prescribed, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as the same may now or hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts.

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Part 2 Section 3. Title 15 of the Official Code of Georgia Annotated, relating to courts is amended by striking Code Section 15-6-25, which reads as follows: 15-6-25. (a) Each superior court judge is authorized to employ a secretary. (b) A secretary employed under this Code section shall possess such qualifications as shall be determined by the judge employing the secretary and shall serve at the pleasure of the judge. The secretary shall perform such duties and services as shall be prescribed by the judge. (c) Each secretary so employed shall be an employee of the judicial branch of state government and shall be in the unclassified service of the State Merit System of Personnel Administration. The secretary shall be compensated in an amount to be set by the superior court judge commensurate with industry salaries in the community for similar work. An amount not to exceed $8,400.00 per annum for the salary of the secretary as provided and fixed in this Code section shall be paid in equal monthly installments from state funds appropriated or otherwise made available for the operation of the superior courts. Effective July 1, 1978, the maximum figure provided for such secretaries' salaries which are to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration. In addition to the salary paid as prescribed in this Code section, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts., and inserting in its place a new Code section to read as follows: 15-6-25 (a) Each superior court judge is authorized to employ a secretary. Each secretary so employed shall be an employee of the judicial branch of state government and shall be in the unclassified service of the State Merit System of Personnel Administration.

Page 1490

(b) Secretaries employed pursuant to this Code section shall serve at the pleasure of the superior court judge who employed them and shall perform such duties and assignments as shall be prescribed by the superior court judge. (c) The base annual salary of each secretary shall be $12,192.00. (1) Effective July 1, 1983, the maximum figure provided for such secretaries' salaries which are to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration. (2) The judge may, not more often than once a year and on not more than five occasions, grant to each secretary a merit increase of 5 percent of the secretary's salary during the previous year; but when a new secretary is appointed, the new secretary's beginning salary shall be the base salary plus any cost-of-living increases granted on and after July 1, 1983. (d) The compensation of each secretary shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (e) In addition to the salary paid to each secretary, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as the same may now or hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts. Section 4. Said title is further amended by striking Code Section 15-18-17, which reads as follows: 15-18-17. (a) Each district attorney is authorized to employ two legal secretaries. (b) Secretaries employed pursuant to this Code section shall serve at the pleasure of the district attorney. The secretaries shall perform such duties and assignments as shall be prescribed by the district attorney.

Page 1491

(c) Each secretary so employed shall be an employee of the judicial branch of the state government and shall be in the unclassified service of the State Merit System of Personnel Administration. The district attorney shall fix the annual salary of each secretary at the rate of compensation established by the State Merit System of Personnel Administration for pay grades 16 through 22, but the compensation of any secretary employed on or before July 1, 1981, shall not be reduced. The district attorney shall be authorized, from time to time, to promote any such secretary to the next highest pay grade within the limits established by this subsection, such promotion to be based upon merit and performance. The compensation provided for in this subsection shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (d) In addition to the salary paid as prescribed in subsection (c) of this Code section, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended, or by any regulations or requirements issued pursuant thereto shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts., and inserting in its place a new Code section to read as follows: 15-18-17 (a) Each district attorney is authorized to employ two legal secretaries. Each secretary so employed shall be an employee of the judicial branch of state government and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Secretaries employed pursuant to this Code section shall serve at the pleasure of the district attorney who employed them and shall perform such duties and assignments as shall be prescribed by the district attorney. (c) The base annual salary of each secretary shall be $12,192.00. (1) Effective July 1, 1983, the figure provided for such secretaries' salaries which are to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration.

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(2) The district attorney may, not more often than once a year and on not more than five occasions, grant to each secretary a merit increase of 5 percent of the secretary's salary during the previous year; but when a new secretary is appointed the new secretary's beginning salary shall be the base salary plus any cost-of-living increases granted on and after July 1, 1983. (3) The salary of any secretary employed before July 1, 1982, shall not be reduced if it exceeds the base salary. Such a secretary shall receive the across-the-board increases specified in paragraph (1) but shall be eligible for merit increases under paragraph (2) only to the extent that they do not increase the secretary's salary above the maximum allowed to a secretary employed after July 1, 1982. (d) The compensation of each secretary shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (e) In addition to the salary paid to each secretary, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as the same may now or hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. STATE BOARD FOR THE CERTIFICATION OF LIBRARIANS AMENDED. Code Title 43, Chapter 24 Amended. No. 1441 (House Bill No. 1363). AN ACT To amend an Act establishing a State Board for the Certification of Librarians, approved March 31, 1937 (Ga. L. 1937, p. 245), as amended by an Act approved March 14, 1978 (Ga. L. 1978, p. 918), an Act approved March 20, 1980 (Ga. L. 1980, p. 489), and an Act approved March 25, 1980 (Ga. L. 1980, p. 1075), so as to change the provisions relative to the membership of the board; to continue the board pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as amended; to define certain terms; to remove library assistants from the requirements of the Act; to provide an exception; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act establishing a State Board for the Certification of Librarians, approved March 31, 1937 (Ga. L. 1937, p. 245), as amended by an Act approved March 14, 1978 (Ga. L. 1978, p. 918), an Act approved March 20, 1980 (Ga. L. 1980, p. 489), and an Act approved March 25, 1980 (Ga. L. 1980, p. 1075), is amended by

Page 1494

striking Section 1 and Section 1A, relating to the creation and membership of the board, in their entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The State Board for the Certification of Librarians is created, to consist of six persons as follows: (1) Four persons who shall represent special, academic, and public librarians certified under this chapter or three persons who shall represent special, academic, and public librarians certified under this chapter, and one person who shall be a trustee of a public library; (2) A member to be appointed from the public at large who shall have no connection whatsoever with the library profession; and (3) The director of public library services of the Department of Education. (b) The members referred to in paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed by the Governor and shall be confirmed by the Senate. (c) The terms of the four members appointed pursuant to paragraph (1) of subsection (a) of this Code section shall expire as follows: one on December 31, 1982; one on December 31, 1983; one on December 31, 1984; and one on December 31, 1985. The initial term for the member appointed pursuant to paragraph (2) of subsection (a) of this Code section shall expire December 31, 1984. Successors to these terms shall be appointed for a term of five years. The term of the director of public library services of the Department of Education shall be coextensive with the term of office of this position. (d) Members of the board shall be reimbursed as provided for in Code Section 84-102, as amended. (e) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the State Board for the Certification of Librarians and the laws relating thereto are continued until July 1, 1987, at which time the board shall be terminated. Upon its termination, the

Page 1495

board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Section 2. Said Act is further amended by adding a new section between Section 2, relating to vacancies on the board, and Section 3, relating to certificates issued by the board, to be designated Section 2A, to read as follows: Section 2A. As used in this Act, the term: (1) `Library' means an organization providing services and informational materials in a variety of formatting, including, but not limited to, books, films, tapes, microforms, and periodicals and having no fewer than 3,000 items which have been selected, acquired, and organized for dissemination. (2) `Librarian' means a person with specialized training as identified in this Act and in the administrative rules and regulations applicable to this Act and possessing the necessary training and qualifications to plan, organize, communicate, and administer successfully the use of the library's materials and services. Section 3. Said Act is further amended by striking Section 4, relating to the employment of librarians certified by the board, in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. From and after January 1, 1938, any public library serving a political subdivision or subdivisions having over five thousand population according to the last official Federal census, and every library operated by the State or its authority, including libraries of institutions of higher learning, shall not employ in the position of librarian a person who does not hold a librarian's certificate issued by the Board. No public funds shall be paid to any

Page 1496

library failing to comply with the provisions of this Act. Provided, however, that nothing in this Act shall apply to law libraries of counties or cities, or to libraries of public elementary and high schools, or to libraries of the University System of Georgia. Section 4. Said Act is further amended by striking from the first sentence of Section 6 the following: or full time assistant librarian, so that when so amended Section 6 shall read as follows: Section 6. This Act shall not be construed to affect any librarian in his or her present position. Such librarians as are now in service shall be entitled to receive a certificate in accordance with their qualifications for positions now held without examination, upon payment of the prescribed fee, and such certificate so issued shall be a life certificate. The Board may issue certificates to qualified persons who are serving in libraries not supported by public funds. Part 2 Section 5. Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to librarians, is amended by striking in its entirety Code Section 43-24-1 and inserting in lieu thereof a new Code Section 43-24-1 to read as follows: 43-24-1. As used in this chapter, the term: (1) `Board' means the State Board for the Certification of Librarians. (2) `Librarian' means a person with specialized training as identified in this chapter and in the administrative rules and regulations applicable to this chapter and possessing the necessary training and qualifications to plan, organize, communicate, and administer successfully the use of the library's materials and services. (3) `Library' means an organization providing services and informational materials in a variety of formatting, including, but not limited to, books, films, tapes, microforms, and periodicals and having no fewer than 3,000 items which have been selected, acquired, and organized for dissemination.

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Section 6. Said chapter is further amended by striking in its entirety Code Section 43-24-2 and inserting in lieu thereof a new Code Section 43-24-2 to read as follows: 43-24-2. (a) The State Board for the Certification of Librarians is created, to consist of six persons as follows: (1) Four persons who shall represent special, academic and public librarians certified under this chapter; or three persons who shall represent special, academic, and public librarians certified under this chapter, and one person who shall be a trustee of a public library; (2) A member to be appointed from the public at large who shall have no connection whatsoever with the library profession; and (3) The director of public library services of the Department of Education. (b) The members referred to in paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed by the Governor and shall be confirmed by the Senate. (c) The terms of the four members appointed pursuant to paragraph (1) of subsection (a) of this Code section shall expire as follows: one on December 31, 1982; one on December 31, 1983; one on December 31, 1984; and one on December 31, 1985. The initial term for the member appointed pursuant to paragraph (2) of subsection (a) of this Code section shall expire December 31, 1984. Successors to these terms shall be appointed for a term of five years. The term of the director of public library services of the Department of Education shall be coextensive with the term of office of this position. (d) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (e) If there is a vacancy on the board, the Governor shall appoint a member to serve the unexpired term. Section 7. Said chapter is further amended by striking Code Section 43-24-4 in its entirety and inserting in lieu thereof a new Code Section 43-24-4 to read as follows:

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43-24-4. Any public library serving a political subdivision or subdivisions having a population of over 5,000 according to the United States decennial census of 1970 or any future such census and every library operated by the state or its authority, including libraries of institutions of higher learning, shall not employ in the position of librarian a person who does not hold a librarian's certificate issued by the board. No public funds shall be paid to any library failing to comply with this chapter, provided that nothing in this chapter shall apply to law libraries of counties and municipalities, to libraries of public elementary and high schools, or to libraries of the University System of Georgia. Section 8. Said chapter is further amended by striking from Code Section 43-24-7 the following: July 1, 1982, and inserting in lieu thereof the following: July 1, 1987, so that when so amended Code Section 43-24-7 shall read as follows: 43-24-7. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board for the Certification of Librarians shall be terminated on July 1, 1987, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Part 3 Section 9. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

Page 1499

Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. EYE BANKS. Code Title 31, Chapter 23 Amended. No. 1442 (House Bill No. 1395). AN ACT To amend Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, so as to change the definition of the term eye bank; to change the provisions relating to persons who may operate eye banks; to change the provisions relating to persons authorized to extract eyes; to change the provisions relating to the application of the chapter; to change the provisions relating to unlawful activities and penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 23 of Title 31 of the Official Code of Georgia Annotated, relating to eye banks, is amended by striking in its entirety paragraph (1) of Code Section 31-23-1, which reads as follows: (1) `Eye bank' means a nonprofit facility which is maintained and operated for the extraction, removal, care, storage, preservation, and use of human eyes or parts thereof for purposes of sight preservation or restoration, medical education, or instruction pertaining to sight preservation or restoration, which facility is operated by and under the supervision of persons who are at the same time operating a hospital for the care of human beings or a medical school for instruction in the medical care of human beings.,

Page 1500

and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Eye bank' means a nonprofit facility which is maintained and operated for the extraction, removal, care, storage, preservation, and use of human eyes or parts thereof for purposes of sight preservation or restoration, medical education, instruction pertaining to sight preservation or restoration, or research, which facility is operated by or under a hospital for the care of human beings or a medical school in conjunction with the department or school of ophthalmology of such medical school. Section 2. Said chapter is further amended by striking in its entirety Code Section 31-23-3, which reads as follows: 31-23-3. Any person operating a hospital for the care of human beings or a medical school for instruction in the medical care of human beings, acting alone or in conjunction with other charitable organizations, may establish and maintain an eye bank in such hospital or medical school upon approval for the establishment of an eye bank by the Department of Human Resources. Upon the establishment of any eye bank as authorized in this Code section, such persons may then begin the extraction, removal, care, preservation, storage, and use of human eyes or parts thereof for any of the purposes for which eye banks may be established. Persons who operate the same shall have the right to receive gifts, donations, and bequests for the purposes stated in this Code section., and inserting in lieu thereof a new Code Section 31-23-3 to read as follows: 31-23-3. Any hospital or any medical school in conjunction with the department or school of ophthalmology of such medical school, alone or in further conjunction with other charitable organizations, may establish and maintain an eye bank in or under such hospital or medical school upon approval for the establishment of the eye bank by the Department of Human Resources, if the eye bank meets the medical standards approved by the Eye Bank Association of America. Upon the establishment of any eye bank as authorized in this Code section, the extraction, removal, care, preservation, storage, and use of human eyes or parts thereof for any of the purposes for which eye banks may be established may begin in such facility or as authorized by such facility. The eye bank shall have the right to receive gifts, donations, and bequests for the purposes stated in this Code section.

Page 1501

Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 31-23-5 and inserting in lieu thereof a new subsection (a) to read as follows: (a) Upon the death of any donor, the persons holding a donor's unrevoked instrument of donation and maintaining and operating the donee eye bank may authorize any physician, or any embalmer licensed under Article 1 of Chapter 18 of Title 43, as now or hereafter amended, who has completed a course of training in eye extraction approved by the department, or any technician trained by and authorized by the eye bank to extract and remove the donated eyes or parts thereof for the eye bank in accordance with sound medical practices. Section 4. Said chapter is further amended by striking Code Section 31-23-8 in its entirety and inserting in lieu thereof a new Code Section 31-23-8 to read as follows: 31-23-8. Nothing in this chapter shall affect, interfere with, or change presently existing methods of the medical or scientific operation, treatment, examination, or instruction pertaining to the eyes of human beings as the same is now carried on in the hospitals or under the medical schools of this state. Section 5. Said chapter is further amended by striking Code Section 31-23-9 in its entirety and inserting in lieu thereof a new Code Section 31-23-9 to read as follows: 31-23-9. (a) It shall be unlawful: (1) For any person to sell either his eyes or any parts thereof or the eyes or any parts thereof of another person or to receive any remuneration for the giving of a human eye or any part thereof; (2) For the person or persons operating and maintaining any eye bank to sell any donated eye or donated part thereof or knowingly to extract, remove, or take possession of any human eye or part thereof for which any person received compensation or remuneration; or (3) For any person or persons to establish or operate any eye bank without approval of the department or otherwise not in accordance with this chapter.

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(b) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. Section 6. This Act shall become effective November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. PROBATE COURTS JURISDICTION. Code Section 15-9-30 Amended. No. 1443 (House Bill No. 1724). AN ACT To amend Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to jurisdiction of probate courts, so as to more fully enumerate the powers and duties of probate courts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to jurisdiction of probate courts, is amended by striking the Code section in its entirety and substituting in lieu thereof a new Code Section 15-9-30 to read as follows: 15-9-30. (a) Probate courts have authority, unless otherwise provided by law, to exercise original, exclusive, and general jurisdiction of the following subject matters: (1) The probate of wills;

Page 1503

(2) The granting of letters testamentary and of administration and the repeal or revocation of the same; (3) All controversies in relation to the right of executorship or administration; (4) The sale and disposition of the property belonging to, and the distribution of, deceased persons' estates; (5) The appointment and removal of guardians of minors and persons who are incompetent because of mental illness or mental retardation; (6) All controversies as to the right of guardianship; (7) The auditing and passing of returns of all executors, administrators, and guardians; (8) The discharge of former sureties and the requiring of new sureties from administrators and guardians; (9) All matters as may be conferred on them by Chapter 3 of Title 37; (10) All other matters and things as appertain or relate to estates of deceased persons and to persons who are incompetent because of mental illness or mental retardation; and (11) All matters as may be conferred on them by the Constitution and laws. (b) In addition to the jurisdiction granted in subsection (a) of this Code section and unless otherwise provided by law, the probate courts shall have the power to carry out the following duties as assigned by specific laws: (1) Perform county governmental administration duties; (2) Perform duties relating to elections; (3) Fill vacancies in public offices by appointment;

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(4) Administer oaths to public officers; (5) Accept, file, approve, and record bonds of public officers; (6) Register and permit certain enterprises; (7) Issue marriage licenses; (8) Hear traffic cases; (9) Receive pleas of guilty and impose sentneces in cases of violations of game and fish laws; (10) Hold criminal commitment hearings; and (11) Perform such other judicial and ministerial functions as may be provided by law. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. ACT REGULATING DEALERS IN PRECIOUS METALS, ETC. AMENDED. Code Title 43, Chapter 37 Amended. No. 1444 (House Bill No. 1495). AN ACT To amend an Act providing for the regulation of certain dealers in precious metals or gems, approved April 17, 1981 (Ga. L. 1981, p.

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1570), so as to change certain definitions; to provide for the administration of such Act by the appropriate law enforcement officer; to change the provisions relating to the registration of dealers in precious metals or gems; to change the provisions relating to notification of change of ownership or address of dealers in precious metals or gems; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act providing for the regulation of certain dealers in precious metals or gems, approved April 17, 1981 (Ga. L. 1981, p. 1570), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. Definitions. As used in this Act, the term: (1) `Dealer in precious metals or gems' means any person engaged in the business of purchasing precious metals or gems or goods made from precious metals or gems from persons or sources other than manufacturers or manufacturers' representatives or other dealers in precious metals or gems or a person engaged in any other business if, in conjunction with such business, precious metals or gems or goods made from precious metals or gems are purchased from persons or sources other than manufacturers or manufacturers' representatives or other dealers in precious metals or gems where the said purchase is for resale in its original form or as changed by remounting, melting, reforming, remolding, or recasting or for resale as scrap or in bulk. (2) `Gems' means any precious or semiprecious stone cut and polished. (3) `Numismatic coins' means coins whose value as collectors' items exceeds the value of the content of the precious metals in the coins. (4) `Person' means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organized.

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(5) `Precious metals' means gold, silver, or platinum or any alloy containing gold, silver, or platinum. 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. Registration as a dealer in precious metals or gems. (a) (1) The law enforcement officer designated to administer the provisions of this Act and register dealers in precious metals or gems in each county shall be the sheriff, unless the county has a county police department, in which case it will be the chief of the county police department. (2) The law enforcement officer designated to administer the provisions of this Act and register dealers in precious metals or gems in each municipality shall be the chief of police of the municipality. (b) (1) No person shall engage in business as a dealer in precious metals or gems until he has registered as a dealer in precious metals or gems for each separate place of business as provided herein. The registration shall be in writing and shall be sworn to or affirmed by the dealer in precious metals or gems. If the dealer's place of business is located within a municipality, the dealer shall register with the chief of police of the municipality. If the dealer's place of business is not located within a municipality, the dealer shall register with the sheriff of the county unless the county has a county police department in which event the dealer shall register with the county police department. As to any registration with the chief of police of a municipality or a county police department, a copy of each registration shall be transmitted by him to the sheriff of the county within seven days of the registration. The sheriff of the county shall maintain a record of all registrations which shall be available for public inspection. (2) The registration shall contain the name, address, and age of the dealer in precious metals or gems together with the names, addresses, and ages of all other persons having an ownership interest or actually employed in the business other than publicly held corporations.

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(3) No person shall be eligible to register as a dealer in precious metals or gems if any employee or stockholder, other than stockholders owning less than 10 percent of the outstanding shares of a publicly held corporation, has been convicted of a felony under the laws of this state or any other state or the United States. This provision shall not apply to any person who has been convicted of a felony after ten years have expired from the date of completion of the felony sentence. (4) All registrations shall contain the address of the premises upon which the business is conducted and the zoning and planning classification of the premises. (5) Each dealer shall be required to notify the appropriate law enforcement officer of the county or the municipality in which the dealer is registered within seven calender days of any change of address of the dealer or business or any change of ownership in the business. As to any notification with the chief of police of a municipality or a county police department, a copy of the change of address or ownership in the business shall be transmitted to the sheriff of the county within seven days of the notification. (c) Each applicant for registration shall possess a current business license in the county or municipality or shall pay an initial registration fee of $25.00 to be retained by the county or municipality to cover the cost of registering such persons. The registration shall be renewed annually upon presentation of a current business license by the dealer or by payment of a renewal fee of $10.00. (d) Nothing contained in this section shall be construed so as to authorize any person to transact business as a dealer in precious metals and gems without purchasing a current business license if required by the county or municipality. Section 3. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Written reports required. (a) Every dealer in precious metals or gems shall make a report in writing to the appropriate law enforcement officer of the county or municipality in which he is registered of all precious metals or gems or goods made from precious metals or gems purchased on the day previous to the date of the

Page 1508

report on forms approved or prescribed by the appropriate law enforcement officer of the county or the municipality. The report shall contain the information specified in paragraphs (1) through (5) of subsection (a) of Section 3 and shall be typewritten or handwritten in legible English and mailed or delivered to the appropriate law enforcement officer of the county or the municipality within 24 hours after the day on which the transactions occurred. (b) (1) All reports shall be maintained in a locked container under the direct supervision of the appropriate law enforcement officer of the county or municipality and shall be available for inspection only for law enforcement purposes. (2) The appropriate law enforcement officer of the county or municipality may, in his discretion, authorize any person to inspect the reports in an effort to locate stolen property who demonstrates theft of precious metals or gems by the presenting of an incident report or other similar document. Section 4. Said Act is further amended by striking in its entirety subsection (d) of Section 5 and inserting in lieu thereof a new subsection (d) to read as follows: (d) If the appropriate law enforcement officer of the county or municipality has probable cause to believe that the precious metals or gems have been stolen, he may give notice in writing to the dealer to retain the precious metals or gems for an additional 15 days and it shall be unlawful for the dealer to dispose of the property unless the notice is revoked in writing within the 15 day period. Part 2 Section 5. Chapter 37 of Title 43 of the Official Code of Georgia Annotated, relating to dealers in precious metals and gems, is amended by striking Code Section 43-37-1 in its entirety and inserting in lieu thereof a new Code Section 43-37-1 to read as follows: 43-37-1. As used in this chapter, the term: (1) `Dealer in precious metals or gems' means: (A) Any person engaged in the business of purchasing precious metals or gems or goods made from precious metals

Page 1509

or gems from persons or sources other than manufacturers, manufacturers' representatives, or other dealers in precious metals or gems; or (B) A person engaged in any other business if, in conjunction with such business, precious metals or gems or goods made from precious metals or gems are purchased from persons or sources other than manufacturers, manufacturers' representatives, or other dealers in precious metals or gems where such purchase is for resale in its original form or as changed by remounting, melting, re-forming, remolding, or recasting or for resale as scrap or in bulk. (2) `Gems' means any precious or semiprecious stone which is cut and polished. (3) `Numismatic coins' means coins whose value as collectors' items exceeds the value of the content of the precious metals in the coins. (4) `Person' means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organized. (5) `Precious metals' means gold, silver, or platinum or any alloy containing gold, silver, or platinum. Section 6. Said chapter is further amended by striking Code Section 43-37-2 in its entirety and inserting in lieu thereof a new Code Section 43-37-2 to read as follows: 43-37-2. (a) (1) The law enforcement officer designated to administer the provisions of this chapter and register dealers in precious metals or gems in each county shall be the sheriff, unless the county has a county police department, in which case it will be the chief of the county police department. (2) The law enforcement officer designated to administer the provisions of this chapter and register dealers in precious metals or gems in each municipality shall be the chief of police of the municipality.

Page 1510

(b) No person shall engage in business as a dealer in precious metals or gems until he has registered as a dealer in precious metals or gems for each separate place of business. The registration shall be in writing and shall be sworn to or affirmed by the dealer in precious metals or gems. If the dealer's place of business is located within a municipality, the dealer shall register with the chief of police of the municipality. If the dealer's place of business is not located within a municipality, the dealer shall register with the sheriff of the county unless the county has a county police department, in which event the dealer shall register with the county police department. As to any registration with the chief of police of a municipality or a county police department, a copy of each registration shall be transmitted by such chief of police to the sheriff of the county within seven days of the registration. The sheriff of the county shall maintain a record of all registrations, which record shall be available for public inspection. (c) The registration shall contain the name, address, and age of the dealer together with the names, addresses, and ages of all other persons having an ownership interest or actually employed in the business other than publicly held corporations. (d) No person shall be eligible to register as a dealer in precious metals or gems if any employee or stockholder, other than stockholders owing less than 10 percent of the outstanding shares of a publicly held corporation, has been convicted of a felony under the laws of this state or any other state or the United States. This subsection shall not apply to any person who has been convicted of a felony after ten years have expired from the date of completion of the felony sentence. (e) All registrations shall contain the address of the premises upon which the business is conducted and the zoning and planning classification of the premises. (f) Each dealer shall be required to notify the appropriate law enforcement officer of the county or the municipality in which the dealer is registered within seven calendar days of any change of address of the dealer or business or any change of ownership in the business. As to any notification of the chief of police of a municipality or a county police department, a copy of the change of address or ownership in the business shall be transmitted to the sheriff of the county within seven days of the notification.

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(g) Each applicant for registration shall possess a current business license in the county or municipality or shall pay an initial registration fee of $25.00 to be retained by the county or municipality to cover the cost of registering such persons. The registration shall be renewed annually upon presentation of a current business license by the dealer or by payment of a renewal fee of $10.00. (h) Nothing in this Code section shall be construed so as to authorize any person to transact business as a dealer in precious metals and gems without purchasing a current business license if so required by the county or municipality. Section 7. Said chapter is further amended by striking Code Section 43-37-4 in its entirety and inserting in lieu thereof a new Code Section 43-37-4 to read as follows: 43-37-4. (a) Every dealer in precious metals or gems shall make a report in writing to the appropriate law enforcement officer of the county or municipality in which he is registered, on forms approved or prescribed by the appropriate law enforcement officer of the county or the municipality, of all precious metals or gems or goods made from precious metals or gems purchased on the day previous to the date of the report. The report shall contain the information specified in paragraphs (1) through (5) of subsection (a) of Code Section 43-37-3 and shall be typewritten or handwritten in legible English and mailed or delivered to the appropriate law enforcement officer of the county or the municipality within 24 hours after the day on which the transactions occurred. (b) All reports shall be maintained in a locked container under the direct supervision of the appropriate law enforcement officer of the county or municipality and shall be available for inspection only for law enforcement purposes. (c) The appropriate law enforcement officer of the county or municipality may, in his discretion, authorize any person who demonstrates theft of precious metals or gems by the presenting of an incident report or other similar document to inspect the reports in an effort to locate stolen property. Section 8. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 43-37-6 and inserting in lieu thereof a new subsection (d) to read as follows:

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(d) If the appropriate law enforcement officer of the county or municipality has probable cause to believe that precious metals or gems have been stolen, he may give notice in writing to the dealer to retain the precious metals or gems for an additional 15 days; and it shall be unlawful for the dealer to dispose of the property unless the notice is revoked in writing within the 15 day period. Part 3 Section 9. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. ELECTION CODE AMENDED. Code Title 21 Amended. No. 1445 (House Bill No. 1900). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to substitute the terms precinct and voting precinct for the term election district; to require county and municipal precinct boundaries to meet certain standards; to authorize grants to counties and municipalities; to provide for all

Page 1513

related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking paragraphs (5), (9), (22), and (23) of Code Section 21-2-2 and inserting new paragraphs (5), (9), (22), (23), and (23.5) to read as follows: (5) `Election district' is synonymous with the terms `precinct' and `voting precinct.' (9) `Managers' means the chief manager and the assistant managers required to conduct primaries and elections in any precinct in accordance with this chapter. (22) `Polling place' means the room provided in each precinct for voting at a primary or election. (23) `Poll officers' means the chief manager, assistant managers, and clerks required to conduct primaries and elections in any precinct in accordance with this chapter. (23.5) `Precinct' is synonymous with the term `voting precinct' and means a geographical area, established in accordance with this chapter, within which all electors vote at one polling place. Section 2. Said title is further amended by striking Code Sections 21-2-260 through 21-2-264 and inserting in their place new Code sections to read as follows: 21-2-260. Each election district existing as of December 31, 1982, shall constitute a separate precinct until and unless changed as provided in this article. 21-2-261. (a) The superintendent of a county may, on petition as provided in Code Section 21-2-262, divide or redivide any precinct in that county into two or more precincts of compact and contiguous territory, or alter the bounds of any precinct in that county, or form a precinct out of two or more adjoining precincts or parts of precincts in that county, or consolidate adjoining precincts in that county, so as to suit the convenience of the electors and to promote the public interests.

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(b) No new precinct shall be formed that shall contain less than 100 electors. (c) The bounds of a precinct shall not be altered on a day in which a primary or election is held, or during the period of 60 days prior to any general primary or election, or during the period of 30 days prior to any special primary or election. The superintendent shall promptly notify the board of registrars of any change in the bounds of precincts. (d) Any precinct established or altered on or after July 1, 1983, must conform with the requirements of subsection (a) of Code Section 21-2-261.1. 21-2-261.1. (a) All voting precincts established or altered on or after July 1, 1983, shall consist of areas which are bounded on all sides only by: (1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps; or (2) The boundaries of counties and incorporated municipalities. (b) No later than January 1, 1984, the superintendent shall move the boundaries of all precincts so that they conform to the requirements of subsection (a) of this Code section and continue to promote the convenience of electors and the public interests. The superintendent shall within 30 days prior to the establishment of any new boundaries required to conform with subsection (a) publish a notice of such changes once a week for two weeks in the county organ and post a conspicuous notice of such changes in at least five public and conspicuous places in each affected precinct. At least one such notice shall be posted at or in the immediate vicinity of the polling place in each affected precinct. Each notice shall state the date upon which adoption of such changes is proposed to be made and shall direct interested persons to address their comments or questions to the superintendent. (c) The superintendent shall notify the board of registrars within ten days after such changes are adopted.

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(d) Not later than February 1, 1984, each superintendent shall file with the Secretary of State a current copy of a map of all precincts in the county. Thereafter the superintendent shall file with the Secretary of State: (1) A map reflecting any changes in precincts within 20 days after the changes are made; (2) A copy of any communications to or from the United States Justice Department relating to any precincts within 20 days after such communication is sent or received; (3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed; (4) A copy of any court order affecting any precincts within 20 days after it is entered; and (5) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state. 21-2-262. (a) Upon the petition of 20 electors or of the county executive committee of a political party to the superintendent of the county, praying for the division or redivision of a precinct into two or more precincts, or for the alteration of the bounds of any precinct, or for the formation of one or more precincts out of two or more existing precincts or parts thereof, or for the consolidation of adjoining precincts, the superintendent shall refer such petition to the board of registrars, which shall make a full investigation of the facts and shall promptly report to the superintendent its findings and recommendations as to the division, redivision, alteration, formation, or consolidation of the precincts prayed for. If the board of registrars shall find that a division, redivision, alteration, formation, or consolidation of precincts will promote the convenience of the electors and the public interests, it shall recommend a proper division, redivision, alteration, formation, or consolidation of precincts which conform to the requirements of subsection (a) of Code Section 21-2-261.1 and shall accompany its report with a map, plot, or draft of the new election precinct or precincts proposed by it. Such petitions may specify the boundaries desired by the petitioners and may be accompanied by a map setting forth such boundaries.

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(b) The board of registrars may also petition the superintendent for the division or redivision of any precinct into two or more precincts, or for the alteration of the bounds of any precinct, or for the formation of one or more precincts out of two or more existing precincts or parts thereof, or for the consolidation of adjoining precincts, accompanying its petition by a description of the proposed new precincts and by a map, plot, or draft thereof. (c) Upon the presentation of any such petition by the board of registrars or upon the filing by the board of its report and recommendations as to any petition presented under subsection (a) of this Code section, the superintendent may make such order for the division, redivision, alteration, formation, or consolidation of precincts as will, in his opinion, promote the convenience of electors and the public interests; provided, however, that the superintendent shall not make any final order for the division, redivision, alteration, formation, or consolidation of precincts until at least ten days after notice shall have been posted in at least five public and conspicuous places in the precinct or precincts to be affected thereby, one of which notices shall be posted on or in the immediate vicinity of the polling place in each such precinct. Such notice shall state briefly the division, redivision, alteration, formation, or consolidation of precincts recommended by the board of registrars and the date upon which the same will be considered by the superintendent and shall contain a warning that any person objecting thereto must file his objections with the superintendent prior to such date. Upon the making of any such final order by the superintendent, a copy thereof shall be certified by him to the board of registrars. (d) Any other provisions of this Code section to the contrary notwithstanding, in all counties of this state having a population of 500,000 or more according to the United States decennial census of 1970 or any future such census, the notice of changes in precincts shall be accomplished by sending such notices by first-class mail to the electors affected thereby at the addresses of such electors shown on the electors list; and such notices shall be in lieu of any other notices required by this subsection. (e) In any county having a population of more than 250,000 according to the United States decennial census of 1970 or any such future census, the powers and duties conferred upon the superintendent by this Code section and Code Sections 21-2-261 and 21-2-261.1 shall be exercised and performed by the governing authority of the county.

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21-2-263. If at the previous general election a precinct contained more than 2,000 electors and if all those electors desiring to vote had not completed voting one hour following the closing of the polls, the superintendent shall reduce the size of said precinct so that it shall contain not more than 2,000 electors in accordance with the procedures prescribed by this chapter for the division, alteration, and consolidation of precincts. For administering this Code section, the chief manager of a precinct which contained more than 2,000 electors at the previous general election shall submit a report thereof, under oath, to the superintendent as to the time required for completion of voting by all persons in line at the time the polls were closed. Any such change in a precinct shall conform with the requirements of subsection (a) of Code Section 21-2-261.1. 21-2-264. In all cases of the division, redivision, alteration, formation, or consolidation of precincts, the costs of the proceedings shall be paid by the county. There may be appropriated to the Secretary of State funds to be granted to counties on the basis of population for purposes of meeting the requirements of Code Section 21-2-261.1. Section 3. Said title is further amended by striking paragraphs (5), (10), (22), and (23) of Code Section 21-3-2 and inserting new paragraphs (5), (10), (22), (23), and (23.5) to read as follows: (5) `Election district' is synonymous with the terms `precinct' and `voting precinct.' (10) `Managers' means the chief manager and the assistant managers required to conduct municipal primaries and elections in any precinct in accordance with this chapter. (22) `Poll officers' means the chief manager, assistant managers, and clerks required to conduct municipal primaries and elections in any precinct in accordance with this chapter. (23) `Polling place' means the room provided in each precinct for voting at a municipal primary or election. (23.5) `Precinct' is synonymous with the term `voting precinct' and means a geographical area, established in accordance with this chapter, within which all electors vote at one polling place.

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Section 4. Said title is further amended by striking Code Sections 21-3-160 through 21-3-163 and inserting new Code Sections 21-3-160, 21-3-161, 21-3-161.1, 21-3-162, and 21-3-163 to read as follows: 21-3-160. Each municipal election district existing as of December 31, 1982, shall constitute a separate precinct until and unless changed as provided in this article. Insofar as practicable, the precincts shall be the same as those for state and county elections. 21-3-161. (a) The governing authority of the municipality in which precincts are located may divide or redivide any precinct into two or more precincts of compact and contiguous territory, or alter the bounds of any precinct, or form a precinct out of two or more adjoining precincts or parts of precincts, or consolidate adjoining precincts, so as to suit the convenience of the electors and to promote the public interests. (b) The bounds of a precinct shall not be altered on a day in which a primary or election is held, or during the period of 60 days prior to any general primary or election, or during the period of 30 days prior to any special primary or election. The governing authority shall promptly notify the board of registrars of any change in the bounds of precincts. (c) Any precinct established or altered on or after July 1, 1983, must conform with the requirements of subsection (a) of Code Section 21-3-161.1. 21-3-161.1. (a) All voting precincts established or altered on or after July 1, 1983, shall consist of areas which are bounded on all sides only by: (1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps; or (2) The boundaries of counties and incorporated municipalities. (b) No later than January 1, 1984, the governing authority shall move the boundaries of all precincts so that they conform to the

Page 1519

requirements of subsection (a) of this Code section and continue to promote the convenience of electors and the public interests. The governing authority shall within 30 days prior to the establishment of any new boundaries required to conform with subsection (a) publish a notice of such changes once a week for two weeks in the county organ and post a conspicuous notice of such changes in at least five public and conspicuous places in each affected precinct. At least one such notice shall be posted at or in the immediate vicinity of the polling place in each affected precinct. Each notice shall state the date upon which adoption of such changes is proposed to be made and shall direct interested persons to address their comments or questions to the superintendent. (c) The governing authority shall notify the board of registrars within ten days after such changes are adopted. (d) Not later than February 1, 1984, each governing authority shall file with the Secretary of State a current copy of a map of all precincts in the municipality. Thereafter the governing authority shall file with the Secretary of State: (1) A map reflecting any changes in precincts within 20 days after the changes are made; (2) A copy of any communications to or from the United States Justice Department relating to any precincts within 20 days after such communication is sent or received; (3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed; (4) A copy of any court order affecting any precincts within 20 days after it is entered; and (5) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state. 21-3-162. In all cases of the division, redivision, alteration, formation, or consolidation of precincts, the costs of the proceedings shall be paid by the governing authority. There may be appropriated to the Secretary of State funds to be granted to municipalities on the basis of population for purposes of meeting the requirements of Code Section 21-3-161.1.

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21-3-163. The governing authority shall select and fix the polling place within each precinct. Insofar as is practicable, the same polling places shall be used as are used in state and county elections. Except in case of an emergency or unavoidable event occurring within ten days of a primary or election, which event renders any polling place unavailable for use at such primary or election, the governing authority shall not change any polling place until at least ten days after notice of the proposed change shall have been posted on the existing polling place and at three other places in the immediate vicinity thereof. Section 5. Said title is further amended by superseding and replacing current provisions of the title with the correspondingly numbered Code sections and parts of Code sections set out below, the intent of this section being to replace the term election district each time it appears in said title with the word precinct: (1) Code Section 21-2-70, paragraphs (1) and (8): (1) To receive and act upon all petitions presented by electors, the board of registrars, or the county executive committee of a political party for the division, redivision, alteration, change, or consolidation of precincts;. (8) To instruct poll officers and others in their duties, calling them together in meetings whenever deemed advisable, and to inspect systematically and thoroughly the conduct of primaries and elections in the several precincts of his county to the end that primaries and elections may be honestly, efficiently, and uniformly conducted;. (2) Code Section 21-2-90: 21-2-90. All elections and primaries shall be conducted in each precinct by a board consisting of a chief manager, who shall be chairman of such board, and two assistant managers assisted by clerks. The managers of each precinct shall be appointed by the superintendent. If the political parties involved elect to do so, they may submit to the superintendent, for his consideration in making such appointment, a list of qualified persons. When such lists are submitted to him, the superintendent, insofar as practicable, shall make his appointments so that there shall be equal representation on such boards for the political parties involved in such elections or

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primaries. The superintendent shall make each appointment by entering an order which shall remain of record in his office and shall transmit a copy of such order to the appointee. The order shall include the name and address of the appointee, his title, and a designation of the precinct and primary or election in which he is to serve. (3) Code Section 21-2-132, paragraph (3) of subsection (e): (3) The name of his precinct;. (4) Code Section 21-2-152: 21-2-152. Primaries shall be held and conducted in all respects in accordance with this chapter relating to general elections and the provisions of this chapter relating to general elections shall apply thereto, insofar as practicable and not inconsistent with any other provisions of this chapter. All such primaries shall be conducted in each precinct by the poll officers, by the use of the same equipment and facilities, so far as practicable, as are used for such general elections. (5) Code Section 21-2-153, paragraph (3) of subsection (e): (3) The name of his precinct;. (6) Code Section 21-2-217, subsection (a): (a) The registration cards for use by persons other than absentee applicants shall, after March 18, 1976, be in the following form only, but cards existing as of that date are not required to be changed. The form may be printed on cards or separate sheets, but for convenience, the card or sheets of paper shall be referred to as the `registration card.' REGISTRATION CARD

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Page 1523

QUESTIONS POPOUNDED TO APPLICANT (The space above shall be marked approved or rejected after the examination of the applicant's qualification.) (7) Code Section 21-2-228: 21-2-228. Any person who has registered for a general primary or election, if otherwise qualified to vote at any special primary or election occurring before the next November election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day, if such date is a Sunday or a legal holiday, then on the next following business day, after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein and proceed to examine the qualifications of the applicants in the same manner as provided in this article with reference to applicants desiring to qualify to vote in November elections. The registrars shall then prepare a supplemental list showing the names of additional electors who are entitled to vote at such special primary or election, and any person whose name appears on such list may vote at such special primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235; but the registrars shall purge such list, before filing it, of all persons who will not be qualified to vote, in the same manner as provided with reference to the list for a November election. A certified list so prepared, arranged alphabetically, and divided according to precincts

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as in the case of November election lists shall be filed with the clerk of the superior court and the Secretary of State within ten days after the call of such special primary or election. It shall be the duty of the registrars upon the call of a special primary or election to purge the list of electors prepared for the last November election of any names subsequently disqualified for any reason and to furnish the poll officers of such special primary or election two lists, one composed of the names of electors entitled to vote by reason of their registration for the last November election and the other made up of the names of those entitled to vote by reason of their subsequent registration as provided in Code Section 21-2-227, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235. No one shall be entitled to vote in such special primary or election unless his name is on one of the lists furnished by the registrars. The registrars may combine such lists. No provision of this Code section is intended to conflict with the Constitution of Georgia prohibiting the special registration of electors to vote in a special election to pass upon the issuance of bonds. (8) Code Section 21-2-234, subsection (a): (a) Within three days after completing a list of electors as provided for in Code Section 21-2-233, the registrars shall file with the clerk of the superior court of their county and the Secretary of State a certified copy of such list accompanied by their certification of the number of electors by race in each precinct 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 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 1 for the name of each elector appearing thereon. The list shall be alphabetically arranged by precints and shall include addresses and ZIP codes. No person whose name does not appear on such list shall vote or be allowed to vote at any election, except as otherwise provided in this article. (9) Code Section 21-2-238: 21-2-238. All persons whose names appear on the list of electors placed in the possession of the managers in each precinct, and no others, shall be allowed to deposit their ballots according to law at the precinct in which they are registered; provided, however, that nothing in this Code section shall prevent the voting of electors in one central

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location in the county if provisions are made in that central location for voters to vote as they otherwise would be permitted to vote in their respective precincts; and provided, further, that at least one polling place shall be open in each precinct during each primary and each election. (10) Code Section 21-2-240, subsections (d) and (e): (d) Any provision of this chapter 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 precinct in which he is registered to vote. (e) Any elector who moves to a residence within the county but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact 30 days prior to an election or primary shall vote in the precinct 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 by each such elector to reflect his present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail. (11) Code Section 21-2-265: 21-2-265. (a) The superintendent shall select and fix the polling place within each precinct and may, either on his own motion or on petition of ten electors of a precinct, change the polling place within any precinct. Except in case of an emergency or unavoidable event occurring within ten days of a primary or election, which emergency or event renders any polling place unavailable for use at such primary or election, the superintendent shall not change any polling place until at least ten days after notice of the proposed change shall have been posted on the existing polling place and at three other places in the immediate vicinity thereof and until at least five days after written notice of the proposed change shall have been given to the occupant or owner of such polling place or his agent.

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(b) Except in case of an emergency or unavoidable event occurring within ten days of a primary or election, which emergency or event renders any polling place unavailable for use, if a petition is presented to the superintendent on or before the day set for hearing of the petition for change of a polling place, signed by 20 percent of the electors of the precinct objecting to the proposed change, such change shall not be ordered. (c) In primaries, the superintendent in selecting and fixing the polling place in each precinct shall select a polling place which will provide adequate space for all parties conducting their primaries therein. (d) The superintendent, in selecting and fixing a polling place in each precinct, shall select, if practicable, a polling place with suitable and appropriate access to handicapped voters. If no such practicable locations exist within the precinct, the superintendent may effect temporary modifications to such existing locations as will, in his judgment, provide more convenient and appropriate access to the polling place by the handicapped voter. On and after July 1, 1984, however, no polling place shall be selected or used under any circumstances which does not have suitable and appropriate access to the handicapped for the purpose of voting; and on and after that date any person, whether or not personally aggrieved, may bring an action for mandamus to require that all polling places in the county have suitable and appropriate access to the handicapped for the purpose of voting. (12) Code Section 21-2-266, subsection (b): (b) The superintendent, in his discretion, may procure and provide portable or movable polling facilities of adequate size for any precinct. (13) Code Section 21-2-267, subsection (b): (b) The superintendent, unless otherwise provided by law, may make such arrangements as he deems proper for the storage of election equipment in the various precincts of the county at such times of the year that it will not be used for election purposes and may fix reasonable compensation therefor.

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(14) Code Section 21-2-269: 21-2-269. If, in any precinct, no proper polling place can be obtained, the superintendent shall cause to be constructed for such precinct a temporary room of adequate size to be used as a polling place. (15) Code Section 21-2-284, subsections (a) and (e): (a) In each primary separate official ballots shall be prepared for the political party holding the primary. At the top of each ballot shall be printed in prominent type the words `OFFICIAL PRIMARY BALLOT OF PARTY FOR,' followed by the designation of the precinct for which it is prepared and the name and date of the primary. (e) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require. (16) Code Section 21-2-285, subsections (a) and (g): (a) At the top of each ballot for an election shall be printed in prominent type the words `OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election. (g) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require. (17) Code Section 21-2-286, subsection (b): (b) All ballots for use in the same precinct at any primary or election shall be alike and shall contain only the names of the candidates and issues to be voted on in such precinct. They shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as `brevier' or `eight point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each

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ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 50 or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: `Tear off before depositing ballot in ballot box.' (18) Code Section 21-2-287: 21-2-287. The form for the absentee ballot shall be in substantially the same form as the official ballots used in the precincts, except it shall be printed with only the name stub and without a number strip. (19) Code Section 21-2-290: 21-2-290. The superintendent shall provide, for each precinct in which a primary or election is to be held, a number of ballots equal to the number of registered electors. (20) Code Section 21-2-292: 21-2-292. The superintendent shall have on file in his office open to public inspection, at least five days prior to the day of holding each primary and election, forms of the ballots, with the names and such statements and notations printed thereon as may be required by this chapter. Such forms shall be used in each precinct within the county. (21) Code Section 21-2-294: 21-2-294. The superintendent shall keep a record of the number of official ballots printed and furnished to each precinct at each primary and election and of the number of stubs, unused ballots, and canceled ballots subsequently returned therefrom.

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(22) Code Section 21-2-323, subsections (a) and (b): (a) When the use of voting machines has been authorized in the manner prescribed by Code Section 21-2-320 or 21-2-321, such voting machines shall be installed, either simultaneously or gradually, within the county. Upon the installation of voting machines in any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which voting machines are used, the governing authority shall provide at least one voting machine for each 500 electors, or major fraction thereof, except that at least one voting machine shall be provided in each such precinct in any case. (23) Code Section 21-2-235, subsection (i): (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties, the superintendent may arrange in each precinct for the names of the candidates to be placed on separate voting machines; provided, however, that the names of all the candidates seeking nomination in any one political party shall appear on one machine. (24) Code Section 21-2-326: 21-2-326. If ballot labels for a precinct at which a voting machine is to be used are not delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (25) Code Section 21-2-327, subsections (a) and (c): (a) The superintendent of each county shall cause the proper ballot labels to be placed on each voting machine which is to be used in any precinct within such county, cause each machine to be placed in proper order for voting, examine each machine before it is sent out to a polling place, see that each registering counter on each machine is set at zero, lock each machine so that the counting machinery cannot

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be operated, and seal each machine with a numbered seal. The superintendent or his agent shall adjust each machine to be used at a primary, so that the poll officers may lock it on primary day, in such a way that each elector can vote only for the candidates seeking nomination by the political party in whose primary he is then voting and so that no elector can vote for the candidates seeking nomination by any political party in whose primary he is not then voting. (c) On or before the twelfth day preceding a primary or election, the superintendent shall mail to the foreman of the grand jury, the chairman of the county executive committee of each political party which shall be entitled under existing laws to participate in primaries within the county, and to the chairman or presiding officer of any organization of citizens within the county having as its purpose or among its purposes the investigation or prosecution of primary and election frauds, which has registered its name and address and the names of its principal officers with the superintendent at least 30 days before such primary or election, and, in the case of an election, to the appropriate committee of each political body which shall be entitled to have the names of its candidates entered on the voting machines, and to each independent candidate who shall be entitled to have his name printed on the voting machines, a written notice stating the times when and the place or places where preparation of the machines for use in the several precincts in the county will be started. The grand jury shall appoint a committee, consisting of three of its members, which shall inspect the machines and see that the machines are properly prepared and are placed in proper condition and order for use. In the event the committee of the grand jury fails to be present, the superintendent shall immediately appoint a panel consisting of three electors to perform the duties of the committee of the grand jury set forth in this Code section. Further, one representative of each political party or body, certified by the chairman of such committee, and one representative of each aforementioned organization of citizens, certified by the chairman or presiding officer of such organization, and any such independent candidate or his certified agent shall be entitled to be present during the preparation of the machines and to see that the machines are properly prepared and are placed in proper condition and order for use. Such committee of the grand jury, representatives, or candidates shall not, however, interfere with the preparation of the machines; and the superintendent may make such reasonable rules and regulations concerning the conduct of such representatives and candidates.

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(26) Code Section 21-2-328, subsection (a): (a) The superintendent shall deliver the proper voting machine or voting machines, properly furnished with ballot labels, to the polling places of the respective precincts at least one hour before the time set for opening the polls at each primary or election and shall cause each machine to be set up in the proper manner for use in voting. Each machine shall then remain sealed until the examination immediately preceding the opening of the polls prescribed by this chapter. (27) Code Section 21-2-329: 21-2-329. The superintendent shall deliver the keys which unlock the operating mechanism and the registering counters or counter compartment of the voting machine to the chief manager not later than one hour before the time set for the opening of the polls and shall take his receipt therefor. The keys shall be enclosed in a sealed envelope on which shall be written or printed: (1) The number of the voting machine; (2) The designation of the precinct; (3) The number of the seal; and (4) The number registered on the protective counter or device as reported by the custodian; provided, however, that, if the type of voting machine used requires the simultaneous use of three keys to unlock the registering counters or counter compartment, only two of the said keys shall be enclosed in such sealed envelope, the third key being retained by the custodian or the superintendent. (28) Code Section 21-2-332: 21-2-332: In precincts in which voting machines are used, the superintendent may, in his discretion, procure and provide portable polling facilities of adequate size for any or all of such precincts. (29) Code Section 21-2-352, subsections (a) and (b):

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(a) When the use of vote recorders has been authorized in the manner prescribed in this part, such vote recorders shall be installed, either simultaneously or gradually, within the county. Upon the installation of vote recorders in any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which vote recorders are used, the governing authority shall provide at least one vote recorder for each 200 electors therein, or fraction thereof. (30) Code Section 21-2-356, subsection (a): (a) If ballot labels for a precinct at which a vote recorder is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (31) Code Section 21-2-359, subsection (a): (a) The superintendent of each county shall cause the proper ballot labels to be placed on each vote recorder which is to be used in any precinct within such county and shall cause each vote recorder to be placed in proper order for voting. (32) Code Section 21-2-380: 21-2-380. As used in this article, the term `absentee elector' means an elector of this state who is required to be absent from his precinct 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 chapter 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.

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(33) Code Section 21-2-384, subsection (c) and (d): (c) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:

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The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-579, 21-2-568, or 21-2-573, shall be guilty of a misdemeanor. (d) Each board of registrars shall maintain for public inspection a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to closing of the polls on the day of the primary or election. (34) Code Section 21-2-386, subsections (a), (b), and (c): (a) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying information on the oath with the information on file in his office and shall, if the information and signature appear to be valid, so certify by signing his name below the voter's oath. Each elector's

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name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not comply with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope `Rejected,' giving the reason therefor. The board of registrars shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars for at least one year. A special set of numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Four copies of the numbered list of certified absentee electors and the numbered list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. (b) After the close of the polls on the day of the primary or election, in precincts 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 precinct 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 chapter 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 precincts 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.

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(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, all absentee ballots shall be separated by precinct for counting purposes; and separate returns shall be certified for each precinct in which absentee ballots were cast. (35) Code Section 21-2-388: 21-2-388. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector, other than one whose physical disability, official election duties, or observance of a religious holiday prevents his attendance at the polls, is present in the precinct of his residence during the time the polls are open in any primary, election, or runoff for which he has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways: (1) By surrendering his absentee ballot to the poll manager of the precinct in which his name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark `Canceled' and the date and time across the face of the absentee ballot and shall initial same. He shall also make appropriate notations beside the name of the elector on the electors list. All such canceled absentee ballots shall be returned with other ballots to the superintendent; (2) By appearing in person before the registrars and requesting in writing that the envelope containing his absentee ballot be marked `Canceled.' After having satisfied themselves as to the identity of such elector, the registrars shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit him to vote in person in his precinct. If the absentee ballot is in the possession of the registrars, it shall be promptly marked `Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the registrar shall write `Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner

Page 1537

as provided in subsection (a) of Code Section 21-2-386 for absentee ballots returned too late to be cast. (36) Code Section 21-2-400, subsection (a): (a) Prior to each primary and election, the superintendent shall obtain from the Secretary of State a sufficient number of cards of instruction for guidance of electors. Such cards of instruction shall include such portions of this chapter as deemed necessary by the Secretary of State and shall be printed for the type of voting used in the county, that is, paper ballots, voting machines, or vote recorders. The superintendent shall also obtain from the Secretary of State a sufficient number of blank forms of oaths of poll officers, voter's certificates, notices of penalties, oaths of assisted electors, numbered list of voters, tally sheets, return sheets, and such other forms and supplies required by this chapter, in each precinct of the county. (37) Code Section 21-2-401: 21-2-401. (a) The cards of instruction, return sheets, tally sheets, oaths of poll officers, affidavits, and other forms and supplies required for use in each precinct, and, in precincts in which ballots are used, the official ballots prepared for use therein shall be packed by the superintendent in separate sealed packages for each precinct, marked on the outside so as to designate clearly the precincts for which they are intended and, in the case of precincts in which ballots are used, the number of ballots enclosed. They shall then be delivered by the superintendent, together with the ballot box which shall bear the designation of the precinct, to the managers in the several precincts prior to the hour appointed for opening the polls. In primaries, the parties shall decide whether to use the same ballot box or to use separate ballot boxes. The managers of the respective precincts shall, on delivery to them of such packages, return receipts therefor to the superintendent, who shall keep a record of the time when and the manner in which the several packages are delivered. The superintendent may, in his discretion, require the managers of the respective precincts to call at his office to obtain such packages. (b) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each precinct one copy of the certified electors list for such precinct, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered an absentee ballot. The

Page 1538

list for a given precinct may be divided into as many alphabetical sections as is deemed necessary. Such list of electors shall be authenticated by the signatures of at least two of the registrars. The managers of the respective precincts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective precincts to call at their office to obtain such lists. (38) Code Section 21-2-402, subsection (b): (b) The voter's certificates shall be so prepared as to be capable of being inserted by the poll officers in a suitable binder to be furnished by the Secretary of State, in sufficient quantities for each precinct, for each primary or election. The binder shall have written thereon the words `Voter's Certificates' and shall have a space for filling in the designation of the precinct and the date of the primary or election. (39) Code Section 21-2-405, subsections (a) and (c): (a) The required poll officers shall meet in the respective places appointed for holding the primary or election in each precinct at least 30 minutes before the hour for opening the polls on the day of each primary or election. Before entering upon their duties at any primary or election, all poll officers shall take and subscribe in duplicate the oaths required by this chapter. (c) After the poll officers of a precinct have been organized, the chief manager shall designate one of the assistant managers to have custody of the electors list. In precincts in which ballots are used, the other assistant manager shall have charge of the receipt and deposit of ballots in the ballot box, the chief manager or one of the clerks shall issue the ballots to electors after they are found entitled to vote, and the other clerk shall have custody of the voter's certificate binder and shall place the voter's certificates therein as they are received and approved. In precincts in which voting machines are used, the other assistant manager or clerk shall have custody of the voter's certificate binder and shall place the voter's certificates therein as they are received and approved, and the chief manager shall have special charge of the operation of the voting machine; provided, however, that the chief manager may make other arrangements for the division

Page 1539

of the duties imposed by this chapter, so long as each poll officer is assigned some specific duty to perform. In all precincts, the chief manager shall assign an assistant manager or a clerk to keep a numbered list of voters, in sufficient counterparts, during the progress of the voting. (40) Code Section 21-2-408, subsections (a) and (b): (a) In a primary of 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 precinct in which he wishes to have 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 precinct, 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 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 precinct. 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. (41) Code Section 21-2-409, subsection (b): (b) Any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment

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or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than five such electors in any primary, election, or runoff. (42) Code Section 21-2-411: 21-2-411. The chief manager in each precinct shall return a checked list of electors, reflecting those who voted and those who received assistance in voting and the voter's certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voter's certificates for at least 24 months and such electors lists for at least ten years, and the same shall be available for public inspection. (43) Code Section 21-2-431, subsection (c): (c) Except as provided in Code Sections 21-2-238, 21-2-240, and 21-2-386, no person shall vote at any primary or election at any polling place outside the precinct in which he resides, nor shall he vote in the precinct in which he resides unless he has been registered as an elector and his name appears on the electors list of such precinct. (44) Code Section 21-2-440, subsection (a): (a) Immediately after the vote has been counted in precincts in which paper ballots are used, all of the general returns shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general returns, he shall write his reasons therefor upon the general return sheets. One of such returns shall be immediately posted for the information of the public outside the polling place or place of tabulation, one of such returns shall be returned sealed to the superintendent in an envelope prepared for the Secretary of State, and one shall be entrusted to the chief manager for delivery to the superintendent with the package of unused ballots and other election supplies in an envelope provided for that purpose. The poll officer shall then replace all the ballots cast, so counted and canvassed, in the ballot boxes, including those declared void, spoiled, and canceled, together with the voter's certificates, one set of the tally papers, one general return sheet, one numbered list of voters, sealed as aforesaid, and one oath of each poll officer, and lock and seal each ballot box so that nothing can be inserted therein until it is opened again; and the chief manager and

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an assistant manager shall immediately deliver the ballot boxes to the custody of the superintendent. The superintendent shall not compute any returns from any precinct until the ballot boxes therefor, as well as the package of unused ballots and other election supplies therefrom, are so delivered. (45) Code Section 21-2-451, subsection (c): (c) Except as provided in Code Sections 21-2-238 and 21-2-386, no person shall vote at any primary or election at any polling place outside the precinct in which he resides, nor shall he vote in the precinct in which he resides unless he has been registered as an elector and his name appears on the electors list of such precinct. (46) Code Section 21-2-455, subsections (b) and (c): (b) The vote as registered shall be entered by the poll officers, in ink, on duplicate return sheets and also on a general return sheet and statement, all of which, after the canvass is completed, shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general or duplicate return sheets or statement, he shall write his reasons therefor upon such sheets. The vote for presidential electors shall be computed and returned as provided in subsection (e) of Code Section 21-2-452. If more than one voting machine is used in any precinct, the vote registered on each machine shall be ascertained in like manner and separately entered in appropriate spaces on the general and duplicate return sheets and statement. The total vote cast for each candidate and for and against each question, shall then be computed and entered on the general and duplicate return sheets and statement. There shall also be entered on the general return sheet and statement the number of electors who have voted, as shown by the numbered list of voters, electors list, and voter's certificates, and the number on each machine, as shown by the public counters. The number registered on the protective counter or device on each machine immediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine and the number or other designation of each machine used shall also be entered thereon. In the case of primaries, duplicate return sheets shall be prepared as for other elections. The registering counters of the voting machine or the paper proof sheets, as the case may be, shall remain exposed to view until the said returns and all other reports have been fully completed and checked by the poll officers. During such time, any candidate or his representative who may desire to be present shall be admitted to the polling place.

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(c) The proclamation of the result of the votes cast shall be announced distinctly and audibly by the chief manager, who shall read the name of each candidate, the designation or designating numbers and letters of his counters, and the vote registered on each counter, as well as the vote cast for and against each question submitted. During such proclamation, ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the machine or with the paper proof sheets, as the case may be, and any necessary corrections shall then and there be made by the poll officers, after which the doors or other cover of the voting machine shall be closed and locked. Any ballots written, deposited, or affixed in or upon the voting machine shall be enclosed in properly sealed packages and properly endorsed and shall be delivered by the chief manager as provided in this part. The chief manager shall promptly deliver to the superintendent or his representative the keys of the voting machine, enclosed in a sealed envelope, if the construction of the voting machine shall permit their separate return. Such envelope shall have endorsed thereon a certificate of the poll officers stating the number of the machine, the precinct where it has been used, the number on the seal, and the number on the protective counter or device at the close of the polls. (47) Code Section 21-2-472: 21-2-472. Upon completion of the count of write-in votes, the manager shall prepare and sign a return, in sufficient counterparts, showing: (1) The number of valid ballot cards, including any that are damaged; (2) The number of write-in ballots voted and the tally of the write-in votes; (3) The number of spoiled and invalid ballot cards; and (4) The number of unused ballot cards. The manager shall then place one copy of the return, the voted ballot cards, defective, spoiled, and invalid ballot cards, and write-in ballots, each enclosed in an envelope, in the ballot card container, which shall be sealed and signed by the manager so that it cannot be opened without breaking the seal. The managers shall then deliver in

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the custody of at least two poll officers the container to the tabulating machine center or other place designated by the superintendent and shall receive a receipt therefor. The remaining copies of the returns, unused ballot cards, records, vote recorders, and other materials shall be returned in the same manner as similar materials in precincts in which voting machines and paper ballots are used. (48) Code Section 21-2-473: 21-2-473. As soon as the polls are closed and the last elector has voted in precincts in which vote recorders are used, the poll officers shall: (1) Place the voter recorders under lock or seal; (2) Open each ballot box and count the number of ballots cast; (3) Examine the ballot cards and separate the write-in ballots for later counting; (4) Place ballot cards in the ballot container to be taken to the tabulating machine center or centers, as designated by the superintendent; (5) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot card voted by the same elector, so that write-in ballots may be identified with the corresponding ballot cards; (6) Examine each write-in vote to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector. If any vote cast on the write-in ballot in combination with the vote cast for the same office on the ballot card exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted. The ballot of such elector shall be kept with the write-in ballot, on which shall be written a notation that the vote or votes cast for the office concerned are invalid because they exceed the number allowed by law. The write-in ballot and the ballot card of such elector shall be returned with the defective ballot cards to the tabulating machine center, where, in the discretion of the superintendent, either a

Page 1544

duplicate ballot card shall be made on which any invalid vote shall be omitted or the write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote; (7) After the write-in ballots have been counted and the returns prepared, place the write-in ballots in an envelope marked `Write-in Ballots' and designate the polling place and the number of write-in ballots contained therein on such envelope, which shall be sealed and signed by the managers and placed in the ballot container with the other ballot cards; (8) Place any ballot card that is so torn, bent, or mutilated that it may not be counted by the tabulating machine in an envelope marked `Defective Ballots' and place the envelope in the container with other ballot cards; and (9) In the event that paper ballots are used in conjunction with ballot cards, conduct the counting of the paper ballots as provided by this chapter. (49) Code Section 21-2-492: 21-2-492. The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his office or at some other convenient public place at the county seat with accommodations for those present insofar as space permits. An interested candidate or his representative shall be permitted to keep or check his own computation of the votes cast in the several precincts as the returns from the same are read, as directed in this article. The superintendent shall give at least one week's notice prior to the primary or election by publishing same in a conspicuous place in the county courthouse, of the time and place when and where he will commence and hold his sessions for the computation and canvassing of the returns; and he shall keep copies of such notice posted in his office during such period. The superintendent shall procure a sufficient number of blank forms of returns made out in the proper manner and headed as the nature of the primary or election may require, for making out full and fair statements of all votes which shall have been cast within the county or any district therein, according to the returns from the several precincts thereof, for any person voted for therein, or upon any question voted upon therein. The assistants of the superintendent in the computation and canvassing

Page 1545

of the votes shall be first sworn by the superintendent to perform their duties impartially and not to read, write, count, or certify any return or vote in a false or fraudulent manner. (50) Code Section 21-2-493 subsections (b), (c), (e), (g), (h), (j), and (k): (b) The superintendent, before computing the votes cast in any precinct, shall compare the registration figure with the certificates returned by the poll officers showing the number of persons who voted in each precinct or the number of ballots cast. If, upon consideration by the superintendent of the returns and certificates before him from any precinct, it shall appear that the total vote returned for any candidate or candidates for the same office or nomination or on any question exceeds the number of electors in such precinct or exceeds the total number of persons who voted in such precinct or the total number of ballots cast therein, such excess shall be deemed a discrepancy and palpable error and shall be investigated by the superintendent; and no votes shall be recorded from such precinct until an investigation shall be had. Such excess shall authorize the summoning of the poll officers to appear immediately with any primary or election papers in their possession. The superintendent shall then examine all the registration and primary or election documents whatever, relating to such precinct, in the presence of representatives of each party, body, and interested candidate. Such examination may, if the superintendent deems it necessary, include a recount or recanvass of the votes of that precinct and a report of the facts of the case to the district attorney where such action appears to be warranted. (c) In precincts in which paper ballots or vote recorders have been used, the superintendent may require the production of the ballot box and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and may require the correction of the returns in accordance with the result of such recount. If the ballot box is found to contain more ballots than there are electors registered in such precinct, or more ballots than the number of voters who voted in such precinct at such primary or election, the superintendent may, in his discretion, exclude the poll of that precinct, either as to all offices, candidates, questions, or parties and bodies, or as to any particular offices, candidates, questions, or parties and bodies, as to which such excess exists.

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(e) In precincts in which paper ballots or vote recorders have been used, the general returns made by the poll officers from the various precincts shall be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a precinct in which ballots were used, read therefrom the number of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each precinct, including the number of stubs and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of the same respectively; and unless it appears by such number or calculations thereform that such records and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent. (g) In precincts in which paper ballots have been used, when the records agree with such returns regarding the number of ballots and the number of votes recorded for each candidate, such votes for each candidate shall be read by an assistant slowly, audibly, and in an orderly manner from the general return which has been returned unsealed; and the figures announced shall be compared by other assistants with the general return which has been returned sealed. The figures announced for all precincts shall be compared by one of the assistants with the tally papers from the respective precincts. If any discrepancies are discovered, the superintendent shall examine all of the return sheets, tally papers, and other papers in his possession relating to the same precinct. If the tally papers and sealed general return sheet agree, the unsealed general return shall be immediately corrected to conform thereto. But in every other case the superintendent shall immediately cause the ballot box of the precinct to be opened and the vote therein to be recounted in the presence of interested candidates or their representatives; and, if the recount shall not be sufficient to correct the error, the superintendent may summon the poll officers to appear immediately with all election papers in their possession. (h) In precincts in which voting machines have been used, when the records agree with the returns regarding the number registered on the voting machine, the votes recorded for each candidate shall be read by an assistant slowly, audibly, and in an orderly manner from the general return sheet which has been returned unsealed; and the figures announced shall be compared by other assistants with the

Page 1547

duplicate return sheet which has been returned sealed. If the voting machine is of the type equipped with mechanism for printing paper proof sheets, such general and duplicate return sheets shall also be compared with such proof sheets, which have been returned as aforesaid. If any discrepancies are discovered, the superintendent shall examine all of the return sheets, proof sheets, and other papers in his possession relating to the same precinct. Such proof sheets shall be deemed to be prima-facie evidence of the result of the primary or election and to be prima facie accurate; and, if the proper proof sheets, properly identified, shall be mutually consistent and if the general and duplicate returns, or either of them, from such precinct shall not correspond with such proof sheets, they shall be corrected so as to correspond with same, in the absence of allegation of specific fraud or error, proved to the satisfaction of the superintendent. (j) The superintendent shall see that the votes shown by each absentee ballot are added to the return received from the precinct of the elector casting such ballot. (k) As the returns from each precinct are read, computed, and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various precincts which are entitled to be counted shall have been duly recorded; then they shall be added together, announced, and attested by the assistants who made and computed the entries respectively and shall be signed by the superintendent. The consolidated returns shall then be certified by the superintendent, in the manner required by this chapter. (51) Code Section 21-2-495, subsections (a) and (b): (a) In precincts where paper ballots or vote recorders have been used, the superintendent may, either of his own motion or upon petition of any candidate or political party, order the recount of all the ballots for a particular precinct or precincts for one or more offices in which it shall appear that a discrepancy or error, although not apparent, on the face of the returns, has been made. Such recount may be held at any time prior to the certification of the consolidated returns by the superintendent and shall be conducted under the direction of the superintendent. Before making such recount, the superintendent shall give notice in writing to each candidate and to the county chairman of each party or body affected by the recount; and each such candidate may be present in person, or by representative;

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and each such party or body may send two representatives to be present at such recount. If upon such recount, it shall appear that the original count by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly. (b) In precincts where voting machines have been used, whenever it appears that there is a discrepancy in the returns recorded for any voting machine or machines or that an error, although not apparent on the face of the returns, exists, the superintendent shall, either of his own motion or upon the sworn petition of three electors of any precinct, order a recanvass of the votes shown on that particular machine or machines. Such recanvass may be conducted at any time prior to the certification of the consolidated returns by the superintendent. In conducting such recanvass, the superintendent shall summon the poll officers of the precinct; and such officers, in the presence of the superintendent, shall make a record of the number of the seal upon the voting machine or machines and the number of the protective counter or other device; shall make visible the registering counters of each such machine; and, without unlocking the machine against voting, shall recanvass the vote thereon. Before making such recanvass, the superintendent shall give notice in writing to the custodian of voting machines, to each candidate, and to the county chairman of each party or body affected by the canvass; and each such candidate may be present in person, or by representative; and each of such parties or bodies may send two representatives to be present at such recanvass. If, upon such recanvass, it shall be found that the original canvass of the returns has been correctly made from the machine and that the discrepancy still remains unaccounted for, the superintendent, with the assistance of the custodian, in the presence of the poll officers and the authorized candidates and representatives, shall unlock the voting and counting mechanism of the machine and shall proceed thoroughly to examine and test the machine to determine and reveal the true cause or causes, if any, of the discrepancy in returns from such machine. Each counter shall be reset at zero before it is tested, after which it shall be operated at least 100 times. After the completion of such examination and test, the custodian shall then and there prepare a statement, in writing, giving in detail the result of the examination and test; and such statement shall be witnessed by the persons present and shall be filed with the superintendent. If, upon such recanvass, it shall appear that the original canvass of the returns by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly;

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provided, however, that in the case of returns from any precinct wherein the primary or election was held by the use of a voting machine equipped with mechanism for printing paper proof sheets, such proof sheets, if mutually consistent, shall be deemed to be prima-facie evidence of the result of the primary or election and to be prima-facie accurate; and there shall not be considered to be any discrepancy or error in the returns from any such precinct, such as to require a recanvass of the vote, if all available proof sheets, from the voting machine used therein, identified to the satisfaction of the superintendent and shown to his satisfaction to have been produced from proper custody, shall be mutually consistent; and, if the general and duplicate returns, or either of them, from such precincts shall not correspond with such proof sheets, they, and all other papers being prepared by the superintendent, shall be corrected so as to correspond with the same, in the absence of allegation of specific fraud or error proved to the satisfaction of the superintendent by the weight of the evidence; and only in such case shall the vote of such precinct be recanvassed under this Code section. (52) Code Section 21-2-496, paragraph (3): (3) One copy to be forwarded to the Secretary of State, together with a copy of each precinct return and a copy of the numbered list of voters of each precinct, as well as the returns and numbered list of voters for absentee electors; and. (53) Code Section 21-2-497, subparagraph (D) of paragraph (4): (D) In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications;. (54) Code Section 21-2-524, subsection (c): (c) When an error in the counting of votes is alleged as a ground of contest, it is sufficient for the contestant to state generally that he believes that error was committed in the counting of the votes cast for the filling of the nomination or office in dispute, or for or against the

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question in dispute, in one or more specified precincts; and it shall not be necessary for the contestant to offer evidence to substantiate such allegation. If a recount of the votes cast in any precinct or precincts shall change the result in dispute, any aggrieved litigant may require a recount of the votes affecting such result, which were cast in any other precinct or precincts, by amending his pleadings and requesting such relief. (55) Code Section 21-2-527, subsection (c): (c) If misconduct is complained of on the part of the poll officers of any precinct, it shall not be held sufficient to set aside the contested result unless the rejection of the vote of such precinct would change such result. (56) Code Section 21-2-572: 21-2-572. Any person who votes in more than one precinct in the same primary or election or otherwise fraudulently votes more than once at the same primary or election shall be guilty of a felony. (57) Code Section 21-2-593: 21-2-593. Any law enforcement officer who: (1) Willfully neglects or refuses to clear an avenue to the door of any polling place which is obstructed in such a way as to prevent electors from entering, when called upon to do so by any poll officer or elector of the precinct; (2) Willfully neglects or refuses to maintain order and quell any disturbance if such arises at any polling place upon the day of any primary or election, when called upon to do so by any poll officer or elector of the precinct; or (3) Willfully hinders or delays, or attempts to hinder or delay, any poll officer in the performance of any duty under this chapter shall be guilty of a misdemeanor. (58) Code Section 21-3-31, paragraph (1) of subsection (a):

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(1) To instruct poll officers and others in their duties, calling them together in meeting whenever deemed advisable and to inspect systematically and thoroughly the conduct of elections in the precinct or precincts of his municipality to the end that elections may be honestly, efficiently, and uniformly conducted;. (59) Code Section 21-3-32, subsections (a) and (b): (a) All elections shall be conducted in each precinct by a board consisting of a chief manager, who shall be chairman of such board, and two assistant managers, assisted by clerks as provided in Code Section 21-3-33. The managers of each precinct shall be appointed by the governing authority. (b) Depending upon the decision of the parties involved, primaries may be conducted either jointly with one set of managers, which shall consist of a chief manager and two assistant managers, or partially separately with a chief manager and two assistant managers appointed by each party for each precinct. Where a primary is conducted jointly by two or more parties, the managers and clerks shall be agreed upon and appointed jointly by the parties involved. When parties elect to use separate election officials, each party superintendent shall appoint the managers for each precinct. (60) Code Section 21-3-91, paragraph (3) of subsection (e): (3) The name of his precinct;. (61) Code Section 21-3-96: 21-3-96. A political party, in nominating a candidate for public office in a primary, shall use and provide poll officers for each polling place in each precinct in the area wherein the electors reside who shall elect the person to fill such public office in the next election therefor. (62) Code Section 21-3-98, paragraph (3) of subsection (e): (3) The name of his precinct;. (63) Code Section 21-3-135, subsection (a): (a) At least three days prior to the primary or election, the registrar shall file with the city clerk a certified copy of a list

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containing the names of all the electors found to be qualified. The list shall be alphabetically arranged by precincts, and it shall be the list of electors for the municipal election to be held in such year. No person whose name does not appear on such list shall vote at such municipal election, except as otherwise provided in this chapter. (64) Code Section 21-3-139: 21-3-139. Only persons whose names appear on the list of electors placed in the possession of the managers in each precinct shall be allowed to deposit their ballots, according to law, at the precinct, but not elsewhere, except as otherwise provided in this chapter. (65) Code Section 21-3-140: 21-3-140. 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 precinct or who moves to a residence in the same precinct 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 precinct 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. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail. (66) Code Section 21-3-164, subsection (b): (b) The governing authority, in its discretion, may procure and provide portable or movable polling facilities of adequate size for any precinct.

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(67) Code Section 21-3-183: 21-3-183. In any primary or election, the superintendent shall cause the ballots to be printed in the form prescribed by this chapter. He shall be responsible for the safekeeping of the same, while in his possession or that of his agent, and shall keep a record of the number of official ballots printed and furnished to each precinct at each primary and election, and the number of stubs, unused ballots, and canceled ballots subsequently returned therefrom. (68) Code Section 21-3-184: 21-3-184. For each precinct in which a primary or election is to be held, the superintendent shall provide a sufficient number of ballots for use by the electors who are entitled to vote in the precinct. (69) Code Section 21-3-185, subsections (a) and (e): (a) In each primary, separate official ballots shall be prepared by the political party holding the primary. At the top of each ballot shall be printed in prominent type the words `OFFICIAL PRIMARY BALLOT OF PARTY FOR' followed by the designation of the precinct for which it is prepared and the name and date of the primary. (e) The ballots shall vary in form only as the names of precincts, offices, or candidates may require or as otherwise required by this chapter. (70) Code Section 21-3-187, subsections (a), (f), and (g): (a) At the top of each ballot for an election shall be printed in prominent type the words `OFFICIAL BALLOT' followed by the designation of the precinct for which it is prepared and the name and date of the election. (f) The ballots shall vary in form only as the names of precincts, offices, or candidates may require or as otherwise required by this chapter. (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 or special election ballot unless a write-in

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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 within a precinct, no election shall be conducted in that precinct. (71) Code Section 21-3-188: 21-3-188. (a) All ballots for use in the same precinct at any primary or election shall be alike and shall contain only the names of the candidates and issues to be voted on in such precinct. Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type (which shall not be smaller than the size known as `brevier' or `eight point body'), upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 50 or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal, perforated line so as to constitute a number strip, and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: `Tear off before depositing ballot in ballot box.' (b) The form for the absentee ballot shall be in substantially the same form as the official ballots used in the precincts, except it shall be printed with only the name stub and without a number strip. (72) Code Section 21-3-192: 21-3-192. At least three days prior to the day of holding each primary and election, the superintendent shall have on file in his

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office, open to public inspection, forms of the ballots, with the names and such statements and notations as may be required by this chapter printed thereon, which shall be used in each precinct within the municipality. (73) Code Section 21-3-223, subsections (a) and (b): (a) When the use of voting machines has been authorized in the manner prescribed by either Code Section 21-3-220 or 21-3-221, such voting machines shall be installed, either simultaneously or gradually, within the municipality. Upon the installation of voting machines in any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which voting machines are used, the governing authority shall provide at least one voting machine for each 500 electors, or franction thereof, in such precinct. (74) Code Section 21-3-225, subsection (i): (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties, the municipal superintendent may arrange, for each precinct, the names of the candidates on separate voting machines; provided, however, that the names of all the candidates seeking nomination in any one political party shall appear on one machine. (75) Code Section 21-3-226, subsection (a): (a) If ballot labels for a precinct at which a voting machine is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable, and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (76) Code Section 21-3-227, subsections (a) and (c): (a) The municipal superintendent of each municipality shall cause the proper ballot labels to be placed on each voting machine

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which is to be used in any precint within such municipality; shall cause each machine to be placed in proper order for voting; shall examine each machine before it is sent out to a polling place; shall see that each registering counter on each machine is set at zero; shall lock each machine so that the counting machinery cannot be operated; and shall seal each machine with a numbered seal. The municipal superintendent or his agent shall adjust each machine to be used at a primary, so that the poll officers may lock it on primary day in such a way that each elector can vote only for the candidates seeking nomination by the political party in whose primary he is then voting and so that no elector can vote for the candidates seeking nomination by any political party in whose primary he is not then voting. (c) On or before the twentieth day preceding a primary or election, the municipal superintendent shall mail to the chairman of the municipal or other appropriate executive committee of each political party having candidates in the primary or election, and to each candidate who shall be entitled to have his name placed on the primary or election ballot, a written notice stating the times when and the place or places where preparation of the machines for use in the several precincts in the municipality will be started. Notice shall also be placed in a newspaper of general circulation in the municipality at least five days prior to the preparation of the machines. Interested parties may be present and shall be afforded every facility for the examination of all registering counters, protective counters, and public counters of each and every voting machine. However, such parties shall not interfere with the preparation of the machines, and the municipal superintendent may make reasonable rules and regulations governing the conduct of such interested parties. (77) Code Section 21-3-228, subsection (a): (a) The municipal superintendent shall deliver the proper voting machine or machines, properly furnished with ballot labels, to the polling places of the respective precincts at least one hour before the time set for opening the polls at each primary or election; and he shall cause each machine to be set up in the proper manner for use in voting. Each machine shall then remain sealed until the examination prescribed by Code Section 21-3-360 immediately preceding the opening of the polls. (78) Code Section 21-3-229, paragraph (2):

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(2) The designation of the precint;. (79) Code Section 21-3-252, subsections (a) and (b): (a) When the use of vote recorders has been authorized in the manner prescribed in Code Section 21-3-251, such vote recorders shall be installed, either simultaneously or gradually, within the municipality. Upon the installation of vote recorders in any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which vote recorders are used, the governing authority shall provide at least one vote recorder for each 200 electors, or fraction thereof, in such precinct. (80) Code Section 21-3-225, subsection (a): (a) If ballot labels for a precinct at which a vote recorder is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable, and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (81) Code Section 21-3-257, subsection (a): (a) The municipal superintendent of each municipality shall cause the proper ballot labels to be placed on each vote recorder which is to be used in any precinct within such municipality and shall cause each vote recorder to be placed in proper order for voting. (82) Code Section 21-3-284, subsections (d) and (e): (d) The oaths referred to in subsection (c) of this Code section shall be in substantially the following form:

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The forms upon which such oath are printed shall contain the following language: Georgia law provides that no person shall assist more than ten electors in any primary or election. (Subsection (c) of Code Section 21-3-318). Georgia law further provides that any person violating this chapter shall be guilty of a misdemeanor. (e) Each absentee ballot clerk shall maintain for public inspection a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. (83) Code Section 21-3-286, subsection (a): (a) The absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election. Upon receipt of each ballot, the absentee ballot clerk shall write the day and hour of the receipt of the ballot on its envelope. The clerk shall then compare the identifying information on the oath with the information on file in his office and shall, if the information and signature appear to be valid, so certify by signing his name below the elector's oath. Each elector's name so certified shall be listed by the absentee ballot clerk on a numbered list of absentee voters prepared for his precinct. If the elector has failed to sign the oath, or if his signature does not appear to be valid, or if the information so furnished does not comply with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the absentee ballot clerk shall write across the face of the envelope `Rejected,' giving the reason therefor. The absentee ballot clerk shall promptly notify the elector of such rejection; and a special set of numbered lists of voters shall also be prepared for rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Four copies of the

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numbered list of certified absentee electors and the numbered list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for the numbered lists of voters. All absentee ballots received by the absentee ballot clerk after the closing of the polls on the day of the primary or election shall not be certified or counted; shall be kept safely unopened by the clerk for the period of time required for the preservation of ballots used at the primary or election; and they shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. (84) Code Section 21-3-288: 21-3-288. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector, other than one whose physical disability, official election duties, or observance of a religious holiday prevents his attendance at the polls, is present in the precinct of his residence during the time the polls are open in any primary, election, or runoff for which he has requested an absentee ballot, such elector shall have the absentee ballot canceled in one of the following ways: (1) By surrendering his absentee ballot to the poll manager of the precinct in which his name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark `Canceled' and the date and time across the face of the absentee ballot and shall initial the same. He shall also make appropriate notations beside the name of the elector on the list of electors. All such canceled absentee ballots shall be returned with other ballots to the superintendent; (2) By appearing in person before the absentee ballot clerk and requesting in writing that the envelope containing his absentee ballot be marked `Canceled.' After having satisfied himself as to the identity of such elector, the absentee ballot clerk shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit him to vote in person in his precinct. If the absentee ballot is in the possession of the absentee ballot clerk, it shall be promptly marked `Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the clerk shall

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write `Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as subsection (a) of Code Section 21-3-286 provides for absentee ballots returned too late to be cast. (85) Code Section 21-3-310: 21-3-310. (a) Prior to each primary and election, the superintendent shall have printed instruction cards which shall contain full instructions for the guidance of electors. The superintendent shall also have printed and furnish blank forms of oaths of poll officers, tally sheets, return sheets, and other forms and supplies required by this chapter for use in each precinct of the municipality. All such forms shall have printed thereon appropriate instructions. (b) The cards of instruction, return sheets, tally sheets, oaths of poll officers, and other forms and supplies required for use in each precinct and, in precincts in which ballots are used, the official ballots prepared for use therein, shall be packed by the superintendent in separate, sealed packages for each precinct, marked on the outside so as to designate clearly the precincts for which they are intended and, in the case of precincts in which ballots are used, the number of ballots enclosed. They shall then be delivered by the superintendent, together with the ballot box which shall bear the designation of the precinct, to the managers in the several precincts prior to the hour appointed for opening the polls. In primaries, the parties shall decide whether to use the same ballot box or to use separate ballot boxes. The managers of the respective precincts shall, on delivery to them of such packages, return receipts therefor to the superintendent, who shall keep a record of the time when and the manner in which the several packages are delivered. The superintendent may, in his discretion, require the managers of the respective precincts to call at his office to obtain such packages. (86) Code Section 21-3-311, subsection (b): (b) The voter's certificates shall be so prepared as to be capable of being inserted by the poll officers in a suitable binder. The binder shall have written thereon the words `Voter's Certificates' and shall have a space for filling in the designation of the precinct and the date of the primary or election.

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(87) Code Section 21-3-312: 21-3-312. The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each precinct one copy of the certified electors list for such precinct, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered an absentee ballot. The list for a given precinct may be divided into as many alphabetical sections as is deemed necessary. Such list of electors shall be authenticated by the signature of the chief registrar and at least one other registrar if more than one registrar has been appointed by the governing authority. In a primary, where the parties do not agree to have only one set of managers for a precinct, the electors list shall be delivered to the chief manager of the political party which polled the highest number of votes in the precinct in the immediately preceding election of the presiding officer of the governing authority. The managers of the respective precincts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective precincts to call at their office to obtain such lists. (88) Code Section 21-3-314, subsections (a) and (c): (a) The required poll officers shall meet in the respective places appointed for holding the primary or election in each precinct at least 30 minutes before the hour for opening the polls on the day of each primary or election. Before entering upon their duties at any primary or election, all poll officers shall take and subscribe in duplicate the oaths required by this chapter. (c) After the poll officers of a precinct have been organized, the chief manager shall assign duties to the assistant managers and clerks. In primaries being held with separate precinct managers, the chief managers appointed by each party shall jointly appoint the person or persons to be in charge of the electors list. (89) Code Section 21-3-317, subsections (a) and (b): (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 precinct in which he

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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 shall designate, at least seven days prior to such primary or run-off primary, no more than two poll watchers for each precinct, such poll watchers to be selected by the committee from the lists as submitted by party candidates. Official poll watchers will be given a letter signed by the party chairman and secretary 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 precinct. 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. (90) Code Section 21-3-318, subsection (c): (c) Any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote, or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than five such electors in any primary, election, or runoff. (91) Code Section 21-3-323: 21-3-323. Except as provided in Code Section 21-3-140 and Article 10 of this chapter, no person shall vote at any primary or election in any polling place outside the precinct in which he resides,

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nor shall he vote in the precinct in which he resides unless he has been registered as an elector and his name appears on the electors list of such precinct. (92) Code Section 21-3-365, subsection (c): (c) The proclamation of the result of the votes cast shall be announced distinctly and audibly by a poll officer who shall read the name of each candidate, the designation or designating number and letters of his counters, the vote registered on each counter, and the vote cast for and against each question submitted. After any necessary corrections shall have been made by poll officers, the doors or other cover of the voting machine shall be closed and locked. The chief manager shall promptly deliver to the superintendent or his representative the keys of the voting machine, enclosed in a sealed envelope, if the construction of the voting machine shall permit their separate return. Such envelope shall have endorsed thereon a certificate of the poll officers stating the number of the machine, the precinct where it has been used, the number on the seal, and the number on the protective counter or device at the close of the polls. (93) Code Section 21-3-382: 21-3-382. As soon as the polls are closed and the last elector has voted in precincts in which vote recorders are used, the poll officers shall: (1) Place the vote recorders under lock or seal; (2) Count and record on return sheets, in ink, in triplicate, the number of persons voting as shown on the numbered list of voters; the number of ballots unused; the number of ballots issued to electors as shown by the stubs; and the number of ballots spoiled and returned by electors and canceled; and if any differences exist they shall be reconciled, if possible; otherwise they shall be noted on the returns; (3) As soon as all votes are accounted for, seal the unused and void, spoiled, or canceled ballots in separate envelopes with the number noted on the outside; (4) Open each ballot box and count the number of ballots cast;

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(5) Examine the ballot cards and separate the write-in ballots for later counting; (6) Place ballot cards in the ballot container to be taken to the tabulating machine center or centers as designated by the superintendent; (7) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot card voted by the same elector so that write-in ballots may be identified with the corresponding ballot cards; (8) Examine each write-in vote to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector; and if any vote cast on the write-in ballot, in combination with the vote cast for the same office on the ballot card, exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted; and the ballot card of such elector shall be kept with the write-in ballot on which shall be written a notation that the vote or votes cast for the office concerned are invalid because they exceed the number allowed by law; and the write-in ballot and the ballot card of such elector shall be returned with the defective ballot cards to the tabulating center, where, in the discretion of the superintendent, either: (A) A duplicate ballot card shall be made on which any invalid vote shall be omitted; or (B) The write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote; (9) After the write-in ballots have been counted and the returns prepared, place the write-in ballots in an envelope marked `Write-in Ballots' and designate the polling place and the number of write-in ballots contained therein on such envelope, which shall be sealed and signed by the managers and placed in the ballot container with the other ballot cards; (10) Place any ballot card that is so torn, bent, or mutilated that it may not be counted by the tabulating machine in an

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envelope marked `Defective Ballots' and place the envelope in the container with other ballot cards; and (11) In the event that paper ballots are used in conjunction with ballot cards, conduct the counting of the paper ballots as provided by this chapter. (94) Code Section 21-3-402: 21-3-402. The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his office or at some other convenient public place in the municipality. An interested candidate or his representative shall be permitted to keep or check his own computation of the votes cast in the several precincts as the returns from the same are read. The superintendent shall give at least one week's notice prior to the primary or election by posting in a conspicuous in the city hall a notice giving the time and place when and where he will commence and hold his sessions for the computation and canvassing of the returns; and he shall keep copies of such notice posted in his office during such period. Any persons assisting the superintendent in the computation and canvassing of the votes shall be first sworn by the superintendent to perform their duties impartially and not to read, write, count, or certify any return or vote in a false or fraudulent manner. (95) Code Section 21-3-403, subsections (b), (c), and (d): (b) Before computing the votes cast in any precinct, the superintendent shall compare the registration figure with the certificates returned by the poll officers showing the number of persons who voted in each precinct or the number of ballots cast. It shall be the responsibility of the superintendent to record the number of votes cast, unused ballots, spoiled ballots, canceled ballots, and ballot stubs. If there is any dispute or error, it shall also be his responsibility to investigate and to make a determination as to the validity of the votes cast. Such investigation shall be made in the presence of a representative of each party, body, and candidate interested. The superintendent shall make a report of the facts of the case to the district attorney where such action appears to be warranted. (c) If discrepancies are discovered in any precinct and they cannot be corrected by investigation of the return sheets, tally sheets,

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voting machine proof sheets, computer tabulation sheets, or other papers of the precinct, the superintendent may order a recount of the votes cast for that precinct. Such recount shall be in the presence of interested candidates or their representatives; and if the recount shall not be sufficient to correct the error, the superintendent may summon the poll officers to appear immediately with all election papers in their possession. In precincts using voting machines, such recount or recanvass shall comply with the procedures set forth in Code Section 21-2-493. (d) When the returns from the various precincts which are entitled to be counted shall have been duly recorded, they shall be added together and the absentee votes and write-in votes shall be added to that sum. The results shall then be announced and attested by the assistants who made and computed the entries, respectively, and shall be signed by the superintendent. Immediately after the completion of the computation of votes, the superintendent shall certify the returns so computed in the manner required by this chapter. (96) Code Section 21-4-12, subsection (e): (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 officer 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 precinct, 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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Section 6. In the event of any conflict between the provisions of Section 5 of this Act and any other Act of the 1982 General Assembly, such other Act shall govern over the provisions of Section 5 of this Act. Section 7. This Act shall become effective on January 1, 1983. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. SUPERIOR COURT JUDGES RETIREMENT SYSTEM ACT AMENDED. Code Title 47, Chapter 9 Amended. No. 1446 (Senate Bill No. 78). AN ACT To amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the Superior Court Judges Retirement System, so as to change the provisions relative to employer contributions; to change the provisions relative to senior judges; to change the provisions relative to benefits; to change the provisions relative to spouses benefits; to provide that members may elect to become eligible for certain postretirement benefit adjustments; to authorize, but not require, counties to supplement 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. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, known as the Superior Court Judges Retirement System, is amended by striking subsection (a) of Code Section 47-9-42 in its

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entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The basis for employee contributions to the fund shall be the salaries from state funds provided by law for judges of the superior courts. The Department of Administrative Services is authorized and directed to deduct 7 1/2 percent monthly from the salary of each judge of the superior courts who is a member of the retirement system to cover the employee contributions to the fund. The Department of Administrative Services is also authorized to make an additional deduction from such salaries to cover any required employee tax for social security coverage. The Department of Administrative Services is authorized and directed to pay, from the funds appropriated or otherwise available for the operation of the superior courts of the state, any required employer contribution for social security coverage on such judges. From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund the employer contributions, including contributions to fund any creditable service authorized by this chapter, which, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits and the spouses benefits under this chapter. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 47-9-60, which reads as follows: (a) There is created the office of senior judge of the superior courts; and any judge of the superior courts who retires pursuant to this chapter shall be a senior judge of the superior courts beginning on the effective date of his retirement. Any senior judge of the superior courts, while receiving retirement or disability pay, shall not be eligible for election or appointment to any other office in this state; and such senior judges may not practice law while receiving such retirement or disability pay. If a former superior court judge who was a member of this retirement fund ceased to hold office as a superior court judge prior to attaining early retirement age, such former superior court judge shall be a senior judge effective on July 1, 1981, notwithstanding the age of such former superior court judge on such date if such former superior court judge had 16 years of creditable service under this chapter at the time of ceasing to hold office as a superior court judge. No such senior judge shall be eligible to receive retirement benefits under this chapter until such time as such senior judge attains early retirement age.,

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in its entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) The office of senior judge of the superior courts is created, and judges of the superior courts or former judges of the superior courts may become senior judges as follows: (1) Any judge of the superior courts who retires pursuant to this chapter may become a senior judge beginning on the effective date of the judge's retirement; (2) Any former judge of the superior courts who was a member of the retirement fund created by this chapter and who ceased holding office as a superior court judge prior to attaining early retirement age and who had 16 years of creditable service under this chapter at the time of ceasing to hold office as a superior court judge may become a senior judge, but no such senior judge shall be eligible to receive retirement benefits under this chapter until such senior judge attains early retirement age; and (3) Any judge of the superior courts, whether or not said judge is a member of the retirement system created by this chapter, who ceases holding office as a judge of the superior courts and who has at least ten years of service as a judge of the superior courts at the time of ceasing to hold office and who is not eligible for appointment to the office of senior judge under any other law of this state may become a senior judge, but no such senior judge shall receive retirement benefits under this chapter unless such judge was a member of the retirement system created by this chapter and, in that event, such senior judge may not receive retirement benefits under this chapter until attaining early retirement age. (b) No senior judge of the superior courts shall be eligible for election or appointment to any other office of this state and may not practice law. Any judge of the superior courts who ceases to hold office and who would be eligible for appointment as senior judge under any provision of this Code section may decline such appointment and practice law or accept appointment or election to other office. No such former judge who declines such appointment shall be eligible to receive any benefits under this chapter until such former judge accepts appointment as senior judge and attains early retirement

Page 1571

age, if not eligible for retirement at the time of accepting appointment as senior judge. Any such former judge who has declined appointment as senior judge may at any time accept appointment as senior judge, but at the time of accepting such appointment, the former judge must cease practicing law and resign from any other office, if holding another office at the time of accepting such appointment. Any former superior court judge who is eligible therefor may become a senior judge at any time by making application to the Governor for appointment as a senior judge. Section 3. Said chapter is further amended by striking subsection (b) of Code Section 47-9-60 in its entirety and substituting in lieu thereof a new subsection to be designated subsection (c) to read as follows: (c) Senior judges may be called upon to serve as judges of the superior courts when the regular judge for some reason is unable to serve. Any such senior judge may be subject to designation and assignment, with the senior judge's consent, either as an additional or substitute judge. Such senior judges shall be compensated, in addition to the retirement pay provided for in this chapter, when applicable, in the amount of $100.00 per day for such services. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the superior courts, upon a certificate by the judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge. Section 4. Said chapter is further amended by redesignating subsection (c) of Code Section 47-9-70 as subsection (d) thereof and by striking subsection (b) of Code Section 47-9-70, which reads as follows: (b) The maximum retirement benefits shall be based on 16 years of creditable service and the attainment of age 65. After completing such years of service and upon attaining age 65, a judge of the superior courts shall be entitled to retire and receive a monthly

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retirement benefit equal to two-thirds of the monthly state salary being paid to superior court judges (1) at the time of retirement, for a judge with less than 16 years of creditable service, or (2) at the time of completion of 16 years of creditable service, for a judge with 16 or more years of creditable service. After obtaining 16 years of creditable service, a member shall cease making employee contributions to the fund., in its entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows: (b) The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service, but the maximum monthly retirement benefit under this chapter shall be two-thirds of the state salary paid to superior court judges at the time of retirement, except as otherwise provided by subsection (c) of this Code section, and such maximum benefit shall be based on obtaining 16 years of creditable service and the attainment of age 65. A member who has at least ten years of creditable service but less than 16 and who is at least 60 years of age, but less than 65, may retire at a reduced benefit pursuant to Code Section 47-9-71 of this chapter. Any member obtaining 16 years of creditable service on or after November 1, 1982, who continues to serve as a superior court judge shall continue to make employee contributions to the fund until the member's retirement. (c) Any former superior court judge receiving a retirement benefit on November 1, 1982, pursuant to this chapter who had more than 16 years of creditable service at the time of retirement and whose retirement benefit was computed on the basis of the state salary of superior court judges being paid at the time the member obtained 16 years of creditable service shall have the option of paying employee contributions, plus interest thereon at the rate of 6 percent per annum, for service rendered as a superior court judge from the time 16 years of creditable service was obtained until the time of retirement, based on the state salary received by the former superior court judge at the time the service was rendered; and any such former judge exercising said option shall begin receiving a retirement benefit based on the state salary which was being paid to superior court judges at the time of the former judge's retirement. Any member serving as a superior court judge on November 1, 1982, who has more than 16 years of creditable service and who ceased making contributions to the fund upon obtaining 16 years of creditable service shall have the

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option to receive, upon retirement, a retirement benefit based on the state salary paid to superior court judges at the time the member obtained 16 years of creditable service or of paying the employee contributions, plus interest thereon of the rate of 6 percent per annum, that would have been paid had the member continued to make employee contributions after obtaining 16 years of creditable service and employee contributions for continuing service as a superior court judge, in which event the member shall receive a retirement benefit based on the state salary paid to superior court judges at the time of retirement. The options provided for by this subsection may be exercised by sending written notice to the board of trustees and the payment of the additional employee contributions, plus interest thereon, required by this subsection upon receiving a certification from the board of trustees of the amount of such contribution and interest. Section 5. Said chapter is further amended by striking Code Section 47-9-71 in its entirety and substituting in lieu thereof a new Code Section 47-9-71 to read as follows: 47-9-71. (a) In lieu of retirement at the maximum benefits provided by subsection (b) of Code Section 47-9-70, a member may retire at any time after attaining age 60 and after obtaining a minimum of ten years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the maximum retirement benefits provided by subsection (b) of Code Section 47-9-70. The percentage shall be the proportion which the number of actual years of service as a superior court judge bears to 16. In no event shall the benefits under this subsection exceed 75 percent of the maximum retirement benefits provided in subsection (b) of Code Section 47-9-70. (b) For any judge of the superior courts becoming a member of this retirement system on or after November 1, 1982, and for any member of the retirement system in service on November 1, 1982, who benefits thereby, the monthly retirement benefit for early retirement shall be a percentage of the maximum benefit under subsection (b) of Code Section 47-9-70, and such percentage shall be the proportion which the number of years of actual service as a superior court judge bears to 16, but the benefit derived from such computation shall be reduced by one-fourth of 1 percent for each month less than 16 years of actual service as a superior court judge or by one-fourth of 1 percent for each month the member lacks being 65 years of age,

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whichever reduction is greater. Any member of the retirement system in service on November 1, 1982, whose early retirement benefit is less under this subsection than under subsection (a) of this Code section shall be entitled to computation of early retirement benefits under said subsection (a). (c) A member may retire pursuant to subsection (b) or (c) of Code Section 47-9-70 or pursuant to subsection (a) or (b) of this Code section by making written application to the board setting forth at what time, not less than 30 days nor more than 90 days subsequent to the filing of such application, he desires to be retired. Section 6. Said chapter is further amended by striking Code Section 47-9-72 in its entirety and substituting in lieu thereof a new Code Section 47-9-72 to read as follows: 47-9-72. After obtaining a minimum of four years of creditable service, any member who becomes totally and permanently disabled to the extent that he is unable to perform the duties of his office shall be entitled to receive a disability retirement benefit which shall be one-half of the maximum retirement benefits provided by subsection (b) of Code Section 47-9-70, unless the member would qualify for greater benefits under subsection (a) or (b) of Code Section 47-9-71, in which event that subsection would apply. The disability of any member applying for disability retirement benefits shall be determined by the board in the same manner and under the same procedure as disability of state employees is determined in accordance with the applicable provisions of the Employees' Retirement System of Georgia. Disability retirement benefits shall become payable within 30 days after such disability is determined by the board. Section 7. Said chapter is further amended by adding at the end of Code Section 47-9-73 a new subsection (k) to read as follows: (k) Any member of this retirement system who has elected or who hereafter elects spouses benefit coverage under this Code section or any superior court judge who has elected or who hereafter elects spouses benefit coverage under Code Section 47-9-74 of this chapter shall have the option to pay 2 3/4 percent of the state salary paid to such judge for such coverage rather than 2 1/2 percent of the state salary paid to such judge as provided in subsection (a) of this Code section; and the surviving spouse of any member or superior court judge exercising said option shall be entitled to receive the spouses

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benefit specified by subsection (b) of this Code section for life, rather than for life or until remarriage as provided by said subsection (b). A member or a superior court judge who has previously elected spouses benefit coverage under this Code section or Code Section 47-9-74 wishing to exercise the option provided for by this subsection shall be required to pay for all purposes under this Code section an additional one-fourth of 1 percent of the state salary, plus interest thereon at the rate of 6 percent per annum, paid to such judge as if this Code section had specified 2 3/4 percent rather than 2 1/2 percent of the state salary paid to such judge at the time the member or superior court judge first obtained spouses benefit coverage. A member or a superior court judge who has previously elected spouses benefit coverage may exercise the option provided for by this subsection by sending written notice to the board of trustees and the payment of the additional employee contributions required by this subsection. Any member or superior court judge hereafter electing spouses benefit coverage who wishes to exercise the option provided for by this subsection shall send written notice to the board of trustees and shall pay 2 3/4 percent of the state salary paid to such judge for all purposes under this Code section rather than 2 1/2 percent as specified by subsection (a) of this Code section. Section 8. Said chapter is further amended by adding immediately following Code Section 47-9-75 two new Code Sections 47-9-76 and 47-9-77 to read as follows: 47-9-76. (a) A member of the retirement system in office on November 1, 1982, may elect to pay an additional 1 percent employee contribution computed on the same basis as provided in subsection (a) of Code Section 47-9-42 and become eligible for postretirement cost-of-living benefit adjustments as provided in this Code section. Any such member must make the election on or before January 1, 1983. Any member failing to make the election by that date shall not at any time thereafter be subject to the provisions of this Code section. Any person becoming a member of the retirement system after November 1, 1982, shall have 60 days from the date of becoming a member to elect to pay the additional 1 percent employee contribution and come under the provisions of this Code section. Any such member failing to make the election within such time limitation shall not at any time thereafter be subject to the provisions of this Code section. The election to come under the provisions of this Code section may not be rescinded. The elections provided for in this subsection shall be made in writing to the board.

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(b) The board shall grant annual cost-of-living benefit adjustments to beneficiaries subject to this Code section. Such cost-of-living benefit adjustments, subject to the limitations hereinafter provided, shall be in an amount necessary to maintain essentially the same purchasing power of a beneficiary during the postretirement years, based on the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average. If actuarial studies and evaluations accomplished by the board reveal that the additional employee contribution provided for by this Code section is insufficient to fund fully cost-of-living benefit adjustments provided for above, then the board, for any annual cost-of-living adjustment, may reduce pro rata the adjustment otherwise required. 47-9-77. Whenever any county within a judicial circuit supplements the state salary paid to active superior court judges of said circuit, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pursuant to this chapter to any former superior court judge of said circuit who is receiving benefits pursuant to this chapter or to supplement the benefit being paid pursuant to this chapter to any beneficiary of any such former superior court judge. The county supplement to any such benefit may not exceed the percentage which the respective county salary supplement paid to active superior court judges of the circuit bears to the state salary of active superior court judges. Section 9. This Act shall become effective on November 1, 1982. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982.

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BLASTING OR EXCAVATING NEAR UNDERGROUND GAS PIPES, ETC. Code Section 25-9-2 Amended. No. 1447 (Senate Bill No. 142). AN ACT To amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. L. 1969, p. 50), as amended, so as to change the definition of the term gas; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, approved March 6, 1969 (Ga. L. 1969, p. 50), as amended, is amended by adding at the end of subsection (c) of Section 2 a new sentence to read as follows: The term `gas' shall also include liquid petroleum products., so that when so amended subsection (c) shall read as follows: (c) `Gas' means any flammable gaseous matter, and shall include but not be limited to, natural gas, manufactured gas, liquified petroleum gas and any material composed predominantly of any of the following hydrocarbons or mixtures of the same: methane, propane, propylene, butane or butylene. The term `gas' shall also include liquid petroleum products. Part 2 Section 2. Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting and excavating near certain facilities, is amended by striking paragraph (6) of Code Section 25-9-2 in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:

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(6) `Gas' means any flammable gaseous matter and includes, but is not limited to, natural gas, manufactured gas, liquefied petroleum gas, and any material composed predominantly of any of the following hydrocarbons or mixtures of the same: methane, propane, propylene, butane, or butylene. The term `gas' shall also include liquid petroleum products. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. PRACTICE AND PROCEDURE ATTACHMENT. Code Title 8, Chapter 9 Enacted. No. 1448 (Senate Bill No. 325). AN ACT To amend Code Title 8, relating to attachment, as amended, so as to provide when a judgment of attachment binds the defendant's property; to provide for setting aside judgments; to provide for issue of execution and levy on judgments; to provide for application of proceeds of sales; to provide for attachment liens and priorities; to

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require entries in the attachment docket; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 8, relating to attachment, as amended, is amended by adding a new Code Chapter 8-9 to read as follows: CHAPTER 8-9. LIEN, JUDGMENT, AND EXECUTION 8-901. When judgment binds defendant's property. When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of lack of jurisdiction over the person, the judgment rendered against him in such case shall bind all his property and shall have the same force and effect as when there has been personal service, and execution shall issue accordingly, but it shall be first levied upon the property attached. In all other cases, the judgment on the attachment shall only bind the property attached, and the judgment shall be entered only against such property. 8-902. Judgment may be set aside for fraud or want of consideration. A judgment in attachment may be set aside in a court of law upon an issue suggesting fraud or want of consideration, tendered by a judgment creditor of the defendant in attachment. 8-903. Executions must issue on all judgments; property on which levied. After the judgment has been obtained in any case of attachment, execution shall issue as in cases at common law, which execution shall be levied in the same manner as executions issuing at common law, and the proceedings in all respects shall be the same, except that when the judgment only binds the property levied on by the attachment, as aforesaid, the execution shall be issued against such property only, and that property only shall be levied on and sold. 8-904. Application of money raised by sale of property. All money raised by the sale of defendant's property, or otherwise, by virtue of this Title, shall be paid over to the creditors of the defendant, according to the priority of the lien of their judgments, except that as

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between attaching creditors the attachment first levied shall be first satisfied, to the entire exclusion of any attachment of younger levy. 8-905. Lien of attachments; priorities. The lien of an attachment is created by the levy, and not the judgment in the attachment; and in case of a conflict between attachments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the judgment and not the levy which fixes the lien. However, the lien of an attachment shall have priority over the lien of an ordinary judgment that has been obtained upon a suit filed after the levy of the attachment. 8-906. Lien on realty only after entry on docket. As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate no attachment levied upon real estate shall be a lien on the same from the levy thereof, unless said attachment is entered upon the attachment docket of the county in which the real estate is situated within five days from said levy. When the attachment is entered upon the docket after the five days, the lien shall date from such entry; and it shall be the duty of the sheriff to have said entry made within the five days. Nothing in this section shall be construed to affect the validity or force of any attachment as between the parties thereto. Part 2 Section 2. Chapter 3 of Title 18 of the Official Code of Georgia Annotated, relating to attachment proceedings, is amended by adding a new Article 4 to read as follows: ARTICLE 4 18-3-70. When the defendant has given bond and security, or when he has appeared and made defense by himself or attorney at law without raising a valid defense of lack of jurisdiction over the person, the judgment rendered against him in such case shall bind all his property and shall have the same force and effect as when there has been personal service, and execution shall issue accordingly, but it shall be first levied upon the property attached. In all other cases, the judgment on the attachment shall only bind the property attached and the judgment shall be entered only against such property.

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18-3-71. A judgment in attachment may be set aside in a court of law upon an issue suggesting fraud or want of consideration, tendered by a judgment creditor of the defendant in attachment. 18-3-72. After the judgment has been obtained in any case of attachment, execution shall issue as in cases at common law, which execution shall be levied in the same manner as executions issuing at common law; and the proceedings in all respects shall be the same, except that when the judgment only binds the property levied on by the attachment, as aforesaid, the execution shall be issued against such property only and that property only shall be levied on and sold. 18-3-73. All money raised by the sale of defendant's property or otherwise, by virtue of this chapter, shall be paid over to the creditors of the defendant, according to the priority of the lien of their judgments, except that as between attaching creditors the attachment first levied shall be first satisfied to the entire exclusion of any attachment of younger levy. 18-3-74. The lien of an attachment is created by the levy and not the judgment in the attachment; and in case of a conflict between attachments, the first levied shall be first satisfied; but in a contest between attachments and ordinary judgments or suits, it is the judgment and not the levy which fixes the lien. However, the lien of an attachment shall have priority over the lien of an ordinary judgment that has been obtained upon a suit filed after the levy of the attachment. 18-3-75. As against the interests of third parties acting in good faith and without notice who may have acquired a transfer or lien binding any real estate, no attachment levied upon real estate shall be a lien on the same from the levy thereof unless said attachment is entered upon the attachment docket of the county in which the real estate is situated within five days from said levy. When the attachment is entered upon the docket after the five days, the lien shall date from such entry; and it shall be the duty of the sheriff to have said entry made within the five days. Nothing in this Code section shall be construed to affect the validity or force of any attachment as between the parties thereto.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. BOARD OF POLYGRAPH EXAMINERS ACT AMENDED. Code Section 43-36-16 Amended. No. 1449 (Senate Bill No. 485). AN ACT To amend an Act creating the Board of Polygraph Examiners, approved April 9, 1968 (Ga. L. 1968, p. 1217), so as to continue the board and the laws relating to the board until certain dates; to amend Chapter 36 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Polygraph Examiners, so as to provide therein for the same change described above; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Part I Section 1. An Act creating the Board of Polygraph Examiners, approved April 9, 1968 (Ga. L. 1968, p. 1217), is hereby amended by designating the existing text of Section 3 as subsection (a) and adding a new subsection (b) of Section 3 to read as follows: (b) Pursuant to Section 9 of the `Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Board of Polygraph Examiners and the laws relating thereto are hereby continued until July 1, 1987, at which time the board shall be terminated; but the laws relating thereto shall be repealed in their entirety effective on the date specified in Section 8 of said Act. Part II Section 2. Official Code of Georgia Annotated Chapter 43-36, relating to the State Board of Polygraph Examiners, is hereby amended by striking from Code Section 43-36-16 the following: 1982, and inserting in lieu thereof the following: 1987, so that when so amended said Code section shall read as follows: 43-36-16. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Polygraph Examiners shall be terminated on July 1, 1987, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Part III Section 3. (a) Except as provided in subsection (c) of this section this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval.

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(b) Part I of this Act shall be repealed effective November 1, 1982. (c) Part II of this Act shall become effective November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 16, 1982. MOTOR VEHICLE LICENSE PLATES, ETC. Code Chapter 68-2 Amended. Code Title 40, Chapter 2 Amended. No. 1450 (Senate Bill No. 489). AN ACT To amend Code Chapter 68-2, relating to licenses for motor vehicles, as amended, so as to eliminate the payment of a $2.00 fee for lost, defaced, or destroyed county decals; to provide for the replacement of lost, defaced, or destroyed county decals; to change the penalty provisions relating to operating a vehicle without the proper county decal designating the county where the vehicle was last registered; to provide that special bicentennial license plates issued in 1976 may continue to be used after December 31, 1982; to prohibit the use of certain materials to cover or obstruct license plates; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 68-2, relating to licenses for motor vehicles, as amended, is amended by replacing subsection (f) of Code Section 68-214 with a new subsection to read as follows:

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(f) A duplicate license plate or revalidation sticker, when the original has been lost, defaced, or destroyed, may be obtained from the commissioner upon filing with him an affidavit setting forth the facts of such loss or destruction and the payment of a fee of $2.00. A license plate, when issued, shall not be transferred from one vehicle to another and shall not be used by any other person or upon any vehicle other than the one to which it is assigned, except as hereinafter provided. Any use of said plate by any other person or persons in any manner not provided for in this chapter shall be a violation thereof. A duplicate county decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner at no cost. Section 2. Said Code chapter is further amended by replacing subsection (h) of Code Section 68-214 with a new subsection to read as follows: (h) (1) Any vehicle operated in the State of Georgia after April 1 of any year, which is required to be registered, that does not have attached to the rear thereof a numbered license plate and current revalidation sticker, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated. If the owner of said vehicle presents evidence that he has properly applied for the registration of such vehicle, but that the license plate or revalidation sticker has not been delivered to him, then said owner shall not be subject to the above penalties. (2) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate. Section 2A. Said Code chapter is further amended by striking in its entirety subsection (b) of Code Section 68-214 and inserting in lieu thereof a new subsection (b) to read as follows:

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(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 abbreviation 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; provided, however, that special bicentennial license plates issued in 1976 may continue to be used after December 31, 1982, and the commissioner shall issue a special revalidation sticker for such license plates in 1983 and regular revalidation stickers thereafter. Section 3. Said Code chapter is further amended by replacing Code Section 68-215 with a new Code section to read as follows: 68-215. Display of number plates. Every motor vehicle, tractor, trailer, or motorcycle, which is in use upon the highways, shall at all times display the number plate assigned to it, and the same shall be fastened to the rear of the vehicle in a position so as not to swing, and shall be at all times plainly visible. The State Revenue Commissioner shall be authorized to adopt rules and regulations so as to permit the display of a number plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the number plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state.

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Part 2 Section 4. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by replacing Code Section 40-2-40 with a new Code section to read as follows: 40-2-40. A duplicate license plate or revalidation decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner upon filing with him an affidavit setting forth the facts of such loss or destruction and the payment of a fee of $2.00. A duplicate county decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner at no cost. Section 5. Said title is further amended by replacing Code Section 40-2-8 with a new Code section to read as follows: 40-2-8. (a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street after April 1 of each year without complying with that Code section shall be guilty of a misdemeanor. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street after April 1 of each year without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense. (b) Any vehicle operated in the State of Georgia after April 1 of any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated. If the owner of such vehicle presents evidence that he has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to him, then the owner shall not be subject to the above penalties. (c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia

Page 1588

without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate. Section 5A. Said title is further amended by striking in its entirety subsection (b) of Code Section 40-2-29 and inserting in lieu thereof a new subsection (b) to read as follows: (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, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show 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 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 decal 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; provided, however, that special bicentennial license plates issued in 1976 may continue to be used after December 31, 1982, and the commissioner shall issue a special revalidation decal for such license plates in 1983 and regular revalidation decals thereafter. Section 6. Said title is further amended by replacing Code Section 40-2-38 with a new Code section to read as follows: 40-2-38. Every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate assigned to it, and the plate shall be fastened to the

Page 1589

rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. The commissioner is authorized to adopt rules and regulations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. LICENSURE OF APPLIED PSYCHOLOGISTS ACT AMENDED. Code Section 43-39-1 Amended. No. 1451 (Senate Bill No. 497). AN ACT To amend an Act making provision for the licensure of applied psychologists, approved February 21, 1951 (Ga. L. 1951, p. 408), as

Page 1590

amended, particularly by an Act approved March 20, 1970 (Ga. L. 1970, p. 511), so as to change the definition regarding the practice of applied psychology; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act making provision for the licensure of applied psychologists, approved February 21, 1951 (Ga. L. 1951, p. 408), as amended, particularly by an Act approved March 20, 1970 (Ga. L. 1970, p. 511), is amended by striking Section 1 thereof and inserting in its place a new Section 1 to read as follows: Section 1. Practice of Applied Psychology; Definition. A person practices applied psychology within the meaning of this Act when he holds himself out to be an applied psychologist and renders or offers to render to individuals, groups, organizations or the public for fee or any remuneration, monetary or otherwise, any service involving the application of recognized principles, methods and procedures of the science and profession of psychology, such as, but not limited to, diagnosing and treating mental and nervous disorders, interviewing, administering and interpreting tests of mental abilities, aptitudes, interest and personality characteristics for such purposes as psychological classification or evaluation, or for education or vocational placement, or for such purposes as psychological counseling, guidance or readjustment. Nothing in this definition shall be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine as defined in the laws of this State. Part 2 Section 2. Code Section 43-39-1 of the Official Code of Georgia Annotated, relating to definitions regarding applied psychologists, is amended by striking paragraph (2) thereof and inserting in its place a new paragraph (2) to read as follows:

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(2) `To practice applied psychology' means to hold one's self out to be an applied psychologist and to render or offer to render to individuals, groups, organizations, or the public for a fee or any remuneration, monetary or otherwise, any service involving the application of recognized principles, methods, and procedures of the science and profession of psychology, such as, but not limited to, diagnosing and treating mental and nervous disorders, interviewing, administering, and interpreting tests of mental abilities, aptitudes, interest, and personality characteristics for such purposes as psychological classification or evaluation, or for education or vocational placement, or for such purposes as psychological counseling, guidance, or readjustment. Nothing in this paragraph shall be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine as defined in the laws of this state. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982.

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DEPARTMENT OF HUMAN RESOURCES WAIVER OF RULES, ETC. Code Section 88-110 Amended. Code Section 31-2-4 Amended. No. 1452 (Senate Bill No. 500). AN ACT To amend Code Chapter 88-1, relating to the Department of Human Resources, as amended, so as to provide for variances, waivers, and exemptions from certain rules and regulations of the department under certain conditions; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 88-1, relating to the Department of Human Resources, as amended, is amended by striking Code Section 88-110 and inserting in its place a new Code Section 88-110 to read as follows: 88-110. The Department, rules and regulations. (a) Manifestly, no legislative body can foresee or cope with all situations and conditions, which, if not promptly checked, would militate against the health of its constituents. Therefore, said Department is authorized and directed by and through its Board to adopt and promulgate rules and regulations to effect prevention, correction, and abatement of such situations and conditions. Such rules and regulations must be adopted to the purposes intended and be within the purview of the powers and duties imposed upon said Department of this Title. (b) The Department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for licensure of facilities when it has been shown that the rule or regulation is not applicable or to allow experimentation and demonstration of new and innovative approaches to delivery of services.

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(1) Waivers or variances which affect an entire class of facilities may only be approved by the Board of Human Resources and shall be for a time certain, as determined by the Board. A proposed variance or waiver which affects an entire class of facilities under this section shall be considered as a contested case pursuant to Section 3A-114 of the `Georgia Administrative Procedure Act,' as amended, except that 30 days' notice and an opportunity to submit data, views and arguments, orally or in writing, shall also be provided to any person who has requested in writing that he be placed on a mailing list to receive such notices. A notice of the proposed variance or waiver affecting an entire class of facilities shall be made in accordance with the requirements for notice of rule-making in the `Georgia Administrative Procedure Act.' (2) Variances or waivers which affect only one facility in a class may be approved or denied by the Department and shall be for a time certain, as determined by the Department. The Department shall maintain a record of such action and shall make this information available to the Board and all other persons who request it. The Department may not grant a variance or waiver to a facility for purposes of experimentation or demonstration unless the Department has first complied with the provisions for review by the Human Subjects Research Review Board as provided for in subsection (d) of this Section. (c) The Department may exempt classes of facilities from regulation when, in the Department's judgment, regulation would not permit the purpose intended or the class of facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the Board. (d) All requests for variances, waivers or exemptions based on experimentation or demonstration as provided under this section must first be submitted to the Human Subjects Research Review Board, which Board shall be established by the Department, for determination of whether human subjects are involved and whether such human subjects may be exposed to the possibility of injury including physical, psychological or sociological injury as a result of the experiment or demonstration. In no case shall a request for a waiver, variance or exemption for an experiment or demonstration determined by the Human Subjects Research Review Board to

Page 1594

involve human subjects so exposed be considered by the Department until the Human Subjects Research Review Board has determined that: (1) the risks to the subjects are so outweighed by the sum of the benefit to the subjects and the importance of the knowledge to be gained as to warrant a decision to allow the subjects to accept these risks; (2) the rights and welfare of any such subjects will be adequately protected; and (3) legally effective informed consent will be obtained by adequate and appropriate methods. Variances, waivers, or exemptions based on experimentation or demonstration may only be approved by the Board and shall be for a time certain, as determined by the Board. Notice of such proposed variances, waivers, or exemptions shall be provided as described in (b)(1). Part 2 Section 2. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking Code Section 31-2-4 and inserting in its place a new Code Section 31-2-4 to read as follows: 31-2-4. (a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations must be adapted to the purposes intended and be within the purview of the powers and duties imposed upon the department by this chapter. (b) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for licensure of facilities when it has been shown that the rule or regulation is not applicable or to allow experimentation and demonstration of new and innovative approaches to delivery of services.

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(1) Waivers or variances which affect an entire class of facilities may only be approved by the Board of Human Resources and shall be for a time certain, as determined by the board. A proposed variance or waiver which affects an entire class of facilities under this Code section shall be considered as a contested case pursuant to Code Section 50-13-13 of the `Georgia Administrative Procedure Act,' as amended, except that 30 days' notice and an opportunity to submit data, views, and arguments, orally or in writing, shall also be provided to any person who has requested in writing that he be placed on a mailing list to receive such notices. A notice of the proposed variance or waiver affecting an entire class of facilities shall be made in accordance with the requirements for notice of rule-making in the `Georgia Administrative Procedure Act.' (2) Variances or waivers which affect only one facility in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. The department may not grant a variance or waiver to a facility for purposes of experimentation or demonstration unless the department has first complied with the provisions for review by the Human Subjects Research Review Board as provided for in subsection (d) of this Code section. (c) The department may exempt classes of facilities from regulation when, in the department's judgment, regulation would not permit the purpose intended or the class of facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board. (d) All requests for variances, waivers, or exemptions based on experimentation or demonstration as provided under this Code section must first be submitted to the Human Subjects Research Review Board, which board shall be established by the department, for determination of whether human subjects are involved and whether such human subjects may be exposed to the possibility of injury including physical, psychological, or sociological injury as a result of the experiment or demonstration. In no case shall a request for a waiver, variance, or exemption for an experiment or demonstration determined by the Human Subjects Research Review Board to

Page 1596

involve human subjects so exposed be considered by the department until the Human Subjects Research Review Board has determined that: (1) The risks to the subjects are so outweighed by the sum of the benefit to the subjects and the importance of the knowledge to be gained as to warrant a decision to allow the subjects to accept these risks; (2) The rights and welfare of any such subjects will be adequately protected; and (3) Legally effective informed consent will be obtained by adequate and appropriate methods. Variances, waivers, or exemptions based on experimentation or demonstration may only be approved by the board and shall be for a time certain, as determined by the board. Notice of such proposed variances, waivers, or exemptions shall be provided as described in paragraph (1) of subsection (b) of this Code section. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982.

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GEORGIA BARBER ACT AMENDED. Code Title 43, Chapter 7 Amended. No. 1453 (Senate Bill No. 502). AN ACT To amend the Georgia Barber Act, approved April 19, 1973 (Ga. L. 1973, p. 1450), as amended, so as to continue the Georgia State Board of Barbers and the laws relating thereto but to provide for the later termination of the board and those laws; to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, the Georgia Barber Act, so as to provide for the same changes described above as well as to delete certain requirements regarding the furnishing of certificates of health; to change certain reciprocity provisions; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. The Georgia Barber Act, approved April 19, 1973 (Ga. L. 1973, p. 1450), as amended, is amended by adding immediately following Section 5A thereof a new Section 5B to read as follows: Section 5B. Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Georgia State Board of Barbers and the laws relating thereto are hereby continued until July 1, 1986, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board.

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Part 2 Section 2. Chapter 7 of Title 43 of the Official Code of Georgia Annotated, the Georgia Barber Act, is amended by adding after the semicolon at the end of paragraph (3) of subsection (a) of Code Section 43-7-11 the following: and, by striking paragraph (4) thereof, which reads as follows: (4) Presents a certificate of health, personally signed by a licensed physician of the healing arts, on a form prescribed and furnished by the board;, by redesignating paragraph (5) thereof as paragraph (4), and by striking therefrom subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) All persons making application for examination under this Code section shall be allowed to practice the occupation of barbering until the next meeting of the board held for the examination of the applicants, and the board shall issue a permit authorizing them to practice such occupation. Section 3. Said chapter is further amended by striking subsection (a) of Code Section 43-7-15 and inserting in its place a new subsection (a) to read as follows: (a) A student license shall be issued to any student duly enrolled in a licensed barber school who shall furnish the board evidence that the student has completed the seventh grade of school instruction or its equivalent. Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-7-16, which reads as follows: (1) A certificate of health, personally signed by a licensed physician of the healing arts, on a form prescribed by the board;, and by redesignating paragraphs (2) and (3) thereof as paragraphs (1) and (2), respectively.

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Section 5. Said chapter is further amended by striking Code Section 43-7-17, which reads as follows: 43-7-17. Any person shall obtain a certificate of registration under this chapter who makes application therefor to the board through the joint-secretary, pays a fee to the joint-secretary in an amount established by the board, and meets the following qualifications: (1) Is free from infectious and contagious disease at the time of filing said application; (2) Is a resident of this state; and (3) Has held for five years a license or certificate of registration as a master barber or the equivalent thereto from another state which has substantially the same requirements for licensing and registering barbers as required by this chapter., and inserting in its place a new Code Section 43-7-17 to read as follows: 43-7-17. The board may issue a license to practice under this chapter by endorsement, without examination, to persons having licenses under similar laws of another state if, in the opinion of the board, the standards and qualifications for licensure in that state are comparable to those in this state for the particular license applied for. Section 6. Said chapter is further amended by striking Code Section 43-7-18 and inserting in its place a new Code Section 43-7-18 to read as follows: 43-7-18. All licenses shall expire biennially. All applications for renewal of a license shall be filed with the joint-secretary prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. Section 7. Said chapter is further amended by striking Code Section 43-7-19 and inserting in its place a new Code Section 43-7-19 to read as follows:

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43-7-19. A license which has expired for failure to renew may be restored after application and payment of the prescribed restoration fee. Section 8. Said chapter is further amended by striking Code Section 43-7-27, which reads as follows: 43-7-27. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Barbers shall be terminated on July 1, 1982, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8., and inserting in its place a new Code Section 43-7-27 to read as follows: 43-7-27. Pursuant to Code Section 43-2-3 of the Official Code of Georgia Annotated, relating to the continuation or reestablishment of regulatory agencies, the Georgia State Board of Barbers and the laws relating thereto are continued until July 1, 1986, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Part 3 Section 9. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982.

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(c) Part 2 of this Act shall become effective on November 1, 1982. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. MOTOR VEHICLE OPERATOR LICENSES SUSPENSION. Code Section 68B-312 Amended. Code Section 40-5-63 Amended. No. 1454 (Senate Bill No. 506). AN ACT To amend Code Section 68B-312, relating to periods of suspension of drivers' licenses, as amended, so as to change the period of suspension in cases where a person who has refused to submit to a test or tests provided for in Code Section 68B-306 has been charged with homicide by a vehicle as provided in Code Section 68A-903; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. Code Section 68B-312, relating to periods of suspension of drivers' licenses, as amended, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) Any suspension made pursuant to Code Section 68B-306 of this title shall be for six months; provided, however, that, where a person who has refused to submit to a test or tests provided for in Code Section 68B-306 has been charged with homicide by a vehicle as provided in Code Section 68A-903, the suspension shall be for 12 months. Part 2 Section 2. Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that, where a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393, the suspension shall be for 12 months. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982.

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INTEREST RATES ON COUNTY AND MUNICIPAL BONDS, ETC. Code Section 36-82-122 Amended. No. 1455 (Senate Bill No. 523). AN ACT To amend an Act relating to interest rates upon certain bonds and other obligations issued by local governments, authorities, and public corporations, approved March 16, 1981 (Ga. L. 1981, p. 384), so as to eliminate the interest rate ceiling on county and municipal bonds issued pursuant to the Revenue Bond Law; to ratify the provisions of said Act; to amend the Official Code of Georgia Annotated accordingly; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act relating to interest rates upon certain bonds and other obligations issued by local governments, authorities, and public corporations, approved March 16, 1981 (Ga. L. 1981, p. 384), is amended by striking Section 3 and inserting in its place a new section to read as follows: Section 3. Interest rate. From and after the effective date of this Act, any bonds issued by a municipality shall be exempt from (a) all laws of the state governing usury or prescribing or limiting interest rates to be borne by bonds, and (b) all provisions of the Georgia Constitution prescribing or limiting interest rates to be borne by bonds to the extent that the Georgia Constitution permits the General Assembly by law to define further the powers and duties of any such municipality and to enlarge or restrict the same. The interest rate or rates to be borne by any bonds issued by a municipality shall be fixed by the governing body of such municipality in the resolution or ordinance adopted by such governing body to authorize the issuance of any such bonds. Section 2. All the terms and provisions of said 1981 Act, as amended by this Act, are ratified and reaffirmed and shall be of full force and effect.

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Part 2 Section 3. Code Section 36-82-122, relating to interest rates upon certain bonds and other obligations issued by local governments, authorities, and public corporations, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) The interest rate or rates to be borne by any bonds issued by a municipality shall be fixed by the governing body of such municipality in the resolution or ordinance adopted by such governing body to authorize the issuance of any such bonds. Part 3 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 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. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. STATE-WIDE PROBATION ACT AMENDED. Code Section 42-8-43.1 Enacted. No. 1456 (Senate Bill 531). AN ACT To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to provide for state participation in the cost of funding certain county probation systems; to provide that such county probation systems shall become a part of the state-wide probation system on a certain date; to provide that employees of such county probation systems shall, at their option, become employees of the Department of Offender Rehabilitation and be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced; to provide for other matters relative to the foregoing; to provide an effective date and conditions for the effectiveness of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended by adding a new Code section immediately following Code Section 42-8-43 to be designated Code Section 42-8-43.1 to read as follows: 42-8-43.1. (a) This Code section shall apply to county probation systems of all counties of this state having a population of

Page 1606

400,000 or more according to the United States decennial census of 1980 or any future such census, any provision of Code Section 42-8-43 to the contrary notwithstanding. The department shall participate in the cost of the county probation systems subject to this Code section for fiscal years 1982-83 and 1983-84. The department shall compute the state cost per probationer on a state-wide basis for each of the aforesaid fiscal years pursuant to the formula used by the Office of Planning and Budget to determine the state cost for probation for budgetary purposes. For each of the aforesaid fiscal years, the department shall pay to the governing authority of each county maintaining a county probation system subject to this Code section the percentage shown below of the state-wide cost per probationer for each probationer being supervised under the respective county probation system as of the first day of each of said fiscal years: (1) For fiscal year 1982-83, 10 percent; and (2) For fiscal year 1983-84, 10-100 percent. (b) The funds necessary to participate in the cost of county probation systems under subsection (a) of this Code section shall come from funds appropriated to the department for the purposes of providing state participation in the cost of county probation systems. The payments to counties provided for in subsection (a) of this Code section shall be made by, or pursuant to the order of, the department in single lump sum payment for each fiscal year, with the payment for fiscal year 1982-83 being made by May 1, 1983, and the one for fiscal year 1983-84 by May 1, 1984. As a condition necessary for a county to qualify for department participation in the cost of the county's probation system, the employees of such county probation systems shall be subject to the supervision, control, and direction of the department. (c) Each county probation system subject to the provisions of this Code section shall become a part of the state-wide probation system provided for by this article effective on July 1, 1984, and shall be fully funded from state funds as a part of the state-wide probation system beginning with fiscal year 1984-85. The employees of said county probation systems, at their option, shall become employees of the department on the date said county systems become a part of the state-wide probation system and, on or after said date, said employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department.

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Section 2. If a local Act of the General Assembly or a general law of local application is adopted and becomes effective on or before April 1, 1983, expressing approval that a county probation system affected by this Act become a part of the state-wide probation system in accordance with the terms of this Act, then this Act shall become effective as to the county probation system affected by such local Act on April 1, 1983. This Act shall become effective only for each county probation system for which a local Act or a general law of local application is adopted and effective on or before April 1, 1983, as provided in this section. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. SHERIFFS' RETIREMENT FUND OF GEORGIA ACT AMENDED. Code Section 47-16-103 Amended. No. 1457 (Senate Bill No. 551). AN ACT To amend an Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended, as as to provide that the board of commissioners may accept certain applications for reinstatement in said fund from prior members who have withdrawn the total sum which they had paid into the fund in dues; to provide interest and penalty requirements to be paid by said prior members seeking reinstatement; to set a deadline for the filing of said applications for reinstatement with the secretary-treasurer of said board of commissioners; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

Page 1608

Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act creating the Sheriffs' Retirement Fund of Georgia, approved April 16, 1963 (Ga. L. 1963, p. 630), as amended, is amended by striking Section 15 of said Act in its entirety and substituting in lieu thereof a new Section 15 to read as follows: Section 15. (a) Any member may withdraw the total sum which he has paid into the fund as dues, without interest thereon, at any time before retirement and his commencement of drawing retiring benefits, but he shall not be eligible at any time after such withdrawal to again become a member of such retirement fund or to receive any benefits provided in this Chapter. (b) Notwithstanding any provision of section 15(a), any prior member who has withdrawn the total sums which he has paid into the fund as dues prior to January 1, 1982, may be reinstated as a member of the Fund by meeting the following requirements: (1) He may claim credit for all prior services as a sheriff (only) by tendering payment of all dues which he would have paid had he been a member of the fund, with interest thereon at eight per cent per annum and with such reasonable penalty as may be provided for by said board of commissioners; in no event shall any sheriff who avails himself of this provision be permitted to claim credit for any prior service as a peace officer (except sheriff) or as a member of any of the armed services of the United States; and (2) Said application for reinstatement is filed by the prior member seeking reinstatement with the secretary-treasurer of said board of commissioners on or before June 30, 1982. Part 2 Section 2. Code Section 47-16-103 of the Official Code of Georgia Annotated, relating to the withdrawal of funds from and the reinstatement to the sheriffs' retirement system, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 47-16-103 to read as follows:

Page 1609

47-16-103. (a) Any member may withdraw the total sum which he has paid into the fund as membership dues at any time before retirement or before he begins to draw retirement benefits. No interest shall be paid on amounts so withdrawn. (b) Membership shall cease upon withdrawal of dues under subsection (a) of this Code section. No person who so withdraws his dues shall be eligible to again become a member or to receive any benefits under this chapter, provided that any prior member who, before January 1, 1982, has withdrawn the total sums which he has paid into the fund may be reinstated as a member by meeting the following requirements: (1) He may claim credit for all prior service as a sheriff by tendering payment of all dues which he would have paid had he been a member of the fund, together with interest on such amount at 8 percent per annum and such reasonable penalty as may be imposed by the board, provided that in no event shall any sheriff who rejoins the fund under this subsection be permitted to claim credit for any prior service as a peace officer, except sheriff, or as a member of the armed forces of the United States; and (2) The application for reinstatement is filed with the secretary-treasurer on or before June 30, 1982. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. Code Section 47-3-66 Amended. No. 1458 (Senate Bill No. 555). AN ACT To amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change the provisions relative to the transfer of teachers under a certain independent school system to the Teachers' Retirement System; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is amended by striking paragraph (e) of subsection (8) of Section 9 in its entirety and substituting in lieu thereof a new paragraph (e) to read as follows: (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)

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of this subsection, plus interest, as hereinafter provided, which would have accumulated on such contributions, less the amount paid on behalf of each such teacher pursuant to paragraph (d) of this subsection. Interest which would have accumulated on such contributions shall be computed on the basis of regular accrued interest until January 1, 1982, and on the basis of 16 percent per annum from January 1, 1982, until the payment required herein is made. The Board of Trustees shall determine the amount required to be paid as interest. 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 December 31, 1983, or by the date of retirement for any teacher who retires prior to December 31, 1983, whichever is earlier. Part 2 Section 2. Code Section 47-3-66 of the Official Code of Georgia Annotated, relating to membership of teachers who are employed by certain independent school systems, is amended by striking subsection (e) in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) Each teacher who becomes a member of the retirement system pursuant to subsection (c) of this Code section shall pay to the board of trustees the amount of contributions which would have been paid by the teacher to the retirement system had the teacher been a member of the retirement system during the period of creditable service established pursuant to subsection (c) of this Code section, plus interest, as hereinafter provided, which would have accumulated on such contributions, less the amount paid on behalf of each such teacher pursuant to subsection (d) of this Code section. Interest which would have accumulated on such contributions shall be computed on the basis of regular accrued interest until January 1, 1982, and on the basis of 16 percent per annum from January 1, 1982, until the payment required herein is made. The board of trustees shall determine the amount to be paid as interest. 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 December 31, 1983, or by the date of retirement for any teacher who retires prior to December 31, 1983, whichever is earlier.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. EXECUTIVE PROBATE JUDGES COUNCIL OF GEORGIA. Code Title 15, Chapter 9 Amended. No. 1459 (Senate Bill No. 567). AN ACT To create the Executive Probate Judges Council of Georgia; to provide for the membership of the council, their qualifications, appointment, election, compensation, expenses, terms of office, succession, duties, powers, authority, and responsibilities; to provide for a method of filling vacancies; to provide for meetings of the council; to provide for officers of the council and their terms; to provide for rules, regulations, practices, and procedures; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. There is established the Executive Probate Judges Council of Georgia. It shall be the duty of the council to advise and coordinate with the Institute of Continuing Judicial Education of Georgia concerning educational programs for probate judges and probate judges elect, to assist probate judges in improving the operations of the probate courts, and to perform such other duties as may be required by law or requested by judges of the probate courts. Section 2. (a) The Executive Probate Judges Council of Georgia shall be a legal entity and an agency of the State of Georgia; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source for use in defraying the expenses of the council in carrying out its duties; may adopt and use an official seal; may establish a principal office at the office of the judicial council of Georgia; may employ such administrative or clerical personnel as may be necessary and appropriate to fulfill its necessary duties; and shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes and duties. All administrative and clerical personnel shall be employees of the administrative office of the courts; and shall be a part of this budget unit. (b) The executive council shall require a sufficient bond signed by some surety or guaranty company authorized to do business in this state of any administrative or clerical personnel employed by the council and empowered to handle funds of the council. The premiums on such bonds shall be paid by the council from funds appropriated or otherwise available to the council. (c) The executive council shall establish such auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the acts and doings of the council and to make a complete report of the same to the General Assembly. The report shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense. He shall also make an audit of the affairs of the council at any time required by a majority of the council or the Governor of the State.

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Section 3. (a) The executive council shall be composed of 13 members as follows: three members from the state at large elected by the probate judges at the annual meeting of the County Officers Association for two-year terms and one member from each judicial administrative district who shall be a probate judge of the probate court and elected by the judges of the probate courts within the district for a four-year term; provided, however, that the initial members elected from judicial administrative districts 1, 2, and 3 shall serve for two-year terms and the initial members elected from judicial administrative districts 4, 5, and 6 shall serve for three-year terms. All members may succeed themselves except for the three state-at-large members. Successors shall be elected in the same manner as the original members immediately prior to the expiration of each member's term of office; provided, however, that the state-at-large members shall be elected by the probate judges at the annual meeting of the County Officers Association which occurs immediately preceding the expiration of the state-at-large members' terms of office. (b) In the event a vacancy occurs in the membership of the council as a result of a death, resignation, removal, or failure of reelection as a probate judge, the remaining members of the council shall elect a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon election. Section 4. The executive council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council. Section 5. Notwithstanding any other law, a council member shall not be ineligible to hold the office of judge of the probate court by virtue of his position as a member of the council.

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Part 2 Section 6. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts is amended by adding immediately following Article 4, a new article to be designated Article 5, to read as follows: Article 5 15-9-100. There is established the Executive Probate Judges Council of Georgia. It shall be the duty of the council to advise and coordinate with the Institute of Continuing Judicial Education of Georgia concerning educational programs for probate judges and probate judges elect, to assist probate judges in improving the operations of the probate courts, and to perform such other duties as may be required by law or requested by judges of the probate courts. 15-9-101. (a) The Executive Probate Judges Council of Georgia shall be a legal entity and an agency of the State of Georgia; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source for use in defraying the expenses of the council in carrying out its duties; may adopt and use an official seal; may establish a principal office; may employ such administrative or clerical personnel as may be necessary and appropriate to fulfill its necessary duties; and shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes and duties. (b) The executive council shall require a sufficient bond signed by some surety or guaranty company authorized to do business in this state of any administrative or clerical personnel employed by the council and empowered to handle funds of the council. The premiums on such bonds shall be paid by the council from funds appropriated or otherwise available to the council. (c) The executive council shall establish such auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the acts and doings of the council and to make a complete report of the same to the General Assembly. The report shall disclose all moneys received by the council and all expenditures made by the council, including administrative expense. He shall also make an audit of the affairs of the council at any time required by a majority of the council or the Governor of the state.

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15-9-102. (a) The executive council shall be composed of 13 members as follows: three members from the state at large elected by the probate judges at the annual meeting of the County Officers Association for two-year terms and one member from each judicial administrative district who shall be a judge of the probate court and elected by the judges of the probate courts within the district for a four-year term; provided, however, that the initial members elected from judicial administrative districts 1, 2, and 3 shall serve for two-year terms and the initial members elected from judicial administrative districts 4, 5, and 6 shall serve for three-year terms. All members may succeed themselves except for the three state at large members. Successors shall be elected in the same manner as the original members immediately prior to the expiration of each member's term of office; provided, however, that the state-at-large members shall be elected by the probate judges at the annual meeting of the County Officers Association which occurs immediately preceding the expiration of the state-at-large members' terms of office. (b) In the event a vacancy occurs in the membership of the council as a result of a death, resignation, removal, or failure of reelection as a probate judge, the remaining members of the council shall elect a qualified person to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon election. 15-9-104. The executive council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall annually elect a chairman and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the council. 15-9-105. Notwithstanding any other law, a council member shall not be ineligible to hold the office of judge of the probate court by virtue of his position as a member of the council. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) (1) Part 2 of this Act shall become effective on November 1, 1982. (2) Section 3 of 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 repealed. Approved April 16, 1982. PROBATE COURTS RECORDS. Code Sections 24-1804, 15-9-37 Amended. No. 1460 (Senate Bill No. 582). AN ACT To amend Code Section 24-1804, relating to duties of the clerk or judge of the probate court acting as such, as amended, so as to provide for the combining of certain records of the probate court; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 24-1804, relating to duties of the clerk or judge of the probate court acting as such, as amended, is amended by striking subsection 7 thereof and inserting in its place a new subsection 7 to read as follows:

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7. To keep fair and regular minutes of each session of the court, entered in a suitable book, and perform such other services during term time as the judges of the probate courts may require. Any minutes, dockets, or other records required to be kept as records of the probate court under subsections 7 or 8 of this Code section or under any other law may be combined into one or more suitable books, as the ends of justice require, but in any case shall be indexed, permanent, economical, and accessible to the public. Part 2 Section 2. Code Section 15-9-37 of the Official Code of Georgia Annotated, relating to duties of clerks or probate judges acting as clerks, is amended by striking paragraph (7) thereof and inserting in its place a new paragraph (7) to read as follows: (7) To keep fair and regular minutes of each session of the court entered in a suitable book and perform such other services as the judge may require; but any minutes, dockets, or other records required to be kept as records of the probate court under paragraphs (7) or (8) of this Code section or under any other law may be combined into one or more suitable books, as the ends of justice require, but in any case shall be indexed, permanent, economical, and accessible to the public;. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. GAME AND FISH ALLIGATORS. Code Sections 45-527, 27-3-19 Amended. No. 1461 (Senate Bill No. 590). AN ACT To amend Code Section 45-527, relating to alligator hides, skins, and products, so as to authorize the transportation, possession, and sale of alligator hides, skins, or products from alligators lawfully possessed, taken, or acquired and to require retention of documentation proving the place of origin of any such hides, skins, or meat; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 45-527, relating to alligator hides, skins, and products, is amended by striking in its entirety subsection (c) thereof and substituting in lieu thereof a new subsection (c) to read as follows: (c) It shall be unlawful for any person to possess, buy, or sell any untanned alligator hide or skin or alligator product in this state. All such hides and skins are declared to be contraband and shall be seized and disposed of as directed by the commissioner. Possession of such untanned hides or skins or alligator products in a store, warehouse, or retail place of business shall be prima-facie evidence of

Page 1620

violation of this subsection. This subsection shall not apply to alligator products made from hides or skins of alligators produced on farms licensed under this Title or from hides or skins of alligators lawfully possessed, taken, or acquired outside of this state, nor shall any provision of this subsection be construed so as to prohibit the preparation, processing, or manufacturing of such commercially grown or lawfully possessed, taken, or acquired alligator hides or meat or the storage or sale of products made therefrom., and by adding at the end of said Code Section 45-527 a new subsection (e) to read as follows: (e) Any person who possesses any untanned alligator hide, skin, or meat from any place in which the taking of alligators is lawful or from an alligator farm licensed under this Title shall retain such receipts, invoices, bills of lading, or other indicia of lawful possession, taking, or acquisition as are necessary to indicate clearly at all times the place of origin of the specific untanned alligator hides, skins, or meats possessed. Part 2 Section 2. Section 27-3-19 of the Official Code of Georgia Annotated, relating to alligator hides, skins, and products, is amended by striking in its entirety subsection (c) thereof and substituting in lieu thereof a new subsection (c) to read as follows: (c) It shall be unlawful for any person to possess, buy, or sell any untanned alligator hide or skin or alligator product in this state. All such hides and skins are declared to be contraband and shall be seized and disposed of as directed by the commissioner. Possession of such untanned hides or skins or alligator products in a store, warehouse, or retail place of business shall be prima-facie evidence of violation of this subsection. This subsection shall not apply to alligator products made from hides or skins of alligators produced on farms licensed under this title or from hides or skins of alligators lawfully possessed, taken, or acquired outside of this state, nor shall any provision of this subsection be construed so as to prohibit the preparation, processing, or manufacturing of such commercially grown or lawfully possessed, taken, or acquired alligator hides or the storage or sale of products made therefrom.,

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and by adding at the end of said Code Section 27-3-19 a new subsection (e) to read as follows: (e) Any person who possesses any untanned alligator hide, skin, or meat from any place in which the taking of alligators is lawful or from an alligator farm licensed under this title shall retain such receipts, invoices, bills of lading, or other indicia of lawful possession, taking, or acquisition as are necessary to indicate clearly at all times the place of origin of the specific untanned alligator hides, skins, or meats possessed. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. STATE BOARD OF PODIATRY EXAMINERS. Code Section 84-602 Amended. Code Title 43, Chapter 35 Amended. No. 1462 (Senate Bill No. 592). AN ACT To amend Code Section 84-602, re-creating the State Board of Podiatry Examiners, as amended, so as to continue the board and the

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laws relating thereto but to provide for the later termination of the board and those laws; to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide for the same changes described above as well as to change the definition of podiatry and prohibit certain procedures relating thereto; to change certain provisions relating to amputations, surgery, and the use of anesthetic; to provide for continuing education; to remove certain prohibitions regarding corporate, mobile, or commercial practice; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 84-602, re-creating the State Board of Podiatry Examiners, as amended, is amended by adding at the end thereof a new paragraph to read as follows: Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the State Board of Podiatry Examiners and the laws relating thereto are hereby continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board.

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Part 2 Section 2. Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, is amended by striking paragraph (2) of Code Section 43-35-1 and inserting in its place a new paragraph (2) to read as follows: (2) `Podiatry' (chiropody) means performing, for a fee or other compensation received directly or indirectly, any examination, diagnosis, or medical, surgical, mechanical, manipulative, or electrical treatment of diseases, ailments, injuries, or abnormal conditions of the human foot or leg, except that podiatry shall not include the performing of and a podiatrist shall not perform (A) any surgical procedure under general anesthesia, unless administered by or under the direction of a qualified anesthesiologist licensed to practice medicine under Chapter 34, or (B) any amputation. Section 3. Said chapter is further amended by adding at the end of Code Section 43-35-7 a new subsection (f) to read as follows: (f) The board, in its discretion, may require that licensees under this chapter meet board specified continuing education requirements as a prerequisite for license renewal. Section 3.1. Said chapter is further amended by striking Code Section 43-35-10, which reads as follows: 43-35-10. No podiatrist shall perform any amputation or use any anesthetic other than local. Section 4. Said chapter is further amended by striking Code Section 43-35-11, which reads as follows: It shall be unlawful for any person or persons to incorporate under the laws of this state for the purpose of practicing podiatry, provided that this restriction shall not apply to accredited podiatry colleges whose students are receiving their practical training under the personal supervision of licensed podiatrists. It shall be unlawful for any foreign corporation organized for such purpose to attempt to practice podiatry in this state. Any podiatrist must practice in an ethical, professional office and not in, or as a part of, any corporation, or in any unauthorized mobile vehicle, or in direct connection with, or employment by, any commercial establishment other than a hospital, approved clinic, or recognized, accredited college of podiatry.

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Section 5. Said chapter is further amended by striking Code Section 43-35-14 and inserting in its place a new Code Section 43-35-14 to read as follows: 43-35-14. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies' the State Board of Podiatry Examiners shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Part 3 Section 6. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. MOTOR VEHICLE INSURANCE POLICIES. Code Sections 56-414, 68C-608, 33-7-15, 40-9-103 Amended. No. 1463 (Senate Bill No. 593). AN ACT To amend Code Chapter 56-4, relating to kinds of insurance, reinsurance, and limits of risk, as amended, so as to provide that no

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motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains certain provisions; to provide that noncompliance by the insured with such policy provisions shall constitute a breach of the insurance contract which, if perjudicial to the insurer, shall relieve the insurer of certain obligations; to amend Code Chapter 68C-6, relating to other provisions pertaining to financial responsibility, so as to provide that no compulsory motor vehicle liability insurance policy or assigned risk motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains certain provisions; to provide that noncompliance by the insured with such policy provisions shall constitute a breach of the insurance contract which, if perjudicial to the insurer, shall relieve the insurer of certain obligations; to provide for conditions and exceptions; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 56-4, relating to kinds of insurance, reinsurance, and limits of risk, as amended, is amended by adding a new Code Section 56-414 at the end thereof to read as follows: 56-414. (a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.

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(b) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds. In the event the insuror denies coverage and it is determined by declaratory judgment or other civil process that there is in fact coverage, the insuror shall be liable to the insured for legal cost and attorney's fees as may be awarded by the court. (c) Subsections (a) and (b) of this Code section shall not operate to deny coverage for failure to send a copy of a summons or other process relating to policy coverage if such documents are sent by a third party to the insurer or to the insurer's agent by certified mail within ten days of the filing of such documents with the clerk of the court. If the name of the insurer or the insurer's agent is unknown, the third party shall have a period of 30 days from the date the insurer or agent becomes known in which to send these required documents. Such documents must be sent to the insurer or agent at least 30 days prior to the entry of any judgment against the insured. Section 2. Code Chapter 68C-6, relating to other provisions pertaining to financial responsibility, is amended by adding a new Code Section 68C-608 at the end thereof to read as follows: 68C-608. (a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy. (b) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds.

Page 1627

In the event the insuror denies coverage and it is determined by declaratory judgment or other civil process that there is in fact coverage, the insuror shall be liable to the insured for legal cost and attorney's fees as may be awarded by the court. (c) Subsections (a) and (b) of this Code section shall not operate to deny coverage for failure to send a copy of a summons or other process relating to policy coverage if such documents are sent by a third party to the insurer or to the insurer's agent by certified mail within ten days of the filing of such documents with the clerk of the court. If the name of the insurer or the insurer's agent is unknown, the third party shall have a period of 30 days from the date the insurer or agent becomes known in which to send these required documents. Such documents must be sent to the insurer or agent at least 30 days prior to the entry of any judgment against the insured. Part 2 Section 3. Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risk, and reinsurance, is amended by adding a new Code Section 33-7-15 at the end thereof to read as follows: 33-7-15. (a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy. (b) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds. In the event the insuror denies coverage and it is determined by declaratory judgment or other civil process that there is in fact coverage, the insuror shall be liable to the insured for legal cost and attorney's fees as may be awarded by the court.

Page 1628

(c) Subsections (a) and (b) of this Code section shall not operate to deny coverage for failure to send a copy of a summons or other process relating to policy coverage if such documents are sent by a third party to the insurer or to the insurer's agent by certified mail within ten days of the filing of such documents with the clerk of the court. If the name of the insurer or the insurer's agent is unknown, the third party shall have a period of 30 days from the date the insurer or agent becomes known in which to send these required documents. Such documents must be sent to the insurer or agent at least 30 days prior to the entry of any judgment against the insured. Section 4. Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans, self-insurers, and spot insurance, is amended by adding a new Code Section 40-9-103 at the end thereof to read as follows: 40-9-103. (a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy. (b) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds. In the event the insuror denies coverage and it is determined by declaratory judgment or other civil process that there is in fact coverage, the insuror shall be liable to the insured for legal cost and attorney's fees as may be awarded by the court. (c) Subsections (a) and (b) of this Code section shall not operate to deny coverage for failure to send a copy of a summons or other process relating to policy coverage if such documents are sent by a third party to the insurer or to the insurer's agent by certified mail within ten days of the filing of such documents with the clerk of the

Page 1629

court. If the name of the insurer or the insurer's agent is unknown, the third party shall have a period of 30 days from the date the insurer or agent becomes known in which to send these required documents. Such documents must be sent to the insurer or agent at least 30 days prior to the entry of any judgment against the insured. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. GAME AND FISH CODE AMENDED. Code Title 27 Amended. No. 1464 (Senate Bill No. 596). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, known as the Game and Fish Code, so as to eliminate poisonous snakes from the provision prohibiting the destruction or disturbance of the habitats of wildlife; to change the provisions relating to confiscation and seizure of property used in night hunting; to delineate a new salt-water and fresh-water demarcation line for fishing

Page 1630

licenses, commercial fishing, and sport fishing; to provide an exception to the salt-water and fresh-water demarcation line for purposes of crabbing on the Altamaha River; 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. Title 27 of the Official Code of Georgia Annotated, known as the Game and Fish Code, is amended by striking Code Section 27-1-30 in its entirety and substituting in lieu thereof a new Code Section 27-1-30 to read as follows: 27-1-30. Except as otherwise provided by law or regulation, it shall be unlawful to disturb, mutilate, or destroy the dens, holes, or homes of any wildlife; to blind wildlife with lights; or to use explosives, chemicals, electrical or mechanical devices, or smokers of any kind in order to drive such wildlife out of such habitats; provided that this Code section shall not apply to poisonous snakes. Section 2. Said title is further amended by striking subsection (c) of Code Section 27-3-48 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any vehicle, boat, animal, or firearm used in the hunting of deer at night, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of such property. A copy of the petition shall be served upon the person or persons having custody or possession of the property at the time of the confiscation or seizure and, if known, upon any owner or lessee of the property and any person having a duly recorded security interest in or lien upon the property. If the owner, lessee, or person or persons having custody or possession of the property at the time of seizure is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. The publication shall be deemed notice to any and all persons having an interest in or right affected by the proceeding and

Page 1631

any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise, the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that the property was so used and that such use was with the consent, express or implied, of the owner, the property shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from the sale shall be applied: (1) To the payment of proper costs and expenses, including expenses incurred in the seizure; (2) To the payment of the cost of the court and its officers; (3) To the payment of any cost incurred in the storage, advertisement, maintenance, or care of the property; and (4) If any money remains, to the state treasury. The Attorney General may, upon the request of the commissioner, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property. Section 3. Said title is further amended by striking subsection (f) of Code Section 27-3-48 in its entirety and substituting in lieu thereof a new subsection (f) to read as follows: (f) Any party at interest may appear, by answer under oath, and make his defense. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the property seized, if illegally used by another, was used without the knowledge, connivance, or consent, expressed or implied, of the owner, lessee, security interest holder, or lienholder. The holder of any bona fide lien on or security interest in the property shall be protected to the full extent of his lien or security interest, respectively; provided, however, that nothing contained in this Code section shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by him.

Page 1632

Section 4. Said title is further amended by striking Code Section 27-4-1 in its entirety and substituting in lieu thereof a new Code Section 27-4-1 to read as follows: 27-4-1. (a) The line established in this state as the separation point between salt waters and fresh waters for fishing licenses, commercial fishing, and sport fishing is as follows: (1) The point at which U.S. Highway 17 crosses the following bodies of water and their tributaries shall be the line of demarcation for them: St. Mary's River, Satilla River, South Altamaha River, Champney River, Butler River, Darien River, and Little Ogeechee System, except Salt Creek, North Newport River, Medway River, Big Ogeechee River, and Savannah River. All water seaward of these points shall be considered salt water; and (2) The following streams and their tributaries are designated as salt water for their entire length: Crooked River, Little Satilla River, South Brunswick River, Turtle River, Sapelo River, South Newport River, Salt Creek (Little Ogeechee System), and all other rivers, streams, and tributaries in the six coastal counties which are not enumerated in this subsection. (b) This Code section shall not apply to fresh-water ponds on the seaward side of the demarcation line. Section 5. Said title is further amended by striking subsection (a) of Code Section 27-4-151 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (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 streams and that portion of the Altamaha River System which is seaward of the points at which U.S. Highway I-95 crosses the streams of that system 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 Code Section 27-4-1 or by this subsection.

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Section 6. This Act shall become effective on November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. MOTOR VEHICLES SUSPENSION OF OPERATORS LICENSES. Code Sections 68B-307, 40-5-57 Amended. No. 1465 (Senate Bill No. 599). AN ACT To amend Code Section 68B-307, relating to the authority of the Department of Public Safety, to suspend or revoke licenses, as amended, so as to require the Department of Public Safety to deduct any points assessed against an individual and to remove the uniform traffic citation issued therefor from the records of the individual under certain circumstances; to provide for other matters relative to the foregoing; to amend Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of licenses, so as to provide therein for the same changes described above; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 68B-307, relating to the authority of the Department of Public Safety, to suspend or revoke licenses, as amended, is amended by striking subsection (c) of said Code section in its entirety and substituting in lieu thereof the following:

Page 1634

(c) (1) (A) The points to be assessed for each offense shall be as provided in the following schedule: Reckless driving7 points Unlawful passing of a school bus6 points Improper passing on a hill or a curve4 points Exceeding the speed limit by more than 11 miles per hour but less than 16 miles per hour2 points Exceeding the speed limit by 16 miles per hour or more but less than 21 miles per hour3 points Exceeding the speed limit by 21 miles per hour or more but less than 31 miles per hour4 points Exceeding the speed limit by 31 miles per hour or more6 points Disobedience of any traffic-control device or traffic officer3 points All other moving traffic violations which are not speed limit violations3 points. (B) The Commissioner shall suspend the driver's license of any person who has accumulated a violation point count of 15 or more points in any consecutive 24-month period: Provided that a second or subsequent plea of nolo contendere, within the preceding five years, to a charge of committing an offense listed in this subsection (c) shall be considered a conviction for the purposes of this Section. At the end of the period of suspension, the violation point count shall be reduced to 0 points. (2) Any points assessed against an individual for exceeding the speed limit shall be deducted from that individual's accumulated violation point count and the uniform traffic citation issued therefor shall be removed from the individual's record if:

Page 1635

(A) The points were assessed based on the use of a radar speed detection device by a county or municipality during a period of time when the Commissioner has determined that such county or municipality was operating a radar speed detection device in violation of an Act providing for the use of radar speed detection devices by counties and municipalities, approved March 27, 1968 (Ga. L. 1968, p. 425), as amended, and (B) The Commissioner has suspended or revoked the radar speed detection device permit of such county or municipality pursuant to Section 8 of said Act. Part 2 Section 2. Code Section 40-5-57 of the Official Code of Georgia Annotated, relating to suspension or revocation of licenses, is amended by striking subsection (c) of said Code section in its entirety and substituting in lieu thereof the following: (c) (1) (A) The points to be assessed for each offense shall be as provided in the following schedule: Reckless driving 7 points Unlawful passing of a school bus 6 points Improper passing on a hill or a curve 4 points Exceeding the speed limit by more than 11 miles per hour but less than 16 miles per hour 2 points Exceeding the speed limit by 16 miles per hour or more but less than 21 miles per hour 3 points Exceeding the speed limit by 21 miles per hour or more but less than 31 miles per hour 4 points Exceeding the speed limit by 31 miles per hour or more 6 points Disobedience of any traffic-control device or traffic officer 3 points All other moving traffic violations which are not speed limit violations 3 points

Page 1636

(B) The commissioner shall suspend the driver's license of any person who has accumulated a violation point count of 15 or more points in any consecutive 24 month period. A second or subsequent plea of nolo contendere, within the preceding five years, to a charge of committing an offense listed in this subsection shall be considered a conviction for the purposes of this Code section. At the end of the period of suspension, the violation point count shall be reduced to zero points. (2) Any points assessed against an individual for exceeding the speed limit shall be deducted from that individual's accumulated violation point count and the uniform traffic citation issued therefor shall be removed from the individual's record if: (A) The points were assessed based on the use of a radar speed detection device by a county or municipality during a period of time when the commissioner has determined that such county or municipality was operating a radar speed detection device in violation of Chapter 40-14 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices; and (B) The commissioner has suspended or revoked the radar speed detection device permit of such county or municipality pursuant to Code Section 40-14-11. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. BUILDING AND CONSTRUCTION STANDARDS. Code Title 8, Chapter 2 Amended. No. 1466 (Senate Bill No. 602). AN ACT To amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for the construction and alteration of buildings and other structures, so as to provide for the certification of industrialized buildings and for the establishment of uniform health and safety standards and inspection procedures for industrialized buildings; to provide for findings and for the purpose of this Act; to provide for definitions; to provide for the regulation of industrialized buildings; to provide for application and scope and for the promulgation of rules and regulations to interpret and make specific the provisions provided herein; to provide for the approval of out-of-state industrialized buildings; to provide for appeals; to provide for injunctive relief; to provide for civil courses of action; to provide for penalties; to provide for other matters relative to the foregoing; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 1638

Section 1. Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for the construction and alteration of buildings and other structures, is amended by striking in its entirety Part 1 of Article 2 and inserting in lieu thereof a new Part 1 to read as follows: 8-2-110. The General Assembly finds that, in an effort to meet the building needs within the state, the private construction industry has developed mass production techniques which can substantially reduce construction costs and that the mass production of buildings presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures. The General Assembly further finds that, by minimizing the problems of standards and inspection procedures, it is demonstrating its intention to encourage the reduction of building construction costs and to make building and home ownership more feasible for all residents of the state. 8-2-111. As used in this part, the term: (1) `Commissioner' means the commissioner of community affairs. (2) `Component' means any assembly, subassembly, or combination of parts for use as a part of a building, which may include structural, electrical, plumbing, mechanical, and fire protection systems and other systems affecting health and safety. (3) `Industrialized building' means any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to or destruction thereof. (4) `Installation' means the assembly of an industrialized building on site and the process of affixing the industrialized building, component, or system to land, a foundation, footings, or an existing building. (5) `Local government' means a county or municipality of this state.

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(6) `Manufacture' means the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, or semifinished materials. (7) `Site' means the entire tract, subdivision, or parcel of land on which the industrialized building is installed. (8) `System' means structural, plumbing, mechanical, electrical, or fire safety elements, materials, or components used separately or combined for use in a building. (9) `Temporary structure' means a building not designed to be mounted on a permanent foundation and is only intended to be used during the time permanent facilities are being constructed. A temporary structure shall not include a structure used as a dwelling. 8-2-112. (a) (1) An industrialized building manufactured after the effective date of the rules adopted pursuant to Code Section 8-2-113 which is sold, offered for sale or installed within this state must bear the insignia of approval issued by the commissioner. (2) This Code section shall not apply to industrialized buildings which are inspected and approved by a local government which has jurisdiction at the site of installation and which are inspected at the place of and during the time of manufacture in accordance with standards established by the commissioner. The cost of the inspection shall be borne by the manufacturer. The commissioner shall be notified of the installation of all such buildings in a manner as the commissioner shall prescribe by rule. (b) (1) All industrialized buildings bearing an insignia of approval issued by the commissioner pursuant to this part shall be held to comply with the requirements of all ordinances or regulations enacted by any local government which are applicable to the manufacture or installation of such buildings. The determination by the commissioner of the scope of such approval is final. (2) No industrialized buildings or component bearing an insignia of approval issued by the commissioner pursuant to this part shall be in any way modified prior to or during installation unless approval is first obtained from the commissioner.

Page 1640

(3) Industrialized buildings which have been inspected and approved by a local government agency shall not be modified prior to or during installation unless approval for the modification is first obtained from the local government agency. (c) The commissioner by rule shall establish a schedule of fees to pay the costs incurred for the work related to administration and enforcement of this Code section. (d) All rules and regulations promulgated by the commissioner under this part shall be adopted pursuant to Chapter 13 of Title 50. 8-2-113. (a) The commissioner shall promulgate rules and regulations to interpret and make specific the provisions of this part. These rules and regulations shall include provisions imposing requirements reasonably consistent with recognized, nationally accepted standards. The commissioner shall adopt other rules and regulations necessary to carry out the provisions of this part. (b) The commissioner shall enforce the provisions of this part and the rules and regulations adopted pursuant hereto, except that inspection authority may be delegated to a local government agency, an approved inspection agency, or an agency of another state in such manner as the commissioner shall determine. (c) The rules promulgated by the State Building Administrative Board pursuant to an Act providing for certification of factory-built housing and for the establishment of uniform health and safety standards and inspection procedures for factory-built housing, approved April 1, 1971 (Ga. L. 1971, p. 364), as amended, shall continue in full force and effect until the effective date of rules adopted pursuant to this part. Units approved under the provisions of the State Building Administrative Board's rules shall be deemed to comply with the requirements of rules promulgated pursuant to this part. (d) The commissioner shall consult with and obtain the advice of an advisory committee on industrialized buildings in the drafting, promulgation, and revision of rules and regulations to be adopted for the purpose of this part. The committee shall consist of 11 members appointed by the commissioner and approved by the Governor to serve at the commissioner's pleasure. Members of said committee shall consist of technically qualified, interested, and affected persons

Page 1641

appointed by the commissioner from the following professional, technical, and occupational fields: (1) One member shall be associated with the practice of architecture; (2) One member shall be associated with the practice of structural engineering; (3) One member shall be associated with building code enforcement; (4) One member shall be associated with the practice of mechanical engineering or contracting; (5) One member shall be associated with the practice of electrical engineering or contracting; (6) One member shall be from the industrialized building industry; (7) One member shall be a member of a municipal governing body; (8) One member shall be a member of the governing body of a county; (9) One member shall be associated with the industrialized building evaluation-inspection service; (10) One member shall be from an area planning and development commission; and (11) One member shall be appointed from any state agency actively involved with housing. (e) The advisory committee shall meet on call by the commissioner, and the members of the advisory committee shall be reimbursed for any reasonable and necessary travel and other expenses actually incurred by them while attending meetings of said committee.

Page 1642

(f) Recommendations from this committee shall be subject to approval by an advisory committee appointed by the commissioner pursuant to Code Section 8-2-24. (g) The commissioner may set qualifications and employ and fix the compensation of any state inspectors or other employees necessary to carry out the provisions of this part. The commissioner may authorize such state inspectors to travel within or without the state for the purpose of inspecting industrialized buildings and manufacturing facilities to determine compliance of such structures with standards promulgated pursuant to this part. Upon the request of a local government, the commissioner may authorize a state inspector to visit any site of installation of industrialized buildings for the purpose of inspecting such installation on behalf of the local government requesting such service. The cost of any inspections made pursuant to this subsection shall be borne by the manufacturer in such manner as the commissioner may prescribe by rule. (h) The commissioner may establish necessary training programs for a local government enforcement agency and inspection agency personnel. 8-2-114. (a) If the commissioner determines that the standards for construction and inspection of industrialized buildings prescribed by statute or rule of another state are reasonably consistent with the standards developed by the commissioner under this part and that such standards are actually enforced by such other state, the commissioner may provide by rule that industrialized buildings approved by such other state are approved by the commissioner. (b) The commissioner may assign inspection authority contained in this part by contract with political subdivisions of the State of Georgia, private persons, corporations, and associations. 8-2-115. (a) Any person aggrieved by the application of any rule or regulation to such person, which rule or regulation is promulgated pursuant to this part, may appeal such application of such rule or regulation. Any such appeal shall be made to an appeals committee appointed by the commissioner which shall consist of not less than three nor more than five members. (b) The commissioner may promulgate rules and regulations pertaining to the hearing of appeals consistent with the provisions of this Code section.

Page 1643

(c) A final decision of an appeals committee of the commissioner may be appealed in the same manner specified in Chapter 13 of Title 50 to the same courts with the same rights and limitations specified in such chapter. 8-2-116. The commission may obtain injunctive relief from the superior court to enjoin the sale, delivery, or installation or to require the repair or removal of an industrialized building upon an affidavit specifying the manner in which the industrial building does not conform to the requirements of this part or to rules and regulations promulgated pursuant hereto. 8-2-117. Notwithstanding any other remedy at law, a person who suffers an injury to his person or property or to his person and property as a result of a violation of this part or rules and regulations adopted pursuant hereto shall have a cause of action against the manufacturer, installer, or manufacturer and installer of the industrialized building causing such injury. Any award may include damages and the cost of litigation, including reasonable attorney's fees. 8-2-118. A person who violates any of the provisions of this part or any rule or regulation adopted pursuant hereto shall be guilty of a misdemeanor. A separate violation shall be deemed to have occurred with respect to each industrialized building or component involved. 8-2-119. The provisions of this part shall not apply to Part 2 of this article relating to mobile homes. Section 2. This Act shall become effective upon 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 repealed. Approved April 16, 1982.

Page 1644

GEORGIA BOARD OF REGISTERED PROFESSIONAL SANITARIANS. Code Title 43, Chapter 42 Amended. No. 1467 (Senate Bill No. 620). AN ACT To amend Chapter 42 of Title 43 of the Official Code of Georgia Annotated, relating to professional sanitarians, so as to change the membership of the Georgia Board of Registered Professional Sanitarians and to provide for a quorum; to abolish the board's advisory council but to provide for resource councils; to change certain requirements relating to examinations and applications therefor and provide for licenses, certificates, and fees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 42 of Title 43 of the Official Code of Georgia Annotated, relating to professional sanitarians, is amended by striking Code Section 43-42-2, which reads as follows: 43-42-2. (a) There is created the Georgia Board of Registered Professional Sanitarians, to be composed of seven members who are citizens of the United States and legal residents of this state and who are appointed by the Governor as provided in subsections (e) and (f) of this Code section. (b) No member of such board shall be appointed for more than two consecutive terms. (c) Vacancies on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment. (d) The Governor may remove any member from the board for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct. (e) Six members of the board shall at all times consist of the following:

Page 1645

(1) One registered professional sanitarian from the Department of Agriculture; (2) One registered professional sanitarian from a Department of Human Resources local health department; (3) One registered professional sanitarian from the Department of Human Resources, state level; (4) One registered professional sanitarian from the College of Agriculture of the University of Georgia; (5) One registered professional sanitarian from a unit of the University System of Georgia other than the University of Georgia; and (6) One registered professional sanitarian from the industries in which registered professional sanitarians are employed. Those persons serving as such members immediately prior to July 1, 1980, shall serve out their terms of office. Thereafter, the term of each such member shall be for three years and until the appointment and qualification of a successor. (f) One member of the board shall be a consumer member who is not a registered professional sanitarian. The initial term of the consumer member shall begin July 1, 1980, and end June 30, 1982, upon the appointment and qualification of a successor. Thereafter, the term of the consumer member shall be for three years and until the appointment and qualification of a successor. The consumer member may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of registered professional sanitarians for licensing in this state. (g) The board shall meet annually and shall elect from its members a president and a vice-president and such other officers as the board may deem necessary. All officers shall be elected annually by the board for terms of one year each or until their successors shall have been elected. The board may hold such other meetings during the year as may be necessary to transact its business. (h) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.,

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and inserting in its place a new Code Section 43-42-2 to read as follows: 43-42-2. (a) There is created the Georgia Board of Registered Professional Sanitarians, to be composed of eight members who are legal residents of this state and who are appointed by the Governor as provided in subsections (e) and (f) of this Code section. (b) No member of such board shall be appointed for more than two consecutive terms. (c) Vacancies on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment. (d) The Governor may remove any member from the board for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct. (e) Eight members of the board shall at all times consist of the following: (1) One registered professional sanitarian from the Georgia Department of Agriculture, district level, and the member serving as the registered professional sanitarian from the Georgia Department of Agriculture immediately prior to the effective date of this Code section shall be deemed to be the district level member from that department. Upon the expiration of that member's term, successors shall be appointed from the Georgia Department of Agriculture, district level; (2) One registered professional sanitarian from the Georgia Department of Agriculture, state level, who shall be appointed for an initial term beginning November 1, 1982, and ending December 31, 1984, and until the appointment and qualification of a successor. Thereafter, successors shall serve for terms of three years and until their successors are appointed and qualified; (3) One registered professional sanitarian from a Department of Human Resources local health department; (4) One registered professional sanitarian from the Department of Human Resources, state level;

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(5) One registered professional sanitarian from the College of Agriculture of the University of Georgia; (6) One registered professional sanitarian from the University System of Georgia other than the University of Georgia; and (7) One registered professional sanitarian who is not an employee of government. Those persons serving as such members immediately prior to July 1, 1980, shall serve out their terms of office. Thereafter, the term of each such member shall be for three years and until the appointment and qualification of a successor. (8) One member of the board shall be a consumer member who is not a registered professional sanitarian. The initial term of the consumer member shall begin July 1, 1980, and end June 30, 1982, upon the appointment and qualification of a successor. Thereafter, the term of the consumer member shall be for three years and until the appointment and qualification of a successor. (f) The board shall meet annually and shall elect from its members a president and a vice-president and such other officers as the board may deem necessary. All officers shall be elected annually by the board for terms of one year each or until their successors shall have been elected. The board may hold such other meetings during the year as may be necessary to transact its business. Five members of the eight board members shall constitute a quorum. (g) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. Section 2. Said chapter is further amended by striking from paragraph (12) of Code Section 43-42-3, relating to powers and duties of the board, the following: ;and, and inserting in its place a semicolon, and by striking the period in paragraph (13) and inserting in its place the following: ;and,

Page 1648

and by adding a new paragraph (14) thereafter to read as follows: (14) To appoint, at such times as it deems necessary, one or more resource councils consisting of nonboard members to serve at the pleasure of the board and provide assistance to the board in carrying out its duties, provided that at no time shall the membership of any such council exceed six persons, nor shall the members thereof receive any compensation, allowances, or expenses for services thereon. Section 3. Said chapter is further amended by striking in its entirety Code Section 43-42-4, which reads as follows: 43-42-4. (a) There is established an advisory council of 11 members, which council shall consist at all times of one representative from each of the following organizations, agencies, professions, or offices: (1) Georgia Environmental Health Association; (2) Georgia Public Health Association; (3) Two members from industries that employ registered professional sanitarians; (4) Department of Agriculture; (5) Department of Human Resources; (6) College of Agriculture of the University of Georgia; (7) Federal Environmental Protection Agency; (8) One doctor of veterinary medicine; (9) One mayor who is a member of the Georgia Municipal Association; and (10) One county commissioner who is a member of the Association County Commissioners of Georgia. (b) All advisory council members shall be appointed by the board for terms of three years each. The board may remove any

Page 1649

member from the council for neglect of duty required by law or for incompetency or unprofessional or dishonorable conduct. Vacancies on the council may be filled by the board by appointment of a member to serve the remainder of the unexpired term. (c) The council shall meet annually on the second Monday in September and elect a chairman, a vice-chairman, and a secretary and shall meet at other times on call from the chairman or written demand of five members. There shall be at least one meeting annually with the board and such other joint meetings as deemed necessary by the board and the council. (d) It shall be the duty of the council to advise the board concerning any and all matters coming within the purview of this chapter and the enforcement thereof, which in the opinion of the board of the council, or both, shall be deemed necessary or expedient. (e) The members of the council shall receive no compensation. Section 4. Said chapter is further amended by striking Code Section 43-42-5 in its entirety and inserting in its place a new Code Section 43-42-5 to read as follows: 43-42-5. (a) Any person desiring to be licensed as a registered professional sanitarian in this state shall make written application to the board to take the sanitarian examination. The application shall include evidence that the applicant will possess, within 30 days after the examination and as certified by the department head and dean of applicant's college or university, or already possesses a degree from a four-year accredited college or university with a minimum of 40 quarter-hours in basic physical, biological, and sanitary sciences. (b) The application shall be accompanied by a fee in the amount established and published by the board. (c) If the board determines that an applicant possesses the proper qualifications, it shall admit the applicant to the next examination. (d) The board shall hold at least one examination each year and may hold such additional examinations as are necessary. The preparation, administration, and grading of examinations shall be governed by rules prescribed by the board.

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(e) After each examination, the joint-secretary shall notify each examinee of the result of his examination. Any person failing an examination shall be admitted to any subsequent examination on payment of the appropriate fee. (f) The board shall issue licenses to persons who have successfully completed the examination and have completed two years of on-the-job training; provided, however, that the board may accept one year of on-the-job training where the applicant has participated in a board approved organized training program sponsored by industry or government. The joint-secretary shall record the new licenses and issue a certificate of registration for the new licenses. Section 5. This Act shall become effective November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. REMOVAL OF ABANDONED MOTOR VEHICLES, ETC. Code Section 40-11-5 Amended. No. 1468 (Senate Bill No. 623). AN ACT To amend an Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other matters relative thereto, approved March 24, 1980 (Ga. L. 1980, p. 995), as amended by an Act approved March 24, 1981 (Ga. L. 1981, p. 469), so as to provide for the fee which shall be charged for the filing of certain affidavits; to provide for the method of providing certain notices; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act providing for the removal, storage, and disposal of abandoned motor vehicles and providing for other matters relative thereto, approved March 24, 1980 (Ga. L. 1980, p. 995), as amended by an Act approved March 24, 1981 (Ga. L. 1981, p. 469), is amended by striking subsections (b) and (c) of Section 5 of said Act in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) (1) If, within ten days of delivery to the appropriate address of the written demand required by subsection (a), the owner of the abandoned motor vehicle fails to respond to such demand or refuses to pay or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Section 2 of this Act have been complied with, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his signature thereto. (2) Regardless of the court in which the affidavit required by this subsection is filed, the fee for filing such affidavit shall be $5.00 per motor vehicle upon which a lien is asserted. (c) (1) Upon such affidavit's being filed, the lien claimant shall give the clerk or judge of the court the address (if known) of the owner, lessor, lessee, security interest holder, and lienholder of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holder, and lienholder of the abandoned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that said hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.

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(2) Any notice required by this subsection shall be by certified mail or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted. Part 2 Section 2. Code Section 40-11-5 of the Official Code of Georgia Annotated, relating to the foreclosure of liens on abandoned motor vehicles, is amended by striking paragraphs (3) and (4) of said Code section in their entirety and inserting in lieu thereof new paragraphs (3) and (4) to read as follows: (3) (A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned motor vehicle fails to respond to such demand or refused to pay, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 40-11-2 have been complied with, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his signature thereto. (B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $5.00 per motor vehicle upon which a lien is asserted. (4) (A) Upon such affidavit's being filed, the lien claimant shall give the clerk or judge of the court the address (if known) of the owner, lessor, lessee, security interest holders, and lienholders of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holders, and lienholders of the abandoned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such

Page 1653

hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed. (B) Any notice required by this paragraph shall be by certified mail or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. ELECTIONS RECALL OF PUBLIC OFFICIALS. Code Sections 21-4-6, 21-4-7 Amended. No. 1469 (Senate Bill No. 639). AN ACT To amend Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to elections for the recall of public officials, so as

Page 1654

to require additional information to be written or printed on the recall petition; to require certain information to be read by, or read to, each person who signs a petition; to change the form of the affidavit of the circulator of the recall petition; 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. Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to elections for the recall of public officials, is amended by striking Code Section 21-4-6, relating to forms, in its entirety and inserting in lieu thereof a new Code Section 21-4-6 to read as follows: 21-4-6. (a) The form of the recall petition shall be substantially as follows: RECALL PETITION

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(b) The following statements shall be written or printed on each petition and each signer must read, or be read, the following statements: `(1) 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 shall be guilty of a misdemeanor; (2) If (insert appropriate number) electors sign this petition, there will be an election at which a majority of the electors voting therein will determine whether the above-named official will be removed from office.' Section 2. Said chapter is further amended by striking Code Section 21-4-7, relating to procedures for circulating recall petitions, in its entirety and inserting in lieu thereof a new Code Section 21-4-7 to read as follows: 21-4-7. (a) All signers of a single recall petition shall be electors who are registered and eligible to vote in the recall election and who reside in the electoral district of the officer sought to be recalled. 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.

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(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, 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 number and street or route and city, the name of the county, and the date on which the elector signed 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, that 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 shall verify, in an affidavit subscribed and sworn to by him before a notary public, 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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(f) An elector may change the way his signature and residence address appear on a recall petition at any time prior to the filing of the petition for verification by striking through his name and initialing the strike-through and re-signing the petition with his printed name corrected accordingly. Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982.

Page 1658

BOND FORFEITURES. Code Sections 17-6-70, 17-6-72 Amended. No. 1470 (Senate Bill No. 644). AN ACT To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to proceedings for forfeiture of bonds or recognizances; to provide that judgment of forfeiture shall not be entered in cases where the defendant has not been brought to trial for a period of three 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. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking Code Section 17-6-70 in its entirety and inserting in lieu thereof a new Code Section 17-6-70 to read as follows: 17-6-70. Upon the failure of any principal in any bond or recognizance given by a person charged with a penal offense to appear or of a witness to appear and testify, the prosecuting attorney shall proceed to forfeit such bond or recognizance. Section 2. Said chapter is further amended by adding at the end of Code Section 17-6-72 a new subsection, to be designated subsection (d), to read as follows: (d) No judgment shall be rendered decreeing the forfeiture of any appearance bond if the defendant has not been brought to trial for a period of three years after the date of posting bond. Section 3. This Act shall become effective November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. SHERIFF'S FEES. Code Sections 24-2823, 15-16-21 Amended. No. 1471 (Senate Bill No. 655). 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 amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. Code Section 24-2823, relating to sheriff's fees, as amended, is amended by striking therefrom the following: Serving copy of process and returning original, per copy $ 15.00, and inserting in lieu thereof the following: Serving copy of process and returning original, per copy $ 20.00. Section 2. Said Code section is further amended by striking therefrom the following:

Page 1660

Executing and returning any warrant 15.00 Serving any warrant 15.00, and inserting in lieu thereof the following: Executing and returning any warrant 20.00 Serving any warrant 20.00. Part 2 Section 3. Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees of sheriffs, is amended by striking in its entirety paragraph (1) of subsection (b) and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Serving copy of process and returning original, per copy $ 20.00. Section 4. Said Code section is further amended by striking in their entirety paragraphs (5) and (6) of subsection (c) and inserting in lieu thereof new paragraphs (5) and (6) to read as follows: (5) Executing and returning any warrant 20.00 (6) Serving any warrant 20.00. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. PROMOTIONAL CONTESTS LOTTERIES. Code Sections 26-2701, 26-2714, 16-12-20, 16-12-36 Amended. No. 1472 (Senate Bill No. 661). AN ACT To amend Code Chapter 26-27, relating to gambling and related criminal offenses, as amended, so as to legalize and regulate operation of certain promotional contests under certain conditions; to provide for unlawful promotional contests; to declare crimes and penalties; to provide for civil remedies and for civil enforcement; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 26-27, relating to gambling and related criminal offenses, as amended, is amended by striking subsection (d) of Code Section 26-2701 and inserting in its place a new subsection to read as follows: (d) `Lottery.' A lottery is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale or policy game, or by some other name. A lottery

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shall not mean a promotional contest which is declared to be lawful by Code Section 26-2714 or a scheme whereby a business gives away prizes to persons selected by lot, if such prizes are made on the following conditions: (1) such prizes are conducted as advertising and promotional undertakings, in good faith, solely for the purpose of advertising the goods, wares and merchandise of such business; and (2) no person to be eligible to receive such prize shall be required to: (i) pay any tangible consideration to the operator of such business in the form of money or other property or thing of value, or (ii) purchase any goods, wares, merchandise or anything of value from such business, or (iii) be present to win such prizes. Section 2. Said Code chapter is further amended by adding a new Code Section 26-2714 to read as follows: 26-2714. (a) A promotional contest which conforms with the qualifications of a lawful promotion specified in this Code section shall not be included within the definition of the term `lottery' for purposes of this Code chapter and shall be lawful. (b) For purposes of this Code section the terms `promotional contest' and `promotion' are synonymous and mean any scheme or procedure for the promotion of sales of any realty or personalty whereby one or more prizes are distributed by chance among persons who are informed by mail of their opportunity to participate and who are required to be present at a real estate development or other place of business to determine if they have won a prize. (c) In order to be lawful a promotion must comply with all requirements of this subsection: (1) Persons who are offered an opportunity to participate may be notified of such opportunity only by mail.

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(2) The promotion must be an advertising and promotional undertaking, in good faith, solely for the purpose of advertising the real estate development or other place of business which participants are required to visit. (3) No person shall be required to pay or furnish any tangible consideration (other than the consideration of visiting the real estate development or place of business) in order to be eligible for any prize. (4) Each mailing must state the actual cash value of each prize which the participant has a chance to win and must state the odds of the participant's winning each prize. (5) Upon each participant's visit to the real estate development or place of business, the participant must be immediately informed whether he has won a prize; and if he has won a prize it must be awarded to him immediately. (6) No participant shall be required to view, hear, or attend any sales presentation; and no sales presentation may be made to any participant until after he has been informed whether he has won a prize and has been awarded his prize if any. (7) A list of all winning tickets, tokens, numbers, lots, or other devices used to determine winners must be prominently posted at the real estate development or place of business and a copy of such list shall be furnished to each participant who so requests. (d) Any person who operates or participates in the operation of a promotion which does not conform to the requirements of this Code section shall be guilty of a misdemeanor of a high and aggravated nature; and such conduct shall constitute the offense of operating a fraudulent promotion. (e) Any person who operates or participates in the operation of a promotion which does not conform to the requirements of this Code section shall be liable to each participant who visits the real estate development or place of business for the expenses of the participant in making the visit and punitive damages not to exceed $1,000.00. This remedy is in addition to any other remedy available.

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(f) The administrator of the `Fair Business Practices Act' may in any court of competent jurisdiction seek an injunction against the operation of any promotion which does not conform to the requirements of this Code section. The administrator shall have the power to investigate all promotions to determine if they are in compliance with the requirements of this Code section. Any violation of this Code section shall also constitute an unlawful act under the `Fair Business Practices Act of 1975.' (g) This Code section shall apply to all promotions involving real estate developments or places of business in this state or participants who are residents of this state to whom mailings are delivered in this state. (h) Except as specifically provided in this Code section, this Code section shall not operate to make lawful any otherwise unlawful conduct. Part 2 Section 3. Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related criminal offenses, is amended by striking paragraph (4) of Code Section 16-12-20 and inserting in its place a new paragraph to read as follows: (4) `Lottery' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. A lottery shall not mean a promotional contest which is declared to be lawful by Code Section 16-12-36 or a scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions: (A) Such prizes are conducted as advertising and promotional undertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; and (B) No person to be eligible to receive such prize shall be required to:

Page 1665

(i) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value; (ii) Purchase any goods, wares, merchandise, or anything of value from such business; or (iii) Be present to win such prizes. Section 4. Said part is further amended by adding a new Code Section 16-12-36 to read as follows: 16-12-36. (a) A promotional contest which conforms with the qualifications of a lawful promotion specified in this Code section shall not be included within the definition of the term `lottery' for purposes of this article and shall be lawful. (b) For purposes of this Code section the terms `promotional contest' and `contest' are synonymous and mean any scheme or procedure for the promotion of sales of any realty or personalty whereby one or more prizes are distributed by chance among persons who are informed by mail of their opportunity to participate and who are required to be present at a real estate development or other place of business to determine if they have won a prize. (c) In order to be lawful a promotion must comply with all requirements of this subsection: (1) Persons who are offered an opportunity to participate may be notified of such opportunity only by mail; (2) The promotion must be an advertising and promotional undertaking, in good faith, solely for the purpose of advertising the real estate development or other place of business which participants are required to visit; (3) No person shall be required to pay or furnish any tangible consideration (other than the consideration of visiting the real estate development or place of business) in order to be eligible for any prize; (4) Each mailing must state the actual cash value of each prize which the participant has a chance to win and must state the odds of the participant's winning each prize;

Page 1666

(5) Upon each participant's visit to the real estate development or place of business, the participant must be immediately informed whether he has won a prize; and if he has won a prize it must be awarded to him immediately; (6) No participant shall be required to view, hear, or attend any sales presentation; and no sales presentation may be made to any participant until after he has been informed whether he has won a prize and has been awarded his prize, if any; (7) A list of all winning tickets, tokens, numbers, lots, or other devices used to determine winners must be prominently posted at the real estate development or place of business and a copy of such list shall be furnished to each participant who so requests. (d) Any person who operates or participates in the operation of a promotion which does not conform to the requirements of this Code section shall be guilty of a misdemeanor of a high and aggravated nature; and such conduct shall constitute the offense of operating a fraudulent promotion. (e) Any person who operates or participates in the operation of a promotion which does not conform to the requirements of this Code section shall be liable to each participant who visits the real estate development or place of business for the expenses of the participant in making the visit and punitive damages not to exceed $1,000.00. This remedy is in addition to any other remedy available. (f) The administrator of the `Fair Business Practices Act' may in any court of competent jurisdiction seek an injunction against the operation of any promotion which does not conform to the requirements of this Code section. The administrator shall have the power to investigate all promotions to determine if they are in compliance with the requirements of this Code section. Any violation of this Code section shall also constitute an unlawful act under the `Fair Business Practices Act of 1975.' (g) This Code section shall apply to all promotions involving real estate developments or places of business in this state or participants who are residents of this state to whom mailings are delivered in this state.

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(h) Except as specifically provided in this Code section, this Code section shall not operate to make lawful any otherwise unlawful conduct. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. GEORGIA HEALTH CODE INSPECTION WARRANTS. Code Sections 88-301A, 88-302A, 31-5-20, 31-5-21 Amended. No. 1473 (Senate Bill No. 684). AN ACT To amend Code Chapter 88-3A, relating to public health law inspection warrants, approved April 18, 1975 (Ga. L. 1975, p. 693), so as to change the definition of inspection warrant; to provide for persons who may obtain inspection warrants; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 88-3A, relating to public health law inspection warrants, approved April 18, 1975 (Ga. L. 1975, p. 693), is amended by striking Code Sections 88-301A and 88-302A, which read as follows: 88-301A. Definitions.Unless a different meaning is required by the context, the following term as used in this Chapter shall have the meaning hereinafter respectively ascribed to it: (a) `Public Health Law' means Chapters 1, 2, 10, 11, 12, 13, 14, 15, 16, 19, 27, 28, and 31 of this Title 88 of the Code of Georgia and any rule or regulation duly promulgated thereunder. (b) `Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of a `public health law.' 88-302A. Persons who may obtain inspection warrants.The Commissioner of Human Resources or his delegate, and the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant, under the conditions specified in this Chapter, authorizing him, or his agents, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under Code Title 88, the Georgia Health Code, as amended., and substituting in lieu thereof the following two new Code sections to read as follows: 88-301A. Definitions. Unless a different meaning is required by the context, as used in this Chapter, the term `inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection or regulation by the Department of Human Resources or a local agency thereof.

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88-302A. Persons who may obtain inspection warrants. The Commissioner of Human Resources or his delegate, and the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant, under the conditions specified in this Chapter, authorizing him, or his agents, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under a provision of law which authorizes licensure, inspection or regulation by the Department of Human Resources or a local agency thereof. Part 2 Section 2. Article 2 of Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to public health law inspection warrants, is amended by striking Code Sections 31-5-20 and 31-5-21 and substituting in lieu thereof new Code sections to read as follows: 31-5-20. As used in this chapter, the term `inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the Department of Human Resources or a local agency thereof. 31-5-21. The commissioner or his delegate or the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the director of any county board of health, or the agents of either, or the Department of Agriculture, as appropriate, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title or any provision of law which authorizes licensure, inspection, or regulation by the Department of Human Resources or a local agency thereof, provided that only the Commissioner of Agriculture shall have the authority to obtain an inspection warrant in connection with matters arising under Chapter 25 of this title.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. MUNICIPAL ELECTION CODE AMENDED. Code Title 21, Chapter 3 Amended. No. 1474 (Senate Bill No. 685). AN ACT To amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Municipal Election Code, so as to change the provisions relating to duties of municipal superintendents to conduct municipal elections; to change the provisions relating to the date of municipal elections; to change the provisions relating to filing notice of candidacy; to change the provisions relating to qualification of registrars and deputy registrars; to provide for the appointment of county registrars or deputy registrars as deputy registrars of the municipality; to provide for the applicability of registration to vote in municipal elections; to provide for duties of registrars of municipalities; to change the provisions relating to the filing of the certified list of qualified voters with the city clerk; to change the

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provisions relating to challenge of listed persons by other electors; to provide for certain duties by the board of registrars in connection with challenged electors; to change the provisions relating to the filing of petitions to contest results of a primary or election; to provide the grounds on which a primary or election may be contested; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Municipal Election Code, is amended by adding at the end of Code Section 21-3-30, immediately following subsection (b), a new subsection, to be designated subsection (c), to read as follows: (c) The following shall be the form of oath for the election superintendent: I, , do swear (or affirm) that I will as superintendent duly attend the ensuing election (or primary) during the continuance thereof, that I will to the best of my ability prevent any fraud, deceit, or abuse in carrying on the same, that I will make a true and perfect return of the said election (or primary), and that I will at all times truly, impartially, and faithfully perform my duties in accordance with Georgia laws to the best of my judgment and ability. Section 2. Said chapter is further amended by striking Code Section 21-3-51 in its entirety and inserting in lieu thereof a new Code Section 21-3-51 to read as follows: 21-3-51. The date of the municipal election shall be specified by the charter of the municipality or, if not so specified, then by municipal ordinance. Public notice of such election shall be published by the governing authority in a newspaper of general circulation in the municipality at least 30 days prior to the election. Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-3-91 and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each candidate or his designee shall file notice of his candidacy in the office of the municipal superintendent of his municipality

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at least 22 but not more than 52 days prior to the election in the case of a general election and at least 15 but not more than 30 days prior to the election in the case of a special election. The opening and closing dates shall, within the limitations as provided in this Code section, be as set forth in the municipal charter or, if not so specified, then by municipal ordinance. If a run-off primary is held, each candidate nominated therein or his designee shall file notice of his candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. Notice of the opening and closing dates for candidates to qualify shall be published by the governing authority in a newspaper of general circulation in the municipality at least ten days and not more than thirty days prior to the first date for qualifying. Section 4. Said chapter is further amended by striking Code Section 21-3-121 in its entirety and inserting in lieu thereof a new Code Section 21-3-121 to read as follows: 21-3-121. (a) Registrars and deputy registrars shall be able to read, write, and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a board of elections, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a primary or election; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for the office of tax commissioner or tax collector in performing the functions of a deputy to the board of registrars as provided in subsection (b) of Code Section 21-2-212. However, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having his name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. (b) Notwithstanding any other provision of this Code section to the contrary, in those municipalities maintaining their own registration lists, the municipal governing authority shall appoint county registrars or deputy registrars as deputy registrars of the municipality, notwithstanding such county registrars or deputy registrars may not be electors of the municipality. (c) In cases where a municipality uses its own registration system, the registrar or deputy registrar shall require the applicant to

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complete two registration cards and the registrar shall forward one of such registration cards to the county registrars. Where a municipality is located in more than one county, the registrar shall forward the registration card to the county of the applicant's residence. The registrars of the county shall check the name and identifying information of each applicant against the registration cards on file in their office so as to ensure that no voter is registered twice. If the registrar finds the applicant meets the qualifications for registration in the county, the registration card shall be placed on file in the registrars' office and the applicant's name shall be added to the electors list. Section 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-3-135 and inserting in lieu thereof a new subsection (a) to read as follows: (a) At least three days prior to the primary or election, the registrar shall file with the city clerk a certified copy of a list containing the names, addresses, and ZIP codes of all the electors found to be qualified. The list shall be alphabetically arranged by election districts or precincts, and it shall be the list of electors for the municipal election to be held in such year. No person whose name does not appear on such list shall vote at such municipal election, except as otherwise provided in this chapter. This list shall be accompanied by the registrar's certification of the number of electors by race in each election district. Such lists shall not be used by any person for commercial purposes. Section 6. Said chapter is further amended by striking Code Section 21-3-138 in its entirety and inserting in lieu thereof a new Code Section 21-3-138 to read as follows: 21-3-138. (a) Any elector of the municipality shall be allowed to challenge the right of registration of any person whose name appears upon the electors list; and, upon a challenge as to the qualifications of the elector being filed, the registrars shall notify the elector and pass upon the challenge. Each challenge shall specify the grounds of the challenge; and, when notice is given the elector by the registrars, a copy of such challenge shall be furnished the challenged elector at least three days before passing upon the same. Any elector of the municipality shall also be allowed to challenge the qualifications of any applicant for registration. A challenge of a person's qualification to register or to vote shall be decided in every case by the board of registrars with the right of appeal therefrom to the superior court.

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(b) Any elector of the municipality shall be allowed to challenge the right to vote of any person whose name appears upon the electors list by making application to the board of registrars of the municipality at any time, including election day itself. Such challenge may be oral or written but shall distinctly set forth the grounds of challenge. The board of registrars shall immediately consider the same and unless they find probable cause to sustain such challenge shall deny it. If the registrars find probable cause to sustain such challenge, the poll officers of the challenged elector's district shall be notified; and, if practical, the challenged elector shall be notified and afforded an opportunity to answer. If the challenged elector presents himself at the polling place to vote, he shall be given an opportunity to appear before the registrar and answer the grounds of challenge; and, after hearing the challenger and the challenged elector, such registrars shall determine whether probable cause to sustain such challenge exists and shall: (1) If no probable cause exists, permit the challenged elector to vote; (2) If in doubt as to the merit of the challenge, permit the challenged elector to vote by having the word `challenged' written across the back of the challenged elector's ballot for later determination; or (3) If it is determined that a challenged elector is not eligible to vote, refuse to allow the challenged elector to vote by having the words `ineligible to vote' written on the electors list next to the challenged elector's name. Section 7. Said chapter is further amended by striking Code Section 21-3-420 in its entirety and inserting in lieu thereof a new Code Section 21-3-420 to read as follows: 21-3-420. A petition to contest the results of a primary or election shall be filed in writing with the city clerk within five days after the results of the election are declared by the governing authority. Upon the filing of the contest petition, a hearing shall be set before the governing authority of the municipality. Reasonable notice of the hearing shall be either personally delivered or forwarded by mail to all parties involved. The notice shall include a statement of the time, place, and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing is to be held; and a

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short and plain statement of the grounds for contest. Opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. The hearing shall be presided over by the mayor or such other individual as the governing authority may appoint. Any member of the governing authority involved in the contest shall disqualify himself from judging the contest. The governing authority shall render its decision in writing within a reasonable time after such hearing and a copy of the decision shall be provided to all parties involved. The decision of the governing authority shall be considered a final determination of the contest unless appealed as provided in Code Section 21-3-421. If all members of the governing authority must disqualify themselves from judging the contest, the contestant may, within ten days of official notice of their disqualification, file an action in superior court as set forth in Code Section 21-3-421 without exhausting any other administrative remedies. Section 8. Said chapter is further amended by adding immediately following Code Section 21-3-421 a new Code section, to be designated Code Section 21-3-422, to read as follows: 21-3-422. The nomination of any person who is declared nominated at a primary, or the election of any person who is declared elected to any municipal office, or the eligibility of any person declared eligible to seek nomination or office in a run-off primary or election, or the approval or disapproval of any question submitted to electors at an election may be contested on one or more of the following grounds: (1) Malconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result of the primary or election; (2) That the candidate elected is ineligible for the nomination or office in dispute; (3) That illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result of the primary or election; (4) An error in counting the votes or declaring the result of the primary or election if such error would change the result; or

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(5) Any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a runoff primary or election. Section 9. This Act shall become effective November 1, 1982. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. MOTOR VEHICLE TITLES REBUILT VEHICLES. Code Section 40-3-35 Amended. No. 1475 (Senate Bill No. 696). AN ACT To amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of titles, security interests, and liens, so as to require the Georgia Bureau of Investigation to inspect certain motor vehicles to ensure that the word Rebuilt is affixed thereto; to require that the word Rebuilt be affixed to certain motor vehicles in certain locations; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of titles, security interests, and liens, is amended by striking paragraph (1) of subsection (b) of Code Section 40-3-35.1 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Upon receipt of such notification from the commissioner, the Georgia Bureau of Investigation shall promptly inspect each such

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motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification that the word `Rebuilt' is permanently affixed as required by subsection (c) of this Code section, and verification that the motor vehicle conforms to all safety equipment standards required by law. The Georgia Bureau of Investigation shall be authorized to charge an inspection fee of $50.00 for each motor vehicle inspected. In the event a third or subsequent inspection is required for any one motor vehicle under this Code section, the Georgia Bureau of Investigation shall be authorized to charge a fee of $50.00 for the third and each subsequent inspection. The Georgia Bureau of Investigation shall promptly notify the commissioner of the results of each inspection. Section 2. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 40-3-35.1 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) (A) Upon inspection by the Georgia Bureau of Investigation, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word `Rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. (B) If it is determined that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring such motor vehicle shall, prior to the inspection by the Georgia Bureau of Investigation, cause the word `Rebuilt' to be permanently affixed to said motor vehicle. The word `Rebuilt' shall be affixed in a clear and conspicious manner to the door post or such other location as the commissioner may prescribe. The word `Rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph (B) shall only apply to motor vehicles restored after November 1, 1982.

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Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. GEORGIA INSURANCE CODE AMENDED. Code Title 56 Amended. Code Title 33 Amended. No. 1476 (Senate Bill No. 711). AN ACT To amend Code Title 56, known as the Georgia Insurance Code, as amended, so as to provide that the Commissioner may impose an administrative fine upon an insurer for certain acts of officers, employees, agents, or representatives; to change the time within which the insurer must furnish claim forms to the insured; to provide that individual, group, and blanket accident and sickness insurance policies shall contain a provision that benefits shall be payable immediately upon receipt of proof of loss by the insurer; to provide that any insurer which fails to pay a claim within 15 working days after receipt of due written proof of loss shall mail the insured a letter giving the reason or reasons the insurer may have for failing to make such payment; to provide for the processing and payment of claims by an insurer within 15 working days after receipt of the needed documents or information; to provide that each insurer shall pay the insured interest on claims which are not paid in a timely manner; to provide for applicability; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to provide for automatic repeal of certain portions of this Act; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 56, known as the Georgia Insurance Code, as amended, is amended by striking Code Section 56-317.1 in its entirety and inserting in lieu thereof a new Code Section 56-317.1 to read as follows: 56-317.1. Administrative fine for certain acts of officers, employees, agents or representatives. The commissioner may, after a hearing, impose upon an insurer an administrative fine if he finds that such insurer through the acts of its officers, employees, agents or representatives has: (1) With such frequency as to indicate its general business practice in this State: (a) Failed to use due diligence in processing all claims, failed to pay claims in a timely manner, failed to provide proper notice when required with respect to the reasons for the insurer's failure to make claims payments when due, or refused without just cause to pay proper claims arising under coverage provided by its policies, whether such claim is in favor of an insured or in favor of a third person with respect to the liability of an insured to such third person or in favor of any other person entitled to the proceeds of a policy, or (b) Compelled, without just cause, insureds, claimants or other persons entitled to the proceeds of its policies in this State to accept less than the amount due them or to bring suit against the insurer or an insured to secure full payment or settlement thereof. (c) Accepted money, trade stamps, gifts or other remuneration of any kind in return for referring automobile and other property repair business including glass breakage to a particular automobile repairer, glass company, construction company or other repair company of any kind. The administrative fine imposed for violations set forth in paragraphs (a), (b) or (c) shall not exceed $1,000 for each act of misconduct constituting a violation provided, however, a fine of not more than $5,000 for each act of wilful misconduct constituting a violation

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may be imposed. For the purposes of this Code section, the term `insurer' shall include any insurer, nonprofit organization, or any other person authorized to sell accident and sickness insurance policies, subscriber contracts, certificates, or agreements of any form under Code Chapter 56-17, 56-17A, 56-18, 56-19, 56-30, 56-31, or 56-36. Section 2. Said Code title is further amended by striking subsections (6) and (8) of Code Section 56-3004 in their entirety and inserting in lieu thereof new subsections (6) and (8) to read as follows: (6) Claim forms. The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within ten working days after the giving of such notice the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made. (8) Time of payment of claims. (a) All benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of due written proof of such loss. Should the insurer fail to pay the benefits payable under its policy, other than benefits payable for loss of time, upon receipt of due written proof of loss, the insurer shall have 15 working days thereafter within which to mail the insured or subscriber a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the insured or subscriber a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. When all of the listed documents or other information needed to process the claim have been received, the insurer shall then have 15 working days within which to process and either pay the claim or deny it, in whole or in part, giving the insured the reasons the insurer may have for denying such claim or any portion thereof. (b) Subject to proof of loss, all accrued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining

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unpaid at the termination of such period will be paid immediately upon receipt of such proof. (c) Each insurer admitted to transact accident and sickness insurance in this state shall pay interest to the insured equal to 18 percent per annum on the proceeds or benefits due under the terms of the policy for failure to comply with the requirements of paragraphs (a) or (b)., and by adding at the end of said Code Section 56-3004 the following paragraph: The provisions of this Code section shall also apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity. Section 3. Said Code title is further amended by striking subsections (3) and (5) of Code Section 56-3105 in their entirety and inserting in lieu thereof new subsections (3) and (5) to read as follows: (3) A provision that the insurer will furnish to the policyholder such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished before the expiration of ten working days after the giving of such notice, the claimant shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, character and extent of the loss for which claim is made. (5) (a) A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of due written proof of such loss. Should the insurer fail to pay the benefits payable under its policy, except for benefits payable for loss of time, upon receipt of due written proof of loss, the insurer shall have 15 working days thereafter within which to mail the insured or subscriber a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the insured or subscriber, a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. When all of the listed documents or other information needed to process the claim have

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been received, the insurer shall then have 15 working days within which to process and either pay the claim or deny it, in whole or in part, giving the insured the reasons the insurer may have for denying such claim or any portion thereof. (b) Subject to proof of loss, all accrued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof. (c) Each insurer admitted to transact accident and sickness insurance in this state shall pay interest to the insured equal to 18 percent per annum on the proceeds or benefits due under the terms of the policy for failure to comply with the requirements of paragraphs (a) or (b)., and by adding at the end of said Code Section 56-3105 the following paragraph: The provisions of this Code section shall also apply to group and blanket accident and sickness insurance policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity. Part 2 Section 4. Title 33 of the Official Code of Georgia Annotated, known as the Georgia Insurance Code, is amended by striking subsection (a) of Code Section 33-3-20 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Commissioner may, after a hearing, impose upon an insurer an administrative fine if he finds that such insurer through the acts of its officers, employees, agents, or representatives has with such frequency as to indicate its general business practice in this state: (1) Failed to use due diligence in processing all claims, failed to pay claims in a timely manner, failed to provide proper notice when required with respect to the reasons for the insurer's

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failure to make claims payments when due, or refused without just cause to pay proper claims arising under coverage provided by its policies, whether the claim is in favor of an insured or in favor of a third person with respect to the liability of an insured to a third person or in favor of any other person entitled to the proceeds of a policy; (2) Compelled, without just cause, insureds, claimants, or other persons entitled to the proceeds of its policies in this state to accept less than the amount due them or to bring an action against the insurer or an insured to secure full payment or settlement thereof; or (3) Accepted money, trade stamps, gifts, or other remuneration of any kind in return for referring automobile and other property repair business including glass breakage to a particular automobile repairer, glass company, construction company, or other repair company of any kind., and by adding at the end of said Code Section 33-3-20 a new subsection (c) to read as follows: (c) For the purposes of this Code section, the term `insurer' shall include any insurer, nonprofit organization, or any other person authorized to sell accident and sickness insurance policies, subscriber contracts, certificates, or agreements of any form under Chapter 15, 18, 19, 20, 21, 29, or 30 of Title 33. Section 5. Said title is further amended by striking paragraphs (6) and (8) of subsection (b) of Code Section 33-29-3 in their entirety and inserting in lieu thereof new paragraphs (6) and (8) to read as follows: (6) The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If the forms are not furnished within ten working days after the giving of the notice, the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character, and the extent of the loss for which claim is made.

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(8) (A) All benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of due written proof of such loss. Should the insurer fail to pay the benefits payable under its policy, other than benefits payable for loss of time, upon receipt of due written proof of loss, the insurer shall have 15 working days thereafter within which to mail the insured or subscriber a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the insured or subscriber a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. When all of the listed documents or other information needed to process the claim have been received, the insurer shall then have 15 working days within which to process and either pay the claim or deny it, in whole or in part, giving the insured the reasons the insurer may have for denying such claim or any portion thereof. (B) Subject to proof of loss, all accrued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof. (C) Each insurer admitted to transact accident and sickness insurance in this state shall pay interest to the insured equal to 18 percent per annum on the proceeds or benefits due under the terms of the policy for failure to comply with the requirements of subparagraphs (A) or (B)., and by adding at the end of said Code Section 33-29-3 a new subsection (d) to read as follows: (d) The provisions of this Code section shall also apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity. Section 6. Said title is further amended by striking paragraphs (3) and (5) of subsection (b) of Code Section 33-30-6 in their entirety and inserting in lieu thereof new paragraphs (3) and (5) to read as follows:

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(3) A provision that the insurer will furnish to the policyholder such forms as are usually furnished by it for filing proof of loss. If the forms are not furnished before the expiration of ten working days after the giving of notice, the claimant shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting, within the time fixed in the policy for filing proof of loss, written proof covering the occurrence, character, and extent of the loss for which claim is made; (5) (A) A provision that all benefits payable under the policy other than benefits for loss of time will be payable immediately upon receipt of due written proof of such loss. Should the insurer fail to pay the benefits payable under the policy, other than benefits for loss of time, upon receipt of due written proof of loss, the insurer shall have 15 working days thereafter within which to mail the insured or subscriber a letter or notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the insured or subscriber a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. When all of the listed documents or other information needed to process the claim have been received, the insurer shall then have 15 working days within which to process and either pay the claim or deny it, in whole or in part, giving the insured the reasons the insurer may have for denying such claim or any portion thereof. (B) Subject to proof of loss, all accrued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof. (C) Each insurer admitted to transact accident and sickness insurance in this state shall pay interest to the insured equal to 18 percent per annum on the proceeds or benefits due under the terms of the policy for failure to comply with the requirements of subparagraphs (A) or (B);, and by adding at the end of said Code Section 33-30-6 a new subsection (c) to read as follows:

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(c) The provisions of this Code section shall also apply to group and blanket accident and sickness insurance policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. LICENSING OF AUCTIONEERS. Code Sections 84-311A, 43-6-11 Amended. No. 1477 (Senate Bill No. 730). AN ACT To amend Code Section 84-311A, relating to the qualifications for auctioneers and apprentice auctioneers, so as to authorize the issuance of an auctioneer's license to certain persons without the necessity for taking an examination; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 84-311A, relating to the qualifications for auctioneers and apprentice auctioneers, is amended by striking subsection (e) of said Code section in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) (1) 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. (2) Any person who is a resident of Georgia shall not be required to take an examination and shall be entitled to receive an auctioneer's license from the Commission upon submission of a proper application for an auctioneer's license and upon payment of the license fee prior to May 31, 1982, and upon furnishing satisfactory proof to the Commission by May 31, 1982, that he: (A) Is not less than 45 years of age nor more than 60 years of age; and (B) Has been the principal auctioneer in not less than 500 auctions prior to 1971. Part 2 Section 2. Code Section 43-6-11 of the Official Code of Georgia Annotated, relating to qualifications for auctioneers and apprentice auctioneers, is amended by striking subsection (e) of said Code section in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) (1) Any person who is a resident of Georgia and who on January 1, 1975, is lawfully engaged in business as an auctioneer

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and has been so engaged for a period of at least one year prior to January 1, 1975, 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 this chapter on proper application therefor submitted by July 1, 1979, and payment of the license fee required by this chapter. (2) Any person who is a resident of Georgia shall not be required to take an examination and shall be entitled to receive an auctioneer's license from the commission upon submission of a proper application for an auctioneer's license and upon payment of the license fee prior to May 31, 1982, and upon furnishing satisfactory proof to the commission by May 31, 1982, that he: (A) Is not less than 45 years of age nor more than 60 years of age; and (B) Has been the principal auctioneer in not less than 500 auctions prior to 1971. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982.

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FAIR BUSINESS PRACTICES ACT OF 1975 AMENDED. Code Title 10, Chapter 1 Amended. No. 1478 (Senate Bill No. 747). AN ACT To amend an Act known as the Fair Business Practices Act of 1975, approved April 10, 1975 (Ga. L. 1975, p. 376), as amended, so as to provide for the regulation of career consulting firms; to define a certain term; to require certain contracts and clauses; to provide for editorial revision; to provide for matters relative to the foregoing; to amend Part 1 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Fair Business Practices Act of 1975, so as to provide for the regulation of career consulting firms; to define a certain term; to require certain contracts and clauses; to provide for 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: Part 1 Section 1. An Act known as the Fair Business Practices Act of 1975, approved April 10, 1975 (Ga. L. 1975, p. 376), as amended, is amended by adding at the end of Section 2 a new subsection (j) to read as follows: (j) `Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A `career consulting firm' does not guarantee actual job placement as one of its services. A `career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under the `Private Employment Agencies Act,' approved March 21, 1974 (Ga. L. 1974, p. 567), as now or hereafter amended.

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Section 2. Said Act is further amended by adding at the end of subsection (b) of Section 3 a new paragraph (13) to read as follows: (13) Failure to comply with the following provisions concerning career consulting firms: (A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the career consulting firm. (B) The contract or an attachment thereto shall contain a statement in bold-faced type which complies substantially with the following: `The provisions of this agreement have been fully explained to me and I understand that the services to be provided under this agreement by the seller do not include actual job placement.' The statement shall be signed by both the consumer and the authorized representative of the seller. (C) Any advertising offering the services of a career consulting firm shall contain a statement which contains the following language: `A career consulting firm does not guarantee actual job placement as one of its services.' Section 2A. Said Act is further amended by striking from the second sentence of subsection (e) of Section 2 the following: section 3(b)(1) through 3(b)(11) hereof, and inserting in lieu thereof the following: subsection (b) of Section 3 of this Act, so that when so amended subsection (e) of Section 2 shall read as follows: (e) An `intentional violation' occurs when the person committing the act or practice knew that his conduct was in violation of this

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Act. Maintenance of an act or practice specifically designated as unlawful in subsection (b) of Section 3 of this Act, after the Administrator gives notice that such act or practice is in violation of the Act, shall be prima facie evidence of intentional violation. For the purposes of this paragraph, the Administrator gives notice that an act or practice is in violation of this Act by the adoption of specific rules promulgated pursuant to section 4(a) hereof, and by notice in writing to the alleged violator of a violation, if such written notice may be reasonably given without substantially or materially altering the purposes of this Act; provided, however, that no presumption of intention shall arise in the case of an alleged violator who maintains a place of business within the jurisdiction of this State with sufficient assets to respond to a judgment under this Act, unless such alleged violator has received written notice. The burden of showing no reasonable opportunity to give written notice shall be upon the Administrator. Part 2 Section 3. Part 2 of Article 15 of Chapter 1 of Title 10, known as the Fair Business Practices Act of 1975, is amended by adding following paragraph (1) of subsection (a) of Code Section 10-1-392 a new paragraph (1.1) to read as follows: (1.1) `Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A `career consulting firm' does not guarantee actual job placement as one of its services. A `career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34 of the Official Code of Georgia Annotated. Section 4. Said Part 2 is further amended by changing the period at the end of subparagraph (G) of paragraph (12) of subsection (b) of Code Section 10-1-393 to a semicolon and adding at the end of subsection (b) of Code Section 10-1-393 a new paragraph (13) to read as follows: (13) Failure to comply with the following provisions concerning career consulting firms:

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(A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the career consulting firm. (B) The contract or an attachment thereto shall contain a statement in bold-faced type which complies substantially with the following: `The provisions of this agreement have been fully explained to me and I understand that the services to be provided under this agreement by the seller do not include actual job placement.' The statement shall be signed by both the consumer and the authorized representative of the seller. (C) Any advertising offering the services of a career consulting firm shall contain a statement which contains the following language: `A career consulting firm does not guarantee actual job placement as one of its services.' Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982.

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COUNTY BOARDS OF EDUCATION PROVISIONS FOR THE ELDERLY. Code Sections 32-942.1, 20-2-1074 Amended. No. 1479 (Senate Bill No. 758). AN ACT To amend Code Chapter 32-9, relating to county boards of education, so as to continue the authority of local school systems to provide for the elderly; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 32-9, relating to county boards of education, is amended by replacing Code Section 32-942.1 with a new Code section to read as follows: 32-942.1. Transportation of the elderly.Notwithstanding any other provisions of law to the contrary including Section 32-942, relating to school funds, county and independent school systems may use school buses to provide transportation for the elderly and the handicapped if the cost of such transportation is reimbursed in full from federal, State, local or other funds, other than school funds. Part 2 Section 2. Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, is amended by replacing Code Section 20-2-1074 with a new Code section to read as follows: 20-2-1074. Notwithstanding any other provisions of law to the contrary, including Code Section 20-2-411, relating to school funds, county and independent school systems may use school buses to provide transportation for the elderly and the handicapped if the cost of such transportation is reimbursed in full from federal, state, local, or other funds other than school funds.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1982. CRIMES HOMICIDE BY VEHICLE, ETC. Code Sections 68A-903, 68A-1507, 40-6-393, 40-6-376 Amended. No. 1482 (House Bill No. 580). AN ACT To amend Code Section 68A-903, relating to homicide by vehicle, as amended, so as to change the definition of and punishment for homicide by vehicle; to amend Code Section 68A-1507, relating to prosecution of a traffic violation as a state or local offense, so as to provide for jurisdiction over certain offenses; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Part 1 Section 1. Code Section 68A-903, relating to homicide by vehicle, as amended, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 68A-903 to read as follows: 68A-903. Homicide by vehicle. (a) Whoever shall, without malice aforethought, cause the death of another person through the violation of section 68A-901, section 68A-902, section 68A-904(a), or section 42 of an Act known as the `Uniform Act Regulating Traffic on Highways,' approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), shall be guilty of homicide by vehicle in the first degree. A person convicted under this subsection shall be punished by imprisonment for not less than one year nor more than ten years. (b) Whoever shall cause the death of another person, without an intention to do so, by violating any section of this Title other than section 68A-901, section 68A-902, section 68A-904(a), or section 42 of an Act known as the `Uniform Act Regulating Traffic on Highways,' approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), shall be guilty of homicide by vehicle in the second degree when such violation is the cause of said death. A person convicted under this subsection shall be punished as for a misdemeanor. (c) Whoever shall, after being declared a habitual violator as determined under section 68B-308 and while such person's license is in revocation, cause the death of another person, without malice aforethought, by operation of a motor vehicle, shall be guilty of homicide by vehicle in the first degree. A person convicted under this subsection shall be punished by imprisonment for not less than three years nor more than ten years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary. Section 2. Code Section 68A-1507, relating to prosecution of a violation as a state or local offense, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 68A-1507 to read as follows:

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68A-1507. Option to treat as State or local offense; right of defendant to have case treated as State offense. (a) Any offense, except a violation of Code Section 68A-903, which is a violation of this Title and of a local ordinance may, at the discretion of the local law enforcement officer or prosecutor, be charged as a violation of the State statute or local ordinance. A violation of Code Section 68A-903 shall be charged as a violation of State law. (b) If the offense charged under an ordinance constitutes a violation of any provision of this Title and the defendant elects to have the charge treated as a State offense, the recorder or city judge after conducting a commitment hearing in which probable cause for arrest is found or upon obtaining a waiver of commitment hearing, shall summarily fix his bond and bind his case over to the appropriate State tribunal. (c) No person tried in any court for a violation of this Title or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an ordinance adopted pursuant to this Title shall be considered a prior conviction for all purposes under this Title, and under the Act to create the Department of Public Safety for Georgia, approved March 13, 1937, and the several Acts amendatory thereof. (d) No court, other than a court having jurisdiction to try a person charged with a violation of Code Section 68A-903, shall have jurisdiction over any offense arising under the laws of this State or the ordinances of any political subdivision thereof, which offense arose out of the same conduct which led to said person being charged with a violation of Code Section 68A-903 and any judgment rendered by such court shall be null and void. Part 2 Section 3. Code Section 40-6-393 of the Official Code of Georgia Annotated, relating to homicide by vehicle, is amended by deleting said Code section in its entirety and inserting in lieu thereof a new Code Section 40-6-393 to read as follows: 40-6-393. (a) Any person who, without malice aforethought, causes the death of another person through the violation of Code Section 40-6-271, 40-6-390, 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first

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degree and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years. (b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than Code Section 40-6-271, 40-6-390, 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3. (c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than ten years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary. Section 4. Code Section 40-6-376 of the Official Code of Georgia Annotated, relating to prosecution of a violation as a state or local offense, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-6-376 to read as follows: 40-6-376. (a) Any offense, except a violation of Code Section 40-6-393, which is a violation of a provision of this chapter and of a local ordinance may, at the discretion of the local law enforcement officer or prosecutor, be charged as a violation of the state statute or of the local ordinance. A violation of Code Section 40-6-393 shall be charged as a state violation. (b) If the offense charged under an ordinance constitutes a violation of any provision of this chapter, the defendant may elect to have the charge treated as a state offense. If the defendant so elects, the recorder or city judge, after conducting a commitment hearing in which probable cause for arrest is found, or upon obtaining a waiver of commitment hearing, shall summarily fix the defendant's bond and bind his case over to the appropriate state tribunal.

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(c) No person tried in any court for a violation of this chapter or any ordinance adopted pursuant thereto shall thereafter be tried in any court for the same offense. A conviction for the violation of an ordinance adopted pursuant to this chapter shall be considered a prior conviction for all purposes under this chapter and under Chapter 13 of this title. (d) No court, other than a court having jurisdiction to try a person charged with a violation of Code Section 40-6-393, shall have jurisdiction over any offense arising under the laws of this state or the ordinances of any political subdivision thereof, which offense arose out of the same conduct which led to said person being charged with a violation of Code Section 40-6-393 and any judgment rendered by such court shall be null and void. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982.

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GEORGIA STUDENT FINANCE AUTHORITY. Code Chapters 32-37, 32-49 Amended. Code Title 20, Chapter 3 Amended. No. 1483 (House Bill No. 589). AN ACT To amend Code Chapter 32-37, relating to the Georgia Student Finance Authority, so as to provide for payment of tuition equalization grants to certain citizens of this state attending certain out-of-state institutions of higher education; to state findings and purposes; to define terms; to provide for all related matters; to amend Code Chapter 32-49, relating to the Private Colleges and Universities Facilities Authority, so as to authorize the members of the Authority to be compensated for their services; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 32-37, relating to the Georgia Student Finance Authority, is amended by replacing Code Section 32-3758 with a new Code section to read as follows: 32-3758. Legislative findings and purpose. (a) The General Assembly finds that the facilities of accredited independent colleges and universities located within the state can be used more effectively in the public interest by the grant of financial assistance to citizens who choose to attend such colleges and universities, and that the provision of such assistance will reduce the costs to the taxpayers of the state below the cost of providing similar instruction to such citizens within the university system. The purpose of the General Assembly, as provided for in this article, is to enable the authority to provide tuition equalization grant assistance to citizens who choose to attend such accredited private colleges and universities located within the state. (b) The General Assembly further finds that, because of their location within the state, the four-year and graduate level institutions

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of the University System of Georgia are not equally available to citizens in certain areas of the state. The General Assembly further finds that extension of the program of tuition equalization grants established by this article to include certain students attending certain out-of-state institutions will be in the public interest as an effective and efficient means of making four-year and graduate level institutions of higher education more equally available to all citizens of the state. Section 2. Said Code chapter is further amended by replacing paragraphs (1) and (2) of Code Section 32-3759 with new paragraphs to read as follows: (1) `Approved school' means: (A) A nonproprietary institution of higher education located in this state which is not a branch of the University System of Georgia; which is accredited by the Southern Association of Colleges and Schools; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); and which is not presently receiving state funds under Code Sections 32-156 through 32-164, the Junior College Act of 1958, as amended; provided, however, that an institution which otherwise meets the requirements of this definition and of this Act except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an `approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools; and (B) A nonproprietary institution of higher education located outside the State of Georgia which is a four-year or graduate level institution of higher education that is, or is a part of a college or university system that is, owned and operated by a state other than Georgia; which is accredited by the Southern Association of Colleges and Schools; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); and which is located within 50 road miles, by the nearest practical route of travel, of the home residence of one or more eligible students. The term `home residence,' for purposes of this article, shall, in the case of a dependent student, mean the principal residence of the parent or legal guardian of a student. (2) `Eligible student' means a person who:

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(A) Is enrolled in or accepted for enrollment as a full-time undergraduate level student in an approved school, or as a graduate level student if funds are specifically appropriated in appropriation Acts of the General Assembly for payment of grants to graduate level students; (B) Is or will be a citizen of Georgia for a period of at least 12 months immediately prior to each date of registration in the approved school; (C) Is not knowingly promoting or engaging in any activity which is determined by the approved school's governing body to be detrimental to the school; and (D) In the case of an approved school located outside the State of Georgia, is enrolled or accepted for enrollment therein at an academic level beyond the sophomore academic classification, and whose home residence is, by the nearest practical route of travel, located within 50 road miles of the approved school and more than 50 road miles from the nearest four-year institution of the University System of Georgia. Section 3. Code Chapter 32-49, relating to the Private Colleges and Universities Facilities Authority, is amended by replacing Code Section 32-4902 with a new Code section to read as follows: 32-4902. Private Colleges and Universities Facilities Authority. There is hereby created a public body corporate and politic to be known as the Private Colleges and Universities Facilities Authority and by that name, style and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. Said Authority, however, shall not be a State institution nor a department or agency of the State, but shall be an instrumentality of purely public charity performing an essential governmental function, being a distinct corporate entity. The provisions of Article VII, Section III of the Constitution of the State of Georgia of 1976 (Chapter 2-48) and the provisions of the Georgia State Financing and Investment Commission Act (Chapter 87-1A) shall not apply to the Authority herein created. The Authority shall consist of five members appointed by the Governor. Two of the members appointed in 1978 shall be appointed for a term expiring January 1, 1980; two shall be appointed for a term expiring January 1, 1982; and one shall be appointed for a

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term expiring January 1, 1984. Thereafter, each member shall be appointed for a six-year term. The Governor shall fill the unexpired term of any member so appointed who shall cease to serve. All members appointed shall serve until their successors are appointed and qualified and any member may be reappointed. Immediately after each such appointment, such member of the Authority shall enter upon his duties. The Authority shall elect one of its members as chairman and another as vice chairman and shall appoint a secretary who need not be a member of the Authority. The members of the Authority may be compensated in an amount not to exceed $44 per day, plus actual expenses incurred, from the funds available to pay the administrative costs and expenses incurred by the Authority, for each day's service spent in the performance of the duties of the Authority. The Authority may make rules and regulations for its own government, including, but not limited to, the payment of compensation to its members. The Authority shall have perpetual existence. At all meetings of the Authority the presence in person of a majority of the members in office shall be necessary for the transaction of business and the affirmative vote of a majority of the members then in office shall be necessary for any action of the Authority. Part 2 Section 4. Subpart 5 of Part 3 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to tuition equalization grants, is amended by replacing Code Section 20-3-410 with a new Code section to read as follows: 20-3-410. (a) The General Assembly finds that the facilities of accredited independent colleges and universities located within the state can be used more effectively in the public interest by the grant of financial assistance to citizens who choose to attend such colleges and universities and that the provision of such assistance will reduce the costs to the taxpayers of the state below the cost of providing similar instruction to such citizens within the university system. The purpose of the General Assembly, as provided for in this subpart, is to enable the authority to provide tuition equalization grant assistance to citizens who choose to attend such accredited private colleges and universities located within the state. (b) The General Assembly further finds that, because of their location within the state, the four-year and graduate level institutions of the University System of Georgia are not equally available to

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citizens in certain areas of the state. The General Assembly further finds that extension of the program of tuition equalization grants established by this subpart to include certain students attending certain out-of-state institutions will be in the public interest as an effective and efficient means of making four-year and graduate level institutions of higher education more equally available to all citizens of the state. Section 5. Said subpart is further amended by replacing paragraphs (2) and (3) of Code Section 20-3-411 with new paragraphs to read as follows: (2) `Approved school' means: (A) A nonproprietary institution of higher education located in this state which is not a branch of the university system; which is accredited by the Southern Association of Colleges and Schools; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); and which is not presently receiving state funds under Article 4 of this chapter; provided, however, that an institution which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an `approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools; and (B) A nonproprietary institution of higher education located outside the State of Georgia which is a four-year or graduate level institution of higher education that is, or is a part of a college or university system that is, owned and operated by a state other than Georgia; which is accredited by the Southern Association of Colleges and Schools; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); and which is located within 50 road miles, by the nearest practical route of travel, of the home residence of one or more eligible students. The term `home residence,' for purposes of this subpart, shall, in the case of a dependent student, mean the principal residence of the parent or legal guardian of a student. (3) `Eligible student' means a person who:

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(A) Is enrolled in or accepted for enrollment as a full-time undergraduate level student in an approved school or as a graduate level student if funds are specifically appropriated in appropriations Acts of the General Assembly for payment of grants to graduate level students; (B) Is or will be a citizen of Georgia for a period of at least 12 months immediately prior to each date of registration in the approved school; (C) Is not knowingly promoting or engaging in any activity which is determined by the approved school's governing body to be detrimental to the school; and (D) In the case of an approved school located outside the State of Georgia, is enrolled or accepted for enrollment therein at an academic level beyond the sophomore academic classification and whose home residence is, by the nearest practical route of travel, located within 50 road miles of the approved school and more than 50 road miles from the nearest four-year institution of the University System of Georgia. Section 6. Article 6 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Private Colleges and Universities Facilities Authority, is amended by replacing Code Section 20-3-202 with a new Code section to read as follows: 20-3-202. There is created a public body corporate and politic to be known as the Private Colleges and Universities Facilities Authority, and by that name, style, and title, such body may contract and be contracted with, bring and defend actions and implead and be impleaded, and complain and defend in all courts of law and equity. Such authority, however, shall not be a state institution nor a department or agency of the state but shall be an instrumentality of purely public charity performing an essential governmental function, being a distinct corporate entity. Article VII, Section III of the Constitution of Georgia and Article 2 of Chapter 17 of Title 50, the `Georgia State Financing and Investment Commission Act' shall not apply to the authority created in this Code section. The authority shall consist of five members appointed by the Governor. Two of the members appointed in 1978 shall be appointed for a term expiring January 1, 1980; two shall be appointed for a term expiring January 1, 1982; and one shall be appointed for a term expiring January 1, 1984.

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Thereafter, each member shall be appointed for a six-year term. The Governor shall fill the unexpired term of any member so appointed who shall cease to serve. All members appointed shall serve until their successors are appointed and qualified and any member may be reappointed. Immediately after each such appointment, such member of the authority shall enter upon his duties. The authority shall elect one of its members as chairman and another as vice-chairman and shall appoint a secretary, who need not be a member of the authority. The members of the authority may be compensated in an amount not to exceed $44.00 per day, plus actual expenses incurred, from the funds available to pay the administrative costs and expenses incurred by the authority, for each day's service spent in the performance of the duties of the authority. The authority may make rules and regulations for its own government, including, but not limited to, the payment of compensation to its members. The authority shall have perpetual existence. At all meetings of the authority the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the authority. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective on June 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982.

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DEVELOPMENT AUTHORITIES LAW AMENDED. Code Title 36, Chapter 62 Amended. No. 1484 (House Bill No. 1249). AN ACT To amend an Act known as the Development Authorities Law, approved March 28, 1969 (Ga. L. 1969, p. 137), as amended, so as to redefine the term cost of project; to specify conditions under which an authority may deal with one of its directors or an organization or person with which a director is in any way interested or involved; to provide that no director who is present at any meeting or who participates in any decision of the authority shall be prohibited from providing legal services in connection with any of the undertakings of the authority or from being paid for such services; to provide that the acquisition and development of land as a site for an industrial park by an authority shall not be deemed to be the operation of a project; to provide that an authority shall not be required to enter into a lease of a project involving the development of land as the site for an industrial park or a contract for its sale as a condition to the issuance of bonds or other obligations to provide financing; to provide that the notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing need not state the rate of interest the bonds will bear; to provide that bonds or bond anticipation notes may be issued by an authority to finance the acquisition or development of land as the site for an industrial park without a finding that the project will increase or maintain employment under certain conditions; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Development Authorities Law, approved March 28, 1969 (Ga. L. 1969, p. 137), as amended, is amended by striking subsection (f) of Section 1 in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:

Page 1707

(f) The term `cost of project' shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required for such project; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering, architectural and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the completed project or to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provisions of this Act. Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The Directors shall be taxpayers residing in the county or municipal corporation for which the Authority is created, and their successors shall be appointed as provided by the above mentioned resolution. No director shall be an officer or employee of the county or municipal corporation. The directors shall elect one of their members as chairman and another as vice chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of

Page 1708

whom may but need not be a director. The directors shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties; provided, however, the directors of the development Authority activated by counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall be paid a per diem allowance to be determined by the governing authority of such counties for each day, or part thereof, spent in the performance of their duties. The Authority may make by-laws and regulations for its government and may delegate to one or more of its officers, agents and employees such powers and duties as may be deemed necessary and proper. Such Authority shall have perpetual existence as hereinafter provided. (b) (1) The provisions of Code Sections 89-916 and 89-953, as now or hereafter amended, shall apply to all directors of the Authority. The provisions of Code Sections 89-916 and 89-953(i), as now or hereafter amended, shall be deemed to have been complied with and the Authority may purchase from, sell to, borrow from, loan to, contract with or otherwise deal with any director or any organization or person with which any director of the Authority is in any way interested or involved, provided (1) that any interest or involvement by such director is disclosed in advance to the directors of the Authority and is recorded in the minutes of the Authority; (2) no director having a substantial interest or involvement may be present at that portion of an Authority meeting during which discussion of any matter is conducted involving any such organization or person; and (3) no director having a substantial interest or involvement may participate in any decision of the Authority relating to any matter involving such organization or person. As used herein, a `substantial interest' shall mean any interest which reasonably may be expected to result in a direct financial benefit to such director as determined by the Authority, which determination shall be final and not subject to review. (2) Nothing contained herein or in Code Sections 89-916 and 89-953 shall be deemed to prohibit any director who is present at any meeting or who participates in any decision of the Authority from providing legal services in connection with any of the undertakings of the Authority or from being paid for such services.

Page 1709

Section 3. 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. No project acquired hereunder shall be operated by an Authority, any municipal corporation, county or other governmental subdivision but shall be leased or sold to one or more persons, firms or private corporations 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; provided, however, that the acquisition and development of land by an Authority as the site for an industrial park as provided in this Act shall not be deemed to be the operation of a project and, notwithstanding anything herein to the contrary, an Authority shall not be required to enter into a lease of such a project or a contract for its sale as a condition to the issuance of bonds or other obligations of the Authority to provide financing therefor. If sold, the purchase price may be paid at one time or in installments falling due over not more than forty 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 of its bonds and other obligations as such principal and interest become due. Section 4. Said Act is further amended by striking paragraph (3) of subsection (f) of Section 6 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) The notice to the district attorney or the Attorney General and the notice to the public of the time, place and date of the validation hearing need not state the rate of interest the bonds will bear;. Section 5. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. The purposes of this Act are to develop and promote for the public good and general welfare trade, commerce, industry and employment opportunities and to promote the general welfare of the State. No bonds or bond anticipation notes except refunding

Page 1710

bonds shall be issued by an Authority hereunder unless its board of directors shall adopt a resolution finding that the project for which such bonds or notes are to be issued will promote the foregoing objectives and will increase or maintain employment in the territorial area of such Authority. Notwithstanding the foregoing requirement: (1) Bonds or bond anticipation notes may be issued to finance projects for air and water pollution control facilities and for sewage and solid waste disposal facilities as provided in this Act without a finding that the project will increase or maintain employment so long as the appropriate certification described in this Act shall have been secured from the federal, State or local agency having jurisdiction in the premises; and (2) Bonds or bond anticipation notes may also be issued by an Authority to finance the acquisition or development of land as the site for an industrial park as provided in this Act without a finding that the project will increase or maintain employment if its Board of Directors shall adopt a resolution finding that the tract of land to be included in the project is not intended for use by a single enterprise, will be suitable primarily for use as building sites for a group of enterprises engaged in industrial, distribution or wholesale businesses, and that either: (A) The control and administration of the tract is to be vested in the Authority or in another county or joint county and municipal development authority (or in a corporation organized under the Georgia Nonprofit Corporation Code) having as one of its purposes the development of trade, commerce, industry and employment opportunities; or (B) The uses of such tract of land are to be regulated by protective restrictions to be approved by the Authority and determined by the Authority to be appropriate to encourage and facilitate use thereof by business enterprises engaged in industrial, distribution or wholesale businesses. Part 2 Section 6. Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, is amended by striking paragraph (2) of Code Section 36-62-2 in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:

Page 1711

(2) `Cost of project' includes: (A) All costs of construction, purchase, or other form of acquisition; (B) All costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses, and certificates and the securing of such franchises, permits, approvals, licenses, and certificates and the preparation of applications therefor; (C) All machinery, equipment, initial fuel, and other suplies required for such project; (D) Financing charges and 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 operation; (E) Costs of engineering, architectural, and legal services; (F) Fees paid to fiscal agents for financial and other advice or supervision; (G) Cost of plans and specifications and all expenses necessary or incidental to the construction, purchase, or acquisition of the completed project or to determining the feasibility or practicability of the project; and (H) Administrative expenses and such other expenses as may be necessary or incidental to the financing authorized in this chapter. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or turst agreement or indenture pursuant to the provisions

Page 1712

of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under this chapter. Section 7. Said chapter is further amended by striking Code Section 36-62-5 in its entirety and inserting in lieu thereof a new Code section to read as follows: 36-62-5. (a) The directors shall be taxpayers residing in the county or municipal corporation for which the authority is created, and their successors shall be appointed as provided by the resolution provided for in Code Section 36-62-4. No director shall be an officer or employee of the county or municipal corporation. (b) The directors shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not, be a director. (c) The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties; provided, however, the directors of the development authority activated by counties having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall be paid a per diem allowance to be determined by the governing authority of such counties for each day, or part thereof, spent in the performance of their duties. (d) The authority may make bylaws and regulations for its governance and may delegate to one or more of its officers, agents, and employees such powers and duties as may be deemed necessary and proper. The authority shall have perpetual existence. (e) (1) The provisions of Code Sections 45-10-3 and 45-10-23 shall apply to all directors of the authority. The provisions of paragraph (9) of Code Section 45-10-3 and Code Section 45-10-23 shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the authority is in any way interested or involved, provided (1) that any interest or involvement by such

Page 1713

director is disclosed in advance to the directors of the authority and is recorded in the minutes of the authority, (2) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (3) that no director having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used in this subsection, a `substantial interest' shall mean any interest which reasonably may be expected to result in a direct financial benefit to such director as determined by the authority, which determination shall be final and not subject to review. (2) Nothing contained herein or in Code Sections 45-10-3 and 45-10-23 shall be deemed to prohibit any director who is present at any meeting or who participates in any decision of the authority from providing legal services in connection with any of the undertakings of the authority or from being paid for such services. Section 8. Said chapter is further amended by striking Code Section 36-62-7 in its entirety and inserting in lieu thereof a new Code section to read as follows: 36-62-7. No project acquired under this chapter shall be operated by an authority or any municipal corporation, county, or other governmental subdivision. Such a project shall be leased or sold to one or more persons, firms, or private corporations. If revenue bonds or other obligations are to be issued to pay all or part of the cost of the project, the project must be so leased or the contract for its sale must be entered into prior to or simultaneously with the issuance of the bonds or obligations; provided, however, that the acquisition and development of land by an authority as the site for an industrial park as provided in this chapter shall not be deemed to be the operation of a project and, notwithstanding anything herein to the contrary, an authority shall not be required to enter into a lease of such a project or a contract for its sale as a condition to the issuance of bonds or other obligations of the authority to provide financing therefor. If sold, the purchase price may be paid at one time or in installments falling due over not more than 40 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

Page 1714

or installments in amounts sufficient to pay the principal of and the interest and premium, if any, on all of its bonds and other obligations as such principal and interest become due. Section 9. Said chapter is further amended by striking paragraph (3) of subsection (g) of Code Section 36-62-8 in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) The notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing need not state the rate of interest the bonds will bear;. Section 10. Said chapter is further amended by striking Code Section 36-62-9 in its entirety and inserting in lieu thereof a new Code section to read as follows: 36-62-9. The purposes of this chapter are to develop and promote trade, commerce, industry, and employment opportunities, for the public good and the general welfare, and to promote the general welfare of the state. No bonds or bond anticipation notes, except refunding bonds, shall be issued by an authority under this chapter unless its board of directors adopts a resolution finding that the project for which such bonds or notes are to be issued will promote the foregoing objectives and will increase or maintain employment in the territorial area of such authority. Notwithstanding the foregoing requirement: (1) Bonds or bond anticipation notes may be issued to finance projects for air and water pollution control facilities and for sewage and solid waste disposal facilities, as provided in this chapter, without a finding that the project will increase or maintain employment, so long as the appropriate certification described in this chapter has been secured from the federal, state, or local agency having jurisdiction in the premises; and (2) Bonds or bond anticipation notes may also be issued by an authority to finance the acquisition or development of land as the site for an industrial park as provided in this chapter without a finding that the project will increase or maintain employment if its board of directors shall adopt a resolution finding that the tract of land to be included in the project is not intended for use by a single enterprise; will be suitable primarily for use as building sites

Page 1715

for a group of enterprises engaged in industrial, distribution, or wholesale businesses; and that either: (A) The control and administration of the tract is to be vested in the authority or in another county or joint county and municipal development authority (or in a corporation organized under the Georgia Nonprofit Corporation Code) having as one of its purposes the development of trade, commerce, industry, and employment opportunities; or (B) The uses of such tract of land are to be regulated by protective restrictions to be approved by the authority and determined by the authority to be appropriate to encourage and facilitate use thereof by business enterprises engaged in industrial, distribution, or wholesale businesses. Part 3 Section 11. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 12. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982.

Page 1716

GEORGIA RESIDENTIAL FINANCE AUTHORITY LAW AMENDED. Code Title 8, Chapter 3 Amended. No. 1485 (House Bill No. 1259). AN ACT To amend an Act known as the Georgia Residential Finance Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, so as to remove the requirement that notes issued by the authority must be secured by a capital reserve fund; to provide that notes issued by the authority may be limited as well as general obligations of the authority; to change the composition of the authority; to enlarge the investment options of the authority; to clarify the uses of income earned on authorized investments of the authority; to change the maximum amount of bonds and notes which the authority may have outstanding at any one time; to change the commingling restrictions on the funds of the authority; to change the cross-liability restrictions on the funds of the authority; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act known as the Georgia Residential Finance Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, is amended by striking in their entirety paragraphs (b) and (1) of Section 3 and inserting in lieu thereof new paragraphs (b) and (1) in the proper alphabetical sequence to read as follows: (b) `Bonds' shall mean the bonds issued by the Authority, and such bonds shall be general obligations of the Authority. Wherever the words `bond' or `bonds' appear in section 11 and 13 of this Act, they shall be deemed to include the words `note' or `notes' as defined in subsection (1) of this section.

Page 1717

(1) `Notes' shall mean the notes issued by the Authority, and such notes may be limited or general obligations of the Authority. Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 5 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Authority shall be composed of nine members as follows: (1) the Governor, or in the event he is unable to attend a meeting, the Director of the Office of Planning and Budget; (2) the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commission; (3) the Commissioner of the State Department of Community Affairs; and (4) six public members. No more than two public members shall be residents of the same congressional district. At least two of the public members appointed by the Governor shall reside outside of the Standard Metropolitan Statistical Areas of the State and at least one such public member shall reside within one of the Standard Metropolitan Statistical Areas of the State. One of the public members shall be an active family farmer. Public members shall serve for four-year terms, except as otherwise provided by law. Such public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term. The public members of the Georgia Residential Finance Authority shall be subject to the code of ethics covering members of boards, commissions and Authorities heretofore adopted (Ga. L. 1976, p. 344) and shall be subject to removal for violation thereof in the same manner (Ga. L. 1976, p. 344). Any vacancy created by any such removal for cause shall be filled by the Governor. The Authority shall elect a Chairman who shall be chief executive officer of the Authority, and a Secretary. The members of the Authority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real estate development. The Executive Director shall become an ex

Page 1718

officio nonvoting member of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the Authority. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt, the Authority may delegate to one or more of its members, the Executive Director, agent or agents, or employees such power and duties as it may deem proper. The public members of the Authority shall be compensated in the amount of $44 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority; provided, however, such compensation shall be limited to 30 days during any one fiscal year, unless one of the public members is elected Chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reimbursed for actual expenses incurred in the performance of their duties under this Act. Section 3. Said Act is further amended by striking in its entirety paragraph (14) of subsection (a) of Section 6 and inserting in lieu thereof a new paragraph (14) to read as follows: (14) subject to any agreement with bondholders, to invest monies of the Authority not required for immediate use to carry out the purposes of this Chapter, including the proceeds from the sale of any bonds and any monies held in reserve funds, in obligations which shall be limited to the following: (A) bonds or other obligations of the State, or bonds or other obligations the principal and interest of which are guaranteed by the State; (B) bonds or other obligations of the United States or of subsidiary corporations of the United States Government fully guaranteed by such government; (C) obligations of agencies of the United States Government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives;

Page 1719

(D) bonds or other obligations issued by any public housing agency or municipality in the United States, which such bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States Government, or project notes issued by any public housing agency, urban renewal agency or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan or payment agreement with the United States Government; (E) certificates of deposit of national or State banks located within the State which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and State building and loan associations located within the State which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation (including the certificates of deposit of any bank, savings and loan association or building and loan association acting as depository, custodian or trustee for any such bond proceeds); provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, if any, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or State bank located within the State of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: direct and general obligations of the State, or of any county or municipality in the State, obligations of the United States or subsidiary corporations included in subparagraph (B) above, obligations of the agencies of the United States Government included in subparagraph (C) above, or bonds, obligations or project notes of public housing agencies, urban renewal agencies or municipalities included in subparagraph (D) above; and (F) interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least fifty million dollars ($50,000,000) or with any government bond dealer reporting to, trading with and recognized as a primary dealer by the Federal

Page 1720

Reserve Bank of New York having capital aggregating at least fifty million dollars ($50,000,000) or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956; provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement or other similar banking arrangement shall permit the monies so placed to be available for use at the time provided with respect to the investment or reinvestment of such monies; and provided further that all monies in each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement or other similar banking arrangement shall be continuously and fully secured by obligations described in subparagraphs (A), (B), (C) or (D) of this paragraph, equal at all times to the amount of the interest-bearing time deposits, repurchase agreement, reverse repurchase agreement, rate guarantee agreement or other similar banking arrangement;. Section 4. Said Act is further amended by adding between paragraphs (14) and (15) of subsection (a) of Section 6 a new paragraph, to be designated paragraph (14A), to read as follows: (14A) to use income earned on any investment authorized in paragraph (14) of subsection (a) of Section 6 above for such corporate purposes of the Authority as the Authority in its discretion shall determine and provide;. Section 5. Said Act is further amended by striking in its entirety paragraph (3) of subsection (a) of Section 9 and inserting in lieu thereof a new paragraph (3) to read as follows: (3) The authority shall not have outstanding at any one time bonds and notes for its multi-family residential housing program in an aggregate principal amount exceeding $150 million, excluding bonds and notes issued to refund outstanding bonds and notes. Section 6. Said Act is further amended by striking in their entirety paragraphs (5) and (6) of subsection (a) of Section 9 and inserting in lieu thereof new paragraphs (5) and (6) to read as follows: (5) On or after May 1, 1981, the Authority shall at no time combine funds, revenues or proceeds derived from the issuance of

Page 1721

bonds and notes used to fund the single-family residential housing program or the multi-family residential housing program with the funds, revenues or proceeds derived from the issuance of bonds or notes used to fund the family farm program. (6) On or after May 1, 1981, the funds, revenues or proceeds derived from the issuance of bonds and notes used to fund the single-family residential housing program or the multi-family residential housing program shall not be liable for any deficit, default, or failure of the family farm program, nor shall the funds, revenues or proceeds derived from the issuance of bonds and notes used to fund the family farm program be liable for any deficit, default, or failure of either the single-family or the multi-family residential housing programs. Part 2 Section 7. Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the Georgia Residential Finance Authority Act, is amended by striking in their entirety paragraphs (3) and (13) of Code Section 8-3-172 and inserting in lieu thereof in the proper numerical sequence new paragraphs (3) and (13) to read as follows: (3) `Bonds' means the bonds issued by the authority. Such bonds shall be general obligations of the authority. Wherever the word `bond' or `bonds' appears in Code Section 8-3-183, it shall be deemed to include the word `note' or `notes' as defined in paragraph (13) of this Code section. (13) `Notes' means the notes issued by the authority. Such notes may be limited or general obligations of the authority. Section 8. Said article is further amended by striking in its entirety subsection (a) of Code Section 8-3-174 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The authority shall be composed of nine members, as follows: (1) The Governor, or in the event he is unable to attend a meeting, the director of the Office of Planning and Budget;

Page 1722

(2) The director of the Financing and Investment Division of the Georgia State Financing and Investment Commission; (3) The commissioner of community affairs; and (4) Six public members to be appointed by the Governor. Section 9. Said article is further amended by striking in its entirety subsection (b) of Code Section 8-3-174 and inserting in lieu thereof a new subsection (b) to read as follows: (b) No more than two public members shall be residents of the same congressional district. At least two of the public members shall reside outside of the standard metropolitan statistical areas of the state, and at least one public member shall reside within one of the standard metropolitan statistical areas of the state. One of the public members shall be an active family farmer. Public members shall serve four-year terms, except as otherwise provided by law. Public members shall continue in office until their successors have been appointed and have qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term. The public members shall be subject to the code of ethics covering members of boards, commissions, and authorities as contained in Code Sections 45-10-3 through 45-10-5 and shall be subject to removal for violation of that code of ethics as provided in those Code sections. Any vacancy created by any such removal for cause shall be filled by the Governor. Section 10. Said article is further amended by striking in its entirety paragraph (14) of subsection (a) of Code Section 8-3-176 and inserting in lieu thereof a new paragraph (14) to read as follows: (14) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this article, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state, or bonds or other obligations the principal and interest of which are guaranteed by the state;

Page 1723

(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with nay national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state;

Page 1724

(ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; and (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; and provided, further, that all moneys in each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall be continuously and fully secured by obligations described in subparagraphs (A), (B), (C), or (D) of this paragraph, equal at all times to the amount of the interest-bearing time deposits, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement;. Section 11. Said article is further amended by striking in its entirety paragraph (26) of subsection (a) of Code Section 8-3-176 and inserting in lieu thereof new paragraphs (26) and (27) to read as follows: (26) To do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this article;

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(27) To use income earned on any investment authorized in paragraph (14) of this subsection for such corporate purposes of the authority as the authority in its discretion shall determine and provide. Section 12. Said article is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 8-3-180 and inserting in lieu thereof a new paragraph (3) to read as follows: (3) The authority shall not have outstanding at any one time bonds and notes for its multi-family residential housing program in an aggregate principal amount exceeding $150 million, excluding bonds and notes issued to refund outstanding bonds and notes. Section 13. Said article is further amended by striking in their entirety paragraphs (5) and (6) of subsection (a) of Code Section 8-3-180 and inserting in lieu thereof new paragraphs (5) and (6) to read as follows: (5) On or after May 1, 1981, the authority shall at no time combine funds, revenues, or proceeds derived from the issuance of bonds and notes used to fund the single-family residential housing program or the multi-family residential housing program with the funds, revenues, or proceeds derived from the issuance of bonds or notes used to fund the family farm program. (6) On or after May 1, 1981, the funds, revenues, or proceeds derived from the issuance of bonds and notes used to fund the single-family residential housing program or the multi-family residential housing program shall not be liable for any deficit, default, or failure of the family farm program; nor shall the funds, revenues, or proceeds derived from the issuance of bonds and notes used to fund the family farm program be liable for any deficit, default, or failure of either the single-family or the multi-family residential housing programs. Part 3 Section 14. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982.

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(c) Part 2 of this Act shall become effective on November 1, 1982. Section 15. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. DOWNTOWN DEVELOPMENT AUTHORITIES LAW AMENDED. Code Title 36, Chapter 62A Enacted. No. 1486 (House Bill No. 1308). AN ACT To specify conditions under which an authority created pursuant to the Downtown Development Authorities Law or created by or pursuant to a local constitutional amendment to promote the development of trade, commerce, industry, and employment opportunities may deal with one of its directors or members or an organization or person with which a director or member is in any way interested or involved; to provide that no director who is present at any meeting or who participates in any decision of the authority shall be prohibited from providing legal services in connection with any of the undertakings of the authority or from being paid for such services; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act prohibiting members of state boards, bureaus, and commissions from contracting with the agencies on which they

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serve as members, approved February 13, 1956 (Ga. L. 1956, p. 60), and an Act providing for a code of ethics for members of all boards, commissions, and authorities of state government created by general statute, approved March 5, 1976 (Ga. L. 1976, p. 344), shall apply to all directors and members of any Downtown Development Authority created pursuant to the Downtown Development Authorities Law, approved April 17, 1981 (Ga. L. 1981, p. 1744), as now or hereafter amended, or any authority created by or pursuant to a local constitutional amendment to promote the development of trade, commerce, industry, and employment opportunities to the extent that the Constitution authorizes the General Assembly by law to define further and to enlarge or restrict the powers and duties of any such authority created by or pursuant to a local constitutional amendment. The provisions of said Acts shall be deemed to have been complied with and any such authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or member or any organization or person with which any director or member of said authority is in any way interested or involved, provided (1) that any interest or involvement by such director or member is disclosed in advance to the directors or members of the authority and is recorded in the minutes of the authority, (2) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (3) that no director having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used herein, a substantial interest shall mean any interest which reasonably may be expected to result in a direct financial benefit to such director or member as determined by the authority, which determination shall be final and not subject to review. Nothing contained herein or in Code Sections 89-916 and 89-953 shall be deemed to prohibit any director who is present at any meeting or who participates in any decision of the authority from providing legal services in connection with any of the undertakings of the authority or from being paid for such services. Part 2 Section 2. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Chapter 62A, immediately following Chapter 62, to read as follows:

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CHAPTER 62A 36-62A-1. (a) Code Section 45-10-3, relating to code of ethics of members of boards, commissions, and authorities, and Code Section 45-10-23, which prohibits members of boards, bureaus, and commissions from contracting with agencies on which they serve as members, shall apply to all directors and members of any downtown development authority created pursuant to Chapter 42 of this title, known as the `Downtown Development Authorities Law,' or of any authority created by or pursuant to a local constitutional amendment to promote the development of trade, commerce, industry, and employment opportunities to the extent that the Constitution authorizes the General Assembly by law to define further and to enlarge or restrict the powers and duties of any such authority created by or pursuant to a local constitutional amendment. The provisions of paragraph (9) of Code Section 45-10-3 and Code Section 45-10-23 shall be deemed to have been complied with and any such authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or member or any organization or person with which any director or member of said authority is in any way interested or involved, provided (1) that any interest or involvement by such director or member is disclosed in advance to the directors or members of the authority and is recorded in the minutes of the authority, (2) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (3) that no director having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used in this subsection, a `substantial interest' shall mean any interest which reasonably may be expected to result in a direct financial benefit to such director or member as determined by the authority, which determination shall be final and not subject to review. (b) Nothing contained herein or in Code Sections 45-10-3 and 45-10-23 shall be deemed to prohibit any director who is present at any meeting or who participates in any decision of the authority from providing legal services in connection with any of the undertakings of the authority or from being paid for such services.

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Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. GAME AND FISH CODE AMENDED. Code Title 27 Amended. No. 1487 (House Bill No. 1525). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, known as the Game and Fish Code, so as to eliminate the requirement that superior court clerks report to the Department of Natural Resources the disposition of game and fish prosecutions; to prohibit fleeing from or attempting to elude peace officers enforcing this title; to eliminate the limitations upon the taking of certain nongame species of wildlife; to impose certain additional restrictions and limitations upon the use of public fishing areas and wildlife management areas; to eliminate the requirement for separate salt-water and fresh-water commercial fishing licenses for residents and nonresidents; to change the provisions relating to commercial alligator farming licenses; to delete all references to the distinction between

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salt-water and fresh-water commercial fishing licenses; to authorize counties to retain certain proceeds arising from the sale of confiscated firearms and vehicles used in night deer hunting and of confiscated boats, nets, and accessory equipment used in illegal shrimping; 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. Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general game and fish code provisions, is amended by striking in its entirety subsection (b) of Code Section 27-1-14 which reads as follows: (b) The clerk of the court in which each case is disposed of shall promptly make a written report to the commissioner showing the disposition of each case. Unless otherwise prohibited by law, for making each such report the clerk shall be entitled to an additional fee of $1.00 to be added to the costs allowed by law against the defendant and to be retained by the clerk as his special compensation for making the report. Section 2. Said Chapter 1 is further amended by inserting after Code Section 27-1-25 a new Code Section 27-1-25.1 to read as follows: 27-1-25.1. It shall be unlawful for any person operating any motor vehicle or power boat to fail or refuse to bring such vehicle or boat to a stop, or otherwise to flee or attempt to elude a pursuing peace officer who is in uniform, who prominently displays his badge of office, and who is authorized to enforce this title, when given a visible or audible signal to bring such vehicle or boat to a stop. An officer may give such visible or audible signal by use of his hand or voice or by use of an emergency light or siren. Section 3. Said Chapter 1 is further amended by striking in its entirety subsection (a) of Code Section 27-1-28 and substituting in lieu thereof a new subsection (a) to read as follows: (a) Except as otherwise provided by law, rule, or regulation, it shall be unlawful to hunt, trap, fish, take, possess, or transport any nongame species of wildlife, except that the following species may be taken by any method except those specifically prohibited by law or regulation:

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(1) Rats; (2) Mice; (3) Coyotes; (4) Armadillos; (5) Groundhogs; (6) Beaver; (7) Fresh-water turtles; (8) Poisonous snakes; (9) Frogs; (10) Spring lizards; (11) Fiddler crabs; (12) Fresh-water crayfish; and (13) Fresh-water mussels. Section 4. Said Chapter 1 is further amended by striking in its entirety subsection (a) of Code Section 27-1-33 and substituting in lieu thereof a new subsection (a) to read as follows: (a) It shall be unlawful to enter upon or to hunt, trap, or fish on any public fishing area or wildlife management area owned or operated by the department except in compliance with all applicable laws and all rules and regulations promulgated by the board including, but not limited to, any law, rule, or regulation relating to seasons or bag limits or requiring a special permit. Further, it shall be unlawful for any person except those specifically excluded by law to hunt on a wildlife management area without a valid wildlife management area stamp as authorized by Code Section 27-1-4. Such stamp must be affixed to a valid hunting license and signed by the license holder., and by striking in their entirety subsections (b) and (c) of said Code Section 27-1-33, which read as follows:

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(b) It shall be unlawful for any person to possess any firearm or bow on any public hunting, fishing, or game management area owned or operated, or owned and operated, by the department except during a legal open hunting season for that area and except when such firearm or bow and arrow is unloaded and stored so as not to be readily accessible. (c) It shall be unlawful for any person to be under the influence of drugs, intoxicating liquors, beers, or wines on any public hunting, fishing, or game management area. The determination of whether any person is under the influence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 40-6-392., and by redesignating subsection (d) as subsection (b). Section 5. Chapter 2 of said Title 27, relating to licenses, permits, and stamps, is amended by striking in its entirety paragraph (5) of Code Section 27-2-23 pertaining to commercial fishing licenses and substituting in lieu thereof a new paragraph (5) to read as follows: (5) Commecial fishing licenses: (A) Resident commercial fishing license Season $ 15.00 (B) Nonresident commercial fishing license Season 100.25 (C) Resident commercial eel fishing license Season 25.00 (D) Nonresident commercial eel fishing license Season 100.00 Section 6. Said Chapter 2 of Title 27 is further amended by striking subparagraph (0) of paragraph (7) of Code Section 27-2-23 in its entirety and substituting in lieu thereof a new subparagraph (0) to read as follows:

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(0) Commercial alligator farming licence Annual 25.00 Section 7. Title 27, Game and Fish, is amended by striking the words salt-water and fresh-water wherever they appear in said title in conjunction with the phrase commercial fishing license. Section 8. Chapter 3 of said Title 27, relating to wildlife generally, is amended by inserting after Code Section 27-3-1 a new Code Section 27-3-1.1 to read as follows: 27-3-1.1. It shall be unlawful for any person on any wildlife management area owned or operated by the department: (1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area; (3) To be under the influence of drugs, intoxicating liquors, beers, or wines. The determination of whether any person is under the influence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 40-6-392; (4) To hunt within 50 yards of any road which receives regular maintenance for the purpose of public vehicular access; (5) To target practice, except where an authorized shooting range is made available by the department, and then only in a manner consistent with the rules for shooting ranges promulgated by the board; (6) To drive a vehicle around a closed gate, cable, sign, or other structure or device intended to prevent vehicular access to a road entering onto or within such an area; (7) To hunt within any posted safety zone; (8) To camp upon or drive a motor vehicle over any permanent pasture or area planted in crops;

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(9) While hunting bears in any such area opened to bear hunting, to kill a female bear with cub(s) or to kill a cub weighing less than 75 pounds; (10) To fail to report the killing of a deer, bear, or turkey in the manner specified by the rules of the department for that wildlife management area on the date killed to the state game and fish checking station on the area; (11) To hunt small game during a managed deer or turkey or bear hunt; (12) To construct any tree stand or to hunt from any tree stand except a portable or natural tree stand; (13) To trap except with a special trapping permit issued by the department. Section 9. Said Chapter 3 is further amended by striking in its entirety subsection (c) of Code Section 27-3-48 and by substituting in lieu thereof a new subsection (c) to read as follows: (c) The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any vehicle, boat, animal, or firearm used in the hunting of deer at night, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of such property. A copy of the petition shall be served upon the owner or lessee of the property, if known, and upon the person or persons having custody or possession of the property at the time of the confiscation or seizure. If the owner, lessee, or person or persons having custody or possession of the property at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. The publication shall be deemed notice to any and all persons having an interest in or right affected by the proceeding and any sale of the property resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise, the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that the property was so used and that such use was with the consent, express

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or implied, of the owner, the property shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from the sale shall be applied: (1) To the payment of proper costs and expenses, including expenses incurred in the seizure; (2) To the payment of the cost of the court and its officers; (3) To the payment of any cost incurred in the storage, advertisement, maintenance, or care of the property; and (4) If any money remains, to the general funds of the county. The Attorney General may, upon the request of the commissioner, aid the district attorney in the in rem proceeding arising from any seizure or confiscation of property. Section 10. Chapter 4 of said Title 27, relating to fish, is amended by inserting in Code Section 27-4-11.1 a new subsection (a) which shall read as follows: (a) It shall be unlawful for any person on any public fishing area owned or operated by the department: (1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area; (3) To be under the influence of drugs, intoxicating liquors, beers, or wines. The determination of whether any person is under the influence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 40-6-392. and by redesignating subparagraphs (a) through (n) as (b) through (o). Section 11. Said Chapter 4 is further amended by striking in its entirety subsection (a) of Code Section 27-4-137 and substituting in lieu thereof a new subsection (a) to read as follows:

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(a) Each boat, propulsion unit, net, door, boom, winch, cable, electronic device, or accessory equipment used in violation of Code Section 27-4-133, 27-4-170, or 27-4-171 is declared to be contraband and forfeited to the state and shall be confiscated and seized by any peace officer, who shall impound it in the name of the district attorney whose circuit includes the county in which a seizure is made. The district attorney whose circuit includes the county in which a seizure is made, within 30 days after the seizure of any such equipment, shall institute proceedings by petition in the superior court of any county where the seizure was made against the property so seized and against any and all persons having an interest in or right affected by the seizure or sale of the equipment. A copy of the petition shall be served upon the owner or lessee of the equipment, if known, and upon the person having custody or possession of the equipment at the time of the confiscation or seizure. If the owner, lessee, or person having custody or possession of the equipment at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceedings and any sale of the equipment resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise, the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such equipment was used in violation of the Code sections heretofore cited in this subsection, the equipment shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from the sale shall be applied: (1) To the payment of proper costs and expenses, including expenses incurred in the seizure; (2) To the payment of the costs of the court and its officers; (3) To the payment of any costs incurred in the storage, advertisement, maintenance, or care of such property; and (4) If any money remains, to the general funds of the county. Section 12. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or

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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 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 on November 1, 1982. Section 14. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. COURTS OF LIMITED JURISDICTION COMPENSATION ACT OF 1982. Code Title 15, Chapter 22 Enacted. No. 1488 (House Bill No. 1847). AN ACT To provide the compensation of judges of certain courts of limited jurisdiction; to provide definitions; to provide for applicability; to provide for the procedures whereby the governing authority of a county shall select the method of compensating the judges; to provide for alternative compensation plans for judges of courts of limited jurisdiction; to provide for the operation and administration of these plans; to provide for the designation of judges as full-time judges and part-time judges of courts of limited jurisdiction; to provide for certain reports; to provide penalties; to provide for the disposition of certain funds; to provide for the scheduling of judges; to amend the Official Code of Georgia Annotated accordingly; to provide effective

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dates; 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: Part 1 Section 1. Short Title. This Act shall be known and may be cited as the Courts of Limited Jurisdiction Compensation Act of 1982. Section 2. Definitions. As used in this Act, the term: (1) Court of limited jurisdiction means a justice of the peace court, a small claims court, or any other court in which the judge is compensated, in whole or in part, from fees charged and collected for the performance of the duties of said court. (2) Full-time judge means a judge who serves on a continusing basis and who devotes a minimum of 40 hours per week to the performance of the official duties of his judicial office and whose court is open for the transaction of the public's business during normal working hours in accordance with Code Section 23-103. (3) Fund means the Courts of Limited Jurisdiction Fund created by Section 6 of this Act. (4) Judge means a justice of the peace, as defined in paragraph (5) of this section, a judge of a small claims court who has been duly certified by the Georgia Justice Courts Training Council in accordance with an Act approved March 14, 1978 (Ga. L. 1978, p. 894), as amended, or who is exempt from certification, or a judge of any other court to which the provisions of this Act shall apply. (5) Justice of the peace means a justice of the peace or a notary public ex officio justice of the peace who has been duly certified by the Georgia Justice Courts Training Council in accordance with an Act approved March 14, 1978 (Ga. L. 1978, p. 894), as amended. (6) Part-time judge means any judge other than a full-time judge, provided such judge devotes a minimum of 20 hours per week to the performance of the official duties of his judicial office.

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(7) Trustee means a person designated to administer the Courts of Limited Jurisdiction Compensation Fund established by Section 6 of this Act. Section 3. Applicability. The provisions of this Act shall apply to any county containing a court of this state created pursuant to Article VI of the Constitution of this state or any general or local Act enacted pursuant thereto in which the judge of said court is compensated in whole or in part by fees charged and collected for the performance of the duties of said court. The provisions of this Act shall not apply to any court in which the judge is compensated by the state or any political subdivision thereof on a salaried basis. Section 4. Election of Method of Compensating Judges. (a) The governing authority of each county of this state in which there is a court in which the judge of said court is compensated, in whole or in part, by fees charged and collected for the performance of the duties of said court shall, prior to July 1, 1982, elect to provide compensation for the judges of the courts of limited jurisdiction on a salary basis as provided in Section 5 of this Act or as provided in Section 6 of this Act. The election shall be made in the form of a resolution adopted in accordance with the provisions of Paragraph I of Section II of Article IX of the Constitution relating to home rule for counties. (b) If the governing authority of such county fails to make the election provided for in subsection (a) of this section, the judges of the courts of limited jurisdiction shall be compensated in accordance with Section 6 of this Act. (c) Copies of the resolution electing a method of compensation as provided in this section shall be sent by first-class mail to the judge or judges of the courts of limited jurisdiction. (d) After June 30, 1983, the governing authority of any county in which the provisions of this Act are applicable may, after notice and hearing, elect to change from the plan for compensating judges of courts of limited jurisdiction adopted pursuant to subsection (a) of this section to the alternative plan authorized by this Act. The governing authority shall give 90 days' notice of its intention to change the plan of compensation. Such notice shall be in writing and shall be accomplished by sending a copy of the notice to each judge affected and to the clerk of the superior court. The change of plan of compensation shall be made in the form of a resolution adopted in

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accordance with the provisions of subsection (a) of this section. However, the amount of compensation paid to any judge pursuant to this Act shall not be reduced as a result of a change in plan of compensation made in accordance with this subsection. Section 5. Plan of Compensation A. (a) Effective July 1, 1982, each full-time and part-time judge as determined by Section 7 of this Act shall be compensated by a reasonable salary established by the governing authority of the county. The salary shall be the same for all full-time judges and the same for all part-time judges. (b) The governing authority of the county may provide for additional compensation provided that any such additional compensation shall apply uniformly to all judges of courts of limited jurisdiction. (c) The judges of courts of limited jurisdiction who are compensated in accordance with this section shall charge and collect for the official duties performed by them the same fees as are provided by law but any and all such fees so collected shall be the property of the county and shall be paid into the county treasury as provided by an Act approved March 10, 1964 (Ga. L. 1964, p. 337). (d) Expenses for additional personnel, equipment, supplies, and other necessary and reasonable expenses for the operation of the court shall be paid out of such funds as shall be budgeted by the county governing authority for the operation of such courts of limited jurisdiction. Section 6. Plan of Compensation B. (a) Effective July 1, 1982, in each county which has not adopted a resolution to provide compensation as provided in Section 5, there is established a special fund which shall be known as the Courts of Limited Jurisdiction Fund. The fund shall be administered by a trustee as provided in subsections (h), (i), and (j) of this section and shall be subject to the audit and annual report provisions of Sections 8 and 9 of an Act providing local government financial management standards, approved April 8, 1980 (Ga. L. 1980, p. 1738). (b) The judges of courts of limited jurisdiction who are compensated in accordance with this section shall charge and collect for the official duties performed by them the same fees as are provided by law, but any and all fees so collected shall be paid into the fund as provided in subsection (c) of this section.

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(c) It shall be the duty of each judge of a court of limited jurisdiction to receive and account for all fees charged and collected and, on or before the first Monday of each month, to file with the trustee, on a form provided by the administrative office of the courts, a report of all fees and costs charged and collected during the month next preceding such report, giving the date, amount, style of the case, if any, and the names of persons from whom such fees were received, and to pay to the trustee so much as he shall have received. The trustee shall deposit all such fees received in the fund. (d) The trustee shall make disbursements and withdrawals from the fund in order to pay such reasonable and necessary expenses of the courts of limited jurisdiction, including compensation of the trustee, as the chief judge of the superior court may direct. (e) Each full-time and part-time judge of a court of limited jurisdiction shall receive an annual salary which shall be determined by order of the judges of the superior court of the county; however, the annual salary shall be the same for all full-time judges and the same for all part-time judges and any salary shall be subject to approval by the county governing authority. (f) The annual salaries of the judges of the courts of limited jurisdiction shall be paid by the trustee in equal monthly installments out of the fund. (g) The judges of the courts of limited jurisdiction may, with the approval of the judges of the superior court, employ such additional personnel as may be necessary for them to perform the duties of their office and fix their salaries. However, such personnel as were regularly employed by a judge of a court of limited jurisdiction on or before March 1, 1982, shall be approved unless the judges of the superior court find that the anticipated revenue to be received from fees charged and collected will be insufficient to pay the salaries of the judges and such additional personnel of the courts of limited jurisdiction and the reasonable and necessary expenses of such courts. (h) The judges of the courts of limited jurisdiction may, with the approval of the judges of the superior court, select some competent person to serve as trustee of the fund. The judges of the superior court shall by order appoint said person and a copy of the appointment shall be recorded on the minutes of the superior court. Any person appointed trustee of the fund shall, before entering into the

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duties of said office, take and subscribe to the oath of office prescribed by Code Section 89-302 and shall execute a bond with good security in the same amount as is prescribed by law for the clerk of the superior court of the county in which said trustee shall serve. Said bond shall be payable to the clerk of the superior court and conditioned for the faithful discharge of the trustee's duties. The trustee shall serve at the pleasure of the judges of the superior court. (i) The trustee of the fund shall annually, on or before the first day of January, file with the clerk of the superior court a full statement of all receipts and disbursements and a full statement and schedule of all funds in his hands as trustee. (j) Any person who is eligible to be appointed a trustee under the laws of this state, including the holder of any other public office under the laws of this state or any political subdivision thereof, may be appointed trustee of the fund. (k) In the event the fees paid into the fund are insufficient to pay all or a part of the annual salary of the judges and the expenses of the courts, the governing authority shall pay into the fund an amount necessary to pay such deficit. In the event the fees paid into the fund exceed the salaries and expenses paid from the fund the excess shall be paid into the county treasury. Section 7. Election of Full-time or Part-time Judges. (a) Within 30 days of the effective date of Part 1 of this Act, each judge of a court of limited jurisdiction shall notify in writing the chief judge of the superior court whether such judge desires to be designated a full-time or a part-time judge effective on July 1, 1982. A copy of this notice shall also be provided to the governing authority of the county. (b) (1) The judges of the superior court shall within 50 days of the effective date of Part 1 of this Act review the requests of the judges of the courts of limited jurisdiction of each county within the circuit and determine which judges shall be full-time judges and which shall be part-time judges. The number of full-time and part-time judges shall be subject to the approval of the governing authority of the county. In making this determination, the judges of the superior court shall take into consideration the following factors:

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(A) The desire of the judge concerned; (B) The population of the county; (C) The case load of the courts of limited jurisdiction prior to March 1, 1982; (D) The presentments, if any, of previous grand juries concerning each court of limited jurisdiction; (E) The background, education, and experience of the judge concerned; (F) The requirement of Section 9 of this Act that at least one of the judges of the courts of limited jurisdiction shall be available at all times for the purpose of acting on applications for arrest and search warrants; (G) Whether the judge presently serves full time; and (H) The jurisdiction of the court. (2) Neither race, religion, creed, national origin, sex, age, physical handicap, nor political affiliation shall be considered in making the determination. (c) No judge of a court of limited jurisdiction who elects to be a part-time judge shall without his consent be designated as a full-time judge. (d) The decision of the judges of the superior court shall be made in an order signed by the chief judge which shall be entered in the minutes of the superior court. Copies of the order shall be sent by first-class mail to each concerned judge of a court of limited jurisdiction and to the governing authority of the county. (e) Any person who shall be elected or appointed judge of a court of limited jurisdiction after the effective date of Part 1 of this Act shall, within ten days of taking his oath of office, notify the chief judge of the superior court in writing whether such judge desires to become a full-time or a part-time judge. A copy of this notice shall be sent to the governing authority of the county.

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(f) Within a reasonable time after the receipt of the notice provided in subsection (e) of this section, the judges of the superior court shall determine, in accordance with subsection (b) of this section, whether the judge shall be a full-time judge or a part-time judge. Section 8. Reports of Judges of Courts of Limited Jurisdiction. (a) On or before June 1, 1982, each judge of a court of limited jurisdiction shall file with the clerk of superior court a true and accurate report showing all gross receipts from fees and costs received in the performance of the official duties of his office together with such disbursements as may have been made for supplies, equipment, and personnel during the period from January 1, 1981, through December 31, 1981. The report shall itemize the amount paid to any person as salary or wages during said period, shall give the name of the person, and shall give the reason for the payment. (b) Said report shall be made in duplicate on forms provided by the administrative office of the courts and shall be verified by the judge of the court of limited jurisdiction. (c) Any judge of a court of limited jurisdiction who fails to file the report specified by this section shall be guilty of a misdemeanor. (d) The chief judge of the superior court of the circuit may, for good cause shown, grant an extension of not more than ten days for filing the report required by this section. Section 9. Scheduling of Judges. (a) The judges of the courts of limited jurisdiction in each county shall, on or before July 1, 1982, develop a written schedule which ensures that at least one such judge is available 24 hours per day, seven days per week for the purpose of issuing arrest and search warrants. The schedule may be revised from time to time as may be necessary. (b) In the event the judges of said courts are unable to agree on a schedule or fail to establish one, the judges of the superior court shall establish a schedule. (c) A copy of the schedule shall be provided to the sheriff, the chief of each law enforcement agency within the county, and the head of any state law enforcement agency located within the judicial circuit.

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Part 2 Section 10. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding at the end thereof a new Chapter 22 to read as follows: CHAPTER 22 15-22-1. This chapter shall be known and may be cited as the `Courts of Limited Jurisdiction Compensation Act of 1982.' 15-22-2. As used in this chapter, the term: (1) `Court of limited jurisdiction' means a justice of the peace court, a small claims court, or any other court in which the judge is compensated, in whole or in part, from fees charged and collected for the performance of the duties of said court. (2) `Full-time judge' means a judge who serves on a continuing basis and who devotes a minimum of 40 hours per week to the performance of the official duties of his judicial office and whose court is open for the transaction of the public's business during normal working hours in accordance with Code Section 36-1-12. (3) `Fund' means the Courts of Limited Jurisdiction Fund created by Code Section 15-22-6. (4) `Judge' means a justice of the peace, as defined in paragraph (5) of this Code section, a judge of a small claims court who has been duly certified by the Georgia Justice Courts Training Council in accordance with Article 5 of Chapter 10 of Title 15, or who is exempt from certification, or a judge of any other court to which the provisions of this chapter shall apply. (5) `Justice of the peace' means a justice of the peace or a notary public ex officio justice of the peace who has been duly certified by the Georgia Justice Courts Training Council in accordance with Article 5 of Chapter 10 of Title 15. (6) `Part-time judge' means any judge other than a full-time judge, provided such judge devotes a minimum of 20 hours per week to the performance of the official duties of his judicial office.

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(7) `Trustee' means a person designated to administer the `Courts of Limited Jurisdiction Compensation Fund' established by Code Section 15-22-6. 15-22-3. The provisions of this chapter shall apply to any county containing a court of this state created pursuant to Article VI of the Constitution of this state or any general or local Act enacted pursuant thereto in which the judge of said court is compensated in whole or in part by fees charged and collected for the performance of the duties of said court. The provisions of this chapter shall not apply to any court in which the judge is compensated by the state or any political subdivision thereof on a salaried basis. 15-22-4. (a) The governing authority of each county of this state in which there is a court in which the judge of said court is compensated, in whole or in part, by fees charged and collected for the performance of the duties of said court shall, prior to July 1, 1982, elect to provide compensation for the judges of the courts of limited jurisdiction on a salary basis as provided in Code Section 15-22-5 or as provided in Code Section 15-22-6. The election shall be made in the form of a resolution adopted in accordance with the provisions of Article IX of the Constitution, relating to home rule for counties. (b) If the governing authority of such county fails to make the election provided for in subsection (a) of this Code section, the judges of the courts of limited jurisdiction shall be compensated in accordance with Code Section 15-22-6. (c) Copies of the resolution electing a method of compensation as provided in this Code section shall be sent by first-class mail to the judge or judges of the courts of limited jurisdiction. (d) After June 30, 1983, the governing authority of any county in which the provisions of this chapter are applicable may, after notice and hearing, elect to change from the plan for compensating judges of courts of limited jurisdiction adopted pursuant to subsection (a) of this Code section to the alternative plan authorized by this chapter. The governing authority shall give 90 days' notice of its intention to change the plan of compensation. Such notice shall be in writing and shall be accomplished by sending a copy of the notice to each judge affected and to the clerk of the superior court. The change of plan of compensation shall be made in the form of a resolution adopted in accordance with the provisions of subsection (a) of this Code section.

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However, the amount of compensation paid to any judge pursuant to this chapter shall not be reduced as a result of a change in plan of compensation made in accordance with this subsection. 15-22-5. (a) Each full-time and part-time judge of a court of limited jurisdiction as determined by Code Section 15-22-7 shall be compensated by a reasonable salary established by the governing authority of the county. The salary shall be the same for all full-time judges and the same for all part-time judges. (b) The governing authority of the county may provide for additional compensation, provided that any such additional compensation shall apply uniformly to all judges of courts of limited jurisdiction. (c) The judges of courts of limited jurisdiction who are compensated in accordance with this Code section shall charge and collect for the official duties performed by them the same fees as are provided by law, but any and all such fees so collected shall be the property of the county and shall be paid into the county treasury as provided in Code Section 36-1-9. (d) Expenses for additional personnel, equipment, supplies, and other necessary and reasonable expenses for the operation of the court shall be paid out of such funds as shall be budgeted by the county governing authority for the operation of such courts of limited jurisdiction. 15-22-6. (a) In each county which has not adopted a resolution to provide compensation as provided in Code Section 15-22-5, there is established a special fund which shall be known as the `Courts of Limited Jurisdiction Fund.' The fund shall be administered by a trustee as provided in subsections (h), (i), and (j) of this Code section and shall be subject to the audit and annual report provisions of Chapter 81 of Title 36. (b) The judges of courts of limited jurisdiction who are compensated in accordance with this Code section shall charge and collect for the official duties performed by them the same fees as are provided by law, but any and all fees so collected shall be paid into the fund as provided in subsection (c) of this Code section.

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(c) It shall be the duty of each judge of a court of limited jurisdiction to receive and account for all fees charged and collected and, on or before the first Monday of each month, to file with the trustee, on a form provided by the administrative office of the courts, a report of all fees and costs charged and collected during the month next preceding such report, giving the date, amount, style of the case, if any, and the names of persons from whom such fees were received, and to pay to the trustee so much as he shall have received. The trustee shall deposit all such fees received in the fund. (d) The trustee shall make disbursements and withdrawals from the fund in order to pay such reasonable and necessary expenses of the courts of limited jurisdiction, including compensation of the trustee, as the chief judge of the superior court may direct. (e) Each full-time and part-time judge of a court of limited jurisdiction shall receive an annual salary which shall be determined by order of the judges of the superior court of the county; however, the annual salary shall be the same for all full-time judges and the same for all part-time judges and any salary shall be subject to approval by the county governing authority. (f) The annual salaries of the judges of the courts of limited jurisdiction shall be paid by the trustee in equal monthly installments out of the fund. (g) The judges of the courts of limited jurisdiction may, with the approval of the judges of the superior court, employ such additional personnel as may be necessary for them to perform the duties of their office and fix their salaries. However, such personnel as were regularly employed by a judge of a court of limited jurisdiction on or before March 1, 1982, shall be approved unless the judges of the superior court find that the anticipated revenue to be received from fees charged and collected will be insufficient to pay the salaries of the judges and such additional personnel of the courts of limited jurisdiction and the reasonable and necessary expenses of such courts. (h) The judges of the courts of limited jurisdiction may, with the approval of the judges of the superior court, select some competent person to serve as trustee of the fund. The judges of the superior court shall by order appoint said person and a copy of the appointment shall be recorded on the minutes of the superior court. Any person appointed trustee of the fund shall, before entering into the

Page 1749

duties of said office, take and subscribe to the oath of office prescribed by Code Section 45-3-1 and shall execute a bond with good security in the same amount as is prescribed by law for the clerk of the superior court of the county in which said trustee shall serve. Said bond shall be payable to the clerk of the superior court and conditioned for the faithful discharge of the trustee's duties. The trustee shall serve at the pleasure of the judges of the superior court. (i) The trustee of the fund shall annually, on or before the first day of January, file with the clerk of the superior court a full statement of all receipts and disbursements and a full statement and schedule of all funds in his hands as trustee. (j) Any person who is eligible to be appointed a trustee under the laws of this state, including the holder of any other public office under the laws of this state or any political subdivision thereof, may be appointed trustee of the fund. (k) In the event the fees paid into the fund are insufficient to pay all or a part of the annual salary of the judges and the expenses of the courts, the governing authority shall pay into the fund an amount necessary to pay such deficit. In the event the fees paid into the fund exceed the salaries and expenses paid from the fund, the excess shall be paid into the county treasury. 15-22-7. (a) Any person who shall be elected or appointed judge of a court of limited jurisdiction after November 1, 1982, shall, within ten days of taking his oath of office, notify the chief judge of the superior court in writing whether such judge desires to become a full-time or part-time judge. A copy of this notice shall be sent to the governing authority of the county. The judges of the superior court shall then determine whether the judge shall be a full-time or part-time judge. The number of full-time and part-time judges shall be subject to the approval of the governing authority of the county. (b) (1) In determining whether a judge shall be a full-time or a part-time judge, the judges of the superior court shall take into consideration the following factors: (A) The desire of the judge concerned; (B) The population of the county;

Page 1750

(C) The case load of the courts of limited jurisdiction; (D) The presentments, if any, of previous grand juries concerning each court of limited jurisdiction; (E) The background, education, and experience of the judge concerned; (F) The requirement of Code Section 15-22-8 that at least one of the judges of the courts of limited jurisdiction shall be available at all times for the purpose of acting on applications for arrest and search warrants; (G) Whether the judge presently serves full time; and (H) The jurisdiction of the court. (2) Neither race, religion, creed, national origin, sex, age, physical handicap, nor political affiliation shall be considered in making the determination. (c) No judge of a court of limited jurisdiction who elects to be a part-time judge shall without his consent be designated as a full-time judge. (d) The decision of the judges of the superior court shall be made in an order signed by the chief judge which shall be entered in the minutes of the superior court. Copies of the order shall be sent by first-class mail to each concerned judge of a court of limited jurisdiction and to the governing authority of the county. (e) Within a reasonable time after the receipt of the notice provided in subsection (a) of this Code section, the judges of the superior court shall determine, in accordance with this Code section, whether the judge shall be a full-time judge or a part-time judge. 15-22-8. (a) The judges of the courts of limited jurisdiction in each county shall develop a written schedule which ensures that at least one such judge is available 24 hours per day, seven days per week for the purpose of issuing arrest and search warrants. The schedule may be revised from time to time as may be necessary.

Page 1751

(b) In the event the judges of said courts are unable to agree on a schedule or fail to establish one, the judges of the superior court shall establish a schedule. (c) A copy of the schedule shall be provided to the sheriff, the chief of each law enforcement agency within the county, and the head of any state law enforcement agency located within the judicial circuit. Part 3 Section 11. (a) Except as provided in subsection (c) of this section, 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. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 12. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT AMENDED. Code Title 68C Amended. No. 1489 (Senate Bill No. 208). AN ACT To amend Code Title 68C, known as the Motor Vehicle Safety Responsibility Act, as amended, so as to change a definition; to

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change the minimum liability insurance limits for damage or destruction to property of others; to provide for certain editorial changes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 68C, known as the Motor Vehicle Safety Responsibility Act, as amended, is hereby amended by striking paragraph (5) of subsection (b) of Code Section 68C-101 in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) Proof of Financial Responsibility(A) Proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof, in the amount of $10,000.00 because of bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the amount of $20,000.00 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one accident, or (B) Proof of ability to respond in compensation to certain injured individuals, without regard to fault, up to an aggregate minimum limit of $5,000.00 per injured person in compliance with the provisions of the `Georgia Motor Vehicle Accident Reparations Act' (Ga. Laws 1974, p. 113). Section 2. Said Code title is further amended by striking subsection (a) of Code Section 68C-307 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) No policy shall be effective under Section 68C-304 unless issued by an insurance company authorized to do business in this state, except as provided in subsection (b) of this section, nor unless such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $10,000.00 because of bodily injury or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than $20,000.00 because of bodily injury or death to two or more persons in any one accident, and if the accident has resulted in injury

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to, or destruction of, property, to a limit of not less than $10,000.00 because of injury to or destruction of property of others in any one accident. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 19, 1982. TRACTORS AND FARM EQUIPMENT. Code Title 13, Chapter 8 Amended. No. 1491 (Senate Bill No. 468). AN ACT To amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving tractors and farm equipment; to provide a policy statement; to provide definitions; to provide for applicability; to provide that certain conduct is unlawful; to prohibit certain conduct and transactions; to provide for parts and inventory; to provide for warranty obligations and reimbursements; to provide for the applicability of the article to certain agreements and transactions; to provide for the termination of certain agreements and transactions; to provide for remedies; to provide that certain agreements and transactions are void and unenforceable; to provide for the repurchase of certain inventory; to provide for certain liability; to provide for which agreements and transactions are covered by the article; 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:

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Section 1. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts, is amended by designating the current provisions of said chapter as Article 1 and by adding immediately following newly designated Article 1 a new Article 2 to read as follows: ARTICLE 2 13-8-11. The General Assembly finds that the distribution of tractors and farm equipment in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate tractor and farm equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens. 13-8-12. As used in this article, the term: (1) `Distributor' or `wholesaler' means any person, company, or corporation who sells or distributes new tractors and farm equipment to tractor or farm equipment dealers and who maintains distributor representatives within the state. (2) `Distributor branch' means a branch office maintained by a distributor or wholesaler which sells or distributes new tractors and farm equipment to tractor or farm equipment dealers. (3) `Distributor representative' means a representative employed by a distributor branch, distributor, or wholesaler. (4) `Factory branch' means a branch office maintained by a manufacturer which manufactures and assembles tractors and farm equipment for sale to distributors or tractor or farm equipment dealers or which is maintained for directing and supervising the representatives of the manufacturer. (5) `Factory representative' means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of tractors and farm equipment or for supervising, servicing, instructing, or contracting with tractor or farm equipment dealers or prospective dealers.

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(6) `Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer, distributor, or wholesaler grants to a tractor or farm equipment dealer permission to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of tractors and farm equipment or services related thereto at wholesale, retail, whether by leasing, sale, or otherwise. (7) `Franchisee' means a tractor and farm equipment dealer to whom a franchise is offered or granted. (8) `Franchisor' means a manufacturer, distributor, or wholesaler who grants a franchise to a tractor and farm equipment dealer. (9) `Fraud' means, in addition to its normal legal connotation, the following: a misrepresentation in any manner, whether intentionally false or arising from gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact. (10) `Manufacturer' means any person engaged in the business of manufacturing or assembling new and unused tractors and farm equipment. (11) `New tractor and farm equipment' means a tractor or unit of farm equipment which has not been previously sold to and put into regular use or service by any person except a distributor or wholesaler or tractor and farm equipment dealer for resale. (12) `Person' means a natural person, corporation, partnership, trust, or other business entity; and, in case of a business entity, it shall include any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity. (13) `Sale' means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any tractor or unit of farm equipment or interest therein or of any franchise related thereto; any option, subscription or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether in oral or written form.

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(14) `Tractors or farm equipment' means those tractors and other farm implements primarily designed for use in agriculture. (15) `Tractor or farm equipment dealer' means any person who sells, solicits, or advertises the sale of new and used tractors and farm equipment to the consuming public. It shall not include (A) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree, or order of any court; (B) public officers while performing their duties as such officers; (C) persons making casual sales of their own tractor or item of farm equipment not subject to sales tax under the laws of the State of Georgia; (D) persons engaged in the auction sale of tractors and farm equipment; or (E) dealers in used tractors and farm equipment. 13-8-13. Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of new tractors and farm machinery and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state upon service of process in accordance with the provisions of the laws of the State of Georgia. 13-8-14. Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-15 are declared to be unlawful. 13-8-15. (a) It shall be deemed a violation of Code Section 13-8-14 for any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, distributor representative, or tractor and farm equipment dealer to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage in terms of law or equity to any of the parties or to the public. (b) It shall be deemed a violation of Code Section 13-8-14 for a manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesale branch or division, or officer, agent, or other representative thereof, to coerce, or attempt to coerce, any tractor and farm equipment dealer: (1) To order or accept delivery of any tractor or unit of farm equipment, parts or accessories therefor, or any other commodity or commodities which such tractor and farm equipment dealer has not voluntarily ordered; or

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(2) To order or accept delivery of any tractor or farm equipment with special features, accessories, or equipment not included in the base list price of such tractor or farm equipment as publicly advertised by the manufacturer thereof. (c) It shall be deemed a violation of Code Section 13-8-14 for a manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesale branch or division, or officer, agent, or other representatives thereof: (1) To refuse to deliver in reasonable quantities and within a reasonable time after receipt of dealer's order to any tractor and farm equipment dealer having a franchise or contractual agreement for the retail sale of new tractors and farm equipment sold or distributed by such manufacturer, distributor branch or division, factory branch or division, or wholesale branch or division any tractor or item of farm equipment covered by such franchise or contract specifically advertised or represented by such manufacturer, distributor, wholesaler, distributor or division, factory branch or division, or wholesale branch or division to be available for immediate delivery; provided, however, the failure to deliver any such tractor or unit of farm equipment shall not be considered a violation of this article if such failure is due to prudent and reasonable restriction on extension of credit by the franchisor to the dealer, an act of God, work stoppage or delay due to a strike or labor difficulty, a bona fide shortage of materials, freight embargo, or other cause over which the manufacturer, distributor, or wholesaler, or any agent thereof, shall have no control; (2) To coerce, or attempt to coerce, any tractor and farm equipment dealer to enter into any agreement, whether written or oral, supplementary to an existing franchise with such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof; or to do any other act prejudicial to such dealer by threatening to cancel any franchise or any contractual agreement existing between such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, and such dealer; provided, however, that notice in good faith to any tractor and farm equipment dealer of such dealer's violation of any terms or provisions of such franchise or contractual agreement shall not constitute a violation of this article if such notice is in writing

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mailed by registered or certified mail to such dealer at his current business address; (3) (A) To terminate or cancel the franchise or selling agreement of any such dealer without due cause, as defined in subparagraph (B). The nonrenewal of a franchise or selling agreement, without due cause, shall constitute an unfair termination or cancellation, regardless of the specified time period of such franchise or selling agreement. Except where the grounds for such termination or cancellation fall within part 13-8-15(c)(3)(B)(iii), such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representatives thereof, shall notify a tractor and farm equipment dealer in writing of the termination or cancellation of the franchise or selling agreement of such dealer at least 60 days before the effective date thereof, stating the specific grounds for such termination or cancellation; and in no event shall the contractual term of any such franchise or selling agreement expire, without the written consent of the tractor and farm equipment dealer involved, prior to the expiration of at least 60 days following such written notice. During the 60 day period, either party may, in appropriate circumstances, petition a court to modify such 60 day stay or to extend it pending a final determination of such proceedings on the merits. The court shall have authority to grant preliminary and final injunctive relief; (B) As used in this subparagraph, tests for determining what constitutes due cause for a manufacturer or distributor to terminate, cancel, or refuse to renew a franchise agreement shall include whether the dealer: (i) Has transferred an ownership interest in the dealership without the manufacturer's or distributor's consent; (ii) Has made a material misrepresentation in applying for or acting under the franchise agreement; (iii) Has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against the dealer which has not been discharged within

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30 days after the filing, is in default under the provisions of a security agreement in effect with the manufacturer or distributor, or is in receivership; (iv) Has engaged in an unfair business practice; (v) Has inadequately represented the manufacturer's or distributor's products with respect to sales, service, or warranty work; (vi) Has engaged in conduct which is injurious or detrimental to the public welfare; (vii) Has inadequate sales and service facilities and personnel; (viii) Has failed to comply with an applicable licensing law; (ix) Has been convicted of a crime, the effect of which would be detrimental to the manufacturer, distributor, or dealership; (x) Has failed to operate in the normal course of business for seven consecutive business days; (xi) Has relocated the dealer's place of business without the manufacturer's or distributor's consent; or (xii) Has failed to comply with the terms of the dealership or franchise agreement; (4) To resort to or use any false or misleading advertisement in connection with his business as such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof; (5) To offer to sell or to sell any new tractor or unit of farm equipment, or parts or accessories therefor to any other tractor or farm equipment dealer at a lower actual price therefor than the actual price offered to any other tractor or farm equipment dealer for the same model tractor or farm equipment identically equiped;

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or to utilize any device including, but not limited to, sales promotion plans or programs which result in such lesser actual price; provided, however, the provisions of this paragraph shall not apply to sales to a tractor or farm equipment dealer for resale to any unit of the United States government, the state, or any of its political subdivisions; and provided, further, that the provisions of this paragraph shall not apply so long as a manufacturer, distributor, or wholesaler, or any agent thereof, sells or offers to sell such new tractor or farm equipment, parts, or accessories to all their franchised tractor or farm equipment dealers at an equal price; (6) To discriminate willfully, either directly or indirectly, in price, programs, or terms of sale offered to franchisees, where the effect of such discrimination may be to lessen competition substantially or to give to one holder of a franchise any business or competitive advantage not offered to all holders of the same or similar franchise; (7) To prevent or attempt to prevent, by contract or otherwise, any tractor or farm equipment dealer from changing the capital structure of his dealership or the means by or through which he finances the operation of his dealership, provided the dealer at all times meets any reasonable capital standards agreed to between the dealership and the manufacturer, distributor, or wholesaler and provided such change by the dealer does not result in a change in the executive management of the dealership; (8) To prevent or attempt to prevent, by contract or otherwise, any tractor and farm equipment dealer or any officer, partner, or stockholder of any tractor and farm equipment dealer from selling or transferring any part of the interest of any of them to any other person or persons or party or parties; provided, however, that no dealer, officer, partner, or stockholder shall have the right to sell, transfer, or assign the franchise or power of management or control thereunder without the consent of the manufacturer, distributor, or wholesaler, except that such consent shall not be unreasonably withheld; (9) To obtain money, goods, services, anything of value, or any other benefit from any other person with whom the tractor and farm equipment dealer does business or employs on account of or in relation to the transactions between the dealer, the franchisor, and such other person; or

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(10) To require a tractor and farm equipment dealer to assent to a release, assignment, notation, waiver, or estoppel which would relieve any person from liability imposed by this article. (d) It shall be deemed a violation of Code Section 13-8-14 for a tractor and farm equipment dealer: (1) To require a retail purchaser of a new tractor or unit of farm equipment, as a condition of sale and delivery thereof, also to purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser; provided, however, that this prohibition shall not apply to special features, appliances, equipment, parts, or accessories which are already installed when the tractor or unit of farm equipment is received by the dealer from the manufacturer, distributor, or wholesaler thereof; (2) To represent and sell as new and unused any tractor or unit of farm equipment which has been used and operated for demonstration or other purposes without stating to the purchaser the approximate amount of use the tractor or unit of farm machinery has experienced; or (3) To resort to or use any false or misleading advertisement in connection with his business as such tractor and farm equipment dealer. 13-8-16. (a) Every manufacturer shall specify and every dealer shall provide and fulfill reasonable predelivery and preparation obligations for its tractors and farm equipment prior to delivery of same to retail purchasers. (b) Every manufacturer shall provide for repair parts availability throughout the reasonable useful life of any tractor or farm equipment sold. (c) Every manufacturer or distributor shall provide to his dealers, on an annual basis, an opportunity to return a portion of his surplus parts inventory for credit. The surplus parts return procedure shall be administered as follows: (1) The manufacturer or distributor may specify and thereupon notify his dealers of a time period of at least 60 days

Page 1762

duration, during which time dealers may submit their surplus parts list and return their surplus parts to the manufacturer or distributor; (2) If a manufacturer or distributor has not notified a dealer of a specific time period for returning surplus parts within the preceding 12 months, then he shall authorize and allow the dealer's surplus parts return request within 30 days after receipt of such request from the dealer; (3) Pursuant to the provisions of this subsection, a manufacturer or distributor must allow surplus parts return authority on a dollar value of parts equal to 8 percent of the total dollar value of parts purchased by the dealer from the manufacturer or distributor during the 12 month period immediately preceding the notification to the dealer by the manufacturer or distributor of the surplus parts return program, or the month the dealer's return request is made, whichever is applicable; provided, however, that the dealer may, at his option, elect to return a dollar value of his surplus parts less than 8 percent of the total dollar value of parts purchased by the dealer from the manufacturer or distributor during the preceding 12 month period as provided herein; (4) No obsolete or superseded part may be returned, but any part listed in the manufacturer's, wholesaler's, or distributor's current parts price list at the date of notification to the dealer by the manufacturer or distributor of the surplus parts return program, or the date of a dealer's parts return request, whichever is applicable, shall be eligible for return and credit hereinabove specified; provided, however, that returned parts must be in new and unused condition and must have been purchased from the manufacturer, wholesaler, or distributor to whom they are returned; (5) The minimum lawful credit to be allowed for returned parts shall be 85 percent of the wholesale cost thereof as listed in the manufacturer's, wholesaler's, or distributor's current parts price list at the date of the notification to the dealer by the manufacturer, wholesaler, or distributor of the surplus parts return program, or the date of a dealer's parts return request, whichever is applicable;

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(6) Applicable credit hereunder must be issued to the dealer within 30 days after receipt of his returned parts by the manufacturer or distributor; or (7) Packing and return freight expense incurred in any return of surplus parts pursuant to the terms of this Code section shall be borne by the dealer. 13-8-17. (a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall provide a fair and reasonable warranty agreement on any new tractor or unit of farm equipment which it sells and shall fairly compensate each of its tractor or farm equipment dealers for labor and parts used in fulfilling such warranty agreement. All claims for payment under such warranty agreements made by tractor and farm equipment dealers hereunder for such labor and parts shall be paid within 30 days following their approval. All such claims shall be either approved or disapproved within 30 days after their receipt; and, when any such claim is disapproved, the tractor or farm equipment dealer who submits it shall be notified in writing of its disapproval within such period; and each such notice shall state the specific grounds upon which the disapproval is based. Any special handling of claims required of the dealer by the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, and not uniformly required of all dealers of that make, may be enforced only after 30 days' notice in writing to the dealer and upon good and sufficient reason. (b) The minimum lawful basis for compensating said dealer for warranty work as provided for herein shall be calculated for labor in accordance with the reasonable and customary amount of time required to complete such work, expressed in hours and fractions of hours multiplied by the dealer's established hourly retail labor rate. Prior to filing a claim for reimbursement for warranty work, the dealer must notify the applicable manufacturer, wholesaler, or distributor of his hourly retail labor rate. The minimum lawful basis for compensation to the dealer for parts used in fulfilling said warranty work shall be at the dealer's costs thereof, including all freight and handling charges applicable thereto, plus 15 percent of said sum to reimburse the dealer's reasonable costs of doing business and providing such warranty service on the manufacturer's behalf.

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13-8-18. The provisions of this article shall apply to all written or oral agreements between a manufacturer, wholesaler, or distributor with a tractor or farm equipment dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which the manufacturer, wholesaler, or distributor has any direct or indirect interest. 13-8-19. It shall be unlawful for the manufacturer, wholesaler, distributor, or franchisor, without due cause, to fail to renew on terms then equally available to all its tractor and farm equipment dealers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compensation for the inventory of the business. As used herein, `due cause' shall be construed in accordance with the definition of same as contained in subparagraph (B) of paragraph (3) of subsection (c) of Code Section 13-8-15. 13-8-20. (a) In addition to temporary or permanent injunctive relief as provided in subparagraph (A) of paragraph (3) of subsection (c) of Code Section 13-8-15, any person who shall be injured in his business or property by reason of anything forbidden in this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney's fee. (b) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunctive relief. (c) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law. 13-8-21. Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable.

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13-8-22. (a) Whenever any tractor or farm equipment dealer enters into a franchise agreement with a manufacturer, distributor, or wholesaler wherein the dealer agrees to maintain an inventory of tractors, farm equipment, or repair parts and the franchise is subsequently terminated, the manufacturer, distributor, or wholesaler shall repurchase the inventory as provided in this article. The dealer may keep the inventory if he desires. If the dealer has any outstanding debts to the manufacturer, distributor, or wholesaler, then the repurchase amount may be credited to the dealer's account. (b) The manufacturer, distributor, or wholesaler shall repurchase that inventory previously purchased from him and held by the dealer on the date of termination of the contract. The manufacturer, distributor, or wholesaler shall pay 100 percent of the actual dealer cost, including freight, of all new, unsold, undamaged, and complete tractors, or other units of farm equipment which are resalable and 100 percent of the current wholesale price of all new, unused, undamaged repair parts and accessories which are listed in the manufacturer's current parts price list. The manufacturer, distributor, or wholesaler shall pay the dealer 5 percent of the current wholesale price on all new, unused, and undamaged repair parts returned to cover the cost of handling, packing, and loading. The manufacturer, distributor, or wholesaler shall have the option of performing the handling, packing, and loading in lieu of paying the 5 percent sum imposed herein for these services. (c) Upon payment within a reasonable time of the repurchase amount to the dealer, the title and right of possession to the repurchased inventory shall transfer to the manufacturer, distributor, or wholesaler, as the case may be. (d) The provisions of this article shall not require the repurchase from a dealer of: (1) Any repair part which has a limited storage life or is otherwise subject to deterioration; (2) Any single repair part which is priced as a set of two or more items; (3) Any repair part which, because of its condition, is not resalable as a new part without repackaging or reconditioning;

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(4) Any inventory for which the dealer is unable to furnish evidence, reasonably satisfactory to the manufacturer, distributor, or wholesaler, of good title, free and clear of all claims, liens, and encumbrances; (5) Any inventory which the dealer desires to keep, provided the dealer has a contractual right to do so; (6) Any tractor or unit of farm equipment which is not in new, unused, undamaged, complete condition; (7) Any repair parts which are not in new, unused, undamaged condition; (8) Any inventory which was ordered by the dealer on or after the date of receipt of the notification of termination of the franchise; or (9) Any inventory which was acquired by the dealer from any source other than the manufacturer, distributor, or wholesaler. (e) If any manufacturer, distributor, or wholesaler shall fail or refuse to repurchase any inventory covered under the provisions of this article within 60 days after termination of a dealer's contract, he shall be civilly liable for 100 percent of the current wholesale price of the inventory plus any freight charges paid by the dealer, the dealer's reasonable attorney's fees, court costs, and interest on the current wholesale price computed at the legal interest rate from the sixty-first day after termination. 13-8-23. In the event of the death or incapacity of the dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option of the heirs at law, if the dealer died intestate, or the devisees or transferees under the terms of the deceased dealer's last will and testament, if said dealer died testate, repurchase the inventory from said heirs or devisees as aforesaid as if the manufacturer, distributor, or wholesaler had terminated the contract and the inventory repurchase provisions of Code Section 13-8-22 are made expressly applicable hereto. The heirs or devisees as aforesaid shall have one year from the date of the death of the retailer or majority stockholder to exercise their option under this article; provided, however, that nothing in this article shall

Page 1767

require the repurchase of inventory if the heirs or devisees as aforesaid and the manufacturer, distributor, or wholesaler enter into a new franchise agreement to operate the retail dealership. 13-8-24. A manufacturer, distributor, or wholesaler, as the case may be, will fully indemnify and hold harmless its dealer against any losses including, but not limited to: court costs and reasonable attorney's fees or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, express or implied warranty, or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this article, parts or accessories, or other functions by the manufacturer, distributor, or wholesaler which are beyond the control of the dealer. 13-8-25. The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing contract and all other contracts entered into or renewed after November 1, 1982. Any contract in force and effect on November 1, 1982, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to this article. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982.

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SALE OF ALCOHOLIC BEVERAGES IN CERTAIN COUNTIES (200,000 - 550,000) (295,000 - 300,000) (350,000 - 500,000). Code Sections 5A-507, 3-3-7 Amended. No. 1492 (Senate Bill No. 471). AN ACT To amend Code Section 5A-507, prohibiting the sale of alcoholic beverages on Sundays and election days, as amended, so as to change certain population brackets; to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, prohibiting the sale of alcoholic beverages on Sundays and election days, so as to change certain population brackets and a census reference; to provide that the governing authority of certain counties may authorize the sale of alcoholic beverages during certain hours on Sundays; to provide that in certain counties alcoholic beverages may be sold during certain hours on Sundays in certain establishments; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 5A-507, prohibiting sales of alcoholic beverages on Sundays and election days, as amended, is amended by striking in its entirety the first clause of subsection (e), which reads as follows: (e) In all counties having a population of not less than 200,000 or more than 550,000, according to the census, in which the sale of alcoholic beverages is lawful:, and inserting in its place the following: (e) In all counties having a population of not less than 350,000 or more than 550,000, according to the census, in which the sale of alcoholic beverages is lawful:.

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Part 2 Section 2. Code Section 3-3-7 of the Official Code of Georgia Annotated, prohibiting sales of alcoholic beverages on Sundays and election days, is amended by striking in its entirety the first clause of subsection (d), which reads as follows: (d) In all counties having a population of not less than 200,000 nor more than 550,000, according to the United States decennial census, of 1970 or any future such census in which the sale of alcoholic beverages is lawful:, and inserting in its place the following: (d) In all counties having a population of not less than 350,000 nor more than 550,000 according to the United States decennial census of 1980 or any future such census, in which the sale of alcoholic beverages is lawful:. Section 3. Said Code section is further amended by adding at the end of Code Section 3-3-7 a new subsection (i) to read as follows: (i) In all counties having a population of not less than 295,000 nor more than 300,000 according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful: (1) The governing authority of the county may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and the three hours immediately following such time; and (2) Alcoholic beverages may be sold and served for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.

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Part 3 Section 4. Prior to November 1, 1983, the election superintendent in all counties having a population of not less than 295,000 nor more than 300,000 according to the United States decennial census of 1980 or any future such census shall issue the call for an election for the purpose of submitting Section 3 of this Act to the electors of such counties for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 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 such counties. The ballot shall have written or printed thereon the words: () YES () NO Shall Section 3 of the Act amending the laws relating to alcoholic beverages and providing that in counties having a population of not less than 295,000 nor more than 300,000 according to the United States decennial census of 1980 or any future such census the governing authority may authorize the sale of alcoholic beverages during certain hours on Sundays and providing that in certain counties alcoholic beverages may be sold during certain hours on Sundays in certain establishments be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of Section 3 of the Act, it shall become of full force and effect; otherwise Section 3 of the Act shall be null and void and of no force and effect. The expense of such election shall be borne by such counties. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Except as provided in Section 4, part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. GAME AND FISH CODE AMENDED. Code Title 27, Chapter 4 Amended. No. 1493 (Senate Bill No. 626). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, so as to revise the list of waters classified as trout waters, to specify seasons therefor, and to correct certain typographical errors in the list; 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. Chapter 4 of Title 27, relating to fish, is amended by striking in its entirety the title and introductory paragraph of Section 27-4-52 and substituting in lieu thereof a new paragraph to read as follows: 27-4-52. Trout Waters Without Seasons The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are designated, in the counties listed, trout waters and shall be open for trout fishing throughout the year:,

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and by striking in its entirety paragraph (1) of Section 27-4-52, and substituting in lieu thereof a new paragraph (1) to read as follows: (1) Bartow County: (A) Dykes Creek watershed; (B) Pine Log Creek watershed; (C) Pyle Creek watershed; (D) Salacoa Creek watershed; (E) Spring Creek watershed; (F) Two Run Creek watershed; and (G) Ward Creek watershed; and by striking in its entirety paragraph (6) of Section 27-4-52 and substituting in lieu thereof a new paragraph (6) to read as follows: (6) Dade County: (A) Allison Creek watershed; and (B) Lookout Creek watershed, upstream from Dade County Road S 1026;, and by striking in its entirety paragraph (13) of Section 27-4-52 and substituting in lieu thereof a new paragraph (13) to read as follows: (13) Gordon County: (A) Long Branch watershed; (B) Pine Log Creek watershed upstream from Georgia Highway 53; and (C) Salacoa Creek watershed upstream from U. S. Highway 411;,

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and by adding a new paragraph (17.1) to read as follows: (17.1) Murray County: (A) Lake Conasauga;, and by striking in its entirety paragraph (18) of Section 27-4-52 and substituting in lieu thereof a new paragraph (18) to read as follows: (18) Paulding County: (A) Pyle Creek watershed; (B) Tallapoosa River watershed; and (C) Ward Creek watershed;, and by striking in its entirety paragraph (19) of Section 27-4-52 and substituting in lieu thereof a new paragraph (19) to read as follows: (19) Pickens County: (A) East Branch watershed (including Darnell Creek watershed); (B) Fourmile Creek watershed; (C) Hobson Creek watershed; (D) Little Scarecorn Creek watershed; (E) Long Branch watershed; (F) Mud Creek watershed; (G) Polecat Creek watershed; (H) Rock Creek watershed; (I) Salacoa Creek watershed; and (J) Scarecorn Creek watershed upstream from Georgia Highway 53;,

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and by striking in its entirety paragraph (25) of Section 27-4-52 and substituting in lieu thereof a new paragraph (25) to read as follows: (25) Walker County: (A) Concord Creek watershed; (B) Duck Creek watershed; (C) Gulf Creek watershed; and (D) West Armuchee Creek watershed;, and by striking in its entirety paragraph (27) of Section 27-4-52 and substituting in lieu thereof a new paragraph (27) to read as follows: (27) Whitfield County: (A) Coahulla Creek watershed upstream from Whitfield County Road 183; and (B) Spring Creek watershed; Section 2. Said Chapter 4 is further amended by striking in its entirety paragraph (2) of Section 27-4-53 and substituting in lieu thereof a new paragraph (2) to read as follows: (2) Catoosa County: (A) Hurricane Creek watershed upstream from Peters Branch; (B) Little Chickamauga Creek watershed upstream from Catoosa County Road 387; and (C) Tiger Creek watershed upstream from Georgia Highway 2;, and by striking in its entirety paragraph (3) of Section 27-4-53 and substituting in lieu thereof a new paragraph (3) to read as follows: (3) Chattooga County:

Page 1775

(A) Allgood Branch watershed upstream from Tennessee, Alabama, and Georgia railroad; (B) Chappel Creek watershed; (C) Chelsea Creek watershed; (D) East Fork Little River watershed; (E) Hinton Creek watershed; (F) Kings Creek watershed; (G) Middle Fork Little River watershed; (H) Mt. Hope Creek watershed; (I) Perennial Spring watershed; (J) Raccoon Creek watershed upstream from Georgia Highway 48; (K) Ruff Creek watershed; (L) Storey Mill Creek watershed; and (M) Taliaferro Creek watershed;, and by striking in its entirety paragraph (5) of Section 27-4-53 and substituting in lieu thereof a new paragraph (5) to read as follows: (5) Dade County: (A) East Fork Little River watershed; (B) Rock Creek watershed; and (C) West Fork Little River watershed;, and by striking in its entirety paragraph (7) of Section 27-4-53 and substituting in lieu thereof a new paragraph (7) to read as follows:

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(7) Fannin County: (A) All streams or parts of streams, except those listed in Section 27-4-52; and (B) Rock Creek Lake;, and by striking in its entirety paragraph (8) of Section 27-4-53 and substituting in lieu thereof a new paragraph (8) to read as follows: (8) Floyd County: (A) Johns Creek watershed upstream from Floyd County Road 212; (B) Kings Creek watershed; (C) Lavender Creek watershed upstream from Floyd County Road 234; (D) Little Cedar Creek watershed; (E) Mt. Hope Creek watershed; and (F) Toms Creek watershed;, and by striking in its entirety paragraph (15) of Section 27-4-53 and substituting in lieu thereof a new paragraph (15) to read as follows: (15) Haralson County: (A) Beach Creek watershed upstream from Haralson County Road 34; (B) Flatwood Creek watershed; (C) Lassetter Creek watershed; and (D) Mann Creek watershed upstream from Haralson County Road 162;, and by striking in its entirety paragraph (17) of Section 27-4-53 and substituting in lieu thereof a new paragraph (17) to read as follows:

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(17) Murray County: (A) All tributaries to Carters Reservoir; (B) Conasauga-Jacks River watershed upstream from Georgia-Tennessee state line; (C) Holly Creek watershed (including Emory Creek watershed) upstream from Emory Creek; (D) Mill Creek watershed upstream from Murray County Road 27; (E) North Prong Sumac Creek watershed; (F) Rock Creek watershed upstream from Murray County Road 4; (G) Sugar Creek watershed upstream from Murray County Road 4; and (H) Sumac Creek watershed upstream from Coffey Lake;, and by striking in its entirety paragraph (25) of Section 27-4-53 and substituting in lieu thereof a new paragraph (25) to read as follows: (25) Walker County: (A) Allen Creek watershed; (B) Chappel Creek watershed; (C) Dry Creek watershed (tributary to East Armuchee Creek); (D) East Armuchee Creek watershed upstream from Georgia Highway 136; (E) East Fork Little River watershed (flows into Dade County); (F) East Fork Little River watershed (flows into Chattooga County, includes Gilreath Creek);

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(G) Furnace Creek watershed; (H) Harrisburg Creek watershed (including Dougherty Creek watershed) upstream from Dougherty Creek; (I) Johns Creek watershed; (J) Left Fork Coulter Branch watershed; (K) Little Chickamauga Creek watershed; (L) Middle Fork Little River watershed (includes Cannon Branch and Hale Branch); (M) Rock Creek watershed (including Sawmill Branch) upstream from Sawmill Branch; (N) Ruff Creek watershed; (O) Snake Creek watershed; (P) West Chickamauga Creek watershed upstream from Walker County Road 107; and (Q) West Fork Little River watershed;, and by striking in its entirety paragraph (27) of Section 27-4-53 and substituting in lieu thereof a new paragraph (27) to read as follows: (27) Whitfield County: (A) East Armuchee Creek watershed; (B) Snake Creek watershed; (C) Swamp Creek watershed upstream from Whitfield County Road 9; and (D) Tiger Creek watershed; 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

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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 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 be effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. BONDS OF DEPUTY SHERIFFS. Code Sections 24-2811, 89-426, 15-16-23, 45-4-2 Amended. No. 1494 (Senate Bill No. 632). AN ACT To amend Code Chapter 24-28, relating to sheriffs, as amended, so as to provide for bonds of deputies; to amend Code Chapter 89-4, relating to official bonds, as amended, so as to change the provisions relating to bonds of deputies of public officials; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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:

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Part 1 Section 1. Code Chapter 24-28, relating to sheriffs, as amended, is amended by striking Code Section 24-2811 in its entirety and inserting in lieu thereof a new Code Section 24-2811 to read as follows: 24-2811. Sheriffs are authorized in their discretion to appoint one or more deputies. Each deputy shall be required to execute a bond with a surety in the amount of $5,000.00 payable to the sheriff and conditioned upon the faithful performance of his duties. Section 2. Code Chapter 89-4, relating to official bonds, as amended, is amended by striking Code Section 89-426 in its entirety and inserting in lieu thereof a new Code Section 89-426 to read as follows: 89-426. Deputies' bonds; to whom payable; sureties; conditions; recording. Deputies shall give bonds, with surety, payable to their principals, for their conduct as deputies, conditioned as, and for the same amounts unless otherwise provided by law, as their principals' bonds, which bonds shall be recorded in the same office and in the same manner as the bonds of the principals. Part 2 Section 3. The Official Code of Georgia Annotated is amended by striking in its entirety Code Section 15-16-23, relating to the appointment of deputy sheriffs, and inserting in lieu thereof a new Code Section 15-16-23 to read as follows: 15-16-23. Sheriffs are authorized in their discretion to appoint one or more deputies. Each deputy shall be required to execute a bond with a surety in the amount of $5,000.00 payable to the sheriff and conditioned upon the faithful performance of his duties. Section 4. Said Code is further amended by striking in its entirety Code Section 45-4-2, relating to deputies giving bonds to principals, and inserting in lieu thereof a new Code Section 45-4-2 to read as follows: 45-4-2. Deputies shall give bonds with surety, payable to their principals, for their conduct as deputies, conditioned as and for the same amounts, unless otherwise provided by law, as their principals' bonds. Such bonds shall be recorded in the same office and in the same manner as the bonds of the principals.

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Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. BANKS AND BANKING SAVINGS AND LOAN ASSOCIATIONS, ETC. Code Section 7-1-293 Amended. No. 1495 (Senate Bill No. 650). AN ACT To amend Code Section 7-1-293 of the Official Code of Georgia Annotated, relating to savings banks and state savings and loan associations, so as to remove the provisions subjecting state savings and loan associations to the same laws and regulations applicable to commercial banks regarding the establishment and operation of branch banks, bank offices, and bank facilities; to provide that the commissioner shall not approve an application of a financial institution requesting conversion to a commercial bank except under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code Section 7-1-293 of the Official Code of Georgia Annotated, relating to savings banks and state savings and loan associations, is amended by striking subsection (d) of said Code section in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) (1) Unless specifically exempt therein, all rules and regulations promulgated by the department and applicable to commercial banks shall be applicable to a savings bank. All such rules and regulations applicable to building and loan associations shall be applicable to a state savings and loan association. (2) The commissioner shall not approve an application of a financial institution requesting conversion to a commercial bank unless such financial institution divests itself of all branches which do not conform with the branch banking laws of this state. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. PUBLIC ACCOUNTANCY ACT OF 1977 AMENDED. Code Sections 84-203, 43-3-38 Amended. No. 1496 (Senate Bill No. 662). AN ACT To amend Code Chapter 84-2, known as the Public Accountancy Act of 1977, amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board

Page 1783

and those laws; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 84-2, known as the Public Accountancy Act of 1977, as amended, is amended by adding at the end of Code Section 84-203 a new subsection (f) to read as follows: (f) Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the State Board of Accountancy and the laws relating thereto are hereby continued until July 1, 1988, at which time the Board shall be terminated. Upon its termination, the Board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the Board shall not be reduced or otherwise limited. The laws relative to the Board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the Board shall stand repealed in their entirety. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board. Part 2 Section 2. Chapter 3 of Title 43 of the Official Code of Georgia Annotated, relating to accountants, is amended by striking Code Section 43-3-38 in its entirety and inserting in lieu thereof a new Code Section 43-3-38 to read as follows: 43-3-38. For the purposes of Chapter 2 of this title, The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Accountancy shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.

Page 1784

Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. Code Section 40-3-24 Amended. No. 1497 (Senate Bill No. 669). AN ACT To amend an Act known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, so as to provide that certain motor vehicle tag registration and certificate of title records shall be available for inspection by tax collectors, tax receivers, or tax commissioners; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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:

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Part 1 Section 1. An Act known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended, is amended by striking in its entirety subsection (d) of Section 10 and inserting in lieu thereof a new subsection (d) to read as follows: (d) The motor vehicle records which the Commissioner is required to maintain by this or any other section of law are hereby exempt from the provisions of any law of this state requiring that said records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by the following: (1) Any law enforcement officer; (2) The owner of the vehicle; (3) Any judgment creditor of the owner of the vehicle upon the presentation of a fi. fa.; (4) Any individual, or an authorized agent or representative of such individual, involved in a motor vehicle accident either as an operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian; (5) Any licensed dealer of new or used motor vehicles; (6) Any person for the purposes of a manufacturer's recall; and (7) Any tax collector, tax receiver, or tax commissioner. The Commissioner may, if necessary, promulgate reasonable rules and regulations outlining additional circumstances under which said records shall be open for public inspection. Part 2 Section 2. Code Section 40-3-24 of the Official Code of Georgia Annotated, relating to issuance of certificates of title for motor vehicles, recording of certificates of title, and access to records, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:

Page 1786

(d) The motor vehicle records which the commissioner is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by the following: (1) Any law enforcement officer; (2) The owner of the vehicle; (3) Any judgment creditor of the owner of the vehicle upon the presentation of a fi. fa.; (4) Any individual or an authorized agent or representative of such individual involved in a motor vehicle accident either as an operator of a motor vehicle, a passenger in a motor vehicle, or a pedestrian; (5) Any licensed dealer of new or used motor vehicles; (6) Any person for the purposes of a manufacturer's recall; and (7) Any tax collector, tax receiver, or tax commissioner. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. DISPOSITION OF UNCLAIMED PROPERTY ACT AMENDED. Code Section 44-12-214 Amended. No. 1498 (Senate Bill No. 680). AN ACT To amend an Act known as the Disposition of Unclaimed Property Act, approved April 3, 1972 (Ga. L. 1972, p. 762), as amended, so as to provide that the state revenue commissioner shall be deemed to have elected to receive unclaimed property in the custody of banking and financial organizations unless the holder of the property is notified to the contrary; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Disposition of Unclaimed Property Act, approved April 3, 1972 (Ga. L. 1972, p. 762), as amended, is amended by striking Section 24 in its entirety and inserting in lieu thereof a new Section 24 to read as follows: Section 24. Election to Take Payment or Delivery. The State Revenue Commissioner, after receiving reports of property deemed abandoned pursuant to this Act, may decline to receive any property reported which he deems to have a value less than the cost of giving notice and holding sale, or he may, if he deems it desirable because of

Page 1788

the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless the holder of the property is notified to the contrary within 120 days after filing the report required under Sections 12 and 13, the State Revenue Commissioner shall be deemed to have elected to receive the custody of the property. Part 2 Section 2. Code Section 44-12-214 of the Official Code of Georgia Annotated, relating to the election of the state revenue commissioner to take payment or delivery of unclaimed property, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 44-12-214 to read as follows: 44-12-214. After receiving reports of property deemed abandoned pursuant to this article, the state revenue commissioner may decline to receive any property reported which he deems to have a value less than the cost of giving notice and holding sale or he may, if he deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless the holder of the property is notified to the contrary within 120 days after filing the report required under Code Sections 44-12-202 and 44-12-203, the state revenue commissioner shall be deemed to have elected to receive the custody of the property. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

Page 1789

Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. PUBLIC RECORDS INSPECTION ACT AMENDED. Code Title 50, Chapter 18 Amended. No. 1499 (Senate Bill No. 693). AN ACT To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide the keeper of public records a reasonable amount of time within which to determine the appropriateness of inspection requests; to exclude certain documents from the coverage under the article; to provide for certain actions in the superior courts; to provide for certain fees and costs; to provide for certain penalties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, is amended by striking said Article 4 in its entirety and inserting in lieu thereof a new Article 4 to read as follows: ARTICLE 4 50-18-70. (a) All state, county, and municipal records, except those which by order of a court of this state or by law are prohibited from being open to inspection by the general public, shall be open for a personal inspection of any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen.

Page 1790

(b) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article. In no event shall this time exceed three business days. 50-18-71. In all cases where an interested member of the public has a right to inspect or take extracts or make copies from any public records, instruments, or documents, any such person shall have the right of access to the records, documents, or instruments for the purpose of making photographs of the same while in the possession, custody, and control of the lawful custodian thereof, or his authorized deputy. Such work shall be done under the supervision of the lawful custodian of the records, who shall have the right to adopt and enforce reasonable rules governing the work. The work shal be done in the room where the records, documents or instruments are kept by law. While the work is in progress, the custodian may charge the person making the photographs of the records, documents, or instruments at a rate of compensation to be agreed upon by the person making the photographs and the custodian for his services or the services of a deputy in supervising the work. 50-18-72. (a) This article shall not be applicable to records that are specifically required by the federal government to be kept confidential or to medical records and similar files, the disclosure of which would be an invasion of personal privacy. All records of hospital authorities other than the foregoing shall be subject to this article. All state officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or other similar information which has or will become incorporated into any medical or public health investigation, study, or report of the Department of Human Resources. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise. (b) This article shall not be applicable to any application submitted to or any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law.

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50-18-73. The superior courts of this state shall have jurisdiction to entertain actions against persons or agencies having custody of records open to the public under this article to enforce compliance with the provisions of this article. Such actions may be brought by any person, firm, corporation, or other entity. The court may award to the prevailing party reasonable attorney's fees and other litigation expenses reasonably incurred in bringing or defending the action to enforce compliance with this article, in addition to such other relief as may be granted by the court. 50-18-74. Any person who willfully refuses to provide access to public records as provided in Code Section 50-18-70 of this article or who refuses to allow the examination and copying of records as provided in Code Section 50-18-71 of this article shall be guilty of a misdemeanor. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. TRACTORS AND FARM EQUIPMENT. Code Title 13, Chapter 8 Amended. No. 1500 (Senate Bill No. 713). AN ACT To amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for certain transactions, agreements, and relationships involving farm equipment and implements or parts; to provide a policy statement; to provide definitions; to provide for applicability; to provide that certain conduct is unlawful; to prohibit certain conduct and transactions; to provide for parts and

Page 1792

inventory; to provide for warranty obligations and reimbursements; to provide for the applicability of the article to certain agreements and transactions; to provide for the termination of certain agreements and transactions; to provide for remedies; to provide that certain agreements and transactions are void and unenforceable; to provide for the repurchase of certain inventory; to provide for certain liability; to provide for which agreements and transactions are covered by the article; 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. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts, is amended by adding at the end thereof the following: ARTICLE 3 13-8-31. The General Assembly finds that the distribution of farm equipment in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate farm equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens. 13-8-32. As used in this article, the term: (1) `Distributor' or `wholesaler' means any person, company, or corporation who purchases farm equipment or implements or parts from a manufacturer and resells the same at wholesale to dealers. (2) `Distributor or wholesaler branch' means a branch office maintained by a distributor or wholesaler which sells or distributes farm equipment or implements or parts to tractor or farm equipment dealers. (3) `Distributor representative' means a representative employed by a distributor branch or distributor.

Page 1793

(4) `Factory branch' means a branch office maintained by a manufacturer which manufactures and assembles farm equipment or implements or parts for sale to distributors, tractor or farm equipment dealers, or wholesalers or which is maintained for directing and supervising the representatives of the manufacturer. (5) `Factory representative' means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of farm equipment or implements or parts or for supervising, servicing, instructing, or contracting with farm equipment dealers or prospective dealers or wholesalers. (6) `Farm equipment dealer' means any person who sells, solicits, or advertises the sale of farm equipment to the consuming public. It shall not include (A) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree, or order of any court; (B) public officers while performing their duties as such officers; (C) persons making casual sales of their own item of farm equipment not subject to sales tax under the laws of the State of Georgia; (D) persons engaged in the auction sale of farm equipment; or (E) dealers in used farm equipment. (7) `Farm equipment or implements' means those farm implements primarily designed for use in agriculture. (8) `Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a wholesaler permission to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of farm equipment or implements or parts or services related thereto at wholesale whether by leasing, sale, or otherwise. (9) `Franchisee' means a wholesaler to whom a franchise is offered or granted. (10) `Franchisor' means a manufacturer who grants a franchise to a wholesaler. (11) `Fraud' means, in addition to its normal legal connotation, the following: a misrepresentation in any manner,

Page 1794

whether intentionally false or arising from gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact. (12) `Manufacturer' means any person engaged in the business of manufacturing or assembling farm equipment or implements or parts. (13) `New farm equipment or implements' means a unit of farm equipment or implement which has not been previously sold to and put into regular use or service by any person except a wholesaler for resale. (14) `Person' means a natural person, corporation, partnership, trust, or other business entity; and, in case of a business entity, it shall include any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity. (15) `Sale' means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage in any form, whether by transfer in trust or otherwise, of any unit of farm equipment or implement or parts or interest therein or of any franchise related thereto; any option, subscription or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether in oral or written form. 13-8-33. Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of farm machinery or implements and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state upon service of process in accordance with the provisions of the laws of the State of Georgia. 13-8-34. Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-35 are declared to be unlawful. 13-8-35. (a) It shall be deemed a violation of Code Section 13-8-34 for any manufacturer, factory branch, factory representative, or wholesaler to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage in terms of law or equity to any of the parties or to the public.

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(b) It shall be deemed a violation of Codd Section 13-8-34 for a manufacturer, a factory branch or division, or officer, agent, or other representative thereof, to coerce, or attempt to coerce, any wholesaler: (1) To order or accept delivery of any unit of farm equipment or implements or parts or accessories therefor, or any other commodity or commodities which such wholesaler has not voluntarily ordered; or (2) To order or accept delivery of any farm equipment or implements with special features, accessories, or equipment not included in the base list price of such farm equipment or implements as publicly advertised by the manufacturer thereof. (c) It shall be deemed a violation of Code Section 13-8-34 for a manufacturer, a factory branch or division, or officer, agent, or other representatives thereof: (1) To refuse to deliver in reasonable quantities and within a reasonable time after receipt of wholesaler's order to any wholesaler having a franchise or contractual agreement for the sale of farm equipment or implements sold by such manufacturer or factory branch or division any item of farm equipment covered by such franchise or contract specifically advertised or represented by such manufacturer or factory branch or division to be available for immediate delivery; provided, however, the failure to deliver any such unit of farm equipment or implements shall not be considered a violation of this article if such failure is due to prudent and reasonable restriction on extension of credit by the franchisor to the wholesaler, an act of God, work stoppage or delay due to a strike or labor difficulty, a bona fide shortage of materials, freight embargo, or other cause over which the manufacturer or any agent thereof shall have no control; (2) To coerce or attempt to coerce any wholesaler to enter into any agreement, whether written or oral, supplementary to an existing franchise with such manufacturer, factory branch or division, or officer, agent, or other representative thereof; or to do any other act prejudicial to such wholesaler by threatening to cancel any franchise or any contractual agreement existing between such manufacturer or factory branch or division, and such wholesaler; provided, however, that notice in good faith to

Page 1796

any wholesaler of such wholesaler's violation of any terms or provisions of such franchise or contractual agreement shall not constitute a violation of this article if such notice is in writing mailed by registered or certified mail to such wholesaler at his current business address; (3) (A) To terminate or cancel the franchise or selling agreement of any such wholesaler without due cause, as defined in subparagraph (B). The nonrenewal of a franchise or selling agreement, without due cause, shall constitute an unfair termination or cancellation, regardless of the specified time period of such franchise or selling agreement. Except where the grounds for such termination or cancellation fall within part 13-8-35(c)(3)(B)(iii), such manufacturer or factory branch or division, or officer, agent, or other representatives thereof shall notify a wholesaler in writing of the termination or cancellation of the franchise or selling agreement of such wholesaler at least 60 days before the effective date thereof, stating the specific grounds for such termination or cancellation; and in no event shall the contractual term of any such franchise or selling agreement expire without the written consent of the wholesaler involved prior to the expiration of at least 60 days following such written notice. During the 60 day period, either party may, in appropriate circumstances, petition a court to modify such 60 day stay or to extend it pending a final determination of such proceedings on the merits. The court shall have authority to grant preliminary and final injunctive relief; (B) As used in this subparagraph, tests for determining what constitutes due cause for a manufacturer to terminate, cancel, or refuse to renew a franchise agreement shall include whether the wholesaler: (i) Has transferred an ownership interest in the business without the manufacturer's consent; (ii) Has made a material misrepresentation in applying for or acting under the franchise agreement; (iii) Has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against the wholesaler which has not been discharged

Page 1797

within 30 days after the filing, is in default under the provisions of a security agreement in effect with the manufacturer, or is in receivership; (iv) Has engaged in an unfair business practice; (v) Has inadequately represented the manufacturer's products with respect to sales, service, or warranty work; (vi) Has engaged in conduct which is injurious or detrimental to the public welfare; (vii) Has inadequate sales and service facilities and personnel; (viii) Has failed to comply with an applicable licensing law; (ix) Has been convicted of a crime, the effect of which would be detrimental to the manufacturer or wholesale business; (x) Has failed to operate in the normal course of business for seven consecutive business days; (xi) Has relocated the wholesaler's place of business without the manufacturer's consent; or (xii) Has failed to comply with the terms of the franchise agreement; (4) To resort to or use any false or misleading advertisement in connection with his business as such manufacturer, or factory branch or division, or officer, agent, or other representative thereof; (5) To offer to sell any unit of farm equipment or implements or parts or accessories therefor to any other wholesaler at a lower actual price therefor than the actual price offered to any other wholesaler for farm equipment or implement identically equipped; or to utilize any device including, but not limited to, sales promotion plans or programs which result in such lesser

Page 1798

actual price; provided, however, the provisions of this paragraph shall not apply to sales to a wholesaler for resale to any unit of the United States government, the state, or any of its political subdivisions; and provided, further, that the provisions of this paragraph shall not apply so long as a manufacturer sells or offers to sell such new farm equipment or implement, parts, or accessories to all their franchised wholesalers at an equal price; (6) To discriminate willfully, either directly or indirectly, in price, programs, or terms of sale offered to franchisees, where the effect of such discrimination may be to lessen competition substantially or to give to one holder of a franchise any business or competitive advantage not offered to all holders of the same or similar franchise; (7) To prevent or attempt to prevent, by contract or otherwise, any wholesaler from changing the capital structure of his business or the means by or through which he finances the operation of his business, provided the wholesaler at all times meets any reasonable capital standards agreed to between the wholesaler and the manufacturer and provided such change by the wholesaler does not result in a change in the executive management of the wholesaler; (8) To prevent or attempt to prevent, by contract or otherwise, any wholesaler or any officer, partner, or stockholder of any wholesaler from selling or transferring any part of the interest of any of them to any other person or persons or party or parties; provided, however, that no wholesaler, officer, partner, or stockholder shall have the right to sell, transfer, or assign the franchise or power of management or control thereunder without the consent of the manufacturer, except that such consent shall not be unreasonably withheld; (9) To obtain money, goods, services, anything of value, or any other benefit from any other person with whom the wholesaler does business or employs on account of or in relation to the transactions between the wholesaler, the franchisor, and such other person; or (10) To require a wholesaler to assent to a release, assignment, notation, waiver, or estoppel which would relieve any person from liability imposed by this article.

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(d) It shall be deemed a violation of Code Section 13-8-34 for a wholesaler: (1) To require a purchaser of any unit of farm equipment or implement, as a condition of sale and delivery thereof, also to purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser; provided, however, that this prohibition shall not apply to special features, appliances, equipment, parts, or accessories which are already installed when a unit of farm equipment or implement is received by the wholesaler from the manufacturer thereof; (2) To represent and sell as new and unused any unit of farm equipment or implement which has been used and operated for demonstration or other purposes without stating to the purchaser the approximate amount of use the unit of farm machinery or implement has experienced; or (3) To resort to or use any false or misleading advertisement in connection with his business as such wholesaler. 13-8-36. (a) Every manufacturer shall specify and every wholesaler shall provide and fulfill reasonable predelivery and preparation obligations for its farm equipment or implements prior to delivery of same to purchasers. (b) Every manufacturer shall provide for repair parts availability throughout the reasonable useful life of any farm equipment or implement sold. (c) Every manufacturer shall provide to his wholesalers, on an annual basis, an opportunity to return a portion of his surplus parts inventory for credit. The surplus parts return procedure shall be administered as follows: (1) The manufacturer may specify and thereupon notify his wholesalers of a time period of at least 60 days' duration, during which time wholesalers may submit their surplus parts list and return their surplus parts to the manufacturer; (2) If a manufacturer has not notified a wholesaler of a specific time period for returning surplus parts within the preceding 12 months, then he shall authorize and allow the wholesaler's

Page 1800

surplus parts return request within 30 days after receipt of such request from the wholesaler; (3) Pursuant to the provisions of this subsection, a manufacturer must allow surplus parts return authority on a dollar value of parts equal to 10 percent of the total dollar value of purchases by the wholesaler from the manufacturer during the 12 month period immediately preceding the notification to the wholesaler by the manufacturer of the surplus parts return program, or the month the wholesaler's return request is made, whichever is applicable; provided, however, that the wholesaler may, at his option, elect to return a dollar value of his surplus parts less than 10 percent of the total dollar value of purchases by the wholesaler from the manufacturer during the preceding 12 month period as provided herein; (4) No obsolete or superseded part may be returned, but any part listed in the manufacturer's current parts price list at the date of notification to the wholesaler by the manufacturer of the surplus parts return program, or the date of a wholesaler's parts return request, whichever is applicable, shall be eligible for return and credit hereinabove specified; provided, however, that returned parts must be in new and unused condition and must have been purchased from the manufacturer to whom they are returned; (5) The minimum lawful credit to be allowed for returned parts shall be 85 percent of the wholesale cost thereof as listed in the manufacturer's current parts price list at the date of the notification to the wholesaler by the manufacturer of the surplus parts return program, or the date of a wholesaler's parts return request, whichever is applicable; (6) Applicable credit hereunder must be issued to the wholesaler within 30 days after receipt of his returned parts by the manufacturer; and (7) Packing and return freight expense incurred in any return of surplus parts pursuant to the terms of this Code section shall be borne by the wholesaler. 13-8-37. Every manufacturer or factory branch or division shall reimburse its wholesalers for any expenses they incur in complying

Page 1801

with the provisions of Georgia laws pertaining to warranty requirements for farm equipment or implements as they apply to products of the manufacturer. 13-8-38. The provisions of this article shall apply to all written or oral agreements between a manufacturer with a wholesaler including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which the manufacturer has any direct or indirect interest. 13-8-39. It shall be unlawful for the manufacturer or franchisor, without due cause, to fail to renew on terms then equally available to all its wholesalers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compensation for the inventory of the business. As used herein, `due cause' shall be construed in accordance with the definition of same as contained in subparagraph (B) of paragraph (3) of subsection (c) of Code Section 13-8-35. 13-8-40. (a) In addition to temporary or permanent injunctive relief as provided in subparagraph (A) of paragraph (3) of subsection (c) of Code Section 13-8-35, any person who shall be injured in his business or property by reason of anything forbidden in this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney's fee. (b) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunctive relief. (c) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law. 13-8-41. Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable.

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13-8-42. (a) Whenever any wholesaler enters into a franchise agreement with a manufacturer wherein the wholesaler agrees to maintain an inventory of farm equipment or implements or repair parts and the franchise is subsequently terminated, the manufacturer shall repurchase the inventory as provided in this article. The wholesaler may keep the inventory if he desires. If the wholesaler has any outstanding debts to the manufacturer, then the repurchase amount may be credited to the wholesaler's account. (b) The manufacturer shall repurchase that inventory previously purchased from him and held by the wholesaler on the date of termination of the contract. The manufacturer shall pay 100 percent of the actual wholesaler's cost, including freight, of all new, unsold, undamaged, and complete units of farm equipment or implements which are resalable, all demonstrator units of farm equipment or implements, and 100 percent of the current wholesale price of all new, unused, undamaged repair parts and accessories which are listed in the manufacturer's current parts price list. The manufacturer shall pay the wholesaler 5 percent of the current wholesale price on all new, unused, and undamaged repair parts returned to cover the cost of handling, packing, and loading. (c) Upon payment within a reasonable time of the repurchase amount to the wholesaler, the title and right of possession to the repurchased inventory shall transfer to the manufacturer. (d) The provisions of this article shall not require the repurchase from a wholesaler of: (1) Any repair part which has a limited storage life or is otherwise subject to deterioration; (2) Any single repair part which is priced as a set of two or more items; (3) Any repair part which, because of its condition, is not resalable as a new part without repackaging or reconditioning; (4) Any inventory for which the wholesaler is unable to furnish evidence, reasonably satisfactory to the manufacturer, of good title, free and clear of all claims, liens, and encumbrances;

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(5) Any inventory which the wholesaler desires to keep, provided the wholesaler has a contractual right to do so; (6) Any unit of farm equipment or implement which is not in new, unused, undamaged, complete condition, except units that have been used by the wholesaler as demonstrators; (7) Any repair parts which are not in new, unused, undamaged condition; (8) Any inventory which was ordered by the wholesaler on or after the date of receipt of the notification of termination of the franchise; or (9) Any inventory which was acquired by the wholesaler from any source other than the manufacturer. (e) If any manufacturer shall fail or refuse to repurchase any inventory covered under the provisions of this article within 60 days after termination of a wholesaler's contract, he shall be civilly liable for 100 percent of the current wholesale price of the inventory plus any freight charges paid by the wholesaler, the wholesaler's reasonable attorney's fees, court costs, and interest on the current wholesale price computed at the legal interest rate from the sixty-first day after termination. 13-8-43. In the event of the death or incapacity of the wholesaler or the majority stockholder of a corporation operating as a wholesaler, the manufacturer shall, at the option of the heirs at law if the wholesaler died intestate, or the devisees or transferees under the terms of the deceased wholesaler's last will and testament if said wholesaler died testate, repurchase the inventory from said heirs or devisees as aforesaid as if the manufacturer had terminated the contract and the inventory repurchase provisions of Code Section 13-8-42 are made expressly applicable hereto. The heirs or devisees as aforesaid shall have one year from the date of the death of the wholesaler or majority stockholder to exercise their option under this article; provided, however, that nothing in this article shall require the repurchase of inventory if the heirs or devisees as aforesaid and the manufacturer enter into a new franchise agreement to operate the wholesale business.

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13-8-44. A manufacturer will fully indemnify and hold harmless its wholesaler against any losses including, but not limited to court costs and reasonable attorney's fees or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, express or implied warranty, or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this article, parts or accessories, or other functions by the manufacturer which are beyond the control of the wholesaler. 13-8-45. The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing contract and all other contracts entered into or renewed after November 1, 1982. Any contract in force and effect on November 1, 1982, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to this article. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. LIVESTOCK DEALERS AND MARKET OPERATORS. Code Title 4, Chapter 6 Amended. No. 1501 (Senate Bill No. 735). AN ACT To amend Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and market operators, so as to change the amount of bond required of licensees; to prohibit licensing of businesses owned by or employing persons who have previously been involved in defaulting businesses; to provide for all related

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matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and market operators, is amended by replacing Code Section 4-6-3 with a new Code section to read as follows: 4-6-3. No livestock market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. No livestock dealer or broker who buys or sells through a livestock market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. There shall be no fee for such license and the license shall remain valid and in force until and unless revoked. No such license shall be issued to any person unless the applicant therefor shall be bonded by the Commissioner. Section 2. Said chapter is further amended by replacing Code Section 4-6-42 with a new Code section to read as follows: 4-6-42. No person shall operate a sales establishment for the sale of livestock at auction unless he has then in force a bond in an amount equal to one fifty-second of the total sales of that establishment for the last calendar year before any such sale is held but not less than $10,000.00 or more than $150,000.00. Section 3. Said chapter is further amended by replacing Code Section 4-6-43 with a new Code section to read as follows: 4-6-43. No dealer shall purchase livestock at any sales establishment unless he has then in force a bond in an amount equal to one twenty-fifth of the total purchases made by him during the calendar year next preceding the year in which the purchase is made but not less than $10,000.00 or more than $150,000.00. This Code section shall not be applicable to nor shall a bond be required of a dealer who purchases livestock at sales establishments for cash only. Section 4. Said chapter is further amended by adding a new Code Section 4-6-49.1 to read as follows:

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4-6-49.1. (a) No license shall be issued to or allowed to be maintained by any sales establishment or dealer if: (1) Any beneficial interest in the business of the sales establishment or dealer is directly or indirectly owned by a defaulter; or (2) Any defaulter is employed in a management position by the sales establishment or dealer. (b) As used in this Code section, the term `defaulter' means any person who has within the past five years been employed in a managerial position by or owned any beneficial interest in the business of a sales establishment or dealer which business has ceased operations without satisfying all liabilities of the business either from assets of the business or from any bond or bonds. (c) The Commissioner shall have full authority to require disclosure from licensees and applicants of information sufficient to determine whether the licensee or applicant is qualified to be licensed under this Code section. The Commissioner shall have full authority to examine the records and accounts of all licensees in order to determine whether any proceeds of the business are being paid to any defaulter. (d) This Code section shall not prohibit the Commissioner from allowing a defaulter to operate as a dealer who purchases livestock for cash only. Section 5. Said chapter is further amended by replacing subsection (b) of Code Section 4-6-52 with a new subsection (b) to read as follows: (b) The Commissioner is authorized to prescribe rules and regulations for the operation of special sales. No person shall hold a special sale without obtaining a permit therefor from the Commissioner or his duly authorized representative, which shall be granted without charge upon submission of proof satisfactory to the Commissioner that the person applying for the permit is bonded in an amount equal to one-fourth of the anticipated proceeds of the sale; provided, however, such bond shall be not less than $10,000.00 and not more than $150,000.00 in amount.

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Section 6. This Act shall become effective on November 1, 1982. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1982. CRIMINAL PROCEDURE FIRST OFFENDER TREATMENT, ETC. Code Title 42, Chapter 8 Amended. No. 1503 (Senate Bill No. 579). AN ACT To amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offenders, so as to authorize the judge to place a defendant in confinement as a condition to being afforded first offender benefits; to provide for discharge and exoneration to those so confined; to change the provisions relating to release of records of discharge; to provide for the release of records of discharge to law enforcement agencies for investigative purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first offenders, is amended by striking Code Section 42-8-60 in its entirety and inserting in lieu thereof a new Code Section 42-8-60 to read as follows: 42-8-60. (a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant:

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(1) Defer further proceding and place the defendant on probation as provided by law; or (2) Sentence the defendant to a term of confinement as provided by law. (b) Upon violation by the defendant of the terms of probation or upon a conviction for another crime, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself of this article on more than one occasion. Section 2. Said article is further amended by striking Code Section 42-8-61 in its entirety and substituting in lieu thereof a new Code Section 42-8-61 to read as follows: 42-8-61. The defendant shall be informed of the terms of this article at the time of imposition of sentence. Section 3. Said article is further amended by striking Code Section 42-8-62 in its entirety and substituting in lieu thereof a new Code Section 42-8-62 to read as follows: 42-8-62. Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. The discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. Should a person be placed under probation or in confinement under this article, a record of the same shall be forwarded to the Georgia Crime Information Center. Without request of the defendant a record of discharge and exoneration, as provided in this Code section, shall in every case be forwarded to the Georgia Crime Information Center. In every case in which the record of probation or confinement shall have been previously forwarded to the Department of Offender Rehabilitation, to the Georgia Crime Information Center, and to the Identification Division of the Federal Bureau of Investigation and a record of a subsequent discharge and exoneration of the defendant has not been forwarded as provided in this Code section, upon request of the defendant or his attorney or representative the record of the same shall be forwarded by the clerk of court so as to reflect the discharge and exoneration.

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Section 4. Said article is further amended by striking Code Section 42-8-65 in its entirety and inserting in lieu thereof a new Code Section 42-8-65 to read as follows: 42-8-65. (a) If otherwise allowable by law in any subsequent prosecution of the defendant for any other offense, a prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursuant to this article. Except as provided in subsection (b), the record of discharge shall be released solely to the Attorney General, a district attorney, a solicitor of a state court, the Department of Offender Rehabilitation, the office of a county probation system or of a state or county probation system of another state or of the United States, an office of the State Board of Pardons and Paroles, an office of the pardons and paroles division of another state or of the United States, or a prosecuting attorney of another state or of the United States, upon certification by such probation system or prosecuting attorney that there are pending in a court of competent jurisdiction criminal charges against any person discharged under this article. (b) Upon certification by the chief executive officer of any law enforcement agency of a pending criminal investigation and the need for the record of discharge of a named person to be released, the record of discharge of such person may be released to such law enforcement agency. For the purposes of this subsection, the term `law enforcement agency' means a governmental unit of one or more persons employed full time or part time by the state, a state agency or department, or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. Section 5. This Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1982.

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OPEN MEETINGS LAW AMENDED. Code Title 50, Chapter 14 Amended. No. 1504 (Senate Bill No. 683). AN ACT To amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to the conduct of meetings of state and local government departments, agencies, and authorities, so as to completely revise and supersede said chapter; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to the conduct of meetings of state and local government departments, agencies, and authorities, is amended by striking said chapter in its entirety and substituting in lieu thereof a new Chapter 14 of Title 50 to read as follows: CHAPTER 14 50-14-1. (a) As used in this chapter, the term: (1) 'Agency' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) The governing authority of every county, municipal corporation, school district, or other political subdivision of the state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; and (D) Every city, county, regional, or other authority established pursuant to the laws of this state.

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(2) `Meeting' means the gathering of a quorum of an agency, pursuant to schedule, call, or notice of or from the agency at a designated time or place, at which proposed official action is to be discussed or at which official action is to be taken. (b) Any provision of this or any other law to the contrary notwithstanding, the term `records' or `public records' means those documents and writings which are prepared and kept as written memorials of a final action taken by any agency. (c) All meetings of any agency at which proposed official action is to be discussed or at which official action is to be taken shall be open to the public at all times. No resolution, rule, regulation, ordinance, or other formal action of an agency shall be binding unless taken, made, or arrived at in compliance with this chapter. Any action contesting a resolution, rule, regulation, ordinance, or other formal action of an agency on the ground of noncompliance with this chapter must be commenced within 90 days of the date the resolution, rule, ordinance, or regulation was passed or the formal action was taken, provided that any action under this chapter contesting a zoning decision of a local governing authority shall be commenced within the time allowed by law for appeal of such zoning decision. (d) The public at all times shall be afforded access to meetings declared open to the public pursuant to subsection (c) of this Code section. Visual, sound, and visual and sound recording during open meetings shall be permitted. (e) Every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting. Whenever any scheduled, adjourned, or postponed meeting required to be open to the public is to be held at a time other than that regularly scheduled, or when any specially called meeting required to be open to the public is to be held, the agency shall give due notice thereof. A notice shall be sufficient if posted for a period of 24 hours at the place of regular meetings. When special circumstances occur and are so declared by an agency, that agency may hold a meeting with less than 24 hours' notice upon giving such notice as is reasonable under the circumstances, in which event the reason for holding the meeting within 24 hours and the nature of the notice given shall be recorded in the minutes.

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(f) The minutes of a meeting of any agency shall be promptly recorded and such records shall be open to public inspection. The superior courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this chapter, upon application by any citizen of this state. 50-14-2. (a) This chapter shall not be construed so as to repeal in any way: (1) The attorney-client privilege recognized by state law; and (2) Those tax matters which are otherwise made confidential by state law. (b) Where a meeting of an agency is devoted in part to matters within the exceptions set forth in this chapter, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and minutes of such portions not subject to any such exceptions shall be taken, recorded, and open to public inspection as provided in subsection (f) of Code Section 50-14-1. In addition, the minutes of any such meeting shall reflect the specific reason or reasons for any closure. 50-14-3. It shall be unlawful for any person who is a member of any agency to conduct any meeting not held in accordance with this chapter. Any person violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $100.00. 50-14-4. This chapter shall not apply to the following: (1) Staff meetings held for investigative purposes under duties or responsibilities imposed by law; (2) The deliberations and voting of the State Board of Pardons and Paroles; (3) Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state, including grand jury meetings;

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(4) Meetings when any agency is discussing the future acquisition of real estate; (5) Meetings of any committee of a public hospital when the committee is considering the grant of abortions under state law; (6) Meetings when: (A) Any agency is discussing the appointment, employment, disciplinary action, or dismissal of a public officer or employee; or (B) Any agency is hearing complaints or charges brought against a public officer or employee unless he requests a public meeting; and (7) Adoptions and proceedings related thereto. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1982. GEORGIA RESIDENTIAL FINANCE AUTHORITY ACT AMENDED. Code Title 8, Chapter 3 Amended. No. 1505 (Senate Bill No. 728). AN ACT To amend an Act known as the Georgia Residential Finance Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, so as to change the membership of the authority; to provide

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for legislative intent; to create the Georgia Secondary Market Corporation; to define certain terms; to provide that all of the corporate powers, duties, and functions of the corporation shall be exercised by a board of directors; to provide for a board of directors; to provide for an executive director who shall be the chief administrative officer of the corporation; to authorize the board to create other offices as it deems necessary for the operation of the corporation and to appoint qualified persons to fill such offices; to provide that persons appointed by the board to fill such offices shall perform such executive functions, powers, and duties as may be prescribed by the board; to authorize the corporation to employ technical experts and other technical personnel; to provide that certain personnel employed by the corporation may also be simultaneously employed by the Georgia Residential Finance Authority; to provide for the division and payment of salaries and expenses associated with any officer or employee simultaneously employed by the corporation and the authority; to provide for the preparation of an annual budget by the chief administrative officer; to provide that the board shall authorize the guarantee or sale of obligations or securities and shall approve other major contractual agreements; to provide for the general powers of the corporation; to authorize the corporation to guarantee the timely payment of principal and interest of certain securities; to provide that guarantees by the corporation shall not constitute a debt or obligation of the State of Georgia or any agency or instrumentality thereof other than the corporation; to provide that a mortgage lender shall be eligible to issue and service mortgage-backed securities guaranteed by the corporation if such mortgage lender qualifies as an eligible issuer; to provide for the qualifications a mortgage lender must meet to become an eligible issuer; to provide for certain duties by the corporation in the event that a mortgage lender which is qualified as an eligible issuer fails to meet certain requirements; to provide for the issuance of straight pass-through securities and modified pass-through securities; to provide for the minimum face amount of each issue of guaranteed securities; to provide for the transferability of securities; to provide that each issue of guaranteed securities must be backed by a separate pool of mortgages which meet certain requirements; to provide that the corporation shall not guarantee securities if the pool arrangement proposed by the issuer does not satisfactorily meet certain requirements; to provide that the issuer shall maintain fidelity bond coverage that assures the faithful performance of the fiduciary responsibilities of the issuer; to provide for guarantees by the corporation with respect to straight pass-through securities; to provide that the corporation shall establish a schedule of application

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and guarantee fees and alter the schedule of fees as it reasonably deems appropriate; to provide that the proceeds of fees shall be applied to defray the operating expenses of the corporation; to provide that any remaining proceeds shall be deposited in the Guarantee Reserve Fund; to provide that when the Guarantee Reserve Fund or the Minimum Guarantee Reserve Fund requirement is sufficiently funded, the additional proceeds shall be applied to purchase outstanding mortgage capital certificates; to provide that securities guaranteed by the corporation shall be legal investments; to provide that the corporation may issue obligations, Mortgage Capital Certificates, to enable the corporation to carry out its functions; to authorize the corporation to purchase any of its mortgage capital certificates outstanding at any time and at any price; to provide for certain pledges and agreements by the state with the holders of any mortgage capital certificates; to provide that no guarantee by the corporation or mortgage capital certificate issued by the corporation shall be deemed to constitute a debt or liability of the state or any political subdivision of the state and shall not directly or indirectly or contingently obligate the state or any political subdivision of the state to levy or to pledge any form of taxation or to make any appropriation for the payment of such securities; to provide that nothing shall be construed to prevent the corporation from pledging its full faith and credit; to provide that certain proceeds shall be used for the operating costs of the corporation, payments into the Guarantee Reserve Fund, and other expenses; to provide that the corporation shall create and establish the Georgia Secondary Market Fund; to provide that the corporation shall create and establish a special account in the Georgia Secondary Market Fund which shall be known as the Guarantee Reserve Fund and pay certain proceeds and moneys into the fund; to provide that all moneys in the Guarantee Reserve Fund, with certain exceptions, shall be used for the payment of principal and interest on certain securities guaranteed by the corporation; to provide that for each issue of securities guaranteed by the corporation, the corporation shall determine according to sound actuarial and business practices the amount by which the Guarantee Reserve Fund shall be increased to ensure the continued payment of principal and interest on such securities in the event of default by the issuer; to provide that moneys of the corporation not invested in operating facilities shall be kept in cash on hand or on deposit or shall be lawfully invested; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Georgia Residential Finance Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, is amended by striking subsection (a) of Section 5 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Authority shall be composed of 11 members as follows: (1) the Governor, or in the event he is unable to attend a meeting, the Director of the Office of Planning and Budget; (2) the Director of the Financing and Investment Division of the Georgia State Financing and Investment Commission; (3) the Commissioner of the State Department of Community Affairs; and (4) eight public members. No more than two public members shall be residents of the same congressional district. At least two of the public members appointed by the Governor shall reside outside of the Standard Metropolitan Statistical Areas of the State. One of the public members shall be an active family farmer. Two of the public members shall be affiliated with eligible issuers of the mortgage-backed securities as defined in Section 14 of the `Georgia Secondary Market Corporation Act.' Public members shall serve for four-year terms, except as otherwise provided by law. Such public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term. The public members of the Georgia Residential Finance Authority shall be subject to the code of ethics covering members of boards, commissions and Authorities heretofore adopted (Ga. Laws 1976, p. 344) and shall be subject to removal for violation thereof in the same manner (Ga. Laws 1976, p. 344). Any vacancy created by any such removal for cause shall be filled by the Governor. The Authority shall elect a Chairman who shall be chief executive officer of the Authority, and a Secretary. The members of

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the Authority may appoint an Executive Director, who shall be a person experienced in mortgage lending, home building or real estate development. The Executive Director shall become an ex officio nonvoting member of the Authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the Authority. A majority of members then in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the Authority. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Except for the issuance of debt, the Authority may delegate to one or more of its members, the Executive Director, agent or agents, or employees such power and duties as it may deem proper. The public members of the Authority shall be compensated in the amount of $44 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority; provided, however, such compensation shall be limited to 30 days during any one fiscal year, unless one of the public members is elected Chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reimbursed for actual expenses incurred in the performance of their duties under this Act. Section 2. Said Act is further amended by adding a new subsection (e) at the end of Section 5 to read as follows: (e) (1) The authority shall maintain a system of accounts in accordance with generally acceptable accounting procedures and standard accounting procedures and systems established by the state, where applicable. (2) Funds derived from the operation of the authority shall not be liable for any deficit, default, or failure of the Georgia Secondary Market Corporation. Securities issued by the Georgia Secondary Market Corporation are payable solely from the funds provided for in the `Georgia Secondary Market Corporation Act' and shall not constitute a debt or obligation to the authority. (3) Personnel employed by the authority may be simultaneously employed by the Georgia Secondary Market Corporation; provided, however, any such personnel simultaneously employed shall properly allocate their individual salaries and expenses between the authority and the Georgia Secondary Market Corporation.

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Section 3. This Act shall be known and may be cited as the Georgia Secondary Market Corporation Act. Section 4. (a) The General Assembly finds and declares that historically, Georgia has been a state in which the need for residential mortgage funds has greatly exceeded the supply of such funds within the state. A substantial portion of this deficit has been met in the past by the sale by Georgia institutional lenders of residential mortgages to out-of-state sources, including federal mortgage finance agencies, out-of-state institutional loan buyers, and the public capital markets. In recent years, increasingly high interest rates have created an acute shortage of mortgage funds from these traditional sources. This shortage is inimical to the safety, health, and welfare of the residents of this state and the sound growth of its communities. In order to supply the need in Georgia for residential mortgage funds, it is necessary to implement a public program to make Georgia residential mortgages more salable to sources of capital. (b) The General Assembly declares that the purposes of this Act are to establish secondary market facilities for home mortgages, to provide that the operations thereof shall be financed by private capital to the maximum extent feasible, and to authorize such facilities to provide supplementary assistance to the secondary market for home mortgages by providing a degree of liquidity for mortgage investments, thereby improving the distribution of investment capital available for home mortgage financing; and to provide assistance for the financing of home mortgages as a means of retarding or stopping a decline in mortgage lending and home building activities which materially threatens the stability of a high level state economy. Section 5. As used in this Act, the term: (1) Board means the board of directors of the corporation. (2) Corporation means the Georgia Secondary Market Corporation. (3) Custodial agent means a bank or trust company having trust powers having a place of business in Georgia and authorized to do business in Georgia and designated as such by the corporation.

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(4) Default means default by an issuer of payment of a security or performance of any of its obligations under a guarantee. (5) Eligible issuer or issuer means a mortgage lender qualifying as an eligible issuer as provided in Section 19. (6) Guarantee means a guarantee of the corporation regarding securities entered into pursuant to Section 13. (7) Mortgage means a mortgage, deed of trust, or deed to secure debt covering a fee simple estate which is accompanied by a promissory note, the holder of which is a mortgage lender. (8) Mortgage capital certificates means the obligations of the authority issued pursuant to Section 23 hereof. (9) Mortgage lender means any bank or trust company, savings and loan association, savings bank, insurance company, or mortgage banker or mortgage broker authorized to deal in mortgages. Such mortgage lender shall have a place of business in Georgia and shall be authorized to do business in Georgia. (10) Mortgage pool or pool means a pool of mortgages meeting, to the satisfaction of the corporation, the requirements of Sections 16 and 17 exclusively pledged by an issuer for the payment of securities. (11) Securities means the straight pass-through securities and modified pass-through securities described in subsection (a) of Section 16 issued by issuers and secured by a mortgage. Section 6. There is created the Georgia Secondary Market Corporation. The corporation shall be an instrumentality of the State of Georgia and a public corporation, and the exercise of the powers conferred by this Act shall be deemed and held to be the performance of an essential public function. Section 7. (a) The corporation shall be governed and all of its corporate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of 11 members, who shall be the same persons who are serving and who shall serve as members of the Georgia Residential Finance Authority pursuant to

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Section 5 of the Georgia Residential Finance Authority Act. The executive director of the corporation, or president, if designated by such title by the board of directors, shall be an ex officio nonvoting member of the board of directors. (b) The provisions of subsection (a) of Section 3 and Section 5 of the Georgia Residential Finance Authority Act pertaining to the authority are incorporated by reference into this subsection and shall apply to the board of directors in the same manner as it fully sets out, with conformable language, in this subsection. The board of directors shall organize and conduct its affairs in accordance with such provisions of law; provided, however: (1) That nothing in this subsection shall be construed to mean that the board of directors must elect the same persons to serve as officers of the board of directors as are elected by the board of directors of the authority to serve as officers of the board of directors of the authority; (2) That no person serving as a public member of the authority and thereby as a director of the corporation shall receive more than one day's per diem, plus actual expenses incurred, for one day's service or portion thereof rendered to the state; and (3) That the limitation as to the number of days during any fiscal year that a per diem may be paid to a public member of the authority shall be exclusive of services rendered by such person as a director of the corporation. (c) The Attorney General shall provide legal services for the corporation and in connection therewith the provisions of an Act providing that the Attorney General shall be vested with authority and jurisdiction in matters of law relating to state authorities, approved April 17, 1969 (Ga. L. 1969, p. 484), shall be fully applicable. Section 8. (a) The board of directors shall appoint an executive director, or president, if designated by such title by the board of directors, who shall be the chief administrative officer of the corporation and serve at the pleasure of the board. (b) The board shall create any other offices within the corporation as it deems necessary for the operation of the corporation and shall appoint qualified persons to fill any such offices created.

Page 1821

(c) Persons appointed under subsections (a) and (b) shall perform such executive functions, powers, and duties as may be prescribed by the board under regulations and bylaws and shall be considered executive officers of the corporation. (d) The corporation may also employ technical experts and other personnel as is necessary for the conduct of business of the corporation. (e) The executive director, officers, and other personnel authorized to be employed by the corporation in this section, may also be simultaneously employed by the Georgia Residential Finance Authority; provided, however, that the salaries and expenses associated with any officer or employee simultaneously employed by the corporation and the authority must be properly allocated between the corporation and the Georgia Residential Finance Authority. Section 9. The chief administrative officer shall prepare an annual budget at least 90 days prior to the close of the fiscal year, pursuant to his activities under this Act. The chairperson shall then present it for adoption to the board of directors. Section 10. The board shall authorize the guarantee or sale of obligations or securities and shall approve other major contractual agreements. Any other contractual agreements or debt obligations may be approved by the chief administrative officer pursuant to regulations of the board. Section 11. (a) The corporation shall have power: (1) To adopt, alter, and use a corporate seal, which shall be judicially noticed; (2) To enter into and perform contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this Act on such terms as it may deem appropriate, with the Georgia Residential Finance Authority, any government agency, or with any person, firm, association, or corporation; (3) To execute, in accordance with its bylaws, all instruments necessary or appropriate in the exercise of any of its powers;

Page 1822

(4) To sue and to be sued in its corporate name and to complain and defend in any state or federal court of competent jurisdiction, but no attachment, injunction, or other similar process shall be issued against the property of the corporation or against the corporation with respect to its property; (5) To lease, purchase, or acquire any property, and to sell, for cash or credit, lease, or otherwise dispose of the same, at such time and in such manner as and to the extent that it may deem necessary or appropriate to procure insurance against any loss in connection with its property and other assets, in such amounts and from such insurers as it deems desirable; (6) To borrow money and issue and guarantee payment of principal and interest on securities as provided in this Act; (7) To prescribe, repeal, and amend or modify rules, regulations, bylaws, or requirements governing the manner in which its general business may be conducted; (8) To accept gifts or donations of services, or of property, real, personal, or mixed, tangible or intangible, in aid of any of its purposes; (9) To borrow funds from the Georgia Residential Finance Authority for the purpose of beginning operations, such loans to be made at competitive rates of interest and repaid from funds available for general corporate purposes; and (10) To do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business. (b) The corporation shall have the power to select and appoint or employ such officers, employees, and agents, to vest them with such powers and duties, and to fix such compensation to them for their services, as it may determine; and any such action shall be without regard to the state civil service and classification laws. Appointments, promotions, and separations so made shall be based on merit and efficiency, and no political tests or qualification shall be permitted or given consideration.

Page 1823

Section 12. The exercise of the powers specified in this Act will be in all respects for the benefit of the people of the state, for their well-being and prosperity, and for the improvement of their socioeconomic conditions, and the corporation shall not be required to pay any tax or assessment on any property owned by the corporation under the provisions of this Act or upon the income therefrom. Section 13. (a) The corporation is authorized to guarantee the timely payment of principal and interest on such securities as shall be based on and backed by a pool composed of mortgages meeting the requirements of Section 16 of this Act. In the event the issuer is unable to make any payment of principal or of interest on any security guaranteed under this section, the corporation shall make such payment as and when due in cash, and thereupon shall be subrogated fully to the rights satisfied by such payment. (b) Any other laws to the contrary notwithstanding, the corporation is empowered in connection with any guarantee under this section, whether before or after any default, to provide by contract with the issuer for the extinguishment, upon default by the issuer, of any redemption, equitable or legal, or other right, title, or interest of the issuer in any mortgage or mortgages constituting the pool against which the guaranteed securities are issued and for the transfer of such mortgage or mortgages to the corporation as the absolute property of the corporation subject only to unsatisfied rights therein of the holders of the securities. (c) The guarantee provided under this section shall not constitute a debt or obligation of the State of Georgia or any agency or instrumentality thereof other than the corporation. Section 14. (a) A mortgage lender shall be eligible to issue and service mortgage-backed securities guaranteed by the corporation if such mortgage lender qualifies as an eligible issuer. In order to qualify as an eligible issuer, a mortgage lender must: (1) Have adequate experience, management capability, and facilities to issue and service mortgage-backed securities, as determined by the corporation; (2) Be authorized to do business in the State of Georgia;

Page 1824

(3) Own at all times, except as may otherwise be provided in Section 21, mortgage capital certificates issued pursuant to Section 23 with a total face amount equal to a minimum amount fixed by the corporation; and (4) Meet the requirements, conditions, and limitations which may be imposed by the bylaws or regulations of the corporation. (b) The corporation shall not make a commitment to guarantee, or guarantee, pursuant to a commitment or otherwise, any issue of mortgage-backed securities unless the mortgage lender requesting such commitment or guarantee then qualifies as an eligible issuer. (c) A mortgage lender shall not qualify as an eligible issuer at any time in which the lending policies of the issuer permit any discrimination based on race, religion, color, national origin, age, or sex of a borrower. (d) A mortgage lender shall qualify as an eligible issuer only so long as it conducts its business operations in accordance with accepted mortgage-lending practices, ethics, and standards, as determined by the corporation, and shall maintain its books and records in accordance with generally accepted accounting principles. (e) In the event that a mortgage lender which is qualified as an eligible issuer should subsequently fail to comply with any of the requirements prescribed in this section, the corporation may withhold further commitments to guarantee securities until such time as the corporation is satisfied that the mortgage lender has resumed business operations in compliance with such requirements. (f) If any issuer, subsequent to the issuance of securities guaranteed by the corporation, should fail in a material way to be in compliance with any of the requirements prescribed in this section or in the guarantee agreement, the corporation may bring proceedings to disqualify such issuer, in accordance with the following procedure: The corporation shall serve the issuer, by hand delivery or by certified or registered mail, with a written notice stating the facts incident to such failure and setting forth such affirmative requirements as the corporation may consider necessary to correct such failure in accordance with such procedures as may be set forth in the guarantee agreement.

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Section 15. (a) Securities to be issued pursuant to the provisions of this section may, at the option of the issuer, be of one of the following types, but only one of such types may be issued against any single pool of mortgages: (1) Straight pass-through securities, which provide for the payment by the issuer to the holders of a proportionate share of the proceeds of principal and interest, as collected, on account of a pool of mortgages, less servicing fees and other specified costs approved by the corporation; and (2) Modified pass-through securities, which provide for such payment, whether or not collected, of both specified principal installments and a rate of interest on the unpaid principal balance, with all prepayments being passed through to the holder. (b) In the case of delinquent mortgages in a pool backing modified pass-through securities, the issuer is required to make advances if necessary to maintain the specified schedule of interest and principal payments to the holders, or at its option, at any time 90 days or more after default of any such mortgage, the issuer may repurchase such mortgage. (c) Both straight pass-through and modified pass-through securities must specify the dates on which payments are to be made to the holders thereof, and must indicate the accounting period for collections on the pool's mortgages relating to each such payment, and the securities must also specify a date on which the entire principal to be collected will have been paid or will be payable. (d) Each issue of securities must be in a minimum face amount of $1 million, provided that in the case of modified pass-through securities based on and backed by mortgages on mobile homes said minimum face amount is $400,000.00. The total face amount of any issue of securities cannot exceed the aggregate unpaid principal balances of the mortgages in the pool. (e) The face amount of any security cannot be less than $25,000.00. (f) Securities are transferable, but the share of the proceeds collected on account of the pool of mortgages may not be payable to more than one holder with respect to any security.

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(g) The mortgages comprising a particular pool are not required to have been originated by the same mortgage lender, so long as all such mortgages are originated by eligible issuers. Section 16. (a) Each issue of securities must be backed by a separate pool of mortgages which: (1) Are covered by policies of title insurance, hazard insurance, and other types of insurance prescribed in regulations issued by the corporation; and (2) Meet such other standards of acceptability as may be prescribed by the corporation. (b) Any mortgage within a pool shall be replaced or repurchased by the issuer if found defective by the corporation at any time prior to four months after the date on which the corporation issues its guarantee of the securities, and the documents pertaining to said guarantee shall so provide. Section 17. The corporation will not guarantee securities if the pool proposed by the issuer does not satisfactorily provide for: (1) Servicing of the mortgages in the pool; (2) Timely payment of principal and interest, in accordance with the terms of the securities; (3) Notification to the corporation of an impending default, on the part of the issuer, in adequate time for the corporation to make timely payments on the securities; (4) Delivery to a designated custodial agent satisfactory to the corporation of the mortgage notes or other evidence of indebtedness secured by the mortgages in the pool and protection of the corporation interest in all assets in the pool as collateral for its guarantee; and (5) All mortgages within a pool carry the same mortgage interest rate. Section 18. The issuer shall maintain fidelity bond coverage acceptable and payable to the corporation that assures the faithful performance of the fiduciary responsibilities of the issuer.

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Section 19. (a) With respect to straight pass-through securities, the corporation may guarantee the timely payment to the securityholder of the proceeds of principal and interest, as collected, as undertaken in the corporation's guarantee appearing on the face of the security. With respect to modified pass-through securities, the corporation may guarantee the timely payment, whether or not collected, of the fixed rate of interest on the outstanding balance and the specified principal installments, as undertaken in the corporation's guarantee appearing on the face of the security. As to straight pass-through securities, any failure or inability of the issuer to make payments as due to the holders of the securities from the proceeds from the pool of mortgages which have been collected, or because of failure to make collections under reasonable and accepted standards of mortgage servicing, shall constitute a default of the issuer. As to modified pass-through securities, any failure or inability of the issuer to make fixed or other payments as due as well as such other failures as may be identified by the corporation and included in the guarantee agreement, shall be deemed such a default. (b) Upon any default by the issuer and payment under its guarantee by the corporation, or any failure of the issuer to comply with the terms of the guarantee agreement, the corporation may institute a claim against the issuer's fidelity bond, or may pursuant to Section 13, extinguish all the right, title, or other interest of the issuer and make the mortgages the absolute property of the corporation subject only to unsatisfied rights therein of the holders of the securities, or the corporation may do both. Section 20. The corporation shall establish a schedule of application and guarantee fees, which may vary for straight pass-through and modified pass-through issuances, and of such fees as it may determine to be reasonable for the analysis of any trust or other security arrangement proposed by the issuer. The corporation may alter the schedule of fees as it reasonably deems appropriate. To assure that to the maximum extent and as rapidly as possible the corporation will become self-supporting, the schedule of fees should be established according to sound business practices such that the proceeds of such fees are sufficient to fund the corporation's total operating expenses, the guarantee of payment of principal and interest on securities issued pursuant to this Act, and the repurchase and retirement of outstanding mortgage capital certificates.

Page 1828

Section 21. Proceeds of fees charged under Section 20 shall be applied to defray the operating expenses of the corporation. Remaining proceeds shall be deposited in the Guarantee Reserve Fund established pursuant to Section 28 of this Act. When the amount of the Guarantee Reserve Fund equals or exceeds $5 million, or the Minimum Guarantee Reserve Fund Requirement as defined in Section 29 is sufficiently funded, whichever is greater, the additional proceeds of fees shall be applied to the purchase of outstanding mortgage capital certificates. Section 22. The securities and mortgage capital certificates guaranteed by the corporation pursuant to this Act shall be legal investments in which all public officers and public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all public and private pension or retirement funds, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking institutions, including savings and loan associations, building and loan associations, trust companies, savings banks and savings associations, investment companies, and other persons carrying on a banking business, credit unions, industrial loan companies, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The securities and mortgage capital certificates guaranteed by the corporation pursuant to this Act may be used by any such private financial institution, person, or association as security for public deposits. The securities and mortgage capital certificates guaranteed by the corporation pursuant to this Act are also made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law, including deposits to secure public funds. Section 23. (a) The corporation may issue obligations, mortgage capital certificates, from time to time in an amount outstanding at any one time sufficient to enable the corporation to carry out its functions under this Act.

Page 1829

(b) Mortgage capital certificates shall mature not more than 20 years from their respective dates of issue, to be redeemable before maturity at the option of the corporation at such price or prices as may be determined by the corporation. The corporation is authorized to purchase any of its mortgage capital certificates outstanding under this section at any time and at any price. (c) Mortgage capital certificates of each issue shall be dated, bear interest at such rate, and shall have such other terms and conditions as may be determined by the corporation. (d) The corporation shall determine the form of the mortgage capital certificates, including any interest coupons to be attached thereto, and shall fix the denomination or denominations and the place or places and medium of payment of principal and interest thereof. (e) All mortgage capital certificates shall be executed in the name of the corporation by the chairman and secretary of the corporation and shall be sealed with the official seal of the corporation or a facsimile thereof. Coupons shall be executed in the name of the corporation by the chairman of the corporation. The facsimile signature of either the chairman or the secretary of the corporation may be imprinted in lieu of the manual signature if the corporation so directs and the facsimile of the chairman's signature shall be used on coupons. Mortgage capital certificates and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time the signature was signed or imprinted shall be fully valid notwithstanding the fact that before or after the delivery thereof such person ceased to hold such office. The corporation also may provide for the authentication of mortgage capital certificates by a trustee or fiscal agent. (f) All mortgage capital certificates shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the state including the Uniform Commercial Code. (g) The mortgage capital certificates may be issued in coupon or in registered form, or both, as the corporation may determine, and provision may be made for the registration of any coupon mortgage capital certificate as to principal alone and also as to both principal and interest.

Page 1830

(h) The corporation may sell such bonds at public or private sale in such manner and for such price as it may determine to be for the best interests of the corporation. (i) Prior to the preparation of definitive mortgage capital certificates, the corporation may issue interim receipts, interim certificates, or temporary mortgage capital certificates exchangeable for definitive mortgage capital certificates upon the issuance of the latter. The corporation may also provide for the replacement of any mortgage capital certificate which shall become mutilated or destroyed or lost. Such mortgage capital certificates may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. (j) The corporation is authorized to provide by resolution for the issuance of refunding mortgage capital certificates of the corporation for the purpose of refunding any mortgage capital certificates issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such refunding mortgage capital certificates and all other details thereof, the rights of the holders thereof, and the duties of the corporation in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. (k) Any resolution providing for the issuance of mortgage capital certificates under the provisions of this Act shall become effective immediately upon its adoption by a majority vote of the board and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the corporation by a majority of the board. (l) All mortgage capital certificates shall be executed, confirmed, and validated under, and in accordance with, an Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, except as otherwise provided in this Act. The venue for all validation proceedings pursuant to this Act shall be Fulton County, and the Superior Court of Fulton County shall have exclusive trial court jurisdiction over such proceedings. Mortgage capital certificates issued shall have a certificate of validating bearing the facsimile signature of the clerk of the Fulton County Superior Court stating the date on which said bonds were validated and such entry shall be original evidence of the fact of judgment and shall be received as

Page 1831

original evidence in any court in this state. The corporation shall reimburse the district attorney for his actual costs associated with the bond validation proceedings, if any. The fees payable to the clerk of the Fulton County Superior Court for validation and confirmation shall be as follows for each certificate, regardless of the denomination of such certificate: $1.00 each for the first 100 certificates, 25 for each of the next 400 certificates, and 10 each for each such certificate over 500. Section 24. The state pledges to and agrees with the holders of any mortgage capital certificates issued under this Act that the state will not limit or alter in any way materially detrimental to the portion of such holders the powers of the corporation to fulfill the terms of any agreements made with the holders thereof or in any way materially impair the rights and remedies of such holders until such mortgage capital certificates, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The corporation is authorized to include this pledge and agreement of the state in any agreement with the holders of such mortgage capital certificates. Section 25. (a) No guarantee issued by the corporation under the provisions of this Act or mortgage capital certificate issued under the provisions of this Act shall be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the corporation, or a pledge of the faith and credit of the state or of any such political subdivision, other than the corporation, but shall be payable solely from funds herein provided therefor. All such mortgage capital certificates and securities evidencing the corporation's guarantees and any prospectus or other printed representation of the corporation concerning such mortgage capital certificates or guarantees shall contain on the face thereof a statement to the following effect: Neither the faith and credit or the taxing power of the State of Georgia is pledged to the payment of the principal of or interest on this security. (b) The issuance of mortgage capital certificates and guarantees by the corporation shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment.

Page 1832

(c) Nothing contained in this section shall prevent or be construed to prevent the corporation from pledging its full faith and credit to the payment of mortgage capital certificates or guarantees or to issue the mortgage capital certificates or guarantees authorized pursuant to this Act. Section 26. Proceeds derived from the issuance of mortgage capital certificates and any interest or other increment derived from the investment thereof may be used for any of the purposes of the corporation, including, but not limited to, operating costs, payments into the Guarantee Reserve Fund, and other expenses. Section 27. (a) The corporation shall create and establish the Georgia Secondary Market Fund; provided, further, the corporation shall create and establish a special account in the Georgia Secondary Market Fund, which shall be known as the Guarantee Reserve Fund and shall pay into the Guarantee Reserve Fund: (1) Any proceeds from the sale of mortgage capital certificates to the extent such proceeds are not applied to the corporation's operating costs; (2) Moneys charged as fees by the corporation under Section 20 to the extent such moneys are not applied to the corporation's operating costs; and (3) Any other moneys which the corporation may make available for the purpose of the Guarantee Reserve Fund from any other source or sources; provided, however, that payments into the Guarantee Reserve Fund are not required by this section whenever the amount of the Guarantee Reserve Fund equals or exceeds the Minimum Guarantee Reserve Fund Requirement. (b) All moneys held in the Guarantee Reserve Fund, except as otherwise provided in this section, shall be used, as required, solely for the payment of principal and interest on securities guaranteed by the corporation pursuant to this Act. Any income or interest earned by, or increment to the Guarantee Reserve Fund due to the investment thereof may be transferred by the corporation to other funds or accounts of the corporation to the extent such transfer does not reduce the amount of the Guarantee Reserve Fund below the Minimum Guarantee Reserve Fund Requirement.

Page 1833

(c) In computing the amount of the Guarantee Reserve Fund for purposes of this section, securities in which all or a portion of the Guarantee Reserve Fund is invested shall be valued at par if purchased at par and shall be valued at amortized value, as such term is defined by resolution of the corporation, if purchased at other than par. Section 28. (a) For each issue of securities guaranteed by the corporation pursuant to this Act, the corporation shall determine according to sound actuarial and business practices the amount, if any, by which the Guarantee Reserve Fund should be increased to ensure the continued payment of principal and interest on such securities in the event of default by the issuer. This amount shall be set forth in the resolution or resolutions of the corporation authorizing the guarantee of such issue of securities. As of any particular date of computation, the total of such amounts for all outstanding securities guaranteed by the corporation shall be the Minimum Guarantee Reserve Fund Requirement. (b) The corporation shall not at any time guarantee the payment of principal and interest on securities issued pursuant to this Act if, upon issuance of the securities, the amount in the Guarantee Reserve Fund will be less than the Minimum Guarantee Reserve Fund Requirement. Section 29. The corporation shall create and establish such other accounts in the Georgia Secondary Market Fund as it may deem necessary or desirable. Section 30. Moneys of the corporation not invested in operating facilities shall be kept in cash on hand or on deposit or invested in obligations, participations, or other instruments which are lawful investments for fiduciary, trust, or public funds. Part 2 Section 31. Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the residential finance authority, is amended by striking the article designation and substituting in lieu thereof the following:

Page 1834

ARTICLE 3 Part 1 Section 32. Said article is further amended by striking the words this article wherever the same shall appear in Code Sections 8-3-170, 8-3-171, 8-3-172, 8-3-174, 8-3-176, 8-3-178, 8-3-179, 8-3-180, 8-3-181, 8-3-182, 8-3-183, 8-3-184, and 8-3-186 in their entirety and inserting in lieu thereof the words this part. Section 33. Said article is further amended by striking Code Section 8-3-174 in its entirety and substituting in lieu thereof a new Code Section 8-3-174 to read as follows: 8-3-174. (a) The authority shall be composed of 11 members, as follows: (1) The Governor, or in the event he is unable to attend a meeting, the director of the Office of Planning and Budget; (2) The director of the Financing and Investment Division of the Georgia State Financing and Investment Commission; (3) The commissioner of community affairs; and (4) Eight public members to be appointed by the Governor. (b) No more than two public members shall be residents of the same congressional district. At least two of the public members shall reside outside of the standard metropolitan statistical areas of the state. One of the public members shall be an active family farmer. Two of the public members shall be affiliated with eligible issuers of the mortgage-backed securities as defined in Code Section 8-3-192.1. Public members shall serve four-year terms, except as otherwise provided by law. Public members shall continue in office until their successors have been appointed and have qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term. The public members shall be subject to the code of ethics covering members of boards, commissions, and authorities as contained in Code Sections 45-10-3 through 45-10-5 and shall be subject to removal for violation of that code of ethics as provided in those Code sections. Any vacancy created by any such removal for cause shall be filled by the Governor.

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(c) The authority shall elect a chairman and a secretary. A majority of members in office shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the authority. No vacancy in the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (d) The members of the authority may appoint an executive director, who shall be the chief administrative officer of the authority and who shall be a person experienced in mortgage lending, home building, or real estate development. The executive director shall be an ex officio nonvoting member of the authority. The members shall employ such technical and other personnel as may be necessary to the performance of the powers and duties of the authority. (e) Except for the issuance of debt, the authority may delegate to one or more of its members, to the executive director, or to any agent or employee such powers and duties as it may deem proper. (f) The public members of the authority shall be compensated in the amount of $44.00 per day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the authority, provided that such compensation shall be limited to 30 days during any one fiscal year unless one of the public members is elected chairman, in which event such compensation shall be limited to 100 days during any one fiscal year. The permanent members shall be reimbursed for actual expenses incurred in the performance of their duties under this part. Section 34. Said article is further amended by adding a new subsection (d) at the end of Code Section 8-3-175 to read as follows: (d) (1) The authority shall maintain a system of accounts in accordance with generally acceptable accounting procedures and standard accounting procedures and systems established by the state, where applicable. (2) Funds derived from the operation of the authority shall not be liable for any deficit, default, or failure of the Georgia Secondary Market Corporation. Securities issued by the Georgia Secondary Market Corporation are payable solely from the funds provided for in Part 2 of Article 3 and shall not constitute a debt or obligation to the authority.

Page 1836

(3) Personnel employed by the authority may be simultaneously employed by the Georgia Secondary Market Corporation; provided, however, any such personnel simultaneously employed shall properly allocate their individual salaries and expenses between the authority and the Georgia Secondary Market Corporation. Section 35. Said article is further amended by renumbering paragraph (25) of Code Section 8-3-176 as paragraph (27) and by adding two new paragraphs at the end of said Code section, to be numbered paragraphs (25) and (26), to read as follows: (25) To loan funds to the Georgia Secondary Market Corporation for the purpose of allowing said corporation to begin operations, such loans to be made at competitive rates of interest and repaid by said corporation from whatever funds become available to said corporation for general corporate purposes; (26) To enter into contracts, leases, or agreements with the board of directors of the Georgia Secondary Market Corporation which are necessary to allow the authority to provide personnel services, office space, computer services, equipment, materials, and any other services for the Georgia Secondary Market Corporation as the authority deems desirable;. Section 36. Said article is further amended by adding a new Part 2 immediately following Part 1 to read as follows: Part 2 Subpart 1 8-3-190. This part shall be known and may be cited as the `Georgia Secondary Market Corporation Act.' 8-3-190.1. (a) The General Assembly finds and declares that historically, Georgia has been a state in which the need for residential mortgage funds has greatly exceeded the supply of such funds within the state. A substantial portion of this deficit has been met in the past by the sale by Georgia institutional lenders of residential mortgages to out-of-state sources, including federal mortgage finance agencies, out-of-state institutional loan buyers, and the public capital markets. In recent years, increasingly high interest rates have created an acute shortage of mortgage funds from these traditional sources.

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This shortage is inimical to the safety, health, and welfare of the residents of this state and the sound growth of its communities. In order to supply the need in Georgia for residential mortgage funds, it is necessary to implement a public program to make Georgia residential mortgages more salable to sources of capital. (b) The General Assembly declares that the purposes of this part are to establish secondary market facilities for home mortgages, to provide that the operations thereof shall be financed by private capital to the maximum extent feasible, and to authorize such facilities to provide supplementary assistance to the secondary market for home mortgages by providing a degree of liquidity for mortgage investments, thereby improving the distribution of investment capital available for home mortgage financing; and to provide assistance for the financing of home mortgages as a means of retarding or stopping a decline in mortgage lending and home building activities which materially threatens the stability of a high level state economy. 8-3-190.2. As used in this part, the term: (1) `Board' means the board of directors of the corporation. (2) `Corporation' means the Georgia Secondary Market Corporation. (3) `Custodial agent' means a bank or trust company having trust powers having a place of business in Georgia and authorized to do business in Georgia and designated as such by the corporation. (4) `Default' means default by an issuer of payment of a security or performance of any of its obligations under a guarantee. (5) `Eligible issuer' or `issuer' means a mortgage lender qualifying as an `eligible issuer' as provided in Code Section 8-3-192.6. (6) `Guarantee' means a guarantee of the corporation regarding securities entered into pursuant to Code Section 8-3-192.

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(7) `Mortgage' means a mortgage, deed of trust, or deed to secure debt covering a fee simple estate which is accompanied by a promissory note, the holder of which is a mortgage lender. (8) `Mortgage capital certificates' means the obligations of the authority issued pursuant to Code Section 8-3-193 hereof. (9) `Mortgage lender' means any bank or trust company, savings and loan association, savings bank, insurance company, or mortgage banker or mortgage broker authorized to deal in mortgages. Such mortgage lender shall have a place of business in Georgia and shall be authorized to do business in Georgia. (10) `Mortgage pool' or `pool' means a pool of mortgages meeting, to the satisfaction of the corporation, the requirements of Code Sections 8-3-192.3 and 8-3-192.4 exclusively pledged by an issuer for the payment of securities. (11) `Securities' means the straight pass-through securities and modified pass-through securities described in subsection (a) of Code Section 8-3-192.3 issued by issuers and secured by a mortgage. Subpart 2 8-3-191. There is created the Georgia Secondary Market Corporation. The corporation shall be an instrumentality of the State of Georgia and a public corporation, and the exercise of the powers conferred by this part shall be deemed and held to be the performance of an essential public function. 8-3-191.1. (a) The corporation shall be governed and all of its corporate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of 11 members, who shall be the same persons who are serving and who shall serve as members of the Georgia Residential Finance Authority pursuant to Code Section 8-3-174. The executive director of the corporation, or president, if designated by such title by the board of directors, shall be an ex officio nonvoting member of the board of directors. (b) The provisions of Code Section 8-3-174 pertaining to the authority are incorporated by reference into this subsection and shall apply to the board of directors in the same manner as it fully sets out,

Page 1839

with conformable language, in this subsection. The board of directors shall organize and conduct its affairs in accordance with such provisions of law; provided, however: (1) That nothing in this subsection shall be construed to mean that the board of directors must elect the same persons to serve as officers of the board of directors as are elected by the board of directors of the authority to serve as officers of the board of directors of the authority; (2) That no person serving as a public member of the authority and thereby as a director of the corporation shall receive more than one day's per diem, plus actual expenses incurred, for one day's service or portion thereof rendered to the state; and (3) That the limitation as to the number of days during any fiscal year that a per diem may be paid to a public member of the authority shall be exclusive of services rendered by such person as a director of the corporation. (c) The Attorney General shall provide legal services for the corporation and in connection therewith Code Sections 45-15-13 through 45-15-16 shall be fully applicable. 8-3-191.2. (a) The board of directors shall appoint an executive director, or president, if designated by such title by the board of directors, who shall be the chief administrative officer of the corporation and serve at the pleasure of the board. (b) The board shall create any other offices within the corporation as it deems necessary for the operation of the corporation and shall appoint qualified persons to fill any such offices created. (c) Persons appointed under subsections (a) and (b) shall perform such executive functions, powers, and duties as may be prescribed by the board under regulations and bylaws and shall be considered executive officers of the corporation. (d) The corporation may also employ technical experts and other personnel as is necessary for the conduct of business of the corporation.

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(e) The executive director, officers, and other personnel authorized to be employed by the corporation in this Code section, may also be simultaneously employed by the Georgia Residential Finance Authority; provided, however, that the salaries and expenses associated with any officer or employee simultaneously employed by the corporation and the authority must be properly allocated between the corporation and the Georgia Residential Finance Authority. 8-3-191.3. The chief administrative officer shall prepare an annual budget at least 90 days prior to the close of the fiscal year, pursuant to his activities under this part. The chairperson shall then present it for adoption to the board of directors. 8-3-191.4. The board shall authorize the guarantee or sale of obligations or securities and shall approve other major contractual agreements. Any other contractual agreements or debt obligations may be approved by the chief administrative officer pursuant to regulations of the board. 8-3-191.5. (a) The corporation shall have power: (1) To adopt, alter, and use a corporate seal, which shall be judicially noticed; (2) To enter into and perform contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this part on such terms as it may deem appropriate, with the Georgia Residential Finance Authority, any government agency, or with any person, firm, association, or corporation; (3) To execute, in accordance with its bylaws, all instruments necessary or appropriate in the exercise of any of its powers; (4) To sue and to be sued in its corporate name and to complain and defend in any state or federal court of competent jurisdiction, but no attachment, injunction, or other similar process shall be issued against the property of the corporation or against the corporation with respect to its property; (5) To lease, purchase, or acquire any property, and to sell, for cash or credit, lease, or otherwise dispose of the same, at such time and in such manner as and to the extent that it may deem necessary or appropriate to procure insurance against any loss in

Page 1841

connection with its property and other assets, in such amounts and from such insurers as it deems desirable; (6) To borrow money and issue and guarantee payment of principal and interest on securities as provided in this part; (7) To prescribe, repeal, and amend or modify rules, regulations, bylaws, or requirements governing the manner in which its general business may be conducted; (8) To accept gifts or donations of services, or of property, real, personal, or mixed, tangible or intangible, in aid of any of its purposes; (9) To borrow funds from the Georgia Residential Finance Authority for the purpose of beginning operations, such loans to be made at competitive rates of interest and repaid from funds available for general corporate purposes; and (10) To do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business. (b) The corporation shall have the power to select and appoint or employ such officers, employees, and agents, to vest them with such powers and duties, and to fix such compensation to them for their services, as it may determine; and any such action shall be without regard to the state civil service and classification laws. Appointments, promotions, and separations so made shall be based on merit and efficiency, and no political tests or qualification shall be permitted or given consideration. 8-3-191.6. The exercise of the powers specified in this part will be in all respects for the benefit of the people of the state, for their well-being and prosperity, and for the improvement of their socioeconomic conditions, and the corporation shall not be required to pay any tax or assessment on any property owned by the corporation under the provisions of this part or upon the income therefrom. Subpart 3 8-3-192. (a) The corporation is authorized to guarantee the timely payment of principal and interest on such securities as shall be

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based on and backed by a pool composed of mortgages meeting the requirements of Code Section 8-3-192.3 of this part. In the event the issuer is unable to make any payment of principal or of interest on any security guaranteed under this Code section, the corporation shall make such payment as and when due in cash, and thereupon shall be subrogated fully to the rights satisfied by such payment. (b) Any other laws to the contrary notwithstanding, the corporation is empowered in connection with any guarantee under this Code section, whether before or after any default, to provide by contract with the issuer for the extinguishment, upon default by the issuer, of any redemption, equitable or legal, or other right, title, or interest of the issuer in any mortgage or mortgages constituting the pool against which the guaranteed securities are issued and for the transfer of such mortgage or mortgages to the corporation as the absolute property of the corporation subject only to unsatisfied rights therein of the holders of the securities. (c) The guarantee provided under this Code section shall not constitute a debt or obligation of the State of Georgia or any agency or instrumentality thereof other than the corporation. 8-3-192.1. (a) A mortgage lender shall be eligible to issue and service mortgage-backed securities guaranteed by the corporation if such mortgage lender qualifies as an eligible issuer. In order to qualify as an eligible issuer, a mortgage lender must: (1) Have adequate experience, management capability, and facilities to issue and service mortgage-backed securities, as determined by the corporation; (2) Be authorized to do business in the State of Georgia; (3) Own at all times, except as may otherwise be provided in Code Section 8-3-192.8, mortgage capital certificates issued pursuant to Code Section 8-3-193 with a total face amount equal to a minimum amount fixed by the corporation; and (4) Meet the requirements, conditions, and limitations which may be imposed by the bylaws or regulations of the corporation.

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(b) The corporation shall not make a commitment to guarantee, or guarantee, pursuant to a commitment or otherwise, any issue of mortgage-backed securities unless the mortgage lender requesting such commitment or guarantee then qualifies as an eligible issuer. (c) A mortgage lender shall not qualify as an eligible issuer at any time in which the lending policies of the issuer permit any discrimination based on race, religion, color, national origin, age, or sex of a borrower. (d) A mortgage lender shall qualify as an eligible issuer only so long as it conducts its business operations in accordance with accepted mortgage-lending practices, ethics, and standards, as determined by the corporation, and shall maintain its books and records in accordance with generally accepted accounting principles. (e) In the event that a mortgage lender which is qualified as an eligible issuer should subsequently fail to comply with any of the requirements prescribed in this Code section, the corporation may withhold further commitments to guarantee securities until such time as the corporation is satisfied that the mortgage lender has resumed business operations in compliance with such requirements. (f) If any issuer, subsequent to the issuance of securities guaranteed by the corporation, should fail in a material way to be in compliance with any of the requirements prescribed in this Code section or in the guarantee agreement, the corporation may bring proceedings to disqualify such issuer, in accordance with the following procedure: The corporation shall serve the issuer, by hand delivery or by certified or registered mail, with a written notice stating the facts incident to such failure and setting forth such affirmative requirements as the corporation may consider necessary to correct such failure in accordance with such procedures as may be set forth in the guarantee agreement. 8-3-192.2. (a) Securities to be issued pursuant to the provisions of this Code section may, at the option of the issuer, be of one of the following types, but only one of such types may be issued against any single pool of mortgages: (1) Straight pass-through securities, which provide for the payment by the issuer to the holders of a proportionate share of the proceeds of principal and interest, as collected, on account of a

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pool of mortgages, less servicing fees and other specified costs approved by the corporation; and (2) Modified pass-through securities, which provide for such payment, whether or not collected, of both specified principal installments and a rate of interest on the unpaid principal balance, with all prepayments being passed through to the holder. (b) In the case of delinquent mortgages in a pool backing modified pass-through securities, the issuer is required to make advances if necessary to maintain the specified schedule of interest and principal payments to the holders, or at its option, at any time 90 days or more after default of any such mortgage, the issuer ma{repurchase such mortgage. (c) Both straight pass-through and modified pass-through securities must specify the dates on which payments are to be made to the holders thereof, and must indicate the accounting period for collections on the pool's mortgages relating to each such payment, and the securities must also specify a date on which the entire principal to be collected will have been paid or will be payable. (d) Each issue of securities must be in a minimum face amount of $1 million, provided that in the case of modified pass-through securities based on and backed by mortgages on mobile homes said minimum face amount is $400,000.00. The total face amount of any issue of securities cannot exceed the aggregate unpaid principal balances of the mortgages in the pool. (e) The face amount of any security cannot be less than $25,000.00. (f) Securities are transferable, but the share of the proceeds collected on account of the pool of mortgages may not be payable to more than one holder with respect to any security. (g) The mortgages comprising a particular pool are not required to have been originated by the same mortgage lender, so long as all such mortgages are originated by eligible issuers. 8-3-192.3. (a) Each issue of securities must be backed by a separate pool of mortgages which:
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(1) Are covered by policies of title insurance, hazard insurance, and other types of insurance prescribed in regulations issued by the corporation; and (2) Meet such other standards of acceptability as may be prescribed by the corporation. (b) Any mortgage within a pool shall be replaced or repurchased by the issuer if found defective by the corporation at any time prior to four months after the date on which the corporation issues its guarantee of the securities, and the documents pertaining to said guarantee shall so provide. 8-3-192.4. The corporation will not guarantee securities if the pool proposed by the issuer does not satisfactorily provide for: (1) Servicing of the mortgages in the pool; (2) Timely payment of principal and interest, in accordance with the terms of the securities; (3) Notification to the corporation of an impending default, on the part of the issuer, in adequate time for the corporation to make timely payments on the securities; (4) Delivery to a designated custodial agent satisfactory to the corporation of the mortgage notes or other evidence of indebtedness secured by the mortgages in the pool and protection of the corporation interest in all assets in the pool as collateral for its guarantee; and (5) All mortgages within a pool carry the same mortgage interest rate. 8-3-192.5. The issuer shall maintain fidelity bond coverage acceptable and payable to the corporation that assures the faithful performance of the fiduciary responsibilities of the issuer. 8-3-192.6. (a) With respect to straight pass-through securities, the corporation may guarantee the timely payment to the securityholder of the proceeds of principal and interest, as collected, as undertaken in the corporation's guarantee appearing on the face of the security. With respect to modified pass-through securities, the

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corporation may guarantee the timely payment, whether or not collected, of the fixed rate of interest on the outstanding balance and the specified principal installments, as undertaken in the corporation's guarantee appearing on the face of the security. As to straight pass-through securities, any failure or inability of the issuer to make payments as due to the holders of the securities from the proceeds from the pool of mortgages which have been collected, or because of failure to make collections under reasonable and accepted standards of mortgage servicing, shall constitute a default of the issuer. As to modified pass-through securities, any failure or inability of the issuer to make fixed or other payments as due as well as such other failures as may be identified by the corporation and included in the guarantee agreement, shall be deemed such a default. (b) Upon any default by the issuer and payment under its guarantee by the corporation, or any failure of the issuer to comply with the terms of the guarantee agreement, the corporation may institute a claim against the issuer's fidelity bond, or may pursuant to Code Section 8-3-192, extinguish all the right, title, or other interest of the issuer and make the mortgages the absolute property of the corporation subject only to unsatisfied rights therein of the holders of the securities, or the corporation may do both. 8-3-192.7. The corporation shall establish a schedule of application and guarantee fees, which may vary for straight pass-through and modified pass-through issuances, and of such fees as it may determine to be reasonable for the analysis of any trust or other security arrangement proposed by the issuer. The corporation may alter the schedule of fees as it reasonably deems appropriate. To assure that to the maximum extent and as rapidly as possible the corporation will become self-supporting, the schedule of fees should be established according to sound business practices such that the proceeds of such fees are sufficient to fund the corporation's total operating expenses, the guarantee of payment of principal and interest on securities issued pursuant to this part, and the repurchase and retirement of outstanding mortgage capital certificates. 8-3-192.8. Proceeds of fees charged under Code Section 8-3-192.7 shall be applied to defray the operating expenses of the corporation. Remaining proceeds shall be deposited in the Guarantee Reserve Fund established pursuant to Code Section 8-3-193.5 of this part. When the amount of the Guarantee Reserve Fund equals or exceeds $5 million, or the Minimum Guarantee Reserve Fund

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Requirement as defined in Code Section 8-3-193.6 is sufficiently funded, whichever is greater, the additional proceeds of fees shall be applied to the purchase of outstanding mortgage capital certificates. 8-3-192.9. The securities and mortgage capital certificates guaranteed by the corporation pursuant to this part shall be legal investments in which all public officers and public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all public and private pension or retirement funds, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking institutions, including savings and loan associations, building and loan associations, trust companies, savings banks and savings associations, investment companies, and other persons carrying on a banking business, credit unions, industrial loan companies, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The securities and mortgage capital certificates guaranteed by the corporation pursuant to this part may be used by any such private financial institution, person, or association as security for public deposits. The securities and mortgage capital certificates guaranteed by the corporation pursuant to this part are also made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law, including deposits to secure public funds. Subpart 4 8-3-193. (a) The corporation may issue obligations, mortgage capital certificates, from time to time in an amount outstanding at any one time sufficient to enable the corporation to carry out its functions under this part. (b) Mortgage capital certificates shall mature not more than 20 years from their respective dates of issue, to be redeemable before maturity at the option of the corporation at such price or prices as may be determined by the corporation. The corporation is authorized to purchase any of its mortgage capital certificates outstanding under this section at any time and at any price.

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(c) Mortgage capital certificates of each issue shall be dated, bear interest at such rate, and shall have such other terms and conditions as may be determined by the corporation. (d) The corporation shall determine the form of the mortgage capital certificates, including any interest coupons to be attached thereto, and shall fix the denomination or denominations and the place or places and medium of payment of principal and interest thereof. (e) All mortgage capital certificates shall be executed in the name of the corporation by the chairman and secretary of the corporation and shall be sealed with the official seal of the corporation or a facsimile thereof. Coupons shall be executed in the name of the corporation by the chairman of the corporation. The facsimile signature of either the chairman or the secretary of the corporation may be imprinted in lieu of the manual signature if the corporation so directs and the facsimile of the chairman's signature shall be used on coupons. Mortgage capital certificates and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time the signature was signed or imprinted shall be fully valid notwithstanding the fact that before or after the delivery thereof such person ceased to hold such office. The corporation also may provide for the authentication of mortgage capital certificates by a trustee or fiscal agent. (f) All mortgage capital certificates shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the state including the Uniform Commercial Code. (g) The mortgage capital certificates may be issued in coupon or in registered form, or both, as the corporation may determine, and provision may be made for the registration of any coupon mortgage capital certificate as to principal alone and also as to both principal and interest. (h) The corporation may sell such bonds at public or private sale in such manner and for such price as it may determine to be for the best interests of the corporation. (i) Prior to the preparation of definitive mortgage capital certificates, the corporation may issue interim receipts, interim certificates,

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or temporary mortgage capital certificates exchangeable for definitive mortgage capital certificates upon the issuance of the latter. The corporation may also provide for the replacement of any mortgage capital certificate which shall become mutilated or destroyed or lost. Such mortgage capital certificates may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this part. (j) The corporation is authorized to provide by resolution for the issuance of refunding mortgage capital certificates of the corporation for the purpose of refunding any mortgage capital certificates issued under the provisions of this part and then outstanding, together with accrued interest thereon. The issuance of such refunding mortgage capital certificates and all other details thereof, the rights of the holders thereof, and the duties of the corporation in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable. (k) Any resolution providing for the issuance of mortgage capital certificates under the provisions of this part shall become effective immediately upon its adoption by a majority vote of the board and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the corporation by a majority of the board. (l) All mortgage capital certificates shall be executed, confirmed, and validated under, and in accordance with, Article 3 of Title 36, known as the `Revenue Bond Law,' except as otherwise provided in this part. The venue for all validation proceedings pursuant to this part shall be Fulton County, and the Superior Court of Fulton County shall have exclusive trial court jurisdiction over such proceedings. Mortgage capital certificates issued shall have a certificate of validating bearing the facsimile signature of the clerk of the Fulton County Superior Court stating the date on which said bonds were validated and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. The corporation shall reimburse the district attorney for his actual costs associated with the bond validation proceedings, if any. The fees payable to the clerk of the Fulton County Superior Court for validation and confirmction shall be as follows for each certificate, regardless of the denomination of such certificate: $1.00 each for the first 100 certificates, 25 for each of the next 400 certificates, and 10 each for each such certificate over 500.

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8-3-193.1. The state pledges to and agrees with the holders of any mortgage capital certificates issued under this part that the state will not limit or alter in any way materially detrimental to the portion of such holders the powers of the corporation to fulfill the terms of any agreements made with the holders thereof or in any way materially impair the rights and remedies of such holders until such mortgage capital certificates, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The corporation is authorized to include this pledge and agreement of the state in any agreement with the holders of such mortgage capital certificates. 8-3-193.2. (a) No guarantee issued by the corporation under the provisions of this part or mortgage capital certificate issued under the provisions of this part shall be deemed to constitute a debt or liability of the state or of any political subdivision thereof, other than the corporation, or a pledge of the faith and credit of the state or of any such political subdivision, other than the corporation, but shall be payable solely from funds herein provided therefor. All such mortgage capital certificates and securities evidencing the corporation's guarantees and any prospectus or other printed representation of the corporation concerning such mortgage capital certificates or guarantees shall contain on the face thereof a statement to the following effect: `Neither the faith and credit or the taxing power of the State of Georgia is pledged to the payment of the principal of or interest on this security.' (b) The issuance of mortgage capital certificates and guarantees by the corporation shall not directly or indirectly or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. (c) Nothing contained in this Code section shall prevent or be construed to prevent the corporation from pledging its full faith and credit to the payment of mortgage capital certificates or guarantees or to issue the mortgage capital certificates or guarantees authorized pursuant to this part. 8-3-193.3. Proceeds derived from the issuance of mortgage capital certificates and any interest or other increment derived from the investment thereof may be used for any of the purposes of the

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corporation, including, but not limited to, operating costs, payments into the Guarantee Reserve Fund, and other expenses. 8-3-193.4. (a) The corporation shall create and establish the Georgia Secondary Market Fund; provided, further, the corporation shall create and establish a special account in the Georgia Secondary Market Fund, which shall be known as the `Guarantee Reserve Fund' and shall pay into the Guarantee Reserve Fund: (1) Any proceeds from the sale of mortgage capital certificates to the extent such proceeds are not applied to the corporation's operating costs; (2) Moneys charged as fees by the corporation under Code Section 8-3-192.7 to the extent such moneys are not applied to the corporation's operating costs; and (3) Any other moneys which the corporation may make available for the purpose of the Guarantee Reserve Fund from any other source or sources; provided, however, that payments into the Guarantee Reserve Fund are not required by this Code section whenever the amount of the Guarantee Reserve Fund equals or exceeds the Minimum Guarantee Reserve Fund Requirement. (b) All moneys held in the Guarantee Reserve Fund, except as otherwise provided in this Code section, shall be used, as required, solely for the payment of principal and interest on securities guaranteed by the corporation pursuant to this part. Any income or interest earned by, or increment to the Guarantee Reserve Fund due to the investment thereof may be transferred by the corporation to other funds or accounts of the corporation to the extent such transfer does not reduce the amount of the Guarantee Reserve Fund below the Minimum Guarantee Reserve Fund Requirement. (c) In computing the amount of the Guarantee Reserve Fund for purposes of this Code section, securities in which all or a portion of the Guarantee Reserve Fund is invested shall be valued at par if purchased at par and shall be valued at amortized value, as such term is defined by resolution of the corporation, if purchased at other than par. 8-3-193.5. (a) For each issue of securities guaranteed by the corporation pursuant to this part, the corporation shall determine

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according to sound actuarial and business practices the amount, if any, by which the Guarantee Reserve Fund should be increased to ensure the continued payment of principal and interest on such securities in the event of default by the issuer. This amount shall be set forth in the resolution or resolutions of the corporation authorizing the guarantee of such issue of securities. As of any particular date of computation, the total of such amounts for all outstanding securities guaranteed by the corporation shall be the Minimum Guarantee Reserve Fund Requirement. (b) The corporation shall not at any time guarantee the payment of principal and interest on securities issued pursuant to this part if, upon issuance of the securities, the amount in the Guarantee Reserve Fund will be less than the Minimum Guarantee Reserve Fund Requirement. 8-3-193.6. The corporation shall create and establish such other accounts in the Georgia Secondary Market Fund as it may deem necessary or desirable. 8-3-193.7. Moneys of the corporation not invested in operating facilities shall be kept in cash on hand or on deposit or invested in obligations, participations, or other instruments which are lawful investments for fiduciary, trust, or public funds. Part 3 Section 37. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 38. All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1982. FEES FOR COLLECTING SCHOOL TAXES IN CERTAIN COUNTIES (350,000 - 500,000). Code Sections 91A-1705, 48-5-404 Amended. No. 1507 (House Bill No. 1773). AN ACT To amend Code Section 91A-1705, relating to the collection of school taxes by tax commissioners or tax collectors and commissions thereon, so as to change the provisions relating to commissions for the collection of school taxes in all counties of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1980 or any future such census; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 91A-1705, relating to the collection of school taxes by tax commissioners or tax collectors and commissions thereon, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) In all counties of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1980 or any future such census, the tax commissioner or tax collector shall remit all education funds collected by said

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officer to the board of education of the county except 1.9 percent of the funds collected which shall be retained by the tax commissioner or tax collector if the officer is on a fee basis or remitted to the governing authority of the county if the officer is on a salary basis of compensation. Part 2 Section 2. Code Section 48-5-404 of the Official Code of Georgia Annotated, relating to the collection of school taxes by tax commissioners or tax collectors and commissions thereon, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) In all counties of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1980 or any future such census, the tax commissioner or tax collector shall remit all education funds collected by said officer to the board of education of the county except 1.9 percent of the funds collected which shall be retained by the tax commissioner or tax collector if the officer is on a fee basis or remitted to the governing authority of the county if the officer is on a salary basis of compensation. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1982.

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GEORGIA ALCOHOLIC BEVERAGE CODE AMENDED AS TO CERTAIN COUNTIES (69,000 - 75,000). Code Sections 5A-507, 5A-2903, 3-3-7, 3-4-92 Amended. No. 1508 (House Bill No. 1906). AN ACT To amend the Georgia Alcoholic Beverage Code, Code Title 5A, so as to permit the governing authorities of certain counties and municipalities to authorize the sale of alcoholic beverages for consumption on the premises at certain times on Sundays if approved in a referendum; to provide that certain special referendum elections to determine if licenses to sell alcoholic beverages for beverage purposes by the drink, such sales to be for consumption only on the premises, shall be conducted at the time of any other primary or election; to provide the procedures connected therewith; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. The Georgia Alcoholic Beverage Code, Code Title 5A, is amended by adding at the end of Section 5A-507, relating to the sale of alcoholic beverages on Sundays and election days, a new subsection to be labeled subsection (j) and to read as follows: (j) (1) In each county having a population of not less than 69,000 and not more than 75,000 according to the United States Decennial Census of 1980 or any future such census, in which the sale of alcoholic beverages is lawful and in all municipalities in those counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and one hour immediately following that time.

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(2) (A) This subsection shall not become effective in the unincorporated area of any such county or in any municipality unless the application to the unincorporated area of such county or municipality is approved at a referendum by the voters of the unincorporated area of any such county or municipality. Such referendum shall be held on the date of the first general primary election held after this paragraph first applies to the county or municipality. Not less than 30 nor more than 60 days prior to the date of such primary, it shall be the duty of the election superintendent of the county to issue the call for an election for the purpose of submitting this question to the electors of the unincorporated area of any such county and each affected municipality for approval or rejection. The superintendent shall set the date of such election for the date of said primary. 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 law allowing the governing authority of (insert name of the affected political subdivision) to allow the sale of alcoholic beverages for one hour after 11:55 P.M. on Saturdays be approved?' (B) All persons desiring to vote for approval shall vote `Yes,' and those persons desiring to vote for rejection shall vote `No.' If more than one-half of the votes cast on such question in the unincorporated area of such county are for approval, then paragraph (1) shall become of full force and effect in the unincorporated area of the county. If more than one-half of the votes case on such question in any municipality are for approval, then paragraph (1) shall become of full force and effect in such municipality. (C) The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and

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conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 2. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 5A-2903 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Upon a written petition containing 35 percent of the registered and qualified voters of a municipality or county coming within the provisions of this section being filed with the appropriate governing authority, the governing authority shall be required to hold and conduct a special referendum election which shall be held at the time of holding any other primary or election in such county or municipality for the purpose of submitting to the qualified voters of the municipality or county the question of whether or not the sale of distilled spirits, as provided for in this chapter, shall be authorized. Part 2 Section 3. Title 3 of the Official Code of Georgia Annotated, known as the Georgia Alcoholic Beverage Code, is amended by adding a new subsection (i) at the end of Code Section 3-3-7 to read as follows: (i) (1) In each county having a population of not less than 69,000 and not more than 75,000 according to the United States decennial census of 1980 or any future such census, in which the sale of alcoholic beverages is lawful and in all municipalities in those counties in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and one hour immediately following that time. (2) (A) This subsection shall not become effective in the unincorporated area of any such county or in any municipality unless the application to the unincorporated area of such county or municipality is approved at a referendum by the voters of the unincorporated area of any such county or municipality. Such referendum shall be held on the date of the first general primary election held after this paragraph first applies to the county or municipality. Not less than 30 nor more than 60 days prior to the date of such primary, it

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shall be the duty of the election superintendent of the county to issue the call for an election for the purpose of submitting this question to the electors of the unincorporated area of any such county and each affected municipality for approval or rejection. The superintendent shall set the date of such election for the date of said primary. 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 law allowing the governing authority of (insert name of the affected political subdivision) to allow the sale of alcoholic beverages for one hour after 11:55 P.M. on Saturdays be approved?' (B) All persons desiring to vote for approval shall vote `Yes,' and those persons desiring to vote for rejection shall vote `No.' If more than one-half of the votes cast on such question in the unincorporated area of such county are for approval, then paragraph (1) shall become of full force and effect in the unincorporated area of the county. If more than one-half of the votes case on such question in any municipality are for approval, then paragraph (1) shall become of full force and effect in such municipality. (C) The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 3-4-92 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Upon a written petition containing the signatures of 35 percent of the registered and qualified voters of a municipality or

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county described in subsection (a) of this Code section being filed with the appropriate governing authority, the governing authority shall be required to hold and conduct a special referendum election which shall be held at the time of holding any other primary or election in such county or municipality for the purpose of submitting to the qualified voters of the municipality or county the question of whether the sale of distilled spirits, as provided for in this article, shall be authorized. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective November 1, 1982. Section 6. Notwithstanding any other provision of law to the contrary, the United States decennial census of 1980 shall become effective for purposes of this Act on the effective date of this Act. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 20, 1982.

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GEORGIA STUDENT FINANCE AUTHORITY ACT AMENDED. Code Section 20-3-475 Enacted. No. 1509 (Senate Bill No. 710). AN ACT To amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the Georgia Student Finance Authority Act, so as to provide for a program of grants to Georgia residents for attendance at colleges of osteopathic medicine; to provide that such grants shall be in the form of loans cancelable by certain practice; to provide for governance of the program by the board of regents and administration of the program by the Georgia Student Finance Authority; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the Georgia Student Finance Commission Act, is amended by adding a new subpart 9 to read as follows: Subpart 9 20-3-475. (a) The authority shall establish a program of grants to Georgia residents for attendance at colleges of osteopathic medicine which have entered into contracts as provided in subsection (b). The program shall be administered by the authority in accordance with this subpart and such rules and regulations of the board of regents relating to the program as may be established by the board of regents. (b) The board of regents may contract with any of the colleges listed in this Code section. The terms of such a contract shall provide that the college will hold open one or more places for Georgia residents selected to receive grants and that the board of regents will pay the amount of the grant awarded to each student to the college on behalf of the recipient student. Such contracts may be entered into by the board of regents with any of the following colleges:

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(1) The Southeastern College of Osteopathic Medicine; (2) The Kansas City College of Osteopathic Medicine; (3) The Kirksville College of Osteopathic Medicine; (4) The Chicago College of Osteopathic Medicine; and (5) The College of Osteopathic Medicine and Surgery in Des Moines, Iowa. (c) Such grants shall not be awarded to more than 15 Georgia residents in any one year; and the maximum amount of each grant shall be $10,000.00 per recipient per year. (d) Each grant shall be in the form of a cancelable loan. Each recipient shall agree to practice primary care medicine in a medically underserved area designated by the authority for a period of one year for each year for which a grant is received. The recipient's repayment obligation shall be canceled upon completion by the recipient of practice in a medically underserved area for a number of years equal to the number of years for which the recipient received a grant. (e) In order to be eligible to receive a grant, a Georgia resident must be accepted for enrollment by a participating college, must enter into a cancelable loan agreement, and must meet such other criteria as may be established by the board of regents. Section 2. This Act shall become effective July 1, 1983. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1982.

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MOTOR VEHICLE OPERATORS' LICENSES FOR OPERATORS 16 OR 17 YEARS OF AGE. Code Sections 4-5-26, 4-5-58 Amended. No. 1510 (Senate Bill No. 519). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that distinctive drivers' licenses for persons 16 or 17 years of age shall be conditional and shall be suspended under certain conditions; to provide that certain suspended drivers' licenses may be reinstated under certain conditions; to provide for the punishment of individuals operating a motor vehicle under certain circumstances; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking Code Section 40-5-26 in its entirety and substituting in lieu thereof a new Code Section 40-5-26 to read as follows: 40-5-26. (a) The application of any person under the age of 18 years for an instruction permit or driver's license shall be signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult. (b) The department shall, by rule and regulation, provide that all licenses issued to applicants under 18 years of age shall be so designed as to be readily distinguishable from all other licenses issued to other applicants. After having attained 18 years of age, the holder of any such distinctive license may, by complying with Code Section 40-5-31, obtain a duplicate or substitute license which shall not be distinctive. (c) The drivers' licenses of persons 16 or 17 years old shall be issued on the condition that the holder of any such license shall not commit any offense enumerated in Code Section 40-5-54 or the

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offense of speeding when the charge is for speeding 25 or more miles per hour in excess of the speed limit. For the purposes of this Code section, a forfeiture of bail or bond, an accepted plea of guilty, or an accepted plea of nolo contendere to a charge of violating any offense enumerated in Code Section 40-5-54 or speeding 25 or more miles per hour in excess of the speed limit shall constitute a conviction. (d) Upon receiving a record of the holder of a distinctive conditional license being convicted for an offense specified in subsection (c) of this Code section, the department shall suspend the distinctive conditional license for one year when the conviction is for a first offense. However, after a minimum of 60 days has expired following the surrender of the license under subsection (f) of this Code section, upon application being made to the department and upon the submission of proof to the department that the person whose license is suspended has completed an approved defensive driving course or an approved basic alcohol or drug course if the offense was driving under the influence of alcohol or drugs and upon the payment of restoration fee of $20.00, the department may reinstate the distinctive conditional driver's license. (e) Upon receiving a record of the holder of a distinctive conditional license being convicted for a second time for an offense specified in subsection (c) of this Code section, the department shall revoke the distinctive conditional license. The period of revocation shall begin on the date the distinctive conditional license is surrendered to the court as provided in subsection (f) of this Code section and end on the eighteenth birthday of the person whose distinctive conditional license was revoked or 90 days after the date of the surrender of the license, whichever is later. (f) Whenever the holder of a distinctive conditional driver's license is convicted of an offense requiring suspension or revocation of the license under subsection (d) or (e) of this Code section, the court in which such conviction is had shall require the surrender to it of the distinctive conditional driver's license then held by the person so convicted, and the court shall forward the same, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, to the department within 15 days after the conviction. The provisions of Code Section 40-5-53 shall apply to the surrender of licenses under this subsection.

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Section 2. Said chapter is further amended by striking subsection (c) of Code Section 40-5-58 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Except as provided in subsection (e) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be an habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle while his license is so revoked shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Section 3. This Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1982. STONE MOUNTAIN MEMORIAL ASSOCIATION ACT AMENDED. Code Section 12-3-199 Amended. No. 1511 (Senate Bill No. 715). AN ACT To amend the Stone Mountain Memorial Association Act, approved February 21, 1958 (Ga. L. 1958, p. 61), as amended, so as to provide that the Stone Mountain Memorial Association may invest and reinvest the association fund in certain specified obligations; to amend the Official Code of Georgia Annotated accordingly; to provide

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for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. The Stone Mountain Memorial Association Act, approved February 21, 1958 (Ga. L. 1958, p. 61), as amended, is amended by striking subsection (d) of Section 9, which reads as follows: (d) Investment in obligations of the United States or obligations the payment of which is guaranteed by the United States, of guaranteed convertibility or maturity not in excess of five years, provided, that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes set forth in this section., and inserting in its place a new subsection (d) to read as follows: (d) Investment or reinvestment in any of the following obligations: (1) Obligations of this state or other states; (2) Obligations issued by the United States; (3) Obligations fully insured or guaranteed by a United States government agency; (4) Obligations of any corporation of the United States; (5) Prime bankers' acceptances; (6) The local government investment pool established by the `Local Government Investment Pool Act,' (Ga. L. 1980, p. 1715), as amended; (7) Repurchase agreements; (8) Obligations of other political subdivisions of this state; and

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(9) Certificates of deposit. Provided, however, that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes authorized by this Act. Part 2 Section 2. Code Section 12-3-199 of the Official Code of Georgia Annotated, relating to the association fund of the Stone Mountain Memorial Association, is amended by striking paragraph (4) of subsection (b), which reads as follows: (4) Investment in obligations of the United States or obligations the payment of which is guaranteed by the United States, of guaranteed convertibility or maturity not in excess of five years, provided that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes set forth in this Code section., and inserting in its place a new paragraph (4) to read as follows: (4) Investment or reinvestment in any of the following obligations: (A) Obligations of this state or other states; (B) Obligations issued by the United States; (C) Obligations fully insured or guaranteed by a United States government agency; (D) Obligations of any corporation of the United States; (E) Prime bankers' acceptances; (F) The local government investment pool established by Chapter 83 of Title 36, the `Local Government Investment Pool Act'; (G) Repurchase agreements;

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(H) Obligations of other political subdivisions of this state; and (I) Certificates of deposit; provided, however, that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes authorized by this chapter. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1982. JURISDICTION OF LAND CEDED TO OR ACQUIRED BY UNITED STATES. Code Sections 15-302.1, 50-2-23.1 Enacted. No. 1512 (Senate Bill No. 764). AN ACT To amend Code Chapter 15-3, relating to jurisdiction over certain land ceded to or acquired by the United States, so as to consent to the

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cession of concurrent jurisdiction to the United States over lands within the boundaries of the State of Georgia that are owned by the United States or over which such jurisdiction is necessary for the effective administration and management of the lands owned by the United States; to authorize the Governor, upon receipt of application therefor, to cede to the United States concurrent jurisdiction over such lands; to specify those authorized to apply for concurrent jurisdiction; to establish the manner in which such cession shall become effective; to amend the Official Code of Georgia Annotated accordingly; to provide for other matters relative to the foregoing; to provide for severability; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 15-3, relating to jurisdiction over certain land ceded to or acquired by the United States, is amended by inserting after Section 15-302 a new Section 15-302.1, to read as follows: 15-302.1. (a) The consent of the State of Georgia is given to the cession of concurrent jurisdiction to the United States of America over lands within the boundaries of the State of Georgia that are owned by the United States of America or over which such jurisdiction is necessary for the effective administration and management of the lands owned by the United States. (b) Whenever the United States of America desires to acquire concurrent jurisdiction over lands of the type described in subsection (a) of this Section, application therefor shall be made to the Governor by the principal officer of the agency of the United States having administrative and legal control over the land and shall describe with specificity the lands for which concurrent jurisdiction is sought. For the purpose of this Section, `legal control' shall include the authority to sell, convey, rent, lease, make convenants, alienate, or otherwise control by lawful means, any and all interests and rights in real property including, but not limited to, the right of possession to, use of, and travel upon or over, relevant lands.

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(c) Upon receipt of an application to acquire concurrent jurisdiction on behalf of the United States over lands of the type described in subsection (a) of this Section, the Governor is authorized to cede concurrent jurisdiction over such lands to the United States. (d) Cession of concurrent jurisdiction shall be effected by means of negotiation and execution of an agreement between the Governor on behalf of the State and the principal officer of the United States agency having administrative and legal control over the land. Any jurisdiction not specifically ceded in any such agreement is reserved to the State. Cession of such concurrent jurisdiction as is ceded by the State in any such agreement shall become effective upon the acceptance by the United States indicated in writing upon the instrument of cession by the authorized official(s) of the United States. (e) Nothing contained herein or in any instrument executed pursuant to the provisions hereof shall be construed as consent either to the preemption of any of the laws and regulations of this State or to the exemption of any federal lands from regulation pursuant to the laws and regulations of this State to the extent such lands are subject thereto. Nor shall any provision of this law or any instrument executed pursuant thereto be construed as a limitation or restriction upon the power, right and authority of the General Assembly to enact laws and authorize the promulgation of regulations. Part 2 Section 2. Chapter 2 of Title 50 of the Official Code of Georgia Annotated is amended by inserting after Code Section 50-2-23 a new Code Section 50-2-23.1, to read as follows: 50-2-23.1. (a) The consent of the State of Georgia is given to the cession of concurrent jurisdiction to the United States of America over lands within the boundaries of the State of Georgia that are owned by the United States of America or over which such jurisdiction is necessary for the effective administration and management of the lands owned by the United States. (b) Whenever the United States of America desires to acquire concurrent jurisdiction over lands of the type described in subsection (a) of this Code section, application therefor shall be made to the Governor by the principal officer of the agency of the United States

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having administrative and legal control over the land and shall describe with specificity the lands for which concurrent jurisdiction is sought. For the purpose of this Code section, `legal control' shall include the authority to sell, convey, rent, lease, make covenants, alienate, or otherwise control by lawful means, any and all interests and rights in real property including but not limited to the right of possession to, use of, and travel upon or over relevant lands. (c) Upon receipt of an application to acquire concurrent jurisdiction on behalf of the United States over lands of the type described in subsection (a) of this Code section, the Governor is authorized to cede concurrent jurisdiction over such lands to the United States. (d) Cession of concurrent jurisdiction shall be effected by means of negotiation and execution of an agreement between the Governor on behalf of the state and the principal officer of the United States agency having administrative and legal control over the land. Any jurisdiction not specifically ceded in any such agreement is reserved to the state. Cession of such concurrent jurisdiction as is ceded by the state in any such agreement shall become effective upon the acceptance by the United States indicated in writing upon the instrument of cession by the authorized official or officials of the United States. (e) Nothing contained in this Code section or in any instrument executed pursuant to it shall be construed as consent either to the preemption of any of the laws and regulations of this state or to the exemption of any federal lands from regulation pursuant to the laws and regulations of this state to the extent such lands are subject thereto. Nor shall any provision of this law or any instrument executed pursuant thereto be construed as a limitation or restriction upon the power, right, and authority of the General Assembly to enact laws and authorize the promulgation of regulations. Part 3 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 declares that it would have passed the remaining parts of this Act if it

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had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1982. JUVENILE COURT CODE OF GEORGIA AMENDED. Code Chapter 24A-25 Amended. Code Title 15, Chapter 11 Amended. No. 1513 (House Bill No. 610). AN ACT To amend Code Chapter 24A-23A, relating to designated felony acts under the Juvenile Court Code of Georgia, so as to change the definition of the term designated felony act; to specify when restrictive custody shall be mandatory; to amend Code Chapter 24A-25, relating to transfers from juvenile courts to other courts for criminal prosecution, so as to specify when proceedings shall be transferred to superior court for criminal prosecution; to provide for all related matters; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 24A-23A, relating to designated felony acts under the Juvenile Court Code of Georgia, is amended by replacing Code Section 24A-2301A with a new Code section to read as follows: 24A-2301A. Definition. `Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes: (1) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age; (2) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, aggravated battery, robbery, or armed robbery, if done by a juvenile 13 or more years of age; (3) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age; (4) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent at separate court appearances for an act which, if done by an adult, would have been the crime of burglary. `Intensive Supervision' means monitoring of a youth's activities on a more frequent basis than regular Aftercare Supervision pursuant to regulations of the director of the division. `A carefully arranged and monitored home visit' shall mean a home visit during which the youth shall be monitored by appropriate personnel of the Division of Youth Services designated pursuant to regulations of the director of the division. Section 2. Said chapter is further amended by replacing subsection (c) of Code Section 24A-2302A with a new subsection to read as follows: (c) Notwithstanding the provisions of subsection (b) of this section, the court shall order restrictive custody in any case where:

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(1) The juvenile is found to have committed a designated felony act in which the juvenile inflicted serious physical injury upon another person who is 62 years of age or more; or (2) The juvenile is found to have committed a designated felony act which would have constituted the crime of burglary if done by an adult and has two or more times previously been found to be delinquent because of commission of an act which would have constituted the crime of burglary if done by an adult. Section 3. Code Chapter 24A-25, relating to transfers from juvenile courts to other courts for criminal prosecution, is amended by adding a new Code Section 24A-2502 to read as follows: 24A-2502. Mandatory transfers. (a) After a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the crime of burglary if done by adult on three or more previous occasions. (b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 24A-1801, 24A-2001, and 24A-2002. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his parents, guardian, or other custodian at least three days before the hearing. (c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for prosecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is probable cause to commit the child as a defendant to the criminal court competent to try him. After such a transfer, until and unless a judgment of guilt is entered and sentence pronounced, the child shall be detained as a juvenile and only as provided in subsection (a) of Code Section 24A-1403. (d) Upon the transfer of any matter to superior court under this Code section, the District Attorney shall after investigation report to the judge whether the matter should be retransferred to juvenile

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court; and the superior court may upon such a report or on its own motion order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection (c) of Code Section 24A-2302A shall apply as in other cases. Part 2 Section 4. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by replacing paragraph (2) of subsection (a) of Code Section 15-11-37 with a new paragraph to read as follows: (2) `Designated felony act' means an act which, if done by an adult, would be one or more of the following crimes: (A) Murder, rape, kidnapping, or arson in the first degree, if done by a juvenile 13 or more years of age; (B) Aggravated assault, voluntary manslaughter, aggravated sodomy, arson in the second degree, aggravated battery, robbery, or armed robbery, if done by a juvenile 13 or more years of age; (C) Attempted murder or kidnapping, if done by a juvenile 13 or more years of age; or (D) Burglary, if done by a juvenile 13 or more years of age who has previously been adjudicated delinquent at separate court appearances for an act which, if done by an adult, would have been the crime of burglary. Section 5. Said chapter is further amended by replacing subsection (d) of Code Section 15-11-37 with a new subsection to read as follows: (d) Notwithstanding subsection (c) of this Code section, the court shall order restrictive custody in any case where the juvenile is found to have committed a designated felony act in which: (1) The juvenile inflicted serious physical injury upon another person who is 62 years of age or more; or (2) The juvenile is found to have committed a designated felony act which would have constituted the crime of burglary if done by an adult and has two or more times previously been found to be delinquent because of commission of an

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act which would have constituted the crime of burglary if done by an adult. Section 6. Said chapter is further amended by adding a new Code Section 15-11-39.1 to read as follows: 15-11-39.1. (a) After a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the crime of burglary if done by an adult on three or more previous occasions. (b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his parents, guardian, or other custodian at least three days before the hearing. (c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for prosecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is probable cause to commit the child as a defendant to the criminal court competent to try him. After such a transfer, until and unless a judgment of guilt is entered and sentence pronounced, the child shall be detained as a juvenile and only as provided in subsection (a) of Code Section 15-11-20. (d) Upon the transfer of any matter to superior court under this Code section, the district attorney shall after investigation report to the judge whether the matter should be retransferred to juvenile court; and the superior court may upon such a report or on its own motion order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection (d) of Code Section 15-11-37 shall apply as in other cases.

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Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1982. GENERAL APPROPRIATIONS ACT. No. 1514 (House Bill No. 1236). AN ACT To make and provide appropriations for the State fiscal year beginning July 1, 1982, and ending June 30, 1983; 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.

Page 1877

Be it enacted by the General Assembly of Georgia: That the sums of money hereinafter provided are appropriated for the State fiscal year beginning July 1, 1982, and ending June 30, 1983, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a revenue estimate of $3,732,000,000 for State fiscal year 1983. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: Legislative Branch $ 15,263,892 Operations $ 15,263,892 Total Funds Budgeted $ 15,263,892 State Funds Budgeted $ 15,263,892 Budget Unit Object Classes: Operations $ 15,263,892 For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; for the Legislative Services Committee, the Office of Legislative Counsel and the Office of Legislative Budget Analyst; for the operation of the Georgia Educational

Page 1878

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; 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 $ 5,430,363 1. Operations $ 5,080,363 Total Funds Budgeted $ 5,080,363 State Funds Budgeted $ 5,080,363 2. Tax Ratio Study $ 350,000 Total Funds Budgeted $ 350,000 State Funds Budgeted $ 350,000 Budget Unit Object Classes: Operations $ 5,080,363 Tax Ratio Study $ 350,000 Authorized Motor Vehicles 28 Total Positions Budgeted 150

Page 1879

PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 2,345,625 For the cost of operating the Supreme Court of the State of Georgia, including salaries of Justices and the employees of the Court, their retirement contributions and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $7,500 shall be allocated for the payment of attorney's fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Session, pp. 478-481 (Code Sections 17-12-60 through 17-12-62). 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. Total Positions Budgeted 59 Section 4. Superior Courts. Budget Unit: Superior Courts $ 18,957,568 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 (Code Section 17-10-6). Provided, however, that the listed appropriation shall be increased by the amount of $27,078 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 $97,000 per annum for each judgeship created by law during the 1982 session of the General Assembly. Provided, that of the above appropriation relating to Superior Courts, $428,670 is designated and committed for the Prosecuting Attorneys' Council for operations and $80,190 is designated and committed for the Sentence Review Panel, and $-0- is designated and committed for the Probation Advisory Council. Provided, however, of the above appropriation $10,000 is designated and committed to permit Judges with less than five years of experience to attend the Judicial College. Total Positions Budgeted 458

Page 1880

Section 5. Court of Appeals. Budget Unit: Court of Appeals $ 2,612,000 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. Total Positions Budgeted 55

Page 1881

Section 6. Administrative Office of the Courts. Budget Unit: Administrative Office of the Courts $ 802,791 Administrative Office of the Courts $ 515,238 Case Counting $ 60,000 Institute for Continuing Judicial Education $ 227,553 Total Funds Budgeted $ 802,791 State Funds Budgeted $ 802,791 Total Positions Budgeted 20 For the cost of operating the Administrative Office of the Courts, case counting and for the cost of operating the Institute for Continuing Judicial Education. Section 7. Appellate Court Reports. Budget Unit: Court Reports $ 190,000 For the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks and others as required by Code Chapter 90-2 (Art. 2, Chap. 18 of Title 50). Total Positions Budgeted 0 Section 8. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission $ 45,788 For the cost of operating the Judicial Qualifications Commission. Total Positions Budgeted 0

Page 1882

Section 9. Board of Court Reporting. Budget Unit: $ 14,821 For the cost of operating the Board of Court Reporting. Total Positions Budgeted 1 Section 10. Council of Juvenile Court Judges. Budget Unit: $ 102,508 For the cost of operating the Council of Juvenile Court Judges. Total Positions Budgeted 3 Section 11. Georgia Justice Courts Training Council. Budget Unit: $ 13,970 For the cost of operating the Georgia Justice Courts Training Council. Total Positions Budgeted 0 Section 12. Georgia Judicial Administrative Districts. Budget Unit: $ 556,398 For the cost of operating the Georgia Judicial Administrative Districts. Total Positions Budgeted 20

Page 1883

PART III. EXECUTIVE BRANCH Section 13. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 31,079,490 1. State Properties Commission Budget: Personal Services $ 211,777 Regular Operating Expenses $ 8,488 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 12,516 Telecommunications $ 3,600 Per Diem, Fees and Contracts $ 15,000 Total Funds Budgeted $ 254,581 State Funds Budgeted $ 252,036 Total Positions Budgeted 6 2. Departmental Administration Budget: Personal Services $ 1,025,000 Regular Operating Expenses $ 152,447 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,500 Equipment Purchases $ 1,335 Computer Charges $ -0- Real Estate Rentals $ 47,817 Telecommunications $ 15,949 Per Diem, Fees and Contracts $ -0- Direct Payments to Georgia Building Authority for Capital Outlay $ 2,001,792 Direct Payments to Georgia Building Authority for Operations $ -0- Direct Payments to Georgia Building Authority for Floyd Buildings Operations $ 1,200,000 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Total Funds Budgeted $ 5,308,840 State Funds Budgeted $ 5,291,285 Total Positions Budgeted 41 3. Treasury and Fiscal Administration Budget: Personal Services $ 801,055 Regular Operating Expenses $ 83,103 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,800 Equipment Purchases $ 1,000 Computer Charges $ 4,662,500 Real Estate Rentals $ 27,851 Telecommunications $ 12,510 Per Diem, Fees and Contracts $ -0- State Liability Self-Insurance Reserve $ -0- Public Safety Officers Indemnification Fund $ 608,800 Total Funds Budgeted $ 6,215,619 State Funds Budgeted $ 3,894,670 Total Positions Budgeted 30 4. Central Supply Administration Budget: Personal Services $ 232,230 Regular Operating Expenses $ 155,522 Travel $ 750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,300 Equipment Purchases $ 1,400 Computer Charges $ -0- Real Estate Rentals $ 61,179 Telecommunications $ 5,355 Per Diem, Fees and Contracts $ 1,000 Materials for Resale $ 5,400,000 Utilities $ -0- Total Funds Budgeted $ 5,864,736 Total Expenditures Authorized $ 5,860,089 State Funds Budgeted $ -0- Total Positions Budgeted 15 5. Procurement Administration Budget: Personal Services $ 1,175,033 Regular Operating Expenses $ 115,023 Travel $ 7,250 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 29,000 Equipment Purchases $ 1,447 Computer Charges $ 229,600 Real Estate Rentals $ 56,502 Telecommunications $ 34,500 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,648,355 State Funds Budgeted $ 1,636,325 Total Positions Budgeted 52 6. General Services Administration Budget: Personal Services $ 289,000 Regular Operating Expenses $ 11,160 Travel $ 5,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 150 Computer Charges $ 18,000 Real Estate Rentals $ 12,165 Telecommunications $ 24,424 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 363,199 Total Expenditures Authorized $ 359,568 State Funds Budgeted $ -0- Total Positions Budgeted 13 7. Space Management Administration Budget: Personal Services $ 255,000 Regular Operating Expenses $ 6,120 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 400 Equipment Purchases $ 900 Computer Charges $ -0- Real Estate Rentals $ 17,999 Telecommunications $ 6,230 Per Diem, Fees and Contracts $ -0- Materials for Resale $ -0- Total Funds Budgeted $ 288,149 State Funds Budgeted $ 285,268 Total Positions Budgeted 11 8. Data Processing Services Budget: Personal Services $ 15,789,960 Regular Operating Expenses $ 1,363,800 Travel $ 60,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 230,800 Equipment Purchases $ 53,350 Computer Charges $ 280,000 Rents and Maintenance Expense $ 15,756,796 Real Estate Rentals $ 1,024,536 Telecommunications $ 309,543 Payments to DOAS Fiscal Administration $ 2,270,896 Per Diem, Fees and Contracts $ 820,800 Total Funds Budgeted $ 37,960,481 Total Expenditures Authorized $ 37,636,837 State Funds Budgeted $ 13,575,000 Total Positions Budgeted 666 9. Motor Pool Services Budget: Personal Services $ 365,198 Regular Operating Expenses $ 1,542,990 Travel $ -0- Motor Vehicle Equipment Purchases $ 235,000 Publications and Printing $ -0- Equipment Purchases $ 8,000 Computer Charges $ -0- Real Estate Rentals $ 720 Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 2,151,908 Total Expenditures Authorized $ 2,130,389 State Funds Budgeted $ -0- Total Positions Budgeted 23 10. Communication Services Budget: Personal Services $ 2,303,566 Regular Operating Expenses $ 376,405 Travel $ 11,000 Motor Vehicle Equipment Purchases $ 50,600 Publications and Printing $ 59,000 Equipment Purchases $ 21,380 Computer Charges $ 128,044 Real Estate Rentals $ 57,503 Telecommunications $ 385 Per Diem, Fees and Contracts $ 5,000 Telephone Billings $ 24,000,000 Total Funds Budgeted $ 27,012,883 Total Expenditures Authorized $ 26,982,755 State Funds Budgeted $ 6,000,000 Total Positions Budgeted 106 11. Printing Services Budget: Personal Services $ 1,333,629 Regular Operating Expenses $ 1,677,184 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 50,000 Computer Charges $ -0- Real Estate Rentals $ 128,170 Telecommunications $ -0- Materials for Resale $ 400,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 3,588,983 Total Expenditures Authorized $ 3,557,094 State Funds Budgeted $ -0- Total Positions Budgeted 71 12. Surplus Property Services Budget: Personal Services $ 713,413 Regular Operating Expenses $ 261,060 Travel $ 25,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 7,400 Computer Charges $ 2,200 Real Estate Rentals $ 6,000 Telecommunications $ 13,170 Materials for Resale $ 25,000 Per Diem, Fees and Contracts $ 12,000 Utilities $ 23,980 Total Funds Budgeted $ 1,089,523 State Funds Budgeted $ 144,906 Total Positions Budgeted 44 13. Mail and Courier Services Budget: Personal Services $ 147,757 Regular Operating Expenses $ 122,254 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 2,239 Telecommunications $ -0- Materials for Resale $ -0- Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 272,250 Total Expenditures Authorized $ 269,528 State Funds Budgeted $ -0- Total Positions Budgeted 10 14. Self-Insurance Services Budget: Personal Services $ 520,423 Regular Operating Expenses $ 21,100 Travel $ 24,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ 900 Computer Charges $ 60,000 Real Estate Rentals $ 26,227 Telecommunications $ 9,179 Materials for Resale $ -0- Per Diem, Fees and Contracts $ 20,000 Total Funds Budgeted $ 684,829 Total Expenditures Authorized $ 678,102 State Funds Budgeted $ -0- Total Positions Budgeted 23 Budget Unit Object Classes: Personal Services $ 25,163,041 Regular Operating Expenses $ 5,896,656 Travel $ 153,100 Motor Vehicle Equipment Purchases $ 285,600 Publications and Printing $ 351,000 Equipment Purchases $ 147,262 Computer Charges $ 5,380,344 Real Estate Rentals $ 1,481,424 Telecommunications $ 434,845 Per Diem, Fees and Contracts $ 873,800 Rents and Maintenance Expense $ 15,756,796 Utilities $ 23,980 Payments to DOAS Fiscal Administration $ 2,270,896 Direct Payments to Georgia Building Authority for Operations $ -0- Direct Payments to Georgia Building Authority for Capital Outlay $ 2,001,792 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 850,000 Direct Payments to Georgia Building Authority for Floyd Buildings Operations $ 1,200,000 State Liability Self-Insurance Reserve $ -0- Telephone Billings $ 24,000,000 Materials for Resale $ 5,825,000 Public Safety Officers Indemnity Fund $ 608,800 Total Positions Budgeted 1,111 Authorized Motor Vehicles 284 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 $ 359,568 Data Processing Service $ 37,636,837 Motor Pool Service $ 2,130,389 Communication Services $ 26,982,755 Printing Services $ 3,557,094 Total $ 70,666,643 except to provide general salary increase 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 services. Provided further, the State Auditor shall report any exceptions or violations of this intent in the 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. Provided, however, the Department is authorized to construct from available funds a surplus property storage facility adjacent to the current facility in Swainsboro, the cost not to exceed $22,000. B. Budget Unit: Georgia Building Authority $ -0- Georgia Building Authority Budget: Personal Services $ 10,391,527 Regular Operating Expenses $ 2,771,582 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 32,000 Equipment Purchases $ 110,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 60,000 Per Diem, Fees and Contracts $ 115,000 Capital Outlay $ 2,001,792 Authority Lease Rentals $ 1,039,500 Utilities $ 4,700,000 Facilities Renovations and Repairs $ -0- Total Funds Budgeted $ 21,225,401 State Funds Budgeted $ -0- Total Positions Budgeted 507 Budget Unit Object Classes: Personal Services $ 10,391,527 Regular Operating Expenses $ 2,771,582 Travel $ 4,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 32,000 Equipment Purchases $ 110,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 60,000 Per Diem, Fees and Contracts $ 115,000 Capital Outlay $ 2,001,792 Authority Lease Rentals $ 1,039,500 Utilities $ 4,700,000 Facilities Renovations and Repairs $ -0- Total Positions Budgeted 507 Authorized Motor Vehicles 39 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.

Page 1892

Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 21,934,919 1. Plant Industry Budget: Personal Services $ 3,469,800 Regular Operating Expenses $ 303,871 Travel $ 103,715 Motor Vehicle Equipment Purchases $ 57,800 Publications and Printing $ 28,000 Equipment Purchases $ 70,610 Computer Charges $ -0- Real Estate Rentals $ 2,553 Telecommunications $ 42,381 Per Diem, Fees and Contracts $ 1,300 Total Funds Budgeted $ 4,080,030 State Funds Budgeted $ 3,530,505 Total Positions Budgeted 185 2. Animal Industry Budget: Personal Services $ 1,148,000 Regular Operating Expenses $ 118,480 Travel $ 43,500 Motor Vehicle Equipment Purchases $ 43,500 Publications and Printing $ 10,800 Equipment Purchases $ 3,700 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 46,563 Per Diem, Fees and Contracts $ 75,000 Athens Veterinary Laboratory Contract $ 434,550 Tifton Veterinary Laboratory Contract $ 796,400 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston, Statesboro and Tifton $ 955,000 Veterinary Fees $ 525,000 Indemnities $ 75,000 Capital Outlay $ -0- Total Funds Budgeted $ 4,275,493 State Funds Budgeted $ 3,906,979 Total Positions Budgeted 56 3. Marketing Budget: Personal Services $ 869,200 Regular Operating Expenses $ 137,440 Travel $ 53,000 Motor Vehicle Equipment Purchases $ 7,250 Publications and Printing $ 19,980 Equipment Purchases $ 9,275 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 38,250 Per Diem, Fees and Contracts $ 33,000 Advertising $ 55,000 Major Repairs and Maintenance Projects at Major and Minor Markets $ 95,000 Total Funds Budgeted $ 1,317,395 State Funds Budgeted $ 1,299,590 Total Positions Budgeted 42 4. Major Markets Budget: Personal Services $ 1,814,000 Regular Operating Expenses $ 751,045 Travel $ 10,050 Motor Vehicle Equipment Purchases $ 23,100 Publications and Printing $ 6,000 Equipment Purchases $ 13,425 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 36,720 Advertising $ 35,000 Per Diem, Fees and Contracts $ 24,650 Major Repairs and Maintenance Projects at Major and Minor Markets $ 305,000 Total Funds Budgeted $ 3,018,990 State Funds Budgeted $ 507,798 Total Positions Budgeted 115 5. General Agricultural Field Forces Budget: Personal Services $ 1,930,000 Regular Operating Expenses $ 118,404 Travel $ 188,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 3,900 Computer Charges $ -0- Real Estate Rentals $ 3,600 Telecommunications $ 19,000 Per Diem, Fees and Contracts $ 200 Total Funds Budgeted $ 2,267,104 State Funds Budgeted $ 2,244,433 Total Positions Budgeted 112 6. Internal Administration Budget: Personal Services $ 1,217,000 Regular Operating Expenses $ 214,138 Travel $ 28,000 Motor Vehicle Equipment Purchases $ 7,200 Publications and Printing $ 18,000 Equipment Purchases $ 6,220 Computer Charges $ 128,362 Real Estate Rentals $ 515,900 Telecommunications $ 43,000 Per Diem, Fees and Contracts $ 1,000 Contract - Federation of Southern Cooperatives $ 10,000 Total Funds Budgeted $ 2,188,820 State Funds Budgeted $ 2,123,108 Total Positions Budgeted 57 7. Information and Education Budget: Personal Services $ 143,000 Regular Operating Expenses $ 14,140 Travel $ 1,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 370,000 Equipment Purchases $ 4,225 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 6,732 Per Diem, Fees and Contracts $ -0- Market Bulletin Postage $ 748,765 Total Funds Budgeted $ 1,287,962 State Funds Budgeted $ 1,275,082 Total Positions Budgeted 9 8. Fuel and Measures Standards Budget: Personal Services $ 1,250,000 Regular Operating Expenses $ 232,373 Travel $ 90,100 Motor Vehicle Equipment Purchases $ 121,300 Publications and Printing $ 6,000 Equipment Purchases $ 21,100 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 15,964 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,736,837 State Funds Budgeted $ 1,716,004 Total Positions Budgeted 74 9. Consumer Services Budget: Personal Services $ 640,000 Regular Operating Expenses $ 66,051 Travel $ 18,000 Motor Vehicle Equipment Purchases $ 22,250 Publications and Printing $ 6,200 Equipment Purchases $ 2,500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,502 Per Diem, Fees and Contracts $ 500 Total Funds Budgeted $ 776,003 State Funds Budgeted $ 768,243 Total Positions Budgeted 30 10. Consumer Protection Field Forces Budget: Personal Services $ 2,903,000 Regular Operating Expenses $ 132,323 Travel $ 174,600 Motor Vehicle Equipment Purchases $ 36,150 Publications and Printing $ 8,200 Equipment Purchases $ 13,300 Computer Charges $ -0- Real Estate Rentals $ 6,240 Telecommunications $ 34,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 3,307,813 State Funds Budgeted $ 2,581,735 Total Positions Budgeted 134 11. Meat Inspection Budget: Personal Services $ 2,612,000 Regular Operating Expenses $ 77,466 Travel $ 175,309 Motor Vehicle Equipment Purchases $ 29,000 Publications and Printing $ 3,542 Equipment Purchases $ 660 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 19,584 Per Diem, Fees and Contracts $ 114,300 Total Funds Budgeted $ 3,031,861 State Funds Budgeted $ 1,206,845 Total Positions Budgeted 130 12. Fire Ant Control 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- Fire Ant Bait (approved by Federal Government) $ 500,000 Total Funds Budgeted $ 500,000 State Funds Budgeted $ 500,000 Total Positions Budgeted 0 13. Georgia Agrirama Development Authority Budget: Direct Payments to Georgia Agrirama Development Authority for Operations $ 274,597 Total Funds Budgeted $ 274,597 State Funds Budgeted $ 274,597 Total Positions Budgeted 0 14. Seed Technology and Development Personal Services $ 169,615 Regular Operating Expenses $ 7,400 Travel $ 3,000 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- Total Funds Budgeted $ 180,015 State Funds Budgeted $ -0- Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 18,165,615 Regular Operating Expenses $ 2,173,131 Travel $ 888,374 Motor Vehicle Equipment Purchases $ 347,550 Publications and Printing $ 480,722 Equipment Purchases $ 148,915 Computer Charges $ 128,362 Real Estate Rentals $ 528,293 Telecommunications $ 322,696 Per Diem, Fees and Contracts $ 249,950 Market Bulletin Postage $ 748,765 Fire Ant Bait (approved by Federal Government) $ 500,000 Athens Veterinary Laboratory Contract $ 434,550 Tifton Veterinary Laboratory Contract $ 796,400 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Royston Statesboro and Tifton $ 955,000 Veterinary Fees $ 525,000 Indemnities $ 75,000 Advertising Contract $ 90,000 Direct Payments to Georgia Agrirama Development Authority for Operations $ 274,597 Repairs to Major and Minor Markets $ 400,000 Contract - Federation of Southern Cooperatives $ 10,000 Capital Outlay $ -0- Total Positions Budgeted 952 Authorized Motor Vehicles 259 Provided, that of the above appropriation relative to Regular Operating Expenses, $45,000 is designated and committed for livestock shows relating to research and promoting and $10,000 is designated and committed for 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. Provided, that of the above appropriation relating to Repairs to Major and Minor Markets, no expenditure shall be made without prior approval of the Georgia Building Authority (Markets). It is the intent of this General Assembly that the Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and that no new fees be imposed on Georgia farmers. Provided however, of the above appropriated amount, $25,000 is designated and committed for on-farm testing for brucellosis in cattle to be transported out of Georgia. B. Budget Unit: Georgia Agrirama Development Authority $ -0- Georgia Agrirama Development Authority Budget: Personal Services $ 451,000 Regular Operating Expenses $ 100,000 Travel $ 6,732 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,610 Equipment Purchases $ 625 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,700 Per Diem, Fees and Contracts $ 26,488 Capital Outlay $ 41,950 Goods for Resale $ 91,885 Sales Tax $ 10,300 Total Funds Budgeted $ 749,290 State Funds Budgeted $ -0- Total Positions Budgeted 27 Budget Unit Object Classes: Personal Services $ 451,000 Regular Operating Expenses $ 100,000 Travel $ 6,732 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,610 Equipment Purchases $ 625 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,700 Per Diem, Fees and Contracts $ 26,488 Capital Outlay $ 41,950 Sales Tax $ 10,300 Goods for Resale $ 91,885 Total Positions Budgeted 27 Authorized Motor Vehicles 5

Page 1899

Provided, the Authority is hereby authorized to budget additional agency income for the purpose of providing a retirement plan for its employees.

Page 1900

Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 3,158,431 Administration and Examination Budget: Personal Services $ 2,610,000 Regular Operating Expenses $ 142,485 Travel $ 234,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 6,100 Computer Charges $ 9,889 Real Estate Rentals $ 117,450 Telecommunications $ 31,400 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 3,189,324 State Funds Budgeted $ 3,158,431 Total Positions Budgeted 102 Budget Unit Object Classes: Personal Services $ 2,610,000 Regular Operating Expenses $ 142,485 Travel $ 234,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 6,100 Computer Charges $ 9,889 Real Estate Rentals $ 117,450 Telecommunications $ 31,400 Per Diem, Fees and Contracts $ 2,000 Total Positions Budgeted 102 Authorized Motor Vehicles 21 Section 16. Department of Community Affairs. A. Budget Unit: Department of Community Affairs $ 4,273,114 1. Executive and Administrative Budget: Personal Services $ 616,450 Regular Operating Expenses $ 40,610 Travel $ 12,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,500 Equipment Purchases $ -0- Computer Charges $ 100 Real Estate Rentals $ 95,179 Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 9,000 Capital Felony Expenses $ 50,000 Multi-State Transportation Board $ 10,000 Grants to Area Planning and Development Commissions $ 1,350,000 Grants for Revitalization Projects $ 160,000 Local Assistance Grants $ 348,000 Total Funds Budgeted $ 2,709,839 State Funds Budgeted $ 2,495,364 Total Positions Budgeted 21 2. Technical Assistance Budget: Personal Services $ 452,635 Regular Operating Expenses $ 21,950 Travel $ 34,000 Motor Vehicle Equipment Purchases $ 6,200 Publications and Printing $ 10,100 Equipment Purchases $ 530 Computer Charges $ 900 Real Estate Rentals $ 26,396 Telecommunications $ 11,550 Per Diem, Fees and Contracts $ 24,100 Total Funds Budgeted $ 588,361 State Funds Budgeted $ 568,617 Total Positions Budgeted 17 3. Information Services Budget: Personal Services $ 243,800 Regular Operating Expenses $ 7,240 Travel $ 5,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,500 Equipment Purchases $ -0- Computer Charges $ 1,500 Real Estate Rentals $ 8,858 Telecommunications $ 3,000 Per Diem, Fees and Contracts $ 5,600 Postage $ -0- Juvenile Justice Grant $ 1,000,000 Capital Outlay $ -0- Total Funds Budgeted $ 1,278,098 State Funds Budgeted $ 160,621 Total Positions Budgeted 9 4. Community Betterment Budget: Personal Services $ 300,770 Regular Operating Expenses $ 11,060 Travel $ 20,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 14,047 Telecommunications $ 7,300 Per Diem, Fees and Contracts $ 5,450 Total Funds Budgeted $ 362,627 State Funds Budgeted $ 359,001 Total Positions Budgeted 11 5. Community Development Budget: Personal Services $ 755,410 Regular Operating Expenses $ 25,965 Travel $ 61,320 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,300 Equipment Purchases $ -0- Computer Charges $ 4,500 Real Estate Rentals $ 41,280 Telecommunications $ 39,800 Per Diem, Fees and Contracts $ 45,600 Appalachian Regional Commission Assessment $ 56,720 Total Funds Budgeted $ 1,052,895 State Funds Budgeted $ 689,511 Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 2,369,065 Regular Operating Expenses $ 106,825 Travel $ 132,920 Motor Vehicle Equipment Purchases $ 6,200 Publications and Printing $ 46,400 Equipment Purchases $ 530 Computer Charges $ 7,000 Real Estate Rentals $ 185,760 Telecommunications $ 72,650 Per Diem, Fees and Contracts $ 89,750 Capital Felony Expenses $ 50,000 Grants to Area Planning and Development Commissions $ 1,350,000 Local Assistance Grants $ 348,000 Grants to Revitalization Projects $ 160,000 Appalachian Regional Commission Assessment $ 56,720 Multi-State Transportation Board $ 10,000 Juvenile Justice Grants $ 1,000,000 Total Positions Budgeted 86 Authorized Motor Vehicles 4 Provided that of the above appropriations $10,000 is designated and committed for The Multi-State Transportation Board. Provided, that of the above appropriation relating to Grants for Revitalization Projects, $160,000 is designated and committed for grants to cities and counties for revitalization projects in depressed downtown areas. Provided, however, that of the above appropriation relative to grants to Area Planning and Development Commissions, $1,350,000.00 is designated and committed for Area Planning and Development Commissions to carry out their duties as defined in Code Chapter 50-8-35(1), (2) and (4). B. Budget Unit: Georgia Residential Finance Authority $ -0- Georgia Residential Finance Authority Budget: Personal Services $ 1,666,686 Regular Operating Expenses $ 176,864 Travel $ 85,400 Motor Vehicle Equipment Purchases $ 55,000 Publications and Printing $ 40,500 Equipment Purchases $ 32,750 Computer Charges $ 14,500 Real Estate Rentals $ 102,556 Telecommunications $ 75,500 Per Diem, Fees and Contracts $ 300,650 Rental Assistance Payments $ 10,264,214 Grants to Housing Sponsors $ 475,000 Total Funds Budgeted $ 13,289,620 State Funds Budgeted $ -0- Total Positions Budgeted 73 Authorized Motor Vehicles 29 Budget Unit Object Classes: Personal Services $ 1,666,686 Regular Operating Expenses $ 176,864 Travel $ 85,400 Motor Vehicle Equipment Purchases $ 55,000 Publications and Printing $ 40,500 Equipment Purchases $ 32,750 Computer Charges $ 14,500 Real Estate Rentals $ 102,556 Telecommunications $ 75,500 Per Diem, Fees and Contracts $ 300,650 Rental Assistance Payments $ 10,264,214 Grants to Housing Sponsors $ 475,000 Total Positions Budgeted 73 Authorized Motor Vehicles 29

Page 1904

Section 17. Office of Comptroller General. Budget Unit: Office of Comptroller General $ 5,589,561 1. Internal Administration Budget: Personal Services $ 501,600 Regular Operating Expenses $ 90,028 Travel $ 5,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,500 Equipment Purchases $ 165 Computer Charges $ 232,080 Real Estate Rentals $ -0- Telecommunications $ 14,538 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 851,411 State Funds Budgeted $ 833,257 Total Positions Budgeted 21 2. Insurance Regulation Budget: Personal Services $ 1,009,987 Regular Operating Expenses $ 48,735 Travel $ 6,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 101,940 Equipment Purchases $ 2,480 Computer Charges $ 49,185 Real Estate Rentals $ 20,195 Telecommunications $ 23,888 Per Diem, Fees and Contracts $ 3,000 Computer Equipment and Feasibility Study $ -0- Total Funds Budgeted $ 1,266,160 State Funds Budgeted $ 1,169,503 Total Positions Budgeted 46 3. Industrial Loans Regulation Budget: Personal Services $ 342,000 Regular Operating Expenses $ 21,094 Travel $ 19,000 Motor Vehicle Equipment Purchases $ 5,500 Publications and Printing $ 5,250 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,592 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 398,436 State Funds Budgeted $ 394,507 Total Positions Budgeted 14 4. Information and Enforcement Budget: Personal Services $ 930,000 Regular Operating Expenses $ 36,935 Travel $ 28,224 Motor Vehicle Equipment Purchases $ 7,250 Publications and Printing $ 3,400 Equipment Purchases $ 800 Computer Charges $ -0- Real Estate Rentals $ 21,753 Telecommunications $ 31,578 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 1,059,940 State Funds Budgeted $ 1,049,341 Total Positions Budgeted 45 5. Fire Safety and Mobile Home Regulation Budget: Personal Services $ 2,094,000 Regular Operating Expenses $ 94,274 Travel $ 135,000 Motor Vehicle Equipment Purchases $ 93,000 Publications and Printing $ 16,500 Equipment Purchases $ 2,172 Computer Charges $ -0- Real Estate Rentals $ 36,844 Telecommunications $ 27,297 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 2,509,087 State Funds Budgeted $ 2,142,953 Total Positions Budgeted 104 Budget Unit Object Classes: Personal Services $ 4,877,587 Regular Operating Expenses $ 291,066 Travel $ 194,474 Motor Vehicle Equipment Purchases $ 105,750 Publications and Printing $ 134,590 Equipment Purchases $ 5,617 Computer Charges $ 281,265 Real Estate Rentals $ 78,792 Telecommunications $ 102,893 Computer Equipment and Feasibility Study $ -0- Per Diem, Fees and Contracts $ 13,000 Total Positions Budgeted 230 Authorized Motor Vehicles 57

Page 1907

Section 18. Department of Defense. Budget Unit: Department of Defense $ 2,691,898 1. Administration and Support of State Militia Budget: Personal Services $ 858,500 Regular Operating Expenses $ 99,200 Travel $ 3,000 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 20,850 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 23,500 Per Diem, Fees and Contracts $ 19,800 Military Assistance to Safety and Traffic Grant $ -0- Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 40,000 Capital Outlay $ -0- Total Funds Budgeted $ 1,090,850 State Funds Budgeted $ 1,065,225 Total Positions Budgeted 36 2. Civil Defense Budget: Personal Services $ 794,306 Regular Operating Expenses $ 103,920 Travel $ 17,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,100 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 3,600 Telecommunications $ 32,500 Per Diem, Fees and Contracts $ 26,000 Local Civil Defense Grants - Project Application $ 30,000 Local Civil Defense Grants - Training $ 45,000 Total Funds Budgeted $ 1,066,826 State Funds Budgeted $ 556,063 Total Positions Budgeted 33 3. Construction and Facilities Maintenance Budget: Personal Services $ 112,250 Regular Operating Expenses $ 118,140 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 18,700 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 1,500 Grants to National Guard Units $ 362,140 Repairs and Renovations $ 43,000 Capital Outlay $ 5,242 Total Funds Budgeted $ 662,972 State Funds Budgeted $ 660,446 Total Positions Budgeted 5 4. Disaster Preparedness and Recovery Budget: Personal Services $ 268,950 Regular Operating Expenses $ 17,540 Travel $ 13,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,500 Equipment Purchases $ 350 Computer Charges $ -0- Real Estate Rentals $ 5,000 Telecommunications $ 3,250 Per Diem, Fees and Contracts $ 600 Total Funds Budgeted $ 315,190 State Funds Budgeted $ 21,648 Total Positions Budgeted 12 5. Service Contracts Budget: Personal Services $ 2,062,519 Regular Operating Expenses $ 1,677,760 Travel $ 2,100 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- Repairs and Renovations $ 75,000 Total Funds Budgeted $ 3,817,379 State Funds Budgeted $ 388,516 Total Positions Budgeted 121 Budget Unit Object Classes: Personal Services $ 4,096,525 Regular Operating Expenses $ 2,016,560 Travel $ 37,500 Motor Vehicle Equipment Purchases $ 8,000 Publications and Printing $ 41,450 Equipment Purchases $ 19,050 Computer Charges $ -0- Real Estate Rentals $ 8,600 Telecommunications $ 59,250 Per Diem, Fees and Contracts $ 47,900 Military Assistance to Safety and Traffic Grant $ -0- National Guard Units Grants $ 362,140 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 40,000 Capital Outlay $ 5,242 Local Civil Defense Grants - Project Application $ 30,000 Local Civil Defense Grants - Training $ 45,000 Repairs and Renovations $ 118,000 Total Positions Budgeted 207 Authorized Motor Vehicles 20

Page 1909

Section 19. State Board of Education - Department of Education. A. Budget Unit: Department of Education $ 1,330,677,009 1. Instructional Services Budget: Personal Services $ 4,212,485 Regular Operating Expenses $ 807,420 Travel $ 284,040 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 283,980 Equipment Purchases $ 22,845 Real Estate Rentals $ 152,900 Telecommunications $ 118,510 Per Diem, Fees and Contracts $ 140,250 Utilities $ 4,000 Total Funds Budgeted $ 6,026,430 Indirect DOAS Services Funding $ 51,000 State Funds Budgeted $ 3,492,599 Total Positions Budgeted 189 2. Governor's Honors Program Budget: Personal Services $ 272,420 Regular Operating Expenses $ 24,635 Travel $ 3,395 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,600 Equipment Purchases $ 1,000 Real Estate Rentals $ 2,880 Telecommunications $ 5,695 Per Diem, Fees and Contracts $ 355,920 Total Funds Budgeted $ 667,545 State Funds Budgeted $ 660,870 Total Positions Budgeted 2 3. Vocational Education Budget: Personal Services $ 2,897,980 Regular Operating Expenses $ 174,120 Travel $ 223,725 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 66,040 Equipment Purchases $ 7,385 Real Estate Rentals $ 151,520 Telecommunications $ 87,930 Per Diem, Fees and Contracts $ 2,251,200 Utilities $ 11,870 Total Funds Budgeted $ 5,871,770 State Funds Budgeted $ 2,068,084 Total Positions Budgeted 111 4. Public Library Services Budget: Personal Services $ 906,000 Regular Operating Expenses $ 173,240 Travel $ 16,625 Publications and Printing $ 13,000 Equipment Purchases $ 6,200 Real Estate Rentals $ 152,065 Telecommunications $ 38,760 Per Diem, Fees and Contracts $ 85,200 Utilities $ 11,710 Total Funds Budgeted $ 1,402,800 State Funds Budgeted $ 801,954 Total Positions Budgeted 52 5. State Administration Budget: Personal Services $ 926,000 Regular Operating Expenses $ 251,870 Travel $ 37,555 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,000 Equipment Purchases $ 6,000 Real Estate Rentals $ 56,330 Telecommunications $ 26,590 Per Diem, Fees and Contracts $ 242,000 Total Funds Budgeted $ 1,560,345 State Funds Budgeted $ 1,189,188 Total Positions Budgeted 32 6. Administrative Services Budget: Personal Services $ 4,900,000 Regular Operating Expenses $ 229,625 Travel $ 339,095 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 182,835 Equipment Purchases $ 17,525 Computer Charges $ 857,250 Real Estate Rentals $ 261,340 Telecommunications $ 117,720 Per Diem, Fees and Contracts $ 74,250 Utilities $ 6,895 Total Funds Budgeted $ 6,986,535 Indirect DOAS Services Funding $ 289,000 State Funds Budgeted $ 4,428,312 Total Positions Budgeted 219 7. Certification of Public School Personnel Budget: Personal Services $ 536,640 Regular Operating Expenses $ 30,135 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 30,000 Telecommunications $ 17,820 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 623,595 State Funds Budgeted $ 579,716 Total Positions Budgeted 32 8. Planning and Development Budget: Personal Services $ 2,201,430 Regular Operating Expenses $ 74,495 Travel $ 100,305 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 73,650 Equipment Purchases $ 5,350 Real Estate Rentals $ 95,230 Telecommunications $ 56,885 Per Diem, Fees and Contracts $ 1,294,460 Total Funds Budgeted $ 3,901,805 State Funds Budgeted $ 3,143,606 Total Positions Budgeted 79 9. Professional Standards Commission Budget: Personal Services $ 55,220 Regular Operating Expenses $ 10,090 Travel $ 2,000 Publications and Printing $ 6,050 Equipment Purchases $ -0- Real Estate Rentals $ 4,700 Telecommunications $ 3,100 Per Diem, Fees and Contracts $ 49,645 Total Funds Budgeted $ 130,805 State Funds Budgeted $ 129,497 Total Positions Budgeted 2 10. Vocational Advisory Council Budget: Personal Services $ 80,045 Regular Operating Expenses $ 14,160 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,000 Equipment Purchases $ 2,600 Computer Charges $ -0- Real Estate Rentals $ 7,000 Telecommunications $ 3,830 Per Diem, Fees and Contracts $ 25,000 Total Funds Budgeted $ 149,635 State Funds Budgeted $ -0- Total Positions Budgeted 3 11. Professional Practices Commission Budget: Personal Services $ 215,000 Regular Operating Expenses $ 9,585 Travel $ 12,640 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,600 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 20,150 Telecommunications $ 5,930 Per Diem, Fees and Contracts $ 46,000 Total Funds Budgeted $ 310,905 State Funds Budgeted $ 308,096 Total Positions Budgeted 8 12. Local Programs Budget: APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) (Code Section 20-2-157(a)) $ 544,949,673 Salaries of Instructional Personnel (Sec. 5) (Code Section 20-2-152) $ 94,051,289 Salaries of Instructional Personnel $ 21,550,825 Salaries of Student Supportive Personnel $ 23,955,725 Salaries of Administrative and Supervisory Personnel $ 63,945,511 Special Education Leadership Personnel $ 3,025,845 Instructional Media $ 19,781,030 Instructional Equipment $ 684,906 Maintenance and Operation $ 92,292,081 Sick and Personal Leave $ 5,494,770 Travel $ 1,004,534 Pupil Transportation $ 81,662,900 Isolated Schools $ 507,354 Mid-Term Adjustment $ -0- Non-APEG Grants: Education of Children of Low-Income Families $ 74,806,645 Teacher Retirement $ 93,462,616 Instructional Services for the Handicapped $ 21,441,620 Preparation of Professional Personnel in Education of Handicapped Children $ 65,000 Tuition for the Multi-handicapped $ 1,172,000 Severely Emotionally Disturbed $ 15,229,291 Compensatory Education $ 16,331,747 School Lunch (Federal) $ 101,184,050 School Lunch (State) $ 14,565,705 Supplementary Education Centers and Services $ -0- Staff Development $ 927,500 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 3,568,657 Cooperative Educational Service Agencies $ 3,816,447 Superintendents' Salaries $ 4,670,931 High School Program $ 26,736,897 Area Vocational-Technical Schools $ 57,467,362 Junior College Vocational Program $ 2,468,383 Quick Start Program $ 2,800,000 Comprehensive Employment and Training $ 3,595,000 Vocational Research and Curriculum $ 974,980 Adult Education $ 3,621,358 Salaries and Travel of Public Librarians $ 4,218,764 Public Library Materials $ 3,515,912 Talking Book Centers $ 684,527 Public Library Maintenance and Operation $ 2,671,286 Public Library Construction $ -0- Competency-Based High School Graduation Requirements $ 250,000 Instructional Aides $ 8,907,836 Teacher Health Insurance $ 32,339,000 Capital Outlay $ 225,000 Grants to Local School Systems for Educational Purposes $ 75,000,000 Indo-Chinese Refugee $ -0- Salaries of Extended Pre-School Personnel $ 10,099,424 Chapter II - Block Grant Flow Through $ 8,879,225 Area Vocational Technical School Construction $ -0- Total Funds Budgeted $ 1,548,603,606 State Funds Budgeted $ 1,313,875,087 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 17,203,220 Regular Operating Expenses $ 1,799,375 Travel $ 1,027,880 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 660,255 Equipment Purchases $ 68,905 Computer Charges $ 857,250 Real Estate Rentals $ 934,115 Telecommunications $ 482,770 Per Diem, Fees and Contracts $ 4,563,925 Utilities $ 34,475 APEG Grants: Salaries of Instructional Personnel (Sec. 10(a) (1) and 10(a) (2)) (Code Section 20-2-157(a)) $ 544,949,673 Salaries of Instructional Personnel (Sec. 5) (Code Section 20-2-152) $ 94,051,289 Salaries of Instructional Personnel $ 21,550,825 Salaries of Student Supportive Personnel $ 23,955,725 Salaries of Administrative and Supervisory Personnel $ 63,945,511 Special Education Leadership Personnel $ 3,025,845 Instructional Media $ 19,781,030 Instructional Equipment $ 684,906 Maintenance and Operation $ 92,292,081 Sick and Personal Leave $ 5,494,770 Travel $ 1,004,534 Pupil Transportation - Regular $ 81,662,900 Isolated Schools $ 507,354 Mid-Term Adjustment $ -0- Non-APEG Grants: Education of Children of Low-Income Families $ 74,806,645 Teacher Retirement $ 93,462,616 Instructional Services for the Handicapped $ 21,441,620 Preparation of Professional Personnel in Education of Handicapped Children $ 65,000 Tuition for the Multi-handicapped $ 1,172,000 Severely Emotionally Disturbed $ 15,229,291 Compensatory Education $ 16,331,747 School Lunch (Fed.) $ 101,184,050 School Lunch (State) $ 14,565,705 Supplementary Education Centers and Services $ -0- Staff Development $ 927,500 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 3,568,657 Cooperative Educational Service Areas $ 3,816,447 Superintendents Salaries $ 4,670,931 High School Program $ 26,736,897 Area School Program $ 57,467,362 Junior College Program $ 2,468,383 Quick Start $ 2,800,000 Comprehensive Employment and Training $ 3,595,000 Vocational Research and Curriculum $ 974,980 Adult Education $ 3,621,358 Salaries and Travel of Public Librarians $ 4,218,764 Public Library Materials $ 3,515,912 Talking Book Centers $ 684,527 Public Library M O $ 2,671,286 Public Library Construction $ -0- Competency-Based High School Graduation Requirements $ 250,000 Instructional Aides $ 8,907,836 Teacher Health Insurance $ 32,339,000 Capital Outlay $ 225,000 Grants to Local School Systems for Educational Purposes $ 75,000,000 Indo-Chinese Refugee $ -0- Salaries of Extended Pre-School Personnel $ 10,099,424 Area Vo-Tech School Construction $ -0- Chapter II Block Grant Flow Through $ 8,879,225 Total Positions Budgeted 729 Authorized Motor Vehicles 17 B. Budget Unit: Institutions $ 14,364,847 1. Georgia Academy for the Blind Budget: Personal Services $ 2,393,390 Regular Operating Expenses $ 270,300 Travel 3,150 Motor Vehicle Equipment Purchases $ 38,880 Publications and Printing $ 3,845 Equipment Purchases $ 30,000 Telecommunications $ 16,700 Per Diem, Fees and Contracts $ 8,500 Utilities $ 163,165 Capital Outlay $ 12,000 Total Funds Budgeted $ 2,939,930 State Funds Budgeted $ 2,649,107 Total Positions Budgeted 154 2. Georgia School for the Deaf Budget: Personal Services $ 4,264,300 Regular Operating Expenses $ 553,925 Travel $ 9,500 Motor Vehicle Equipment Purchases $ 26,900 Publications and Printing $ -0- Equipment Purchases $ 19,220 Telecommunications $ 21,285 Per Diem, Fees and Contracts $ 12,650 Utilities $ 306,000 Capital Outlay $ 4,000 Total Funds Budgeted $ 5,217,780 State Funds Budgeted $ 4,810,541 Total Positions Budgeted 265 3. Atlanta Area School for the Deaf Budget: Personal Services $ 1,722,610 Regular Operating Expenses $ 184,359 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 39,900 Telecommunications $ 21,025 Per Diem, Fees and Contracts $ 6,000 Utilities $ 110,000 Capital Outlay $ -0- Total Funds Budgeted $ 2,088,894 State Funds Budgeted $ 1,856,669 Total Positions Budgeted 94 4. North Georgia Vocational-Technical School Budget: Personal Services $ 2,291,810 Regular Operating Expenses $ 674,195 Travel $ 16,630 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 244,685 Telecommunications $ 15,265 Per Diem, Fees and Contracts $ -0- Utilities $ 274,480 Capital Outlay $ 129,214 Total Funds Budgeted $ 3,652,279 State Funds Budgeted $ 2,672,688 Total Positions Budgeted 104 5. South Georgia Vocational-Technical School Budget: Personal Services $ 1,896,420 Regular Operating Expenses $ 508,825 Travel $ 15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,500 Equipment Purchases $ 235,430 Telecommunications $ 17,290 Per Diem, Fees and Contracts $ 11,750 Utilities $ 260,000 Capital Outlay $ 55,000 Total Funds Budgeted $ 3,004,215 State Funds Budgeted $ 2,375,842 Total Positions Budgeted 94 Budget Unit Object Classes: Personal Services $ 12,568,530 Regular Operating Expenses $ 2,191,604 Travel $ 47,780 Motor Vehicle Equipment Purchases $ 65,780 Publications and Printing $ 15,845 Equipment Purchases $ 569,235 Telecommunications $ 91,565 Per Diem, Fees and Contracts $ 38,900 Utilities $ 1,113,645 Capital Outlay $ 200,214 Total Positions Budgeted 711 Authorized Motor Vehicles 80

Page 1920

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, further, that for kindergarten programs, each system shall be allotted instructional units 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.

Page 1921

Provided, that of the above appropriation relative to Kindergarten Transportation, funds shall initially be allotted to local school systems on the basis of projected miles for mid-day transportation. However, allotments shall not exceed actual cost of midday transportation by the local system. Provided, however, in order to extend the halfday program to a full-day service in lieu of midday transportation services, local systems may elect to use transportation allotments to employ aides or certificated instructional personnel on a reimbursable basis to the extent that the $10,883 per unit will allow. Where the transportation allotment is used to employ additional personnel, reimbursable costs shall include salary, retirement and health insurance where eligible. 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. 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 prior to such unit being filled.

Page 1922

Furthermore, the Section 5 (Code Section 20-2-152) 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 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 (Code Section 20-2-158). Provided, that of the above appropriation for APEG Grants, it is the intent of this General Assembly that funds are included for allotment of instructional units under Section 10 for grades 1 - 2, at a ratio of 1:20 students in average daily attendance. Provided, 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) (Code Section 20-2-157(b)(2)) and Section 15 (MO) (Code Section 20-2-160). Provided, that of the above appropriation for $927,500 for Staff Development, $92,750 is designated and committed to fund a State level staff development program specifically for Special Education Teachers (Section 5) (Code Section 20-2-152) 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. Provided, that of the above appropriations relative to Section 5, 7, 10, 20, 21, and 21(d)(2) of

Page 1923

APEG (Code Sections 20-2-152, 20-2-153, 20-2-157, 20-2-181, and 20-2-181(d)(2)) for salaries, funds may be moved between said Sections by an amendment to the annual operating budget during the final month of the State fiscal year with the prior approval of the Office of Planning and Budget. 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 3 through 8 and shall be used for remedial purposes only. Provided, however, where a local system Compensatory Education Plan justifies the need, the State Board of Education may approve usage of these funds for remedial purposes in grades 1 and 2. Provided, that the funds appropriated herein for local school construction shall be used to complete the funding of those projects for which F.Y. 1983 entitlements were sufficient to cover eligible projects (pursuant to Section 48 of APEG) (Code Section 20-2-250), based on a total state entitlement of $100 million for F.Y. 1983. Provided, that of the above appropriation, relative to Capital Outlay, upon the merger of the Jackson County, Commerce and Jefferson City School Systems, $150,000 is designated and committed for planning and architectural design of the additional facilities needed to house comprehensive education programs at Commerce and Jefferson High Schools. Provided, that from the above appropriated amount for the High School Program-Local Program Budget up to $51,000, if available, is authorized to purchase vocational equipment for the Dodge County Comprehensive High School.

Page 1924

Provided, that from the above appropriated amount for the High School Program-Local Program Budget, $25,000 is designated and committed for the purchase of vocational equipment for Miller County High School. Such vocational technical schools shall not be authorized to offer or award associate, baccalaureate or graduate degrees, but shall be authorized to award diplomas or certificates for satisfactory completion of areas of study prescribed by the State Board of Education. Provided, that of the above appropriation relative to compensatory education, $3,585,000 is designated and committed for a compensatory education program for students in grade 10 and shall be used for remedial purposes only. These funds will be used for compensatory education teachers and auxiliary personnel in programs for students who fail or are at risk of failing to achieve the minimum standard level on the Georgia Basic Skills Test. Funds shall be distributed at the rate of $250 per student in grade 10 failing to achieve the minimum standard score on the math test or the reading test. Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System $ -0- Employees' Retirement System Budget: Personal Services $ 547,661 Regular Operating Expenses $ 13,650 Travel $ 8,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 4,500 Computer Charges $ 166,377 Real Estate Rentals $ 55,535 Telecommunications $ 11,633 Per Diem, Fees and Contracts $ 386,725 Postage $ 46,360 Employer Contribution $ -0- Total Funds Budgeted $ 1,253,441 State Funds Budgeted $ -0- Total Positions Budgeted 28 Budget Unit Object Classes: Personal Services $ 547,661 Regular Operating Expenses $ 13,650 Travel $ 8,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,600 Equipment Purchases $ 4,500 Computer Charges $ 166,377 Real Estate Rentals $ 55,535 Telecommunications $ 11,633 Per Diem, Fees and Contracts $ 386,725 Postage $ 46,360 Employer Contribution $ -0- Total Positions Budgeted 28 Authorized Motor Vehicles 1

Page 1925

Section 21. Forestry Commission. Budget Unit: Forestry Commission $ 21,114,448 1. Reforestation Budget: Personal Services $ 926,485 Regular Operating Expenses $ 774,345 Travel $ 5,200 Motor Vehicle Equipment Purchases $ 12,575 Publications and Printing $ 2,325 Equipment Purchases $ 10,600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 10,225 Per Diem, Fees and Contracts $ 16,560 Capital Outlay $ -0- Total Funds Budgeted $ 1,758,315 State Funds Budgeted $ 420,503 Total Positions Budgeted 34 2. Field Services Budget: Personal Services $ 14,923,195 Regular Operating Expenses $ 3,717,125 Travel $ 90,000 Motor Vehicle Equipment Purchases $ 868,275 Publications and Printing $ 23,300 Equipment Purchases $ 1,363,830 Computer Charges $ -0- Real Estate Rentals $ 10,130 Telecommunications $ 450,000 Per Diem, Fees and Contracts $ 38,345 Ware County Grant $ 60,000 Capital Outlay $ 150,000 Total Funds Budgeted $ 21,694,200 State Funds Budgeted $ 18,899,918 Total Positions Budgeted 807 3. General Administration and Support Budget: Personal Services $ 657,995 Regular Operating Expenses $ 98,170 Travel $ 16,060 Motor Vehicle Equipment Purchases $ 12,815 Publications and Printing $ 43,500 Equipment Purchases $ 2,550 Computer Charges $ 199,755 Real Estate Rentals $ -0- Telecommunications $ 18,200 Per Diem, Fees and Contracts $ 5,685 Contractual Research $ 352,000 Herty Foundation $ -0- Total Funds Budgeted $ 1,406,730 State Funds Budgeted $ 1,394,027 Total Positions Budgeted 25 4. Wood Energy Budget: Wood Energy Program $ 400,000 Total Funds Budgeted $ 400,000 State Funds Budgeted $ 400,000 Total Positions Budgeted 4 Budget Unit Object Classes: Personal Services $ 16,507,675 Regular Operating Expenses $ 4,589,640 Travel $ 111,260 Motor Vehicle Equipment Purchases $ 893,665 Publications and Printing $ 69,125 Equipment Purchases $ 1,376,980 Computer Charges $ 199,755 Real Estate Rentals $ 10,130 Telecommunications $ 478,425 Per Diem, Fees and Contracts $ 60,590 Contractual Research $ 352,000 Ware County Grant $ 60,000 Herty Foundation $ -0- Wood Energy Program $ 400,000 Capital Outlay $ 150,000 Total Positions Budgeted 870 Authorized Motor Vehicles 751

Page 1927

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 $ 16,050,491 1. General Administration Budget: Personal Services $ 515,953 Regular Operating Expenses $ 81,019 Travel $ 6,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ 1,860 Computer Charges $ 6,921 Real Estate Rentals $ 33,700 Telecommunications $ 21,370 Per Diem, Fees and Contracts $ 3,200 Postage $ 5,500 Capital Outlay $ -0- Total Funds Budgeted $ 680,023 State Funds Budgeted $ 673,223 Total Positions Budgeted 23 2. Investigative Division Budget: Personal Services $ 6,882,569 Regular Operating Expenses $ 1,162,262 Travel $ 374,800 Motor Vehicle Equipment Purchases $ 516,300 Publications and Printing $ 23,000 Equipment Purchases $ 105,412 Computer Charges $ 600 Real Estate Rentals $ 132,180 Telecommunications $ 221,812 Per Diem, Fees and Contracts $ 3,000 Evidence Purchased $ 200,000 Postage $ 6,300 Capital Outlay $ -0- Total Funds Budgeted $ 9,628,235 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 9,438,946 Total Positions Budgeted 244 3. Forensic Sciences Division Budget: Personal Services $ 2,262,712 Regular Operating Expenses $ 426,030 Travel $ 25,000 Motor Vehicle Equipment Purchases $ 30,000 Publications and Printing $ 5,600 Equipment Purchases $ 77,300 Computer Charges $ 43,041 Real Estate Rentals $ 12,686 Telecommunications $ 77,300 Per Diem, Fees and Contracts $ 300 Postage $ 19,000 Capital Outlay $ -0- Total Funds Budgeted $ 2,978,969 State Funds Budgeted $ 2,949,179 Total Positions Budgeted 89 4. Georgia Crime Information Center Budget: Personal Services $ 1,774,607 Regular Operating Expenses $ 100,000 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,000 Equipment Purchases $ 25,000 Computer Charges $ 1,916,261 Real Estate Rentals $ 3,600 Telecommunications $ 392,000 Per Diem, Fees and Contracts $ 40,000 Postage $ 20,000 Total Funds Budgeted $ 4,332,468 Indirect DOAS Services Funding $ 1,300,000 State Funds Budgeted $ 2,989,143 Total Positions Budgeted 97 Budget Unit Object Classes: Personal Services $ 11,435,841 Regular Operating Expenses $ 1,769,311 Travel $ 417,300 Motor Vehicle Equipment Purchases $ 546,300 Publications and Printing $ 82,600 Equipment Purchases $ 209,572 Computer Charges $ 1,966,823 Real Estate Rentals $ 182,166 Telecommunications $ 712,482 Per Diem, Fees and Contracts $ 46,500 Evidence Purchased $ 200,000 Postage $ 50,800 Capital Outlay $ -0- Total Positions Budgeted 453 Authorized Motor Vehicles 274

Page 1929

Provided, however, that the Department is authorized to use funds, appropriated to use funds, appropriated above for Personal Services, in the Investigative Division, to upgrade one position per region when designated as Assistant Special Agent in Charge in accordance with recommendations of the Merit System of Personnel Administration.

Page 1930

Section 23. Georgia State Financing and Investment Commission. Budget Unit: Georgia State Financing and Investment Commission $ -0- Departmental Operations Budget: Personal Services $ 867,635 Regular Operating Expenses $ 32,500 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ 17,135 Real Estate Rentals $ 52,075 Telecommunications $ 12,100 Per Diem, Fees and Contracts $ 110,000 Total Funds Budgeted $ 1,101,445 Total Expenditures Authorized $ 1,090,431 State Funds Budgeted $ -0- Total Positions Budgeted 29 Budget Unit Object Classes: Personal Services $ 867,635 Regular Operating Expenses $ 32,500 Travel $ 8,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ 17,135 Real Estate Rentals $ 52,075 Telecommunications $ 12,100 Per Diem, Fees and Contracts $ 110,000 Total Positions Budgeted 29 Authorized Motor Vehicles 0 Section 24. Office of the Governor. A. Budget Unit: Governor's Office $ 4,234,854 1. Governor's Office Budget: Cost of Operations $ 1,684,187 Transition Allowance $ 50,000 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 123,298 Total Funds Budgeted $ 3,897,485 State Funds Budgeted $ 3,897,485 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 $ 336,000 Regular Operating Expenses $ 9,218 Travel $ 12,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,075 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 20,132 Telecommunications $ 10,459 Per Diem, Fees and Contracts $ 22,000 Total Funds Budgeted $ 411,484 State Funds Budgeted $ 337,369 Total Positions Budgeted 15 Budget Unit Object Classes: Cost of Operations $ 1,684,187 Transition Allowance $ 50,000 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,000,000 Intern Stipends and Travel $ 123,298 Personal Services $ 336,000 Regular Operating Expenses $ 9,218 Travel $ 12,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,075 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 20,132 Telecommunications $ 10,459 Per Diem, Fees and Contracts $ 22,000 Total Positions Budgeted 15 Authorized Motor Vehicles 1 B. Budget Unit: Office of Planning and Budget $ 6,860,640 1. General Administration and Support Budget: Personal Services $ 455,040 Regular Operating Expenses $ 93,800 Travel $ 9,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 33,000 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ 172,476 Telecommunications $ 10,000 Per Diem, Fees and Contracts $ 68,000 Total Funds Budgeted $ 844,116 State Funds Budgeted $ 835,675 Total Positions Budgeted 15 2. Council of the Arts Budget: Personal Services $ 151,000 Regular Operating Expenses $ 11,163 Travel $ 5,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 19,745 Telecommunications $ 7,875 Per Diem, Fees and Contracts $ 9,000 Art Grants - State Funds $ 1,442,806 Art Grants - Federal Funds $ 281,525 Art Grants - Donations $ 20,000 Total Funds Budgeted $ 1,956,114 State Funds Budgeted $ 1,652,471 Total Positions Budgeted 8 3. Educational Development Budget: Personal Services $ 283,000 Regular Operating Expenses $ 1,300 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 5,000 Computer Charges $ 4,000 Real Estate Rentals $ -0- Telecommunications $ 3,500 Per Diem, Fees and Contracts $ 8,000 Total Funds Budgeted $ 312,300 State Funds Budgeted $ 309,177 Total Positions Budgeted 9 4. Intergovernmental Relations Budget: Personal Services $ 210,200 Regular Operating Expenses $ 3,097 Travel $ 31,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 300 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 9,000 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 255,597 State Funds Budgeted $ 253,041 Total Positions Budgeted 7 5. Management Review Budget: Personal Services $ 578,078 Regular Operating Expenses $ 1,750 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,200 Equipment Purchases $ 575 Computer Charges $ 40,000 Real Estate Rentals $ -0- Telecommunications $ 8,000 Per Diem, Fees and Contracts $ 1,300 Total Funds Budgeted $ 638,403 State Funds Budgeted $ 632,019 Total Positions Budgeted 21 6. Human Development Budget: Personal Services $ 350,584 Regular Operating Expenses $ 1,800 Travel $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 500 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,400 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 362,284 State Funds Budgeted $ 358,662 Total Positions Budgeted 11 7. Office of Consumer Affairs: Personal Services $ 925,588 Regular Operating Expenses $ 43,000 Travel $ 15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 1,600 Computer Charges $ 6,426 Real Estate Rentals $ 56,062 Telecommunications $ 102,000 Per Diem, Fees and Contracts $ 7,000 Total Funds Budgeted $ 1,162,676 State Funds Budgeted $ 812,568 Total Positions Budgeted 44 8. State Energy Office Budget: Personal Services $ 310,328 Regular Operating Expenses $ 19,000 Travel $ 35,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 75,000 Equipment Purchases $ 1,200 Computer Charges $ 8,000 Real Estate Rentals $ -0- Telecommunications $ 18,000 Per Diem, Fees and Contracts $ 3,662,068 Total Funds Budgeted $ 4,128,596 State Funds Budgeted $ 297,118 Total Positions Budgeted 12 9. Governor's Committee on Post-Secondary Education Budget: Personal Services $ 118,000 Regular Operating Expenses $ 11,550 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,700 Equipment Purchases $ -0- Computer Charges $ 6,000 Real Estate Rentals $ 8,110 Telecommunications $ 1,795 Per Diem, Fees and Contracts $ 4,800 Total Funds Budgeted $ 162,955 State Funds Budgeted $ 162,593 Total Positions Budgeted 4 10. Facilities Management Budget: Personal Services $ 105,000 Regular Operating Expenses $ 300 Travel $ 5,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ -0- Computer Charges $ 99,332 Real Estate Rentals $ -0- Telecommunications $ 3,000 Per Diem, Fees and Contracts $ 35,000 Total Funds Budgeted $ 250,232 State Funds Budgeted $ 247,730 Total Positions Budgeted 3 11. Physical and Economic Development Budget: Personal Services $ 323,000 Regular Operating Expenses $ 6,000 Travel $ 13,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,000 Equipment Purchases $ 800 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,000 Per Diem, Fees and Contracts $ 10,000 Total Funds Budgeted $ 361,800 State Funds Budgeted $ 358,182 Total Positions Budgeted 12 12. General Government and Protection of Persons and Property Budget: Personal Services $ 358,727 Regular Operating Expenses $ 2,850 Travel $ 7,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ -0- Total Funds Budgeted $ 375,377 State Funds Budgeted $ 371,623 Total Positions Budgeted 11 13. Consumer's Utility Counsel Budget: Personal Services $ 280,000 Regular Operating Expenses $ 11,695 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 972 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 18,312 Telecommunications $ 5,900 Per Diem, Fees and Contracts $ 30,000 Total Funds Budgeted $ 354,379 State Funds Budgeted $ 350,835 Total Positions Budgeted 13 14. Criminal Justice Coordinating Council Budget: Personal Services $ 162,133 Regular Operating Expenses $ 11,750 Travel $ 8,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 6,875 Telecommunications $ 4,750 Per Diem, Fees and Contracts $ 14,950 Total Funds Budgeted $ 221,158 State Funds Budgeted $ 218,946 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 4,610,678 Regular Operating Expenses $ 219,055 Travel $ 161,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 148,672 Equipment Purchases $ 12,675 Computer Charges $ 163,758 Real Estate Rentals $ 281,580 Telecommunications $ 191,220 Per Diem, Fees and Contracts $ 3,852,118 Art Grants - State Funds $ 1,442,806 Art Grants - Federal Funds $ 281,525 Art Grants - Donations $ 20,000 Total Positions Budgeted 175 Authorized Motor Vehicles 0

Page 1937

Provided, however, that of the above appropriation relative to Art Grants - State Funds, not less than 95% of $1,442,806 is designated and committed for Grants to Counties, Cities and Non-Profit Organizations in the State of Georgia.

Page 1938

Section 25. Grants to Counties and Municipalities. Budget Unit: Grants to Counties and Municipalities $ 6,800,000 1. Grants to Counties $ 2,600,000 Total Funds Budgeted $ 2,600,000 State Funds Budgeted $ 2,600,000 2. Grants to Municipalities $ 4,200,000 Total Funds Budgeted $ 4,200,000 State Funds Budgeted $ 4,200,000 Budget Unit Object Classes: Grants to Counties $ 2,600,000 Grants to Municipalities $ 4,200,000 Provided, that the above sums shall be distributed and disbursed to the various counties and municipalities on a quarterly basis, such payments to be made on the last day of each calendar quarter. Section 26. Department of Human Resources. A. Budget Unit: Departmental Operations $ 229,879,617 1. General Administration and Support Budget: Personal Services $ 14,014,200 Regular Operating Expenses $ 2,624,905 Travel $ 591,525 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 143,430 Equipment Purchases $ 87,305 Computer Charges $ 974,396 Real Estate Rentals $ 2,814,200 Telecommunications $ 530,980 Per Diem, Fees and Contracts $ 1,086,070 Utilities $ 153,200 Postage $ 536,800 Capital Outlay $ -0- Total Funds Budgeted $ 23,557,011 Indirect DOAS Services Funding $ 638,212 Indirect GBA Funding $ -0- Agency Funds $ 11,005,428 Social Services Block Grant Funds $ 1,159,395 State Funds Budgeted $ 10,753,976 Total Positions Budgeted 720 Authorized Motor Vehicles 7

Page 1939

General Administration and Support Functional Budgets Total Funds State Funds Pos. Commissioners' Office $ 559,200 $ 554,200 16 Child Care Licensing $ 1,220,400 $ 1,205,400 55 Laboratory Improvement $ 498,901 $ 412,901 19 Child Support Recovery $ 6,587,080 $ 596,259 282 Contract Management $ 175,080 $ 173,080 7 Public Affairs $ 323,755 $ 320,555 12 Office of Administrative Appeals $ 602,900 $ 596,900 22 Health Care Facilities Regulations $ 1,699,999 $ 599,999 64 Radiological Health $ 379,700 $ 375,700 14 Administrative Policy, Coordination and Direction $ 1,903,765 $ 1,901,765 4 Personnel $ 1,458,290 $ 1,381,290 70 Administrative Support Services $ 1,826,640 $ 1,580,285 52 Office of Review and Investigation $ 1,284,560 $ 299,420 43 Systems Planning, Development and Training $ 266,250 $ 264,250 9 Program Analysis $ 122,380 $ 121,380 5 Electronic Data Processing, Planning and Coordination $ 385,116 $ 91,000 0 Facilities Management $ 3,037,160 $ 2,308,860 8 Regulatory Services - Program Direction and Support $ 471,980 $ 467,980 15 MH/MR Advisory Council $ 41,050 $ 41,050 1 Council on Family Planning $ 66,800 $ 6,700 2 Developmental Disabilities $ 283,800 $ -0- 9 Council on Maternal and Infant Health $ 91,355 $ 91,355 3 Community and Intergovernmental Affairs $ 270,850 267,850 8 Indirect Cost $ -0- $ (2,904,203) 0 Undistributed $ -0- $ -0- 0 Total $ 23,557,011 $ 10,753,976 720

Page 1940

2. Financial Management Budget: Personal Services $ 4,941,000 Regular Operating Expenses $ 132,500 Travel $ 191,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 3,800 Telecommunications $ 1,000 Per Diem, Fees and Contracts $ 115,000 Utilities $ -0- Postage $ 100 Institutional Repairs and Maintenance $ 500,000 Total Funds Budgeted $ 5,904,800 Social Services Block Grant Funds $ 496,405 Agency Funds $ 1,905,870 State Funds Budgeted $ 3,502,525 Total Positions Budgeted 236 Authorized Motor Vehicles 0

Page 1941

Financial Management Functional Budgets Total Funds State Funds Pos. Budget Administration $ 1,471,300 $ 1,466,300 37 Accounting Services $ 2,673,300 $ 2,657,300 138 Auditing Services $ 1,760,200 $ 1,750,200 61 Indirect Cost $ -0- $ (2,371,275) 0 Undistributed $ -0- $ -0- 0 Total $ 5,904,800 $ 3,502,525 236 3. Special Programs: Personal Services $ 2,781,945 Regular Operating Expenses $ 13,778,315 Travel $ 132,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 108,200 Equipment Purchases $ 7,700 Computer Charges $ 287,202 Real Estate Rentals $ 57,600 Telecommunications $ 75,250 Per Diem, Fees and Contracts $ 34,055,004 Menninger Group Homes $ 275,000 Contract - Georgia Advocacy Office, Inc $ 215,000 Utilities $ -0- Postage $ 37,000 Benefits for Child Care $ 640,000 Total Funds Budgeted $ 52,450,216 Social Services Block Grant Funds $ 15,873,000 Indirect DOAS Services Funding $ 44,143 Agency Funds $ 30,544,275 State Funds Budgeted $ 5,988,798 Total Positions Budgeted 120 Authorized Motor Vehicles 111

Page 1942

Special Programs Functional Budgets Total Funds State Funds Pos. State Economic Opportunity Office $ 251,350 $ 123,675 8 District Programs, Director's Office $ 595,030 $ 555,430 21 Child Development Administration $ 1,061,600 $ 365,900 39 Child Development Contracts - Foster Care $ 290,736 $ 14,336 0 Special Projects $ 597,900 $ 597,900 0 Child Development Contracts - Day Care $ 19,435,297 $ 2,595,797 0 Child Development Contracts - Home Management $ 281,658 $ 48,958 0 Child Development Contracts - Outreach $ 635,133 $ 81,333 0 Information and Referral $ 325,340 $ 325,340 0 Troubled Children Benefits $ 915,000 $ 915,000 0 Council on Aging $ 44,870 $ 43,870 1 Energy Assistance $ 17,320,000 $ -0- 4 Title XX Administration $ 984,302 $ 321,259 32 Community Services $ 9,712,000 $ -0- 15 Undistributed $ -0- $ -0- 0 Total $ 52,450,216 $ 5,988,798 120

Page 1943

4. Public Health - Program Direction and Support Budget: Personal Services $ 2,251,700 Regular Operating Expenses $ 120,890 Travel $ 57,700 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 50,800 Equipment Purchases $ 730 Computer Charges $ 357,368 Real Estate Rentals $ -0- Telecommunications $ 193,200 Per Diem, Fees and Contracts $ 5,449,190 Utilities $ -0- Postage $ 1,450 Total Funds Budgeted $ 8,483,028 Indirect DOAS Services Funding $ 539,568 Agency Funds $ 5,488,130 State Funds Budgeted $ 2,455,330 Total Positions Budgeted 114 Authorized Motor Vehicles 0

Page 1944

Public Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 555,205 $ 371,205 8 Employee's Health $ 249,310 $ 212,310 9 Primary Health Care $ 5,627,715 $ 297,385 10 Health Program Management $ 609,330 $ 519,330 27 Vital Records $ 932,700 $ 909,700 53 Health Services Research $ 508,768 $ 145,400 7 Undistributed $ -0- $ -0- 0 Total $ 8,483,028 $ 2,455,330 114 5. Public Health - Family Health Budget: Personal Services $ 5,558,840 Regular Operating Expenses $ 2,022,834 Travel $ 295,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 130,800 Equipment Purchases $ 6,780 Computer Charges $ 122,703 Real Estate Rentals $ 3,500 Telecommunications $ 47,550 Per Diem, Fees and Contracts $ 6,367,470 Utilities $ -0- Postage $ 20,850 Regional Grants for Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 3,307,500 Kidney Disease Benefits $ 577,500 Cancer Control Benefits $ 1,985,000 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 Cancer Research $ 111,000 Contract with Emory University for Arthritis Research $ 200,000 Contract for Scoliosis Screening $ 40,000 Family Planning Benefits $ 226,530 Total Funds Budgeted $ 25,068,457 Indirect DOAS Services Funding $ 11,350 Agency Funds $ 11,125,699 State Funds Budgeted $ 13,931,408 Total Positions Budgeted 242 Authorized Motor Vehicles 4

Page 1945

Public Health - Family Health Functional Budgets Total Funds State Funds Pos. Family Health Management $ 6,081,220 $ 336,570 23 Cancer Control $ 2,615,330 $ 2,376,330 6 Crippled Children $ 4,851,730 $ 2,650,238 60 Immunization $ 520,200 $ -0- 17 Maternal Health $ 225,500 $ 223,500 6 Sexually Transmitted Diseases $ 200,700 $ 198,700 6 Infant and Child Health $ 4,509,050 $ 4,454,050 12 Diabetes $ 208,850 $ 59,748 5 Chronic Disease $ 1,503,574 $ 1,498,574 22 Coordination, Education, Prevention $ 653,720 $ -0- 10 Malnutrition $ 591,500 $ -0- 18 Stroke and Heart Attack Prevention $ 149,200 $ 148,200 6 Family Planning $ 840,133 $ 52,133 13 Epidemiology $ 995,725 $ 829,540 11 Dental Health $ 69,300 $ 69,300 3 Community Tuberculosis Control $ 1,052,725 $ 1,034,525 24 Undistributed $ -0- $ -0- 0 Total $ 25,068,457 $ 13,931,408 242

Page 1946

6. Public Health - Community Health Budget: Personal Services $ 3,161,000 Regular Operating Expenses $ 459,500 Travel $ 53,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 44,100 Equipment Purchases $ 58,365 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 5,000 Per Diem, Fees and Contracts $ 742,047 Utilities $ -0- Postage $ 13,300 Total Funds Budgeted $ 4,537,212 Indirect DOAS Services Funding $ 4,000 Agency Funds $ 823,772 State Funds Budgeted $ 3,709,440 Total Positions Budgeted 152 Authorized Motor Vehicles 1

Page 1947

Public Health - Community Health Functional Budgets Total Funds State Funds Pos. Occupational and Radiological Health $ 773,572 $ 228,800 7 Laboratory Services $ 3,175,740 $ 2,970,740 129 Emergency Health $ 587,900 $ 509,900 16 Undistributed $ -0- $ -0- 0 Total $ 4,537,212 $ 3,709,440 152 7. Public Health - Local Services Budget: Personal Services $ 12,350,000 Regular Operating Expenses $ 23,264,500 Travel $ 484,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 31,700 Equipment Purchases $ 43,410 Real Estate Rentals $ 195,920 Telecommunications $ 144,100 Per Diem, Fees and Contracts $ 4,983,847 Utilities $ 7,050 Postage $ 32,150 Contract - Macon-Bibb County Hospital Authority $ 3,000,000 Grant to Counties for Metabolic Disorders Screening and Treatment $ 45,000 Family Planning Benefits $ 75,000 Midwifery Program Benefits $ 175,000 Crippled Children Benefits $ 1,220,000 Grants to Counties for Teenage Pregnancy Prevention $ 250,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,600,000 Grant for DeKalb County Mental Retardation Project $ 51,000 Grant for Chatham County Mental Retardation Project $ 49,000 Grant-In-Aid to Counties $ 29,473,948 Total Funds Budgeted $ 79,476,425 Indirect DOAS Services Funding $ 129,350 Agency Funds $ 36,112,320 State Funds Budgeted $ 43,234,755 Total Positions Budgeted 563 Authorized Motor Vehicles 2

Page 1948

Public Health - Local Services Functional Budgets Total Funds State Funds Pos. Minimum Foundation $ 7,057,054 $ 6,837,030 224 Grant-In-Aid to Counties $ 29,024,358 $ 26,031,273 0 Stroke and Heart Attack Prevention $ 1,091,242 $ 554,642 20 Family Planning $ 5,633,400 $ 2,520,400 183 Sickle Cell, Vision and Hearing $ 353,100 $ 350,100 15 Sexually Transmitted Diseases $ 1,072,850 $ 85,000 29 High Risk Pregnant Women and Their Infants $ 4,066,900 $ 4,063,900 19 Newborn Follow-Up Care $ 289,750 $ 287,750 12 District Dental $ 1,118,835 $ 902,660 18 Teenage Pregnancy Prevention $ 250,000 $ 250,000 0 District Crippled Children $ 2,187,050 $ 1,352,000 33 Mental Retardation Projects $ 100,000 $ -0- 0 Malnutrition $ 27,231,886 $ -0- 10 Undistributed $ -0- $ -0- 0 Total $ 79,476,425 $ 43,234,755 563

Page 1949

8. Mental Health - Program Direction and Support Budget: Personal Services $ 3,308,100 Regular Operating Expenses $ 127,850 Travel $ 153,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 79,000 Equipment Purchases $ 1,000 Computer Charges $ 1,178,162 Real Estate Rentals $ -0- Telecommunications $ 219,000 Per Diem, Fees and Contracts $ 199,700 Utilities $ -0- Postage $ 1,150 Total Funds Budgeted $ 5,266,962 Social Services Block Grant Funds $ 15,000 Indirect DOAS Services Funding $ 1,000,197 Agency Funds $ 620,220 State Funds Budgeted $ 3,631,545 Total Positions Budgeted 131 Mental Health - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Administration $ 2,965,862 $ 1,953,465 $ 63 Special Projects and Contracts $ 60,550 $ -0- 2 Program Coordination $ 2,240,550 $ 1,678,080 66 Undistributed $ -0- $ -0- 0 Total $ 5,266,962 $ 3,631,545 131

Page 1950

9. 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 $ 440,000 Utilities $ -0- Postage $ -0- W.I.N. Benefits $ 575,669 Grants to Fulton County for 24-hour Emergency Social Services $ 173,400 Benefits for Child Care $ 15,691,771 Homemaker Meals $ 106,961 Chatham County Homemaker Project $ 482,000 Douglas County Homemaker Project $ 127,000 Fulton County Homemaker Project $ 328,000 Total Funds Budgeted $ 17,924,801 Agency Funds $ 5,982,564 Social Services Block Grant Funds $ 1,230,600 State Funds Budgeted $ 10,711,637 Total Positions Budgeted 0

Page 1951

Purchase of Social Services Functional Budgets Total Funds State Funds Pos. Work Incentive Benefits $ 575,669 $ 57,566 0 Grants to Fulton County for 24-hour Emergency Social Services $ 173,400 $ 173,400 0 Legal Services $ 440,000 $ 215,000 0 AFDC - Family Foster Care $ 3,987,620 $ 1,344,645 0 AFDC - Institutional Foster Care $ 1,475,840 $ 497,654 0 Specialized Foster Care $ 53,064 $ 53,064 0 Child Welfare - Family Foster Care $ 8,663,518 $ 7,177,518 0 Adoption Settlement $ 250,000 $ 98,700 0 Non-AFDC Institutional Foster Care $ 397,950 $ 397,950 0 Liability Insurance $ 15,400 $ 15,400 0 Emergency Shelter Care $ 107,079 $ 107,079 0 Day Care $ 604,300 $ 180,100 0 Psychiatric, Psychological and Speech Therapy $ 130,000 $ 130,000 0 Return of Runaways - County $ 7,000 $ 7,000 0 Homemaker Projects $ 1,043,961 $ 256,561 0 Undistributed $ -0- $ -0- 0 Total $ 17,924,801 $ 10,711,637 0

Page 1952

10. Youth Services - Program Direction and Support: Personal Services $ 754,000 Regular Operating Expenses $ 18,000 Travel $ 18,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 4,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 20,100 Per Diem, Fees and Contracts $ 3,500 Utilities $ -0- Postage $ -0- Benefits for Child Care $ -0- Total Funds Budgeted $ 817,600 Indirect DOAS Services Funding $ -0- Agency Funds $ 8,000 State Funds Budgeted $ 809,600 Total Positions Budgeted 29 Authorized Motor Vehicles 0 11. Services to the Aged Budget: Personal Services $ 996,000 Regular Operating Expenses $ 27,800 Travel $ 42,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,000 Equipment Purchases $ 2,300 Computer Charges $ -0- Real Estate Rentals $ 3,100 Telecommunications $ 29,000 Per Diem, Fees and Contracts $ 20,953,077 Utilities $ 60 Postage $ 200 Total Funds Budgeted $ 22,067,537 Social Services Block Grant Funds $ 3,368,035 Agency Funds $ 16,949,941 State Funds Budgeted $ 1,749,561 Total Positions Budgeted 41 Authorized Motor Vehicles 224

Page 1953

Services to the Aged Functional Budgets Total Funds State Funds Pos. Title XX Adult Services $ 4,083,664 $ 539,062 0 Administration and Planning $ 2,495,540 $ 350,036 41 Nutrition Grants $ 8,886,845 $ 493,714 0 Areawide Grants $ 6,601,488 $ 366,749 0 Undistributed $ -0- $ -0- 0 Total $ 22,067,537 $ 1,749,561 41 12. Vocational Rehabilitation - Program Direction and Support Budget: Personal Services $ 1,410,000 Regular Operating Expenses $ 91,600 Travel $ 75,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 30,900 Equipment Purchases $ -0- Computer Charges $ 543,379 Real Estate Rentals $ -0- Telecommunications $ 72,000 Per Diem, Fees and Contracts $ 261,000 Utilities $ -0- Postage $ 2,300 E.S.R.P. Case Services $ 75,000 Grants for Nephrology Centers $ 210,000 Total Funds Budgeted $ 2,771,679 Indirect DOAS Services Funding $ -0- Agency Funds $ 1,653,800 State Funds Budgeted $ 1,117,879 Total Positions Budgeted 53

Page 1954

Vocational Rehabilitation - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Program Direction and Support $ 2,085,379 $ 747,379 45 Grants Management $ 686,300 $ 370,500 8 Undistributed $ -0- $ -0- 0 Total $ 2,771,679 $ 1,117,879 53 13. Vocational Rehabilitation - Facilities Budget: Personal Services $ 3,113,300 Regular Operating Expenses $ 363,880 Travel $ 21,500 Motor Vehicle Equipment Purchases $ 12,000 Publications and Printing $ 1,270 Equipment Purchases $ 17,500 Computer Charges $ -0- Real Estate Rentals $ 130,000 Telecommunications $ 38,800 Per Diem, Fees and Contracts $ 104,300 Utilities $ 80,600 Postage $ 4,150 Capital Outlay $ -0- Case Services $ -0- Total Funds Budgeted $ 3,887,300 Indirect DOAS Services Funding $ -0- Agency Funds $ 3,167,880 State Funds Budgeted $ 719,420 Total Positions Budgeted 167 Authorized Motor Vehicles 19

Page 1955

Vocational Rehabilitation - Facilities Functional Budgets Total Funds State Funds Pos. Youth Development Center - V. R. Unit $ 353,760 $ 65,502 15 Atlanta Rehabilitation Center $ 1,908,850 $ 364,850 76 Alto Rehabilitation Center $ 265,040 $ 52,508 12 Cave Spring Rehabilitation Center $ 350,500 $ 66,800 18 Central Rehabilitation Center $ 664,650 $ 101,360 27 Georgia Vocational Adjustment Center - Gracewood $ 344,500 $ 68,400 19 Undistributed $ -0- $ -0- 0 Total $ 3,887,300 $ 719,420 167 14. Roosevelt Warm Springs Rehabilitation Institute: Personal Services $ 7,400,000 Regular Operating Expenses $ 1,711,280 Travel $ 47,680 Motor Vehicle Equipment Purchases $ 51,025 Publications and Printing $ 22,170 Equipment Purchases $ 76,445 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 149,000 Per Diem, Fees and Contracts $ 1,086,085 Utilities $ 445,600 Postage $ 12,980 Case Services $ 575,000 Capital Outlay $ -0- Operations $ -0- Total Funds Budgeted $ 11,577,265 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 9,124,800 State Funds Budgeted $ 2,402,465 Total Positions Budgeted 425 Authorized Motor Vehicles 24

Page 1956

Roosevelt Warm Springs Rehabilitation Institute - Functional Budgets Total Funds State Funds Pos. Administration $ 4,589,830 $ 1,652,330 128 Rehabilitation Services $ 5,842,272 $ 32,972 255 Instruction $ 430,030 $ 7,030 16 Independent Living $ 526,000 $ 526,000 21 Research/Training $ 189,133 $ 184,133 5 Undistributed $ -0- $ -0- 0 Total $ 11,577,265 $ 2,402,465 425 15. Georgia Factory for the Blind Budget: Personal Services $ 2,706,000 Regular Operating Expenses $ 4,812,495 Travel $ 54,800 Motor Vehicle Equipment Purchases $ 36,600 Publications and Printing $ 3,400 Equipment Purchases $ 95,000 Computer Charges $ -0- Real Estate Rentals $ 11,600 Telecommunications $ 26,500 Per Diem, Fees and Contracts $ 64,000 Utilities $ 93,500 Postage $ 5,800 Capital Outlay $ -0- Case Services $ 225,000 Total Funds Budgeted $ 8,134,695 Agency Funds $ 7,618,800 State Funds Budgeted $ 515,895 Total Positions Budgeted 44 Authorized Motor Vehicles 14

Page 1957

Georgia Factory for the Blind Functional Budgets Total Funds State Funds Pos. Operations $ 7,023,400 $ -0- 8 Supervision $ 372,045 $ 369,045 19 Business Enterprise Vending Stand Project $ 739,250 $ 146,850 17 Undistributed $ -0- $ -0- 0 Total $ 8,134,695 $ 515,895 44 16. Vocational Rehabilitation - Services Budget: Personal Services $ 14,190,562 Regular Operating Expenses $ 518,180 Travel $ 448,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,600 Equipment Purchases $ 20,500 Computer Charges $ -0- Real Estate Rentals $ 639,700 Telecommunications $ 379,100 Per Diem, Fees and Contracts $ 299,000 Utilities $ 72,000 Postage $ 84,280 Contract with Vocational Rehabilitation Community Facilities $ 3,645,000 Contract for Epilepsy $ 63,000 Case Services $ 8,700,000 Contract with the Affirmative Industries $ 105,000 Cerebral Palsy Contract $ 136,500 Total Funds Budgeted $ 29,315,422 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 19,172,958 State Funds Budgeted $ 10,092,464 Total Positions Budgeted 694 Authorized Motor Vehicles 5 17. Vocational Rehabilitation - Disability Adjudication Budget: Personal Services $ 7,746,000 Regular Operating Expenses $ 317,400 Travel $ 22,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 51,600 Equipment Purchases $ 17,460 Computer Charges $ -0- Real Estate Rentals $ 513,685 Telecommunications $ 445,500 Per Diem, Fees and Contracts $ 431,295 Utilities $ -0- Postage $ 155,000 Case Services $ 7,000,000 Total Funds Budgeted $ 16,699,940 Agency Funds $ 16,699,940 State Funds Budgeted $ -0- Total Positions Budgeted 384 18. Public Assistance Budget: Personal Services $ -0- Regular Operating Expenses $ 3,159,468 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 $ 62,160 AFDC Benefits $ 182,766,550 Total Funds Budgeted $ 185,988,178 Agency Funds $ 124,297,228 State Funds Budgeted $ 61,690,950 Total Positions Budgeted 0

Page 1959

Public Assistance Functional Budgets Total Funds State Funds Pos. Refugee Benefits $ 3,159,468 $ -0- 0 AFDC Payments $ 182,766,550 $ 61,628,790 0 SSI - Supplement Benefits $ 62,160 $ 62,160 0 Undistributed $ -0- $ -0- 0 Total $ 185,988,178 $ 61,690,950 0 19. Local Services - Community Services and Benefits Payments Budget: Personal Services $ -0- Regular Operating Expenses $ -0- Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Per Diem, Fees and Contracts $ -0- Local Services Benefits Payments Grants $ 54,682,882 Grants to Counties for Social Services $ 44,460,000 Total Funds Budgeted $ 99,142,882 Agency Funds $ 37,538,749 Social Services Block Grant Funds $ 15,464,983 State Funds Budgeted $ 46,139,150 Total Positions Budgeted 0

Page 1960

Local Services - Community Services and Benefits Payments Functional Budgets Total Funds State Funds Pos. Local Services - Benefits Payments Grants $ 54,682,882 $ 27,186,441 0 Grants to Counties for Social Services $ 44,460,000 $ 18,952,709 0 Undistributed $ -0- $ -0- 0 Total $ 99,142,882 $ 46,139,150 0 20. Family and Children Services - Program Direction and Support Budget: Personnal Services $ 7,868,700 Regular Operating Expenses $ 330,200 Travel $ 377,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 566,700 Equipment Purchases $ 5,700 Computer Charges $ 5,040,066 Real Estate Rentals $ 178,100 Telecommunications $ 1,079,400 Per Diem, Fees and Contracts $ 3,337,500 Utilities $ 9,200 Postage $ 226,600 Total Funds Budgeted $ 19,019,566 Agency Funds $ 10,459,450 Indirect DOAS Services Funding $ 540,180 Social Services Block Grant Funds $ 1,297,117 State Funds Budgeted $ 6,722,819 Total Positions Budgeted 343

Page 1961

Family and Children Services - Program Direction and Support Functional Budgets Total Funds State Funds Pos. Director's Office $ 424,600 $ 422,600 7 Research and Demonstration $ 61,500 $ 61,500 3 Program Planning and Development $ 860,800 $ 854,800 17 Program Management and Training $ 1,617,150 $ 1,354,150 61 Administration and Management $ 11,581,866 $ 4,156,391 88 Management Information Systems $ 1,048,750 $ 1,044,750 50 District Program Operations $ 2,665,900 $ 2,650,900 99 District Administration $ 759,000 $ 756,000 18 Indirect Cost $ -0- $ (4,578,272) 0 Undistributed $ -0- $ -0- 0 Total $ 19,019,566 $ 6,722,819 343 Budget Unit Object Classes: Personal Services $ 94,551,347 Regular Operating Expenses $ 53,881,597 Travel $ 3,066,805 Motor Vehicle Equipment Purchases $ 99,625 Publications and Printing $ 1,316,670 Equipment Purchases $ 440,195 Computer Charges $ 8,503,276 Real Estate Rentals $ 4,551,205 Telecommunications $ 3,455,480 Per Diem, Fees and Contracts $ 79,978,085 Utilities $ 861,210 Postage $ 1,134,110 Capital Outlay $ -0- Grants for Regional Prenatal and Postnatal Care Programs $ 3,879,000 Crippled Children Benefits $ 4,527,500 Kidney Disease Benefits $ 577,500 Cancer Control Benefits $ 1,985,000 Benefits for Medically Indigent High Risk Pregnant Women and Their Infants $ 3,625,000 Family Planning Benefits $ 301,530 Benefits for Midwifery Program $ 175,000 Grants for DeKalb County Mental Retardation Project $ 51,000 Grants for Chatham County Mental Retardation Project $ 49,000 Grant-In-Aid to Counties $ 29,473,948 Work Incentive Benefits $ 575,669 Grants to Fulton County for 24-hour Emergency Social Services $ 173,400 Benefits for Child Care $ 16,331,771 Homemaker Meals $ 106,961 Chatham County Homemaker Project $ 482,000 Douglas County Homemaker Project $ 127,000 Fulton County Homemaker Project $ 328,000 Grants for Nephrology Centers $ 210,000 Case Services $ 16,500,000 E.S.R.P. Case Services $ 75,000 SSI-Supplement Benefits $ 62,160 AFDC Benefits $ 182,766,550 Local Services Benefits Payments Grants $ 54,682,882 Grants to Counties for Social Services $ 44,460,000 Contract with Vocational Rehabilitation Community Facilities $ 3,645,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 100,000 Contract with the Affirmative Industries $ 105,000 Institutional Repairs and Maintenance $ 500,000 Contract with Emory University for Arthritis Research $ 200,000 Grant for Epilepsy Program $ 63,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 40,000 Contract for Scoliosis Screening $ 40,000 Menninger Group Homes $ 275,000 Contract - Georgia Advocacy Office, Inc $ 215,000 Grant for Teenage Pregnancy Prevention Program $ 250,000 Contract - Cancer Research at Emory $ 111,000 Contract - Macon-Bibb County Hospital Authority $ 3,000,000 Cerebral Palsy Contract $ 136,500 Grants to Counties for Metabolic Disorders Screening and Testing $ 45,000 Total Positions Budgeted 4,458

Page 1963

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 funds available in the Public Health - Local Services Budget not less than $ 125,000 is committed for continuation of the

Page 1964

Community Cardiovascular Council Stroke-Screening Program. Provided that no State funds shall be used for advertising the Food Stamp program or other welfare programs unless failure to so apply State funds would cause the loss of Federal funds for programs other than advertising. There is hereby appropriated $61,628,790 in State funds for the purpose of making AFDC benefit payments. Provided that for Fiscal 1983, the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 202 $ 107 2 306 162 3 366 194 4 432 229 5 494 262 6 536 284 7 580 307 8 616 326 9 648 343 10 694 368 11 742 393 Provided further, that the Department of Human Resources is authorized to calculate all monthly benefit payments utilizing a factor of 53% of the above standard of needs. Provided, that of the above appropriation, $136,500 is designated and committed to operate the Rome Cerebral Palsy Center.

Page 1965

Provided, however, it is the intent of this General Assembly that no dentist shall be paid at a rate in excess of twenty-five dollars ($25.00) per hour for services rendered in the District Dental Clinics. Provided that of the above appropriation relating to Statewide Grants for Pre-natal and Post-natal Care Programs, $3,879,000 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 Public 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 Maternal and Child Health Block Grant funds above the amounts anticipated in this appropriation shall be used to improve and expand Public 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.

Page 1966

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. To purchase, lease or otherwise acquire or reimburse for the purchase or lease of equipment, or purchase or reimburse for the purchase of drugs and medical treatment of persons with Cystic Fibrosis over the age of 21. Funds shall be expended to those persons qualifying who are not otherwise covered by any other private or publicly funded program and are determined to need support from the State. Provided further, the Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program. It is the intent of this General Assembly that with regard to the appropriation for Contract with Vocational Rehabilitation Community Facilities, at least $80,000 is provided for an increase to the Bobby Dodd Workshop. Provided, that of the above appropriation, $67,525 is designated and committed to operate the Agent Orange Program. Provided, further, that no funds shall be expended without securing from veteran service organizations adequate data to properly implement the program. B. Budget Unit: State Health Planning and Development $ 431,400 State Health Planning and Development Budget: Personal Services $ 793,300 Regular Operating Expenses $ 57,000 Travel $ 21,100 Publications and Printing $ 7,800 Equipment Purchases $ -0- Computer Charges $ 30,600 Real Estate Rentals $ 80,200 Telecommunications $ 24,800 Per Diem, Fees and Contracts $ 191,000 Postage $ 6,600 Total Funds Budgeted $ 1,212,400 Indirect DOAS Services Funding $ -0- Agency Funds $ 781,000 State Funds Budgeted $ 431,400 Total Positions Budgeted 33 Authorized Motor Vehicles 0 Budget Unit Object Classes: Personal Services $ 793,300 Regular Operating Expenses $ 57,000 Travel $ 21,100 Publications and Printing $ 7,800 Equipment Purchases $ -0- Computer Charges $ 30,600 Real Estate Rentals $ 80,200 Telecommunications $ 24,800 Per Diem, Fees and Contracts $ 191,000 Postage $ 6,600 Total Positions Budgeted 33 Authorized Motor Vehicles 0 C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 268,292,440 1. Georgia Regional Hospital at Augusta Budget: Personal Services $ 8,464,639 Regular Operating Expenses $ 1,058,918 Travel $ 12,430 Motor Vehicle Equipment Purchases $ 25,885 Publications and Printing $ 4,000 Equipment Purchases $ 79,316 Computer Charges $ 100,108 Real Estate Rentals $ -0- Telecommunications $ 95,000 Per Diem, Fees and Contracts $ 249,550 Utilities $ 300,000 Postage $ 9,150 Authority Lease Rentals $ 387,000 Capital Outlay $ 188,375 Total Funds Budgeted $ 10,974,371 Agency Funds $ 1,185,814 Indirect DOAS Services Funding $ 65,900 State Funds Budgeted $ 9,722,657 Total Positions Budgeted 497 Authorized Motor Vehicles 25 2. Georgia Regional Hospital at Atlanta Budget: Personal Services $ 10,720,851 Regular Operating Expenses $ 1,445,232 Travel $ 17,400 Motor Vehicle Equipment Purchases $ 7,755 Publications and Printing $ 9,100 Equipment Purchases $ 103,080 Computer Charges $ 147,529 Real Estate Rentals $ -0- Telecommunications $ 121,000 Per Diem, Fees and Contracts $ 312,130 Utilities $ 444,000 Postage $ 11,000 Capital Outlay $ 34,000 Authority Lease Rentals $ 513,000 Total Funds Budgeted $ 13,886,077 Agency Funds $ 2,171,297 Indirect DOAS Services Funding $ 102,100 State Funds Budgeted $ 11,612,680 Total Positions Budgeted 631 Authorized Motor Vehicles 25 3. Georgia Regional Hospital at Savannah Budget: Personal Services $ 8,693,318 Regular Operating Expenses $ 819,887 Travel $ 14,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,900 Equipment Purchases $ 47,457 Computer Charges $ 140,591 Real Estate Rentals $ -0- Telecommunications $ 106,250 Per Diem, Fees and Contracts $ 164,595 Utilities $ 377,000 Postage $ 6,900 Authority Lease Rentals $ 500,000 Capital Outlay $ -0- Total Funds Budgeted $ 10,872,398 Agency Funds $ 1,045,135 Indirect DOAS Services Funding $ 93,300 State Funds Budgeted $ 9,733,963 Total Positions Budgeted 503 Authorized Motor Vehicles 22 4. West Central Georgia Regional Hospital Budget: Personal Services $ 7,240,243 Regular Operating Expenses $ 847,500 Travel $ 13,200 Motor Vehicle Equipment Purchases $ 7,555 Publications and Printing $ 5,620 Equipment Purchases $ 28,665 Computer Charges $ 98,202 Real Estate Rentals $ -0- Telecommunications $ 90,000 Per Diem, Fees and Contracts $ 41,000 Utilities $ 371,000 Postage $ 12,500 Authority Lease Rentals $ 666,500 Capital Outlay $ 25,000 Total Funds Budgeted $ 9,446,985 Agency Funds $ 1,311,837 Indirect DOAS Services Funding $ 82,300 State Funds Budgeted $ 8,052,848 Total Positions Budgeted 424 Authorized Motor Vehicles 25 5. Northwest Georgia Regional Hospital at Rome Budget: Personal Services $ 10,819,965 Regular Operating Expenses $ 1,215,073 Travel $ 12,380 Motor Vehicle Equipment Purchases $ 31,150 Publications and Printing $ 1,360 Equipment Purchases $ 113,806 Computer Charges $ 152,291 Real Estate Rentals $ -0- Telecommunications $ 96,000 Per Diem, Fees and Contracts $ 36,600 Utilities $ 1,073,210 Postage $ 9,125 Capital Outlay $ -0- Authority Lease Rentals $ 883,500 Total Funds Budgeted $ 14,444,460 Agency Funds $ 2,956,324 Indirect DOAS Services Funding $ 93,300 State Funds Budgeted $ 11,394,836 Total Positions Budgeted 682 Authorized Motor Vehicles 45 6. Gracewood State School and Hospital Budget: Personal Services $ 25,757,473 Regular Operating Expenses $ 2,606,929 Travel $ 11,725 Motor Vehicle Equipment Purchases $ 14,385 Publications and Printing $ 6,587 Equipment Purchases $ 289,623 Computer Charges $ 100,108 Real Estate Rentals $ -0- Telecommunications $ 265,000 Per Diem, Fees and Contracts $ 119,000 Utilities $ 1,475,000 Postage $ 13,900 Capital Outlay $ 1,177,488 Total Funds Budgeted $ 31,837,218 Agency Funds $ 11,777,189 Indirect DOAS Services Funding $ 160,400 State Funds Budgeted $ 19,899,629 Total Positions Budgeted - July 1, 1982 1,686 Total Positions Budgeted - June 30, 1983 1,625 Authorized Motor Vehicles 111 7. Southwestern State Hospital Budget: Personal Services $ 17,866,615 Regular Operating Expenses $ 1,885,704 Travel $ 18,100 Motor Vehicle Equipment Purchases $ 32,450 Publications and Printing $ 5,300 Equipment Purchases $ 140,780 Computer Charges $ 156,486 Real Estate Rentals $ -0- Telecommunications $ 143,000 Per Diem, Fees and Contracts $ 244,000 Utilities $ 737,000 Postage $ 15,500 Capital Outlay $ 50,000 Total Funds Budgeted $ 21,294,935 Agency Funds $ 6,896,538 Indirect DOAS Services Funding $ 98,800 State Funds Budgeted - July 1, 1982 1,155 Total Positions Budgeted - June 30, 1983 1,139 Authorized Motor Vehicles 53 8. Georgia Retardation Center Budget: Personal Services $ 14,943,902 Regular Operating Expenses $ 2,534,630 Travel $ 12,800 Motor Vehicle Equipment Purchases $ 25,350 Publications and Printing $ 6,750 Equipment Purchases $ 153,787 Computer Charges $ 158,207 Real Estate Rentals $ -0- Telecommunications $ 169,200 Per Diem, Fees and Contracts $ 139,870 Utilities $ 1,056,500 Postage $ 12,680 Authority Lease Rentals $ 794,000 Capital Outlay $ 100,000 Total Funds Budgeted $ 20,107,676 Agency Funds $ 8,607,035 Indirect DOAS Services Funding $ 109,800 State Funds Budgeted $ 11,390,841 Total Positions Budgeted - July 1, 1982 935 Total Positions Budgeted - June 30, 1983 916 Authorized Motor Vehicles 39 9. Georgia Mental Health Institute Budget: Personal Services $ 9,073,954 Regular Operating Expenses $ 1,081,189 Travel $ 13,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,655 Equipment Purchases $ 51,115 Computer Charges $ 174,054 Real Estate Rentals $ -0- Telecommunications $ 172,000 Per Diem, Fees and Contracts $ 651,915 Utilities $ 1,251,000 Postage $ 11,900 Authority Lease Rentals $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 12,486,682 Agency Funds $ 1,075,777 Indirect DOAS Services Funding $ 202,100 State Funds Budgeted $ 11,208,805 Total Positions Budgeted 510 Authorized Motor Vehicles 20 10. Central State Hospital Budget: Personal Services $ 67,065,162 Regular Operating Expenses $ 9,044,690 Travel $ 22,100 Motor Vehicle Equipment Purchases $ 91,110 Publications and Printing $ 35,500 Equipment Purchases $ 191,341 Computer Charges $ 654,722 Real Estate Rentals $ -0- Telecommunications $ 476,900 Per Diem, Fees and Contracts $ 245,685 Utilities $ 4,133,416 Postage $ 42,500 Authority Lease Rentals $ 787,875 Capital Outlay $ 790,000 Total Funds Budgeted $ 83,581,001 Agency Funds $ 22,132,222 Indirect DOAS Services Funding $ 617,000 State Funds Budgeted $ 60,831,779 Total Positions Budgeted - July 1, 1982 4,162 Total Positions Budgeted - June 30, 1983 4,119 Authorized Motor Vehicles 215 11. State Youth Development Centers Budget: Personal Services $ 11,720,488 Regular Operating Expenses $ 1,433,500 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 138,580 Publications and Printing $ 3,200 Equipment Purchases $ 204,600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 100,000 Per Diem, Fees and Contracts $ 157,800 Utilities $ 750,000 Postage $ 19,500 Capital Outlay $ 340,000 Total Funds Budgeted $ 14,875,668 Agency Funds $ 447,074 State Funds Budgeted $ 14,428,594 Total Positions Budgeted 714 Authorized Motor Vehicles 103 12. Regional Youth Development Centers Budget: Personal Services $ 6,190,928 Regular Operating Expenses $ 866,100 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 33,085 Publications and Printing $ 3,000 Equipment Purchases $ 68,995 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 56,500 Per Diem, Fees and Contracts $ 76,500 Utilities $ 500,000 Postage $ 9,500 Capital Outlay $ 5,000 Reserve for Athens RYDC $ 82,000 Grants to County-Owned Detention Centers $ 2,418,125 Total Funds Budgeted $ 10,321,733 Agency Funds $ 324,897 State Funds Budgeted $ 9,996,836 Total Positions Budgeted 406 Authorized Motor Vehicles 41 13. Community Mental Health/Mental Retardation Services Budget: Personal Services $ 9,061,460 Regular Operating Expenses $ 544,309 Travel $ 55,360 Motor Vehicle Equipment Purchases $ 40,700 Publications and Printing $ 6,000 Equipment Purchases $ 20,500 Computer Charges $ -0- Real Estate Rentals $ 108,600 Telecommunications $ 48,250 Per Diem, Fees and Contracts $ 255,150 Utilities $ 28,300 Postage $ 3,275 Capital Outlay $ -0- Drug Abuse Contracts $ 1,098,200 Day Care Centers for the Mentally Retarded $ 45,534,326 MR Day Care Center Motor Vehicle Purchases $ 579,000 Supportive Living Staff $ 1,368,000 Supportive Living Benefits $ 3,944,733 Georgia State Foster Grandparent/Senior Companion Program $ 514,000 Community Mental Health Center Services $ 56,392,629 Project Rescue $ 249,412 Project ARC $ 155,000 Project Friendship $ 209,000 Group Homes for Autistic Children $ 260,140 Uniform Alcoholism Projects $ 2,288,250 Community Mental Retardation Staff $ 2,626,866 Community Mental Retardation Residential Services $ 7,973,740 Total Funds Budgeted $ 133,365,200 Social Services Block Grant Funds $ 20,700,000 Agency Funds $ 46,702,921 State Funds Budgeted $ 65,962,279 Total Positions Budgeted 453 Authorized Motor Vehicles 803

Page 1975

Community Mental Health/Mental Retardation Services Functional Budgets Total Funds State Funds Pos. Mental Health Community Assistance $ 5,442,527 $ 5,332,145 240 Outdoor Therapeutic Program $ 840,455 $ 833,966 35 Mental Retardation Community Assistance $ 1,483,332 $ 1,468,602 64 Central Pharmacy $ 105,503 $ 104,455 3 Metro Drug Abuse Centers $ 1,091,991 $ 454,351 47 Day Care Centers for the Mentally Retarded $ 46,428,739 $ 22,480,105 21 Supportive Living $ 5,312,733 $ 3,082,733 0 Georgia State Foster Grandparent/Senior Companion Program $ 514,000 $ 514,000 0 Community Mental Retardation Staff $ 2,626,866 $ 1,927,733 0 Community Mental Retardation Residential Services $ 7,973,740 $ 5,999,019 0 Group Homes for Autistic Children $ 260,140 $ 260,140 0 Project Rescue $ 249,412 $ 86,412 0 Drug Abuse Contracts $ 1,098,200 $ 252,562 0 Project ARC $ 155,000 $ 155,000 0 Project Friendship $ 209,000 $ 209,000 0 Community Mental Health Center Services $ 57,119,482 $ 20,735,506 36 Uniform Alcoholism Projects $ 2,288,250 $ 2,066,550 0 Central Laboratory $ 165,830 $ -0- 7 Undistributed $ -0- $ -0- 0 Total $ 133,365,200 $ 65,962,279 453

Page 1976

14. Community Youth Services Budget: Personal Services $ 7,815,993 Regular Operating Expenses $ 1,046,644 Travel $ 378,800 Motor Vehicle Equipment Purchases $ 24,750 Publications and Printing $ 3,750 Equipment Purchases $ 32,685 Computer Charges $ -0- Real Estate Rentals $ 274,200 Telecommunications $ 208,500 Per Diem, Fees and Contracts $ -0- Utilities $ 30,200 Postage $ 20,850 Child Care Benefits $ 15,000 Total Funds Budgeted $ 9,851,372 State Funds Budgeted $ 9,757,096 Total Positions Budgeted 421 Authorized Motor Vehicles 19

Page 1977

Community Youth Services Functional Budgets Total Funds State Funds Pos. Group Homes $ 420,550 $ 420,550 19 Community Detention $ 1,239,074 $ 1,239,074 18 Day Centers $ 552,475 $ 552,475 24 Community Treatment Centers $ 1,692,525 $ 1,692,525 82 Court Services $ 5,503,798 $ 5,409,522 260 Runaway Investigations $ 372,250 $ 372,250 15 Interstate Compact $ 70,700 $ 70,700 3 Undistributed $ -0- $ -0- 0 Total $ 9,851,372 $ 9,757,096 421 15. Regular Operating Expense Reserve Budget: Regular Operating Expense $ -0- Total Funds $ -0- State Funds $ -0- Budget Unit Object Classes: Personal Services $ 215,434,991 Regular Operating Expenses $ 26,430,305 Travel $ 602,695 Motor Vehicle Equipment Purchases $ 472,755 Publications and Printing $ 97,722 Equipment Purchases $ 1,525,750 Computer Charges $ 1,882,298 Real Estate Rentals $ 382,800 Telecommunications $ 2,147,600 Per Diem, Fees and Contracts $ 2,693,795 Utilities $ 12,526,626 Postage $ 198,280 Capital Outlay $ 2,709,863 Authority Lease Rentals $ 4,531,875 Grants to County-Owned Detention Centers $ 2,418,125 Reserve for Athens RYDC $ 82,000 Drug Abuse Contracts $ 1,098,200 Day Care Centers for the Mentally Retarded $ 45,534,326 MR Day Care Center Motor Vehicle Purchases $ 579,000 Supportive Living Staff $ 1,368,000 Supportive Living Benefits $ 3,944,733 Georgia State Foster Grandparent/Senior Companion Program $ 514,000 Community Mental Health Center Services $ 56,392,629 Project Rescue $ 249,412 Project ARC $ 155,000 Project Friendship $ 209,000 Group Homes for Autistic Children $ 260,140 Uniform Alcoholism Projects $ 2,288,250 Child Care Benefits $ 15,000 Community Mental Retardation Staff $ 2,626,866 Community Mental Retardation Residential Services $ 7,973,740 Total Positions Budgeted July 1, 1982 13,179 Total Positions Budgeted June 30, 1983 13,040 Authorized Motor Vehicles 1,546

Page 1979

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 Community Mental Retardation Residential Services, the Department is authorized to increase the maximum monthly payments to service providers from $350 to $385 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 the Department is given the flexibility in the Community Mental Retardation Residential Services Program to use benefits to contract with private home providers for service or to provide small group living situations or semi-independent 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.

Page 1980

Provided that Community Mental Health Centers shall provide services to clients living within the geographic catchment area served by such centers without regard to the length of time such client has resided in such geographic catchment area if such client is otherwise eligible to receive services. Provided, that of the above appropriation relating to Supportive Living Benefits, the Department is provided the flexibility to contract with private homeproviders for services in the home and/or to provide small group residences for clients and/or provide respite care services for clients and/or other residential services needed to support clients in the communities. Provided, however, it is the intent of this General Assembly that no additional Youth Services 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 Central State Hospital, the Department is authorized to establish a unit for the severely psychiatrically regressed with existing funds and personnel. Section 27. Department of Industry and Trade. A. Budget Unit: Department of Industry and Trade $ 8,828,608 1. Industry Budget: Personal Services $ 553,000 Regular Operating Expenses $ 11,805 Travel $ 43,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 547 Computer Charges $ 12,500 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 1,000 Total Funds Budgeted $ 629,852 State Funds Budgeted $ 623,553 Total Positions Budgeted 23 2. Research Budget: Personal Services $ 320,000 Regular Operating Expenses $ 4,840 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,100 Equipment Purchases $ 2,700 Computer Charges $ 3,066 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 7,923 Total Funds Budgeted $ 360,629 State Funds Budgeted $ 357,023 Total Positions Budgeted 14 3. Tourism - Promotional Budget: Personal Services $ 648,119 Regular Operating Expenses $ 72,675 Travel $ 65,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 239,500 Equipment Purchases $ 5,355 Computer Charges $ 22,400 Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 61,280 Historic Chattahoochee Commission Contract $ 40,000 Total Funds Budgeted $ 1,154,329 State Funds Budgeted $ 1,143,212 Total Positions Budgeted 30 4. Tourist - Welcome Centers Budget: Personal Services $ 1,358,000 Regular Operating Expenses $ 338,755 Travel $ 36,330 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 12,000 Equipment Purchases $ 19,605 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,924 Per Diem, Fees and Contracts $ 4,450 Capital Outlay $ -0- Local Welcome Centers $ 95,000 Total Funds Budgeted $ 1,878,064 State Funds Budgeted $ 1,770,233 Total Positions Budgeted 99 5. Internal Administration Budget: Personal Services $ 605,000 Regular Operating Expenses $ 240,270 Travel $ 15,000 Motor Vehicle Equipment Purchases $ 48,200 Publications and Printing $ 40,000 Equipment Purchases $ 1,058 Computer Charges $ 860 Real Estate Rentals $ 225,000 Telecommunications $ 115,600 Per Diem, Fees and Contracts $ 17,000 Postage $ 160,000 Georgia Ports Authority - Authority Lease Rentals $ 2,605,000 Georgia Ports Authority - General Obligation Bond Payments $ 1,000,000 Atlanta Council for International Visitors $ 25,000 Waterway Development in Georgia $ 25,000 Georgia Music Week Promotion $ 10,000 Georgia World Congress Center Operating Expenses $ 100,000 Georgia World Congress Center Marketing Program $ -0- International Council of Georgia, Inc. $ -0- Georgia Semiquincentenary Commission $ 80,000 Total Funds Budgeted $ 5,312,988 State Funds Budgeted $ 3,208,124 Total Positions Budgeted 25 6. International Budget: Personal Services $ 570,000 Regular Operating Expenses $ 47,930 Travel $ 80,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 25,000 Equipment Purchases $ 3,010 Computer Charges $ 20,000 Real Estate Rentals $ 47,190 Telecommunications $ 24,926 Per Diem, Fees and Contracts $ 89,250 Total Funds Budgeted $ 907,306 State Funds Budgeted $ 898,463 Total Positions Budgeted 16 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 $ 4,054,119 Regular Operating Expenses $ 716,275 Travel $ 241,330 Motor Vehicle Equipment Purchases $ 48,200 Publications and Printing $ 344,600 Equipment Purchases $ 32,275 Computer Charges $ 58,826 Real Estate Rentals $ 272,190 Telecommunications $ 154,450 Per Diem, Fees and Contracts $ 180,903 Postage $ 160,000 Capital Outlay $ -0- Local Welcome Center Contracts $ 95,000 Advertising $ 828,000 Georgia Ports Authority - Authority Lease Rentals $ 2,605,000 Georgia Ports Authority - General Obligation Bond Payments $ 1,000,000 Historic Chattahoochee Commission Contract $ 40,000 Atlanta Council for International Visitors $ 25,000 Waterway Development in Georgia $ 25,000 Georgia Music Week Promotion $ 10,000 Georgia World Congress Center Operating Expenses $ 100,000 Georgia World Congress Center Marketing Program $ -0- International Council of Georgia, Inc. $ -0- Georgia Semiquincentenary Commission $ 80,000 Total Positions Budgeted 207 Authorized Motor Vehicles 21 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 $ 2,880,909 Regular Operating Expenses $ 1,085,408 Travel $ 24,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000 Equipment Purchases $ 40,000 Computer Charges $ 600 Real Estate Rentals $ -0- Telecommunications $ 45,840 Per Diem, Fees and Contracts $ 157,080 Atlanta Convention and Visitors Bureau $ 765,972 Total Funds Budgeted $ 5,020,809 State Funds Budgeted $ -0- Total Positions Budgeted 120 2. Georgia Ports Authority Budget: Personal Services $ 23,953,056 Regular Operating Expenses $ 7,870,228 Travel $ 435,207 Motor Vehicle Equipment Purchases $ 472,080 Publications and Printing $ 108,108 Equipment Purchases $ 3,836,805 Real Estate Rentals $ 99,403 Telecommunications $ 302,960 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations $ 2,089,184 Computer Charges $ 457,142 Per Diem, Fees and Contracts $ 1,211,582 Other Debt-Service Payments $ 696,150 Capital Outlay - Internal Operations $ 4,024,965 Capital Reinvestment $ -0- Total Funds Budgeted $ 45,556,870 State Funds Budgeted $ -0- Total Positions Budgeted 750 Budget Unit Object Classes: Personal Services $ 26,833,965 Regular Operating Expenses $ 8,955,636 Travel $ 459,207 Motor Vehicle Equipment Purchases $ 472,080 Publications and Printing $ 129,108 Equipment Purchases $ 3,876,805 Computer Charges $ 457,742 Real Estate Rentals $ 99,403 Telecommunications $ 348,800 Per Diem, Fees and Contracts $ 1,368,662 Repayments for State General Obligation Bonds and Authority Lease Rental Obligations $ 2,089,184 Other Debt-Service Payments $ 696,150 Capital Outlay - Internal Operations $ 4,024,965 Atlanta Convention and Visitors Bureau $ 765,972 Total Positions Budgeted 870 Authorized Motor Vehicles 36

Page 1985

It is the intent of this General Assembly that to the extent that gross income from operations exceeds the amout contemplated in this Appropriations Act, such excess may be applied toward

Page 1986

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. It is the intent of this General Assembly that the World Congress Center Authority repay, by direct remittance to the State Treasury during the next twenty years, the full amount of Capital Outlay authorized in the Fiscal 1978 appropriations bill, such repayments to begin no later than Fiscal 1980. Provided, further, that such payments in any year shall not exceed the net operating revenues derived from the operation of the parking and truck-marshalling facilities contemplated in such Capital Outlay appropriation. It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Ports Authority utilize existing surplus funds for payments to bond trustees for unmatured issues. Section 28. Department of Labor. A. Budget Unit: Inspection Division $ 781,882 Inspection Division Budget: Personal Services $ 639,000 Regular Operating Expenses $ 10,200 Travel $ 119,024 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 465 Computer Charges $ -0- Real Estate Rentals $ 7,591 Telecommunications $ 8,000 Per Diem, Fees and Contracts $ 500 Total Funds Budgeted $ 789,780 State Funds Budgeted $ 781,882 Total Positions Budgeted 29 Budget Unit Object Classes: Personal Services $ 639,000 Regular Operating Expenses $ 10,200 Travel $ 119,024 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 465 Computer Charges $ -0- Real Estate Rentals $ 7,591 Telecommunications $ 8,000 Per Diem, Fees and Contracts $ 500 Total Positions Budgeted 29 B. Budget Unit: Basic Employment, Work Incentive, Correctional Services and Comprehensive Employment and Training $ 3,156,367 1. Basic Employment Security and W.I.N. Budget: Personal Services $ 38,192,569 Regular Operating Expenses $ 2,396,700 Travel $ 1,057,741 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,600 Equipment Purchases $ 1,005,000 Computer Charges $ 1,038,000 Real Estate Rentals $ 1,117,000 Telecommunications $ 948,000 Per Diem, Fees and Contracts $ 1,250,000 W.I.N. Grants $ 600,000 Capital Outlay $ -0- Total Funds Budgeted $ 47,615,610 State Funds Budgeted $ 1,278,049 Total Positions Budgeted 1,601 2. Comprehensive Employment and Training Act (CETA) Budget: Personal Services $ 8,242,500 Regular Operating Expenses $ 839,200 Travel $ 121,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,000 Equipment Purchases $ 87,000 Computer Charges $ 104,000 Real Estate Rentals $ 206,000 Telecommunications $ 113,000 Per Diem, Fees and Contracts (CETA) $ 381,000 CETA Direct Benefits $ 34,500,000 Total Funds Budgeted $ 44,599,700 State Funds Budgeted $ -0- Total Positions Budgeted 422 3. Correctional Services Budget: Personal Services $ 1,668,300 Regular Operating Expenses $ 44,700 Travel $ 50,866 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 750 Equipment Purchases $ 1,000 Computer Charges $ 3,600 Real Estate Rentals $ 63,000 Telecommunications $ 39,000 Per Diem, Fees and Contracts $ 23,600 Total Funds Budgeted $ 1,894,816 State Funds Budgeted $ 1,878,318 Total Positions Budgeted 74 Budget Unit Object Classes: Personal Services $ 48,103,369 Regular Operating Expenses $ 3,280,600 Travel $ 1,229,607 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,350 Equipment Purchases $ 1,093,000 Computer Charges $ 1,145,600 Real Estate Rentals $ 1,386,000 Telecommunications $ 1,100,000 Per Diem, Fees and Contracts (CETA) $ 381,000 Per Diem, Fees and Contracts $ 1,273,600 W.I.N. Grants $ 600,000 CETA Direct Benefits $ 34,500,000 Capital Outlay $ -0- Total Positions Budgeted $ 2,097 Authorized Motor Vehicles 6

Page 1989

Section 29. Department of Law. Budget Unit: Department of Law $ 4,253,633 Attorney General's Office Budget: Personal Services $ 3,747,000 Regular Operating Expenses $ 214,700 Travel $ 105,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 37,200 Equipment Purchases $ 6,800 Computer Charges $ 9,252 Books for State Library $ 53,000 Real Estate Rentals $ 293,480 Telecommunications $ 89,891 Per Diem, Fees and Contracts $ 40,000 Capital Outlay $ -0- Total Funds Budgeted $ 4,596,323 State Funds Budgeted $ 4,253,633 Total Positions Budgeted 116 Budget Unit Object Classes: Personal Services $ 3,747,000 Regular Operating Expenses $ 214,700 Travel $ 105,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 37,200 Equipment Purchases $ 6,800 Computer Charges $ 9,252 Real Estate Rentals $ 293,480 Telecommunications $ 89,891 Per Diem, Fees and Contracts $ 40,000 Books for State Library $ 53,000 Capital Outlay $ -0- Total Positions Budgeted 116 Authorized Motor Vehicles 1 Fot the cost of operating the Department of Law provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys

Page 1990

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 30. Department of Medical Assistance. Budget Unit: Medicaid Services $ 202,770,526 1. Commissioner's Office Budget: Personal Services $ 1,557,819 Regular Operating Expenses $ 37,973 Travel $ 85,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 10,358 Equipment Purchases $ 5,602 Computer Charges $ -0- Real Estate Rentals $ 59,000 Telecommunications $ 55,900 Per Diem, Fees and Contracts $ 26,000 Postage $ 950 Utilities $ -0- Audits Contracts $ -0- Total Funds Budgeted $ 1,839,102 State Funds Budgeted $ 864,792 Total Positions Budgeted 74 2. Administration Budget: Personal Services $ 986,772 Regular Operating Expenses $ 64,711 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 17,500 Equipment Purchases $ 2,000 Computer Charges $ 55,000 Real Estate Rentals $ 67,500 Telecommunications $ 25,960 Per Diem, Fees and Contracts $ 233,500 Postage $ 164,564 Utilities $ -0- Audits Contracts $ 599,700 Total Funds Budgeted $ 2,228,207 State Funds Budgeted $ 870,372 Total Positions Budgeted 45 3. Program Management Budget: Personal Services $ 1,838,355 Regular Operating Expenses $ 63,011 Travel $ 50,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,200 Equipment Purchases $ 3,000 Computer Charges $ -0- Real Estate Rentals $ 69,600 Telecommunications $ 78,200 Per Diem, Fees and Contracts $ 8,736,700 Postage $ -0- Utilities $ -0- Contract with Georgia Medical Care Foundation $ -0- Total Funds Budgeted $ 10,875,066 State Funds Budgeted $ 1,391,487 Total Positions Budgeted 98 4. Operations Budget: Personal Services $ 1,868,708 Regular Operating Expenses $ 166,968 Travel $ 4,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 114,000 Equipment Purchases $ 1,800 Computer Charges $ 8,237,661 Real Estate Rentals $ 95,600 Telecommunications $ 89,700 Per Diem, Fees and Contracts $ 76,000 Postage $ 675,659 Utilities $ -0- Total Funds Budgeted $ 11,330,896 Indirect DOAS Services Funding $ 1,400,000 Agency Funds $ 8,420,288 State Funds Budgeted $ 1,510,608 Total Positions Budgeted 111 5. Benefits Payments Budget: Medicaid Benefits $ 619,689,843 Payments to Counties for Mental Health $ 8,898,900 Total Funds Budgeted $ 628,588,743 State Funds Budgeted $ 198,133,267 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 6,251,654 Regular Operating Expenses $ 332,663 Travel $ 151,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 178,058 Equipment Purchases $ 12,402 Computer Charges $ 8,292,661 Real Estate Rentals $ 291,700 Telecommunications $ 249,760 Per Diem, Fees and Contracts $ 9,072,200 Postage $ 841,173 Utilities $ -0- Medicaid Benefits $ 619,689,843 Payments to Counties for Mental Health $ 8,898,900 Audits Contracts $ 599,700 Contract with Georgia Medical Care Foundation $ -0- Total Positions Budgeted 328 Authorized Motor Vehicles 4

Page 1992

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 therebefore.

Page 1993

Provided, that any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting and other purposes for Payments to Counties for Mental Health. Section 31. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Agency Assessments $ 4,574,525 1. Applicant Services Budget: Personal Services $ 831,040 Regular Operating Expenses $ 16,490 Travel $ 11,670 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 55,000 Equipment Purchases $ 6,250 Computer Charges $ 416,130 Real Estate Rentals $ -0- Telecommunications $ 20,260 Per Diem, Fees and Contracts $ 2,800 Postage $ 75,480 Total Funds Budgeted $ 1,435,120 Agency Assessments $ 1,435,120 Total Positions Budgeted 41 2. Classification and Compensation Budget: Personal Services $ 458,655 Regular Operating Expenses $ 6,160 Travel $ 2,465 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,840 Equipment Purchases $ -0- Computer Charges $ 159,665 Real Estate Rentals $ -0- Telecommunications $ 6,530 Per Diem, Fees and Contracts $ 1,000 Postage $ 2,555 Total Funds Budgeted $ 644,870 Agency Assessments $ 644,870 Total Positions Budgeted 20 3. Program Evaluation and Audit Budget: Personal Services $ 301,225 Regular Operating Expenses $ 8,470 Travel $ 1,025 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 800 Equipment Purchases $ 225 Computer Charges $ 207,565 Real Estate Rentals $ -0- Telecommunications $ 5,195 Per Diem, Fees and Contracts $ -0- Postage $ 1,100 Total Funds Budgeted $ 525,605 Agency Assessments $ 525,605 Total Positions Budgeted 14 4. Employee Training and Development Budget: Personal Services $ 561,745 Regular Operating Expenses $ 29,000 Travel $ 22,765 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 20,000 Equipment Purchases $ 2,350 Computer Charges $ 15,965 Real Estate Rentals $ -0- Telecommunications $ 10,720 Per Diem, Fees and Contracts $ 127,500 Postage $ 3,600 Total Funds Budgeted $ 793,645 Agency Assessments $ 793,645 Total Positions Budgeted 24 5. Health Insurance Administration Budget: Personal Services $ 438,435 Regular Operating Expenses $ 11,220 Travel $ 3,595 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 9,900 Equipment Purchases $ 1,425 Computer Charges $ 234,280 Real Estate Rentals $ 23,000 Telecommunications $ 38,485 Per Diem, Fees and Contracts $ 3,427,270 Postage $ 24,420 Total Funds Budgeted $ 4,212,030 Other Health Insurance Agency Funds $ -0- Employer and Employee Contributions $ 4,212,030 Total Positions Budgeted 24 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 $ 4,678,665 Postage $ -0- Health Insurance Claims $ 134,990,000 Total Funds Budgeted $ 139,668,665 Other Health Insurance Agency Funds $ -0- Employer and Employee Contributions $ 139,668,665 Total Positions Budgeted 0 7. Internal Administration Budget: Personal Services $ 675,150 Regular Operating Expenses $ 16,510 Travel $ 5,475 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 8,000 Equipment Purchases $ 1,615 Computer Charges $ 63,995 Real Estate Rentals $ -0- Telecommunications $ 14,440 Per Diem, Fees and Contracts $ -0- Postage $ 3,330 Federal Sub-grants to State and Local Agencies $ -0- Total Funds Budgeted $ 788,515 Agency Assessments $ 615,920 Employer and Employee Contributions $ 144,011 Deferred Compensation $ 28,584 Total Positions Budgeted 35 8. Commissioner's Office Budget: Personal Services $ 283,750 Regular Operating Expenses $ 13,825 Travel $ 9,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,630 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 178,950 Telecommunications $ 5,385 Per Diem, Fees and Contracts $ 49,960 Postage $ 3,665 Total Funds Budgeted $ 559,365 Agency Assessments $ 559,365 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 3,550,000 Regular Operating Expenses $ 101,675 Travel $ 56,195 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 116,170 Equipment Purchases $ 11,865 Computer Charges $ 1,097,600 Real Estate Rentals $ 201,950 Telecommunications $ 101,015 Per Diem, Fees and Contracts $ 8,287,195 Postage $ 114,150 Federal Sub-grants to State and Local Agencies $ -0- Health Insurance Claim Payments $ 134,990,000 Total Positions Budgeted 166 Authorized Motor Vehicles 0

Page 1997

Provided, that it is the intent of this General Assembly that the employer contribution paid by the State for Techers 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 32. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 48,475,732 1. Internal Administration Budget: Personal Services $ 1,925,800 Regular Operating Expenses $ 183,504 Travel $ 19,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 187,290 Equipment Purchases $ 7,900 Computer Charges $ 171,325 Real Estate Rentals $ 153,542 Telecommunications $ 70,714 Per Diem, Fees and Contracts $ 68,500 Postage $ 96,800 Capital Outlay - Heritage Trust $ 75,000 Total Funds Budgeted $ 2,959,875 Receipts from Jekyll Island State Park Authority and Stone Mountain Memorial Association $ 40,000 State Funds Budgeted $ 2,866,676 Total Positions Budgeted 84 2. Game and Fish Budget: Personal Services $ 11,465,687 Regular Operating Expenses $ 3,293,350 Travel $ 93,775 Motor Vehicle Equipment Purchases $ 698,012 Publications and Printing $ 80,300 Equipment Purchases $ 345,200 Computer Charges $ 50,800 Real Estate Rentals $ 42,581 Telecommunications $ 221,150 Per Diem, Fees and Contracts $ 83,155 Postage $ 64,000 Capital Outlay - Hatchery Renovation $ 8,000 Capital Outlay - Repairs and Maintenance $ -0- Capital Outlay $ 433,730 Grants to Local Governments $ -0- Capital Outlay - Consolidated Maintenance $ 241,506 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 350,000 Total Funds Budgeted $ 17,471,246 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 13,941,989 Total Positions Budgeted 484 3. Parks, Recreation and Historic Sites Budget: Personal Services $ 8,211,000 Regular Operating Expenses $ 3,614,241 Travel $ 100,323 Motor Vehicle Equipment Purchases $ 177,297 Publications and Printing $ 125,000 Equipment Purchases $ 254,600 Computer Charges $ 17,220 Real Estate Rentals $ 111,392 Telecommunications $ 230,270 Per Diem, Fees and Contracts $ 185,600 Postage $ 65,000 Capital Outlay $ 286,000 Capital Outlay - Repairs and Maintenance $ 1,525,850 Capital Outlay - Shop Stock $ 300,000 Cost of Material for Resale $ 825,000 Authority Lease Rentals $ 2,033,000 Land and Water Conservation Grants $ 1,500,000 Recreation Grants $ 390,000 YACC and YCC Grants $ -0- Contract - Special Olympics, Inc. $ 186,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - User Fee Enhancements $ 1,200,000 Technical Assistance Contract $ 100,000 Total Funds Budgeted $ 21,487,793 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 12,715,502 Total Positions Budgeted 394 4. Environmental Protection Budget: Personal Services $ 8,703,466 Regular Operating Expenses $ 662,987 Travel $ 288,510 Motor Vehicle Equipment Purchases $ 36,214 Publications and Printing $ 74,300 Equipment Purchases $ 45,398 Computer Charges $ 128,550 Real Estate Rentals $ 482,560 Telecommunications $ 174,440 Per Diem, Fees and Contracts $ 682,699 Postage $ 98,000 Solid Waste Grants $ 1,500,000 Water and Sewer Grants $ 6,000,000 Contract with U.S. Geological Survey for Ground Water Resources Survey $ 250,437 Topographic Mapping U.S. Geological Survey $ 125,000 Total Funds Budgeted $ 19,252,561 State Funds Budgeted $ 15,983,873 Total Positions Budgeted 347 5. Coastal Resources Budget: Personal Services $ 755,301 Regular Operating Expenses $ 225,911 Travel $ 20,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 28,100 Equipment Purchases $ 5,231 Computer Charges $ 14,894 Real Estate Rentals $ -0- Telecommunications $ 24,361 Per Diem, Fees and Contracts $ 8,450 Postage $ 16,900 Capital Outlay $ -0- Capital Outlay - Repairs and Maintenance $ 2,763 Capital Outlay - Buoy Maintenance $ 13,000 Total Funds Budgeted $ 1,114,911 State Funds Budgeted $ 1,061,900 Total Positions Budgeted 29 6. Lake Lanier Islands Development Authority Budget: Payments to Lake Lanier Islands Development Authority for Operations $ 510,884 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 376,847 Total Funds Budgeted $ 887,731 State Funds Budgeted $ 887,731 Total Positions Budgeted 0 7. 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 $ 938,061 Total Funds Budgeted $ 938,061 State Funds Budgeted $ 938,061 Total Positions Budgeted 0 8. Georgia Hazardous Waste Management Authority Budget: Payments to Georgia Hazardous Waste Management Authority $ 80,000 Total Funds Budgeted $ 80,000 State Funds Budgeted $ 80,000 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 31,061,254 Regular Operating Expenses $ 7,979,993 Travel $ 522,108 Motor Vehicle Equipment Purchases $ 911,523 Publications and Printing $ 494,990 Equipment Purchases $ 658,329 Computer Charges $ 382,789 Real Estate Rentals $ 790,075 Telecommunications $ 720,935 Per Diem, Fees and Contracts $ 1,028,404 Postage $ 340,700 Land and Water Conservation Grants $ 1,500,000 Recreation Grants $ 390,000 Young Adult Conservation Corps and Youth Conservation Corps Grants $ -0- Water and Sewer Grants $ 6,000,000 Solid Waste Grants $ 1,500,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 250,437 Contract with U.S. Geological Survey for Topographic Maps $ 125,000 Capital Outlay - Hatchery Renovation $ 8,000 Capital Outlay $ 719,730 Capital Outlay - Repairs and Maintenance $ 1,528,613 Capital Outlay - Shop Stock $ 300,000 Capital Outlay - Heritage Trust $ 75,000 Authority Lease Rentals $ 2,033,000 Cost of Material for Resale $ 825,000 Payments to Lake Lanier Islands Development Authority for Operations $ 510,884 Payments to Lake Lanier Islands Development Authority for Capital Outlay $ 376,847 Payments to Jekyll Island State Park Authority for Operations $ -0- Payments to Jekyll Island State Park Authority for Capital Outlay $ 938,061 Contract - Special Olympics, Inc. $ 186,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 350,000 Payments to Georgia Hazardous Waste Management Authority $ 80,000 Capital Outlay - User Fee Enhancements $ 1,200,000 Capital Outlay - Buoy Maintenance $ 13,000 Capital Outlay - Consolidated Maintenance $ 241,506 Technical Assistance Contract $ 100,000 Total Positions Budgeted 1,338 Authorized Motor Vehicles 1,017 Provided, that no land shall be purchased for State park purposes from funds appropriated under this Section or from any other funds without the approval of the State Properties Control Commission, except that land specifically provided for in this Section. Provided, however, that $1,000,000 of the above appropriation for Water and Sewer Grants shall be available for allotment to counties and municipalities for emergency type projects, 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 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 to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities. B. Budget Unit: Authorities $ -0- 1. Lake Lanier Islands Development Authority Budget: Personal Services $ 1,508,000 Regular Operating Expenses $ 581,500 Travel $ 5,950 Motor Vehicle Equipment Purchases $ 34,500 Publications and Printing $ 42,000 Equipment Purchases $ 77,160 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 39,000 Per Diem, Fees and Contracts $ 27,500 Capital Outlay $ 731,194 Campground Sinking Fund $ -0- Promotion Expenses $ -0- Total Funds Budgeted $ 3,046,804 State Funds Budgeted $ -0- Total Positions Budgeted 63 2. Jekyll Island State Park Authority Budget: Personal Services $ 2,339,866 Regular Operating Expenses $ 1,724,023 Travel $ 18,954 Motor Vehicle Equipment Purchases $ 60,000 Publications and Printing $ 18,688 Equipment Purchases $ 203,730 Computer Charges $ 20,000 Real Estate Rentals $ -0- Telecommunications $ 37,978 Per Diem, Fees and Contracts $ 63,300 Mortgage Payments $ -0- Capital Outlay $ 1,928,061 Promotion Expenses $ -0- Payments to the Department of Natural Resources $ 40,000 Total Funds Budgeted $ 162 State Funds Budgeted -0- Total Positions Budgeted 162 3. Georgia Hazardous Waste Management Authority 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 $ 80,000 Capital Outlay $ -0- Total Funds Budgeted $ 80,000 State Funds Budgeted $ -0- Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 3,847,866 Regular Operating Expenses $ 2,305,523 Travel $ 24,904 Motor Vehicle Equipment Purchases $ 94,500 Publications and Printing $ 60,688 Equipment $ 280,890 Computer Charges $ 20,000 Real Estate Rentals $ -0- Telecommunications $ 76,978 Per Diem, Fees and Contracts $ 170,800 Capital Outlay $ 2,659,255 Promotion Expense $ -0- Campground Sinking Fund $ -0- Payments to the Department of Natural Resources $ 40,000 Mortgage Payments $ -0- Total Positions Budgeted 225 Authorized Motor Vehicles 91

Page 2004

It is the intent of this General Assembly that Lake Lanier Islands Development Authority shall not be free to borrow money until the Authority

Page 2005

requests and obtains the approval of the Georgia State Financing and Investment Commission. Section 33. Department of Offender Rehabilitation. A. Budget Unit: Department of Offender Rehabilitation $ 115,580,119 1. General Administration and Support Budget: Personal Services $ 3,281,300 Regular Operating Expenses $ 260,315 Travel $ 60,030 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 19,300 Computer Charges $ 546,104 Real Estate Rentals $ 225,000 Telecommunications $ 170,400 Per Diem, Fees and Contracts $ 491,245 Utilities $ -0- Total Funds Budgeted $ 5,053,694 Indirect DOAS Services Funding $ 415,000 State Funds Budgeted $ 4,590,399 Total Positions Budgeted 148 2. Georgia Training and Development Center Budget: Personal Services $ 1,229,070 Regular Operating Expenses $ 116,410 Travel $ 770 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 20,205 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,500 Per Diem, Fees and Contracts $ -0- Utilities $ 111,680 Total Funds Budgeted $ 1,491,635 State Funds Budgeted $ 1,476,720 Total Positions Budgeted 65 3. Georgia Industrial Institute Budget: Personal Services $ 4,979,860 Regular Operating Expenses $ 714,487 Travel $ 7,854 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,899 Equipment Purchases $ 40,664 Computer Charges $ -0- Real Estate Rentals $ 30 Telecommunications $ 42,470 Per Diem, Fees and Contracts $ 2,400 Utilities $ 496,500 Health Service Purchases $ 64,606 Total Funds Budgeted $ 6,351,770 State Funds Budgeted $ 6,289,320 Total Positions Budgeted 303 4. Alto Education and Evaluation Center Budget: Personal Services $ 1,233,921 Regular Operating Expenses $ 57,130 Travel $ 3,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 4,920 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 1,303,371 State Funds Budgeted $ 1,088,450 Total Positions Budgeted 50 5. Georgia Diagnostic and Classification Center Budget: Personal Services $ 4,794,844 Regular Operating Expenses $ 652,807 Travel $ 2,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 20,644 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 39,645 Per Diem, Fees and Contracts $ 3,300 Utilities $ 478,000 Health Service Purchases $ 67,835 Total Funds Budgeted $ 6,059,275 State Funds Budgeted $ 5,999,360 Total Positions Budgeted 288 6. Georgia State Prison Budget: Personal Services $ 10,921,560 Regular Operating Expenses $ 818,075 Travel $ 7,750 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 153,600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 73,800 Per Diem, Fees and Contracts $ 63,800 Utilities $ 1,200,000 Capital Outlay $ -0- Total Funds Budgeted $ 13,238,585 Indirect DOAS Services Funding $ 35,000 State Funds Budgeted $ 13,046,450 Total Positions Budgeted 676 7. Consolidated Branches Budget: Personal Services $ 3,706,085 Regular Operating Expenses $ 383,475 Travel $ 4,465 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 38,305 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 43,750 Per Diem, Fees and Contracts $ 12,000 Utilities $ 314,400 Total Funds Budgeted $ 4,502,480 State Funds Budgeted $ 4,335,805 Total Positions Budgeted 212 8. Lee Correctional Institution Budget: Personal Services $ 1,861,500 Regular Operating Expenses $ 184,415 Travel $ 2,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 24,100 Per Diem, Fees and Contracts $ -0- Utilities $ 200,000 Total Funds Budgeted $ 2,274,965 State Funds Budgeted $ 2,252,215 Total Positions Budgeted 117 9. Montgomery Correctional Institution Budget: Personal Services $ 1,086,900 Regular Operating Expenses $ 140,760 Travel $ 1,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 11,850 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 14,000 Per Diem, Fees and Contracts $ 3,360 Utilities $ 124,600 Capital Outlay $ -0- Total Funds Budgeted $ 1,382,920 State Funds Budgeted $ 1,369,090 Total Positions Budgeted 59 10. Walker Correctional Institution Budget: Personal Services $ 1,089,880 Regular Operating Expenses $ 166,650 Travel $ 2,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 22,660 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 18,500 Per Diem, Fees and Contracts $ -0- Utilities $ 121,500 Total Funds Budgeted $ 1,421,790 State Funds Budgeted $ 1,407,575 Total Positions Budgeted 62 11. Middle Georgia Correctional Institution - Women's Unit Budget: Personal Services $ 1,845,226 Regular Operating Expenses $ 101,378 Travel $ 200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 4,556 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Total Funds Budgeted $ 1,951,360 State Funds Budgeted $ 1,931,845 Total Positions Budgeted 110 12. Jack T. Rutledge Correctional Institution Budget: Personal Services $ 2,432,800 Regular Operating Expenses $ 230,570 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 1,105 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 13,000 Per Diem, Fees and Contracts $ -0- Utilities $ 230,000 Total Funds Budgeted $ 2,908,975 State Funds Budgeted $ 2,879,885 Total Positions Budgeted 140 13. Middle Georgia Correctional Institution - Youthful Offender Unit Budget: Personal Services $ 4,109,915 Regular Operating Expenses $ 543,727 Travel $ 4,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 61,495 Computer Charges $ -0- Real Estate Rentals $ 3,960 Telecommunications $ 93,486 Per Diem, Fees and Contracts $ -0- Utilities $ 200,000 Health Service Purchases $ 44,000 Payments to Central State Hospital for Utilities $ 404,000 Total Funds Budgeted $ 5,464,883 State Funds Budgeted $ 5,410,675 Total Positions Budgeted 240 14. Central Correctional Institution Budget: Personal Services $ 2,231,170 Regular Operating Expenses $ 204,250 Travel $ 2,075 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 7,645 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 15,750 Per Diem, Fees and Contracts $ -0- Utilities $ 212,000 Total Funds Budgeted $ 2,672,890 State Funds Budgeted $ 2,646,160 Total Positions Budgeted 135 15. Middle Georgia Correctional Institution - Men's Unit Budget: Personal Services $ 1,638,580 Regular Operating Expenses $ 95,100 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 785 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Payments to Central State Hospital for Utilities $ -0- Total Funds Budgeted $ 1,734,465 State Funds Budgeted $ 1,717,120 Total Positions Budgeted 97 16. Metro Correctional Institution Budget: Personal Services $ 2,881,881 Regular Operating Expenses $ 360,125 Travel $ 2,580 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 11,904 Computer Charges $ -0- Real Estate Rentals $ 8,700 Telecommunications $ 34,000 Per Diem, Fees and Contracts $ 10,000 Health Service Purchases $ 51,040 Utilities $ 210,000 Total Funds Budgeted $ 3,570,230 State Funds Budgeted $ 3,535,040 Total Positions Budgeted 184 17. Coastal Correctional Institution Budget: Personal Services $ 2,788,790 Regular Operating Expenses $ 470,632 Travel $ 5,993 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,201 Equipment Purchases $ 8,760 Computer Charges $ -0- Real Estate Rentals $ 5,000 Telecommunications $ 37,000 Per Diem, Fees and Contracts $ 10,800 Health Service Purchases $ 94,969 Utilities $ 209,000 Total Funds Budgeted $ 3,634,145 State Funds Budgeted $ 3,529,455 Total Positions Budgeted 177 18. Adult Facilities and Programs Budget: Personal Services $ 2,656,129 Regular Operating Expenses $ 195,791 Travel $ 54,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 6,627 Computer Charges $ -0- Real Estate Rentals $ 3,000 Telecommunications $ 26,270 Per Diem, Fees and Contracts $ 97,000 Utilities $ -0- Total Funds Budgeted $ 3,039,717 State Funds Budgeted $ 3,009,628 Total Positions Budgeted 125 19. Central Funds Budget: Personal Services $ 92,200 Regular Operating Expenses $ 1,085,980 Travel $ 15,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 145,000 Equipment Purchases $ 217,220 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ -0- Utilities $ -0- Authority Lease Rentals $ 840,000 Payments to Jails for State Prisoner Medical Costs $ 219,000 Court Costs $ 264,000 Inmate Release Funds $ 630,000 County Subsidy $ 6,761,625 County Subsidy for Jails $ 912,500 Revolving Fund for County Workcamp Construction $ 92,072 Central Repair Fund $ 500,000 Grants for County Workcamp Construction $ 155,000 Capital Outlay $ -0- Total Funds Budgeted $ 11,929,597 State Funds Budgeted $ 11,735,842 Total Positions Budgeted 3 20. Training and Staff Development Center Budget: Personal Services $ 663,000 Regular Operating Expenses $ 166,700 Travel $ 117,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,600 Equipment Purchases $ 10,000 Computer Charges $ -0- Real Estate Rentals $ 34,000 Telecommunications $ 16,000 Per Diem, Fees and Contracts $ -0- Utilities $ 18,000 Total Funds Budgeted $ 1,027,300 State Funds Budgeted $ 1,017,027 Total Positions Budgeted 32 21. D.O.T. Work Details Budget: Personal Services $ 420,000 Regular Operating Expenses $ 14,100 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 $ 434,100 State Funds Budgeted $ -0- Total Positions Budgeted 26 22. Food Processing and Distribution Budget: Personal Services $ 2,357,700 Regular Operating Expenses $ 3,812,540 Travel $ 4,850 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 165,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 9,000 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Capital Outlay $ -0- Payments to Central State Hospital for Meals $ 1,401,635 Payments to Central State Hospital for Utilities $ 45,000 Total Funds Budgeted $ 7,795,725 State Funds Budgeted $ 7,336,088 Total Positions Budgeted 154 23. Farm Operations Budget: Personal Services $ 600,000 Regular Operating Expenses $ 2,921,800 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 60,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ -0- Per Diem, Fees and Contracts $ 49,900 Utilities $ -0- Capital Outlay $ -0- Total Funds Budgeted $ 3,631,700 State Funds Budgeted $ 3,565,685 Total Positions Budgeted 33 24. Dodge Correctional Institution Budget: Personal Services $ 1,700,917 Regular Operating Expenses $ 276,240 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 9,369 Computer Charges $ -0- Real Estate Rentals $ 6,000 Telecommunications $ 23,000 Per Diem, Fees and Contracts $ 36,000 Utilities $ 175,000 Health Service Purchases $ 41,554 Total Funds Budgeted $ 2,270,080 State Funds Budgeted $ 2,243,895 Total Positions Budgeted 146 25. Transitional Centers Budget: Personal Services $ 2,124,900 Regular Operating Expenses $ 216,820 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 15,300 Computer Charges $ -0- Real Estate Rentals $ 201,800 Telecommunications $ 32,800 Per Diem, Fees and Contracts $ 5,800 Utilities $ 221,000 Capital Outlay $ -0- Total Funds Budgeted $ 2,824,420 State Funds Budgeted $ 2,796,175 Total Positions Budgeted 119 26. Augusta Correctional and Medical Institution Budget: Personal Services $ 3,565,805 Regular Operating Expenses $ 947,700 Travel $ 6,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 7,600 Computer Charges $ -0- Real Estate Rentals $ 8,700 Telecommunications $ 30,950 Per Diem, Fees and Contracts $ 4,800 Utilities $ 330,000 Health Service Purchases $ 1,147,000 Total Funds Budgeted $ 6,048,555 State Funds Budgeted $ 5,991,740 Total Positions Budgeted $ 289 27. Health Care Budget: Personal Services $ 3,080,400 Regular Operating Expenses $ 675,550 Travel $ -0- Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 36,850 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,500 Per Diem, Fees and Contracts $ -0- Utilities $ -0- Health Service Purchases $ 6,606,000 Total Funds Budgeted $ 10,401,300 State Funds Budgeted $ 10,363,345 Total Positions Budgeted 145 28. Middle Georgia Correctional Institution - Rivers Unit Budget: Personal Services $ 2,418,360 Regular Operating Expenses $ 318,000 Travel $ 2,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 7,500 Computer Charges $ -0- Real Estate Rentals $ 6,900 Telecommunications $ 36,000 Per Diem, Fees and Contracts $ 4,800 Payments to Central State Hospital for Utilities $ 277,600 Payments to Central State Hospital for Meals $ 528,885 Health Service Purchases $ 445,795 Total Funds Budgeted $ 4,045,840 State Funds Budgeted $ 4,015,130 Total Positions Budgeted 188 Budget Unit Object Classes: Personal Services $ 71,792,693 Regular Operating Expenses $ 16,131,527 Travel $ 317,417 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 153,700 Equipment Purchases $ 966,314 Computer Charges $ 546,104 Real Estate Rentals $ 503,090 Telecommunications $ 813,921 Per Diem, Fees and Contracts $ 795,205 Utilities $ 4,851,680 Payments to Central State Hospital for Meals $ 1,930,520 Payments to Central State Hospital for Utilities $ 726,600 Payments to Jails for State Prisoner Medical Costs $ 219,000 Court Costs $ 264,000 Inmate Release Funds $ 630,000 Revolving Fund for County Workcamp Construction $ 92,072 County Subsidy $ 6,761,625 County Subsidy for Jails $ 912,500 Grants for County Workcamp Construction $ 155,000 Health Service Purchases $ 8,562,799 Central Repair Fund $ 500,000 Authority Lease Rentals $ 840,000 Capital Outlay $ -0- Total Positions Budgeted 4,323 Authorized Motor Vehicles 406 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. Provided, that of the above appropriation relating to the revolving fund and grants for county workcamp construction, the State shall provide no more than fifty percent of the total construction cost. B. Budget Unit: Board of Pardons and Paroles $ 5,467,737 Board of Pardons and Paroles Budget: Personal Services $ 4,755,000 Regular Operating Expenses $ 132,980 Travel $ 216,770 Motor Vehicle Equipment Purchases $ 95,000 Publications and Printing $ 15,500 Equipment Purchases $ 9,437 Computer Charges $ 12,000 Real Estate Rentals $ 127,620 Telecommunications $ 109,000 Per Diem, Fees and Contracts $ 11,200 County Jail Subsidy $ 37,200 Total Funds Budgeted $ 5,521,707 State Funds Budgeted $ 5,467,737 Total Positions Budgeted $ 237 Budget Unit Object Classes: Personal Services $ 4,755,000 Regular Operating Expenses $ 132,980 Travel $ 216,770 Motor Vehicle Equipment Purchases $ 95,000 Publications and Printing $ 15,500 Equipment Purchases $ 9,437 Computer Charges $ 12,000 Real Estate Rentals $ 127,620 Telecommunications $ 109,000 Per Diem, Fees and Contracts $ 11,200 County Jail Subsidy $ 37,200 Total Positions Budgeted 237 Authorized Motor Vehicles 15 C. Budget Unit: Georgia Correctional Industries $ -0- Georgia Correctional Industries Budget: Personal Services $ 1,479,910 Regular Operating Expenses $ 588,400 Travel $ 39,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 369,000 Computer Charges $ 1,800 Real Estate Rentals $ 24,300 Telecommunications $ 41,900 Per Diem, Fees and Contracts $ 119,100 Cost of Sales $ 3,938,000 Repayment of Prior Year's Appropriations $ 84,000 Capital Outlay $ -0- Total Funds Budgeted $ 6,686,210 State Funds Budgeted $ -0- Total Positions Budgeted 66 Budget Unit Object Classes: Personal Services $ 1,479,910 Regular Operating Expenses $ 588,400 Travel $ 39,800 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 369,000 Computer Charges $ 1,800 Real Estate Rentals $ 24,300 Telecommunications $ 41,900 Per Diem, Fees and Contracts $ 119,100 Cost of Sales $ 3,938,000 Repayment of Prior Year's Appropriations $ 84,000 Capital Outlay $ -0- Total Positions Budgeted 66 Authorized Motor Vehicles 16 D. Budget Unit: Probation Division Operations $ 16,361,658 1. Probation Operations Budget: Personal Services $ 11,897,352 Regular Operating Expenses $ 337,280 Travel $ 256,470 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 66,890 Computer Charges $ -0- Real Estate Rentals $ 254,250 Telecommunications $ 186,780 Utilities $ 5,500 Per Diem, Fees and Contracts $ 8,000 Grants for Independent Probation Systems $ 450,000 Total Funds Budgeted $ 13,462,522 State Funds Budgeted $ 13,337,712 Total Positions Budgeted 642 2. Diversion Centers Budget: Personal Services $ 2,790,305 Regular Operating Expenses $ 211,195 Travel $ 17,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 69,096 Computer Charges $ -0- Real Estate Rentals $ 258,310 Telecommunications $ 44,000 Utilities $ 170,000 Per Diem, Fees and Contracts $ 14,000 Total Funds Budgeted $ 3,574,206 State Funds Budgeted $ 3,023,946 Total Positions Budgeted 157 Budget Unit Object Classes: Personal Services $ 14,687,657 Regular Operating Expenses $ 548,475 Travel $ 273,770 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ -0- Equipment Purchases $ 135,986 Computer Charges $ -0- Real Estate Rentals $ 512,560 Telecommunications $ 230,780 Utilities $ 175,500 Per Diem, Fees and Contracts $ 22,000 Grants for Independent Probation Systems $ 450,000 Total Positions Budgeted 799 Authorized Motor Vehicles 90

Page 2021

Section 34. Department of Public Safety. Budget Unit: Department of Public Safety $ 49,233,425 1. Office of Highway Safety Budget: Personal Services $ 351,437 Regular Operating Expenses $ 25,400 Travel $ 17,500 Motor Vehicle Equipment Purchases $ 16,000 Publications and Printing $ 6,000 Equipment Purchases $ 800 Computer Charges $ 9,250 Real Estate Rentals $ 40,200 Telecommunications $ 18,000 Per Diem, Fees and Contracts $ -0- Postage $ 4,500 Total Funds Budgeted $ 489,087 State Funds Budgeted $ 121,049 Total Positions Budgeted 14 2. Administration Budget: Personal Services $ 3,547,005 Regular Operating Expenses $ 1,372,164 Travel $ 86,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 135,000 Equipment Purchases $ 5,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 130,000 Per Diem, Fees and Contracts $ 70,440 Postage $ 40,000 Total Funds Budgeted $ 5,385,609 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 5,297,417 Total Positions Budgeted 175 3. Driver Services Budget: Personal Services $ 5,390,333 Regular Operating Expenses $ 218,468 Travel $ 3,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 671,000 Equipment Purchases $ 11,855 Computer Charges $ 2,248,214 Real Estate Rentals $ 6,198 Telecommunications $ 47,200 Per Diem, Fees and Contracts $ 500 Postage $ 570,000 Conviction Reports $ 180,000 Capital Outlay $ -0- Total Funds Budgeted $ 9,347,268 Indirect DOAS Services Funding $ 1,500,000 State Funds Budgeted $ 7,764,020 Total Positions Budgeted 316 4. Field Operations Budget: Personal Services $ 24,394,355 Regular Operating Expenses $ 4,743,788 Travel $ 19,000 Motor Vehicle Equipment Purchases $ 2,588,166 Publications and Printing $ 200,000 Equipment Purchases $ 227,563 Computer Charges $ -0- Real Estate Rentals $ 1,896 Telecommunications $ 250,000 Per Diem, Fees and Contracts $ 7,900 Postage $ 36,000 Capital Outlay $ -0- Total Funds Budgeted $ 32,468,668 Indirect DOAS Services Funding $ 150,000 State Funds Budgeted $ 31,993,812 Total Positions Budgeted 981 5. Georgia Peace Officer Standards and Training Budget: Personal Services $ 625,126 Regular Operating Expenses $ 84,483 Travel $ 25,000 Motor Vehicle Equipment Purchases $ 22,500 Publications and Printing $ 15,800 Equipment Purchases $ -0- Computer Charges $ 40,100 Real Estate Rentals $ 45,000 Telecommunications $ 19,000 Per Diem, Fees and Contracts $ 15,200 Postage $ 4,800 Peace Officers Training Grants $ 1,595,026 Total Funds Budgeted $ 2,492,035 State Funds Budgeted $ 2,483,065 Total Positions Budgeted 25 6. Police Academy: Personal Services $ 432,000 Regular Operating Expenses $ 122,750 Travel $ 6,300 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 13,200 Equipment Purchases $ 3,480 Computer Charges $ 12,598 Real Estate Rentals $ -0- Telecommunications $ 9,300 Per Diem, Fees and Contracts $ 117,000 Postage $ 2,400 Total Funds Budgeted $ 726,528 State Funds Budgeted $ 696,619 Total Positions Budgeted 16 7. Fire Academy: Personal Services $ 267,931 Regular Operating Expenses $ 38,600 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 17,500 Publications and Printing $ 2,800 Equipment Purchases $ 15,000 Computer Charges $ 70,920 Real Estate Rentals $ 15,182 Telecommunications $ 7,500 Per Diem, Fees and Contracts $ 75,000 Postage $ 5,500 Total Funds Budgeted $ 527,933 State Funds Budgeted $ 493,663 Total Positions Budgeted 12 8. Georgia Firefighter Standards and Training Council Budget: Personal Services $ 110,631 Regular Operating Expenses $ 10,140 Travel $ 8,700 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 2,500 Equipment Purchases $ 2,000 Computer Charges $ -0- Real Estate Rentals $ 3,000 Telecommunications $ 3,600 Per Diem, Fees and Contracts $ 2,500 Postage $ 1,100 Total Funds Budgeted $ 151,671 State Funds Budgeted $ 150,154 Total Positions Budgeted 4 9. Organized Crime Prevention Council Budget: Personal Services $ 107,898 Regular Operating Expenses $ 15,300 Travel $ 10,000 Motor Vehicle Equipment Purchases $ 7,500 Publications and Printing $ 1,500 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 2,800 Per Diem, Fees and Contracts $ 18,840 Postage $ 1,000 Total Funds Budgeted $ 164,838 State Funds Budgeted $ 163,190 Total Positions Budgeted 3 10. Georgia Public Safety Training Facility Budget: Personal Services $ 57,892 Regular Operating Expenses $ 850 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 3,500 Telecommunications $ 3,000 Per Diem, Fees and Contracts $ 2,500 Capital Outlay $ -0- Total Funds Budgeted $ 70,942 State Funds Budgeted $ 70,436 Total Positions Budgeted 2 Authorized Motor Vehicles 0 Budget Unit Object Classes: Personal Services $ 35,284,608 Regular Operating Expenses $ 6,631,943 Travel $ 191,000 Motor Vehicle Equipment Purchases $ 2,666,666 Publications and Printing $ 1,048,000 Equipment Purchases $ 265,698 Computer Charges $ 2,381,082 Real Estate Rentals $ 114,976 Telecommunications $ 490,400 Per Diem, Fees and Contracts $ 309,880 Postage $ 665,300 Conviction Reports $ 180,000 Peace Officers Training Grant $ 1,595,026 Capital Outlay $ -0- Total Positions Budgeted 1,548 Authorized Motor Vehicles 1,048

Page 2025

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

Page 2026

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. It is the intent of this General Assembly that for the purpose of purchasing Police Pursuit Motor Vehicles, the Department of Public Safety is hereinafter authorized to develop and establish specifications for said purchases of Police Pursuit Vehicles when such purchases are made by the State of Georgia, or otherwise placed a part of a State of Georgia Contract. Provided, further, that the development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. Provided, further, the Department of Administrative Services is hereby instructed to complete said specifications and place to bid for the letting of contracts by December 1 of such fiscal year. Section 35. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 11,983,100 Departmental Operations Budget: Payments to Employees' Retirement System $ 165,000 Employer Contributions $ 11,818,100 Total Funds Budgeted $ 11,983,100 State Funds Budgeted $ 11,983,100 Budget Unit Object Classes: Payments to Employees' Retirement System $ 165,000 Employer Contributions $ 11,818,100

Page 2027

Section 36. Public Service Commission. Budget Unit: Public Service Commission $ 3,854,967 1. Administration Budget: Personal Services $ 712,641 Regular Operating Expenses $ 35,634 Travel $ 10,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,500 Equipment Purchases $ 8,040 Computer Charges $ 2,500 Real Estate Rentals $ 64,275 Telecommunications $ 28,745 Per Diem, Fees and Contracts $ 14,500 Total Funds Budgeted $ 877,835 State Funds Budgeted $ 868,067 Total Positions Budgeted 23 2. Transportation Budget: Personal Services $ 937,279 Regular Operating Expenses $ 156,229 Travel $ 48,079 Motor Vehicle Equipment Purchases $ 26,400 Publications and Printing $ 10,000 Equipment Purchases $ 3,990 Computer Charges $ 104,000 Real Estate Rentals $ 80,702 Telecommunications $ 24,150 Per Diem, Fees and Contracts $ 15,250 Total Funds Budgeted $ 1,406,079 State Funds Budgeted $ 1,392,801 Total Positions Budgeted 48 3. Utilities Budget: Personal Services $ 1,334,359 Regular Operating Expenses $ 60,190 Travel $ 85,000 Motor Vehicle Equipment Purchases $ 18,000 Publications and Printing $ 2,500 Equipment Purchases $ 6,105 Computer Charges $ 19,096 Real Estate Rentals $ 46,216 Telecommunications $ 34,335 Per Diem, Fees and Contracts $ 100,000 Total Funds Budgeted $ 1,705,801 State Funds Budgeted $ 1,594,099 Total Positions Budgeted 53 Budget Unit Object Classes: Personal Services $ 2,984,279 Regular Operating Expenses $ 252,053 Travel $ 143,079 Motor Vehicle Equipment Purchases $ 44,400 Publications and Printing $ 14,000 Equipment Purchases $ 18,135 Computer Charges $ 125,596 Real Estate Rentals $ 191,193 Telecommunications $ 87,230 Per Diem, Fees and Contracts $ 129,750 Total Positions Budgeted 124 Authorized Motor Vehicles 26

Page 2028

Section 37. Regents, University System of Georgia. A. Budget Unit: Resident Instruction and University System Institutions $ 509,967,152 1. Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 392,339,292 Sponsored Operations $ 63,840,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 105,818,808 Sponsored Operations $ 50,160,000 Office of Minority Business Enterprise $ 240,171 Special Desegregation Programs $ 258,422 Satellite Medical Facility Program $ 500,000 Teachers' Retirement $ 46,418,169 Authority Lease Rentals $ 16,367,000 Capital Outlay $ 845,000 Total Funds Budgeted $ 676,786,862 Less Agency Funds: Departmental Income $ 14,600,000 Sponsored Income $ 114,000,000 Other Funds $ 107,093,800 Auxiliary Income $ 2,782,000 Indirect Communication Charges $ 3,027,300 State Funds Budgeted $ 435,283,762 Total Positions Budgeted 16,329 Provided, that from appropriated funds in A, the amount of $ 16,367,000 in F.Y. 1983 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. 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, except that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. 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, 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. Provided, the State Board of Regents shall be permitted to use available surplus from the Resident Instruction Budget Unit for Capital Outlay and Equipment Purchases only. 2. Marine Resources Extension Center Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 549,000 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 278,000 Sponsored Operations $ -0- Total Funds Budgeted $ 827,000 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 129,000 Indirect DOAS Services Funding $ 9,800 State Funds Budgeted $ 688,200 Total Positions Budgeted 26 3. Skidaway Institute of Oceanography Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 722,000 Sponsored Operations $ 675,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 544,000 Sponsored Operations $ 875,000 Total Funds Budgeted $ 2,816,000 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 1,550,000 Other Funds $ 332,000 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 934,000 Total Positions Budgeted 33 4. Marine Institute Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 338,000 Sponsored Operations $ 154,750 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 181,000 Sponsored Operations $ 120,250 Total Funds Budgeted $ 794,000 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 275,000 Other Funds $ 7,000 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 512,000 Total Positions Budgeted 20 5. Engineering Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 8,926,510 Sponsored Operations $ 21,600,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 6,900,954 Sponsored Operations $ 17,891,438 Agricultural Research $ 416,641 Total Funds Budgeted $ 55,735,543 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 39,491,438 Other Funds $ 10,875,787 Indirect DOAS Services Funding $ 117,600 State Funds Budgeted $ 5,250,718 Total Positions Budgeted 312 6. Engineering Extension Division Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 1,043,694 Sponsored Operations $ 35,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 711,031 Sponsored Operations $ 15,000 Advanced Technology Development Center $ 407,079 Total Funds Budgeted $ 2,211,804 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 50,000 Other Funds $ 1,183,894 Indirect DOAS Services Funding $ 12,200 State Funds Budgeted $ 965,710 Total Positions Budgeted 37 7. Agricultural Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 17,750,364 Sponsored Operations $ 3,700,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 7,664,220 Sponsored Operations $ 2,000,000 Capital Outlay $ -0- Total Funds Budgeted $ 31,114,584 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 5,700,000 Other Funds $ 6,576,200 Indirect DOAS Services Funding $ 95,900 State Funds Budgeted $ 18,742,484 Total Positions Budgeted 855 8. Cooperative Extension Service Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 20,239,127 Sponsored Operations $ 4,590,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 3,174,525 Sponsored Operations $ 2,010,000 Total Funds Budgeted $ 30,013,652 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ 6,600,000 Other Funds $ 5,205,000 Indirect DOAS Services Funding $ 126,700 State Funds Budgeted $ 18,081,952 Total Positions Budgeted 960 9. Eugene Talmadge Memorial Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 42,300,689 Sponsored Operations $ 2,377,513 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 19,035,532 Sponsored Operations $ 611,238 Capital Outlay - ETMH Renovations $ -0- Total Funds Budgeted $ 64,324,972 Less Agency Funds: Departmental Income $ 1,125,099 Sponsored Income $ 2,988,751 Other Funds $ 35,788,497 Board of Corrections $ 1,557,264 Indirect DOAS Services Funding $ 193,500 State Funds Budgeted $ 22,671,861 Total Positions Budgeted 2,902 10. Veterinary Medicine Experiment Station Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 856,000 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 405,236 Sponsored Operations $ -0- Agricultural Research $ 300,000 Disease Research $ -0- Fire Ant Research $ 150,000 Total Funds Budgeted $ 1,711,236 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ -0- Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 1,711,236 Total Positions Budgeted 45 11. Veterinary Medicine Teaching Hospital Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 775,886 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 883,567 Sponsored Operations $ -0- Total Funds Budgeted $ 1,659,453 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 1,295,000 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 364,453 Total Positions Budgeted 69 12. Family Practice Residency Program Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 106,426 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 92,778 Capitation Contracts for Family Practice Residency $ 2,060,000 Residency Capitation Grants $ 1,785,000 New Program Development Contracts for Family Practice Residency $ 150,000 Student Preceptorships $ 185,000 Total Funds Budgeted $ 4,379,204 State Funds Budgeted $ 4,379,204 Total Positions Budgeted 4 Provided, that of the above appropriation, $185,000 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. 13. Georgia Radiation Therapy Center Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 551,528 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 292,420 Sponsored Operations $ -0- Total Funds Budgeted $ 843,948 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 462,376 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 381,572 Total Positions Budgeted 34 Budget Unit Object Classes: Personal Services: Educ., Gen., and Dept. Svcs. $ 486,498,516 Sponsored Operations $ 96,972,263 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 145,982,071 Sponsored Operations $ 73,682,926 Office of Minority Business Enterprise $ 240,171 Special Desegregation Programs $ 258,422 Satellite Medical Facility Program $ 500,000 Fire Ant Research $ 150,000 Agricultural Research $ 716,641 Disease Research $ -0- Advanced Technology Development Center $ 407,079 Capitation Contracts for Family Practice Residency $ 2,060,000 New Program Development Contracts for Family Practice Residency $ 150,000 Residency Capitation Grants $ 1,785,000 Student Preceptorships $ 185,000 Teachers' Retirement $ 46,418,169 Authority Lease Rentals $ 16,367,000 Capital Outlay - ETMH Renovations $ -0- Capital Outlay $ 845,000 Total Positions Budgeted 21,626 Provided, that none of the funds appropriated for Fire Ant Research shall be expended unless matching funds are provided by the U.S.D.A. B. Budget Unit: Regents Central Office $ 16,363,711 Regents Central Office Budget: Personal Services $ 2,717,000 Operating Expenses $ 703,960 SREB Payments $ 5,402,833 Medical Scholarships $ 547,500 Regents Opportunity Grants $ 500,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 6,136,628 Rental Payments to Georgia Military College $ 190,000 Central Savannah River Area Business League $ -0- Total Funds Budgeted $ 16,397,921 State Funds Budgeted $ 16,363,711 Total Positions Budgeted 98 Budget Unit Object Classes: Personal Services $ 2,717,000 Operating Expenses $ 703,960 SREB Payments $ 5,402,833 Medical Scholarships $ 547,500 Regents Opportunity Grants $ 500,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 6,136,628 Rental Payments to Georgia Military College $ 190,000 Central Savannah River Area Business League $ -0- Total Positions Budgeted 98 Authorized Motor Vehicles 0 Provided, that of the above appropriation relative to Grants to Junior Colleges, payments are to be based on a rate of $796 per EFT student. Furthermore, 50 quarter credit hours shall be used in the calculation of an equivalent full-time student. C. Budget Unit: Georgia Public Telecommunications Commission $ 4,077,642 Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 2,696,760 Sponsored Operations $ -0- Operating Expenses: Educ., Gen., and Dept. Svcs. $ 2,675,520 Sponsored Operations $ -0- Total Funds Budgeted $ 5,372,280 Less Agency Funds: Departmental Income $ -0- Sponsored Income $ -0- Other Funds $ 1,294,638 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 4,077,642 Total Positions Budgeted 137 Budget Unit Object Classes: Personal Services $ 2,696,760 Operating Expenses $ 2,675,520 Total Positions Budgeted 137 Authorized Motor Vehicles 14

Page 2038

Section 38. Department of Revenue. Budget Unit: Department of Revenue $ 34,227,040 1. Departmental Administration Budget: Personal Services $ 978,100 County Tax Officials/Retirement and FICA $ 610,000 Regular Operating Expenses $ 96,926 Travel $ 19,000 Motor Vehicle Equipment Purchases $ 7,250 Publications and Printing $ 17,000 Equipment Purchases $ 2,685 Computer Charges $ 20,000 Real Estate Rentals $ -0- Telecommunications $ 23,000 Per Diem, Fees and Contracts $ 3,000 Postage $ 150 Total Funds Budgeted $ 1,777,111 Indirect Georgia Building Authority Rents $ -0- State Funds Budgeted $ 1,765,440 Total Positions Budgeted 33 2. Motor Vehicle Administration Budget: Personal Services $ 4,582,066 Regular Operating Expenses $ 250,850 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 416,380 Equipment Purchases $ 75,500 Computer Charges $ 2,636,013 Real Estate Rentals $ -0- Telecommunications $ 85,000 Per Diem, Fees and Contracts $ -0- Motor Vehicle Tag Purchases $ 1,122,000 Motor Vehicle Decal Purchases $ 71,500 Postage $ -0- Total Funds Budgeted $ 9,246,309 Indirect DOAS Services Funding $ 1,316,049 State Funds Budgeted $ 7,864,252 Total Positions Budgeted 256 Provided, that of the above appropriated amount relating to motor vehicle tag purchases, $1,122,000 is designated and committed for use in contracting with the Department of Offender Rehabilitation for the production of at least 1,100,000 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. 3. Property Tax Budget: Personal Services $ 1,208,000 Regular Operating Expenses $ 49,453 Travel $ 74,000 Motor Vehicle Equipment Purchases $ 21,750 Publications and Printing $ 86,500 Equipment Purchases $ 1,600 Computer Charges $ 311,288 Real Estate Rentals $ -0- Telecommunications $ 21,200 Per Diem, Fees and Contracts $ 145,000 Loans to Counties/Property Reevaluation $ -0- Grants to Counties/Appraisal Staff $ 1,430,000 Intangible Tax Equalization Fund $ -0- Postage $ 12,500 Total Funds Budgeted $ 3,361,291 Repayment of Loans to Counties/Property Revaluation $ -0- Indirect DOAS Services Funding $ 288,400 State Funds Budgeted $ 3,054,358 Total Positions Budgeted 62 4. Sales Taxation Budget: Personal Services $ 1,444,000 Regular Operating Expenses $ 16,704 Travel $ 3,725 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 70,550 Equipment Purchases $ 6,190 Computer Charges $ 550,000 Real Estate Rentals $ -0- Telecommunications $ 26,000 Per Diem, Fees and Contracts $ -0- Postage $ 100,500 Total Funds Budgeted $ 2,217,669 Indirect DOAS Services Funding $ 352,000 State Funds Budgeted $ 1,863,056 Total Positions Budgeted 85 5. Motor Fuel Taxation Budget: Personal Services $ 665,000 Regular Operating Expenses $ 5,300 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 53,000 Equipment Purchases $ 3,650 Computer Charges $ 264,843 Real Estate Rentals $ -0- Telecommunications $ 13,300 Per Diem, Fees and Contracts $ -0- Postage $ -0- Total Funds Budgeted $ 1,006,593 Indirect DOAS Services Funding $ 187,375 State Funds Budgeted $ 809,382 Total Positions Budgeted 37 6. Income Taxation Budget: Personal Services $ 2,591,332 Regular Operating Expenses $ 44,600 Travel $ 3,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 355,000 Equipment Purchases $ 20,700 Computer Charges $ 2,172,784 Real Estate Rentals $ -0- Telecommunications $ 43,417 Per Diem, Fees and Contracts $ -0- Postage $ 296,576 Total Funds Budgeted $ 5,527,409 Indirect DOAS Services Funding $ 1,533,590 State Funds Budgeted $ 3,993,819 Total Positions Budgeted 127 7. Central Audit Budget: Personal Services $ 2,429,000 Regular Operating Expenses $ 14,820 Travel $ 470,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,200 Equipment Purchases $ 2,800 Computer Charges $ 7,650 Real Estate Rentals $ -0- Telecommunications $ 19,030 Per Diem, Fees and Contracts $ -0- Postage $ 75 Total Funds Budgeted $ 2,947,075 State Funds Budgeted $ 2,947,075 Total Positions Budgeted 82 8. Field Audit Services Budget: Personal Services $ 6,483,000 Regular Operating Expenses $ 198,365 Travel $ 297,000 Motor Vehicle Equipment Purchases $ 29,995 Publications and Printing $ 49,200 Equipment Purchases $ 23,202 Computer Charges $ 238,949 Real Estate Rentals $ 225,165 Telecommunications $ 200,000 Per Diem, Fees and Contracts $ -0- Postage $ 64,300 Total Funds Budgeted $ 7,809,176 Indirect DOAS Services Funding $ 167,586 State Funds Budgeted $ 7,641,590 Total Positions Budgeted 307 9. Internal Administration Budget: Personal Services $ 1,329,925 Regular Operating Expenses $ 208,980 Travel $ 1,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 336,000 Equipment Purchases $ 37,600 Computer Charges $ 183,055 Real Estate Rentals $ 852,872 Telecommunications $ 13,700 Per Diem, Fees and Contracts $ -0- Postage $ 1,364,029 Total Funds Budgeted $ 4,327,661 Indirect Georgia Building Authority Rents $ -0- State Funds Budgeted $ 4,288,068 Total Positions Budgeted 69 Budget Unit Object Classes: Personal Services $ 21,710,423 County Tax Officials/Retirement and FICA $ 610,000 Regular Operating Expenses $ 885,998 Travel $ 877,225 Motor Vehicle Equipment Purchases $ 58,995 Publications and Printing $ 1,386,830 Equipment Purchases $ 173,927 Computer Charges $ 6,384,582 Real Estate Rentals $ 1,078,037 Telecommunications $ 444,647 Per Diem, Fees and Contracts $ 148,000 Loans to Counties/Property Reevaluation $ -0- Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tag Purchases $ 1,122,000 Motor Vehicle Decal Purchases $ 71,500 Intangible Tax Equalization Fund $ -0- Postage $ 1,838,130 Total Positions Budgeted 1,058 Authorized Motor Vehicles 60

Page 2043

Section 39. Secretary of State. A. Budget Unit: Secretary of State $ 12,665,160 1. Occupational Certification Budget: Personal Services $ 2,593,751 Regular Operating Expenses $ 832,380 Travel $ 115,172 Motor Vehicle Equipment Purchases $ 21,600 Publications and Printing $ 104,000 Equipment Purchases $ 28,081 Computer Charges $ 95,000 Real Estate Rentals $ 319,241 Telecommunications $ 93,043 Per Diem, Fees and Contracts $ 377,285 Postage $ 145,000 Total Funds Budgeted $ 4,724,553 State Funds Budgeted $ 4,677,507 Total Positions Budgeted 136 Occupational Certification Functional Budgets Board Costs Cost of Operations Accounting $ 130,775 $ 230,390 Architect $ 37,530 $ 98,974 Athletic Trainers $ 820 $ 1,368 Auctioneers $ 3,810 $ 30,320 Barbers $ 8,965 $ 171,028 Chiropractic $ 6,655 $ 39,907 Construction Industry $ 51,870 $ 256,399 Cosmetology $ 23,270 $ 632,753 Dentistry $ 39,240 $ 203,956 Engineers $ 57,935 $ 271,011 Forestry $ 2,530 $ 21,412 Funeral Service $ 16,162 $ 123,972 Geology $ 1,965 $ 15,721 Hearing Aid $ 4,410 $ 24,290 Landscape Architect $ 7,165 $ 16,507 Librarians $ 1,880 $ 14,469 Marriage and Family Counselors $ -0- $ -0- Medical Examiners $ 212,475 $ 767,090 Nursing Home Administrators $ 10,925 $ 22,682 Board of Nursing $ 118,275 $ 650,566 Dispensing Opticians $ 5,470 $ 27,381 Optometry $ 6,305 $ 27,674 Occupational Therapy $ 1,750 $ 7,699 Pest Control $ 6,980 $ 68,529 Pharmacy $ 66,435 $ 330,733 Physical Therapy $ 10,770 $ 21,773 Podiatry $ 1,845 $ 13,203 Polygraph Examiners $ 1,460 $ 10,979 Practical Nursing $ 62,735 $ 339,517 Private Detective $ 14,740 $ 247,672 Psychologists $ 19,100 $ 48,517 Recreation $ 2,815 $ 19,274 Sanitarian $ 4,740 $ 17,172 Speech Pathology $ 3,485 $ 14,352 Used Car Dealers $ 10,120 $ 158,781 Used Car Parts $ 4,350 $ 31,924 Veterinary $ 20,500 $ 61,135 Wastewater $ 7,190 $ 53,283 Well Water $ 7,294 $ 20,003 Administration $ -0- $ -0- Investigative $ -0- $ -0- Total $ 994,741 $ 5,112,416

Page 2045

2. Securities Regulation Budget: Personal Services $ 461,542 Regular Operating Expenses $ 34,198 Travel $ 8,110 Motor Vehicle Equipment Purchases $ 21,600 Publications and Printing $ 4,000 Equipment Purchases $ 1,350 Computer Charges $ 47,915 Real Estate Rentals $ 17,290 Telecommunications $ 10,982 Per Diem, Fees and Contracts $ 2,100 Postage $ 400 Total Funds Budgeted $ 609,487 State Funds Budgeted $ 603,807 Total Positions Budgeted 18 3. Corporations Regulation Budget: Personal Services $ 538,846 Regular Operating Expenses $ 21,204 Travel $ 3,763 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,250 Equipment Purchases $ 2,330 Computer Charges $ 74,500 Real Estate Rentals $ 81,480 Telecommunications $ 32,520 Per Diem, Fees and Contracts $ -0- Postage $ 36,000 Total Funds Budgeted $ 811,893 State Funds Budgeted $ 804,196 Total Positions Budgeted 32 4. Drugs and Narcotics Budget: Personal Services $ 423,500 Regular Operating Expenses $ 37,335 Travel $ 25,000 Motor Vehicle Equipment Purchases $ 14,400 Publications and Printing $ 300 Equipment Purchases $ 200 Computer Charges $ -0- Real Estate Rentals $ 5,782 Telecommunications $ 7,545 Per Diem, Fees and Contracts $ 2,500 Postage $ 2,500 Total Funds Budgeted $ 519,062 State Funds Budgeted $ 513,871 Total Positions Budgeted 15 5. Archives and Records Budget: Personal Services $ 1,893,509 Regular Operating Expenses $ 244,386 Travel $ 43,913 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 24,000 Equipment Purchases $ 60,651 Computer Charges $ -0- Real Estate Rentals $ 30,386 Telecommunications $ 53,201 Per Diem, Fees and Contracts $ 2,000 Capital Outlay $ -0- Postage $ 21,042 Authority Lease Rentals $ 1,276,000 Total Funds Budgeted $ 3,649,088 State Funds Budgeted $ 3,588,268 Total Positions Budgeted 91 6. General Services Budget: Personal Services $ 559,666 Regular Operating Expenses $ 35,464 Travel $ 2,257 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 118,608 Equipment Purchases $ 3,300 Computer Charges $ 12,047 Real Estate Rentals $ 6,085 Telecommunications $ 18,296 Per Diem, Fees and Contracts $ 3,720 Postage $ 27,411 Total Funds Budgeted $ 786,854 State Funds Budgeted $ 779,106 Total Positions Budgeted 29 7. Internal Administration Budget: Personal Services $ 739,983 Regular Operating Expenses $ 63,084 Travel $ 4,624 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 76,180 Equipment Purchases $ 3,062 Computer Charges $ 12,000 Real Estate Rentals $ 21,240 Telecommunications $ 22,958 Per Diem, Fees and Contracts $ 1,025 Postage $ 27,554 Total Funds Budgeted $ 971,710 State Funds Budgeted $ 962,193 Total Positions Budgeted 35 8. State Campaign and Financial Disclosure Commission Budget: Personal Services $ 77,298 Regular Operating Expenses $ 5,199 Travel $ 3,230 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 7,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 10,496 Telecommunications $ 2,570 Per Diem, Fees and Contracts $ 4,660 Postage $ 3,800 Total Funds Budgeted $ 114,253 State Funds Budgeted $ 113,110 Total Positions Budgeted 3 9. Elections and Campaign Disclosure Budget: Personal Services $ 192,730 Regular Operating Expenses $ 18,438 Travel $ 2,259 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,300 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 4,619 Per Diem, Fees and Contracts $ 1,050 Postage $ 4,000 Election Expenses $ 400,000 Total Funds Budgeted $ 629,396 State Funds Budgeted $ 623,102 Total Positions Budgeted 8 Budget Unit Object Classes: Personal Services $ 7,480,825 Regular Operating Expenses $ 1,291,688 Travel $ 208,328 Motor Vehicle Equipment Purchases $ 57,600 Publications and Printing $ 361,638 Equipment Purchases $ 98,974 Computer Charges $ 241,462 Real Estate Rentals $ 492,000 Telecommunications $ 245,734 Per Diem, Fees and Contracts $ 394,340 Election Expenses $ 400,000 Postage $ 267,707 Capital Outlay $ -0- Authority Lease Rentals $ 1,276,000 Total Positions Budgeted 367 Authorized Motor Vehicles 70 Provided, however, that the Secretary of State is hereby authorized to expend up to $24,176 of Elections Expense for Real Estate Rentals. B. Budget Unit: Real Estate Commission $ 930,661 Real Estate Commission Budget: Personal Services $ 485,000 Regular Operating Expenses $ 156,322 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 35,500 Publications and Printing $ 32,000 Equipment Purchases $ 8,680 Computer Charges $ 82,800 Real Estate Rentals $ 35,000 Telecommunications $ 15,854 Per Diem, Fees and Contracts $ 76,300 Total Funds Budgeted $ 939,456 State Funds Budgeted $ 930,661 Total Positions Budgeted 27

Page 2049

Real Estate Commission Functional Budget State Funds Cost of Operations Pos. Real Estate Commission $ 930,661 $ 971,611 27

Page 2050

Budget Unit Object Classes: Personal Services $ 485,000 Regular Operating Expenses $ 156,322 Travel $ 12,000 Motor Vehicle Equipment Purchases $ 35,500 Publications and Printing $ 32,000 Equipment Purchases $ 8,680 Computer Charges $ 82,800 Real Estate Rentals $ 35,000 Telecommunications $ 15,854 Per Diem, Fees and Contracts $ 76,300 Total Positions Budgeted 27 Authorized Motor Vehicles 11 Section 40. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance Commission $ 15,199,146 1. Internal Administration Activity Budget: Personal Services $ 1,762,494 Regular Operating Expenses $ 150,225 Travel $ 48,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 55,000 Equipment Purchases $ 56,335 Computer Charges $ 112,160 Real Estate Rentals $ 217,295 Telecommunications $ 62,040 Per Diem, Fees and Contracts $ 54,500 Total Funds Budgeted $ 2,518,449 State Funds Budgeted $ -0- Total Positions Budgeted 89 2. Higher Education Assistance Corporation Budget: Payment of Interest and Fees $ 426,500 Total Funds Budgeted $ 426,500 State Funds Budgeted $ 376,500 Total Positions Budgeted 0 3. Georgia Student Finance Authority Budget: Guaranteed Educational Loans $ 3,151,496 Tuition Equalization Grants $ 11,100,000 Student Incentive Grants $ 3,977,915 North Georgia College ROTC Grants $ 149,050 Law Enforcement Personnel Dependents' Grants $ 24,000 Georgia Military Scholarship Grants $ 51,000 Total Funds Budgeted $ 18,453,461 State Funds Budgeted $ 14,822,646 Total Positions Budgeted 0 Budget Unit Object Classes: Personal Services $ 1,762,494 Regular Operating Expenses $ 150,225 Travel $ 48,400 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 55,000 Equipment Purchases $ 56,335 Computer Charges $ 112,160 Real Estate Rentals $ 217,295 Telecommunications $ 62,040 Per Diem, Fees and Contracts $ 54,500 Payment of Interest and Fees $ 426,500 Guaranteed Educational Loans $ 3,151,496 Tuition Equalization Grants $ 11,100,000 Student Incentive Grants $ 3,977,915 Law Enforcement Personnel Dependents' Grants $ 24,000 North Georgia College ROTC Grants $ 149,050 Georgia Military Scholarship Grants $ 51,000 Total Positions Budgeted 89 Authorized Motor Vehicles 1

Page 2051

Provided, that of the above appropriated amount relative to Eductional Loans an amount not to exceed $12,000 may be used to provide

Page 2052

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 cancellable loans to students. Provided, that the above appropriated amount relative to Educational Loans shall otherwise be used to provide loans to students as provided for in Article 3 of Code Chapter 32-37, as amended (Code Sections 20-3-370 through 20-3-375). 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 of Code Section 32-3750, as amended (Code Section 20-3-374), 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 paramedical and other professional and educational field of study; (b) an amount not to exceed $140,000 is designated and committed for the purpose of providing cancellable loans to students who are eligible members of the Georgia National Guard; (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; and (d) an amount not to exceed $40,000 is designated and committed for the purpose of providing cancellable loans to students who are to become agricultural teachers. Provided, that the above appropriated amount relative to Student Incentive Grants provides for payment of need-based grants to undergraduate students as provided for in Article 4 of Code Chapter 32-37 (Code Sections 20-3-390 and 20-3-391). Provided, that the above appropriated amount relative to Tuition Equalization Grants provides for payment of grants of $700 per academic year, and for payment of grants for the 1982 summer school quarter of semester, to undergraduate students

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attending private colleges in Georgia as provided for in Article 5 of Code Chapter 32-37 (Code Sections 20-3-410 through 20-3-416), and H.B. 589. Provided, that the above appropriated amount relative to North Georgia College ROTC Grants provides for payment of grants to eligible students as provided for in Article 6 of Code Chapter 32-37 (Code Sections 20-3-430 through 20-3-436). Provided, that the above appropriated amount relative to Law Enforcement Personnel Dependents' Grants provides for payment of grants to eligible students as provided for in Article 7 of Code Chapter 32-37 (Code Sections 20-3-450 through 20-3-455). Provided, that the above appropriated amount relative to North Georgia College Military Scholarships provides for payment of scholarships to select recipients as provided for in Article 9 of Code Chapter 32-37 (Code Sections 20-3-420 through 20-3-437). Provided, that the above appropriated amount relative to Payment of Interest and Fees is designated and committed for the purpose of enabling the Georgia Higher Education Assistance Corporation to make the state interest subsidy payments to lenders as provided for in Code Section 32-3314 (Code Section 20-3-273), and loan discount fee payments to lenders as provided for in Code Section 32-3315 (Code Section 20-3-274). 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 making timely payments of interest and special allowances to lenders as provided for in Code Section 32-3313 (Code Section 20-3-272) and Code Section 32-3710 (Code Section 20-3-319).

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Section 41. Soil and Water Conservation Committee. Budget Unit: Soil and Water Conservation Committee $ 833,026 1. Soil and Water Conservation Central Office Budget: Personal Services $ 381,268 Regular Operating Expenses $ 39,532 Travel $ 39,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 16,286 Equipment Purchases $ 2,900 Computer Charges $ -0- Real Estate Rentals $ 20,885 Telecommunications $ 10,089 Per Diem, Fees and Contracts $ 149,425 Total Funds Budgeted $ 659,385 State Funds Budgeted $ 652,791 Total Positions Budgeted 12 2. Soil and Water Conservation Dam Safety Budget: Personal Services $ 123,612 Regular Operating Expenses $ 13,400 Travel $ 9,790 Motor Vehicle Equipment Purchases $ 13,000 Publications and Printing $ 2,300 Equipment Purchases $ 800 Computer Charges $ 4,000 Real Estate Rentals $ 3,953 Telecommunications $ 3,200 Per Diem, Fees and Contracts $ 8,000 Total Funds Budgeted $ 182,055 State Funds Budgeted $ 180,235 Total Positions Budgeted 5 Budget Unit Object Classes: Personal Services $ 504,880 Regular Operating Expenses $ 52,932 Travel $ 48,790 Motor Vehicle Equipment Purchases $ 13,000 Publications and Printing $ 18,586 Equipment Purchases $ 3,700 Computer Charges $ 4,000 Real Estate Rentals $ 24,838 Telecommunications $ 13,289 Per Diem, Fees and Contracts $ 157,425 Total Positions Budgeted 17 Authorized Motor Vehicles 3

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Section 42. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 9,068,540 Departmental Operations Budget: Personal Services $ 1,347,302 Regular Operating Expenses $ 67,915 Travel $ 20,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,825 Equipment Purchases $ 8,990 Computer Charges $ 386,935 Real Estate Rentals $ 83,300 Telecommunications $ 44,200 Per Diem, Fees and Contracts $ 165,360 Postage $ 66,600 Cost of Living Increases for Local Retirement System Members $ 1,392,000 Floor Fund for Local Retirement Systems $ 1,447,100 Employer Contributions $ 6,229,440 Total Funds Budgeted $ 11,308,567 State Funds Budgeted $ 9,068,540 Total Positions Budgeted 62 Budget Unit Object Classes: Personal Services $ 1,347,302 Regular Operating Expenses $ 67,915 Travel $ 20,600 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 48,825 Equipment Purchases $ 8,990 Computer Charges $ 386,935 Real Estate Rentals $ 83,300 Telecommunications $ 44,200 Per Diem, Fees and Contracts $ 165,360 Postage $ 66,600 Cost of Living Increases for Local Retirement System Members $ 1,392,000 Floor Fund for Local Retirement Systems $ 1,447,100 Employer Contributions $ 6,229,440 Total Positions Budgeted 62 Authorized Motor Vehicles 1

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Section 43. Department of Transportation. Budget Unit: Department of Transportation $ 407,956,408 1. Planning and Construction Budget: Personal Services $ 71,945,408 Regular Operating Expenses $ 4,224,287 Travel $ 1,060,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 260,000 Equipment Purchases $ 49,350 Computer Charges $ -0- Real Estate Rentals $ 34,415 Telecommunications $ 985,820 Per Diem, Fees and Contracts $ 6,100,000 Capital Outlay $ 351,127,102 Eugene Talmadge Memorial Bridge Study $ 200,000 Total Funds Budgeted $ 435,986,382 State Funds Budgeted $ 181,888,382 Total Positions Budgeted 3,049 2. Maintenance and Betterments Budget: Personal Services $ 54,713,987 Regular Operating Expenses $ 36,624,032 Travel $ 353,350 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 11,000 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 131,138 Per Diem, Fees and Contracts $ 1,040,811 Capital Outlay $ 67,443,624 Total Funds Budgeted $ 160,317,942 State Funds Budgeted $ 158,117,942 Total Positions Budgeted 3,589 3. Authorities Budget: Authority Lease Rentals $ 24,873,157 State of Georgia General Obligation Debt Sinking Fund $ 3,714,593 Total Funds Budgeted $ 28,587,750 State Funds Budgeted $ 28,587,750 4. Facilities and Equipment Budget: Motor Vehicle Equipment Purchases $ 1,000,000 Equipment Purchases $ 2,200,000 Capital Outlay $ 115,000 Total Funds Budgeted $ 3,315,000 State Funds Budgeted $ 3,215,000 5. Assistance to Counties Budget: Grants to Counties $ 9,317,013 Total Funds Budgeted $ 9,317,013 State Funds Budgeted $ 9,317,013 6. Administration Budget: Personal Services $ 7,930,518 Regular Operating Expenses $ 2,275,113 Travel $ 105,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 210,528 Equipment Purchases $ -0- Computer Charges $ 829,527 Real Estate Rentals $ 925,000 Telecommunications $ 233,700 Per Diem, Fees and Contracts $ 190,000 Total Funds Budgeted $ 12,699,386 State Funds Budgeted $ 12,699,386 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 Code Section 91A-7003 (Code Section 48-14-3) against the amount of funds expended by each county in such year for the purposes authorized by said Section. Provided, further, it is the intent of this General Assembly that the Department of Transportation is authorized to use interstate rehabilitation funds for four-laning and passing lanes. 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 $ 305,473 Capital Outlay - Paving State and Local Schools and State Institutions $ 750,000 Paving State Parks and Historic Sites $ 500,000 Capital Outlay - Paving Farmers Markets $ 35,000 Eugene Talmadge Memorial Bridge Study $ 200,000 Capital Outlay - Railroad Grade Separation $ 35,000 Maintenance and Betterments Capital Outlay - Rehabilitation and Improvements - Off System $ 10,000,000 This appropriation shall be accounted for separately from all other appropriations to the Department of Transportation, and shall be in addition to appropriations of an amount equivalent to motor fuel tax revenue required under Article 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 (Code Sections 36-40-41 through 36-40-45). 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 $ 505,000 Regular Operating Expenses $ 456,100 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 200 Equipment Purchases $ 6,000 Computer Charges $ -0- Real Estate Rentals $ 1 Telecommunications $ 4,610 Per Diem, Fees and Contracts $ 500 Capital Outlay $ 125,000 Total Funds Budgeted $ 1,108,411 State Funds Budgeted $ 710,497 Total Positions Budgeted 17 9. Inter-Modal Transfer Facilities Budget: Personal Services $ 639,000 Regular Operating Expenses $ 53,070 Travel $ 22,100 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,000 Equipment Purchases $ 600 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 19,140 Per Diem, Fees and Contracts $ 464,500 Capital Outlay - Airport Development $ 700,000 Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 270,000 Mass Transit Grants $ 705,340 Total Funds Budgeted $ 3,899,750 State Funds Budgeted $ 3,649,906 Total Positions Budgeted 24 10. Harbor Maintenance Budget: Harbor Maintenance Payments $ 454,000 Capital Outlay - Land Acquisition $ -0- Total Funds Budgeted $ 454,000 State Funds Budgeted $ 454,000 Budget Unit Object Classes: Personal Services $ 135,733,913 Regular Operating Expenses $ 43,632,602 Travel $ 1,551,450 Motor Vehicle Equipment Purchases $ 1,000,000 Publications and Printing $ 507,728 Equipment Purchases $ 2,255,950 Computer Charges $ 829,527 Real Estate Rentals $ 959,416 Telecommunications $ 1,374,408 Per Diem, Fees and Contracts $ 7,795,811 Capital Outlay $ 418,810,726 Mass Transit Grants $ 705,340 Grants to Municipalities $ 9,317,000 Harbor Maintenance Payments $ 454,000 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 24,873,157 Capital Outlay - Airport Development $ 700,000 State of Georgia General Obligation Debt Sinking Fund $ 3,714,593 Capital Outlay - Airport Operational Improvements $ 1,000,000 Capital Outlay - Airport Approach Aid $ 270,000 Capital Outlay - Land Acquisition $ -0- Eugene Talmadge Memorial Bridge Study $ 200,000 Total Positions Budgeted $ 7,000 Authorized Motor Vehicles $ 4,800

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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 up to but not exceeding one-half (1/2) of the Non-federal share when matching both Federal and Local Funds, and

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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 $454,000 of the above allocation for harbor maintenance payments is designated and committed for payment for harbor maintenance and improvements 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 that the Department of Transportation is authorized to retain its Bus Rental Income to operate, maintain, and upgrade the department-owned buses. Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 11,378,749 1. Veterans Assistance Budget: Personal Services $ 3,036,400 Regular Operating Expenses $ 94,605 Travel $ 82,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000 Equipment Purchases $ 8,000 Computer Charges $ 100 Real Estate Rentals $ 137,250 Telecommunications $ 64,250 Per Diem, Fees and Contracts $ 6,000 Postage $ 30,800 Total Funds Budgeted $ 3,480,605 State Funds Budgeted $ 3,212,692 Total Positions Budgeted 155 Authorized Motor Vehicles 1 2. Veterans Home and Nursing Facility - Milledgeville Budget: Capital Outlay $ -0- Equipment Purchases $ 50,000 Regular Operating Expenses for Projects $ 84,380 Operating Expenses/Payments to Central State Hospital $ 7,201,545 Total Funds Budgeted $ 7,335,925 State Funds Budgeted $ 5,898,555 3. Veterans Nursing Home - Augusta Budget: Capital Outlay $ -0- Equipment Purchases $ 11,847 Regular Operating Expenses for Projects $ -0- Operating Expense/Payments to Medical College of Georgia $ 3,037,375 Total Funds Budgeted $ 3,049,222 State Funds Budgeted $ 2,267,502 Budget Unit Object Classes: Personal Services $ 3,036,400 Regular Operating Expenses $ 94,605 Travel $ 82,200 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000 Equipment Purchases $ 69,847 Computer Charges $ 100 Real Estate Rentals $ 137,250 Telecommunications $ 64,250 Per Diem, Fees and Contracts $ 6,000 Capital Outlay $ -0- Postage $ 30,800 Operating Expense/Payments to Central State Hospital $ 7,201,545 Operating Expense/Payments to Medical College of Georgia $ 3,037,375 Regular Operating Expenses for Projects $ 84,380 Total Positions Budgeted 155 Authorized Motor Vehicles 1

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Section 45. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 4,143,311 1. Workers' Compensation Administration Budget: Personal Services $ 2,920,124 Regular Operating Expenses $ 78,106 Travel $ 40,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 38,000 Equipment Purchases $ 57,850 Computer Charges $ 118,644 Real Estate Rentals $ 365,141 Telecommunications $ 72,270 Per Diem, Fees and Contracts $ 47,590 Postage $ 51,800 Total Funds Budgeted $ 3,789,525 State Funds Budgeted $ 3,738,552 Total Positions Budgeted 127 2. Vocational Rehabilitation Budget: Personal Services $ 311,935 Regular Operating Expenses $ 8,620 Travel $ 10,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,000 Equipment Purchases $ 3,305 Computer Charges $ -0- Real Estate Rentals $ 41,553 Telecommunications $ 7,884 Per Diem, Fees and Contracts $ 15,600 Postage $ 6,500 Total Funds Budgeted $ 408,297 State Funds Budgeted $ 404,759 Total Positions Budgeted 15 Budget Unit Object Classes: Personal Services $ 3,232,059 Regular Operating Expenses $ 86,726 Travel $ 50,900 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 40,000 Equipment Purchases $ 61,155 Computer Charges $ 118,644 Real Estate Rentals $ 406,694 Telecommunications $ 80,154 Per Diem, Fees and Contracts $ 63,190 Postage $ 58,300 Total Positions Budgeted 142 Authorized Motor Vehicles 1

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Section 46. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 60,200,000 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 40,044,547 Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Funds, $3,645,000 is specifically appropriated for the purpose of financing a new construction program which consists of the acquisition of land (if needed) and the construction and equipping of buildings and facilities at various institutions under the control of the State Board of Regents at the University System through the issuance of not more than $13,500,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $24,273,547 is specifically appropriated for the purpose of financing a school

Page 2068

construction program throughout the State of Georgia, which will consist of the construction and equipping of school buildings and facilities, including vocational education comprehensive high schools, through the issuance of not more than $89,960,000 in principal amount of General Obligation Debt. Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $8,076,000 is specifically appropriated for the purpose of financing the expansion of facilities under the control of the Georgia Ports Authority through the issuance of not more than $53,840,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $4,050,000 is specifically appropriated for the purpose of financing renovations and improvements of various physical plant facilities of the State Board of Regents of the University System, construction and equipping of vocational schools and libraries, improvement of hospital facilities, construction and equipping of facilities of the Department of Offender Rehabilitation, and improvements of recreational facilities at Jekyll Island, through the issuance of not more than $15,000,000 in Principal amount of General Obligation Debt. Section 47. Energy Conservation. Budget Unit: Energy Conservation Program $ 1,786,639 Total Funds Budgeted $ 6,073,278 State Funds Budgeted $ 1,786,639 Section 48. In addition to all other appropriations for the State fiscal year ending June 30, 1983 there is hereby appropriated $2,484,403 for the purpose of providing funds for the operation of

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regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $5,634,000 for the purpose of providing operating funds for the State physical health laboratories ($175,000 - Budget Unit A) and for State mental health/mental retardation institutions ($5,459,000 - Budget Unit C) in the Department of Human Resources. 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 from agency fund collections. Section 49. In addition to all other appropriations for the State fiscal year ending June 30, 1983, there is hereby appropriated $2,100,000 to be allocated to various state agencies for the purpose of paying unemployment compensation payments to former employees. Provided, further, the Office of Planning and Budget shall designate the amount to be allotted to each agency from this section, and shall maximize the use of available federal matching funds for this purpose. Section 50. There is hereby appropriated $150,000 for the payment of claims authorized by Compensation Resolutions of the Georgia General Assembly. The Office of Planning and Budget is authorized and directed to transfer funds from this appropriation to appropriate budget units for the purpose of making such payments. Section 51. Cost-of-Living Increases. In addition to all other appropriations for the State fiscal year ending June 30, 1983, there is hereby appropriated $94,400,000 for the purposes described herein: 1) An increase of $624 per annum for full-time employees of the executive, judicial and legislative branch of state government, effective July 1, 1982; 2) For a 5% increase on the

Page 2070

current salary schedule for teachers, public librarians and other instructional and support personnel, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year of experience and permanent certification, effective the following month, effective September 1, 1982; 3) For school bus drivers, a 5% salary increase, effective July 1, 1982; 4) For university system employees, a 4.75% salary increase, to be effective September 1, 1982 for academic contracted personnel; 5) A 4.75% salary increase, effective July 1, 1982, for non-academic personnel, and fiscal year contracted personnel of the university system and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Stations with a maximum increase of $1,000 per annum for officials and employees of Regents Central Office, and 6) An increase of 4% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as authorized in Section 2 of said Act (Code Section 45-7-4), and for secretaries for whom salaries are set by Act 279 (H.B. 360) of the 1977 Regular Session of the Georgia General Assembly (Code Sections 15-6-25 and 15-18-17), effective July 1, 1982. Provided, further, that no funds shall be transferred from this section without prior review and approval by the Legislative Budget Office. Section 52. There is hereby appropriated $13,872,760 for the payment of the State cost of a 2% increase in the employer contribution rate in the Employees Retirement System, to be effective July 1, 1982. The Office of Planning and Budget is authorized and directed to transfer funds from this Section to appropriate budget units for the purpose of making such payments.

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Section 53. It is the intent of this General Assembly that to the greatest extent feasible, the Georgia Building Authority (Hospital) and Georgia Building Authority (Penal) utilize existing surplus funds for payments to bond trustees for unmatured issues to eliminate the necessity of debt-service appropriations in State Fiscal Year 1983 and thereafter. 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. Provided, further, it is the intent of this General Assembly that each State agency utilizing xerographic reproducing equipment maintain a log for each unit of equipment indicating the date, number of copies and such other data determined appropriate to conserve the utilization of such equipment. It is the further intent of this General Assembly that each State agency implement procedures to control usage of long-distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. 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

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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. 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. 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

Page 2073

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 State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the general funds of the State as a first charge upon General Funds. Section 61. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1982 regular session, except as otherwise specified in this Act; provided, however,

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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 1982, 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. To the extent that Activity budget totals are in excess of Activity fund availabilities as a result of austerity reductions applied in this appropriations act, it is the intent of this General Assembly that the budget reductions to eliminate such excesses be applied only to common object classes.

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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. 1983 submitted to the General Assembly at the 1982 regular session. 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 State F.Y. 1983 $ 3,732,000,000. Section 66. Parenthetical references to Code sections following other statutory references refer to the Official Code of Georgia Annotated which will become effective November 1, 1982; and no

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substantive change is intended by the provision of such references. Section 67. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 68. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 21, 1982. UPPER SAVANNAH RIVER DEVELOPMENT AUTHORITY ACT. Code Title 12, Chapter 3 Amended. No. 1515 (House Bill No. 1401). AN ACT To create the Upper Savannah River Development Authority and to authorize such authority to acquire, construct, equip, maintain, and operate on public property boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith and acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others

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pertaining to the recreational facilities, to execute leases of such facilities, to convey title to real property in fee simple of the authority, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority, including, but not limited to, earnings derived from leases and income from conveyances of real property of the authority; to pay the cost of such undertakings; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations; to authorize the execution of trust indentures to secure the payment thereof; and to define the rights of the holders of such bonds or obligations; to provide that no debt of Elbert or Hart County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law; to provide for certain tax exemptions; to provide for conflicts of interest of officers and employees of the authority; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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. Short title. This Act may be cited as the Upper Savannah River Development Authority Act. Section 2. Upper Savannah River Development Authority. (a) There is created a body corporate and politic to be known as the Upper Savannah River Development Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act.

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(b) The authority shall consist of seven members as follows: the Secretary of State, the commissioner of natural resources, and five members appointed by the Governor as follows: three members from a list of five names submitted by the governing authority of Elbert County and two members from a list of five names submitted by the governing authority of Hart County. Each appointment shall be for a term of four years and until his successor is appointed and qualified. (c) The members of the authority shall elect one of their members as chairman and another as vice-chairman. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any four members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this Act. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: (1) The word authority shall mean the Upper Savannah River Development Authority created in Section 2 of this Act. (2) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance,

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and operation on public property of boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreation centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal; and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable. (3) The term cost of the project shall embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, plans, and specifications; other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (4) The terms revenue bonds, bonds, and obligations shall mean revenue bonds as defined and provided for in the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act.

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(5) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. (6) The word public property shall mean any public property adjacent to Richard B. Russell Lake. Section 4. Powers. The authority shall have powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority, subject to the provisions of Section 26. No property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in Elbert or Hart County or in any municipality incorporated in said

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counties, the governing authority or body of any of said counties or of any of said municipalities is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said counties or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the chairman of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts; fiscal agents; and attorneys, and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, subject to the provisions of Section 26. Any and all persons, firms and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof, and with the United States government or any agency or department thereof. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Section 17 of this Act;

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(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; but in no event shall revenue bonds be an obligation of Elbert or Hart County; (10) 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; (11) The authority and the trustee acting under the trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in Section 17 hereof; (12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions for a period of time not to exceed ten years and to execute evidences of such indebtedness and to secure the same;

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(13) To serve as an agency in managing, developing, and leasing property received or leased from the United States of America; and (14) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue bonds. The authority, or any authority or body which has succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the authority, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost, as defined herein, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Section 16 for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended; and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Same; signatures; seal. All such bonds shall be signed by the chairman of the authority and attested by the secretary and treasurer of the authority, the official seal of the authority shall be

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affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary and treasurer of the authority. Any coupon may bear the facsimile signatures of such persons; and any bond may be signed, sealed, and attested on behalf of the authority by such persons as, at the actual time of the execution of such bonds, shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery. Section 8. Negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds and the income thereof shall be exempt from all taxation within the state. Section 9. Same; sale; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 11. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost. Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the

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provisions of this Act shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Elbert County or Hart County nor a pledge of the faith and credit of any of said counties; but such bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate any of said counties to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 14. Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, rents, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale of property of the authority, both real and personal; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual

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right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 15. To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16. Sinking fund. The revenues, rents, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide. Such funds so pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) Any premium upon bonds acquired by the redemption, payment, or otherwise; (4) The necessary charges of the paying agent or agents for paying principal and interest; and

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(5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed, and delivered. Section 17. Remedies of bondholders. Except to the extent the rights given in this section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this Act or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required by this Act, or by such resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the authority may possess against the state or any department, agency, or institution of the state and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property owner of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state.

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Section 18. Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Elbert County or Hart County; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in one of said courts which shall have exclusive, original jurisdiction of such actions. Section 20. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated; and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Upper Savannah River Development Authority.

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Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds; nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 22. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds; as grants or other contributions; or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Purpose of the authority. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith and acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the authority to be necessary, convenient, or desirable for an incident to the efficient and proper development and operation of such types of undertakings. Section 24. Rates, charges, and revenues; use. The authority is authorized to prescribe and revise from time to time rates, rents, fees, tolls, and chargs, and to collect such rates, rents, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or

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facilities may be sold and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made or the sale of any of its lands and facilities. Section 25. Rules and regulations for operations of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which recreational facilities shall be furnished. Section 26. (a) All meetings of the authority shall be opened to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be opened to public inspection. (b) Each purchase made in behalf of the authority of personal property or services in excess of $1,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organs of Elbert and Hart counties prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organs of Elbert and Hart counties. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm. A synopsis of the audit shall be published in the official organs of Elbert and Hart counties as soon as the report of the auditors is submitted to the authority.

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(e) All funds of the authority which are not required for the normal operations of the authority shall be invested in interest-bearing investments within 30 days of their receipt by the authority. Section 27. Powers declared supplemental and additional. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. The state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption provided in this section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. Section 28. (a) Every member of the authority and every employee of the authority who knowingly has any interest direct or indirect in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority. (b) Provisions of the Act of the General Assembly approved March 10, 1964 (Ga. L. 1964, p. 261), as amended, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority. (c) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) hereof, or a violation of the Act of the General Assembly approved March 10, 1964

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(Ga. L. 1964, p. 261), as amended, or a violation of any other provision of law applicable to the authority, its members, officers, or employees regulating conflicts of interest shall be voidable by the authority. Part 2 Section 29. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks and authorities, is amended by adding immediately following Part 5 a new part, to be designated Part 6, to read as follows: Part 6 12-3-400. This part may be cited as the `Upper Savannah River Development Authority Act.' 12-3-401. (a) There is created a body corporate and politic to be known as the Upper Savannah River Development Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this part. (b) The authority shall consist of seven members as follows: the Secretary of State, the commissioner of natural resources, and five members appointed by the Governor as follows: three members from a list of five names submitted by the governing authority of Elbert County and two members from a list of five names submitted by the governing authority of Hart County. Each appointment shall be for a term of four years and until his successor is appointed and qualified. (c) The members of the authority shall elect one of their members as chairman and another as vice-chairman. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person.

Page 2093

(d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any four members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this part. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid. (f) The members shall receive no compensation for their services; but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term. 12-3-402. (a) As used in this part, the term: (1) `Authority' means the Upper Savannah River Development Authority created in Code Section 12-3-401. (2) `Cost of the project' means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, plans, and specifications; other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this part for such project.

Page 2094

(3) `Project' means and includes the acquisition, construction, equipping, maintenance, and operation on public property of boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreation centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal; and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable. (4) `Public property' means any public property adjacent to Richard B. Russell Lake. (5) `Revenue bonds,' `bonds,' and `obligations' mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 and such type of obligations may be issued by the authority as authorized under said Article 3 and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this part. (b) Any project shall be deemed `self-liquidating' if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. 12-3-403. The authority shall have powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of

Page 2095

real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority, subject to the provisions of Code Section 12-3-425. No property shall be acquired under the provisions of this part upon which any lien or other encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in Elbert or Hart County or in any municipality incorporated in said counties, the governing authority or body of any of said counties or of any of said municipalities is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said counties or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the chairman of the authority. (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts; fiscal agents; and attorneys, and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal

Page 2096

property of every kind and character, subject to the provisions of Code Section 12-3-425. Any and all persons, firms and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof, and with the United States government or any agency or department thereof. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Code Section 12-3-416; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose;

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(9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; but in no event shall revenue bonds be an obligation of Elbert or Hart County; (10) 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; (11) The authority and the trustee acting under the trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in Code Section 12-3-416; (12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions for a period of time not to exceed ten years and to execute evidences of such indebtedness and to secure the same; (13) To serve as an agency in managing, developing, and leasing property received or leased from the United States of America; and (14) To do all things necessary or convenient to carry out the powers expressly given in this part. 12-3-404. (a) The authority, or any authority or body which has succeeded or which may in the future succeed to the powers, duties, and liabilities vested in the authority, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost, as defined in this part, of any one project or a combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Code Section 12-3-415 for such payment. The bonds of each issue shall be dated and shall mature at such times and bear interest at such rates as may be determined by the authority, payable in such medium of payment as to both principal and interest as may be determined by

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the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. (b) Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36; and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Article 3 of Chapter 82 of Title 36. 12-3-405. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. 12-3-406. All such bonds shall be signed by the chairman of the authority and attested by the secretary and treasurer of the authority, the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary and treasurer of the authority. Any coupon may bear the facsimile signatures of such persons; and any bond may be signed, sealed, and attested on behalf of the authority by such persons as, at the actual time of the execution of such bonds, shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery. 12-3-407. All revenue bonds issued under this part shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds and the income thereof shall be exempt from all taxation within the state.

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12-3-408. The authority may sell such bonds in such manner and for such price as it may determine to be in the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. 12-3-409. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds with or without coupons exchangeable for definitive bonds upon the issuance of the latter. 12-3-410. The authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost. 12-3-411. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this part. Any resolution providing for the issuance of revenue bonds under the provisions of this part shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. 12-3-412. Revenue bonds issued under the provisions of this part shall not be deemed to constitute a debt of Elbert County or Hart County nor a pledge of the faith and credit of any of said counties; but such bonds shall be payable solely from the fund provided for in Code Section 12-3-415. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate any of said counties to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section. 12-3-413. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, rents, tolls, revenues, and earnings to be received by the authority, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution

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providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale of property of the authority, both real and personal; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. 12-3-414. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this part and such resolution or trust indenture may provide. 12-3-415. The revenues, rents, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing

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the issuance of the bonds or in the trust instrument may provide. Such funds so pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) Any premium upon bonds acquired by the redemption, payment, or otherwise; (4) The necessary charges of the paying agent or agents for paying principal and interest; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered. 12-3-416. Except to the extent the rights given in this Code section may be restricted by resolution passed before the issuance of bonds or by a trust indenture, any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or any indenture trustee, if any, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted by this part or under such resolution or trust indenture. Such holder, receiver, or trustee may enforce and compel performance of all duties required by this part, or by resolution or trust indenture, to be performed by the authority or any officer thereof, including the fixing, charging, and

Page 2102

collecting of revenues, rents, and other charges for the use of the project or projects. In the event of default of the authority upon the principal and interest obligations of any revenue bond issue, such holder, receiver, or trustee shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the authority may possess against the state or any department, agency, or institution of the state and, in the pursuit of his or its remedies as subrogee, may proceed either at law or in equity, by action, mandamus, or other proceedings, to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such holder, receiver, or trustee is representative. No holder, receiver, or trustee shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the state, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state. 12-3-417. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this part and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this part insofar as the same may be applicable. 12-3-418. Any action to protect or enforce any rights under the provisions of this part or any action against such authority shall be brought in the Superior Court of Elbert County or Hart County; and any action pertaining to validation of any bonds issued under the provisions of this part shall likewise be brought in one of said courts which shall have exclusive, original jurisdiction of such actions. 12-3-419. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to having such action brought against it and if consenting to same, which has

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contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated; and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Upper Savannah River Development Authority. 12-3-420. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds; nor will the state itself so compete with the authority. The provisions of this part shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. 12-3-421. All moneys received pursuant to the authority of this part, whether as proceeds from the sale of revenue bonds; as grants or other contributions; or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this part. 12-3-422. Without limiting the generality of any provisions of this part, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating boat docks; piers; boat ramps; cabins; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the

Page 2104

usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith and acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the authority to be necessary, convenient, or desirable for an incident to the efficient and proper development and operation of such types of undertakings. 12-3-423. The authority is authorized to prescribe and revise from time to time rates, rents, fees, tolls, and charges, and to collect such rates, rents, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made or the sale of any of its lands and facilities. 12-3-424. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this part, including the basis on which recreational facilities shall be furnished. 12-3-425. (a) All meetings of the authority shall be opened to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be opened to public inspection. (b) Each purchase made in behalf of the authority of personal property or services in excess of $1,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organs of Elbert and Hart counties prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority.

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(c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organs of Elbert and Hart counties. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm. A synopsis of the audit shall be published in the official organs of Elbert and Hart counties as soon as the report of the auditors is submitted to the authority. (e) All funds of the authority which are not required for the normal operations of the authority shall be invested in interest-bearing investments within 30 days of their receipt by the authority. 12-3-426. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. Further, this state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption provided in this Code section shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. 12-3-427. (a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority, shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which an authority member may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.

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(b) Provisions of Article 1 of Chapter 10 of Title 16, Code Sections 16-10-21 and 16-10-22, and Code Sections 16-10-92 and 16-10-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority. (c) Any contract or transaction of the authority involving a conflict of interest not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16, Code Sections 16-10-21 and 16-10-22, and Code Sections 16-10-92 and 16-10-93, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be viodable by the authority. Part 3 Section 30. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 31. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1982.

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OFFICIAL CODE OF GEORGIA ANNOTATED AMENDED. No. 1516 (House Bill No. 1429). AN ACT To amend Title 8, relating to buildings and housing; to amend Title 9, relating to civil practice; to amend Title 12, relating to conservation and natural resources; to amend Title 15, relating to courts; to amend Title 16, relating to crimes and offenses; to amend Title 17, relating to criminal procedure; to amend Title 20, relating to education; to amend Title 21, relating to elections; to amend Title 32, relating to highways, bridges, and ferries; to amend Title 35, relating to law enforcement officers and agencies; to amend Title 36, relating to local governments; to amend Title 40, relating to motor vehicles and traffic; to amend Title 41, relating to nuisances; to amend Title 44, relating to property; to amend Title 50, relating to state government; to amend Title 51, relating to torts; and to amend Title 53, relating to wills, trusts, and administration of estates, of the Official Code of Georgia Annotated, so as to provide for and assist in statutory and Code revision by modernizing, revising, and codifying certain presently existing laws based upon classifications of population; to provide legislative intent; to repeal specific laws based upon classifications of population; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) It is the intent of this Act to assist in the current effort to initiate and revise the Official Code of Georgia Annotated by modernizing, revising, and codifying a series of presently existing laws and repealing certain specific laws which have in common the fact that they are based upon classifications of population. After extensive review by the General Assembly, it is found and declared that the comprehensive codification and repeal of these laws is appropriate and desirable in the interest of responsible and timely statutory and Code revision. (b) It is not the intent of this Act to revive any law which has been expressly or impliedly repealed prior to the effective date of this Act.

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(c) The adoption of this Act and the codification of existing laws of the State of Georgia and repeal of corresponding, underlying laws by this Act shall not affect any contract, cause of action, rule, regulation, practice, procedure, proceeding, or right in existence on the effective date of this Act. Any reference in any existing law, contract, rule, regulation, pleading, or other document to any law codified by this Act shall be deemed to refer to the appropriate provision of the Official Code of Georgia Annotated as codified by this Act. Section 2. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by striking subsection (a) of Code Section 8-3-50 and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) When the governing body of a city adopts a resolution as provided in Code Section 8-3-5, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint five persons as commissioners of the authority created for such city. In the event the mayor fails or refuses to submit appointments within 30 days after notice from the governing body of approval of a resolution of necessity or termination of existing appointments, the governing body may appoint the commissioners of the authority created for said city. (2) In any city with a population of 400,000 or more according to the United States decennial census of 1970 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the mayor shall appoint, in addition to the other commissioners authorized under paragraph (1) of this subsection, two commissioners to be known as resident commissioners who shall be residents of a housing project in said city. These resident commissioners shall be appointed for a term of office of one year and shall have no vote. In the event any person serving as a resident commissioner ceases to be a resident of a housing project in said city, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment by the mayor of said city. (3) In any city having a population of not less than 120,000 or more than 160,000 according to the United States decennial census of 1970 or any future such census in which the governing

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body thereof has adopted a resolution as provided in Code Section 8-3-5, the mayor shall appoint two additional commissioners pursuant to paragraph (1) of this subsection and two additional commissioners to be known as resident commissioners. Each resident commissioner shall be a resident of a housing project in such city. The two additional regular commissioners and the two resident commissioners shall be appointed for initial and subsequent terms of office of one year. The two additional regular commissioners and the two resident commissioners shall be voting members, and five commissioners shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes. In the event any person serving as a resident commissioner ceases to be a resident of a housing project within such city, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment by the mayor of such city. Section 3. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting a new Code section to follow Code Section 9-13-161, to be designated Code Section 9-13-161.1, to read as follows: 9-13-161.1. (a) In any county of this state having a population of 500,000 or more according to the United States decennial census of 1960 or any future such census, the chief judge of the superior court shall be authorized and empowered to provide, by general order published in the official newspaper of the county and also in two other newspapers having general circulation in such county and entered upon the minutes of the court, that all sales of personal property by the sheriff of such county may be held at a place other than at the courthouse where, in the opinion of the chief judge, the holding of such sales before the courthouse door would create an undue traffic hazard or unnecessarily endanger the person or property of persons using the public streets. (b) No such property shall be sold at a place different from that shown in the advertisement of the sale. (c) After the issuance of the first general order as provided in subsection (a) of this Code section, the chief judge may from time to time change the place of holding such sales by another general order published as provided in subsection (a) of this Code section.

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(d) This Code section shall be supplemental to other provisions of law, with a view towards efficient and orderly handling of sheriff's sales. (e) Nothing in this Code section shall be construed to affect the time, manner, or place of any sale not made by the sheriff but required to be made at the same time, manner, or place as sheriff's sales. Section 4. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding a new part at the end of Article 5 of Chapter 5 of Title 12, to be designated Part 6, to read as follows: Part 6 12-5-440. This part shall be known as and may be cited as the `Metropolitan River Protection Act.' 12-5-441. As used in this part, the term: (1) `Area' means a Standard Metropolitan Statistical Area as defined by the United States Executive Office of the President, Standard Metropolitan Statistical Area 1967, Part I Criteria, Office of Management and Budget, subject to any changes made by the Board of Community Affairs pursuant to authority contained in Article 2 of Chapter 8 of Title 50, which is located wholly within the State of Georgia and having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census. (2) `Applicant' means any person who requests the issuance of a certificate under this part. (3) `Certificate' means a building permit or other written authorization issued under this part. (4) `Commission' means the Metropolitan Area Planning and Development Commission created for each such area pursuant to the authority contained in Article 2 of Chapter 8 of Title 50. (5) `Flood plain' means that area within the stream corridor which is subject to being flooded with a probable frequency of at

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least once every 50 years. The commission shall delineate the flood plain and in doing so may utilize or adopt studies prepared by the Corps of Engineers, United States Army, or such other studies as the commission deems competent. (6) `Governing authority' means the governing authority of a political subdivision or, except for the purposes of paragraph (2) of subsection (c) of Code Section 12-5-445, a committee of such governing authority. (7) `Major stream' means any stream or river, whether navigable or nonnavigable, which flows through any area and which is the source of at least 40 percent of the public water supply of any such area. (8) `Person' means any individual, partnership, corporation, trust, entity, or authority and shall include the State of Georgia, its political subdivisions, and all its departments, boards, bureaus, commissions, or other agencies. (9) `Plan' means the comprehensive plan prepared by the commission pursuant to Code Section 12-5-443. (10) `Political subdivision' means a county or a municipality in which the section of the river corridor to be affected or any part thereof is located. (11) `Stream corridor' means all land in the area within 2,000 feet of the watercourse, except such land where, by decision of the commission, the effect on water quality in the major stream and the effect of flooding and erosion adjacent to the stream is not sufficiently substantial to warrant the exercise of jurisdiction under this part and where the commission elects to decline jurisdiction. (12) `Watercourse' means the natural banks of a major stream in any area as defined by the low-water mark of such stream and including the entire bed of such stream and all islands therein, from the point where the stream enters the area downstream to a line perpendicular across the flow of such stream at the point, within the area, which is the last downstream water supply intake location for any political subdivision in the area.

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12-5-442. (a) The General Assembly finds that adequate supplies of clean drinking water constitute the lifeblood of the great metropolitan areas of this state and are, therefore, essential to the health, welfare, and economic progress of the state; that development adjacent to major streams in certain metropolitan areas requires special regulation to provide adequate protection for public water supplies; that siltation and urban runoff threaten such water supplies; that flood plain development unnecessarily exposes life and property to loss by flooding while increasing flood risks for other areas; that over-intensive development adjacent to major streams increases the frequency and severity of such flooding; that it is in the public interest to avoid future flood damage and possible loss of life, to control erosion and pollution, and to protect the water quality of major streams in certain metropolitan areas. (b) The purpose of this part is to provide a flexible and practical method whereby political subdivisions in certain metropolitan areas may utilize the police power of the state consistently and in accordance with a comprehensive plan to protect the public water supplies of such political subdivisions and of the area and to prevent floods and flood damage, to control erosion, siltation, and intensity of development adjacent to major streams in such areas for such purposes, and to provide for comprehensive planning for stream corridors in such areas. (c) The General Assembly finds that certain political subdivisions in the included area have in force certain flood plain and sediment control ordinances that afford adequate protection for the aforementioned problems. Nothing in this part shall be construed so as to make those local political subdivision ordinances less stringent than they are now. 12-5-443. The commission shall, consistent with the purposes of this part: (1) Prepare and keep up to date a comprehensive, coordinated land and water use plan for the stream corridor. The plan, as prepared and approved by the commission, shall set land use criteria for flood and flood damage prevention, erosion and siltation control, water quality protection, and intensity of development in the stream corridor. The plan, as adopted by the commission, shall be transmitted to each political subdivision by June 16, 1973. The commission may, after hearing, utilize or

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adopt an existing plan or plans as the plan called for by this part. The commission may from time to time revise the plan or portions thereof, and any such revisions of the plan shall be transmitted promptly after adoption. Prior to the adoption of the plan, or of any substantial portion or any revision of the plan, the commission shall hold a public hearing on the proposed plan, or portion or revision thereof, in each county in which any land affected by the plan or, in the case of a portion or revision of the plan, in which any land affected by such portion or revision lies. The commission shall cause notice of the time and place of each such public hearing to be published once a week for two weeks in one or more newspapers of general circulation in each county in which land to be affected lies. Any such land and water use plan shall be prepared in consultation and with assistance of the county or city governing authority where the land to be affected lies; (2) Foster and undertake such studies of water and related land resources problems in the stream corridor as are necessary in the preparation or revision of the plan; and (3) Make such rules and regulations as may be necessary to implement the purposes of this part and to administer and implement this part and all rules, regulations, and orders promulgated under this part. 12-5-444. (a) Pending adoption of the plan as to each political subdivision, it shall be unlawful for any person to erect, maintain, suffer, or permit any structure, dam, obstruction, deposit, clearing, or excavation in or on the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or flood plain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation, or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of flood waters, or harmfully increase erosion, siltation, or water pollution. In order to prevent undue hardship, the commission may, prior to the adoption of the plan as to any political subdivision, issue a letter or written statement signed by the executive director ruling with respect to any proposed land or water use in such political subdivision that none of the above-listed adverse effects will occur as a result of the proposed use. Nothing in this subsection shall apply to a political subdivision that, on June 30, 1973, has in effect a flood plain ordinance and a sediment control ordinance.

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(b) (1) After adoption of the plan or any portion thereof, it shall be unlawful within those areas regulated by the plan or any portion thereof for any person to erect, use, maintain, suffer, or permit a structure, dam, obstruction, deposit, clearing, or excavation in or on the stream corridor which will be incompatible or inconsistent with the plan or any portion thereof. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision authorizes the issuance of a certificate for the proposed use after making a specific finding that such use is in compliance with the plan or portion thereof, provided that such certificate shall not become effective until reviewed or prereviewed by the commission in accordance with Code Section 12-5-445 or Code Section 12-5-446. In making the finding required by this subsection, the governing authority shall follow the criteria set forthe by the plan, or portion thereof, for water quality protection, flood and flood damage prevention, erosion, and siltation control, and intensity of development. (2) The governing authority shall, before issuing any certificate, require the applicant to furnish such detailed information on the proposed land or water use as the governing authority shall reasonably request. In each case the information which the governing authority shall require the applicant to furnish shall include: (A) The name of the owner of the land for which the permit is sought; (B) A description of such land; (C) A grading plan showing all movement of earth about, onto, or off of such land; (D) A landscaping plan showing all trees and vegetation to be removed and to be replaced on such land and a time schedule for accomplishing such removal and replacement; and (E) A detailed site plan showing the location of each structure, the approximate dimensions of each structure, and the location and approximate area of all impervious surfaces to be placed on such land.

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(3) All construction, damming, depositing, clearing, or excavation shall be done strictly in accordance with the certificate issued under this part. Any substantial change or modification of a proposed land or water use for which a certificate has been issued shall require a new certificate, which must be issued in accordance with the requirements of this part. (c) The governing authority shall hold a hearing before issuing or denying any certificate under this Code section. The form and procedure for such hearings shall be determined by the governing authority involved, provided that all interested persons shall be afforded adequate notice of such hearings and an opportunity to be present and express their views. The information required under paragraph (2) of subsection (b) of this Code section shall be filed in final form and be available for public inspection prior to such hearing. 12-5-445. (a) Within ten days after issuing any certificate, the governing authority shall transmit to the commission a copy of such certificate, the governing authority's findings thereon, and all supporting information filed by the applicant. (b) If, from the certificate, findings, and supporting data or from its own investigation, the commission finds that there are inconsistencies between the plan and the proposed land or water use authorized by the certificate in such manner as to be consistent with the plan. If the commission fails to recommend modification of the certificate within 60 days from submission of such certificate to the commission, the certificate shall become effective as issued. (c) In any case where the commission has recommended modification of a certificate, the governing authority may: (1) Adopt such recommendation and incorporate it as a condition of the certificate, in which case any land or water use under the certificate must be strictly in accordance with the recommendation so incorporated; (2) Override such recommendation by affirmative vote of a majority of the full membership of the governing body; or (3) Request reconsideration of such recommendation by the commission at a public hearing.

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If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the commission to the governing authority, the certificate shall not become effective. Where a public hearing is requested under this subsection, such public hearing shall be held by the commission within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be mailed at least five days prior to the hearing to the governing authority and to the applicant. The commission shall make its final determination with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant or by the governing authority involved. 12-5-446. (a) In order to simplify procedures and avoid delays in the utilization of land or water resources, the commission may prereview any application for a certificate under this part upon written request for such prereview made by the applicant with the written consent of the governing authority of the political subdivision involved, or upon the written request for prereview of an application made by the governing authority of the political subdivision involved. Each such request for prereview shall be accompanied by all of the information required under paragraph (2) of subsection (b) of Code Section 12-5-444, including all information currently required by the governing authority of the political subdivision involved. The commission may, after reviewing the application, make a finding that the proposed land or water use as shown in the application submitted for prereview is consistent with the plan or, if it finds that such land or water use is inconsistent with the plan, recommend modification of the proposed land or water use in such manner that such land or water use will be consistent with the plan. The commission shall transmit its findings or recommendations with respect to the application to the political subdivision involved within 60 days from the date of submission of such request for prereview. Where a request for prereview is made by an applicant, the commission may require payment by the applicant of a reasonable fee, not to exceed $50.00 for each application, to defray the administrative expenses of such prereview. (b) Whenever an application for a certificate authorizing a proposed land or water use has been prereviewed by the commission under this Code section, a certificate authorizing such land or water use shall become effective immediately upon issuance by the governing authority involved, without further review by the commission, if:

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(1) Where the commission has found that the proposed land or water use as shown by the application submitted to it for prereview is consistent with the plan, the land or water use as authorized by the certificate is substantially identical in all respects; or (2) Where the commission has recommended modification of a proposed land or water use in such manner that such land or water use will be consistent with the plan, the certificate authorizing the land or water use incorporates every such modification. Otherwise the certificate must be reviewed by the commission in accordance with Code Section 12-5-445. (c) When prereviewing an application for a certificate under this part, the commission is authorized and encouraged to consult with the governing authority of the political subdivision involved, the planning or zoning departments of such political subdivision, and other interested persons with regard to the application. Nothing in this part shall preclude any person who is or may be an applicant for a certificate under this part, but who does not desire to use the formal prereview procedure provided by this Code section, from consulting informally with the commission or the staff of the commission with respect to a proposed land or water use in the stream corridor; and the commission is authorized and encouraged to advise and assist every such applicant and potential applicant with respect to compliance with the plan to the fullest extent possible consistent with its limitations of budget and staff. 12-5-447. Every certificate issued by a governing authority and every recommendation or certificate of the commission shall comply with the following minimum standards: (1) No land or water use shall be permitted in the flood plain; and (2) No land or water use shall be permitted within 150 horizontal feet of the watercourse unless the proposed use is not harmful to the water and land resources of the stream corridor, will not significantly impede the natural flow of flood waters, and will not result in significant land erosion, stream bank erosion, siltation, or water pollution.

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12-5-448. Any person aggrieved by any final determination of the commission or a governing authority under this part may take an appeal to the superior court of the county in which all or part of the land affected lies. The appeal shall be filed within 30 days from the date of the decision of the governing authority or committee of such governing authority. Upon failure to file an appeal within 30 days, the decision of the governing authority or committee of such governing authority shall be final. The appeal shall be heard by the judge of the superior court without a jury, unless one of the parties files a written demand for a jury trial within 30 days from the filing of the appeal. 12-5-449. The requirements of this part are in addition to and do not supersede other requirements of law including the zoning and building regulations of the political subdivision involved. 12-5-450. Any county in this state which is contiguous to an area and which would have land in a stream corridor if such county were in an area may, with the consent of the particular commission, elect to come under this part by resolution adopted by its governing authority. Where a county has elected to come under this part as provided in this Code section, any municipality in that county which has any territory in the stream corridor may, with the consent of the commission, elect to come under this part by resolution adopted by its governing authority. 12-5-451. This part shall not apply to the following uses: (1) Any land or water use for agriculture or animal husbandry; (2) Ordinary maintenance and landscaping operations; or (3) Any land or water use or project which, on March 16, 1973, is approved, pending, or is completed, actually under construction, or which is zoned for such use and where expenditures in excess of $2,500.00 have been made in preparation for construction in accordance with such zoning; provided, however, that the construction of the project is actually commenced within 36 months of March 16, 1973; otherwise, a certificate for the project must be obtained pursuant to this part.

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12-5-452. (a) Every structure, dam, obstruction, deposit, excavation, or clearing erected, used, or maintained in violation of this part shall be a public nuisance; and the creation and maintenance thereof may be enjoined and abated upon an action being filed by the commission, any political subdivision affected, or any person. (b) Any person who willfully and wantonly violates this part or any rule or regulation of the commission may be fined not more than $1,000.00 for each offense. Each day on which such violation exists is a separate offense. 12-5-453. The superior court of the county in which the land or any part thereof lies shall have jurisdiction to restrain a violation of this part upon an action being filed by the commission, political subdivision affected, or any person. In the event the land lies in more than one county, jurisdiction shall be in the superior court of any county in which the land lies. 12-5-454. Notwithstanding any other provisions of this part to the contrary, nothing contained in this part shall be construed so as to prohibit any person, firm, or corporation from removing sand from any water course without restriction when such removal is accomplished in such a manner that no greater effluent is returned to the water course than that removed therefrom and no erosion along the banks of the water course occurs. 12-5-455. The plan, every proposed version thereof, every revision thereof, and every application for a certificate under this part shall constitute public documents and shall be freely available for inspection by any person. Section 5. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (11) of Code Section 15-6-61 and inserting in lieu thereof a new paragraph (11) to read as follows: (11) To make a notation on all conveyances or liens of the day they were left to be recorded and of the day they were recorded, to be signed officially, which notation shall be evidence of the facts stated. In counties having a population of more than 150,000 persons according to the United States decennial census of 1950 or any future such census, the notation may be made by the clerk or his deputy by written signature or by facsimile signature of the clerk.

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Section 6. Said Title is further amended by striking Code Section 15-6-64 and inserting in lieu thereof a new Code Section 15-6-64 to read as follows: 15-6-64. After the clerk of the superior court of any county having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1970 or any future such census files for record any warranty deed, mortgage, or other instrument evidencing title to any real property, it shall be his duty, as soon as possible, to notify the purchaser of the real property or the person who presented the instrument for recording, in writing by United States mail, that the purchaser of the real property should contact the county tax receiver or tax commissioner to determine if the real property qualifies for a homestead exemption and to obtain further instructions from his tax receiver or tax commissioner relative to returning the real property for taxation and making application for homestead exemption. The notification may be accomplished by sending a notice to the purchaser or other person who presented the instrument for recording, at the time the instrument is returned to the purchaser or other person, in substantially the following form: NOTICE If the purchaser resides on the real property which is the subject of the enclosed instrument filed for record, the purchaser may be entitled to either a $2,000.00 or $4,000.00 homestead exemption. The purchaser should apply for the homestead exemption at the office of the county tax commissioner or tax receiver. Section 7. Said Title is further amended by inserting two new Code sections to follow Code Section 15-6-77, to be designated Code Sections 15-6-77.1 and 15-6-77.2, to read as follows: 15-6-77.1 (a) This Code section shall apply to all counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census. (b) In addition to the fees specified by subsection (b) of Code Section 15-6-77, the clerk of superior court of counties described in subsection (a) of this Code section shall be entitled to charge and collect the following additional fees for official duties performed by him in civil cases:

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(1) Filing and docket actions, complaints, or motions $ 1.00 (2) Entering verdict or judgment on minutes 1.00 (3) Filing all motions subsequent to any complaint in any case 1.00 (4) Issuing writ of fieri facias 1.00 (5) Entering writ of fieri facias on general execution docket .50 (6) Recording maps or plats 1.00 (7) Registering and filing trade names pursuant to subsection (b) of Code Section 10-1-490 4.00 (8) Recording proceedings in all cases of habeas corpus, per page .50 (c) In addition to the fees specified by subsections (e) and (f) of Code Section 15-6-77, the clerk of superior court of counties described in subsection (a) of this Code section shall be entitled to charge and collect the following additional fees for official duties performed by him in criminal cases: (1) Service in entering and docketing bills of indictment, presentment, no bills, accusations, indictment or accusation record $ 4.50 (2) Entering any record on minutes, fee not otherwise specified, per page 1.50 (d) All fees charged and collected by the clerks of superior courts in counties described in subsection (a) of this Code section shall be paid into the county treasury. 15-6-77.2. (a) This Code section shall apply to all counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census.

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(b) For purposes of this Code section, the term `domestic civil cases' means: (1) Divorce cases; (2) Alimony cases; (3) Annulment cases; (4) Separate maintenance cases; or (5) A modification of decree in any of the matters specified in paragraphs (1) through (4) of this subsection. (c) In all counties specified in subsection (a) of this Code section, the total costs for all services rendered by the clerk of 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. (d) In all civil cases other than those specified in subsection (c) of this Code section and those in which there is no adversary party against whom costs may be taxed, the total cost for all services rendered by the clerk of 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) of this Code section shall be paid to the clerk of superior court at the time of the filing of the original complaint except such sums as shall be due by reason of the addition of parties, which sums shall be paid to the clerk at the time such parties are added or a motion to add parties is filed, whichever event occurs first. (f) The sums specified in subsections (c) and (d) of this Code section shall be in lieu of all other costs for the clerk in the civil cases specified in such subsections, but nothing in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing in this Code section shall be construed to affect in any way the power and authority of the superior courts of counties described in subsection (a) of this Code section from taxing costs in accordance with law, but no costs

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collected under this Code section shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party. (g) All sums charged and collected by the clerks of superior court pursuant to this Code section shall be paid into the county treasury. Section 7.1. Said title is further amended by adding a new subsection (c) to Code Section 15-6-86, relating to the location of places for the storage of records to read as follows: (c) (1) This subsection shall apply to any county in this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census. (2) Notwithstanding subsection (a) and (b) of this Code section, in the event space at the courthouse or other place where the office of the clerk of the superior court is located is inadequate to insure the safe storage of records, said clerk, after obtaining written permission from the governing authority of the county and of the superior court judge of the circuit in which the county is located or the senior judge in those circuits having more than one judge, may cause said records to be stored at some other place in the county not more than 25 miles from the courthouse. The clerk shall give public notice of the place of such storage by posting notice at the courthouse. Section 8. Said Title is further amended by adding a new Code section following Code Section 15-8-5, to be designated Code Section 15-8-6, to read as follows: 15-8-6. Any judge of any city court or like court may, when authorized to do so by the governing authorities of any city having a population of more than 350,000 according to the United States decennial census of 1950 or any future such census, preside in the municipal court, by whatever name called, of such city. When so presiding, such judge shall have full power and authority in all matters pending in the court, including the trial of all offenses against the ordinances of the city. Section 9. Said Title is further amended by striking Code Section 15-9-10 and inserting in lieu thereof a new Code Section 15-9-10 to read as follows:

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15-9-10. (a) Until a vacancy in the office of judge of the probate court is filled, the chief judge of the city, state, or county court, as the case may be, shall serve as the judge and shall be vested with all the powers of the judge. If there is no such chief judge or if for some reason the chief judge cannot serve as judge, the clerk of the superior court of the county shall serve as judge and shall be vested with all the powers of the judge. In the event that the clerk of the superior court, for some reason, cannot serve as judge, the chief judge of the superior court of the county shall appoint a person to serve as judge; such person shall be vested with all the powers of the judge. The board of county commissioners or, in those counties which have no commissioners, the chief judge of the superior court shall fix the compensation of the person who serves as judge until the vacancy is filled. The compensation shall be paid from the general funds of the county. The fees collected during such period of time shall be paid into the general funds of the county. (b) Notwithstanding subsection (a) of this Code section or other laws to the contrary, in the event the office of judge of the probate court becomes vacant in any county of this state having a population of not less than 200,000 nor more than 250,000 according to the United States decennial census of 1970 or any future such census, the vacancy shall be filled by majority vote of the superior court judges of the judicial circuit in which the county lies. The person appointed to fill the vacancy shall serve until the next succeeding general election, at 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 county described in this subsection shall receive the same compensation that the judge of the probate court was receiving at the time the office became vacant. Section 10. Said Title is further amended by striking Code Section 15-9-33 and inserting in lieu thereof a new Code Section 15-9-33 to read as follows: 15-9-33. (a) The several judges of the probate courts are authorized to administer oaths in all cases where the authority is not specially delegated to some other officer and to receive the same fees therefor as are allowed justices of the peace. (b) The judge of the probate court in any county of this state having a population of 550,000 or more according to the United States

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decennial census of 1970 or any future such census shall have the power and authority to administer the oath of office to any officer or official of such county or any municipality located within such county and to each judicial officer of the state whose jurisdiction extends to such county. Section 11. Said Title is further amended by adding a new Code section following Code Section 15-10-33, to be designated Code Section 15-10-33.1, to read as follows: 15-10-33.1. In all counties of this state having a population of 500,000 or more according to the United States decennial census of 1960 or any future such census, any judge emeritus of any court established in such counties in lieu of justice courts and the office of justice of the peace pursuant to Article VI, Section VII, Paragraph I of the Constitution of this state shall be provided with office space and secretarial assistance as may be determined by the county governing authority upon the request of the judge emeritus. It shall be the duty of the county governing authority to carry out and make effective this Code section. Section 12. Said Title is further amended by adding a new Code section following Code Section 15-12-10, to be designated Code Section 15-12-11, to read as follows: 15-12-11. (a) In all counties having a population of 500,000 or more according to the United States decennial census of 1960 or any future such census, the judges of the superior court of such counties, by a majority vote of all of them, shall have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court. The appointments to such positions and the compensation therefor shall be determined by the judges without regard to any other system or rules, such personnel to serve at the pleasure of the judges. The salaries and expenses of the personnel and any attendant expense of administration of the courts are determined to be contingent expense of court and shall be paid as provided by law for the payment of contingent expenses. The duties of the personnel shall be as prescribed by the judges. (b) All prospective jurors in counties described in subsection (a) of this Code section shall be required to answer questionnaires, as may be determined and submitted by the judges of such counties, concerning their qualifications as jurors.

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(c) In the event any prospective juror fails or refuses to answer the questionnaire, the jury clerk shall report the failure or refusal to the court together with the facts concerning the same, and the court shall have such jurisdiction as is provided by law for subpoena, attachment, and contempt powers. (d) This Code section shall be supplemental to other provisions of law, with a view toward efficient and orderly handling of jury selection and the administration of justice. Section 13. Said Title is further amended by adding a new Code section following Code Section 15-12-82, to be designated Code Section 15-12-83, to read as follows: 15-12-83. (a) This Code section shall apply to all counties of this state which according to the United States decennial census of 1970 or any future such census have a population of: (1) Not less than 18,900 nor more than 19,300; or (2) 150,000 or more. (b) In any county of this state referred to in subsection (a) of this Code section, a stenographer is authorized to be present and in attendance upon the grand jury while any witness is being examined by the grand jury. Before attending the grand jury, the stenographer shall take the following oath: `I do solemnly swear that I will keep secret all things and matters coming to my knowledge while in attendance upon the grand jury, so help me God.' (c) The district attorney of the circuit in which the county is located shall appoint the stenographer and fix the compensation therefor, such compensation to be paid by the county. (d) The stenographer is authorized to take and transcribe the testimony or any part of the testimony of any witness who testifies before the grand jury and to furnish the transcript of testimony to the grand jury or the district attorney. The stenographer shall be incompetent to testify at any hearing or trial concerning any matter or thing coming to the knowledge of the stenographer while in attendance upon the grand jury.

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(e) In any county of this state having a population of 200,000 or more according to the United States decennial census of 1970 or any future such census, a recording device may be used in lieu of the stenographer provided for in subsection (a) of this Code section. Any person transcribing testimony from such recording shall be incompetent to testify at any hearing or trial concerning any matter or thing coming to the knowledge of the person from the recordings. Section 14. Said Title is further amended by adding a new subsection following subsection (b) of Code Section 15-16-10, to be designated subsection (c), to read as follows: (c) In all counties of this state having a population of not less than 350,000 nor more than 500,000 according to the United States decennial census of 1970 or any future such census, it shall be the duty of the sheriffs of such counties to receive, confine, feed, and care for all persons charged with the violation of any ordinances of such counties in the same manner as persons charged with an indictable offense, whether such person charged with the violation of an ordinance is being held pending a hearing before the recorder's courts of such counties or has been sentenced by the recorder's courts to imprisonment in the county jail. Section 15. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new subsection at the end of Code Section 16-10-6, to be designated subsection (c), to read as follows: (c) Notwithstanding subparagraph (b)(2)(A) of this Code section, paragraph (1) of subsection (b) of this Code section shall not apply to sales of personal property of less than $1,000.00 per calendar quarter made by an employee of a municipality having a population of not less than 4,133 nor more than 4,140 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 16. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-6-112 and inserting in lieu thereof a new Code Section 17-6-112 to read as follows: 17-6-112. (a) Actual violence, a threat of violence, or any other act intended and calculated to excite alarm or to provoke a

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breach of the peace shall be a violation of the bond posted pursuant to Code Section 17-6-110. For every such act, the party at whose instance the bond was required shall have a right of action. (b) In counties having a population of not less than 200,000 nor more than 250,000 according to the United States decennial census of 1950 or any future such census in which there is located a municipal court, upon oral or written complaint by the injured party, the court may in its discretion issue a rule for contempt against the offending defendant. Upon hearing the rule, if the court finds that there has been a violation of the bond, the court may, in addition to the remedy provided in subsection (a) of this Code section, impose a sentence for contempt of court. If it should appear to the court from the evidence and the court finds that the breach of the peace was provoked or brought about by the conduct of the prosecuting witness, the witness may be ruled for contempt of court and sentenced as provided by law. Section 17. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding a new subsection, to be designated subsection (d), at the end of Code Section 20-2-51 to read as follows: (d) In all counties of this state having a population of not less than 350,000 or more than 500,000 according to the United States decennial census of 1970 or any future such census, the members of the county boards of education taking office after December 1, 1975, shall not hold any other elective governmental office. If any member of any such county board should qualify at any time after December 1, 1975, for nomination or election to any other elective governmental office other than for membership on such county board, his position on such county board shall thereby become vacant. Such vacancy shall be filled as provided by the law applicable to any such county board. Section 18. Said Title is further amended by striking Code Section 20-2-57 and inserting in lieu thereof a new Code Section 20-2-57 to read as follows: 20-2-57. Upon being called together by some one of their number, after their election, the members of the county board shall organize by selecting one of their number as chairman, who shall serve as such during the term for which he was chosen as a member of the

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county board. The county school superintendent shall act as secretary of the county board, ex officio. A majority of the county board shall constitute a quorum for the transaction of business. It shall be the duty of the superintendent as secretary to be present at the meetings of the county board, to keep the minutes of its meetings and make a permanent record of them, and to do any other clerical work it may direct him to do. He shall record in a book, to be provided for the purpose, all official proceedings of the county board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairman and countersigned by the secretary. Provided, however, that in all counties of this state having a population of not less than 75,200 nor more than 77,000 according to the United States decennial census of 1960 or any future such census, the chairman of the board of education for such county shall be elected as provided for in this Code section, but shall serve for such term as shall be fixed by the board by appropriate resolution adopted by the board, which may be amended from time to time by the board. Section 19. Said Title is further amended by adding a new Code section following Code Section 20-2-372, to be designated Code Section 20-2-373, to read as follows: 20-2-373. Nothing contained in this article shall apply to a municipal or independent school system of a municipality having a population of 200,000 or more according to the United States decennial census of 1920 or any future such census. Section 20. Said Title is further amended by striking Code Section 20-2-522 and inserting in lieu thereof a new Code Section 20-2-522 to read as follows: 20-2-522. Condemnation proceedings by the boards and systems referred to in Code Section 20-2-521 shall take the form provided in Chapter 1 of Title 22 and Article 1 of Chapter 2 of Title 22 or the form provided in Article 3 of Chapter 2 of Title 22, provided that county boards of education in counties of this state having a population (including the population of any independent school district located in such county) of more than 500,000 according to the United States decennial census of 1950 or any future such census may use the form provided in Article 2 of Chapter 2 of Title 22.

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Section 21. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by adding a new subsection, to be designated subsection (c), at the end of Code Section 21-2-213, to read as follows: (c) In all counties of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census, the board of registrations and elections shall appoint the registrars and deputy registrars of each municipality lying wholly within the boundaries of any such county as deputy registrars of such county. Section 22. Said Title is further amended by striking subsection (b) of Code Section 21-2-231 and inserting in lieu thereof a new subsection (b) to read as follows: (b) Within 60 days after January 1, beginning in the year 1965, and biennially thereafter, the registrars shall revise and correct the registration records in the following manner. They shall examine the registration cards and shall suspend the registration of all electors who have not voted in at least one general or special election or primary, or municipal general or special election or primary if the county is furnishing the electors list to a municipality, within the three years immediately preceding such January 1. On or before March 1 of such year they shall mail notice by first-class mail to each elector, at his last known address, stating substantially as follows: `You are notified that according to state law, your registration as a qualified voter will be canceled for having failed to vote within the past three years, unless before April 1 of the current year you continue your registration by applying in writing to the board of registrars.' Effective April 1, 1965, and biennially thereafter, the registrars shall cancel the registration of all electors thus notified who have not applied for continuance, and the names of all such electors shall be wholly removed from the list of electors prior to May 1 of that year. Registrars shall furnish each elector so notified a card with the name and address of the board of registrars printed on the face thereof which may be used by the elector in notifying the board of registrars of the elector's desire to continue the elector's registration. In counties having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or

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any future such census, the board of registrations and elections shall affix sufficient postage to such return card so as to ensure proper delivery to the board. Section 23. Said Title is further amended by striking Code Section 21-2-233 and inserting in lieu thereof a new Code Section 21-2-233 to read as follows: 21-2-233. The registrars, not later than the voter registration deadline for the November election in each even-numbered year, shall begin the work of perfecting a true and correct list of the electors of their county for use in such election. They shall place on such list only those persons they have found to be prima facie qualified to vote and those persons whom they shall subsequently find to be prima facie qualified to vote. In preparing such list, they shall examine the lists of disqualified persons furnished them and, if any applicant's or elector's name is found thereon, they shall not place his name on the electors list. If the information comes to them after the preparation and filing of the list, they shall call upon him to show cause why it should not be removed from the list. They shall also indicate on such list the names of those electors who are eligible to receive assistance in voting and who have notified the registrars of such eligibility. The registrars shall proceed with their work of perfecting such list of electors and shall complete the same as soon as practicable but in no event later than five days prior to the November election. On July 1, 1981, all registered electors of any municipality of this state lying wholly within the boundaries of any county of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census, who are not registered voters of such county, shall be added to the voter registration list of such county. Such electors shall thereafter be subject to this article in the same manner as other electors of such county. Section 24. Said Title is further amended by striking subsection (b) of Code Section 21-2-490 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The 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 completion of the duties of said board. The provisions of this subsection shall not apply with respect to such offices in counties of this state having a population

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of 550,000 or more according to the United States decennial census of 1970 or any future such census. Section 25. Said Title is further amended by striking subsection (d) of Code Section 21-3-125 and inserting in lieu thereof a new subsection (d) to read as follows: (d) The governing authority of any municipality may by charter, ordinance, or resolution elect either to maintain its own registration or to provide for the city to use the county registration list, stating that any person who is a resident of the municipality and who is registered as an elector with the board of registrars of the county shall be eligible to vote in a municipal primary or election. If the municipality elects to maintain its own registration list, the municipality shall use the form of the registration card and the questions to be propounded to an applicant as prescribed in Code Section 21-2-217. The qualifications of a person seeking to vote in a municipal primary or election shall be determined by this chapter and the Constitution of Georgia. Provided, however, municipalities which are the county seats of counties having populations of not less than 32,500 and not more than 34,100 according to the United States decennial census of 1970 or any future such census shall not be authorized to maintain their own registration lists but shall use the registration list of the county and such county shall be required to furnish such list to the municipality. Provided, further, that any such counties shall be required to furnish a list of the registered voters residing within such municipalities to the governing authorities of the municipalities no later than seven days before any election or primary covered by this chapter is to be held in such municipalities. Section 26. Said Title is further amended by striking subsection (b) of Code Section 21-3-133, which reads as follows: (b) Voters disqualified by reason of paragraph (1) of subsection (a) of this Code section shall be given notice by first-class mail within ten days after removal of their names and shall be given 20 days from removal date to request in writing a continuance of their registration. The registrar shall remove those who do not so apply within the time allotted., in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) Voters disqualified by reason of paragraph (1) of subsection (a) of this Code section shall be given notice by first class mail at their last known address within ten days after removal of their names, such notice to state substantially as follows: Registrars shall furnish each elector so notified a card with the name and address of the board of registrars printed on the face thereof which may be used by the elector in notifying the registrars of the elector's desire to continue the elector's registration. Electors shall be given 20 days from removal date to request in writing a continuance of their registration. The registrars shall remove those who do not so apply within the time allotted. In municipalities lying wholly within the boundaries of counties of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census and which maintain their own voting lists, registrars shall affix sufficient postage to such return card so as to ensure proper delivery to the board of registrars. Section 27. Said Title is further amended by adding a new subsection, to be designated subsection (c), at the end of Code Section 21-3-134, to read as follows: (c) On July 1, 1981, all registered electors of any county of this state having a population of not less than 400,000 nor more than 525,000 according to the United States decennial census of 1970 or any future such census who reside within the corporate boundaries of any municipality lying wholly within such county and who are not registered voters of such municipality shall be added to the voter registration list of such municipality. Such electors shall thereafter be subject to this article in the same manner as other electors of each such municipality. Section 28. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding a new

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paragraph at the end of Code Section 32-4-42, to be designated paragraph (11), to read as follows: (11) In all counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, the county governing authority shall be empowered by ordinance or resolution to assess against any property the cost of reopening, repairing, or cleaning up from any public way, street, road, right of way, or highway any debris, dirt, sediment, soil, trash, building materials, and other physical materials originating on such property as a result of any private construction activity carried on by any developer, contractor, subcontractor, or owner of such property. Any assessment authorized under this paragraph, the interest thereon, and the expense of collection shall be a lien against the property so assessed co-equal with the lien of other taxes and shall be enforced in the same manner as are state and county ad valorem property taxes by issuance of a fi. fa. and levy and sale as set forth in Title 48 of the Official Code of Georgia Annotated, known as the `Georgia Public Revenue Code.' Section 29. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding a new Code section following Code Section 35-8-18, to be designated Code Section 35-8-19, to read as follows: 35-8-19. In each city of this state adjacent to the State of Georgia boundary line and having a population of not less than 4,255 and not more than 4,300 according to the United States decennial census of 1970 or any future such census, the sheriff, mayor, or other person authorized to appoint peace officers may appoint as special deputy, special constable, marshal, policeman, or other peace officer, a person who is not a citizen of Georgia but who is a citizen of an adjoining state, provided such appointed person is otherwise qualified to serve as a peace officer. Section 30. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-1-9 and inserting in lieu thereof a new Code Section 36-1-9 to read as follows: 36-1-9. (a) Any county official, officer, or employee who is charged with the responsibility of collecting, receiving, or disbursing any fees, fines, forfeitures, costs, commissions, allowances, penalties,

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funds, or moneys, or any other emolument or perquisite for any other county official, officer, or employee who has been placed upon a salary payable from county funds in lieu of receiving such compensation, when provision has been made by law for such compensation to become the property of and payable to the county, may pay said funds directly into the county treasury upon their receipt. (b) In all counties with populations of not less than 23,000 and not more than 25,300 according to the United States decennial census of 1970 or any future such census, any county official, officer, or employee who deposits county funds with any bank or trust company shall only deposit such funds in an account which is in the official name of the official, officer, or employee and which name clearly indicates that the funds in the account are county funds and are for official county use only. Each such account shall be audited with the regular county audit. Section 31. Said title is further amended by adding a new Code section following Code Section 36-1-18, to be designated Code Section 36-1-19, to read as follows: 36-1-19. (a) In all counties of this state having a population of more than 550,000 according to the United States decennial census of 1970 or any future such census, the governing authorities of such counties are authorized to provide by ordinance for the appropriation of money for and the making of grants or contributions to any corporation, association, institution, or individual for purely charitable purposes, provided that the activities funded by any such grants or contributions shall take place within the county making such grant or contribution. (b) In connection with the appropriation of money for or the making of any grant or contribution for purely charitable purposes, the governing authority of any county within this state may establish such boards or councils as it may determine to establish the procedures by which such grants or contributions are made and to advise the governing authorities of such counties generally with respect to such grants or contributions. Section 32. Said title is further amended by adding a new Code section following Code Section 36-6-16, to be designated Code Section 36-6-16.1, to read as follows:

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36-6-16.1. (a) It shall be lawful in all counties of this state having a population of 500,000 or more according to the United States decennial census of 1960 or any future such census for any county officer and any officer of any court, including the superior court in such counties, having in his possession and custody any funds, including trust funds, held for the benefit of any third person or litigant or for any purpose or subject to the order of any court or other tribunal to deposit such funds for safekeeping in the treasury of the county and to accept therefor the receipt of the treasurer or other fiscal officer of such county. (b) The original custodian of such fund before making any deposit may require the treasurer or other fiscal officer to execute in his favor a special bond in an amount not less than the aggregate of all funds so deposited and held by the treasurer or other fiscal officer, which bond with security approved by the superior court of such county shall be conditioned to repay or disburse all of such funds under proper legal authority. In lieu of other security on such bond, the treasurer or other fiscal officer may deposit in a safe place a bond of the United States Treasury in an amount not less than the aggregate of all deposits secured by such bond. (c) The treasurer of any county or other fiscal officer charged with the custody of county funds may decline to accept funds from any officer or officer of the court for deposit and safekeeping when in the judgment of such treasurer or other fiscal officer the conditions imposed are burdensome or would cause hardship or financial loss. (d) Any officer or officer of the court who deposits funds in his custody in the treasury of the county of such officer or officer of the court shall be relieved of personal responsibility for the safekeeping of such funds as may be entrusted to the treasury of the county under this Code section. (e) This Code section shall not be interpreted to prevent or delay the direct payment into the county treasury of all funds belonging to such county and collected by or held by an officer or officer of the court, but all of same shall be deposited immediately in the county treasury without the requirement of any special bond. Section 33. Said title is further amended by striking Code Section 36-9-3 and inserting in lieu thereof a new Code Section 36-9-3 to read as follows:

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36-9-3. (a) Prior to the sale or disposition of any real property belonging to any county of this state, notice of the contemplated sale or disposition of the property shall be published in the official organ of the county once a week for four weeks. After such publication, the property shall be sold at public auction to the highest bidder for cash in front of the courthouse on the first Tuesday of the month following such publication in the same manner in which sheriff's sales are held. This Code section shall not apply to redemption of property held by any county under a tax deed, the granting of easements, rights of way, the sale, conveyance, or transfer of road rights of way, and the sale, transfer, or conveyance to any other body politic. This Code section shall not apply to any option to sell or dispose of any real property belonging to any county of this state, if that option was granted by said county prior to March 17, 1959. This Code section shall not apply to the sale of any real property belonging to any county in this state where the proper governing authority of the county advertised the property for ten consecutive days in the newspaper in which the sheriff's advertisements for the county are published, and where the sale was awarded thereafter to the highest and best bidder, in accordance with the terms of the advertisement, and an option given in accordance with the sale for the purchaser who had deposited a part of the purchase price to pay the balance within 365 days from the date of the execution of the option, where the sale was awarded and the option granted prior to May 1, 1961. This Code section shall not apply to the exchange of real property belonging to any county in this state for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to the county; provided, however, that within six weeks preceding the closing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be published in the official organ of the county once a week for four weeks. The value of both the property belonging to the county and that to be acquired through the exchange shall be determined by appraisals and the value so determined shall be approved by the proper authorities of said county. (b) In any county of the state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, where the governing authority thereof has established or constituted an advisory commission, board, or authority to study and make recommendations for the future development, use, and sale of county-owned property, the governing authority of such county shall have the right, with the advice and approval of such

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commission, board, or authority, to negotiate and consummate a private sale of any county-owned property, notwithstanding the provisions of subsection (a) of this Code section. Where there is no commission, board, or authority established in such county for the particular class or type of property, the governing authority of such county shall nevertheless have the right to negotiate a private sale of any county-owned property with the advice and approval of the grand jury. (c) In any county of this state having a population of not less than 168,000 and not more than 180,000 according to the United States decennial census of 1970 or any future such census, where the governing authority thereof has approved and recommended the sale or disposal of county-owned real property, the governing authority of such county shall have the right to negotiate and consummate a private sale of any county-owned property, notwithstanding the provisions of subsection (a) of this Code section, provided the advice and approval of such private sale by the judge of the probate court or the judge of the superior court of any such county is obtained. Notice of application for such sale by private sale shall be published once a week for two weeks in the newspaper in which legal advertisements of the county are published before approval of such sale shall be granted. Such approval may be given at any time after such publication. Section 34. Said title is further amended by adding two new subsections at the end of Code Section 36-12-5, to be designated subsections (c) and (d), to read as follows: (c) Notwithstanding any other provision of law, the governing authority or the fiscal agent of any and all counties of this state having a population of not less than 150,300 nor more than 165,000 according to the United States decennial census of 1970 or any future such census is authorized to pay to the person, corporation, or legal entity designated by the governing authority to handle the dead body of any pauper or indigent, a sum not to exceed $350.00 per body handled upon approval of an itemized bill or statement furnished to the governing authority showing that such services have been rendered. The body shall be interred at a location directed by the governing authority. Such services shall be rendered in accordance with appropriate standards for the handling of such matters. The funds paid shall be paid from the general funds of the county.

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(d) In all counties of this state having a population of not less than 19,500 nor more than 19,800 according to the United States decennial census of 1970 or any future such census, the sum to be made available by the county for a pauper's burial shall be not less than $75.00 and not more then $375.00. The exact amount shall be determined by the governing authority of such counties, and such amount shall be reduced in an amount equal to any funds paid from other sources for the interment of the pauper. Section 35. Said title is further amended by adding a new Code section following Code Section 36-13-5, to be designated Code Section 36-13-5.1, to read as follows: 36-13-5.1. In all counties of this state having a population of 550,000 or more according to the United State decennial census of 1970 or any future such census, any employee who is authorized to enforce any county code, ordinance, regulation, rule, or other order, including such related ordinances, codes, and regulations as drainage regulations, soil erosion and sedimentation control regulations, subdivision and zoning regulations, water and sewer regulations, subdivision and zoning regulations, water and sewer regulations, and any other land development or construction regulations of such counties, shall have the authority to issue citations to any person who shall violate any such county code, ordinance, regulation, or order which shall be in effect in such counties. Such citations shall command the appearance of such person at a designated regular session of a court in such county having the jurisdiction of a commitment court throughout the entire county. At such time and place such court shall act as a court of inquiry with all the powers and authorities as specified in Code Section 17-8-5. In the event that any such person shall fail to appear in response to a citation, a warrant shall be issued for the arrest of such person for violation of such county code, ordinance, regulation, rule, or order without the necessity of any further action. Section 36. Said title is further amended by striking Code Section 36-30-3 and inserting in lieu thereof a new Code Section 36-30-3 to read as follows: 36-30-3. (a) One council may not, by an ordinance, bind itself or its successors so as to prevent free legislation in matters of municipal government. (b) The governing authorities of municipal corporations having a population of not less than 100,000 and not more than 135,000

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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 ratified and confirmed. Section 37. Said title is further amended by adding a new Code section following Code Section 36-34-5.1, to be designated Code Section 36-34-5.2, to read as follows: 36-34-5.2. Notwithstanding any provision of law to the contrary, any municipal corporation of this state having a population of more than 300,000 according to the United States decennial census of 1970 or any future such census is authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corporations for any period of time not to exceed 50 years to provide for the operation and maintenance of botanical gardens on municipal property. Section 38. Said title is further amended by adding a new Code section preceding Code Section 36-34-6, to be designated Code Section 36-34-5.3, to read as follows: 36-34-5.3. Notwithstanding any provision of law to the contrary, any municipal corporation of this state having a population of more than 300,000 according to the United States decennial census of 1970 or any future such census is authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corporations for any period of time not to exceed 50 years to provide for the operation and maintenance of public zoos on municipal property. Section 39. Said title is further amended by adding a new article at the end of Chapter 36, to be designated Article 4, to read as follows:

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Article 4 36-36-70. (a) The government of no municipality of this state may annex to the existing corporate limits of such municipality any unincorporated area in which water, sewerage, police protection, fire protection, and garbage or refuse collection is furnished or is to be furnished by the county in which such unincorporated area is situated, or where the county has included such unincorporated area in a comprehensive zoning plan of the county, without first obtaining the approval of the governing authority of the county in which such unincorporated area is situated. Such approval must be obtained by an official act of the governing authority of the county and must be duly recorded upon the minutes of such body. The owner of any real property situated in such county shall have the right to enjoin any municipality which has not obtained the required approval of the governing authority of the county from exercising any municipal powers, functions, or duties over the unincorporated area improperly sought to be annexed to the existing corporate limits by an action for injunction filed in the superior court of the county in which the territory proposed for annexation is situated. (b) The provisions of this Code section shall apply only to those counties of this state having a population of not less than 350,000 and not more than 500,000 according to the United States decennial census of 1970 or any future such census. Section 40. Said title is further amended by adding a new Code section following Code Section 36-37-6, to be designated Code Section 36-37-6.1, to read as follows: 36-37-6.1. (a) This Code section shall be applicable to incorporated municipalities of the State of Georgia having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census. (b) All such municipalities shall have authority to sell, exchange, or otherwise dispose of any real or personal property comprising parks, playgrounds, golf courses, swimming pools, or other like property used primarily for recreational purposes, provided that nothing in this Code section shall have the effect of authorizing alienation where such would be in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or where such alienation would cause divesting of title to a park,

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playground, golf course, swimming pool, or other like property that had been dedicated to public use and not subsequently abandoned. (c) All such municipalities shall have authority to lease out and grant easements over property used primarily for recreational purposes to others consistent with general park and recreational purposes for a period not exceeding 50 years and for a valuable consideration. Any such recreational property which was formerly used for annual regional fair purposes but is no longer so used may be leased by any such municipality to one or more private entities for terms of not more than 50 years each for development and use as motion picture and television production, processing, and related facilities together with all such support and service facilities as are necessary or convenient to such use. Section 41. Said title is further amended by adding a new Code section preceding Code Section 36-37-7, to be designated Code Section 36-37-6.2, to read as follows: 36-37-6.2 (a) As used in this Code section, the term `governing body' means the mayor and city council, the commissioner and commissioners, or either or both as the case may be, or the `governing body' by whatever name called of any city coming under this Code section. (b) Any city in this state having a population of 200,000 or more according to the United States decennial census of 1920 or any future such census may, through its governing body, purchase on time or partly for cash, with the balance on time or deferred payments, or otherwise acquire any real property or interest in real property within or without the limits of such city, securing the note or claim for deferred payments and interest thereon with mortgages or deed of trust on the land purchased or with or by means of an instrument in writing retaining title thereto in the vendor, or enter into any other contractual arrangement whereby provision is made that such note, claim, or other instruments for deferred payment and interest thereon, and all lawful charges, shall not be a charge or charges against the general credit of the city, or be a general liability thereof, but that the liability shall only extend to and be a charge against the land so purchased or acquired. Such method of acquisition provided for in this Code section shall not be considered or deemed exclusive but shall be cumulative and in addition to all other methods of acquisition of lands or interests therein for public purposes provided heretofore, hereafter, or by other provisions of this Code section.

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Section 42. Said title is further amended by adding a new Code section following Code Section 36-60-9, to be designated Code Section 36-60-10, to read as follows: 36-60-10. (a) Representatives of the governing authority of any county in this state which contains the smaller portion of the population of a city with a total population of 400,000 or more according to the United States decennial census of 1970 or any future such census shall meet annually, prior to January 1, with representatives of the governing authority of such city to develop an agreement between the governing authorities on the following matters: (1) The services to be provided during the following calendar year by the county and by the city to the portion of the city that lies within the county; and (2) The method of dispatching services during the following calendar year to the portion of the city that lies within the county. Agreement on this matter shall provide a uniform procedure for dispatching services and shall include an agreement as to all street addresses in such portion of the city. (b) Any agreements developed pursuant to subsection (a) of this Code section shall be in writing. (c) The first annual meeting required by this Code section shall be held prior to January 1, 1977. Section 43. Said title is further amended by adding two new subsections at the end of Code Section 36-82-1, to be designated subsections (d) and (e), to read as follows: (d) In all counties of this state having a population of not less than 400,000 and not more than 525,000 according to the United States decennial census of 1960 or any future such census, every legal advertisement of a bond election shall contain a reference that any brochures, listings, or other advertisements issued by the governing body of such counties or by any other person, firm, corporation, or association with the knowledge and consent of the governing body of such counties shall be deemed to be a statement of intention of the governing body of such counties concerning the use of the bond funds; and such statement of intention shall be binding on the governing body of such counties in the expenditure of any such bond funds or

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interest received from such bond funds which have been invested, unless the governing body of such counties uses such bond funds for the retirement of bonded indebtedness, in the manner hereinafter provided; and such statement of intention shall be set forth in the resolution pursuant to which such bonds are issued. Bond funds and interest received from such bond funds which have been invested shall be expended in the manner in which advertised and for the purpose stated in such statement of intention. The governing body of such counties may, by a two-thirds vote, declare any project which has been established pursuant to any such statement of intention to be unnecessary. In that event, the governing body of such counties shall use such bond funds for the payment of all or any part of the principal and interest on any bonded indebtedness of such county then outstanding. Surpluses from the overestimated projects, including interest received on bond funds of such projects, shall be used first to complete underestimated projects and all remaining funds received from interest and overestimated projects shall be used for other projects or improvements which the governing body of such counties may deem necessary and which are encompassed within the language of the statement of purpose in the election notice. Any meetings of any governing bodies at which any bond fund allocation is made shall be open to the public. Such meetings shall be announced to the news media in advance and shall be open to the news media. (e) Any person who violates this Code section shall be guilty of a misdemeanor, provided, however, nothing contained in this Code section shall be construed so that a violation thereof shall affect the validity of any bonds issued under this Code section. Section 44. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-13-21 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The probate court shall have jurisdiction to issue warrants, try cases, and impose sentence thereon in all misdemeanor cases arising under the traffic laws of the state in all counties of this state in which there is no city, county, or state court, provided the defendant waives a jury trial. The clerk of the superior court in counties with a population of not less than 9,380 nor more than 9,450 according to the United States decennial census of 1970 or any future such census shall attend the probate court in all cases held for the violation of the traffic laws of this state. The clerk shall record all pleas and

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judgments and shall receive the same fees as provided for in the superior court. Said fees shall be paid out of the cost assessed by the judge of the probate court in such cases. Like jurisdiction is conferred upon the police courts in incorporated cities, and the judges thereof, for such offenses arising within the territorial limits of their respective jurisdictions, as now or hereafter fixed by law. Section 45. Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended by adding Code Sections 41-2-7 through 41-2-17 at the end of Chapter 2, to read as follows: 41-2-7. (a) It is found and declared that in municipalities of this state having a population exceeding 400,000 there is the existence or occupancy of dwellings or other buildings or structures which are unfit for human habitation, commercial, industrial, or business occupancy or use and are inimical to the welfare and are dangerous and injurious to the health, safety, and morals of the people of this state; and that a public necessity exists for the repair, closing, or demolition of such dwellings, buildings, or structures. Whenever the governing authority of any municipality of this state with a population exceeding 400,000 finds that there exists in such municipality dwellings, buildings, or structures which are unfit for human habitation, commercial, industrial, or business uses due to dilapidation and defects increasing the hazards of fire, accidents, or other calamities; lack of adequate ventilation, light, or sanitary facilities; or due to other conditions rendering such dwellings, buildings, or structures unsafe or unsanitary, or dangerous or detrimental to the health, safety, or morals, or otherwise inimical to the welfare of the residents of such municipality, power is conferred upon such municipality to exercise its police power to repair, close, or demolish the aforesaid dwellings, buildings, or structures in the manner herein provided. (b) All the provisions of Code Sections 41-2-7 through 41-2-17 including method and procedure may also be applied to private property where an accumulation of weeds, trash, junk, filth, etc., shall create a public health hazard or a general nuisance to those persons residing in the vicinity. A finding by any governmental health department that such property is a health hazard shall constitute prima facie evidence that said property is in violation of Code Sections 41-2-7 through 41-2-17. 41-2-8. As used in Code Sections 41-2-7 through 41-2-17, the term:

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(1) `Dwellings, buildings, or structures' means any building or structure or part thereof used and occupied for human habitation, commercial, industrial, or business uses, or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. (2) `Governing body' means the council, board of commissioners, board of aldermen, or other legislative body charged with governing a municipality. (3) `Municipality' means any incorporated city with a population exceeding 400,000 according to the United States decennial census of 1970 or any future such census. (4) `Owner' means the holder of the title in fee simple and every mortgagee of record. (5) `Parties in interest' means persons in possession of said property and all individuals, associations, and corporations who have interest of record in the county where the property is located in a dwelling, building, or structure, including executors, administrators, guardians, and trustees. (6) `Public authority' means any housing authority or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the municipality. (7) `Public officer' means the officer or officers who are authorized by Code Sections 41-2-7 through 41-2-17 and by ordinances adopted hereunder to exercise the powers prescribed by such ordinances or any agent of such officer or officers. 41-2-9. Upon the adoption of an ordinance finding that dwelling, building, or structure conditions of the character described in Code Section 41-2-7 exist within a municipality, the governing body of such municipality is authorized to adopt ordinances relating to the dwellings, buildings, or structures within such municipality which are unfit for human habitation, commercial, industrial, or business uses. Such ordinances shall include the following provisions:

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(1) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances; (2) That whenever a request is filed with the public officer by a public authority or by at least five residents of the municipality charging that any dwelling, building, or structure is unfit for human habitation or for commercial, industrial, or business use or whenever it appears to the public officer (on his own motion) that any dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and any parties in interest in such dwelling, building, or structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer (or his designated agent) at a place within the county in which the property is located therein, fixed not less than ten days nor more than 30 days after the serving of said complaint; that the owner and any parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer; (3) That if, after such notice and hearing, the public officer determines that the dwelling, building, or structure under consideration is unfit for human habitation or is unfit for its current commercial, industrial, or business use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order: (A) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the value of the dwelling, building, or structure, requiring the owner or parties in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to render it fit for human habitation or for current commercial, industrial, or business use or to vacate and close the dwelling, building, or structure as a human habitation; or (B) If the repair, alteration, or improvement of the said dwelling, building, or structure cannot be made at a reasonable

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cost in relation to the value of the dwelling, building, or structure, requiring the owner or parties in interest, within the time specified in the order, to remove or demolish such dwelling, building, or structure. In no event shall the governing authority of any such municipality require removal or demolition of any dwelling, building, or structure except upon a finding that the cost of repair, alteration, or improvement thereof exceeds one-half the value such dwelling, building, or structure will have when repaired to satisfy the minimum requirements of this law. (4) That, if the owner or parties in interest fail to comply with an order to vacate and close or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished; and that the public officer may cause to be posted on the main entrance of any building, dwelling, or structure so closed a placard with the following words: `This building is unfit for human habitation or commercial, industrial, or business use; the use of occupation of this building for human habitation or for commercial, industrial, or business use is prohibited and unlawful.' (5) That, if the owner fails to comply with any order to remove or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be removed or demolished; provided, however, that the duties of the public officer, set forth in paragraph (4) and this paragraph, shall not be exercised until the governing body shall have by ordinance ordered the public officer to proceed to effectuate the purpose of Code Sections 41-2-7 through 41-2-17 with respect to the particular property or properties which the public officer shall have found to be unfit for human habitation or unfit for its current commercial, industrial, or business use, which property or properties shall be described in the ordinance; (6) That the amount of the cost of such vacating and closing or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred. Said lien shall attach to the real property upon the payment of all costs of demolition by the municipality and the filing of an itemized

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statement of the total sum of said costs by the public officer in the office of the clerk of the governing body of the municipality on a lien docket maintained by said clerk for such purposes. If the dwelling, building, or structure is removed or demolished by the public officer he shall sell the materials of such dwellings, buildings, or structures and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court. Nothing in this Code section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise; (7) Municipal corporations may enforce the collection of any amount due on such lien for removal or demolition of dwellings, buildings, or structures only in the following manner: (A) The owner or parties at interest shall be allowed to satisfy the amount due on such lien by paying to the municipal corporation, within 30 days after the perfection of said lien, a sum of money equal to 25 percent of the total amount due and by further paying to said municipal corporation the remaining balance due on such lien, together with interest at the rate of 7 percent per annum, in three equal annual payments, each of which shall become due and payable on the anniversary date of the initial payment made as hereinabove prescribed; (B) Should the property upon which such lien is perfected be sold, transferred, or conveyed by the owner or parties at interest at any time prior to the termination of the said three-year period, then the entire balance due on such lien shall be due and payable to the municipal corporation; and (C) Should the amount due on such lien, or any portion thereof, be unpaid after the passage of said three-year period, or upon the occurrence of the contingency provided for in subparagraph (B) above, the municipal corporation may enforce the collection of any amount due on such lien for

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alteration, repair, removal, or demolition of dwellings, buildings, or structures in the same manner as provided in Code Section 48-5-358 and other applicable state statutes. This procedure shall be subject to the right of redemption by any person having any right, title, or interest in or lien upon said property, all as provided by Article 3 of Chapter 4 of Title 48. 41-2-10. An ordinance adopted by a municipality under Code Sections 41-2-7 through 41-2-17 shall provide that the public officer may determine, under existing ordinances, that a dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, or structure which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, or structure; of the occupants of neighborhood dwellings, buildings, or structures; or of other residents of such municipality; such conditions may include the following (without limiting the generality of the foregoing): (1) Defects therein increasing the hazards of fire, accidents, or other calamities; (2) Lack of adequate ventilation, light, or sanitary facilities; (3) Dilapidation; (4) Disrepair; (5) Structural defects; and (6) Uncleanliness. Such ordinance may provide additional standards to guide the public officer, or his agents, in determining the fitness of a dwelling, building, or structure for human habitation or for its current commercial, industrial, or business use. 41-2-11. An ordinance adopted by the governing body of the municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of Code Sections 41-2-7 through 41-2-17, including the following powers in addition to others herein granted:

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(1) To investigate the dwelling conditions in the municipality in order to determine which dwellings, buildings, or structures therein are unfit for human habitation or are unfit for current commercial, industrial, or business use; (2) To administer oaths and affirmations, to examine witnesses, and to receive evidence; (3) To enter upon premises for the purpose of making examinations; provided, however, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession; (4) To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of the ordinances; and (5) To delegate any of his functions and powers under the ordinance to such officers and agents as he may designate. 41-2-12. (a) Complaints or orders issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-17 shall, in all cases, be served upon persons in possession of said property, owners, and parties in interest; and the return of service signed by the public officer or his agent or an affidavit of service executed by any citizen of this state, reciting that a copy of such complaint or orders was served upon persons in possession of said property, owners, and parties in interest personally or by leaving such copy at the place of his residence, shall be sufficient evidence as to the service of such person in possession, owners, and parties in interest. (b) If any of the owners and parties in interest shall reside out of the municipality, service shall be perfected by causing a copy of such complaint or orders to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties or such service may be made by any citizen; and the return of such sheriff or lawful deputy or the affidavit of such citizen, that such party or parties were served either personally or by leaving a copy of the complaint or orders at the residence, shall be conclusive as to such service.

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(c) Nonresidents of this state shall be served by publishing the same once each week for two successive weeks in a newspaper printed and published in the municipality or, in the absence of such newspaper, in one printed and published in the county and circulated in the municipality in which the dwellings, buildings, or structures are located. A copy of such complaint or orders shall be posted in a conspicuous place on premises affected by the complaint or orders. A copy of such complaint or orders shall also be filed in the proper office or offices for the filing of lis pendens notices in the county in which the dwelling, building, or structure is located and such filing of the complaint or orders shall have the same force and effect as other lis pendens notices provided by law. Where the address of such nonresidents is known, a copy of such complaint or orders shall be mailed to them by registered or certified mail. (d) In the event either the owner or any party in interest is a minor or an insane person or person laboring under disabilities, the guardian or other personal representative of such persons shall be served and if such guardian or personal representative resides outside the municipality or is a nonresident, he shall be served as hereinbefore provided in such cases. If such minor or insane person or person laboring under disabilities has no guardian or personal representative or in the event such minor or insane person lives outside of the municipality or is a nonresident, service shall be perfected by serving such minor or insane person personally or by leaving a copy at the place of his residence which shall be sufficient evidence as to the service of such person or persons; in the case of other persons who live outside of the municipality or are nonresidents, service shall be perfected by serving the judge of the probate court of the county wherein such property is located who shall stand in the place of and protect the rights of such minor or insane person or appoint a guardian ad litem for such persons. (e) In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence and the public officer shall make an affidavit to that effect, then the service of such complaint or order upon such persons shall be made in the same manner as provided in subsection (c) above or service may be perfected upon any person, firm, or corporation holding itself out as an agent for the property involved.

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41-2-13. Any person affected by an order issued by the public officer may petition to the superior court for an injunction restraining the public officer from carrying out the provisions of the order and the court may, upon such petition, issue a temporary injunction restraining the public officer pending the final disposition of the cause; provided, however, that within 15 days after the posting and service of the order of the public officer, such person shall present such petition to the court. De novo hearings shall be had by the court on petitions within 20 days. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require; provided, however, that it shall not be necessary to file bond in any amount before obtaining a temporary injunction under this action. 41-2-14. Nothing in Code Sections 41-2-7 through 41-2-17 shall be construed as preventing the owner or owners of any property from receiving just compensation for the taking of such property by the power of eminent domain under the laws of this state nor as permitting any property to be condemned or destroyed except in accordance with the police power of this state. 41-2-15. Any municipality is authorized to make such appropriations from its revenues as it may deem necessary and may accept and apply grants or donations to assist it in carrying out the provisions of ordinances adopted in connection with the exercise of the powers granted hereunder. 41-2-16. Nothing in Code Sections 41-2-7 through 41-2-17 shall be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations nor to prevent or punish violations thereof; and the powers conferred by this article shall be in addition to and supplemental to the powers conferred by any other law. 41-2-17. Ordinances relating to the subject matter of Code Sections 41-2-7 through 41-2-17 adopted prior to April 1, 1966, shall have the same force and effect on and after said date as ordinances adopted subsequent to and by authority of these Code sections. Section 46. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by striking Code Section 44-1-13 and inserting in lieu thereof a new Code Section 44-1-13 to read as follows:

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44-1-13. Any person entitled to the possession of any parcel or space of real property shall have the right to remove or cause to be removed from the property any vehicle which is parked thereon and which is not authorized to be parked at the place where it is found and to store or cause to be stored such vehicle at the expense of its owner, provided that there shall have been conspicuously posted on the real property notice that any vehicle parked thereon which is not authorized to be parked at the place where it is found may be removed at the expense of the owner of the vehicle along with information as to where the vehicle can be recovered. The person removing and storing the vehicle shall have a lien against it for the expenses of the removal and storage. The lien may be asserted and enforced and shall be entitled to the same priorities as those of special liens on personalty authorized by Code Section 44-14-363. Provided, however, that in all municipalities having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census and whenever such parcel or space of real property is devoted to any use other than as an off-street interior parking facility which contains assigned parking spaces reserved for occupants of a building or structure served by such facility or occupied residential property, such removal right shall not be exercised after the regular activity on such property is concluded for the day unless access to such property from public ways is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above grade across all driveways or other ways providing access thereto. Section 47. Said Title is further amended by striking Code Section 44-8-10 and inserting in lieu thereof a new Code Section 44-8-10 to read as follows: 44-8-10. The right to construct a bridge or to establish a ferry for private use across a watercourse within or adjoining one's lands is appurtenant to the ownership of the land; but the right to establish and operate a public bridge or ferry is a franchise to be granted by the state. Where the grant of such a franchise interferes with an owner's right of exclusive possession, just compensation must first be paid to the landowner. No such franchise granted by this state shall be held to be exclusive unless it is plainly and expressly declared to be exclusive in the grant; except, however, that any municipality of this state having a population of more than 200,000 according to the United States decennial census of 1930 or any future such census is authorized to grant an exclusive franchise pertaining to streets or sidewalks for a period of three years, but not subject to renewal, to

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any person, firm, or corporation under this authority to grant such a franchise whether or not it is plainly or expressly stated in the charter of the municipality. Section 48. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking paragraph (5) of Code Section 46-5-63 and inserting in lieu thereof a new paragraph (5) to read as follows: (5) To construct, purchase, lease as lessee, or otherwise acquire; to improve, expand, install, equip, maintain, and operate; and to sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber telephone lines, facilities, systems, lands, buildings, structures, plants, equipment, exchanges, and any other real or personal property, whether tangible or intangible, which shall be deemed necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is organized, provided that no cooperative shall construct, purchase, lease as lessee, take, receive, or otherwise acquire, improve, expand, install, equip, maintain, or operate any telephone lines, facilities, systems, lands, buildings, structures, plants, equipment, exchanges, or any other real or personal property, whether tangible or intangible, within (1) the boundaries of any incorporated or unincorporated city, town, village, or borough within this state having a population in excess of 1,500 inhabitants according to the last preceding federal census, except that in cities having a population of not less than 14,310 and not more than 15,140 according to the United States decennial census of 1970 or any future such census a commercial office building and warehouse may be constructed, improved, expanded, maintained, operated, leased, and owned, and (2) any suburban or populated area contiguous to the boundaries of any such city, town, village, or borough having a common economic, social, or administrative interest within any such city, town, village, or borough; Section 49. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section following Code Section 48-5-128, to be designated Code Section 48-5-128.1, to read as follows: 48-5-128.1. (a) In all counties of this state having a population of 550,000 or more according to the United States decennial census of 1950 or any future such census and in which there exists the office of tax commissioner, the tax commissioner shall be required to

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appoint from among the assistants or deputies in his office a chief deputy. Upon making the appointment, the tax commissioner shall notify the county governing authority, which shall record a copy of the appointment upon its minutes. The tax commissioner shall appoint the chief deputy at his will and pleasure, such appointment in no event to extend beyond the term of office of the person making the appointment. (b) If the person appointed as chief deputy resigns, if the appointment is revoked, or if for any other reason the appointment is vacant, the tax commissioner shall appoint a new chief deputy and shall notify the county governing authority of the new appointment. The county governing authority shall record a copy of the new appointment upon its minutes. (c) If a vacancy occurs in the office of tax commissioner in any county specified in subsection (a) of this Code section, the person appointed as chief deputy by the tax commissioner and certified to the county governing authority, upon qualifying for the office of tax commissioner in the manner provided by law, shall succeed to the office of tax commissioner and fill the unexpired term of the tax commissioner of the county. Section 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Code Section 50-8-33 and inserting in lieu thereof a new Code Section 50-8-33 to read as follows: 50-8-33. (a) Each area planning and development commission, by its bylaws, shall provide for the selection of commission representatives, but such bylaws shall be subject to the following requirements governing the membership of the commission: (1) At least two-thirds of the membership shall be members of the governing bodies of counties and municipalities which have joined the area planning and development commission, and such members of the commission shall be appointed by the governing bodies of the respective counties and municipalities. The bylaws may require that 100 percent of the commission shall be members of the governing bodies of such counties and municipalities; (2) Each county which has joined the commission shall have at least one representative of its governing body on the commission,

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and at least one municipality within each such county shall have at least one representative of its governing body on the commission; and (3) All members of the commission shall be appointed by the governing bodies of the counties and municipalities which have joined the area planning and development commission. (b) Subsection (a) of this Code section shall not affect any metropolitan area planning and development commission established as provided in Article 4 of this chapter. Section 51. Said Title is further amended by adding a new article at the end of Chapter 8 of Title 50, to be designated Article 4, to read as follows: Article 4 50-8-80. As used in this article, the term: (1) `Area' means a standard metropolitan statistical area located wholly within this state as defined by the United States Executive Office of the President, Standard Metropolitan Statistical Area 1967, Part I Criteria, Office of Management and Budget, subject to any changes made by the Board of Community Affairs pursuant to Code Section 50-8-30. No area, county, or municipality may be designated as an `area' and added to this commission and come under the effective operation of this article without the affirmative vote of such area, county, or municipality or its governing body. (2) `Area plan' means a written proposal that involves governmental action, expenditure of public funds, use of public property, or the exercise of franchise rights granted by any public body and which affects the citizens of more than one political subdivision of an area and which may have a substantial effect on the development of an area. Area plans may involve, but shall not be limited to, such matters as land use (not including zoning), water and sewerage systems, storm drainage systems, parks and open spaces, airports, highways and transit facilities, hospitals, public buildings, and other community facilities and services.

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(3) `Commission' means a metropolitan area planning and development commission created in accordance with Code Section 50-8-82. (4) `Development guides' means the comprehensive development guides adopted by a commission in accordance with Code Section 50-8-92. (5) `District' means a district created pursuant to paragraph (5) of subsection (a) of Code Section 50-8-84. (6) `Governing body' means the board of commissioners of a county or the mayor and city council of a municipality or other legislative body which governs a county or municipality. (7) `Members at large' means those members of a commission elected pursuant to paragraph (5) of subsection (a) of Code Section 50-8-84. (8) `Municipality' means an incorporated municipality of this state lying wholly or partially within the area. (9) `Political subdivision' means a county or municipality of this state lying wholly or partially within the area. (10) `Public members' means those members of a commission holding office pursuant to paragraphs (1) through (4) of subsection (a) of Code Section 50-8-84. (11) `Redistricting' means a redistricting of an area after publication of a United States decennial census in accordance with paragraph (5) of subsection (a) of Code Section 50-8-84. 50-8-81. It is in the public interest to create an agency composed of officials of political subdivisions and private citizens to coordinate planning and development within each area of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census; to designate the agency as the area planning and development commission under Article 2 of this chapter to make the agency the official metropolitan agency for comprehensive research, study, advice, and review concerning area plans; to improve relationships between political subdivisions and public agencies within areas; and to provide policy

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direction for the solution of common problems through short and long-range comprehensive planning within areas. 50-8-82. There is created a metropolitan area planning and development commission in each area of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census. The chairman of the county commission of the most populous county in an area so having a population of more than 1,000,000 shall, within ten days after July 1, 1971, or within 30 days after the publication of the first United States decennial census which reports that an area has a population of more than 1,000,000, as the case may be, activate the commission to serve that area by convening a meeting of the members provided for by paragraphs (1) through (4) of subsection (a) of Code Section 50-8-84. 50-8-83. A commission shall be, for its area, an area planning and development commission as defined in and with all the powers, duties, and obligations of an area planning and development commission set forth in Article 2 of this chapter and any other law of general application pertaining to area planning and development commissions on July 1, 1971; and in addition shall have all of the other powers, duties, and obligations set forth in this article. 50-8-84. (a) The members of a commission for an area shall consist of: (1) The chairman of the board of commissioners of each county within the area; (2) The mayor of the most populous municipality within the area; (3) From each county within the area, the mayor of a municipality within such county, to be designated by majority vote of the mayors (except the mayor of the most populous municipality within the area) of all municipalities lying within such county; (4) A member of the legislative body of the most populous municipality lying within the area chosen by majority vote of the members of that legislative body; and

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(5) That number of persons, not holding elective or appointed public office or employed by any of the political subdivisions of the area, which shall be one less than the total number of public members designated by paragraphs (1) through (4) of this subsection, who shall be elected as follows: (A) Within ten days after a commission has been activated pursuant to Code Section 50-8-82 and within 90 days after the publication of a subsequent United States decennial census, the members of the General Assembly whose representative or senatorial districts lie wholly or partially within an area shall meet upon call by the Speaker of the House of Representatives and the President of the Senate and shall divide the area into the same number of districts as the number of members at large to be elected pursuant to this paragraph. Each district shall contain approximately the same population; shall consist of combinations of contiguous census tracts from the latest available United States decenial census; but may cross the boundary lines of political subdivisions; and (B) Within ten days after the area has been so divided into districts, the public members of a commission shall meet upon call of the chairman of the county commission of the most populous county within its area and elect one resident of each district as a member of the commission. (b) Any other provision of this article to the contrary notwithstanding, the General Assembly shall be authorized by local Act to remove any county within an area from the provisions of this article upon the recommendation of a majority of the full membership of the board of commissioners of any such county. (c) Within 90 days after any area, county, or municipality is added to or removed from the jurisdiction of an existing commission under the provisions of paragraph (1) of Code Section 50-8-80 or subsection (b) of this Code section, the resulting area shall be redistricted and members at large shall be elected in accordance with paragraph (5) of subsection (a) of this Code section relative to redistricting after a United States decennial census. 50-8-85. (a) The public members of a commission shall have terms of office concurrent with their respective terms of public office.

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Members at large of a commission shall serve for a term of four years, except that one-half (or if an odd number of members at large are elected to a commission, a majority of such members at large) shall serve an initial term (either upon activation of a commission or after a redistricting of a commission) of two years as designated by the public members at the time of election; provided, however, that the terms of all members at large shall terminate at the end of any calendar year during which redistricting of the area has occurred. (b) The full terms of the members at large shall commence on January 1 of the year following the year in which they are elected except that the first members at large of a newly created commission shall have added to their term the period of time commencing with their election until the first January thereafter. (c) Any member at large who moves his residence outside a district shall be removed from office by the commission. A commission may remove from office any member at large who has failed to attend the last three or more consecutive regular meetings of the commission. A member at large may be elected to two or more successive terms on a commission. If a member of the commission dies, resigns, is removed from office, or for any other reason ceases to be a member of the commission, his unexpired term shall be filled by the same persons and in the same manner as such member was originally elected to the commission pursuant to Code Section 50-8-84. (d) Upon the expiration of the term of office of a mayor of a municipality who has been designated by a majority vote of the mayors of all municipalities lying within a county in an area, the chairman of the board of commissioners of such county shall call a meeting of the mayors of all municipalities lying within such county, and such mayors shall designate a mayor from their number as a successor member of the commission, provided that nothing herein shall prevent an incumbent mayor who has been elected to another term of public office from being redesignated as a member of the commission. 50-8-86. A quorum for taking action at a meeting of a commission may be set in such manner as the bylaws of the commission shall provide, but it shall not consist of less than one-half of the total number of authorized members of the commission. The vote of any member of the commission shall be equal to the vote of any other

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member in considering or acting upon any question, proposal, or other matter before the commission. 50-8-87. (a) The chairman of a commission shall be elected by the commission from among its members for a two-year term, but no person shall serve as chairman if, after his election to office, he ceases to be a member of the commission. A chairman may succeed himself. (b) The chairman of a commission shall preside at all meetings of the commission. The chairman shall appoint all officers and committees of the commission, subject to the approval of the commission, and be responsible for carrying out all policy decisions of the commission. The chairman's salary and expense allowances shall be fixed by the commission. (c) A chairman may be removed from office by the commission. 50-8-88. A commission shall elect such officers as it deems necessary for the conduct of its affairs, including a secretary and treasurer, who need not be members of the commission, and shall be compensated as determined by the commission. Each member of a commission, other than the chairman, may be paid a per diem compensation not to exceed $44.00 for each meeting which he attends and additional compensation for such other services as are specifically authorized by the commission, and may be reimbursed for his actual expenses. No commission member, other than the chairman, shall receive compensation in excess of $2,400.00 per year. 50-8-89. A commission shall appoint an executive director to serve at the pleasure of the commission as the principal operating administrator for the commission. An executive director shall be chosen from among the citizens of the nation at large and shall be selected on the basis of his training and experience. 50-8-90. A commission may prescribe the compensation, benefits, and all terms and conditions of employment of its officers, employees, and agents. A commission may contract with private individuals or firms for professional services deemed necessary to carry out its responsibilities under this article. Officers and employees of a commission shall be public employees. Comparability with existing wage classifications, pay plans, and other benefits of political subdivisions in its area shall be considered by a commission when carrying out this Code section.

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50-8-91. A commission may establish and appoint persons to advisory committees to assist the commission in the performance of its duties. Members of advisory committees shall serve without compensation but may be reimbursed for their reasonable expenses as determined by the commission. 50-8-92. A commission shall prepare and adopt and from time to time amend, change, or repeal, after appropriate study and such public hearings as may be deemed necessary, comprehensive development guides for its area. The development guides shall consist of policy statements, goals, standards, programs, and maps prescribing an orderly and economic development, public and private, of the area. The development guides shall be based upon and encompass physical, economic, and health needs of the area and shall take into consideration future development which may have an impact on the area including, but not limited to, such matters as land use not including zoning, water and sewerage systems, storm drainage systems, parks and open spaces, land needs and the location of airports, highways, transit facilities, hospitals, public buildings, and other community facilities and services. 50-8-93. (a) It is in the public interest and it is provided by this article that: (1) A commission review each area plan prepared for use in an area by a political subdivision or by a public authority, commission, board, utility, or agency; (2) Each commission be designated as the official planning agency for all state and federal programs to be carried out in the area; and (3) A commission carry out such other planning functions for an area as may be assigned or delegated to the commission by other agencies or boards, public or private, and accepted by the commission. (b) As set forth in Code Section 50-8-83, a commission shall be the planning and development commission for an area in accordance with Article 2 of this chapter. (c) All powers, duties, obligations, and property vested in or imposed upon any metropolitan planning commission in an area are

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transferred to, imposed upon, and vested in the commission created by this article as the successor of such commission. (d) A commission shall be designated for its area as the planning agency under 40 U.S.C.A. 461 and 40 U.S.C.A. 461(g), as amended, P.L. 89-117 (1965), and P.L. 90-448 (1968); 42 U.S.C.A. 3725, P.L. 90-351 (1968); 42 U.S.C.A. 246(b), P.L. 89-749, as amended, P.L. 90-174 (1967), and for comprehensive transportation studies required by 23 U.S.C.A. 101, 134, P.L. 87-866 (1962); and 49 U.S.C.A. 1601 et. seq. P.L. 88-365 (1964), as amended, and supplemented by administrative requirements of the United States Department of Transportation, and any similar law enacted before July 1, 1971. A commission is further granted all of the powers, duties, and authorities necessary to carry out its responsibilities and duties under such laws. (e) A commission shall have power and authority to undertake such other planning functions within its area as may be assigned or delegated to the commission by other agencies or boards, public or private, and for which the commission accepts responsibility. 50-8-94. (a) Each municipality within an area and each county within an area shall submit to the commission for comment and recommendation thereon every area plan prepared by such municipality or county. The commission shall maintain all area plans in its files available for inspection by members of the public. No action shall be taken by any municipality or county to put an area plan into effect until 60 days have elapsed after its submission to the commission. Within ten days after submission, the commission shall notify each municipality or county which may be affected by the area plan submitted of the general nature of the plan, the date of submission, and the identity of the submitting municipality or county. Political subdivisions contiguous to the submitting municipality or county shall be notified in all cases by the commission. Within 30 days after receipt of such notice, a municipality or county may present its views to the commission. (b) If, from its own investigation, from the views presented by a municipality or county affected by the area plans submitted, or otherwise, the commission finds that there are any inconsistencies between the area plan and the area's development guides, the commission may recommend modification of the area plan in such manner as to be consistent with the area's guides.

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(c) A submitting municipality or county may request reconsideration of any recommendation by a commission at a public hearing. Such public hearing shall be held by the commission within 30 days after receipt of such request. Notice stating the time and place of each public hearing shall be mailed by the secretary of the commission, at least five days prior to the hearing, to the submitting municipality or county, all affected municipalities and counties, appropriate state regulatory boards and agencies, and members of the commission. (d) Within 30 days after a public hearing, the commission shall make its recommendations known to the submitting municipality or county, the affected municipalities and counties, and appropriate state regulatory boards and agencies. (e) Nothing in this Code section shall limit or compromise the right of a municipality or county to establish and administer its own zoning laws and regulations. 50-8-95. (a) A commission shall review every area plan prepared for use within the area by a public authority, public commission, public board, public utility, or public agency. Each such area plan shall be submitted to the commission by the public authority, public commission, public board, public utility, or public agency preparing the plan before any action is taken to put the plan into effect. (b) No action shall be taken to put any area plan into effect until 60 days have elapsed after its submission to the commission or until the commission finds and notifies the submitting public authority, public commission, public board, public utility, or public agency that the area plan is not inconsistent with its development guides, whichever first occurs. If, within 60 days after the date of submission, the commission finds that an area plan is inconsistent with its development guides, the commission may recommend modification of the area plan or such part thereof in such a manner as to be consistent with its development guides. (c) A submitting public authority, public commission, public board, public utility, or public agency may request reconsideration of any recommendation of the commission at a public hearing. Such public hearing shall be held by the commission within 30 days of such request. Notice stating the time and place of a public hearing shall be mailed, at least five days prior to the hearing, to the submitting public

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authority, public commission, public board, public utility, or public agency; all affected municipalities and counties within the area; appropriate state regulatory boards and agencies; and members of the commission. (d) Within 30 days of such public hearing, the commission shall make its recommendations known to the submitting authority, commission, board, utility, or agency, all affected municipalities and counties in the area, and appropriate state regulatory boards and agencies. 50-8-96. A commission shall review all applications of municipalities, counties, authorities, commissions, boards, or agencies within the area for a loan or grant from the United States, the State of Georgia, or any agency thereof if review by a region-wide agency or body is required by federal or state law, rule, or regulation. In each case requiring review, the municipality, county, authority, commission, board, or agency shall, prior to submitting its application to the United States or State of Georgia or agency thereof, transmit the same to the commission for its review. The comments of the commission shall then become a part of the application, to be appended thereto when finally submitted for the consideration of the United States, the State of Georgia, or any agency thereof. 50-8-97. A commission shall engage in a continuous program of research, study, and planning of matters affecting its area including but not limited to: (1) Land use; (2) Transportation within the area, including highways, railroads, airports, streets, and mass transit; (3) The acquisition and financing of facilities for the disposal of solid waste material for the area and the means of financing such facilities; (4) The acquisition and financing of storm water drainage facilities for the area and the means of financing such facilities; (5) The acquisition and financing of suitable major parks and open spaces within and adjacent to the area;

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(6) The control and prevention of air and water pollution; (7) Environmental quality; (8) Law enforcement agencies and increased efficiency of the criminal justice systems in the area; (9) Planning for the provision of health facilities and services; and (10) The feasibility of the consolidation of common services of political subdivisions. 50-8-98. (a) A commission shall have and exercise all power and authority which may be necessary or convenient to enable it to perform and carry out the duties and responsibilities imposed on it by this article. (b) A commission shall have the authority to determine whether or not a plan is an area plan as defined by paragraph (2) of Code Section 50-8-80. Any member of the commission, governing body of a political subdivision or public authority, commission, board, utility, or agency whose plans may be area plans may request in writing that the commission determine whether a plan is an area plan as defined in paragraph (2) of Code Section 50-8-80. A commission shall make such determination within 15 days after such request and shall afford the requesting party the right to be heard prior thereto. The determination shall be in writing and shall state the basis therefor. (c) A commission shall also be authorized to adopt bylaws and rules and regulations concerning all aspects of its functions and operations. Such bylaws, rules, and regulations shall be determinative and control all matters unless expressly contradicted or forbidden by other provisions of law. 50-8-99. In carrying out the purposes of this article, a commission shall be authorized to contract with, apply for, and accept gifts, loans, and grants from federal, state, or local governments, public agencies, semi-public agencies, or private agencies, to expend such funds, and to carry out cooperative undertakings or contracts with any such government or agency.

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50-8-100. On or before February 1 of each year, a commission shall report to the General Assembly of this state and to each political subdivision and supporting agency within its area. The report shall include: (1) A statement of the commission's receipts and expenditures by category for the preceding calendar year; (2) A budget for the calendar year during which the report is filed including an outline of its program for such year; (3) An explanation of any development guides adopted for the area during the preceding calendar year; (4) A listing of all applications for federal moneys made by political subdivisions within the area submitted to the commission for review during the preceding calendar year; (5) A listing of area plans of political subdivisions submitted to the commission during the previous calendar year; and (6) Recommendations of the commission for legislation affecting the area, including legislation affecting the organization and functions of the commission. 50-8-101. (a) A commission shall keep books of account which shall be independently audited at least once in each full calendar year during which a commission functions. The auditor's report shall be presented to the governing body of each political subdivision within the area and to the General Assembly. (b) Each year a commission shall make a separate estimate of the number of people who on the first day of April of such year resided within each county within the area and within the most populous municipality lying wholly or partially within the area specified on a county basis if the municipality lies in more than one county. Based on such population estimates, the governing body of each county in the area and of the said most populous municipality lying wholly or partially within the area shall, during the calendar year next following the year in which the population estimates were made, provide the commission with operating funds in the amount of $5,000.00 or in the amount provided for each such political subdivision in the following schedule, whichever amount is greater:

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(1) Counties which have no portion of the most populous municipality within their boundary shall provide 30 for each person residing in the county plus $2,000.00; (2) Counties which have some portion of the most populous municipality within their boundary shall provide 30 for each person residing in the county outside the most populous municipality plus 12 for each person residing in the county inside the most populous municipality plus $2,000.00; and (3) The most populous municipality shall provide 18 for each person residing in the municipality plus $2,000.00. (c) After the first day of April but before the first day of September of each year, a commission shall make the necessary population estimates and compute the amount due from the governing body of each political subdivision in accordance with the formula set forth in subsection (b) of this Code section and certify such population estimates and other data to each such governing body. (d) Before the fifteenth day of December each year, a commission shall, at a meeting called for the purpose, adopt a program and budget for the next calendar year. A copy of this program and budget shall be forwarded to each political subdivision and each agency which is expected to contribute to the support of the commission during the next calendar year. If the aggregate amount to be provided by the participating political subdivisions in accordance with the formula set out in subsection (b) of this Code section is greater than is necessary for such budget, the amount to be provided by each political subdivision shall be reduced pro rata and each such political subdivision shall be notified accordingly. (e) Each political subdivision required to contribute to the support of a commission by subsection (b) of this Code section shall, on or before the first day of each quarter of a calendar year, furnish 25 percent of the total amount to be provided by it during such year unless such political subdivision shall not have adopted its own operating budget by January 1 of such year, in which event it shall immediately after the adopting of its budget furnish the amounts then due to the commission under this Code section. (f) The governing body of any political subdivision shall have authority during any year to provide funds to a commission in excess

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of the amount computed in accordance with subsection (b) of this Code section. 50-8-102. A commission shall not submit a negative or unfavorable recommendation which is based upon any data which has been accumulated for a period of time in excess of 24 months where more current data is available. 50-8-103. Notwithstanding any other provision of this article, a commission shall determine by resolution the timing and sequence of the assumption of such duties, powers, and obligations it may have under Code Sections 50-8-88, 50-8-89, and Code Sections 50-8-93 through 50-8-96 and such Code sections shall not become effective until the date specified in such resolution. However, all such Code sections shall become effective on January 1 of the year following the year in which a commission is created. Section 52. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Code section to follow Code Section 51-1-30, to be designated Code Section 51-1-30.1, to read as follows: 51-1-30.1 (a) As used in this Code section, the term `fire apparatus' means salvage and first aid cars, chief's cars, hose wagons, pumpers, aerial trucks, water towers, service trucks, supply trucks, or other publicly owned and operated automotive equipment used in fire fighting. (b) A driver or operator of fire apparatus publicly owned and operated by any member of a fire department in municipalities having a population of more than 300,000 according to the United States decennial census of 1940 or any future such census shall be exempted from any tort liability by reason of injuries sustained to the person or property of anyone where such damage or injury is caused by the driving of such apparatus in responding to a fire alarm or while returning to a fire station under emergency orders of a chief or assistant chief to put equipment back into service for another call. (c) Nothing in this Code section shall affect in any manner the liability of such municipalities owning such fire apparatus for the torts of its employees under the general laws of this state.

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Section 53. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended by striking Code Section 53-6-90 and inserting in lieu thereof a new Code Section 53-6-90 to read as follows: 53-6-90. (a) There shall be appointed, in each county, by the judge of the probate court thereof, a county administrator whose duty it shall be to take charge of all estates unrepresented and not likely to be represented. (b) In all counties of this state having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census, the judge of the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more assistant county administrators who shall have the same powers, duties, and authority and be subject to the same laws, including Chapter 3 of Title 29, relating to county guardians, as the county administrators. Section 54. The Acts listed in the paragraphs within this section are repealed. (1) An Act authorizing the establishment of a city court in any county having a population of 15,000 or more upon recommendation of the grand jury of such county, approved October 19, 1891 (Ga. L. 1890-91, Vol. I, p. 96), as amended by an Act approved December 23, 1892 (Ga. L. 1892, p. 107), and an Act approved December 16, 1895 (Ga. L. 1895, p. 40). (2) An Act to provide for renewing or repairing any pavement now laid or to be laid in any city of this state having a population over 20,000, approved October 10, 1891 (Ga. L. 1890-91, Vol. I, p. 229). (3) An Act making it the duty of owners of dead animals or decaying vegetable matter situated outside the limits of municipalities containing 60,000 or more according to the United States decennial census of 1890, but within the county, to bury such animals or matter, approved December 16, 1895 (Ga. L. 1895, p. 86). (4) An Act providing compensation for deputy sheriffs in counties of 24,000 or more for attendance upon courts and elections

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and providing for payment of such compensation, approved December 19, 1900 (Ga. L. 1900, p. 81). (5) An Act to amend Section 982 of Volume 1 of the Code of Georgia of 1895, relating to the selection by the Governor of banks in certain cities as state depositories, providing for the selection of two banks as state depositories in each of the cities named in said section having a population of 6,500 and over, approved August 17, 1903 (Ga. L. 1903, p. 28). (6) An Act amending Section 495 of the Penal Code of 1895, relating to the burial of dead animals in counties containing a municipality of 1,000 or more according to the United States decennial census of 1900, approved August 23, 1905 (Ga. L. 1905, p. 85). (7) An Act setting compensation for deputy sheriffs and bailiffs in counties containing a municipality of not less than 65,000 nor more than 100,000, approved August 21, 1911 (Ga. L. 1911, p. 199). (8) An Act to prohibit the tax assessors in cities having a population of not less than 3,550 and not more than 3,552 according to the United States decennial census of 1910 from valuing and assessing their own property for city taxation, approved August 17, 1912 (Ga. L. 1912, p. 161). (9) An Act creating juvenile courts in certain counties, approved August 16, 1915 (Ga. L. 1915, p. 35), as amended by an Act approved August 19, 1916 (Ga. L. 1916, p. 58), and an Act approved March 22, 1935 (Ga. L. 1935, p. 399). (10) An Act to amend Section 870 of the Code of Georgia of 1910 by providing that in any city having a population of not less than 65,000 and not more than 100,000 by an amendment to such city's charter, provision may be made in such amendment for the renewal or repair of any existing pavement in such city, approved August 19, 1919 (Ga. L. 1919, p. 81). (11) An Act providing salaries for stenographic reporters in judicial circuits containing a city having a population of not less than 65,000 nor more than 100,000 persons, approved August 18, 1919 (Ga. L. 1919, p. 277).

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(12) Section 14 of an Act providing for a commission form of government for counties, with a county manager as executive head thereof, approved August 21, 1922 (Ga. L. 1922, p. 82). (13) An Act preventing persons living in militia districts which have a no-fence law within counties having a population of not less than 23,300 nor more than 23,500 according to the United States decennial census of 1920 from voting in an election for fence or no-fence in such counties, approved August 21, 1922 (Ga. L. 1922, p. 134). (14) An Act to prohibit for a period of five years taking fish from any stream with any device other than hook and line in any county having a population of not less than 16,897 nor more than 16,898, not less than 17,736 nor more than 17,737, not less than 6,677 nor more than 6,678, not less than 9,490 nor more than 9,491, not less than 23,370 nor more than 23,371, not less than 20,351 nor more than 20,359, not less than 6,455 nor more than 6,456, or not less than 11,709 nor more than 11,710 according to the United States decennial census of 1920, approved August 21, 1922 (Ga. L. 1922, p. 195). (15) An Act to prescribe additional duties for coroners in counties having a population of 200,000 or more, approved August 13, 1924 (Ga. L. 1924, p. 84). (16) An Act to amend Section 1249 of the Code of Georgia of 1910 by providing that in cities having a population of not less than 6,000 and not more than 15,000 according to the United States decennial census of 1920, the Governor may name and appoint two banks as state depositories, approved August 18, 1925 (Ga. L. 1925, p. 82), as amended by an Act approved August 20, 1925 (Ga. L. 1925, p. 83). (17) An Act authorizing county governing officers of all counties having a population of not less than 24,530 nor more than 24,550 according to the United States decennial census of 1920 to appropriate $600.00 per year for a public library, approved August 20, 1925 (Ga. L. 1925, p. 244). (18) An Act permitting municipal or local independent school systems to merge into the county school system, approved March 19, 1926 (Ga. L. 1926, Ex. Sess., p. 40), as amended by an Act approved July 27, 1927 (Ga. L. 1927, p. 160).

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(19) An Act to amend Section 1249 of the Code of 1910 by providing that in cities having a population of less than 6,000 but located in counties having a population of more than 30,000 according to the United States decennial census of 1920, the Governor may name two banks as state depositories, approved August 17, 1929 (Ga. L. 1929, p. 159). (20) An Act providing for the purchase and disposition of park properties in cities having a population of 200,000 or more according to the United States decennial census of 1920 or any future such census, approved August 27, 1929 (Ga. L. 1929, p. 303). (21) An Act authorizing the governing authorities of all counties having a population of 200,000 or more according to the United States decennial census of 1920 to adopt planning and building rules, codes, and regulations, approved August 17, 1929 (Ga. L. 1929, p. 614). (22) An Act permitting the county school superintendent in all counties having a population of not less than 21,118 nor more than 23,000 according to the United States decennial census of 1930 or any future such census to be a resident of the county site, although such municipality may have a municipal system of schools, approved August 28, 1931 (Ga. L. 1931, p. 131). (23) An Act granting permission to county governing authorities to regulate cemetaries, sanitoriums, hospitals, and similar institutions in all counties having a population of 125,000 or more, approved March 20, 1935 (Ga. L. 1935, p. 384). (24) An Act providing a manner of choosing the official county organ where two or more newspapers qualify in all counties in which there is a city having a population of not less than 6,410 nor more than 6,415 according to the United States decennial census of 1930, approved March 3, 1939 (Ga. L. 1939, p. 209). (25) An Act providing for the examination and licensing of electricians in counties of this state having a population of not less than 85,000 and not more than 90,000, approved March 15, 1943 (Ga. L. 1943, p. 481), as amended by an Act approved February 8, 1951 (Ga. L. 1951, p. 57), and an Act approved March 9, 1956 (Ga. L. 1956, p. 3288), and an Act approved April 4, 1963 (Ga. L. 1963, p. 2930).

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(26) An Act amending Section 24-2823 of the Code of Georgia of 1933, relating to sheriff's fees, approved March 6, 1945 (Ga. L. 1945, p. 221). (27) An Act authorizing a stenographer to be present with the grand jury during testimony of witnesses in counties having a population of 200,000 or more according to the United States decennial census of 1940 or any future such census, approved March 8, 1945 (Ga. L. 1945, p. 1017), as amended by an Act approved March 14, 1978 (Ga. L. 1978, p. 909). (28) An Act authorizing counties containing a population of 80,000 or more according to the United States decennial census of 1940 or any future such census to levy taxes for the purposes described in Article VII, Section IV, Paragraph I and Article VII, Section II, Paragraph II of the Constitution of Georgia of 1945, approved January 31, 1946 (Ga. L. 1946, p. 25), as amended by an Act approved February 8, 1955 (Ga. L. 1955, p. 166). (29) An Act creating a stadium authority in all counties of this state having a population of 300,000 or more according to the United States decennial census of 1940 or any future such census, approved March 25, 1947 (Ga. L. 1947, p. 622). (30) An Act to increase fees for jurors' service in coroners' inquests to $2.00 in all counties having a population of not less than 43,875 nor more than 43,885 according to the United States decennial census of 1940, approved March 26, 1947 (Ga. L. 1947, p. 760). (31) An Act to increase fees for coroners' services in holding inquests to $20.00 in all counties having a population of not less than 19,618 nor more than 19,700 according to the United States decennial census of 1940, approved March 27, 1947 (Ga. L. 1947, p. 995). (32) An Act amending Section 39-1105 of the Code of Georgia of 1933, relating to fees for legal advertisements in counties containing a city wholly or partially therein with a population greater than 200,000, approved February 15, 1949 (Ga. L. 1949, p. 566).

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(33) An Act to amend Section 24-3005 of the Code of Georgia of 1933, relating to contingent expenses of superior courts in counties having a population of 70,000 or more according to the United States decennial census of 1940 or any future such census, approved February 7, 1950 (Ga. L. 1950, p. 427). (34) An Act providing that clerks of superior courts in counties having populations of more than 117,000 according to the United States decennial census of 1950 or any future such census may provide separate index books for recording instruments affecting real property and personal property, approved February 19, 1951 (Ga. L. 1951, p. 207). (35) An Act providing a method of selecting traverse jurors for courts within counties having a population of not less than 120,000 nor more than 145,000 according to the United States decennial census of 1950 or any future such census, approved February 12, 1952 (Ga. L. 1952, p. 99), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3000), and an Act approved April 6, 1981 (Ga. L. 1981, p. 4242). (36) An Act authorizing the governing authorities in all counties having a population of not less than 100,000 nor more than 112,000 according to the United States decennial census of 1950 or any future such census to adopt building codes, rules, and regulations, approved February 13, 1952 (Ga. L. 1952, p. 2446). (37) An Act providing for the appointment of a deputy tax commissioner in all counties having a population of 300,000 or more according to the United States decennial census of 1950 or any future such census, approved February 15, 1952 (Ga. L. 1952, p. 2564). (38) An Act to provide that in judicial circuits of this state consisting of one county only, which now or hereafter, shall have a population of not less than 150,000 nor more than 450,000 according to the United States decennial census of 1950 or any future such census jurors summoned to serve in said court may be competent and compellable to serve certain specified days in a calendar year, approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 256).

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(39) An Act to amend an Act defining and enlarging the jurisdiction of the courts of the ordinary in those counties having no city courts or county courts and of municipal courts and police courts, so as to enable such courts to dispose of misdemeanor traffic cases by providing that the clerk of the superior court in counties with a population of not less than 7,100 and not to exceed 7,320 shall attend the court of the ordinary in all cases for the violation of traffic laws, approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 83), as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 3146), and an Act approved March 29, 1971 (Ga. L. 1971, p. 2299). (40) Sections 30 and 31 of an Act authorizing the governing authorities of the several municipalities and counties of this state to establish separate or joint planning commissions, approved March 13, 1957 (Ga. L. 1957, p. 420), as amended, relating to public hearings and publication of notices. (41) An Act to amend Section 21-105 of the Code of Georgia of 1933, relating to fees of coroners, by providing that in all counties of this state having a population of not less than 14,900 and not more than 15,190 according to the United States decennial census of 1950 or any future such census the coroner of such county shall be paid a salary in lieu of fees, approved March 13, 1957 (Ga. L. 1957, p. 3248). (42) An Act to amend Section 76-202 of the Code of Georgia of 1933, relating to breach of peace bonds, so as to add a proviso applicable to counties having a population of not less than 150,000 nor more than 300,000 according to the United States decennial census of 1950 or any future such census, approved March 17, 1959 (Ga. L. 1959, p. 3085). (43) An Act amending Section 24-2715 of the Code of Georgia of 1933, relating to clerks of the superior courts to provide for the use of facsimile signatures in counties having a population of more than 150,000 according to the United States decennial census of 1950 or any future such census, approved March 7, 1960 (Ga. L. 1960, p. 196). (44) An Act amending an Act amending Code Section 91-8 of the Code of Georgia of 1933 pertaining to an inventory and public sale of property, approved March 17, 1960 (Ga. L. 1960, p. 1124),

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as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 646), and an Act approved April 6, 1981 (Ga. L. 1981, p. 539). (45) An Act authorizing a stenographer to be present with the grand jury during testimony of witnesses in counties having a population of not less than 150,000 nor more than 450,000 according to the United States decennial census of 1950 or any future such census, approved March 17, 1960 (Ga. L. 1960, p. 2530). (46) An Act fixing the compensation of judges and solicitors of city courts in counties of this state having a population of not less than 23,700 and not more than 24,200 according to the United States decennial census of 1950 or any future such census, approved March 17, 1960 (Ga. L. 1960, p. 3201). (47) An Act providing a method for selection of traverse jurors for courts in counties having a population of not less than 136,000 nor more than 157,000 according to the United States decennial census of 1960 or any future such census, approved March 7, 1961 (Ga. L. 1961, p. 134). (48) An Act providing for the compensation of coroners in counties of this state having a population of not less than 250,000 and not more than 500,000, and for other purposes, approved March 16, 1961 (Ga. L. 1961, p. 153). (49) An Act providing additional compensation payable by counties to solicitors-general in circuits containing counties having a population of not less than 135,000 nor more than 140,000 according to the United States decennial census of 1960 or any future such census, approved March 28, 1961 (Ga. L. 1961, p. 225), as amended by an Act approved April 2, 1963 (Ga. L. 1963, p. 299), an Act approved April 6, 1967 (Ga. L. 1967, p. 444), an Act approved March 29, 1971 (Ga. L. 1971, p. 246), and an Act approved April 5, 1971 (Ga. L. 1971, p. 2958). (50) An Act to amend an Act providing a uniform county commissioners law for such counties as may require a commission form of county government exempting counties having a population of 500,000 or more according to the United States decennial census of 1960 or any future such census, approved April 5, 1961 (Ga. L. 1961, p. 3012), as amended by an Act approved April 11, 1967 (Ga. L. 1967, p. 3012).

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(51) An Act to increase the compensation of the ordinaries in certain counties of Georgia having a population of not less than 6,910 and not more than 6,950 according to the United States decennial census of 1960 or any future such census, approved February 26, 1962 (Ga. L. 1962, p. 2226). (52) An Act to designate as depositories for public and trust funds the treasury in all counties having a population of 500,000 or more according to the last United States decennial census, approved March 12, 1963 (Ga. L. 1963, p. 2180). (53) An Act to amend Section 87-202 of the Code of Georgia of 1933, relating to creation of bonded debts for counties, municipalities, and political subdivisions and providing for returns in bond elections in municipalities having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved March 10, 1964 (Ga. L. 1964, p. 260). (54) An Act amending Section 113-1301 of the Code of Georgia of 1933, relating to county administrators, so as to provide for an assistant county administrator in counties having a population of 550,000 or more according to the United States decennial census of 1960 or any future such census, approved March 10, 1964 (Ga. L. 1964, p. 300). (55) An Act authorizing a jury clerk for superior court judges in counties having a population of 500,000 or more according to the United States decennial census of 1960 or any future such census, approved February 19, 1964 (Ga. L. 1964, p. 2119). (56) An Act to prescribe the duties of sheriffs in counties having a population of not less than 250,000 nor more than 500,000 according to the United States decennial census of 1960 or any future such census, approved March 11, 1964 (Ga. L. 1964, p. 2885), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 4238). (57) An Act authorizing the appointment of a deputy coroner in counties of this state having a population of not less than 150,000 and not more than 175,000, approved March 24, 1965 (Ga. L. 1965, p. 227), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 676).

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(58) An Act amending an Act amending Code Section 91-8 of the Code of Georgia of 1933 pertaining to an inventory and public sale of property, approved March 24, 1965 (Ga. L. 1965, p. 239), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 678). (59) An Act authorizing sheriff's sales of personal property to be held at places other than the courthouse in counties having a population of 500,000 or more according to the United States decennial census of 1960 or any future such census, approved April 5, 1965 (Ga. L. 1965, p. 3260). (60) An Act to grant to the incorporated municipalities of this state having a population of more than 300,000 according to the United States decennial census of 1970 or any such future census certain powers to require the repair closing, or demolition of certain dwellings, buildings, or structures and the authority to execute said powers by ordinance, approved March 4, 1966 (Ga. L. 1966, p. 3089), as amended by an Act approved March 27, 1970 (Ga. L. 1970, p. 3475), and an Act approved March 30, 1977 (Ga. L. 1977, p. 4445). (61) An Act providing office space and secretarial assistance for certain judges emeritus in counties having a population of 500,000 or more according to the United States decennial census of 1960 or any future such census, approved March 4, 1966 (Ga. L. 1966, p. 3226). (62) An Act authorizing municipalities having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census to sell, exchange, or dispose of real property comprising parks, playgrounds, golf courses, swimming pools, or other like property, approved April 11, 1967 (Ga. L. 1967, p. 3022), as amended by an Act approved March 24, 1981 (Ga. L. 1981, p. 3196). (63) An Act relating to the issuance of dispossessory warrants against tenants holding over beyond the terms of the lease, so as to provide that in counties of this state having a population of 500,000 or more, property moved away from the premises pursuant to the execution of a dispossessory warrant shall be placed in storage, and for other purposes, approved March 1, 1968 (Ga. L. 1968, p. 51).

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(64) An Act amending Code Section 87-201 of the Code of Georgia of 1933, so as to provide additional requirements for bond elections and bonds issued by certain counties, approved April 8, 1968 (Ga. L. 1968, p. 1007), as amended by an Act approved March 31, 1976 (Ga. L. 1976, p. 1091), and an Act approved April 17, 1981 (Ga. L. 1981, p. 1581). (65) An Act requiring certain notice to tenants before dispossession thereof under a warrant in all counties of this state having a population of 500,000 or more, approved April 9, 1968 (Ga. L. 1968, p. 1215). (66) An Act amending an Act providing for the disposition of certain funds received by county officials, officers, and employees, so as to provide that in all counties of a certain population certain funds shall be deposited with banks or trust companies in the official names of such officials, officers, and employees, approved April 25, 1969 (Ga. L. 1969, p. 3655), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 3563). (67) An Act creating a small claims court in each county of this state having a population of not less than 7,500 nor more than 7,900 according to the United States decennial census of 1960 or any future such census, approved March 24, 1970 (Ga. L. 1970, p. 3423). (68) An Act creating metropolitan area planning and development commissions in all standard metropolitan statistical areas having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, approved March 3, 1971 (Ga. L. 1971, p. 17), as amended by an Act approved March 27, 1972 (Ga. L. 1972, p. 501), an Act approved March 27, 1972 (Ga. L. 1972, p. 502), an Act approved March 29, 1973 (Ga. L. 1973, p. 225), and an Act approved March 18, 1980 (Ga. L. 1980, p. 366). (69) An Act to amend an Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, providing for resident commissioners in cities with a population of 450,000 or more according to the United States decennial census of 1970 or any future such census, approved April 5, 1971 (Ga. L. 1971, p. 414).

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(70) An Act to amend an Act entitled the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, so as to provide that cities having a population of not less than 5,500 and not more than 5,550 according to the United States decennial census of 1970 or any future such census may increase the membership of the housing authority from five to nine members, approved April 5, 1971 (Ga. L. 1971, p. 3013). (71) An Act authorizing the appointment of an assistant coroner in counties of this state having a population of not less than 145,000 and not more than 165,000, approved April 5, 1971 (Ga. L. 1971, p. 3102). (73) An Act relating to fees of coroners, so as to change certain of the population figures and census contained therein, approved April 5, 1971 (Ga. L. 1971, p. 3128). (74) An Act to change the zoning procedures in certain counties and in all municipalities located wholly or partially in such counties, approved April 10, 1971 (Ga. L. 1971, p. 3662). (75) An Act prohibiting annexation of any unincorporated area by any municipality in certain counties without approved of the county governing authority, approved April 14, 1971 (Ga. L. 1971, p. 4112), as amended by an Act approved April 1, 1980 (Ga. L. 1980, p. 4357), and an Act approved April 6, 1981 (Ga. L. 1981, p. 4237). (76) An Act to authorize officials of certain cities to appoint as peace officers, persons who are citizens of an adjoining state, approved March 27, 1972 (Ga. L. 1972, p. 2560). (77) An Act authorizing ordinaries to administer oaths of office to certain officials in counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, approved April 3, 1972 (Ga. L. 1972, p. 3332), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 3286). (78) An Act fixing the compensation of solicitors of state courts of certain counties having a population of not less than 300,000 nor more than 600,000 according to the United States decennial census of 1970 or any future such census, approved

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April 3, 1972 (Ga. L. 1972, p. 3663), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 3308). (79) An Act to amend an Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, providing for additional commissioners for the housing authorities of cities with a population of not less than 118,000 or more than 120,000 according to the United States decennial census of 1970 or any future such census, approved April 6, 1972 (Ga. L. 1972, p. 3908). (80) An Act known as the Metropolitan River Protection Act, approved March 16, 1973 (Ga. L. 1973, p. 128), as amended by an Act approved April 18, 1975 (Ga. L. 1975, p. 837). (81) An Act to amend an Act providing for rural telephone cooperative corporations and for rural telephone service known as the Rural Telephone Cooperative Act, approved February 15, 1950 (Ga. L. 1950, p. 192), as amended, providing that rural telephone cooperatives may exercise certain powers within cities having a population of not less than 14,310 and not more than 15,140 according to the United States decennial census of 1970 or any future such census, approved March 29, 1973 (Ga. L. 1973, p. 229). (82) An Act known as the Vital Areas Act of 1973, approved April 17, 1973 (Ga. L. 1973, p. 935). (83) An Act to amend an Act authorizing the governing authorities of the several municipalities and counties of this state to establish separate or joint planning commissions by providing for the trial of violations of municipal ordinances in municipal courts in municipalities of more than 300,000 according to the United States decennial census of 1970 or any future such census, approved March 28, 1974 (Ga. L. 1974, p. 1416). (84) An Act to amend an Act approved April 11, 1968 (Ga. L. 1968, p. 1394), authorizing the governing authority of any municipality or county to establish a planning department to exercise any or all of the functions, powers, and duties of a planning commission, permitting certain municipalities which establish a planning department to establish a zoning review board to hold public hearings, approved March 28, 1974 (Ga. L. 1974, p. 3847).

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(85) An Act providing compensation for the assistant district attorney in judicial circuits containing not less than 54,500 nor more than 56,000 according to the United States decennial census of 1970 or any future such census, approved April 24, 1975 (Ga. L. 1975, p. 1111). (86) An Act amending Chapter 24-27 of the Code of Georgia of 1933, relating to clerks of the superior court, so as to provide fees for clerks in counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, approved April 24, 1975 (Ga. L. 1975, p. 1150), as amended by an Act approved April 11, 1979 (Ga. L. 1979, p. 507). (87) An Act authorizing zoning and building inspectors to issue citations in certain counties, approved April 24, 1975 (Ga. L. 1975, p. 4531), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 3282). (88) An Act authorizing a stenographer to be present with the grand jury during testimony of witnesses in counties having a population of not less than 15,950 nor more than 16,500 according to the United States decennial census of 1970 or any future such census, approved February 13, 1976 (Ga. L. 1976, p. 2638). (89) An Act to require representatives of the governing authority of any county which contains the smaller portion of the population of a city with a total population of 400,000 or more according to the United States decennial census of 1970 or any future such census to meet annually with representatives of the governing authority of any such city, approved March 24, 1976 (Ga. L. 1976, p. 3137). (90) An Act providing for interment of paupers and indigents by the governing authorities of counties having a population of not less than 90,000 or more than 140,000 according to the United States decennial census of 1970, approved March 31, 1976 (Ga. L. 1976, p. 3786). (91) An Act to fix the salaries of certain county officers and to provide for personnel and salaries of such personnel in counties having a population of not less than 15,300 nor more than 15,800 according to the United States decennial census of 1970 or any

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future such census, approved March 30, 1977 (Ga. L. 1977, p. 4268), as amended by an Act approved April 11, 1979 (Ga. L. 1979, p. 4456), and an Act approved March 26, 1981 (Ga. L. 1981, p. 3227). (92) An Act amending Code Section 23-2304 of the Code of Georgia of 1933, relating to burial of paupers, and increasing maximum burial expenses for paupers, approved March 16, 1978 (Ga. L. 1978, p. 1048). (93) An Act amending Section 113-1301 of the Code of Georgia of 1933, relating to county administrators, so as to provide for the appointment of assistant county administrators in all counties having a population of not less than 400,000 nor more than 600,000 according to the United States decennial census of 1970 or any future such census, approved April 3, 1978 (Ga. L. 1978, p. 1509), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 547). (94) An Act amending Code Section 69-202 of the Code of Georgia of 1933, so as to permit the governing authorities of municipalities 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 contracts relating to street overpasses and underpasses of railroad properties, approved April 11, 1979 (Ga. L. 1979, p. 521). (95) An Act amending Section 26-2306 of the Code of Georgia of 1933, relating to officer or employee selling to governments of political subdivisions, so as to change the amount of sales permitted by municipal employees in municipalities having a population of not less than 3,760 nor more than 3,850 according to the United States decennial census of 1970 or any future such census, approved April 11, 1979 (Ga. L. 1979, p. 536). (96) An Act amending Section 24-2707 of the Code of Georgia of 1933, relating to filling vacancies in the office of judge of the probate court, so as to provide a method for filling such vacancies in counties having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, approved April 11, 1979 (Ga. L. 1979, p. 537).

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(97) An Act authorizing municipalities having a population of more than 300,000 according to the United States decennial census of 1970 or any future such census to enter contracts relative to botanical gardens, approved April 11, 1979 (Ga. L. 1979, p. 4196). (98) An Act authorizing the governing authorities of all counties having a population in excess of 550,000 according to the United States decennial census of 1970 or any future such census to make contributions for purely charitable purposes, approved March 18, 1980 (Ga. L. 1980, p. 3406). (99) An Act authorizing municipalities having a population of more than 300,000 according to the United States decennial census of 1970 or any future such census to enter into certain contracts and leases relative to public zoos, approved March 24, 1980 (Ga. L. 1980, p. 3734). (100) An Act creating a Legislative Advisory Commission on Local Government for each county of this state having a population of not less than 170,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, approved March 26, 1980 (Ga. L. 1980, p. 4281). (101) An Act empowering any joint water and sewage authority located in counties having a population of not less than 100,000 nor more than 160,000 according to the United States decennial census of 1970 or any future such census to fluoridate potable public water supplies, approved March 31, 1980 (Ga. L. 1980, p. 4343). (102) An Act amending Section 24-2727B of the Code of Georgia of 1933, relating to costs for services rendered by clerks of superior courts in counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, approved April 6, 1981 (Ga. L. 1981, p. 532). (103) An Act amending Section 24-2727A of the Code of Georgia of 1933, relating to costs for services rendered by clerks of superior courts in counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, approved April 6, 1981 (Ga. L. 1981, p. 541).

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(104) An Act to provide that in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, the county governing authority shall be empowered by ordinance or resolution to assess against property the cost of reopening, repairing, or cleaning up from any public way, street, road, right of way, or highway any debris or other materials originating on such property as a result of any construction activity and to provide that such assessment shall be a lien enforced in the same manner as are county property taxes, approved April 6, 1981 (Ga. L. 1981, p. 3259). (105) An Act providing for enforcement of regulatory codes, ordinances, regulations, rules, and orders in counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, approved April 6, 1981 (Ga. L. 1981, p. 3261). (106) Code Section 15-10-31 of the Official Code of Georgia Annotated, relating to the place of holding justice courts in municipalities containing over 5,000 inhabitants. (107) An Act providing for the appointment, duties, and compensation of staff for the office of the solicitor-general in all counties having a population of not less than 135,000 nor more than 140,000 according to the United States decennial census of 1960 or any future such census, approved April 12, 1963 (Ga. L. 1963, p. 3547), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2607), an Act approved April 18, 1967 (Ga. L. 1967, p. 3218), an Act approved April 28, 1969 (Ga. L. 1969, p. 3950), an Act approved April 5, 1971 (Ga. L. 1971, p. 2962), an Act approved March 21, 1974 (Ga. L. 1974, p. 2640), and an Act approved March 30, 1977 (Ga. L. 1977, p. 4255). (108) An Act providing for the creation of the office of judge emeritus of the court of ordinary in all counties having a population of not less than 150,000 nor more than 167,000 according to the United States decennial census of 1970 or any future such census, approved April 5, 1971 (Ga. L. 1971, p. 2940). (109) An Act providing for the creation of the office of judge emeritus of the state court in all counties having a population of not less than 150,000 nor more than 165,000 according to the

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United States decennial census of 1970 or any future such census, approved April 3, 1972 (Ga. L. 1972, p. 3371), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 2733). Section 55. In the event any section, subsection, paragraph, 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, paragraph sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, paragraph sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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 56. This Act shall become effective November 1, 1982. Section 57. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1982. EDUCATION GROUNDS FOR TERMINATION OF CONTRACTS OF TEACHERS, ETC. Code Section 20-2-942 Amended. No. 1517 (House Bill No. 1436). AN ACT To amend an Act defining the grounds for the termination of contracts of teachers, principals, and other employees having a contract for a definite term, approved March 31, 1975 (Ga. L. 1975, p. 360), so as to provide for definitions; to provide for the procedures for demotion and nonrenewal; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly;

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to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act defining the grounds for the termination of contracts of teachers, principals, and other employees having a contract for a definite term, approved March 31, 1975 (Ga. L. 1975, p. 360), is amended by striking Section 3 which reads as follows: Section 3. Nonrenewal or Demotion After Three Years' Service. After a teacher or other professional school employee certificated by the State Board of Education who is employed under a contract for a definite term has been employed for three or more successive school years by the same local board of education, then the nonrenewal of the contract of such teacher or other person or his demotion for the fourth or subsequent years shall be as provided by this section. When the local school superintendent or board of education has tentatively decided not to renew the contract in the third successive year of any such teacher or professional certificated employee, or any subsequent year thereafter, or to demote such a teacher or other professional certificated employee, written notification of such tentative decision shall be given to such teacher or employee not later than April 15 prior to the ensuing school year, and any such teacher or professional certificated employee so notified shall have the right to request the local school superintendent or local board of education, in writing, by not later than May 1, thereafter, to furnish such teacher or certificated professional employee a written statement of the reasons on which the nonrenewal of the contract was based, or the reasons for the demotion, in accordance with the provisions relating to notice as set out herein in subsection (b) of section 1 of this Act. Upon receiving such request for a hearing from any such teacher or employee, said hearing shall be in accordance with the provisions of subsections (b) through (f), inclusive, of section 1 of this Act. For purposes of this section, a teacher or other employee as hereinbefore referred to shall be deemed to have been employed for three successive school years where the teacher or employee had already completed two years with the system and while serving under his third successive contract has his contract of employment renewed by the board of education for the fourth consecutive year. Only service rendered as an employee of the same local board of education may be counted as service for the purpose of this section.,

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in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. Nonrenewal or demotion. (a) As used in this Section, the term: (1) `Local board of education' or `local board' means a county or independent board of education, a board of education of a public school system established prior to the adoption of the Constitution of 1877, or a board of education of an area school system, or any agent with the authority to act on behalf of any such board. (2) `School year' means a period of at least 180 school days beginning in or about September and ending in or about June. (3) `School year contract' means a contract of full-time employment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year contract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as a school year contract, nor shall contracts of employment for time outside a school year be cumulated and treated as a school year contract. A school year contract is deemed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year. (4) `Teacher' means any professional school employee certificated by the State Board of Education. (b) (1) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Section 1 of this Act. (2) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education and who is notified that he or she is to be demoted or that his or her contract will not be renewed has the right to the procedures set forth in subsections (b) through (f) of Section 1 of

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this Act before the intended action is taken. A teacher who has the right to these procedures must notify the superintendent of the local board employing the teacher within 14 days of the day the notice of the intended action is served that he or she requests that the procedures be implemented. Within 14 days of service of the request to implement the procedures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b) of Section 1 of this Act. (3) A teacher is deemed to have accepted a fourth consecutive school year contract if, while the teacher is serving under the third consecutive school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the third consecutive school year that he or she does not accept the fourth consecutive school year contract. (4) A teacher who has satisfied the conditions set forth in paragraph (1) of this subsection who is subsequently employed by another local board of education and who accepts a second consecutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Section 1 of this Act. The provisions set forth in paragraph (2) of this subsection shall likewise apply to such a teacher. (5) A teacher is deemed to have accepted a second consecutive school year contract if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the first school year that he or she does not accept the second consecutive school year contract. Part 2 Section 2. Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to the procedure for nonrenewal of contract of demotion after three years' service, is amended by striking said Code section which reads as follows:

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20-2-942. (a) After a teacher or other professional school employee certificated by the State Board of Education who is employed under a contract for a definite term has been employed for three or more successive school years by the same local board of education, then the nonrenewal of the contract of such teacher or other person or his demotion for the fourth or subsequent years shall be as provided by this Code section. (b) When the local school superintendent or local board has tentatively decided not to renew the contract in the third successive year, or any subsequent year thereafter, of any such teacher or professional certificated employee or to demote such a teacher or other professional certificated employee, written notification of such tentative decision shall be given to such teacher or employee not later than April 15 prior to the ensuing school year; and any such teacher or professional certificated employee so notified shall have the right to request the superintendent or local board in writing, by not later than May 1, to furnish such teacher or certificated professional employee a written statement of the reasons on which the nonrenewal of the contract was based or the reasons for the demotion, in accordance with provisions relating to notice as set out in subsection (b) of Code Section 20-2-940. Upon receipt of such request for a hearing from any such teacher or employee, the hearing shall be conducted in accordance with subsections (b) through (f), inclusive, of Code Section 20-2-940. (c) For purposes of this Code section, a teacher or other employee, as referred to in subsection (a) of this Code section, shall be deemed to have been employed for three successive school years where the teacher or employee had already completed two years with the system and while serving under his third successive contract has his contract of employment renewed by local board for the fourth consecutive year. Only service rendered as an employee of the same local board may be counted as service for the purpose of this Code section., in its entirety and substituting in lieu thereof a new Code Section 20-2-942 to read as follows: 20-2-942. (a) As used in this Code section, the term: (1) `Local board of education' or `local board' means a county or independent board of education, a board of education of

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a public school system established prior to the adoption of the Constitution of 1877, or a board of education of an area school system, or any agent with the authority to act on behalf of any such board. (2) `School year' means a period of at least 180 school days beginning in or about September and ending in or about June. (3) `School year contract' means a contract of full-time employment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year contract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as a school year contract, nor shall contracts of employment for time outside a school year be cumulated and treated as a school year contract. A school year contract is deemed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year. (4) `Teacher' means any professional school employee certificated by the State Board of Education. (b) (1) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education may be demoted or the teacher's contract may not be renewed only for those reaons set forth in subsection (a) of Code Section 20-2-940. (2) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education and who is notified that he or she is to be demoted or that his or her contract will not be renewed has the right to the procedures set forth in subsections (b) through (f) of Code Section 20-2-940 before the intended action is taken. A teacher who has the right to these procedures must notify the superintendent of the local board employing the teacher within 14 days of the day the notice of the intended action is served that he or she requests that the procedures be implemented. Within 14 days of service of the request to implement the procedures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b) of Code Section 20-2-940.

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(3) A teacher is deemed to have accepted a fourth consecutive school year contract if, while the teacher is serving under the third consecutive school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the third consecutive school year that he or she does not accept the fourth consecutive school year contract. (4) A teacher who has satisfied the conditions set forth in paragraph (1) of this subsection who is subsequently employed by another local board of education and who accepts a second consecutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940. The provisions set forth in paragraph (2) of this subsection shall likewise apply to such a teacher. (5) A teacher is deemed to have accepted a second consecutive school year contract if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the first school year that he or she does not accept the second consecutive school year contract. Part 3 Section 3. (a) Except as otherwise provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1982. HAZARDOUS DRIVERS STUDY COMMITTEE. No. 202 (Senate Resolution No. 274). A RESOLUTION Creating the Hazardous Drivers Study Committee; and for other purposes. WHEREAS, the incidence of serious traffic offenses such as driving under the influence of alcohol or drugs has increased dramatically during recent years; and WHEREAS, the General Assembly should review the laws dealing with serious traffic offenses and the administration of those laws by the courts of this state in an effort to find more effective methods to remove hazardous drivers from the streets and highways of this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Hazardous Drivers Study Committed is created which shall be composed of 18 members as follows: (a) Four members of the Senate, three of whom shall be appointed by the President of the Senate and the fourth shall be the chairman of the Senate Public Safety Committee; (b) Four members of the House of Representatives, three of whom shall be appointed by the Speaker of the House of Representatives and the fourth shall be the chairman of the Motor Vehicles Committee of the House of Representatives;

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(c) One official or employee of the Department of Public Safety appointed by the Commissioner of Public Safety; (d) One official or employee of the Department of Human Resources appointed by the commissioner of said department; (e) One official or employee of the Office of Highway Safety appointed by the director of said office; (f) Four judges of courts of this state appointed by the Governor, one of whom shall be a judge of a municipal or recorder's court, one of whom shall be a judge of a probate court exercising jurisdiction over traffic offenses, one of whom shall be a judge of a state court, and one of whom shall be a juvenile court judge; and (g) Three citizens of Georgia appointed by the Governor. BE IT FURTHER RESOLVED that the committee shall conduct a comprehensive study of the existing laws of this state relating to serious traffic offenses, with particular emphasis on driving under the influence of alcohol or drugs. Such study shall also include the administration of such laws by the courts of this state. The purpose of the study will be to find more effective methods of substantially reducing the number of hazardous drivers operating on the streets and highways of this state. BE IT FURTHER RESOLVED that the organizational meeting of the committee shall be held upon the joint call of the President of the Senate and the Speaker of the House of Representatives. At the organizational meeting, the committee shall elect a chairman from its own membership and such other officers from its own membership as the committee finds necessary or desirable. The committee shall adopt its own rules of procedure and may meet at such times and places as the committee shall determine but not exceeding ten days unless additional days are authorized by both the President of the Senate and the Speaker of the House. BE IT FURTHER RESOLVED that the legislative members of the committee shall receive the expenses and allowances provided by law for legislative members of interim committees for attending meetings of the committee. Members of the judiciary who serve on the committee shall be reimbursed for actual and necessary expenses and travel expenses for attending meetings of the committee from

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legislative funds. State officials or employees who serve on the committee shall be reimbursed for actual and necessary expenses and travel expenses from the funds of their respective departments or agencies for attending meetings of the committee. Citizen members of the committee shall be reimbursed for expenses and travel for attending committee meetings in the same manner as state employees. All funds necessary to carry out the provisions of this resolution, except as provided herein, shall come from funds appropriated or available to the legislative branch of state government or from funds made available to the Office of Highway Safety by the Congress of the United States pursuant to 23 USCA, Section 402. BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations, including proposed legislation, to the Governor and all members of the General Assembly on or before the date the General Assembly convenes in regular session in 1983, on which date the committee shall stand abolished. Approved April 22, 1982. LAND CONVEYANCE TO BUTTS COUNTY. No. 203 (House Resolution No. 658). A RESOLUTION Authorizing and empowering the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey or lease certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County; to provide an effective date; and for other purposes. WHEREAS, the board of commissioners of Butts County proposes to construct an airport runway on property presently owned by the State of Georgia, comprising 108 acres more or less, to be fully described by the board of commissioners of Butts County as provided in this resolution; and

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WHEREAS, the property is now under the custody and management of the Department of Offender Rehabilitation; and WHEREAS, by a resolution dated February 9, 1982, the Board of Offender Rehabilitation declared said property surplus to their needs and requested said property be donated to Butts County; and WHEREAS, the power to deal with and to dispose of state-owned property is vested in the General Assembly of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of 108 acres, more or less, to be described real property, hereinafter referred to as the property, and that, in all matters relating to the property, the State of Georgia is acting by and through the State Properties Commission. Section 2. That the State of Georgia, acting by and through the State Properties Commission, convey or lease the property to the board of commissioners of Butts County. Section 3. That said conveyance be subject to the following: (1) The consideration for the conveyance of said property shall be for a consideration not less than the fair market value or fair rental value; (2) That the board of commissioners of Butts County prepare and submit to the State Properties Commission for approval a plat of survey and legal description of the property prior to the conveyance; and (3) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the State of Georgia. Section 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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Section 5. That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without his approval. Approved April 22, 1982. JUVENILE COURT CODE AMENDED. Code Title 15, Chapter 11 Amended. No. 1519 (Senate Bill No. 4). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to the creation of juvenile courts; to change the provisions relating to the termination of juvenile courts; to provide for the compensation of juvenile judges; to prohibit certain juvenile judges from practicing law; to provide for administrative procedures; to provide for pension rights of certain judges; to provide for qualifications for referees; to provide that the court may suspend the driver's license of a child who commits a delinquent act or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for a certain period of time; to provide for 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. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-3, which reads as follows: 15-11-3. (a) Except as provided in paragraph (2) of subsection (b) of this Code section, in counties having populations of 50,000 or more according to the United States decennial census of 1970 or

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any future such census, juvenile courts are created and established with original jurisdiction in all cases coming within the terms of this chapter. (b) (1) In any county having a population of less than 50,000 according to the United States decennial census of 1970 or any future such census, upon recommendation of two successive grand juries, a juvenile court shall be created and the judge of the superior court shall appoint a judge thereof, in accordance with this chapter. It shall thereupon be considered that a juvenile court has been established in the county. The powers, authority, jurisdiction, and procedure of court shall be the same as those of juvenile courts established under this chapter. (2) In all counties having populations of less than 50,000 according to the United States decennial census of 1970 or any future such census, wherein a juvenile court has not been established, and in Richmond County and such other counties of more than 50,000 population as may be provided by local Act, a judge of the superior court shall sit as the juvenile court judge and hear all cases coming within this chapter. Such hearing shall be conducted in accordance with the provisions set forth in this chapter. In any such court the clerk of the superior court shall exercise the functions of clerk of the juvenile court, subject to the direction of the judge. (3) Whenever any juvenile court has been established by appropriate action of two successive grand juries in any county having a population of less than 50,000 pursuant to this chapter, the existence of the juvenile court shall be terminated if two successive grand juries of the county thereafter adopt a resolution providing for the termination and the resolution is concurred in by the judge of the superior court of the county. Thereafter, the judge of the superior court of the county shall sit as the juvenile court judge of such county pursuant to this chapter. Action taken under this paragraph by the grand jury and the superior court judge shall not prevent the reestablishment thereafter of a juvenile court in the county by action taken by two successive grand juries as provided for in paragraph (1) of this subsection. (c) Except as provided in this chapter, the judge or a majority of the judges of the superior court circuit presiding over the county wherein a juvenile court is established by this chapter shall appoint

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the judge or judges of the juvenile court for a term of six years and shall fix his or their compensation except in those counties wherein the salary of the judge is fixed by legislative Act. The salary of the juvenile court judge shall be paid out of county funds. The governing authority of the county in which the court is located, at any meeting, may provide for the reimbursement to the judge of the juvenile court for expenses incurred while on court business outside the jurisdiction of the court. (d) No person shall be judge of the juvenile court unless, at the time of his appointment, he has attained the age of 30 years, has been a citizen of the state for three years, and has practiced law for three years, unless otherwise provided by a local act. A juvenile court judge shall be eligible for reappointment. (e) In the event that more than one juvenile court judge is appointed, one shall be designated presiding judge. (f) It shall be unlawful for the judge of any juvenile court to engage directly or indirectly in the practice of law in his own name or in the name of another as a partner or in any manner in any case, proceeding, or matter of any kind in his own court or in any other court in any case, proceeding, or any other matters of which his own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in his own court, except such advice or counsel as he is called upon to give while performing his duties as juvenile court judge. (g) In any case in which action under this Code section is to be taken by the judge of the superior court of a county, such action shall be taken by a majority vote of the judges of the superior court of the judicial circuit encompassing the county where there are more than two superior court judges. Where there are two superior court judges of a county or judicial circuit encompassing a county, any action under this Code section shall be taken by the chief judge of the superior court circuit., and inserting in lieu thereof a new Code Section 15-11-3 to read as follows:

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15-11-3. (a) There is created a juvenile court in every county in the state. (b) The judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit, unless otherwise provided by a local act. Each judge appointed will have the authority to act as judge of each juvenile court in the circuit. If no person is appointed a juvenile judge for the circuit, then the superior court judge or judges of the circuit shall assume the duties of the juvenile judge in all counties in the circuit in which a separate juvenile court judgeship had not been established as part of the duties of the superior court judge. All juvenile court judgeships, their methods of compensation, selection, and operation, established on or before July 1, 1983, shall continue until such time as a circuit-wide juvenile court judge is appointed or until terminated by two successive recommendations of the grand juries of the county with the concurrence of the judge or judges of the superior court of the circuit. However, in any circuit where a superior court judge assumes the duties of the juvenile judge, such circuit shall not be entitled to the state funds provided for in subsection (d) of this Code section. (c) When a circuit-wide juvenile court judge is appointed, any juvenile judge in office at that time shall be authorized to fulfill his term of office. The jurisdiction of each judge shall be circuit-wide. (d) (1) Each juvenile judge appointed under this chapter shall serve for a term of years equal to that of the superior court judges of the circuit. Except as otherwise provided by law, the compensation of the juvenile judge shall be set by the judge or judges of the superior court with the approval of the governing authority or governing authorities of the county or counties for which he is appointed. The state, out of funds appropriated to the judicial branch of government, shall contribute toward the salary of the judges on a per circuit basis in the following amounts: (A) Circuits with a population of 400,000 or more according to the United States decennial census of 1980 or any future such census $ 35,000.00 (B) Circuits with a population of 150,000 or more but less than 400,000 according to the United States decennial census of 1980 or any future such census 25,000.00 (C) Circuits with a population of 100,000 or more but less than 150,000 according to the United States decennial census of 1980 or any future such census 15,000.00 (D) Circuits with a population of 70,000 or more but less than 100,000 according to the United States decennial census of 1980 or any future such census 10,000.00 (E) Circuits with a population of less than 70,000 according to the United States decennial census of 1980 or any future such census 5,000.00

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No state funds shall be available for the above contributions toward the salary of the judges on a per circuit basis until the General Assembly has appropriated funds for that specific purpose. (2) The remaining amount of the salary of the juvenile judge provided for herein shall be paid by the counties comprising the judicial circuit in the ratio which the population of the county bears to the total population of the counties comprising said circuit as shown by the latest official decennial census.

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(3) Each juvenile judge appointed in a circuit with a population of 160,000 or more according to the United States decennial census of 1980 or any future such census shall be prohibited from practicing law, with the exception of carrying out his duties as judge or in defending against any action brought against him. (e) No person shall be judge of the juvenile court unless, at the time of his appointment, he has attained the age of 30 years, has been a citizen of the state for three years, and has practiced law for three years. A juvenile court judge shall be eligible for reappointment. (f) In the event that more than one juvenile court judge is appointed, one shall be designated presiding judge. (g) It shall be unlawful for the judge of any juvenile court to engage directly or indirectly in the practice of law in his own name or in the name of another as a partner or in any manner in any case, proceeding, or matter of any kind in his own court or in any other court in any case, proceeding, or any other matters of which his own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in his own court, except such advice or counsel as he is called upon to give while performing his duties as juvenile court judge. (h) In any case in which action under this Code section is to be taken by the judge of the superior court of a county, such action shall be taken by a majority vote of the judges of the superior court of the judicial circuit encompassing the county where there are more than two superior court judges. Where there are two superior court judges of a county or judicial circuit encompassing a county, any action under this Code section shall be taken by the chief judge of the superior court circuit. (i) Each juvenile court created under this chapter shall be assigned and attached to the superior court of the county for administrative purposes. All expenditures of the court are declared to be an expense of the court and payable out of the county treasury with the approval of governing authority or governing authorities of the county or counties for which he is appointed.

Page 2205

(j) Any judge appointed pursuant to this chapter who, within 90 days prior to such appointment, was a judge of the juvenile court of a county with a pension plan created by local legislation, and was a contributing member thereof shall have the option of continuing as a member with county contributions and benefits as other members by notifying the offices of said pension plan and the office of the Trial Judges and Solicitors Retirement Fund of the state of such election in writing within 30 days after his appointment. Thereupon the judge shall continue as a member of the local pension plan without interruption of credited service; and the judge shall have deducted thereafter from the total salary paid by the state and county for the judge's services in percentage amounts as is provided for members' contributions, which amounts shall be paid into the pension plan created by local legislation. Nothing in this Code section shall be construed as prohibiting a judge from becoming a member of the Trial Judges and Solicitors Retirement Fund of the state as a juvenile court judge at such time as he withdraws further contributions to the pension plan created by local legislation and so notifies the office of the Trial Judges and Solicitors Retirement Fund of the state in writing. Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-11-10 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The judge may appoint one or more persons to serve as referee in juvenile matters on a full or part-time basis. The referee shall serve at the pleasure of the judge, and his salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which he is appointed. The salary of each referee shall be paid from county funds. A referee shall be a member of the State Bar of Georgia or shall be a graduate of a law school; provided, however, that any person serving as a referee on July 1, 1983, shall be qualified for appointment thereafter to serve as a referee. Section 3. Said chapter is further amended by striking Code Section 15-11-35 in its entirety and inserting in lieu thereof a new Code Section 15-11-35 to read as follows: 15-11-35. (a) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act and is subsequently determined to be in need of treatment or rehabilitation, the court may make any of the following orders of disposition best suited to his treatment, rehabilitation, and welfare:

Page 2206

(1) Any order authorized by Code Section 15-11-34 for the disposition of a deprived child; (2) An order placing the child on probation under conditions and limitations the court prescribes, under the supervision of: (A) The probation officer of the court or the court of another state as provided in Code Section 15-11-46; (B) Any public agency authorized by law to receive and provide care for the child; or (C) The chief executive officer of any community rehabilitation center acknowledging in writing his willingness to accept the responsibility for the supervision of the child; (3) An ordre placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority; or (4) An order committing the child to the Department of Human Resources. (b) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for the period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsection. Section 4. This Act shall become effective July 1, 1983.

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Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. JUDGES OF PROBATE COURTS RETIREMENT FUND OF GEORGIA AMENDED. Code Title 47, Chapter 11 Amended. No. 1520 (Senate Bill No. 60). AN ACT To amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for calculation and payment of benefits to certain surviving spouses of judges and requirements, qualifications, and proceedings related thereto; to change the rate of interest on dues which are refunded to members; to change the provisions relating to the payment of interest and the computation of interest on dues paid for the purpose of repayment of funds in cases in which a judge of the probate court dies; to provide for refund of dues plus interest to the estates of certain persons; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, is amended by adding between Code Sections 47-11-71 and 47-11-72 a new Code section, to be designated Code Section 47-11-71.1, to read as follows: 47-11-71.1. (a) Upon the death of any member who is then receiving retirement benefits and upon the surviving spouse of such member attaining 60 years of age, said spouse shall be paid spouse's

Page 2208

benefits which shall be equal to 50 percent of the retirement benefits then being paid to such member. Such benefits shall be paid for the remainder of the life of such surviving spouse. Upon the death of any member prior to retirement, the surviving spouse of such member may elect: (1) To withdraw the dues paid into the retirement fund by the deceased member plus interest at the rate specified by law, in which case the spouse shall be deemed to have waived any right to any benefits; or (2) To leave such dues in the retirement fund and to receive spouse's benefits which shall be payable beginning: (A) On the date of the member's death, if such member is 60 years of age or older, or (B) On the date on which the surviving spouse of the deceased member reaches 60 years of age, whichever event occurs last, and which shall be equal to 50 percent of the retirement benefits which the deceased member was drawing at the time of death or, in the case of a member who dies prior to his sixtieth birthday, which such deceased member would have been entitled to receive upon reaching 60 years of age had he lived and ceased service as a judge of the probate court on the date of his death. (b) As used in this Code section, the term `surviving spouse' means the person who was married to the probate judge on the date the probate judge first begins receiving retirement benefits under this chapter or, in the case of a member who dies before receiving retirement benefits, the term `surviving spouse' shall mean the person who was married to the probate judge on the date of the death of the judge. (c) Any living retired probate judge drawing retirement benefits on November 1, 1982, who had a spouse on the date of the retirement of such judge, which spouse may survive said retired probate judge, shall be eligible to draw the retirement benefits provided for a spouse herein upon electing to do so; provided, however, that no person may draw both the retirement benefits and spouse's benefits. Spouse's benefits payable under this Code section shall be in lieu of benefits provided in subsection (b) of Code Section 47-11-71 of this chapter.

Page 2209

(d) Any judges of the probate court or any surviving spouses of judges who are receiving benefits calculated pursuant to subsection (b) of Code Section 47-11-71 of this chapter are authorized to elect to be covered by the provisions of this Code section and to have the benefits which they are receiving or which they may be entitled to receive recalculated in accordance with the provisions of this Code section. Each such election shall be made in writing by July 1, 1983, on forms to be supplied to each such person by the board of commissioners. No additional contributions or dues shall be required of any person to be covered by the provisions of this Code section. In the event that a person who is receiving benefits calculated under subsection (b) of Code Section 47-11-71 elects to be covered by the provisions of this Code section, such person's future benefits shall be recalculated in the same manner as if such person had never received benefits under subsection (b) of Code Section 47-11-71; and such recalculated benefits shall be payable beginning on the first day of the month following the month in which the election is made. Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-11-72 and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any member of the fund, after ceasing to serve as a judge of the probate court and after waiving any right to retirement benefits in writing on a form to be provided by the board, may apply for and be refunded all dues paid, together with 5 percent 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. Section 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-11-72 and inserting in lieu thereof a new subsection (b) to read as follows: (b) Although retirement pay shall be based on Code Section 47-11-71 and nothing in this Code section shall be construed to alter same, at the effective date of retirement simple interest at a rate of 5 percent per annum shall be computed on all dues paid from the end of the calendar year in which paid to the end of the calendar year immediately preceding the date of retirement and shall be added to the total dues paid. After all retirement benefits coming due under subsection (a) or (b) of Code Section 47-11-71, as the case may be, have been paid and if the total thereof shall not be equal to or exceed the above total of dues and interest, then the balance of such

Page 2210

principal and interest shall be paid to the estate of the deceased judge of the probate court. Section 4. Said Act is further amended by striking in its entirety subsection (c) of Code Section 47-11-72, which reads as follows: (c) Upon application by the estate of any member of the fund who dies prior to retirement, all dues paid by such deceased member, together with 5 percent 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., and inserting in lieu thereof a new subsection (c) to read as follows: (c) Upon application by the estate of any member of the retirement system who dies prior to retirement and who does not have a surviving spouse who is eligible for benefits under Code Section 47-11-71.1, all dues paid by such deceased member, together with 5 percent 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. Section 5. This Act shall become effective November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

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TORTS IMMUNITY FROM LIABILITY FOR CERTAIN INCIDENTS RELATING TO COMPRESSED GASES. Code Sections 105-1807, 51-11-8 Amended. No. 1521 (Senate Bill No. 83). AN ACT To amend Code Chapter 105-18, relating to defenses against torts, as amended, so as to provide immunity from liability for care, assistance, or advice relating to certain dangerous incidents involving compressed gases; to provide for exceptions; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 105-18, relating to defenses against torts, as amended, is amended by adding after Code Section 105-1806 a new Code section, to be designated Code Section 105-1807, to read as follows: 105-1807. (a) Any person employed by a licensed compressed gas dealer who provides assistance upon request of any law enforcement agency, fire department, rescue or emergency squad, or any governmental agency in the event of an accident or other emergency involving the use, handling, transportation, transmission, or storage of liquefied petroleum gas, when the reasonably apparent circumstances require prompt decisions and actions, shall not be liable for any civil damages resulting from any act of commission or omission on his part in the course of his rendering such assistance unless such acts or omissions amount to willful or wanton negligence or intentional wrongdoing. Nothing in this Code Section shall be deemed or construed to relieve any person from liability for civil damages: (1) where the accident or emergency referred to above involved his own facilities or equipment or (2) resulting from any act of commission or omission on his part in the course of providing care or assistance in the normal and ordinary course of conducting his own business or

Page 2212

profession, nor shall this section be construed to relieve from liability for civil damages any other tortfeasor not referred to in this Code Section. (b) Nothing in subsection (a) of this Code Section applies to the rendering of such care, assistance, or advice where the same is rendered for remuneration beyond reimbursement for out-of-pocket expenses in connection therewith, or with the expectation of such remuneration, from the recipient or recipients of such care, assistance, or advice or someone on his or their behalf. (c) Subsection (a) of this Code Section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, willful, or wanton misconduct shall constitute gorss negligence. Part 2 Section 2. Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia, relating to defenses to tort actions, is amended by adding at the end thereof a new Code Section 51-11-8 to read as follows: 51-11-8. (a) Any person employed by a licensed compressed gas dealer who provides assistance upon request of any law enforcement agency, fire department, rescue or emergency squad, or any governmental agency in the event of an accident or other emergency involving the use, handling, transportation, transmission, or storage of liquefied petroleum gas, when the reasonably apparent circumstances require prompt decisions and actions, shall not be liable for any civil damages resulting from any act of commission or commission on his part in the course of his rendering such assistance unless such acts or omissions amount to willful or wanton negligence or intentional wrongdoing. Nothing in this Code section shall be deemed or construed to relieve any person from liability for civil damages: (1) where the accident or emergency referred to above involved his own facilities or equipment or (2) resulting from any act of commission or omission on his part in the course of providing care or assistance in the normal and ordinary course of conducting his own business or profession, nor shall this Code section be construed to relieve from liability for civil damages any other tortfeasor not referred to in this Code section.

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(b) Nothing in subsection (a) of this Code section applies to the rendering of such care, assistance, or advice where the same is rendered for remuneration beyond reimbursement for out-of-pocket expenses in connection therewith, or with the expectation of such remuneration, from the recipient or recipients of such care, assistance, or advice or someone on his or their behalf. (c) Subsection (a) of this Code section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, willful, or wanton misconduct shall constitute gross negligence. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

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CRIMES DOGFIGHTING. Code Sections 26-2714, 16-12-36 Enacted. No. 1522 (Senate Bill No. 463). AN ACT To amend Code Chapter 26-27, relating to gambling and related offenses, as amended, so as to make certain activities involving fighting dogs unlawful; to provide a penalty; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 26-27, relating to gambling and related offenses, as amended, is amended by adding at the end thereof a new Code section, to be designated Code Section 26-2714, to read as follows: 26-2714. Dogfighting. (a) It shall be unlawful for any person to cause or allow a dog to fight another dog for sport or gaming purposes or to maintain or operate any event at which dogs are allowed or encouraged to fight one another. (b) Any person violating any provision of subsection (a) shall be guilty of a felony and, upon conviction thereof, shall be punished by a mandatory fine of $5,000.00 or a mandatory fine of $5,000.00 and imprisonment for not less than one nor more than five years. Part 2 Section 2. Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by adding a new Code Section 16-12-36 to read as follows: 16-12-36. (a) A person commits the offense of dogfighting when he causes or allows a dog to fight another dog for sport or

Page 2215

gaming purposes or maintains or operates any event at which dogs are allowed or encouraged to fight one another. (b) A person convicted of the offense of dogfighting shall be punished by a mandatory fine of $5,000.00 or by a mandatory fine of $5,000.00 and imprisonment for not less than one year nor more than five years. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. CRIMES METHAQUALONE. Code Section 16-13-31 Amended. No. 1523 (Senate Bill No. 479). AN ACT To amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to change the provisions relating to possession of cocaine, heroin, and marijuana; to create certain additional crimes relating to the drug methaqualone; to prescribe mandatory minimum terms of

Page 2216

imprisonment for certain 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. Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, is amended to read as follows: 16-13-31. (a) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of 28 grams or more of cocaine or of any mixture containing cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; (2) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $100,000.00; and (3) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. (b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has actual possession of four grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or four grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows: (1) If the quantity of such substances involved is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00;

Page 2217

(2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and (3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has actual possession of a quantity of marijuana exceeding 100 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows: (1) If the quantity of marijuana involved is in excess of 100 pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $25,000.00; (2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $50,000.00; and (3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $200,000.00. (d) Any person who knowingly sells, manufactures, delivers or brings into this state or who is knowingly in actual possession of 4,000 grams or more of methaqualone or of any mixture containing methaqualone, as described in Schedule II, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows: (1) If the quantity of the methaqualone or the mixture involved is 4,000 grams or more, but less than 20,000 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00;

Page 2218

(2) If the quantity of the methaqualone or the mixture involved is 20,000 grams or more, but less than 75,000 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $100,000.00; and (3) If the quantity of the methaqualone or the mixture involved is 75,000 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. (e) Notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section. (f) Any person who violates any provision of Section 16-13-31, in regard to trafficking in cocaine, illegal drugs or marijuana shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $500,000.00. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 22, 1982.

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FINANCIAL INSTITUTIONS REPORTS OF CERTAIN CURRENCY TRANSACTIONS. Code Title 7, Chapter 1 Amended. No. 1524 (Senate Bill No. 480). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to require the reporting of certain currency transactions in excess of $10,000.00 made with financial institutions; to provide for purpose; to define certain terms; to provide for records and reports; to provide for administration by the Department of Banking and Finance of the State of Georgia and the commissioner of banking and finance; to provide for rules and regulations; to provide for civil penalties; to provide for criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding at the end thereof, immediately following Article 10, a new Article 11 to read as follows: ARTICLE 11 7-1-910. It is the purpose of this article to require certain reports and records of transactions involving United States currency where such reports and records have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. 7-1-911. As used in this article, the term: (1) `Commissioner' means the commissioner of banking and finance. (2) `Currency' means currency and coin of the United States.

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(3) `Department' means the Department of Banking and Finance of the State of Georgia. (4) `Financial institution' means: (A) A state or national bank; (B) A trust company; (C) A building and loan association, state savings and loan association, or a federal savings and loan association; (D) A state or federal credit union; or (E) An international bank agency doing business in this state on April 1, 1975, pursuant to the former `International Bank Agency Act,' approved April 6, 1972 (Ga. L. 1972, p. 1140), or authorized to do business in this state pursuant to Article 5 of this chapter. (5) `Person' means natural persons, partnerships, trusts, estates, associations, corporations, and all entities cognizable as legal personalities. 7-1-912. (a) Every financial institution shall keep a record of currency transactions in excess of $10,000.00 and shall file with the department within 15 days of the date of the transaction pursuant to regulations prescribed by the commissioner a complete report of such currency transactions in excess of $10,000.00, provided the department shall be notified by telephone or by wire before the close of business on the next succeeding business day whenever such currency transaction shall be in an amount exceeding $25,000.00. (b) The commissioner shall prescribe such regulations as he may deem appropriate to carry out the purposes of this article and to provide for exemption of such transactions as the commissioner determines are clearly of a legitimate nature for which mandatory reporting would serve no useful purpose. 7-1-913. The Georgia Bureau of Investigation and the Department of Revenue shall have access to and shall be authorized to inspect and copy any reports filed with the department pursuant to this article.

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7-1-914. (a) For each willful violation of this article, the commissioner may assess upon any financial institution and upon any director, officer, or employee thereof who willfully participates in the violation a civil penalty not exceeding $1,000.00. (b) In the event of the failure of any person to pay any penalty assessed under this Code section, a civil action for recovery thereof may, in the discretion of the commissioner, be brought in the name of the State of Georgia. 7-1-915. (a) Except as provided in subsection (b), whoever willfully violates any provision of this article shall be guilty of a misdemeanor. (b) Whoever willfully violates any provision of this article where the violation is: (1) Committed in furtherance of the commission of any other violation of Georgia law; or (2) Committed as part of a pattern of illegal activity involving transactions exceeding $100,000.00 in any 12 month period shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $500,000.00 or by imprisonment for not more than five years, or both. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

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LICENSURE OF PRACTICAL NURSES. Code Section 43-26-39 Amended. No. 1525 (Senate Bill No. 498). AN ACT To amend an Act providing for the licensure of practical nurses, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 333), as amended, so as to provide for the continuation of the Georgia Board of Examiners of Licensed Practical Nurses and the laws relating thereto but to provide for the later termination of that board and those laws; to amend Article 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of practical nurses, so as to provide for the same changes described above; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act providing for the licensure of practical nurses, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 333), as amended, is amended by adding immediately following Section 11 thereof a new Section 11.1 to read as follows: Section 11.1. Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Georgia Board of Examiners of Licensed Practical Nurses and the laws relating thereto are continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor

Page 2223

collect any license fees which were not due and payable prior to the date of termination of the board. Part 2 Section 2. Article 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure of practical nurses, is amended by striking Code Section 43-26-39, which reads as follows: 43-26-39. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Examiners of Licensed Practical Nurses shall be terminated on July 1, 1982, and this article and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8., and inserting in its place a new Code Section 43-26-39 to read as follows: 43-26-39. Pursuant to Code Section 43-2-3 of the Official Code of Georgia Annotated, relating to the continuation or reestablishment of regulatory agencies, the Georgia Board of Examiners of Licensed Practical Nurses and the laws relating thereto are continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. GEORGIA STATE OCCUPATIONAL THERAPY LICENSING ACT. Code Title 43, Chapter 28 Amended. No. 1526 (Senate Bill No. 540). AN ACT To amend an Act known as the Georgia State Occupational Therapy Licensing Act, approved March 31, 1976 (Ga. L. 1976, p. 993), as amended, so as to continue the Georgia State Board of Occupational Therapy and the laws relating thereto but to provide for the later termination of that board and those laws; to amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to provide for the same changes described above as well as to delete certain annual report requirements; to change certain exemptions; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Georgia State Occupational Therapy Licensing Act, approved March 31, 1976 (Ga. L. 1976, p.

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993), as amended, is amended by adding at the end of Section 4 thereof a new subsection (f) to read as follows: (f) Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Georgia State Board of Occupational Therapy and the laws relating thereto are continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Part 2 Section 2. Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, is amended by striking from said chapter subsection (h) of Code Section 43-28-7, which reads as follows: (h) The board shall make an annual report to the Governor not later than November 15 of each year, which report shall contain an account of duties performed, actions taken, and appropriate recommendations. Section 3. Said title is further amended by striking from said chapter paragraphs (5) and (6) of Code Section 43-28-15, which read as follows: (5) Any person performing occupational therapy services in this state not licensed under this chapter if such services are performed for no more than 90 consecutive days a calendar year in

Page 2226

association with an occupational therapist licensed under this chapter, if such person meets the qualifications for license under this chapter, except for the qualifying examination; (6) Any person performing occupational therapy services in the state not licensed under this chapter and if such services are performed for no more than 180 consecutive calendar days in a calendar year, if: (A) Such a person is licensed under the law of another state which has licensure requirements at least as stringent as the requirements of this chapter; or (B) Such a person meets the requirements for certification as an occupational therapist registered (OTR) or a certified occupational therapy assistant (COTA) established by the American Occupational Therapy Association;, by inserting in their place a new paragraph (5) to read as follows: (5) Any person performing occupational therapy services as a consultant in association with an occupational therapist licensed under this chapter if such services are performed for not more than 30 days in a calendar year., and by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively. Section 4. Said title is further amended by striking from said chapter Code Section 43-28-17, which reads as follows: 43-28-17. For the purposes of Chapter 2 of this title, The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Occupational Therapy shall be terminated on July 1, 1982, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8., and inserting in its place a new Code Section 43-28-17 to read as follows: 43-28-17. Pursuant to Code Section 43-2-3 of the Official Code of Georgia Annotated, relating to the continuation or reestablishment

Page 2227

of regulatory agencies, the State Board of Occupational Therapy and the laws relating thereto are continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

Page 2228

HOUSING AUTHORITIES LAW AMENDED, GEORGIA RESIDENTIAL FINANCE AUTHORITY ACT AMENDED. Code Title 8, Chapter 3 Amended. No. 1527 (Senate Bill No. 550). AN ACT To amend the Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, so as to authorize authorities to purchase mortgage loans and other appropriate forms of collateral and participation interests therein from mortgage lenders and other holders of such loans and collateral to provide financing for dwelling units suitable for occupancy by persons and families of low and moderate income; to authorize authorities to make loans to owners and loans to mortgage lenders to finance dwelling units suitable for occupancy by persons and families of low and moderate income; to authorize authorities to mortgage, pledge, assign, or grant security interests in such mortgage loans and other collateral to secure payment of bonds of the authority; to provide that bonds of authorities issued for such purposes may be sold at public or private sale without public advertisement; to provide necessary definitions; to amend an Act known as the Georgia Residential Finance Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, so as to change the provisions relating to the state ceiling on single-family residential housing bonds; to change the provisions relating to allocation of single-family residential housing bonds; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. The Act known as the Housing Authorities Law, approved March 30, 1937 (Ga. L. 1937, p. 210), as amended, is amended by adding at the end of Section 3 new subsections (o), (p), (q), (r), (s), (t), and (u) to read as follows:

Page 2229

(o) `Low and moderate income families' shall mean persons and families of one or more persons, irrespective of race, creed, national origin, or sex determined by the Authority to require such assistance as is made available by this Act on account of insufficient personal or family income, taking into consideration, without limitation, such factors as: (1) The amount of total income of such persons and families available for housing needs; (2) The size of the families; (3) The cost and condition of housing facilities available; (4) The ability of such persons and families to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing sanitary, decent, and safe housing; and (5) If appropriate, standards established for various federal programs with respect to housing determining eligibility based on income of such persons and families. (p) `Eligible housing unit' shall mean real and personal property located in the State constituting single or multifamily dwelling units suitable for occupancy by low and moderate income families and such community facilities as may be incidental or appurtenant thereto. (q) `Mortgage lenders' shall mean national banking associations, banks chartered under the laws of the State, savings and building and loan associations chartered under the laws of the State or of the United States of America, the Federal National Mortgage Association, and federal or state credit unions. The term shall also include mortgage bankers and other financial institutions or governmental agencies which are authorized to deal in mortgages insured or guaranteed by the Federal Government and other entities authorized to extend loans to single-family or multifamily housing under the laws of the State. (r) `Mortgage loans' shall mean notes and other evidences of indebtedness secured by mortgages.

Page 2230

(s) `Mortgaged property' shall mean all properties, real, personal, and mixed, and all interests therein, including grants or subsidies with respect thereto, mortgaged, pledged or otherwise provided in any manner as security for mortgage loans or loans to mortgage lenders. (t) `Mortgages' shall mean security deeds, mortgages, deeds of trust and other instruments granting security interests in real and personal properties constituting eligible housing units. (u) `Community facilities' shall mean the land, buildings, improvements and equipment for such recreational, community, educational, and commercial facilities as the Authority determines improve the quality of an eligible housing unit. Section 2. Said Act is further amended by adding between Sections 8A and 9 thereof a new Section 8B to read as follows: Section 8B. (a) It is hereby found and declared that from time to time there has existed and at the present time there exists an inadequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of the State with low and moderate income; that the inability to finance such single and multifamily dwelling units results in an inability of builders to construct such housing, causing unemployment or underemployment in the housing construction and related businesses and causing a lack of safe and sanitary housing to be available to persons of low and moderate income; that such unemployment or underemployment in the housing construction and related businesses and an inadequate supply of safe and sanitary housing for persons of low and moderate income wastes human resources, increases the public assistance burden of the State, impairs the security of family life, impedes the economic and physical development of the State, adversely affects the welfare and prosperity of all of the people of the State and accordingly creates and fosters conditions adverse to the general health and and welfare of the citizens of the State; that the making available in the manner provided in this section of a more adequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of low and moderate income will result in the alleviation or reduction of the adverse consequences which have resulted and may result from continued unemployment and underemployment in the housing construction

Page 2231

and related businesses and the inadequate supply of such housing for persons of low and moderate income. (b) In addition to the powers otherwise granted in this Act, any Authority shall have the following powers: (1) To purchase mortgage loans, other forms of collateral and participations therein from mortgage lenders and other holders of such collateral and to make commitments therefor; (2) To contract with mortgage lenders for the origination of, or the servicing of, mortgage loans to be made by such mortgage lenders to finance eligible housing units, within the Authority's area of operation and the servicing of the mortgages securing such mortgage loans; (3) To make loans to mortgage lenders, provided that: (A) The proceeds of such loans shall be required to be used by such mortgage lenders for the making of mortgage loans to finance eligible housing units within the Authority's area of operation; and (B) If required by the Authority, the mortgages in connection with the mortgage loans so made, together with any additional security required by the Authority, shall be mortgaged, pledged, assigned or otherwise provided as security for such loans to mortgage lenders; (4) To issue bonds from time to time, in its discretion, to provide funds to purchase mortgage loans or other forms of collateral or participation interests therein from mortgage lenders and to make loans to mortgage lenders and to make direct loans for eligible housing units as herein authorized and to issue refunding bonds for the purpose of refunding or retiring bonds previously issued by it for any such purpose, in accordance with the provisions of this Act, which may include (but are not limited to) bonds on which the principal and the interest are payable: (A) Exclusively from the income and revenues of the Authority from one or more specified mortgage loans or other forms of collateral or participation interests therein or from one or more specific loans to mortgage lenders, regardless of

Page 2232

whether such mortgage loans or other forms of collateral or participation interests therein were purchased or such loans to mortgage lenders were made from the proceeds of such bonds; or (B) From revenues of the Authority generally that are not otherwise pledged or obligated; (5) To exercise any and all rights accorded to the owner and holder of a mortgage under and in accordance with the terms of said instrument and the applicable laws of the State with respect to the mortgaged property, directly or through mortgage lenders or others acting on behalf of the Authority or on behalf of the holders of its bonds, including, but without limitation, the power to foreclose, to forebear enforcement of any remedy on such terms as the Authority shall deem appropriate, to sell the equity of redemption, to purchase the equity of redemption and otherwise to sell and dispose of the mortgaged property, all as shall seem in the best interest of the Authority and the holders of its bonds; and (6) To mortgage, pledge, assign, or grant security interests in any or all of its mortgage loans or other collateral or participations therein, its mortgages and any interest of the Authority created thereby in the underlying real and personal properties covered by such mortgages as security for the payment of the principal of, and interest on, any bonds issued by the Authority, or as security for any agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues from which bonds are payable as security for the payment of the principal of and interest on said bonds and any agreements made in connection therewith. (c) No eligible housing unit shall become subject to the provisions of Section 9 or Section 10 of this Act or entitled to the benefits of Section 21 of this Act solely by reason of having been financed, directly or indirectly, with proceeds of bonds issued by an Authority for the purposes described in this section. (d) Any bonds issued by an Authority as permitted under the terms of this Act which are issued for the purposes described in this section shall be issued in accordance with the provisions of this Act, except that such bonds may be sold at any price which shall be approved by the Authority and may be sold at public or private sale without any public advertisement.

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(e) Bonds of an Authority which are issued for the purposes described in this section shall be confirmed and validated in accordance with the procedures set forth in the Act known as the `Revenue Bond Law,' as amended, and the judgment of validation shall have the same effect as is provided in said Revenue Bond Law. (f) Any action pertaining to issuance of bonds of an Authority issued for the purposes described in this section, the rights of the holders thereof or the security therefor, and any action pertaining to the validation of any such bonds, shall be brought in the superior court of the county in which the eligible housing units to be financed with proceeds of such bonds are located, or if such eligible housing units shall be located in more than one county, in the superior court of any county where any of such eligible housing units are situated. Part 2 Section 3. An Act known as the Georgia Residential Finance Authority Act, approved March 26, 1974 (Ga. L. 1974, p. 975), as amended, is amended by striking subsection (g) of Section 7, which reads as follows: (g) The `state ceiling' on single family residential housing bonds, which is imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, shall be allocated in Georgia between the Georgia Residential Finance Authority and the Urban Residential Finance Authorities according to the following formula: (1) Subject to the limitations of subsection (a) of Section 9 of the Act, the Georgia Residential Finance Authority may issue single family residential housing bonds for any calendar year in an amount not to exceed 85 per cent of the state ceiling for that year, except as otherwise provided by paragraph (2) hereof for calendar year 1981; (2) Subject to the limitations of Section 8 of the Urban Residential Finance Authority Act (Ga. Laws 1979, p. 4662), as now or hereafter amended, all of the urban residential finance authorities created by said Urban Residential Finance Authority Act may issue single family residential housing bonds for any calendar year in a combined amount not to exceed 15 per cent of the state ceiling for that year, except that in calendar year 1981 such urban residential finance authorities may issue single family

Page 2234

residential housing bonds in a combined amount not exceeding $50,000,000.00; (3) If by September 1 of each calendar year the urban residential finance authorities have not issued or have not indicated an intent to issue the maximum amount of single family residential housing bonds authorized in paragraph (2), the Georgia Residential Finance Authority is further authorized to issue additional single family residential housing bonds in an amount equal to the unused portion of the state ceiling authorized for the urban residential finance authorities. Indication of an intent to issue bonds shall be by official board action of the urban residential finance authority and by the provision of written notification thereof to the Georgia State Financing and Investment Commission., in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: (g) (1) As used in this subsection, `urban residential finance authority' means an authority created pursuant to the `Urban Residential Finance Authorities Act for Large Municipalities,' approved April 18, 1979 (Ga. L. 1979, p. 4662), as amended; and `housing authority' means an authority created pursuant to the `Housing Authorities Law,' approved March 30, 1937 (Ga. L. 1937, p. 210), as amended. (2) The `state ceiling' on single family residential housing bonds, which is imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, shall be allocated in Georgia between the Georgia Residential Finance Authority, urban residential finance authorities, and housing authorities as provided in this subsection. (3) (A) Subject to the limitations of subsection (a) of Section 9 of this Act, the Georgia Residential Finance Authority may issue single family residential housing bonds for any calendar year in an amount not to exceed 70% of the ceiling for that year. (B) Subject to the limitations provided by the laws applicable to such authorities, all of the urban residential finance authorities may issue single family residential housing bonds for any calendar year in an amount not to exceed 15% of the state ceiling for that year.

Page 2235

(C) Subject to the limitations provided by the laws applicable to such authorities, all of the housing authorities may issue single family residential housing bonds for any calendar year in an amount not to exceed 15% of the state ceiling for that year. (4) Each housing authority wishing to participate in the allocation specified in subparagraph (C) of paragraph (3) of this subsection shall submit to the executive director of the Georgia Residential Finance Authority: (A) A resolution adopted by the board of directors of the housing authority stating the need and the intention of the authority to issue bonds for single family residential units and stating the amount of the bond issue requested; and (B) A duplicate original of a signed agreement between the housing authority and a proposed underwriter or purchaser of the bonds evidencing the underwriter's or purchaser's intention to buy the bonds. (5) Upon the receipt of the material specified in paragraph (4) of this subsection, the Georgia Residential Finance Authority shall commit to the housing authority which submitted the material the amount of the bonds requested from the allocation specified in subparagraph (C) of paragraph (3) of this subsection. Such commitment shall be binding for 120 days following the receipt by the Georgia Residential Finance Authority of the material specified in paragraph (4) of this subsection. (6) If a housing authority which requested a bond issue under paragraph (4) of this subsection fails to sell the bonds within the 120 day period specified in paragraph (5) of this subsection, the commitment made under said paragraph (5) shall be null and void. If the bonds are sold by the housing authority, the authority shall notify the executive director of the Georgia Residential Finance Authority, and the allocation for housing authorities shall be reduced by the amount of the bonds sold. (7) Any unused portion of any allocation amount not committed for bond sale by September 1 of each calendar year shall be made available after that date to any authority specified in subparagraphs (A), (B), and (C) of paragraph (3) of this subsection;

Page 2236

but any bond sale approved after September 1 shall be subject to the procedures specified in paragraph (4) of this subsection. (8) When the total amount of an allocation has been committed for bond sale, the executive director of the Georgia Residential Finance Authority shall notify the authorities affected by such allocation. Part 3 Section 4. Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the Housing Authorities Law, is amended by adding immediately following Code Section 8-3-3 a new Code Section 8-3-3.1 to read as follows: 8-3-31. As used in this article, the term: (1) `Community facilities' means the land, buildings, improvements, and equipment for such recreational, community, educational, and commercial facilities as the authority determines improve the quality of an eligible housing unit. (2) `Eligible housing unit' means real and personal property located in the state constituting single or multifamily dwelling units suitable for occupancy by low and moderate income families and such community facilities as may be incidental or appurtenant thereto. (3) `Low and moderate income families' means persons and families of one or more persons, irrespective of race, creed, national origin, or sex determined by the authority to require such assistance as is made available by this article on account of insufficient personal or family income, taking into consideration, without limitation, such factors as: (A) The amount of total income of such persons and families available for housing needs; (B) The size of the families; (C) The cost and condition of housing facilities available;

Page 2237

(D) The ability of such persons and families to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing sanitary, decent, and safe housing; and (E) If appropriate, standards established for various federal programs with respect to housing determining eligibility based on income of such persons and families. (4) `Mortgage lenders' means national banking associations, banks chartered under the laws of the state, savings and building and loan associations chartered under the laws of the state or of the United States of America, the Federal National Mortgage Association, and federal or state credit unions. The term shall also include mortgage bankers and other financial institutions or governmental agencies which are authorized to deal in mortgages insured or guaranteed by the federal government and other entities authorized to extend loans for single or multifamily housing under the laws of the state. (5) `Mortgage loans' means notes and other evidences of indebtedness secured by mortgages. (6) `Mortgaged property' means all properties, real, personal, and mixed, and all interests therein, including grants or subsidies with respect thereto, mortgaged, pledged, or otherwise provided in any manner as security for mortgage loans or loans to mortgage lenders. (7) `Mortgages' means security deeds, mortgages, deeds of trust, and other instruments granting security interests in real and personal properties constituting eligible housing units. Section 5. Said Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the Housing Authorities Law, is further amended by adding immediately following Code Section 8-3-34 a new Code Section 8-3-35 to read as follows: 8-3-35. (a) It is found and declared that from time to time there has existed and at the present time there exists an inadequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of the state with low and moderate income; that the inability to finance

Page 2238

such single and multifamily dwelling units results in an inability of builders to construct such housing, causing unemployment or underemployment in the housing construction and related businesses and causing a lack of safe and sanitary housing to be available to persons of low and moderate income; that such unemployment or underemployment in the housing construction and related businesses and an inadequate supply of safe and sanitary housing for persons of low and moderate income wastes human resources, increases the public assistance burden of the state, impairs the security of family life, impedes the economic and physical development of the state, adversely affects the welfare and prosperity of all of the people of the state and accordingly creates and fosters conditions adverse to the general health and welfare of the citizens of the state; that the making available in the manner provided in this Code section of a more adequate supply of funds at interest rates sufficiently low to enable the financing of safe and sanitary single and multifamily dwelling units for citizens of low and moderate income will result in the alleviation or reduction of the adverse consequences which have resulted and may result from continued unemployment and underemployment in the housing construction and related businesses and the inadequate supply of such housing for persons of low and moderate income. (b) In addition to the powers otherwise granted in this article, any authority shall have the following powers: (1) To purchase mortgage loans or other forms of collateral and participations therein from mortgage lenders and other holders of such collateral and to make commitments therefor; (2) To contract with mortgage lenders for the origination of, or the servicing of, mortgage loans to be made by such mortgage lenders to finance eligible housing units within the authority's area of operation and the servicing of the mortgages securing such mortgage loans; (3) To make loans to mortgage lenders, provided that: (A) The proceeds of such loans shall be required to be used by such mortgage lenders for the making of mortgage loans to finance eligible housing units within the authority's area of operation; and

Page 2239

(B) If required by the authority, the mortgages in connection with the mortgage loans so made, together with any additional security required by the authority, shall be mortgaged, pledged, assigned, or otherwise provided as security for such loans to mortgage lenders; (4) To issue bonds from time to time, in its discretion, to provide funds to purchase mortgage loans or other forms of collateral or participation interests therein from mortgage lenders and to make loans to mortgage lenders and to make direct loans for eligible housing units as authorized in this Code section and to issue refunding bonds for the purpose of refunding or retiring bonds previously issued by it for any such purpose, in accordance with the provisions of this article, which may include, but are not limited to, bonds on which the principal and the interest are payable: (A) Exclusively from the income and revenues of the authority from one or more specified mortgage loans or other forms of collateral or participation interests therein from one or more specific loans to mortgage lenders, regardless of whether such mortgage loans or other forms of collateral or participation interests therein were purchased or such loans to mortgage lenders were made from the proceeds of such bonds; or (B) From revenues of the authority generally that are not otherwise pledged or obligated; (5) To exercise any and all rights accorded to the owner and holder of a mortgage under and in accordance with the terms of said instrument and the applicable laws of the state with respect to the mortgaged property, directly or through mortgage lenders or others acting on behalf of the authority or on behalf of the holders of its bonds, including, but without limitation, the power to foreclose, to forebear enforcement of any remedy on such terms as the authority shall deem appropriate, to sell the equity of redemption, to purchase the equity of redemption, and otherwise to sell and dispose of the mortgaged property, all as shall seem in the best interest of the authority and the holders of its bonds; and (6) To mortgage, pledge, assign, or grant security interests in any or all of its mortgage loans or other collateral or participation

Page 2240

interests therein, its mortgages, and any interest of the authority created thereby in the underlying real and personal properties covered by such mortgages as security for the payment of the principal of, and interest on, any bonds issued by the authority, or as security for any agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues from which bonds are payable as security for the payment of the principal of and interest on said bonds and any agreements made in connection therewith. (c) No eligible housing unit shall become subject to the provisions of Code Section 8-3-11 or Code Section 8-3-12 or entitled to the benefits of Code Section 8-3-8 solely by reason of having been financed, directly or indirectly, with proceeds of bonds issued by an authority for the purposes described in this Code section. (d) Any bonds issued by an authority as permitted under the terms of this article which are issued for the purposes described in this Code section shall be issued in accordance with the provisions of this article, except that such bonds may be sold at any price which shall be approved by the authority and may be sold at public or private sale without any public advertisement. (e) Bonds of an authority which are issued for the purposes described in this Code section shall be confirmed and validated in accordance with the procedures set forth in Article 3 of Chapter 82 of Title 36 known as the `Revenue Bond Law,' and the judgment of validation shall have the same effect as is provided in said Revenue Bond Law. (f) Any action pertaining to issuance of bonds of an authority issued for the purposes described in this Code section, the rights of the holders thereof or the security therefor, and any action pertaining to the validation of any such bonds, shall be brought in the superior court of the county in which the eligible housing units to be financed with proceeds of such bonds are located, or if such eligible housing units shall be located in more than one county, in the superior court of any county where any of such eligible housing units are situated. Part 4 Section 6. Code Section 8-3-176 of the Official Code of Georgia Annotated, relating to the general powers of the Georgia Residential

Page 2241

Finance Authority, is amended by striking subsection (g), which reads as follows: (g) The state ceiling on single-family residential housing bonds, which is imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, shall be allocated in Georgia between the Georgia Residential Finance Authority and the urban residential finance authorities according to the following formula: (1) Subject to the limitations of subsection (a) of Code Section 8-3-180, the Georgia Residential Finance Authority may issue single-family residential housing bonds for any calendar year in an amount not to exceed 85 percent of the state ceiling for that year, except as otherwise provided by paragraph (2) of this subsection for calendar year 1981; (2) Subject to the limitations of Section 8 of the `Urban Residential Finance Authority Act for Large Municipalities' (Ga. L. 1979, p. 4662), as now or hereafter amended, all of the urban residential finance authorities created by said `Urban Residential Finance Authority Act' may issue single-family residential housing bonds for any calendar year in a combined amount to exceed 15 percent of the state ceiling for that year, except that in calendar year 1981 such urban residential finance authorities may issue single-family residential housing bonds in a combined amount not exceeding $50 million; (3) If by September 1 of each calendar year the urban residential finance authorities have not issued or have not indicated an intent to issue the maximum amount of single-family residential housing bonds authorized in paragraph (2) of this subsection, the Georgia Residential Finance Authority is further authorized to issue additional single-family residential housing bonds in an amount equal to the unused portion of the state ceiling authorized for the urban residential finance authorities. Indication of an intent to issue bonds shall be by official board action of the urban residential finance authority and by the provision of written notification thereof to the Georgia State Financing and Investment Commission., in its entirety and substituting in lieu thereof a new subsection (g) to read as follows:

Page 2242

(g) (1) As used in this subsection, `urban residential finance authority' means an authority created pursuant to the `Urban Residential Finance Authorities Act for Large Municipalities,' approved April 18, 1979 (Ga. L. 1979, p. 4662), as amended; and `housing authority' means an authority created pursuant to Article 1 of this chapter, known as the `Housing Authorities Law.' (2) The `state ceiling' on single-family residential housing bonds, which is imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, shall be allocated in Georgia between the Georgia Residential Finance Authority, urban residential finance authorities, and housing authorities as provided in this subsection. (3) (A) Subject to the limitations of Code Section 8-3-180, the Georgia Residential Finance Authority may issue single-family residential housing bonds for any calendar year in an amount not to exceed 70 percent of the ceiling for that year. (B) Subject to the limitations provided by the laws applicable to such authorities, all of the urban residential finance authorities may issue single-family residential housing bonds for any calendar year in an amount not to exceed 15 percent of the state ceiling for that year. (C) Subject to the limitations provided by the laws applicable to such authorities, all of the housing authorities may issue single-family residential housing bonds for any calendar year in an amount not to exceed 15 percent of the state ceiling for that year. (4) Each housing authority wishing to participate in the allocation specified in subparagraph (C) of paragraph (3) of this subsection shall submit to the executive director of the Georgia Residential Finance Authority: (A) A resolution adopted by the board of directors of the housing authority stating the need and the intention of the authority to issue bonds for single-family residential units and stating the amount of the bond issue requested; and (B) A duplicate original of a signed agreement between the housing authority and a proposed underwriter or purchaser of the bonds evidencing the underwriter's or purchaser's intention to buy the bonds.

Page 2243

(5) Upon the receipt of the material specified in paragraph (4) of this subsection, the Georgia Residential Finance Authority shall commit to the housing authority which submitted the material the amount of the bonds requested from the allocation specified in subparagraph (C) of paragraph (3) of this subsection. Such commitment shall be binding for 120 days following the receipt by the Georgia Residential Finance Authority of the material specified in paragraph (4) of this subsection. (6) If a housing authority which requested a bond issue under paragraph (4) of this subsection fails to sell the bonds within the 120 day period specified in paragraph (5) of this subsection, the commitment made under said paragraph (5) shall be null and void. If the bonds are sold by the housing authority, the authority shall notify the executive director of the Georgia Residential Finance Authority and the allocation for housing authorities shall be reduced by the amount of the bonds sold. (7) Any unused portion of any allocation amount not committed for bond sale by September 1 of each calendar year shall be made available after that date to any authority specified in subparagraphs (A), (B), and (C) of paragraph (3) of this subsection; but any bond sale approved after September 1 shall be subject to the procedures specified in paragraph (4) of this subsection. (8) When the total amount of an allocation has been committed for bond sale, the executive director of the Georgia Residential Finance Authority shall notify the authorities affected by such allocation. Part 5 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Parts 1 and 2 of this Act shall be repealed effective November 1, 1982. (c) Parts 3 and 4 of this Act shall become effective on November 1, 1982.

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Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. COMPENSATION OF TAX COLLECTORS AND TAX COMMISSIONERS. Code Sections 91A-1373, 48-5-183 Amended. No. 1528 (Senate Bill No. 552). AN ACT To amend Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, so as to change the population classifications; to change the minimum salaries of such officers; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as amended, is amended by striking subsections (b) and (c) of said Code section in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (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 United States Decennial Census

Page 2245

of 1980 or any future such census; provided, however, that, in the event the population of a county according to the United States Decennial Census of 1980 or any future such census is less than its population according to the United States Decennial Census of 1970, the population bracket under which any such county falls for the purposes of this Section shall be determined according to the United States Decennial Census of 1970. 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 05,999 $ 10,935 6,00011,999 $ 13,660 12,00019,999 $ 15,400 20,00029,999 $ 16,400 30,00039,999 $ 17,765 40,00049,999 $ 19,810 50,00099,999 $ 23,230 100,000199,999 $ 26,640 200,000299,999 $ 28,600 300,000up $ 35,000. (c) In any county in which more than 50 percent of the population of the county, according to the United States Decennial Census of 1980 or any future such 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. Part 2 Section 2. Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax collectors and tax commissioners, is amended by striking subsections (b) and (c) of said Code section in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) (1) Any other law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall be fixed

Page 2246

according to the population of the county in which he serves as determined by the United States decennial census of 1980 or any future such census; provided, however, that, in the event the population of a county according to the United States decennial census of 1980 or any future such census is less than its population according to the United States decennial census of 1970, the population bracket under which the county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Except as otherwise provided in paragraph (2) of this subsection, 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 05,999 $ 10,935.00 6,00011,999 13,660.00 12,00019,999 15,400.00 20,00029,999 16,400.00 30,00039,999 17,765.00 40,00049,999 19,810.00 50,00099,999 23,230.00 100,000199,999 26,640.00 200,000299,999 28,600.00 300,000up 35,000.00 (2) Any other law to the contrary notwithstanding, the minimum annual salary of each tax collector and tax commissioner 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 United States decennial census of 1980 or any future such census. Effective July 1, 1983, each such officer shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $ 12,025.00 6,000 - 11,999 15,025.00 12,000 - 19,999 16,940.00 20,000 - 29,999 18,040.00 30,000 - 39,999 19,540.00 40,000 - 49,999 21,790.00 50,000 - 99,999 25,555.00 100,000 - 199,999 29,305.00 200,000 - 299,999 31,460.00 300,000 - and up 38,500.00

Page 2247

(c) In any county in which more than 50 percent of the population of the county, according to the United States decennial census of 1980 or any future such 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) of this Code section shall be deemed to be the total population of the county minus the population of such county which resides on property of the United States government. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

Page 2248

GEORGIA HEALTH CODE AMENDED. Code Chapter 88-19D Enacted. Code Title 49, Chapter 4 Amended. No. 1529 (Senate Bill No. 581). AN ACT To amend Code Title 88, relating to public health, as amended, so as to provide a new Code chapter establishing a system of community care and services for the elderly; to provide for legislative intent; to provide for definitions; to provide for the duties, powers, and functions of the Department of Human Resources, certain lead agencies, assessment teams, and other entities regarding the establishment and administration of a comprehensive and coordinated plan of community care and services for the elderly; to provide for organization, standards, contracts, service areas, progress reports, funding, fees, and contributions; to provide for purposes and goals of the service system and provide for services and their coordination; to provide for priorities; to provide for assessments and certifications; to provide for volunteer services and insurance protection therefor; to provide for rules and regulations; to provide for all other matters relating to the above; to amend the Georgia Medical Assistance Act of 1977, approved March 16, 1977 (Ga. L. 1977, p. 384), as amended, so as to provide for certain actions necessary to obtain reimbursement for community care and services for the elderly; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 88, relating to public health, as amended, is amended by adding immediately following Code Chapter 88-19C a new Code Chapter 88-19D to read as follows:

Page 2249

CHAPTER 88-19D COMMUNITY CARE FOR THE ELDERLY 88-1901D. Legislative intent. The purpose of this Code chapter is to assist functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansion, reorganization, and coordination of various community-based services. In recognition of the desire of older Georgians to reside at home or with their families as long as possible, the General Assembly intends that a continuum of care be established so that functionally impaired elderly persons age 60 and older may be assured the least restrictive environment suitable to their needs. The General Assembly further intends to maximize the utilization of existing community social and health services in order to prevent unnecessary placement of individuals in long-term care facilities. The development of innovative approaches to program management, staff training, and service delivery that impact on cost-avoidance, cost-effectiveness, and program efficiency shall be encouraged. It is further the intent of the General Assembly that the Department of Human Resources shall serve as the agency responsible for planning and implementing the provision of community-based services to the elderly reimbursable under the `Georgia Medical Assistance Act of 1977.' 88-1902D. Definitions. As used in this Code chapter, the term: (1) `Aging Section' means the single organizational unit with the Department of Human Resources responsible for the planning and administration of services under the Older Americans Act of 1965. (2) `Department' means the Department of Human Resources. (3) `Functionally impaired elderly person' means any person 60 years of age or older with physical or mental limitations that restrict individual ability to perform the normal activities of daily living and which impede individual capacity to live independently. (4) The `Georgia Medical Assistance Act of 1977' means that Act approved March 16, 1977 (Ga. L. 1977, p. 386), as amended.

Page 2250

(5) `Lead agency' means one or more agencies designated by the Department of Human Resources to assess services needed by functionally impaired elderly persons, to coordinate and provide community care services to those persons, provide case management, and where necessary, subcontract with providers of service. A lead agency shall be either a private nonprofit entity or any public entity, including but not limited to any organizational unit of the department. (6) `Older Americans Act of 1965' means P.L. 92-258, as amended, upon the effective date of this Code chapter. 88-1903D. Duties, Powers, and Administration. (a) The Department shall establish a community care unit within the aging section. The community care unit shall plan and oversee implementation of a system of coordinate community care and support services for the elderly. The community care unit shall develop uniform assessment criteria that shall be used to determine an individual's functional impairment and to evaluate on a periodic basis the individual's need for community support services or institutionalized long-term care. The community care unit shall also define each community care service and establish standards for the delivery of community care services. Where appropriate, the community care unit shall utilize existing standards and definitions. (b) The Department shall designate specified geographic service areas which shall be defined in such a way as to ensure the efficient delivery of community care services. (c) The Department shall contract with a lead agency to coordinate and provide community care services within each specified geographic service area. (d) Each lead agency shall annually submit to the community care unit for approval a service plan evaluating the community care needs of the functionally impaired elderly, identifying priority services and target client groups, and detailing the means by which community care services will be delivered for the service area of that agency. The plan shall also include projected program costs and fees to be charged for services. The lead agency may exclude from the service plan those individuals eligible for benefits under the `Georgia Medical Assistance Act of 1977,' as amended, for whom there is a reasonable expectation that community-based services would be

Page 2251

more expensive than services the individual would otherwise receive which would have been reimbursable under the `Georgia Medical Assistance Act of 1977,' as amended. (e) The Department shall develop a plan which shall provide for the implementation of a community care system in each of the specified geographic service areas by July 1, 1985. The three-year plan shall be developed concurrent with and integrated into the state plan on aging required under the Older Americans Act of 1965 and shall provide for coordination of all community-based services for the elderly. The three-year plan shall include an inventory of existing services and an analysis comparing the cost of institutional long-term care and the cost of community care and other community-based services for the elderly. The multilayer plan shall be presented to the Board of Human Resources no later than July 31, 1983. (f) At the end of the three-year implementation period an annual community care service plan shall be incorporated into the state plan on aging. (g) The Department shall submit on January 1 of each year, beginning in 1984, a progress report on the implementation of the plan required by subsection (e) of this Code section to the Speaker of the House of Representatives, the President of the Senate, the Chairman of the House Health and Ecology Committee, and the Chairman of the Senate Human Resources Committee. (h) In accordance with rules promulgated by the Department, lead agencies may collect fees for community care case management and other services. Such fees shall be established on a sliding scale based upon income and economic need. Fees will not be charged those individuals for the mandatory assessment described in subsection (e) of Code Section 1904D. Lead agencies may accept contributions of money or contributions in kind from functionally impaired elderly persons, members of their families, or other interested persons or organizations. Such contributions may not be a condition of services and shall only be used to further the provision of community care services. (i) Funding for services under this Code chapter shall be in addition to and not in lieu of funding for existing community services for the elderly. The Department and the lead agency shall ensure that all other funding sources available, including reimbursement under

Page 2252

the `Georgia Medical Assistance Act of 1977' and the Older Americans Act of 1965, have been used prior to utilizing state funds for community care for the elderly. 88-1904D. Community Care for the Elderly Program. (a) Each lead agency shall be responsible for the establishment of a community care service system which shall have as its primary purpose the prevention of unnecessary institutionalization of functionally impaired elderly persons through the provision of community-based services. Each community care service system shall provide no fewer than six of the services listed in subsection (c) of this Code section, four of which shall include case management, assessment of functional impairment and needed community services, homemaker, and home health care services. Case management services shall be provided to each community care service recipient to ensure that arrangements are made for appropriate services. If independent living is no longer possible for a functionally impaired elderly person, the case manager shall assist the person in locating the most appropriate, least restrictive, and most cost-beneficial alternative living arrangement. (b) All existing community resources available to the functionally impaired elderly person shall be coordinated into the community care service system to provide a continuum of care to such persons. The lead agency shall establish agreements, policies, and procedures for service integration and referral mechanisms with such programs. (c) Services to be coordinated by the lead agency shall include, without being limited to, the following: (1) Case management; (2) Assessment of functional impairment and needed community services; (3) Homemaker services; (4) Home health care services; (5) In-home personal care services; (6) Adult day health services;

Page 2253

(7) Adult day care; (8) Habilitation services; (9) Respite care; (10) Older Americans Act services, including transportation, nutritional, social, and other services; (11) Title XX services; (12) Senior center services; (13) Protective services; (14) Financial assistance services, including, but not limited to, food stamps, Medicaid, Medicare, and Supplemental Security Income; (15) Health maintenance services; and (16) Other community services. (d) Priority in provision of community care services shall be given to those individuals who have been certified for skilled or intermediate institutional nursing care service benefits conferred by the `Georgia Medical Assistance Act of 1977' and who need home and community-based services in order to avoid institutionalization. Services may be provided to other functionally impaired persons as resources allow, as determined by the Department. Priority in provision of community care services to such other persons will be based on economic, social, and medical needs. (e) All individuals seeking certification for benefits conferred by the `Georgia Medical Assistance Act of 1977,' as amended, to be used to pay the cost of placement in a long-term care facility or individuals who would be eligible for such benefits within 180 days of nursing home admission, shall, as a precondition to that certification, undergo evaluation by an assessment team designated by the lead agency to determine if institutionalization can be avoided by provision of more cost-effective community-based services. If the individual being evaluated requires community-based services which, over a twelve-month period, would cost more than the cost of care in a long-term care

Page 2254

facility, then such community-based services shall not be deemed cost effective. Such cost-effective determination shall apply to each case management evaluation. The assessment team shall, at a minimum, consist of a physician, a registered nurse, and a social worker. Whenever possible, the assessment team shall be responsible for the precertification for nursing home placement and determination of the appropriate level of care, as required by the State Plan for Medical Assistance, as defined in the `Georgia Medical Assistance Act of 1977.' (f) The decision of the assessment team shall be forwarded to the agency designated in the State Plan for Medical Assistance, as defined in the `Georgia Medical Assistance Act of 1977,' as responsible for the certification of benefits for individuals. If the assessment team and the case manager have determined that an individual could be better and more cost-effectively served in the community, said agency shall not certify said individual for skilled or intermediate institutional nursing care service benefits until the lead agency has informed that individual of the availability of community-based services within the lead agency's geographic service area and of the right of that individual to choose to receive those services as an alternative to placement in a long-term care facility. That individual shall advise the lead agency of that individual's choice of service alternatives. If that individual is otherwise eligible for those benefits for which certification is sought, the agency responsible for certification of benefits shall certify the individual either for placement in a long-term care facility or for receiving community-based services, as the individual advised the lead agency. The evaluation and certification shall be completed in a timely manner. (g) The lead agency shall seek to utilize volunteers to provide community services for functionally impaired elderly persons. The Department may provide appropriate insurance coverage to protect volunteers from personal liability while acting within the scope of their volunteer assignments in the community care service system. Coverage may also include excess automobile liability protection. 88-1905D. The Department shall adopt rules and regulations necessary to implement the provisions of this Code chapter. Section 2. The Georgia Medical Assistance Act of 1977, approved March 16, 1977 (Ga. L. 1977, p. 384), as amended, is amended by adding immediately preceding Section 16 thereof a new Section 15B to read as follows:

Page 2255

Section 15B. Reimbursement for Community Care for Elderly. It is the intention of the General Assembly that the Department of Medical Assistance be authorized to take those actions necessary to provide reimbursement for services rendered under Code Chapter 88-19D, relating to community care for the elderly. Part 2 Section 3. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated is amended by adding following Code Section 49-4-156 a new Code Section 49-4-156.1 to read as follows: 49-4-156.1. It is the intention of the General Assembly that the Department of Medical Assistance be authorized to take those actions necessary to provide reimbursement under this article for services rendered under Article 5 of Chapter 6 of Title 49, relating to community care for the elderly. Section 4. Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, is amended by adding at the end thereof a new Article 5 to read as follows: Article 5 49-6-60. The purpose of this chapter is to assist functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansion, reorganization, and coordination of various community-based services. In recognition of the desire of older Georgians to reside at home or with their families as long as possible, the General Assembly intends that a continuum of care be established so that functionally impaired elderly persons age 60 and older may be assured the least restrictive environment suitable to their needs. The General Assembly further intends to maximize the utilization of existing community social and health services in order to prevent unnecessary placement of individuals in long-term care facilities. The development of innovative approaches to program management, staff training, and service delivery that impact on cost avoidance, cost effectiveness, and program efficiency shall be encouraged. It is further the intent of the General Assembly that the Department of Human Resources shall serve as the agency responsible for planning and implementing the provision of community-based services to the elderly reimbursable under the `Georgia Medical Assistance Act of 1977.'

Page 2256

49-6-61. As used in this chapter, the term: (1) `Aging Section' means the single organizational unit with the Department of Human Resources responsible for the planning and administration of services under the Older Americans Act of 1965. (2) `Department' means the Department of Human Resources. (3) `Functionally impaired elderly person' means any person 60 years of age or older with physical or mental limitations that restrict individual ability to perform the normal activities of daily living and which impede individual capacity to live independently. (4) The `Georgia Medical Assistance Act of 1977' means Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated. (5) `Lead agency' means one or more agencies designated by the Department of Human Resources to assess services needed by functionally impaired elderly persons, to coordinate and provide community care services to those persons, provide case management, and where necessary, subcontract with providers of service. A lead agency shall be either a private nonprofit entity or any public entity, including but not limited to any organizational unit of the department. (6) `Older Americans Act of 1965' means P.L. 92-258, as amended, upon the effective date of this chapter. 49-6-62. (a) The department shall establish a community care unit within the aging section. The community care unit shall plan and oversee implementation of a system of coordinated community care and support services for the elderly. The community care unit shall develop uniform assessment criteria that shall be used to determine an individual's functional impairment and to evaluate on a periodic basis the individual's need for community support services or institutionalized long-term care. The community care unit shall also define each community care service and establish standards for the delivery of community care services. Where appropriate, the community care unit shall utilize existing standards and definitions.

Page 2257

(b) The department shall designate specified geographic service areas which shall be defined in such a way as to ensure the efficient delivery of community care services. (c) The department shall contract with a lead agency to coordinate and provide community care services within each specified geographic service area. (d) Each lead agency shall annually submit to the community care unit for approval a service plan evaluating the community care needs of the functionally impaired elderly, identifying priority services and target client groups, and detailing the means by which community care services will be delivered for the service area of that agency. The plan shall also include projected program costs and fees to be charged for services. The lead agency may exclude from the service plan those individuals eligible for benefits under the `Georgia Medical Assistance Act of 1977,' as amended, for whom there is a reasonable expectation that community-based services would be more expensive than services the individual would otherwise receive which would have been reimbursable under the `Georgia Medical Assistance Act of 1977,' as amended. (e) The department shall develop a plan which shall provide for the implementation of a community care system in each of the specified geographic service areas by July 1, 1985. The three-year plan shall be developed concurrent with and integrated into the state plan on aging required under the Older Americans Act of 1965 and shall provide for coordination of all community-based services for the elderly. The three-year plan shall include an inventory of existing services and an analysis comparing the cost of institutional long-term care and the cost of community care and other community-based services for the elderly. The multiyear plan shall be presented to the Board of Human Resources no later than July 31, 1983. (f) At the end of the three-year implementation period an annual community care service plan shall be incorporated into the state plan on aging. (g) The department shall submit on January 1 of each year, beginning in 1984, a progress report on the implementation of the plan required by subsection (e) of this Code section to the Speaker of the House of Representatives, the President of the Senate, the Chairman of the House Health and Ecology Committee, and the Chairman of the Senate Human Resources Committee.

Page 2258

(h) In accordance with rules promulgated by the department, lead agencies may collect fees for community care case management and other services. Such fees shall be established on a sliding scale based upon income and economic need. Fees will not be charged those individuals for the mandatory assessment described in subsection (e) of Code Section 46-6-63. Lead agencies may accept contributions of money or contributions in kind from functionally impaired elderly persons, members of their families, or other interested persons or organizations. Such contributions may not be a condition of services and shall only be used to further the provision of community care services. (i) Funding for services under this chapter shall be in addition to and not in lieu of funding for existing community services for the elderly. The department and the lead agency shall ensure that all other funding sources available, including reimbursement under the `Georgia Medical Assistance Act of 1977' and the Older Americans Act of 1965, have been used prior to utilizing state funds for community care for the elderly. 49-6-63. (a) Each lead agency shall be responsible for the establishment of a community care service system which shall have as its primary purpose the prevention of unnecessary institutionalization of functionally impaired elderly persons through the provision of community-based services. Each community care service system shall provide no fewer than six of the services listed in subsection (c) of this Code section, four of which shall include case management, assessment of functional impairment and needed community services, homemaker, and home health care services. Case management services shall be provided to each community care service recipient to ensure that arrangements are made for appropriate services. If independent living is no longer possible for a functionally impaired elderly person, the case manager shall assist the person in locating the most appropriate, least restrictive, and most cost beneficial alternative living arrangement. (b) All existing community resources available to the functionally impaired elderly person shall be coordinated into the community care service system to provide a continuum of care to such persons. The lead agency shall establish agreements, policies, and procedures for service integration and referral mechanisms with such programs.

Page 2259

(c) Services to be coordinated by the lead agency shall include, without being limited to, the following: (1) Case management; (2) Assessment of functional impairment and needed community services; (3) Homemaker services; (4) Home health care services; (5) In-home personal care services; (6) Adult day health services; (7) Adult day care; (8) Habilitation services; (9) Respite care; (10) Older Americans Act services, including transportation, nutritional, social, and other services; (11) Title XX services; (12) Senior center services; (13) Protective services; (14) Financial assistance services, including, but not limited to, food stamps, Medicaid, Medicare, and Supplemental Security Income; (15) Health maintenance services; and (16) Other community services. (d) Priority in provision of community care services shall be given to those individuals who have been certified for skilled or intermediate institutional nursing care service benefits conferred by the `Georgia Medical Assistance Act of 1977' and who need home and

Page 2260

community-based services in order to avoid institutionalization. Services may be provided to other functionally impaired persons as resources allow, as determined by the department. Priority in provision of community care services to such other persons will be based on economic, social, and medical needs. (e) All individuals seeking certification for benefits conferred by the `Georgia Medical Assistance Act of 1977,' as amended, to be used to pay the cost of placement in a long-term care facility or individuals who would be eligible for such benefits within 180 days of nursing home admission, shall, as a precondition to that certification, undergo evaluation by an assessment team designated by the lead agency to determine if institutionalization can be avoided by provision of more cost-effective community-based services. If the individual being evaluated requires community-based services which, over a twelve-month period, would cost more than the cost of care in a long-term care facility, then such community-based services shall not be deemed cost effective. Such cost-effective determination shall apply to each case management evaluation. The assessment team shall, at a minimum, consist of a physician, a registered nurse, and a social worker. Whenever possible, the assessment team shall be responsible for the precertification for nursing home placement and determination of the appropriate level of care, as required by the State Plan for Medical Assistance, as defined in the `Georgia Medical Assistance Act of 1977.' (f) The decision of the assessment team shall be forwarded to the agency designated in the State Plan for Medical Assistance, as defined in the `Georgia Medical Assistance Act of 1977,' as responsible for the certification of benefits for individuals. If the assessment team and the case manager have determined that an individual could be better and more cost effectively served in the community, said agency shall not certify said individual for skilled or intermediate institutional nursing care service benefits until the lead agency has informed that individual of the availability of community-based services within the lead agency's geographic service area and of the right of that individual to choose to receive those services as an alternative to placement in a long-term care facility. That individual shall advise the lead agency of that individual's choice of service alternatives. If that individual is otherwise eligible for those benefits for which certification is sought, the agency responsible for certification of benefits shall certify the individual either for placement in a long-term care facility or for receiving community-based services, as the individual advised the lead agency. The evaluation and certification shall be completed in a timely manner.

Page 2261

(g) The lead agency shall seek to utilize volunteers to provide community services for functionally impaired elderly persons. The department may provide appropriate insurance coverage to protect volunteers from personal liability while acting within the scope of their volunteer assignments in the community care service system. Coverage may also include excess automobile liability protection. 49-6-64. The department shall adopt rules and regulations necessary to implement the provisions of this chapter. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. GEORGIA COMMISSION ON STATE GROWTH POLICY ACT. Code Title 50, Chapter 21 Enacted. No. 1530 (Senate Bill No. 601). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a Georgia Commission

Page 2262

on State Growth Policy; to provide a short title; to provide for findings and purpose; to provide for functions and duties of the commission; to provide for intergovernmental relations; to provide for meetings and hearings; to provide for an executive director and other staff; to provide a termination 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. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding immediately following Chapter 20 a new chapter, to be designated Chapter 21, to read as follows: CHAPTER 21 50-21-1. This chapter shall be known and may be cited as the `Georgia Commission on State Growth Policy Act.' 50-21-2. (a) The General Assembly finds and declares that there is a need for an official body to: (1) Advise the executive and legislative branches of state government on the roles of state and local governments in the provision of orderly growth and development in our state; (2) Study problems and recommend solutions concerning intergovernmental aspects of governmental structure, finance, functions, and relationships at the local, regional, state, and interstate levels; (3) Establish a regular system of reporting to state and local public officials on the progress of Georgia and its political subdivisions toward meeting their intergovernmental responsibilities; (4) Encourage and recommend methods of effective and efficient delivery of services where necessary and economically feasible at the state and local levels through services integration and combination of complementary services delivery functions; and (5) Advise the executive and legislative branches of state government and other interested parties on intergovernmental relations.

Page 2263

(b) It is the purpose of this chapter to improve coordination and cooperation among the state and its local governments, to give proper attention to the preservation of Georgia's natural and human resources, and to promote improvements within the inter-governmental system to assure cost effectiveness in the delivery of governmental services to the people of Georgia. 50-21-3. (a) There is created a Georgia Commission on State Growth Policy. The commission shall be assigned to the Department of Community Affairs for administrative purposes. The commission shall be composed of 15 members as follows: three members of the Senate appointed by the President of the Senate; three members of the House of Representatives appointed by the Speaker of the House of Representatives; and nine members appointed by the Governor, two of whom shall be elected city officials and two of whom shall be elected county officials. (b) Members of the General Assembly shall be appointed to terms which correspond to their terms of office. Members appointed by the Governor shall be appointed to two-year terms. (c) If a representative of the counties or of the cities or a legislator ceases to be an officer or a member of the unit he is appointed to represent, his membership on the commission shall terminate immediately and there will be a vacancy in the membership. Within 30 days, such vacancy shall be filled in the manner of the regular appointment; and the person so appointed shall serve only to the end of the unexpired term and until his successor is appointed and qualified. All members may be reappointed. (d) The commission shall elect a chairman and a vice-chairman and such other officers as it may deem necessary. The chairman and the vice-chairman shall serve for one year and may be reelected. If both the chairman and the vice-chairman are absent at any meeting, the voting members present shall elect a temporary chairman by a majority vote. (e) The presiding officers of the General Assembly shall be guided in their appointments by consideration of the legislator's expertise, interest, and experience, including legislative committee service in the field of intergovernmental relations.

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(f) Eight members of the commission shall constitute a quorum. 50-21-4. (a) The commission shall: (1) Serve as a forum for the discussion and study of intergovernmental problems, focusing on intergovernmental relations, growth and development of the state fiscal policies, service delivery, and the relations between urban and rural areas; (2) Examine proposed and existing federal and state programs, assess their impact upon the state and its political subdivisions, and provide for such assessments and recommendations, when appropriate, to the General Assembly, the Governor, or any other group, public or private, whose activities affect intergovernmental relations; (3) Encourage the coordination of studies relating to intergovernmental relations conducted by universities; state, local, and federal agencies; and research and consulting organizations; (4) Issue annual reports of its findings and recommendations to be transmitted to the Governor and the presiding officer of each house of the General Assembly not less than 30 days prior to the convening of each regular session of the General Assembly. Such report shall set forth the reasons and supporting data for each recommendation and shall, if appropriate, include draft legislation to implement such recommendations; (5) Issue special or interim reports on special subjects as it may deem appropriate; and (6) Give careful study to tax equity issues as related to the state and local governments and file a report with the Governor and the General Assembly no later than December 1, 1983. (b) The commission is authorized to contract with the state or its political subdivisions, the federal government, or any other entity, public or private, for its stated purpose. 50-21-5. In its role of examining growth, development, and intergovernmental issues, the commission shall coordinate and cooperate with the Department of Community Affairs and any other agency or activity concerned with intergovernmental relationships.

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50-21-6. (a) The commission shall hold meetings quarterly and at such other times as it deems necessary, except that the first meeting shall be at the call of the Governor. The commission may hold hearings from time to time on matters that it deems to be in the public interest. Such meetings and hearings shall be public. (b) Each officer, board, commission, council, department, or agency of state government and each political subdivision of the state shall, when not inconsistent with any law, rule, or regulation regarding confidentiality, make available facts, records, information, and data requested by the commission and in all ways cooperate with the commission in carrying out the functions and duties imposed by this chapter. (c) The commission may establish committees as it deems advisable and feasible, the membership of which may or may not be made up, in whole, from members of the commission. (d) The commission shall promulgate rules of procedure governing its operations. 50-21-7. The commission shall utilize the staff and resources of the Georgia Department of Community Affairs in accordance with that department's responsibilities as contained in Chapter 8 of Title 50. The commissioner of community affairs, or his designee, shall serve as staff coordinator of the commission. 50-21-8. The provisions of this chapter and the Georgia Commission on State Growth Policy shall be continued until December 31, 1984, at which time the commission and this chapter shall be terminated and stand repealed in their entirety. Section 2. This Act shall become effective January 1, 1983. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

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COMPOSITE STATE BOARD OF MEDICAL EXAMINERS. Code Section 84-902(d) Enacted. Code Title 43, Chapter 34 Amended. No. 1531 (Senate Bill No. 604). AN ACT To amend Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and those laws; to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and orthotists, so as to provide for the same change described above as well as to provide for a Physician's Assistants Advisory Committee and its duties and functions; to provide for a physician's assistant advisor to the Composite State Board of Medical Examiners who shall serve ex officio without a vote; to provide for license display by doctors of medicine; to remove certain prohibitions regarding corporate practice by doctors of medicine; to repeal Article 3 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, known as the Orthotists Practice Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 84-9, relating to the Composite State Board of Medical Examiners, as amended, is amended by adding at the end of Code Section 84-902 a new subsection (d) to read as follows: (d) Pursuant to Section 9 of `The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,' approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Composite State Board of Medical Examiners and the laws relating thereto are hereby continued until July 1, 1988, at which time the Board shall be terminated. Upon its termination, the Board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the Board shall

Page 2267

not be reduced or otherwise limited. The laws relative to the Board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the Board shall stand repealed in their entirety. During the termination period, the Board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the Board. Part 2 Section 2. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, osteopaths, and orthotists, is amended by striking Code Section 43-34-2 in its entirety and inserting in lieu thereof a new Code Section 43-34-2 to read as follows: 43-34-2. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Composite State Board of Medical Examiners shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 3. Said chapter is further amended by adding a new subsection (e) at the end of Code Section 43-34-21 to read as follows: (e) (1) The board shall appoint a Physician's Assistants Advisory Committee composed of four physicians, at least two of whom shall be members of the board, and four certified physician's assistants, who shall each serve for terms of office of two years and until their successors are appointed and qualified. The committee shall review matters to come before the board which relate to physician's assistants, including but not limited to applicants for physician's assistant certification and recertification and education requirements therefor, and proposed board regulations concerning physician's assistants. The committee shall periodically make recommendations to the board regarding matters reviewed. The members of the advisory committee, except for the physicians who are members of the board, shall receive no compensation, allowances, or expenses. (2) The committee shall appoint a physician's assistant in an advisory capacity to the board. The advisory person shall serve

Page 2268

at the pleasure of the committee as an ex officio advisor to the board in all matters relating to physician's assistants and shall share in the privileges and benefits of the board without a vote. Section 4. Said chapter is further amended by adding a new subsection (c) at the end of Code Section 43-34-35 to read as follows: (c) Every person holding a license issued by the board under this article shall display it is a conspicuous place in the licensee's principal place of practice. Section 5. Said chapter is further amended by striking paragraph (9) of subsection (a) of Code Section 43-34-37 in its entirety and inserting in lieu thereof a new paragraph (9) to read as follows: (9) Knowingly maintained a professional connection or association with any person who is in violation of this chapter or the rules or regulations of the board; or knowingly aided, assisted, procured, or advised any person to practice medicine contrary to this chapter or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or entity to practice medicine; or divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient;. Section 6. Article 3 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, known as the Orthotists Practice Act, is repealed in its entirety. Part 3 Section 7. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. REGISTRATION OF PROFESSIONAL ENGINEERING FIRMS. Code Section 43-15-23 Amended. No. 1532 (Senate Bill No. 616). AN ACT To amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to provide for the registration of all firms, corporations, professional corporations, partnerships, associations, or other entities practicing or offering to practice professional engineering services in the State of Georgia; to provide for procedures 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. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, is amended by striking Code Section 43-15-23 in its entirety and substituting a new Code Section 43-15-23 to read as follows: 43-15-23. (a) The practice of or offer to practice professional engineering, as defined in this chapter, by individual professional engineers registered under this chapter through a firm, corporation, professional corporation, partnership, association, or other entity offering engineering services to the public or by a firm, corporation, professional corporation, partnership, association, or other entity offering engineering services to the public through individual registred

Page 2270

professional engineers as agents, employees, officers, or partners is permitted subject to the provisions of this chapter; provided, however, that one or more of the principals, officers, or partners of said firm, corporation, professional corporation, partnership, association, or other entity and all personnel of such firm, corporation, partnership, association, or entity who act in its behalf as professional engineers in this state shall be registered as provided in this chapter; and further provided that said firm, corporation, professional corporation, partnership, association, or entity has been issued a certificate of authorization by the board as provided in this chapter. (b) A firm, corporation, professional corporation, partnership, association, or other entity desiring a certificate of authorization shall file with the board an application upon a form to be prescribed by the board and accompanied by the registration fee prescribed by the board. (c) (1) A corporation or professional corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board members of the corporation, including the principal officer or officers duly registered to practice professional engineering in this state and of an individual or individuals duly registered to practice professional engineering within this state who shall be in responsible charge of the practice of professional engineering in this state by said corporation. (2) A partnership shall file with the board, using a form provided by the board, the names and addresses of all partners of the partnership, including the partner or partners duly registered to practice professional engineering in this state and of an individual or individuals duly registered to practice professional engineering in this state who shall be in responsible charge of the practice of professional engineering in this state by said partnership. (3) Any firm, association, or entity which is not a corporation, professional corporation, or partnership shall file with the board, using a form provided by the board, the names and addresses of all principals of the firm, association, or entity duly registered to practice professional engineering in this state who shall be in responsible charge of the practice of professional engineering in this state by said firm, association, or other entity.

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(4) The forms provided in paragraphs (1) through (3) of this subsection must accompany an annual renewal fee prescribed by the board. In the event there shall be a change in any of these persons during the year, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partnership, association, or entity within 30 days after the effective date of the change. (d) (1) After all of the requirements of this Code section have been complied with, the board shall issue to such firm, corporation, professional corporation, partnership, association, or other entity a certificate of authorization. (2) The board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate or if the board shall determine that any of the officers, directors, principals, agents, or employees of the entity to be licensed are not persons of good character. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. REGISTRATION, ETC. OF PROFESSIONAL ENGINEERS ENFORCEMENT. Code Title 43, Chapter 15 Amended. No. 1533 (Senate Bill No. 617). AN ACT To amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of professional engineers and

Page 2272

land surveyors, so as to change the provisions relating to enforcement of said chapter; to provide for duties of certain public officials; to prohibit the use of certain words for advertisement purposes; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of professional engineers and land surveyors, is amended by adding at the end of Code Section 43-15-27 a new subsection, to be designated subsection (c), to read as follows: (c) Except as provided in Code Section 25-2-14, it shall be the duty of all public officials charged with the responsibility of enforcing codes related to construction to require compliance with Code Section 43-15-24 before engineering plans, drawings, and specifications are approved by construction. Except as provided in Code Section 25-2-14, no construction which is subject to Code Section 43-15-24 and which requires the service of an engineer shall be built without such approval prior to construction. Section 2. Said chapter is further amended by adding at the end of Code Section 43-15-30 a new subsection, to be designated subsection (f), to read as follows: (f) Any person offering services to the public who uses by name, verbal claim, sign, advertisement, directory listing, or letterhead the words `Engineer,' `Engineers,' `Professional Engineering,' `Engineering,' or `Engineered' shall be guilty of a misdemeanor unless said person has complied with the provisions of this chapter. Section 3. This Act shall become effective November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

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SALE OR DISPOSITION OF FORFEITED PROPERTY. Code Section 16-13-49 Amended. No. 1534 (Senate Bill No. 642). AN ACT To amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures with respect to controlled substances, so as to provide that money and currency which is forfeited or which is realized from the sale or disposition of forfeited property and paid into the county treasury may be expended by the county for law enforcement purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures with respect to controlled substances, is amended by striking in its entirety paragraph (2) of subsection (f) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Money and currency which is forfeited or which is realized from the sale or disposition of forfeited property shall vest in the county within which it is found and shall be paid into the county treasury as county funds. Except as otherwise provided in subparagraph (B) of paragraph (1) of this subsection, the county may expend or use such funds for law enforcement purposes. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

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STATE PERSONNEL BOARD EMPLOYEE CHARITABLE, ETC. CONTRIBUTIONS. Code Title 45, Chapter 20 Amended. No. 1535 (Senate Bill No. 703). AN ACT To provide for a declaration of purpose; to define certain terms; to authorize all state agencies, boards, commissions, departments, and authorities to accept and process payroll deduction authorizations and deduct funds from salaries of officers and employees for contribution to eligible charitable health and human care organizations; to provide that such deductions be on a voluntary basis; to provide for confidentiality; to prohibit coercion; to provide for sanctions; to provide for the State Personnel Board to promulgate rules and regulations; to provide qualifying criteria for charitable organizations which desire to receive funds; to provide that deduction from salaries for charitable purposes is a privilege; to provide for release from liability to administering employees or officials; to provide a limit for administrative overhead and for distribution of funds; to amend the Official Code of Georgia Annotated accordingly; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Declaration of purpose. It is the purpose of this Act to permit voluntary deductions from wages or salaries of employees of the State of Georgia for the benefit of eligible charitable health and human care organizations and to provide for the distribution of funds collected through a process which involves minimal disruption of work time and provides reasonable assurance to the employees that their contributions are well used. Section 2. Definitions. (a) Agency means any state agency, board, commission, department, authority, or administrative unit having full-time paid state employees. Agency does not include the State Board of Regents or institutions thereunder.

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(b) Board means the State Personnel Board. (c) Charitable organization means any voluntary health and welfare agency that is a private, self-governing, nonprofit organization financed primarily by contributions from the public and chartered or authorized to do business in the State of Georgia. Each organization must also be exempt from taxation by Georgia Code Annotated 91A-3605, as now or hereafter amended, one to which contributions are authorized as deductible by Section 170 of the United States Internal Revenue Code of 1954, as amended, and qualify as an organization as defined in Section 501(c)(3) of the United States Internal Revenue Code. Religious organizations are excluded from the definition except where a health and human care function is operated on a nonsectarian basis with a distinct and separate budget for this function. (d) Employee means any person receiving a payroll check from the state for personal service to an agency as defined in this Act. Employee does not include those persons receiving a payroll check issued by a county. (e) Eligible voluntary charitable organizations shall mean an organization: (1) That actively conducts health or welfare programs and provides services to individuals directed at one or more of the following common human needs within a community: service, research, and education in the health field; family and child care services; protective services for children and adults; services for children and adults in foster care; services related to the management and maintenance of the home; day care services for adults; transportation services; information, referral, and counseling services; the preparation and delivery of meals; adoption services; emergency shelter, care, and relief services; safety services; neighborhood and community organization services; recreation services; social adjustment and rehabilitation services; health support services; or a combination of services enumerated in this Act designed to meet the special needs of specific groups, such as children and youth, the aged, the ill and infirm, and the physically handicapped; (2) That provides direct and substantial services on a statewide basis or that is one of the federated charitable organizations

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that coordinates fund raising and allocations for local charitable organizations in the various geographic areas in which employees are solicited; (3) That observes a policy and practice of nondiscrimination on the basis of race, color, religion, sex, or national origin, in accordance with law, applicable to persons served by the agency, to agency staff employment, and to membership on the agency's governing board; (4) That does not expend a substantial portion of its efforts to influence the outcome of elections or the determination of public policy. (f) Health and welfare agencies which are members of a federated, nonsectarian, nonpolitical, eligible voluntary charitable organization shall also be deemed to be eligible voluntary charitable organizations, subject to such rules and regulations as the board may prescribe. Section 3. Policy body. The State Personnel Board shall serve as the policy-setting body for administration of this Act and shall have full power to promulgate, adopt, amend, or revoke such rules and regulations consistent herewith as may be necessary to implement this Act and specifically including authority to establish procedures under which charitable organizations may be evaluated for inclusion in the charitable deductions program. Such procedures may establish minimum participation levels based upon number of employees making a designated contribution, dollar amounts of designated contributions, or other factors as decided by the board and may exclude otherwise eligible charitable organizations for failure to attain a minimum participation level. Section 4. Deductions authorized. (a) Any agency is authorized to deduct from the salaries or wages of its employees amounts designated by the employee for the purpose of contribution to charitable organizations. No such deduction procedure shall be implemented without the approval of the head of the agency. (b) No deduction shall be made without the written request of the employee, which request shall designate the amount which is to be deducted. Deductions shall be made monthly or to coincide with each pay period as determined by the head of the agency. No deduction

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shall be made for less than one dollar per deduction period nor for less than one dollar per designated charitable organization. Employees shall be clearly apprised, on solicitation materials, of the manner in which funds will be distributed. All deduction authorizations shall remain continuously in effect until changed or canceled in writing by the employee. No deduction shall be made for the benefit of any organization which fails to qualify as otherwise provided herein. Section 5. Confidentiality; coercion prohibited. (a) No person shall disclose to any other person names of contributors or the amounts or designations of authorized charitable deductions of another, except as is necessary to accomplish the purpose of this Act or as otherwise authorized in writing by the person whose contributions are sought to be disclosed. Provided, however, that this prohibition against disclosure shall not bar appropriate state or federal tax authorities from access necessary to establish the tax status of charitable organizations receiving these funds. (b) No person shall pressure, coerce, or in any way intimidate any employee to have charitable deductions made from the employee's salary or with reference to the amount of deductions to be made. The head of each agency shall review any violations or alleged violations of this section and assure that appropriate action is taken, which may include, without being limited to, discharge from employment, consistent with policies of the agency and with rules and regulations of the State Personnel Board. Section 6. Distribution of funds. The board shall promulgate regulations necessary and expedient to accomplishing the distribution of funds deducted from employees' salaries, honoring employee designations and in keeping with requirements provided in this Act. Undesignated funds shall be fairly and impartially distributed as determined by the board. Section 7. Administrative expense. The state shall be reimbursed by participating charitable organizations, in direct proportion to their receipts, for its additional, direct cost of making deductions and remitting the proceeds. To minimize time and administrative expense, activities related to the management of the funds, such as preparation of materials, solicitor training, fiscal agent duties, and similar activities, may be delegated by the board to a participating party.

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Section 8. Deductions as a privilege. Deductions from salaries of employees and transmittal of funds to charitable organizations may be offered as a privilege for the convenience of employees and no right of action shall accrue to the employee or to any charitable organization for errors, omissions, or decisions of administrative employees or officials regarding such deductions. The board is the sole judge of charitable organizations to be included on or excluded from solicitation lists of organizations eligible for deducted funds. Charitable organizations may be omitted from eligibility for designation or distribution of deducted funds without any liability on the part of any state official or employee. Part 2 Section 9. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration, is amended by adding a new Article 3 to read as follows: ARTICLE 3 45-20-50. It is the purpose of this article to permit voluntary deductions from wages or salaries of employees of the State of Georgia for the benefit of eligible charitable health and human care organizations and to provide for the distribution of funds collected through a process which involves minimal disruption of work time and provides reasonable assurance to the employees that their contributions are well used. 45-20-51. As used in this article, the term: (1) `Agency' means any agency, as defined in Code Section 45-20-2, which has full-time paid state employees but does not include the board of regents or institutions thereunder. (2) `Charitable organization' means any voluntary health and welfare agency that is: (A) A private, self-governing, nonprofit organization financed primarily by contributions from the public and chartered or authorized to do business in the State of Georgia; (B) Exempt from taxation under Code Section 48-7-25;

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(C) One to which contributions are authorized as deductible by Section 170 of the United States Internal Revenue Code of 1954, as amended; (D) Qualified as an organization as defined in Section 501(c)(3) of the United States Internal Revenue Code; and (E) Not a religious organization except that a religious organization is not disqualified to the extent that it operates a health and human care function on a nonsectarian basis with a distinct and separate budget for this function. (3) `Eligible voluntary charitable organizations' means a charitable organization which: (A) Actively conducts health or welfare programs and provides services to individuals directed at one or more of the following common human needs within a community: service, research, and education in the health field; family and child care services; protective services for children and adults; services for children and adults in foster care; services related to the management and maintenance of the home; day care services for adults; transportation services; information, referral, and counseling services; the preparation and delivery of meals; adoption services; emergency shelter, care, and relief services; safety services; neighborhood and community organization services; recreation services; social adjustment and rehabilitation services; health support services; or a combination of such services designed to meet the special needs of specific groups such as children and youth, the aged, the ill and infirm, or the physically handicapped; (B) Provides direct and substantial services on a statewide basis or is one of the federated charitable organizations that coordinates fund raising and allocations for local charitable organizations in the various geographic areas in which employees are solicited; (C) Observes a policy and practice of nondiscrimination on the basis of race, color, religion, sex, or national origin, which policy is applicable to persons served by the agency, to agency staff employment, and to membership on the agency's governing board; and

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(D) Does not expend a substantial portion of its efforts to influence the outcome of elections or the determination of public policy. (4) `Eligible voluntary charitable organization' also includes health and welfare agencies which are members of a federated, nonsectarian, nonpolitical, eligible voluntary charitable organization subject to such rules and regulations as the board may prescribe. (5) `Employee' means any person receiving a payroll check from the state for personal service to an agency. `Employee' does not include those persons receiving a payroll check issued by a county. 45-20-52. The State Personnel Board shall serve as the policy-setting body for administration of this article and shall have full power to promulgate, adopt, amend, or revoke such rules and regulations consistent herewith as may be necessary to implement this article. The board shall have specific authority to establish procedures under which charitable organizations may be evaluated for inclusion in the charitable deductions program. Only eligible voluntary charitable organizations which are approved by the board may participate in the program. Such procedures may include minimum participation levels based upon number of employees making a designated contribution, dollar amounts of designated contributions, or other factors as decided by the board and may exclude otherwise eligible charitable organizations for failure to attain a minimum participation level. 45-20-53. (a) Any agency is authorized to deduct from the salaries or wages of its employees amounts designated by the employee for the purpose of contribution to charitable organizations. No such deduction procedure shall be implemented without the approval of the chief executive officer or governing board of the agency. (b) No deduction shall be made without the written request of the employee, which request shall designate the amount which is to be deducted. Deductions shall be made monthly or to coincide with each pay period as determined by the agency. No deduction shall be made for less than $1.00 per deduction period or for less than $1.00 per designated charitable organization. Employees shall be clearly

Page 2281

apprised, on solicitation materials, of the manner in which funds will be distributed. All deduction authorizations shall remain continuously in effect until changed or canceled in writing by the employee. No deduction shall be made for the benefit of any organization which fails to secure approval of the board. 45-20-54. (a) No person shall disclose to any other person names of contributors or the amounts or designations of authorized charitable deductions of another, except as is necessary to accomplish the purpose of this article or as otherwise authorized in writing by the person whose contributions are sought to be disclosed. This prohibition against disclosure shall not, however, bar appropriate state or federal tax authorities from access necessary to establish the tax status of charitable organizations receiving these funds. (b) No person shall pressure, coerce, or in any way intimidate any employee to have charitable deductions made from the employee's salary or with reference to the amount of deductions to be made. Each agency shall review any violations or alleged violations of this subsection and assure that appropriate action is taken. Such action may include, without being limited to, discharge from employment, consistent with policies of the agency and with rules and regulations of the board. 45-20-54. The board shall promulgate regulations necessary and expedient to accomplishing the distribution of funds deducted from employees' salaries, honoring employee designations. Undesignated funds shall be fairly and impartially distributed as determined by the board. 45-20-55. The state shall be reimbursed by participating charitable organizations, in direct proportion to their receipts, for its additional direct cost of making deductions and remitting the proceeds. To minimize time and administrative expense, activities related to the management of the funds such as preparation of materials, solicitor training, fiscal agent duties, and similar activities may be delegated by the board to a participating party. 45-20-56. Deductions from salaries of employees and transmittal of funds to charitable organizations may be offered as a privilege for the convenience of employees and no right of action shall accrue to the employee or to any charitable organization for errors, omissions, or decisions of administrative employees or officials regarding such

Page 2282

deductions. The board is the sole judge of charitable organizations approved for participation in the program. Charitable organizations may be disapproved without any liability on the part of any state official or employee. Part 3 Section 10. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 11. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 12. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

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STATEWIDE PROBATION ACT AMENDED. Code Section 42-8-35.1 Enacted. No. 1536 (Senate Bill No. 720). AN ACT To amend an Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, so as to provide for a special term of probation for persons convicted of certain violations of the Georgia Controlled Substances Act in addition to any term of imprisonment; to provide for additional years of special probation for second or subsequent offenders; to provide for revocation of probation and an additional period of confinement under certain conditions; to provide for suspension of special probation; to provide for powers of the court; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; 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: Part 1 Section 1. An Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended, is amended by adding between Sections 10 and 11 a new section, to be designated Section 10A, to read as follows: Section 10A. (a) Notwithstanding any other provisions of law, the court, when imposing a sentence of imprisonment after a conviction of a violation of subsections (b), (d), (f), (j), or (k) or paragraph (3) of subsection (1) of Code Section 79A-811, shall impose a special term of probation of three years in addition to such term of imprisonment; provided, however, upon a second or subsequent conviction of a violation of the provisions of Code Section 79A-811 as stated herein, the special term of probation shall be six years in addition to any term of imprisonment. (b) A special term of probation imposed under this section may be revoked if the terms and conditions of probation are violated. In such circumstances the original term of imprisonment shall be

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increased by the period of the special term of probation and the resulting new term of imprisonment shall not be diminished by the time which was spent on special probation. A person whose special term of probation has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. A special term of probation provided for in this section shall be in addition to, and not in lieu of, any other probation provided for by law; but said probation shall be supervised in the same manner as other probations as provided by law. (c) Upon written application by the probationer to the trial court, the court may, in its discretion, suspend the balance of any special term of probation, provided that at least one-half of said special term of probation has been completed and all fines associated with the original sentence have been paid and all other terms of the orginal sentence and the terms of the special probation have been met by the probationer. Part 2 Section 2. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding between Code Sections 42-8-35 and 42-8-36 a new Code section, to be designated Code Section 42-8-35.1, to read as follows: 42-8-35.1. (a) Notwithstanding any other provisions of law, the court, when imposing a sentence of imprisonment after a conviction of a violation of subsections (b), (d), or (f) of Code Section 16-13-30 or after a conviction of a violation of Code Section 16-13-31, shall impose a special term of probation of three years in addition to such term of imprisonment; provided, however, upon a second or subsequent conviction of a violation of the provisions of such Code sections as stated herein, the special term of probation shall be six years in addition to any term of imprisonment. (b) A special term of probation imposed under this Code section may be revoked if the terms and conditions of probation are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special term of probation and the resulting new term of imprisonment shall not be diminished by the time which was spent on special probation. A person whose special term of probation has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. A special

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term of probation provided for in this Code section shall be in addition to, and not in lieu of, any other probation provided for by law and shall be supervised in the same manner as other probations as provided in this chapter. (c) Upon written application by the probationer to the trial court, the court may, in its discretion, suspend the balance of any special term of probation, provided that at least one-half of said special term of probation has been completed and all fines associated with the original sentence have been paid and all other terms of the original sentence and the terms of the special probation have been met by the probationer. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

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GEORGIA SELF-SERVICE STORAGE FACILITY ACT. Code Title 10, Chapter 4 Amended. No. 1537 (House Bill No. 148). AN ACT To define self-service storage facilities; to provide for a short title; to provide for additional definitions; to provide a lien on all personal property stored at such facilities in favor of the owners thereof; to provide a procedure for the enforcement of such lien; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and for applicability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Short title. This Act shall be known and may be cited as the Georgia Self-service Storage Facility Act. Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise: (1) Self-service storage facility: means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse within the meaning of the Act known as the Georgia State Warehouse Act, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 412), as amended, and the provisions of law relative to bonded public warehousemen shall not apply to the owner of a self-service storage facility. A self-service storage facility is not a safety deposit box or vault maintained by banks, trust companies, or other financial entities.

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(2) Owner means the owner, operator, lessor or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement. (3) Occupant means a person, his sublessee, successor or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. (4) Rental agreement means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility. (5) Personal property means movable property not affixed to land and includes, but is not limited to, goods, merchandise, and household items. It specifically excludes motor vehicles or other property evidenced by certificate of title. (6) Last known address means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. Section 3. Lien. The owner of a self-service storage facility and his heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this Act. The lien provided for in this section is superior to any other lien or security interest except those which are perfected and recorded prior to date of rental agreement in Georgia in the name of the occupant, either in the county of occupant's last known address or in the county where the self-service storage facility is located, except any tax lien as otherwise provided by law, and except any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. The lien attaches as of the date the personal property is brought to the self-service storage facility.

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Section 4. Enforcement of Lien. Provided that it complies with the requirements of this section, owner may enforce its lien without judicial intervention. Owner shall obtain from occupant a written rental agreement which includes the following language: This agreement, made and entered into this day of , 19 , by and between , hereinafter called Owner and , hereinafter called Occupant, whose last known address is . For the consideration hereinafter stated, the Owner agrees to let the Occupant use and occupy a space in the self-service storage facility, known as , situated in the City of , County of , State of Georgia, and more particularly described as follows: Building # , Space # , Size # . Said space is to be occupied and used for the purposes specified herein and subject to the conditions set forth for a period of , beginning on the day of , 19 , and continuing month to month until terminated. Space, as used in this agreement, will be that part of the selfservice storage facility as described above. The Occupant agrees to pay the Owner, as payment for the use of the space and improvements thereon, the monthly sum of $ . Monthly installments are payable in advance on or before the first of each month, in the amount of $ , and a like amount for each month thereafter, until the termination of this agreement. If any monthly installment is not paid by the tenth of the month due, or if any check given in payment is dishonored, Occupant shall be deemed to be in default. Occupant further agrees to pay the sum of one month's fees, which shall be used as a clean-up and maintenance fund, and is to be used, if required, for the repair of any damage done to the space and to clean up the space at the termination of the agreement. In the event that the space is left in a good state of repair, and in a broom-swept condition, then this amount shall be refunded to the Occupant. However, it is agreed to between the parties that the Owner may set off any claims it may have against the Occupant from this fund. The space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant. The Occupant agrees not to store any explosives, highly

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inflammable, or any other goods in the space which would cause danger to the space. The occupant agrees that the property will not be used for any unlawful purposes and the Occupant agrees not to commit waste, nor alter, nor affix signs on the space, and will keep the space in good condition during the term of this agreement. OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF, IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTYDAY PERIOD AFTER DEFAULT. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE TENTH OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE. For purposes of Owner's lien: personal property means movable property, not affixed to land, and includes, but is not limited to, goods, merchandise, and household items and specifically excludes motor vehicles or other property evidence by certificate of title; Last known address means that address provided by the Occupant in the latest rental agreement or the address provided by the Occupant in a subsequent written notice of a change of address. The Owner's lien is superior to any other lien or security interest, except those which are perfected and recorded prior to date of this rental agreement in Georgia, in the name of the Occupant, either in the county of the Occupant's last known address or in the county where the self-service storage facility is located, except any tax lien as provided by law and except those liens or security interests of whom the Owner has knowledge through the Occupant's disclosure in this rental agreement or through other written notice. Occupant attests that the personal property in his space(s) is free and clear of all liens and secured interests except for . The Owner's lien attaches as of the date the personal property is brought to the self-service storage facility.

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If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien, provided Owner shall comply with the following procedure: The Occupant shall be notified in writing by delivery in person or by certified mail to the last known address of Occupant. The Owner also shall notify other parties with superior liens or security interests as defined in this rental agreement. Such notice shall be presumed delivered when notice of delivery, failure to accept delivery, or the impossibility of delivery is received by Owner. Owner's notice to Occupant shall include an itemized statement of the Owner's claim showing the sum due, at the time of the notice, and the date when the sum became due. It shall briefly and generally describe the personal property subject to the lien. The description shall be reasonably adequate to permit the person(s) notified to identify it, except that any container included, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. Owner's notice shall notify Occupant of denial of access to the personal property and provide the name, street address, and telephone number of the Owner or its designed agent, whom the Occupant may contact to respond to this notice. Owner's notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice. It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at a public sale to the highest bidder, at a specified time and place. After the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of the Occupant; the time, place, and manner of the public sale. The public sale to the highest bidder shall take place not sooner than fifteen (15) days after the first publication. If there is no newspaper

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of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten (10) days before the date of the public sale and in not less than six (6) conspicuous places in the neighborhood where the self-service storage facility is located. If no one purchases the property at the public sale and if the Owner has complied with the foregoing procedures, the Owner may otherwise dispose of the property and shall notify the Occupant of the action taken. Any sale or disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored. Before any sale or other disposition of personal property pursuant to this agreement, the Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred, and thereby redeem the personal property and thereafter the Owner shall have no liability to any person with respect to such personal property. A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the Owner with the requirements of this agreement. In the event of a sale, the Owner may satisfy his lien from the proceeds of the sale. The Owner shall hold the balance of the proceeds, if any, for the Occupant or any notified, secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds shall be disposed of in accordance with the Disposition of Unclaimed Property Act (Acts 1972, pp. 762, 764) Chapter 85-20 and as it may be amended. In no event shall the Owner's liability exceed the proceeds of the sale. Section 5. Supplemental Nature of Act. Nothing in this Act shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this Act shall be in addition to all other rights allowed by law to a creditor against his debtor. Section 6. Savings clause. (a) All rental agreements entered into before the effective date of this Act, and not extended or renewed after that date, and the rights and duties and interests flowing from them shall remain valid and may be enforced or terminated in

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accordance with their terms or as permitted by any other statute or law of this state. (b) This Act shall apply to rental agreements entered into or extended or renewed on or after July 1, 1982. Part 2 Section 7. Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to warehousing, is amended by adding a new Article 5 to read as follows: ARTICLE 5 10-4-210. This article shall be known and may be cited as the `Georgia Self-service Storage Facility Act.' 10-4-211. For purposes of this article, the term: (1) `Last known address' means that address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address. (2) `Occupant' means a person, his sublessee, successor, or assign entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others. (3) `Owner' means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement. (4) `Personal property' means movable property not affixed to land and includes, but is not limited to, goods, merchandise, and household items. It specifically excludes motor vehicles or other property evidenced by certificate of title. (5) `Rental agreement' means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility.

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(6) `Self-service storage facility' means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse within the meaning of Article 1 of this chapter known as the `Georgia State Warehouse Act,' and the provisions of law relative to bonded public warehousemen shall not apply to the owner of a self-service storage facility. A self-service storage facility is not a safety deposit box or vault maintained by banks, trust companies, or other financial entities. 10-4-212. The owner of a self-service storage facility and his heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at a self-service storage facility for rent, labor, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this article. The lien provided for in this Code section is superior to any other lien or security interest except those which are perfected and recorded prior to date of rental agreement in Georgia in the name of the occupant, either in the county of occupant's last known address or in the county where the self-service storage facility is located, except any tax lien as otherwise provided by law and except any lienholder with an interest in the property of whom the owner has knowledge either through the disclosure provision of the rental agreement or through other written notice. The lien attaches as of the date the personal property is brought to the self-service storage facility. 10-4-213. Provided that it complies with the requirements of this Code section, an owner may enforce the lien without judicial intervention. Owner shall obtain from occupant a written rental agreement which includes the following language: This agreement, made and entered into this day of , 19 , by and between , hereinafter called Owner and , hereinafter called Occupant, whose last known address is . For the consideration hereinafter stated, the Owner agrees to let the Occupant use and occupy a space in the self-service storage facility, known as , situated in the City

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of , County of , State of Georgia, and more particularly described as follows: Building # , Space # , Size . Said space is to be occupied and used for the purposes specified herein and subject to the conditions set forth for a period of , beginning on the day of , 19 , and continuing month to month until terminated. `Space,' as used in this agreement, will be that part of the selfservice storage facility as described above. The Occupant agrees to pay the Owner, as payment for the use of the space and improvements thereon, the monthly sum of $ . Monthly installments are payable in advance on or before the first of each month, in the amount of $ , and a like amount for each month thereafter, until the termination of this agreement. If any monthly installment is not paid by the tenth of the month due, or if any check given in payment is dishonored, Occupant shall be deemed to be in default. Occupant further agrees to pay the sum of one month's fees, which shall be used as a clean-up and maintenance fund, and is to be used, if required, for the repair of any damage done to the space and to clean up the space at the termination of the agreement. In the event that the space is left in a good state of repair, and in a broom-swept condition, then this amount shall be refunded to the Occupant. However, it is agreed to between the parties that the Owner may set off any claims it may have against the Occupant from this fund. The space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant. The Occupant agrees not to store any explosives or any highly inflammable goods or any other goods in the space which would cause danger to the space. The Occupant agrees that the property will not be used for any unlawful purposes and the Occupant agrees not to commit waste, nor alter, nor affix signs on the space, and will keep the space in good condition during the term of this agreement. OWNER HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE FOR RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION

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TO THE PERSONAL PROPERTY, AND FOR ITS PRESERVATION OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANT'S SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF, IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTY-DAY PERIOD AFTER DEFAULT. IF ANY MONTHLY INSTALLMENT IS NOT MADE BY THE TENTH OF THE MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE PAYMENT WAS DUE. For purposes of Owner's lien: `personal property' means movable property, not affixed to land, and includes, but is not limited to, goods, merchandise, and household items and specifically excludes motor vehicles or other property evidenced by certificate of title; `Last known address' means that address provided by the Occupant in the latest rental agreement or the address provided by the Occupant in a subsequent written notice of a change of address. The Owner's lien is superior to any other lien or security interest, except those which are perfected and recorded prior to date of this rental agreement in Georgia, in the name of the Occupant, either in the county of the Occupant's `last known address' or in the county where the self-service storage facility is located, except any tax lien as provided by law and except those liens or security interests of whom the Owner has knowledge through the Occupant's disclosure in this rental agreement or through other written notice. Occupant attests that the personal property in his space(s) is free and clear of all liens and secured interests except for . The Owner's lien attaches as of the date the personal property is brought to the self-service storage facility. If Occupant has been in default continuously for thirty (30) days, Owner may enforce its lien, provided Owner shall comply with the following procedure: The Occupant shall be notified in writing by delivery in person or by certified mail to the last known address of Occupant. The Owner also shall notify other parties with superior liens or security interests as defined in this rental

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agreement. Such notice shall be presumed delivered when notice of delivery, failure to accept delivery, or the impossibility of delivery is received by Owner. Owner's notice to Occupant shall include an itemized statement of the Owner's claim showing the sum due, at the time of the notice, and the date when the sum became due. It shall briefly and generally describe the personal property subject to the lien. The description shall be reasonably adequate to permit the person(s) notified to identify it, except that any container included, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. Owner's notice shall notify Occupant of denial of access to the personal property and provide the name, street address, and telephone number of the Owner or its designed agent, whom the Occupant may contact to respond to this notice. Owner's notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice. It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at a public sale to the highest bidder, at a specified time and place. After the expiration of the time given in Owner's notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of the Occupant; and the time, place, and manner of the public sale. The public sale to the highest bidder shall take place not sooner than fifteen (15) days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten (10) days before the date of the public sale and in not less than six (6) conspicuous places in the neighborhood where the self-service storage facility is located.

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If no one purchases the property at the public sale and if the Owner has complied with the foregoing procedures, the Owner may otherwise dispose of the property and shall notify the Occupant of the action taken. Any sale or disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored. Before any sale or other disposition of personal property pursuant to this agreement, the Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred, and thereby redeem the personal property and thereafter the Owner shall have no liability to any person with respect to such personal property. A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the Owner with the requirements of this agreement. In the event of a sale, the Owner may satisfy his lien from the proceeds of the sale. The Owner shall hold the balance of the proceeds, if any, for the Occupant or any notified, secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds shall be disposed of in accordance with Article 5 of Code Chapter 44-12, the `Disposition of Unclaimed Property Act.' In no event shall the Owner's liability exceed the proceeds of the sale. 10-4-214. Nothing in this article shall be construed as in any manner impairing or affecting the right of the parties to create additional rights, duties, and obligations in and by virtue of the rental agreement. The rights provided by this article shall be in addition to all other rights allowed by law to a creditor against his debtor. 10-4-215. All rental agreements entered into before July 1, 1982, and not extended or renewed after that date, and the rights and duties and interests flowing from them shall remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state.

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Part 3 Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective on July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. MOTOR VEHICLES SPECIAL LICENSE PLATES FOR STREET RODS. No. 1538 (House Bill No. 578). AN ACT To amend an Act providing for the issuance by the State Revenue Commissioner of special license plates for antique vehicles, approved March 25, 1958 (Ga. Laws 1958, p. 302), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 596), so as to provide for definitions; to provide for the issuance of special license plates for street rods; to provide the fee for such license plates; to provide for the validity of such license plates; to provide for the inscription on such license plates; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the issuance by the State Revenue Commissioner of special license plates for antique vehicles,

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approved March 25, 1958 (Ga. Laws 1958, p. 302), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 596), is hereby amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) As used in this Act, a `historical vehicle' means any motor vehicle which is over thirty years old and which is owned solely as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses, but in no event to be used for general transportation. (b) As used in this Act, a `street rod' means a motor vehicle which has been designed and remanufactured to resemble a historical vehicle as defined in subsection (a) of this Section and which is owned solely as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses, but not for general transportation purposes. 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. Upon application, registration, and payment of a fee of $7.50, the State Revenue Commissioner shall issue a special license plate, as herein described, for every antique automobile within the State. Upon application, registration, and payment of a fee of $25.00, the State Revenue Commissioner shall issue a special license plate, as herein described, for every street rod within the State. Said special license plates shall be valid, without renewal, as long as the vehicle is in existence. Section 3. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) For historical vehicles, said license plates shall be of metal at least six inches wide and not less than twelve inches in length, and shall show in bold characters the words, `Historical Vehicle,' the full name or the abbreviation of the name of the State, a serial number, and other distinctive markings as in the judgment of the Commissioner will to the best advantage advertise, popularize and otherwise promote the State. The serial numbers shall commence with the number one and continue in consecutive numerical sequence.

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(b) For street rods, said license plates shall be of standard size and shall show in bold characters the words, `Street Rod,' the full name or the abbreviation of the name of the State, a serial number, and other such distinctive markings as in the judgment of the Commissioner will to the best advantage advertise, popularize, and otherwise promote the State. The serial numbers shall commence with the number one and continue in consecutive numerical sequence. Section 4. Said Act is further amended by adding after the word automobile in Section 5 of said Act the following: or street rod, so that when so amended, Section 5 of said Act shall read as follows: Section 5. Upon the sale or transfer of any antique automobile or street rod for which special license plates have been issued, said plates may be transferred to the purchaser or transferee upon paying one ($1.00) dollar to the State Revenue Commissioner. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 22, 1982. PRACTICE AND PROCEDUREPREVENTION OF FAMILY VIOLENCE. Code Section 19-13-4 Amended. No. 1539 (House Bill No. 993). AN ACT To amend an Act providing procedures for prevention of family violence, approved April 9, 1981 (Ga. L. 1981, p. 880), so as to

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authorize certain orders or agreements to include provisions that parties receive psychiatric or psychological services; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act providing procedures for prevention of family violence, approved April 9, 1981 (Ga. L. 1981, p. 880), is amended by striking subsection (a) of Section 4 and inserting in its place a new subsection (a) to read as follows: (a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The orders or agreements may: (1) Direct a party to refrain from such acts; (2) Grant to a spouse possession of the residence or household of the parties and exclude the other spouse from the residence or household; (3) Require a party to provide a spouse and his or her children suitable alternate housing; (4) Award temporary custody of minor children and establish temporary visitation rights; (5) Order the eviction of a party from the residence or household and assistance to the victim in returning to it or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered; (6) Order either party to make payments for the support of a minor child as required by law; (7) Order either party to make payments for the support of a spouse as required by law;

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(8) Provide for possession of personal property of the parties; (9) Order a party to refrain from harassing or interfering with the other; (10) Award costs and attorney's fees to either party; and (11) Order either or all parties to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence. Part 2 Section 2. Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to granting of protective orders, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The orders or agreements may: (1) Direct a party to refrain from such acts; (2) Grant to a spouse possession of the residence or household of the parties and exclude the other spouse from the residence or household; (3) Require a party to provide suitable alternate housing for a spouse and his or her children; (4) Award temporary custody of minor children and establish temporary visitation rights; (5) Order the eviction of a party from the residence or household and order assistance to the victim in returning to it, or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered; (6) Order either party to make payments for the support of a minor child as required by law;

Page 2303

(7) Order either party to make payments for the support of a spouse as required by law; (8) Provide for possession of personal property of the parties; (9) Order a party to refrain from harassing or interfering with the other; (10) Award costs and attorney's fees to either party; and (11) Order either or all parties to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

Page 2304

GEORGIA WATER QUALITY CONTROL ACT AMENDED. Code Section 12-5-31 Amended. No. 1540 (House Bill No. 1109). AN ACT To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Water Quality Control Act, so as to provide for monitoring, recording, and reporting certain information regarding the withdrawal of water from surface waters for certain irrigation systems; to provide for penalties; 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. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Water Quality Control Act, is amended by adding at the end of Code Section 12-5-31 a new subsection (p) to read as follows: (p) (1) Any other provision of this article notwithstanding, any person who owns or operates an irrigation system used for agricultural purposes which operation results in the withdrawal of surface waters in excess of 100,000 gallons per day on a monthly average shall monitor, record, and report to the county agricultural agent of the county in which the irrigation system is located data necessary to calculate monthly volumes of water withdrawn from surface-water sources. Such monitoring, recording, and reporting may be based on any reliable procedure approved in writing by the director, but the director shall not require the installation of any such monitoring, recording, and reporting system which costs more than $100.00 for any single irrigation system. Monitoring and recording of such data shall begin no later than the date of receipt of notification from the director that a particular procedure for monitoring, recording, and reporting has been approved. Each person affected must file a written request for such approval with the director by not later than January 1, 1983. The initial report shall be submitted to the appropriate county agricultural agent no later than April 1, 1983. Thereafter,

Page 2305

an annual report must be submitted to the appropriate county agricultural agent no later than April 1 of each year. (2) Each county agricultural agent shall forward the reports submitted to such agent under paragraph (1) of this subsection to the director within 30 days after such reports are received by the county agricultural agent. (3) Each annual report required by this subsection must contain all information necessary, including adequate descriptions of all equipment, to enable the director to convert time of use to volume of surface water withdrawn each month. (4) Any person subject to this subsection shall provide to the agent of the director access to the irrigation system for purposes of verifying data reported and measuring flow. Such access will be during normal working hours. (5) Any person violating any provision of this subsection shall be liable for a civil penalty not to exceed $100.00 for such violation and an additional civil penalty not to exceed $10.00 for each day during which such violation continues. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

Page 2306

GROUND WATER USE ACT OF 1972 AMENDED. Code Section 12-5-105 Amended. No. 1541 (House Bill No. 1110). AN ACT To amend Part 2 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Ground Water Use Act of 1972, so as to change provisions relative to exemptions from said Act; to provide for penalties; 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. Part 2 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Ground Water Use Act of 1972, is amended by striking Code Section 12-5-105 which reads as follows: 12-5-105. Notwithstanding any other provision of this part, this part shall not apply to persons utilizing or withdrawing water for agricultural purposes or for poultry-processing purposes. The county agricultural agent of each county shall annually, upon request of the division, furnish the division with the best available estimates of the quantity of ground water used or withdrawn by those persons who are exempt under this Code section. This estimate shall be determined by nominal means from available equipment, including pump and power ratings, but shall not require the installation of metering devices on the part of those persons utilizing or withdrawing ground water., in its entirety and substituting in lieu thereof a new Code Section 12-5-105 to read as follows: 12-5-105. (a) Except as provided for in this Code section, this part shall not apply to persons utilizing or withdrawing water for agricultural purposes. (b) Any person who owns or operates an irrigation system used for agricultural purposes which operation results in the withdrawal and utilization of ground waters in excess of 100,000 gallons per day

Page 2307

on a monthly average shall monitor, record, and report to the county agricultural agent of the county in which the irrigation system is located data necessary to calculate monthly volumes of water withdrawn from ground-water sources. Such monitoring, recording, and reporting may be based on any reliable procedure approved in writing by the director, but the director shall not require the installation of any such monitoring, recording, and reporting system which costs more than $100.00 for any single irrigation system. Monitoring and recording of such data shall begin no later than the date of receipt of notification from the director that a particular procedure for monitoring, recording, and reporting has been approved. Each person affected must file a written request for such approval with the director by not later than January 1, 1983. The initial report shall be submitted to the appropriate county agricultural agent no later than April 1, 1983. Thereafter, an annual report must be submitted to the appropriate county agricultural agent no later than April 1 of each year. (c) Each county agricultural agent shall forward the reports submitted to such agent under subsection (b) of this Code section to the director within 30 days after such reports are received by the county agricultural agent. (d) Each annual report required by this Code section must contain all information necessary, including adequate descriptions of all equipment, to enable the director to convert time of use to volume of ground water withdrawn each month. In addition, the location, depth, and diameter of the well must be specified. (e) Any person subject to subsection (b) of this Code section shall provide to the agents of the director access to the irrigation system for purposes of verifying data reported and measuring flow. Such access will be during normal working hours. (f) Any person violating this Code section shall be liable for a civil penalty not to exceed $100.00 for such violation and an additional civil penalty not to exceed $10.00 for each day during which such violation continues. Section 2. This Act shall become effective on November, 1, 1982.

Page 2308

Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AMENDED. Code Sections 84-2104, 43-15-31 Amended. No. 1542 (House Bill No. 1160). AN ACT To amend Code Section 84-2104, relating to the Board of Registration for Professional Engineers and Land Surveyors, as amended, so as to continue the board and the laws relating thereto but to provide for the later termination of the board and the laws relating thereto; to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to provide for the same changes described above; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 84-2104, relating to the Board of Registration for Professional Engineers and Land Surveyors, as amended, is amended by adding at the end thereof a new subsection (f) to read as follows: (f) Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the board and the laws relating thereto are

Page 2309

continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Part 2 Section 2. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, is amended by striking Code Section 43-15-31, which reads as follows: 43-15-31. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration for Professional Engineers and Land Surveyors shall be terminated on July 1, 1982, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8., and inserting in its place a new Code Section 43-15-31 to read as follows: 43-15-31. Pursuant to Code Section 43-2-3, the board and the laws relating thereto are continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board.

Page 2310

Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. DEPARTMENT OF COMMUNITY AFFAIRS. Code Title 50, Chapter 8 Amended. No. 1543 (House Bill No. 1161). AN ACT To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to change the purposes, powers, and duties of said department; to change the membership and duties of a certain advisory committee and to provide for the call of special meetings thereof; to provide for boundary changes of area planning and development commissions; to change certain powers and duties of such commissions and certain nonprofit corporations; to change certain powers and duties of the State Office of Housing Section; to change certain provisions relating to housing goals and reports; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2311

Be it enacted by the General Assembly of Georgia: Section 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking Code Section 50-8-1 and inserting in its place a new Code Section 50-8-1 to read as follows: 50-8-1. There is established the Department of Community Affairs in response to the need of the state to fulfill more effectively its responsibilities to local governments and communities. The department shall serve to promote and protect the institution of general purpose local government in the state and shall serve as the Governor's representative to local communities on a routine basis on the request of, or on direction from, the Governor in matters affecting social, economic, human, or intergovernmental relations and, in this capacity, shall provide mediation, consultation, and fact-finding services. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 50-8-2 and inserting in its place a new subsection (a) to read as follows: (a) The Governor, throught the Department of Community Affairs, shall seek to harmonize the planning activities of local units of government, area planning and development commissions, joint units of government, and state agencies so that the planning policies and objectives of all levels of government are consistent and so that conflicts of activity for the development of the state are minimized. Section 3. Said chapter is further amended by striking subsection (c) of Code Section 50-8-2 and inserting in its place a new subsection (c) to read as follows: (c) To advise the Department of Community Affairs in matters relating to the financial and operational conditions, programs, services, intergovernmental relationships, and collective planning studies of area or multicounty planning and development, the Governor shall appoint an advisory committee composed of one member recommended by each of the 18 area or multicounty planning and development commissions and any such additional commissions as may be established. The advisory committee shall issue a report of its activities and findings to the department no later than the first day of July each year. The members of the advisory committee shall receive

Page 2312

$36.00 per diem for each day in attendance at meetings of the committee, plus actual mileage expenses. The meetings shall be limited in number to 12 per year unless one or more special meetings shall be called by the commissioner of community affairs or the chairman of the advisory committee. The members shall be compensated for their services on the advisory committee from the funds appropriated to or available to the area or multicounty planning and development commission which they respectively represent. Section 4. Said chapter is further amended by striking Code Section 50-8-7 and inserting in its place a new Code Section 50-8-7 to read as follows: 50-8-7. The Department of Community Affairs may apply for, receive, administer, and utilize any grants or other financial assistance under any federal, private, or public financial sources that may be made available for achieving the purposes of the department. Section 5. Said chapter is further amended by striking in their entirety subsections (a) and (b) of Code Section 50-8-8, which read as follows: (a) It shall be the function and duty of the Department of Community Affairs to make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the state and to prepare plans for the physical, social, and economic development of the state. Such surveys, studies, and plans shall be made for the purpose of guiding and accomplishing the coordinated, adjusted, and harmonious development of the state in a manner which will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, convenience, prosperity, or the general welfare of the people of the state, as well as efficiency and economy in the development of the state, including, among other things, such distribution of population and of the uses of land within the state for urbanization, trade, industry, transportation, habitation, recreation, agriculture, forestry, and other purposes as will tend to create conditions favorable to civic activities and to economic, recreational, educational, and cultural opportunities; will tend to reduce the waste of physical, financial, or human resources which result from either excessive concentration or excessive scattering of population; and will tend to bring about the efficient and economic conservation, production, and distribution of food, water, minerals, and public services and facilities.

Page 2313

(b) The Department of Community Affairs shall aim to harmonize its planning activities with those of departments, agencies, and instrumentalities of the state and local governments, to assist these agencies in planning matters for the purpose of securing the well-coordinated development of the state, and to stimulate widespread interest and participation in the sound development of the state. Nothing contained in this Code section shall reduce the planning powers conferred upon departments, agencies, or instrumentalities of the state or local governments by law., and inserting in their place new subsections (a) and (b) to read as follows: (a) It shall be the function and duty of the Department of Community Affairs to make comprehensive surveys and studies of the existing physical, social, and economic conditions of the state. Such surveys and studies shall be made for the purpose of identifying problems with the coordinated and harmonious development of the state. (b) The Department of Community Affairs shall seek to harmonize its planning activities with those of departments, agencies, and instrumentalities of the state, area planning and development commissions, and local governments to assist these agencies in planning matters for the purpose of securing the quality development of the state. Nothing contained in this Code section shall reduce the planning powers conferred upon area planning and development commissions, departments, agencies, or instrumentalities of the state or local governments by law. Section 6. Said chapter is further amended by striking in its entirety paragraph (1) of subsection (c) of Code Section 50-8-8, which reads as follows: (1) Prepare and, from time to time, amend, extend, or add to a general plan or parts thereof for the overall development of the state. Such plan, with the accompanying maps, plats, charts, and descriptive matter shall show the department's recommendations for the development of the state. It may include, among other things, recommendations for the most desirable generalized pattern of land use within the state for residence, business and industry, parks, reservations, refuges and other open spaces, forests, agriculture, mining, and other purposes in the light of the best available information concerning

Page 2314

topography, climate, soil and underground conditions, water courses and bodies of water, and other material or environmental features, as well as in the light of the best available information concerning the present andprospective economic resources of the state, past and future trends of industrial and other developments and of the population of the state, the habits and standards of life on the people of the state, and the relation of land use within the state to land use in adjoining areas. It may also include the major circulation pattern recommended for the state including major routes and terminals and other facilities for motor vehicle, transit, railroad, airline, and waterway movement and communication facilities. The plan may also include recommendations concerning major public and private buildings, works, and facilities and their sites, such as state institutions, utilities, flood control, water reservoirs and their watersheds, pollution control facilities, and military and related installations, which works or facilities, by reason of their function, size, legal status, extent, or other reason are of state as distinguished from purely local or private concern, or the authorization, location, or construction of which is legally within the province or jurisdiction of state bodies or officials, or which for any other reason are appropriate subjects for inclusion in a state development plan as distinguished from local programs or plans. Such plan may be adopted, added to, and changed from time to time by a majority vote of the Board of Community Affairs. The plan shall be a public record, but its purpose and effect shall be solely to aid the department in the performance of its duties;, and inserting in its place a new paragraph (1) to read as follows: (1) To increase the awareness of and response to developmental policies and problems, the department shall, every two years, prepare a growth and development profile of the state, using, where available, existing studies, information, and work developed by other state agencies. Such profile and accompanying maps and descriptive matter shall include a general description of existing and probable future patterns of growth and development, a general inventory of natural resources, an analysis of housing, population, and economic conditions, and a summary of policies regarding growth and development. Significant problems related to these categories shall be described in the profile. The profile shall be submitted biennially to the Governor and the General Assembly to assist them in developing policies for guiding the coordinated and harmonious development of the state;.

Page 2315

Section 7. Said chapter is further amended by striking from the end of paragraph (3) of subsection (c) of Code Section 50-8-8 the following: ;and, and inserting in its place a semicolon, by striking the period at the end of paragraph (4) of subsection (c) of Code Section 50-8-8 and inserting in its place the following: ;and, and by adding immediately thereafter a new paragraph (5) to read as follows: (5) To collect information and data and to conduct research on local governments for use by the General Assembly, state agencies, local governments, and their associations and to establish a comprehensive base of local government information which shall draw upon existing information and data within state agencies and utilize information and data collected directly from local governments. Section 8. Said chapter is further amended by adding at the end of Code Section 50-8-31, relating to boundary changes, a new subsection (c) to read as follows: (c) No boundary of an area planning and development commission may be changed by the Board of Community Affairs without the approval of a majority of the board members of each such commission directly affected. Section 9. Said Code chapter is further amended by striking paragraph (2) of Code Section 50-8-34, which reads as follows: (2) Make and enter into all contracts or agreements necessary or incidental to the performance of its duties and functions;, and inserting in its place a new paragraph (2) to read as follows: (2) Make and enter into all contracts or agreements necessary or incidental to the performance of its duties and functions. Neither a commission, nor any nonprofit corporation established or controlled by that commission, may enter into any contract or agreement

Page 2316

obligating that commission or nonprofit corporation to perform services for any political subdivision, individual, or business entity located wholly outside the boundaries of that commission, except that one commission, on its own behalf and not on behalf or for the direct benefit of any political subdivision, individual, or business entity within that commission's boundaries, may contract with another commission to provide services for the benefit of one or both commissions. Section 10. Said chapter is further amended by striking paragraph (1) of Code Section 50-8-35, which reads as follows: (1) Review and comment upon applications by units of local government within the area to state, federal, quasi-governmental, or private agencies for loans or project grants;, and inserting in its place a new paragraph (1) to read as follows: (1) Review and comment upon applications by units of local government within the area for federal or state grant assistance, provided that application review and comment shall be performed only when required by specific grant programs, or the local government within its area planning and development commission;. Section 11. Said chapter is further amended by striking paragraph (2) of Code Section 50-8-35, which reads as follows: (2) Prepare an area biennial development program and update same annually. The program shall include: (A) Analysis of the current posture of area development and a review of progress or change so as to evaluate goals or prior programs; (B) Objectives of existing and recommended programs; (C) Six-year schedules of area capital improvements and other major program expenditures and activities based on a determination of relative urgency; and recommendations for possible changes in administration, organization, or procedures to effect more efficient methods of operation.

Page 2317

Each area planning and development commission shall annually conduct public hearings on its proposed programs;, and inserting in its place the following: (2) Prepare an area biennial development profile, which profile shall be at the direction of, on forms and in a format prescribed by and subject to review by the Department of Community Affairs;. Section 12. Said chapter is further amended by striking the period at the end of paragraph (3) of Code Section 50-8-35 and inserting in its place a semicolon and by inserting immediately thereafter a new paragraph (4) to read as follows: (4) Collect, process, and analyze, under the direction of the Department of Community Affairs, information regarding the operations of political subdivisions and social, economic, and geographic statistics for the area. Section 13. Said chapter is further amended by striking paragraph (2) of Code Section 50-8-60, which reads as follows: (2) The State Office of Housing Section shall have the following duties: (A) To be responsible for the planning, development, and general implementation of a coordinated state housing program; (B) To provide technical assistance on housing and housing-related matters throughout the state; (C) To prepare an annual state housing goal report to be submitted to the commissioner, who shall review and forward same to the Governor for presentation to the General Assembly pursuant to Code Section 50-8-63; (D) To act in coordination with the Georgia Residential Finance Authority, created by Article 3 of Chapter 3 of Title 8; provided, however, that the activities of the housing section shall not duplicate or infringe upon the responsibilities and duties of such authority and board;

Page 2318

(E) To perform such housing-related duties as may be assigned by the commissioner; and (F) 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 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., and inserting in its place a new paragraph (2) to read as follows: (2) The State Office of Housing Section shall have the following duties: (A) To be responsible for the planning, development, and general implementation of a coordinated state housing program; (B) To provide technical assistance on housing and housing-related matters throughout the state; (C) To act in coordination with the Georgia Residential Finance Authority, created by Article 3 of Chapter 3 of Title 8; provided, however, that the activities of the housing section shall not duplicate or infringe upon the responsibilities and duties of such authority and board; (D) To perform such housing-related duties as may be assigned by the commissioner; and (E) 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 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 14. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 50-8-61 and inserting in lieu thereof a new subsection (a) to read as follows:

Page 2319

(a) The State Office of Housing Section is authorized and directed to provide 18 outreach workers to the Farmers Home Administration, to be assigned exclusively to housing-related activities such as site development, rehabilitation, and home ownership and rental in rural areas of the state, provided funds for such purposes are appropriated. The outreach workers shall be at the assistant county supervisor level to act as housing specialists. Section 15. This Act shall become effective on November 1, 1982. Section 16. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. WIRETAPPING, ETC. SURVEILLANCE DEVICES. Code Section 16-11-64 Amended. No. 1544 (House Bill No. 1175). AN ACT To amend Code Section 16-11-64 of the Official Code of Georgia Annotated, relating to the use of wiretapping, eavesdropping, and other surveillance devices by law enforcement officers, so as to authorize the use of such devices in investigating crimes involving importation or sale of controlled substances; 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 16-11-64 of the Official Code of Georgia Annotated, relating to the use of wiretapping, eavesdropping, and other surveillance devices by law enforcement officers, is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows:

Page 2320

(1) 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, insurection, rebellion, espionage, sabotage, or any felony involving bodily harm, or any crimes involving arson, kidnapping, narcotics, dangerous drugs, importation or sale of marijuana or any controlled substance, burglary, prostitution, theft, blackmail, extortion, bribery, gambling, or any felony involving alcoholic beverage laws or 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: (A) That a person is committing or has committed any of the crimes enumerated in this paragraph; or (B) That a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this paragraph 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 Code Section 16-11-60, for the surveillance of such person or place, provided the warrant specifies with particularity the device or devices the use of which is to be permitted thereby; 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 November 1, 1982.

Page 2321

Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. REPORTS ON VETERANS EXPOSED TO AGENT ORANGE. Code Title 31, Chapter 30 Enacted. No. 1545 (House Bill No. 1200). AN ACT To amend Code Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new Code Chapter 30, relating to reports on veterans exposed to Agent Orange; to provide for definitions; to provide for reports and forms; to provide for studies; to provide for confidentiality; to provide for immunity from liability; to authorize class action representation of certain veterans by the Attorney General; to provide for referrals, testing, counseling, and screening; to provide for application; to provide for program discontinuance; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Code Chapter 30, relating to reports on veterans exposed to Agent Orange, to read as follows:

Page 2322

CHAPTER 30 REPORTS ON VETERANS EXPOSED TO AGENT ORANGE 31-30-1. As used in this chapter, the term: (1) `Agent Orange' means the herbicide composed primarily of trichlorophenoxyacetic acid and dichlorophenoxyacetic acid. (2) `Veteran' means a person who was a resident of this state at the time of his induction into the armed forces of the United States of America or was a resident of this state on or after November 1, 1982, and who served in Vietnam, Cambodia, or Laos during the Vietnam Conflict. 31-30-2. (a) A physician who has primary responsibility for treating a veteran who believes he may have been exposed to chemical defoliants or herbicides or other causative agents, including but not limited to Agent Orange, while serving in the armed forces of the United States shall, at the request of the veteran, submit a report to the department on a form provided by the department. If there is no physician having primary responsibility for treating the veteran, the hospital treating the veteran shall, at the request of the veteran, submit the report to the department. (b) The form provided by the department to the physician shall request the following information: (1) Symptoms of the veteran which may be related to exposure to a chemical defoliant or herbicide or other causative agent, including Agent Orange; (2) Diagnosis of the veteran; and (3) Methods of treatment prescribed. (c) The department may require the veteran to provide such other information as determined by the commissioner. 31-30-3. (a) The department, in consultation and cooperation with a board certified medical toxicologist, shall compile and evaluate information submitted under this chapter into a report to be distributed annually to members of the General Assembly and to the

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United States Veterans' Administration and the Georgia Department of Veterans Service. The report shall contain current research findings on the effects of exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange, and statistical information compiled from reports submitted by physicians or hospitals. (b) The department, in consultation and cooperation with a board certified medical toxicologist, shall conduct epidemiological studies on veterans who have cancer or other medical problems associated with exposure to a chemical defoliant or herbicide or any other causative agent, including Agent Orange, or who have children born with birth defects after the veterans' suspected exposure to a chemical defoliant or herbicide or any other causative agent, including Agent Orange. The department must obtain consent from each veteran to be studied under this subsection. The department shall compile and evaluate information obtained from these studies into a report to be distributed as provided by subsection (a) of this Code section. 31-30-4. The identity of a veteran about whom a report has been made under Code Section 31-30-2 or 31-30-3 may not be disclosed unless the veteran consents to the disclosure. Statistical information collected under this chapter is public information. 31-30-5. A physician or a hospital subject to this chapter who complies with this chapter may not be held civilly or criminally liable for providing the information required by this chapter. 31-30-6. The Attorney General may represent a class of individuals composed of veterans who may have been injured because of contact with chemical defoliants or herbicides or other causative agents, including Agent Orange, in an action for release of information relating to exposure to such chemicals during military service and for release of individual medical records. 31-30-7. (a) The department and the health science centers and other medical facilities of the University System of Georgia shall institute a cooperative program to: (1) Refer veterans to appropriate state and federal agencies for the purpose of filing claims to remedy medical and financial problems caused by the veterans' exposure to chemical defoliants

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or herbicides or other causative agents, including Agent Orange; and (2) Provide veterans with fat tissue biopsies, genetic counseling, and genetic screening to determine if the veteran has suffered physical damage as a result of substantial exposure to chemical defoliants or herbicides or other causative agents, including Agent Orange. (b) The commissioner shall adopt rules necessary to the administration of the programs authorized by this Code section. 31-30-8. If the commissioner determines that an agency of the federal government is performing the referral and screening functions required by Code Section 31-30-7, the commissioner may discontinue any program required by this chapter or any duty required of a physician or hospital under this chapter. 31-30-9. This chapter shall become effective when and to the extent that funds are appropriated and available to the Department of Human Resources under an appropriation which specifically refers to this chapter and provides that it is intended for the implementation of this chapter. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 22, 1982.

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CRIMES FORFEITURE, ETC. OF CERTAIN PROPERTY USED IN CERTAIN CRIMINAL ENTERPRISES. Code Sections 16-12-32, 16-13-49 Amended. No. 1546 (House Bill No. 1210). AN ACT To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide for different methods and procedures for the seizure and forfeiture of certain property used in gambling; to change the time limits during which certain actions must be filed; to provide for a definition; to provide for notification of forfeiture proceedings to certain security interest holders and lienholders under certain conditions; to provide when certain persons shall not have claims upon seized property or proceeds from the sale thereof; to change certain conditions authorizing notice by publication; to change certain conditions authorizing notice by publication; to provide for the disposition of forfeited property and use of certain sale proceeds; to provide for forfeiture of money, negotiable instruments, securities, and other things of value under certain circumstances; to provide for notice of certain forfeiture proceedings to lienholders and security interest holders; to change certain conditions authorizing notification by publication; to provide for disposition of certain property upon claimant's knowledge of the use thereof and to prohibit certain claims upon that merchandise and proceeds from the sale thereof; to change certain terminology relating to property and actions; to provide for the forfeiture of certain objects and materials; to provide the procedure for the forfeiture of said objects and materials; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking Code Section 16-12-31, relating to seizure and disposition of funds and other things of value used in gambling, and Code Section 16-12-32, relating to seizure and disposition of fuels used in transporting gambling devices or parts, in their entirety and substituting in lieu thereof a new Code Section 16-12-32 to read as follows:

Page 2326

16-12-32. (a) As used in this Code section, `property' means any personal property of any type, tangible or intangible, including but not limited to vehicles, conveyances, aircraft, watercraft, funds, other things of value or choses in action or any interest in such property, but shall not include a gambling device subject to seizure and destruction under Code Section 16-12-30. (b) All property used in, intended for use in, used to facilitate, or derived from or realized through a violation of this chapter or which is located within any gambling place or within any vehicle or other conveyance used to transport any gambling device, any subassembly or essential part thereof, card, stub, ticket, check, funds, things of value, or other device designed to facilitate participation in any lottery is declared to be contraband and may be seized and forfeited as provided in this Code section. (c) Any such property shall be seized by any peace officer who, within ten days after the seizure of such property, shall report the same to the district attorney of the superior court having jurisdiction in the county where the seizure was made. (d) Within 30 days from the date he receives notice of such seizure, the district attorney of said judicial circuit shall cause to be filed in the superior court of the county in which the property was seized an action against the property so seized and any and all persons having an interest in or right affected by the seizure or sale of such property. (e) A copy of the action shall be served upon the person or persons having custody or possession of such property at the time of seizure, and, if known, upon any owner, lessee, and any person having a duly recorded security interest in or lien upon such property at the time of seizure. If the owner or lessee is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this subsection unless that person is unknown or resides out of the state or departs

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the state or cannot after due diligence be found within the state or conceals himself to avoid service. (f) If no defense is filed within 30 days after the filing of the action, judgment by default shall be entered by the court at chambers, otherwise the case shall proceed as other civil cases in said court. (g) Should it appear that any person filing a defense in the action knew, or by the exercise of ordinary care should have known, that the property was used in violation of this Code section, the same shall be sold by order of the court after such advertisement as the court shall direct, and such person shall have no claim upon the property or the proceeds from the sale thereof. (h) Except as otherwise provided in this Code section, property forfeited pursuant to this subsection shall be disposed of by order of the court as follows: (1) Upon application of the seizing law enforcement agency or any other law enforcement agency of state, county, or municipal government, the court may permit the agency to retain the property for official use in law enforcement work; or (2) The court may sell that which is not required to be destroyed by law and which is not harmful to the public, and the proceeds of such sale shall be used for payment of all proper expenses of the forfeiture and sale including, but not limited to, the expenses of seizure, maintenance of custody, advertising, and court costs. The remainder of the proceeds of a sale of forfeited property, after payment of these expenses, shall be paid into the general fund of the county. Section 2. Said title is further amended by striking Code Section 16-13-49, relating to forfeitures, in its entirety and substituting in lieu thereof a new Code Section 16-13-49 to read as follows: 16-13-49. (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 article;

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(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 article; (3) All property which is used, or intended for use, as a container for property described in paragraphs (1) and (2) of this subsection; (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) of this subsection, but: (A) 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 Code 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 article; (B) No conveyance is subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; (C) 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; (D) No conveyance is subject to forfeiture under this Code section for violations which involve no controlled substances and four 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 article; (6) All moneys, negotiable instruments, securities, or other things of value, furnished or intended to be furnished by any person in exchange for a controlled substance or marijuana in violation of this chapter, all proceeds traceable to such an

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exchange, all moneys, negotiable instruments, securities, or other things of value used to facilitate any violation of this chapter and all moneys, negotiable instruments, securities, or other things of value which are found in close proximity to any controlled substance or marijuana or other property which is subject to forfeiture under this subsection and which otherwise has been used, or intended for use to facilitate the unlawful manufacture, distribution, dispensing, or possession of a controlled substance or marijuana; and (7) All objects and materials distributed in violation of Code Section 16-13-32.1 or possessed in violation of Code Section 16-13-32.2. (b) Property subject to forfeiture under this article may be seized by the director of the Georgia Drugs and Narcotics Agency or duly authorized agents of drug agents of the State Board of Pharmacy or by any law enforcement officer of this state or any political subdivision thereof who has the power to make arrests and whose duty is to enforce this article, upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if: (1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an inspection warrant; (2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this article; (3) The director of the Georgia Drugs and Narcotics Agency or duly authorized agents or drug agents of the State Board of Pharmacy have probable cause to believe that the property is directly dangerous to health or safety; or (4) The director of the Georgia Drugs and Narcotics Agency, duly authorized agents, drug agents, or law enforcement officers as set forth in this subsection have probable cause to believe that the property was used or is intended to be used in violation of this article. (c) In the event of seizure pursuant to subsection (b) of this Code section, proceedings under subsection (d) shall be instituted promptly.

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(d) Property taken or detained under this Code section shall not be subject to replevin but is deemed to be in the custody of the superior court wherein the seizure was made or in custody of the superior court where it can be proven that acts prohibited by this article took place, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the director of the Georgia Drugs and Narcotics Agency or duly authorized agents, drug agents, or law enforcement officers seizing such property shall: (1) Place the property under seal; (2) Remove the property to a place designated by the judge of the superior court as set out above; or (3) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and remove it to an appropriate location for disposition in accordance with law. (e) When an article, equipment, controlled substance, conveyance, or other property is seized under this article, the sheriff, drug agent, or law enforcement officers seizing the same shall report the fact of seizure, within ten days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. Within 30 days from the date he receives notice of the seizure, the district attorney of the judicial circuit, or the director on his behalf shall cause to be filed in the superior court of the county in which the property is seized or detained an action for condemnation of such property as provided for in this Code section. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the property was seized, and the action shall be verified by a duly authorized agent of the state in a manner required by the law of this state. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the state, allege the essential elements of the violation which is claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner or lessee, if known. If the owner is

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known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that merchandise. If the owner or lessee is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized merchandise as provided for in this Code section. If the court determines that a claimant defending the action knew or by the exercise of ordinary care should have known that the merchandise was to be used for an unlawful purpose subjecting it to forfeiture under this chapter, the court shall order the disposition of the seized merchandise as provided herein and that claimant shall have no claim upon the merchandise or proceeds from the sale thereof. In the event more than one county shall have the right to file condemnation proceedings, then the county wherein the actual physical seizure was made shall take precedence over other counties or jurisdictions which may have claims pursuant to this article. (f) (1) Except as otherwise provided in this subsection, when property is forfeited under this article, the judge of the superior court in the county where the seizure was made or in the county in which it can be proven that acts prohibited by this article took place may: (A) Retain it for official use by any agency of this state or any political subdivision thereof; (B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds 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

Page 2332

(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 where such condemnation proceedings are filed in accordance with this article and shall be paid into the county treasury as county funds. (g) Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of this article are contraband and shall be seized and summarily forfeited to the state. Controlled substances in Schedule I which are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state. (h) Species of plants from which controlled substances in Schedules I and II may derive, which have been planted or cultivated in violation of this article, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state. (i) Upon demand by the director of the Georgia Drugs and Narcotics Agency, duly authorized agents, drug agents, or law enforcement officers as set forth in subsection (b) of this Code section, the failure of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants. (j) Upon an ex parte application of the district attorney or the sheriff of the county in which property was seized, the court may order an amount, not to exceed one-fourth of the proceeds of the sale of property forfeited under this Code section, to be paid to any person furnishing information which led to the seizure of the property. The court shall specify the method in which the payment shall be made so as to protect the identity of the informer. Section 3. This Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. STATE BOARD OF CHIROPRACTIC EXAMINERS. Code Chapter 84-5 Amended. Code Title 43, Chapter 9 Amended. No. 1547 (House Bill No. 1223). AN ACT To amend Code Chapter 84-5, relating to the practice and licensure of chiropractors, as amended, so as to continue the Board of Chiropractic Examiners and the laws relating thereto but to provide for the later termination of the board and such laws; to provide that general college training requirements shall not apply to certain persons; to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure and practice of chiropractors, so as to change the meeting times of the Board of Chiropractic Examiners; to provide for the display of licenses; to continue the Board of Chiropractic Examiners and the laws relating thereto but to provide for the later termination of the board and such laws; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 84-5, relating to the practice and licensure of chiropractors, as amended, is amended by adding immediately following Code Section 84-504 a new Code Section 84-504.1 to read as follows:

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84-504.1. Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Board of Chiropractic Examiners and the laws relating thereto are hereby continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Section 2. Said Code chapter is further amended by striking the third unnumbered paragraph of Code Section 84-507 and inserting in its place a new third unnumbered paragraph to read as follows: Provided, however, that the general college training requirement set out hereinabove shall not be applicable to applicants who were students in an approved chiropractic college prior to January 1, 1964, or to persons who have been in active practice for at least ten consecutive years prior to applying for licensure in Georgia. In the latter case, the applicant may, at the discretion of the board, be given an examination as provided in Code Section 84-508 or he may be considered for reciprocity in accordance with the provisions of Code Section 84-510. Part 2 Section 3. Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to the licensure and practice of chiropractors, is amended by striking Code Section 43-9-4 and inserting in its place a new Code Section 43-9-4 to read as follows: 43-9-4. The board shall meet at such times as the board determines necessary for the performance of its duties. The board shall adopt a seal, which shall be affixed to all licenses issued and shall from time to time adopt such rules and regulations as it deems proper

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and necessary for the performance of its duties. The board shall elect annually a president and a vice president. Immediately before entering upon the duties of office, the members of the board shall take the constitutional oath of office and shall file the same in the office of the Governor, who, upon receiving the oath of office, shall issue a certificate of appointment to each member. Section 4. Said chapter is further amended by adding immediately following Code Section 43-9-10 a new Code Section 43-9-10.1 to read as follows: 43-9-10.1. Every person licensed under this chapter shall display such license in a conspicuous place in such person's principal place of business. Section 5. Said chapter is further amended by striking Code Section 43-9-20 and inserting in its place a new Code Section 43-9-20 to read as follows: 43-9-20. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Chiropractic Examiners shall be terminated on July 1, 1988, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Part 3 Section 6. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. DISPOSITION OF SEIZED PROPERTY, ETC. Code Title 17, Chapter 5 Amended. No. 1548 (House Bill No. 1240). AN ACT To amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of seized property, so as to change certain provisions relating to the return of stolen or otherwise unlawfully obtained property to rightful owners; to change certain 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. Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of seized property, is amended by striking in its entirety Code Section 17-5-50, which reads as follows: 17-5-50. (a) 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 in this subsection. 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

Page 2337

at trial in lieu of the original property. In the case of unknown or unapprehended defendants or defendants willfully absent from the jurisdiction, the court shall have discretion to appoint a guardian ad litem to represent the interest of the unknown or absent defendants. (b) Statements made by the defendant or a person representing the defendant at a hearing provided for in subsection (a) of this Code section shall not be admissible for use against the defendant at trial., and inserting in lieu thereof a new Code Section 17-5-50 to read as follows: 17-5-50. (a) The clerk or person having charge of the property section for any police department, sheriff's office, or other law enforcement agency in this state shall enter in a suitable book a description of every article of property alleged to be stolen, embezzled, or otherwise unlawfully obtained and brought into the office or taken from the person of a prisoner and shall attach a number to each article and make a corresponding entry thereof. (b) (1) Any person claiming ownership of such allegedly stolen, embezzled, or otherwise unlawfully obtained property may make application to the law enforcement agency for the return of such property. Upon such an application being filed, the clerk or person in charge of the property section shall serve upon the person from whom custody of the property was taken a copy of such application. Such person from whom custody of the property was taken shall have a reasonable opportunity to claim ownership of such property and to request a hearing on forms provided by the person in charge of the property section. (2) If the person from whom custody of the property was taken fails to assert a claim to such property, upon any applicant furnishing satisfactory proof of ownership of such property and presentation of proper personal identification, the person in charge of the property section may deliver such property to the applicant. The person to whom property is delivered shall sign, under penalty of false swearing, a declaration of ownership, which shall be retained by the person in charge of the property section. Such declaration, absent any other proof of ownership, shall be deemed satisfactory proof of ownership for the purposes of this Code section; provided, however, that, in the case of motor vehicles, trailers, tractors, or motorcycles which are required to be

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registered with the state revenue commissioner, any such stolen vehicle shall be returned to the person evidencing ownership of such vehicle through a certificate of title, tag receipt, bill of sale, or other such evidence. Prior to such delivery such person in charge of the property section shall make and retain a complete photographic record of such property. Such delivery shall be without prejudice to the state or to the person from whom custody of the property was taken or to any other person who may have a claim against the property. (3) If the person from whom custody of the property was taken asserts a claim to such property and requests a hearing, the court which examines the charge against the person accused of stealing, embezzling, or otherwise unlawfully obtaining the property, or the court before whom the trial is had for stealing, embezzling, or otherwise unlawfully obtaining the property shall conduct the hearing to determine the ownership of such property. (4) The provisions of this subsection shall not apply to any contraband or property subject to forfeiture under any provision of law. (c) 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. (d) In the case of unknown or unapprehended defendants or defendants willfully absent from the jurisdiction, the court shall have discretion to appoint a guardian ad litem to represent the interest of the unknown or absent defendants. (e) Statements made by the defendant or a person representing the defendant at a hearing provided for in subsection (b) of this Code section shall not be admissible for use against the defendant at trial. Section 2. This Act shall become effective November 1, 1982.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. GEORGIA SAFE DAMS ACT OF 1978 AMENDED. Code Title 12, Chapter 5 Amended. No. 1549 (House Bill No. 1270). AN ACT To amend an Act known as the Georgia Safe Dams Act of 1978 approved March 7, 1978 (Ga. Laws 1978, p. 795), as amended by an Act approved March 24, 1980 (Ga. L. 1980, p. 922), so as to change the definition of a dam for the purpose of changing the applicability of said Act; to change the provisions relating to inventory of dams and permits required for dams; to provide criteria for the issuance of permits; to provide for other matters relating to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act known as the Georgia Safe Dams Act of 1978, approved March 7, 1978 (Ga. L. 1978, p. 795), as amended by an Act approved March 24, 1980 (Ga. L. 1980, p. 922), is amended by striking subsection (d) of Section 3, which reads as follows: (d) `Dam' means the following: (1) Any artificial barrier, including appurtenant works, existing or being physically constructed as of the effective date of

Page 2340

this Act, which impounds or diverts water, and which (1) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation or (2) has an impounding capacity at maximum water storage elevation of fifty acre-feet or more, except that it shall not include: (A) any artificial barrier which is not in excess of six feet in height, regardless of storage capacity, or which has a storage capacity at maximum water storage elevation not in excess of fifteen acre-free, regardless of height; or (B) any artificial barrier constructed by the United States Army Corps of Engineers, the Tennessee Valley Authority, the United States Soil Conservation Service, or any other department or agency of the United States government, when such department or agency designed or approved plans and supervised construction and maintains a program of inspection; provide, however, this exemption shall cease when the supervising federal agency relinquishes authority for the operation or maintenance of such dam to a person; or (C) any artificial barrier licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission; (D) any artificial barrier classified by the Committee as a Category II Dam as same is hereinafter defined in this Act. (2) Any artificial barrier, including appurtenant works, construction of which is commenced after the effective date of this Act, which impounds or diverts water and which is fifteen feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the normal water storage elevation and which has an impounding capacity at normal water storage elevation of fifty acre-feet or more except that it shall not include any artificial barrier as described in (1)(B) and (1)(C) above or any artificial barrier which is constructed for farm uses; provided, however, such exclusion shall not apply to any artificial

Page 2341

barrier constructed for farm uses which is twenty feet or more in height as measured above and which has an impounding capacity at normal water storage elevation of fifty acre-feet or more. For purposes of this paragraph, farm uses shall mean irrigation of farmland, provision of water supply for farm animals, poultry farming, or any other activity conducted in the course of farming operations and which is not part of any residential, commercial or industrial development., in its entirety and substituting in lieu thereof a new subsection (d) of Section 3 to read as follows: (d) (1) Except as otherwise provided in paragraph (2) of this subsection, `dam' means any artificial barrier, including appurtenant works, which impounds or diverts water and which: (A) Is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if the barrier is not across a stream channel or watercourse, to the maximum water storage elevation; or (B) Has an impounding capacity at maximum water storage elevation of 50 acre-feet or more. (2) The word `dam' shall not include: (A) Any dam constructed or financially assisted by the United States Army Corps of Engineers, the Tennessee Valley Authority, the United States Soil Conservation Service, or any other department or agency of the United States government, when such department or agency designed or approved plans and supervised construction and maintains a regular program of inspection of the dam, but this exemption shall cease if the supervising federal agency notifies the Director that the dam is not in compliance with the maintenance requirements of the federal agency, provided, however, that this exemption shall cease for all such dams on November 1, 1985, unless the supervising federal agency certifies to the Director that such dams are in compliance with requirements of the Georgia Safe Dams Act, including minimum spillway design;

Page 2342

(B) Any dam licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission; or (C) Any dam classified by the Committee as a Category II Dam pursuant to Section 6 of this Act, except that such Category II dams shall be subject to the provisions of this Act for the purposes of Section 6 of this Act and for the purposes of subsection (b) of Section 7 of this Act. Section 2. Said Act is further amended by striking subsections (a) and (b) of Section 6 which read as follows: (a) In the performance of its duties the Committee shall: (1) Inventory dams in the State for the purpose of classifying such dams into various categories as defined below. For purposes of this subsection (a), the term `dam' shall include only those dams as defined in Section 3 (d)(1) (25 feet or more in height or has an impounding capacity of 50 acre-feet or more), and those artificial barriers described in subsection 7 (b) of this Act. Such inventory shall be completed within five (5) years of the effective date of this Act and the Committee shall reinventory such dams at least once every five (5) years thereafter. (2) Based upon its inventory, the Committee shall classify each dam into one of the following categories: (A) Category I - Dams where improper operation or dam failure would result in probable loss of human life. (B) Category II - Dams where improper operation or dam failure would not be expected to result in loss of human life. (3) Upon completion of inventory and classification of a dam, the Committee shall promptly notify the Director in writing of the location of the dam, the owner and operator of such dam and the category to which this dam has been assigned. (b) The Committee is authorized to contract with other State or federal agencies or private entities to accomplish the purposes of this Section.,

Page 2343

in their entirety and substituting in lieu thereof new subsections (a) and (b) Of Section 6 to read as follows: (a) It shall be the duty of the Committee to inventory the dams in this State and to classify each dam into one of the following categories: (1) Category I - Dams where improper operation or dam failure would result in probable loss of human life. (2) Category II - Dams where improper operation or dam failure would not be expected to result in loss of human life. (b) The first inventory shall be completed by July 1, 1983. The Committee shall reinventory the dams in this State at least once every five years after the completion of the first inventory. Upon the completion of the first and any subsequent inventory and the classification of a dam as provided in subsection (a) of this Section, the Committee shall promptly notify the Director in writing of the location of each Category I and II dam. Such notice to the Director shall also include the names of the owners and operators of each Category I and Category II dam. The Committee is authorized to contract with other State or federal agencies or private entities to accomplish the purposes of this Section. Section 3. Said Act is further amended by striking subsection (e) of Section 6 in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) The Committee shall have the right to direct and conduct investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Section. For this purpose, the employees of the Committee or any authorized representatives shall have the right to enter at reasonable times on any property, public or private, for the purpose of inventorying, classifying and investigating any dam and to require written reports from the owner or operator of any dam for the purpose of accomplishing its duties under this Section. It is specifically provided, however, that if the owner of the dam is a resident of the county wherein the dam is located, the Committee shall notify the owner before the Committee or its employees or representatives shall enter the property of the dam for the purposes of this Section.

Page 2344

Section 4. Said Act is further amended by striking subsection (g) of Section 6 in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: (g) Any person who desires to construct an artificial barrier for the purpose of impounding or diverting water may request of the Committee, and the Committee is authorized to furnish such person with a determination as to whether such artificial barrier, if constructed, would be a Category I or Category II dam for the purposes of this Act. Section 5. Said Act is further amended by striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows: Section 7. Permit required. (a) Any person who desires to construct a dam or who operates an existing dam shall obtain a permit from the Director for such construction, prior to the commencement thereof, or for continued operation of the dam. Any person who was operating a dam or who was in the physical process of constructing a dam on July 1, 1978, may continue to operate or construct such dam pending final action by the Director on the application for a permit, provided such application has been filed with the Director within 180 days after the Director serves upon such person a written notice that such dam has been classified as a Category I dam by the Committee in accordance with the provisions of this Act. Service of said notice upon the person shall be made by delivering the notice to him or by mailing it to him by certified mail at his home or business address. Service by mail is complete upon mailing unless the notice is returned to the Director by the U. S. Postal Department for any reason other than a refusal by the person to accept the mailing. Permits issued for the construction of dams pursuant to this Act shall also authorize the operation of such dams in accordance with the conditions contained in said permits. (b) If the Committee notifies the Director that a dam formerly classified as a Category II dam has been reclassified by the Committee as a Category I dam because of modifications in the dam or because of changing circumstances, the owner or operator of such dam shall not operate same without a permit from the Director. The Director, upon being notified by the Committee that a dam has been reclassified as a Category I dam, shall serve upon the owner or operator of said dam a written notice of the Committee's determination

Page 2345

regarding same. Within 180 days after such service of notice, said owner or operator shall apply to the Director for a permit to operate said dam. Notice shall be served in accordance with the provisions of subsection (a) of this Section. Such owner or operator may continue to operate said dam pending final action by the Director on the application for a permit. A permit to operate said dam shall be issued in accordance with the requirements of subsection (g) of this Section, notwithstanding the date specified in said subsection (g) of this Section. (c) Notwithstanding the provisions of subsection (a) of this Section, no permit shall be required to be obtained by any person who constructs a dam if the dam is constructed in connection with or incidental to `surface mining' as defined in the Georgia Surface Mining Act of 1968, as amended, but if the dam so constructed is classified by the Committee as a Category I dam such person shall, upon the completion of the mining activity in connection with which such dam was constructed, either (1) drain and reclaim the impoundment formed by such dam pursuant to such person's mined land use plan approved by the Director under the Georgia Surface Mining Act of 1968, as amended, or (2) stabilize such impoundment as a lake pursuant to such mined land use plan. If the impoundment is reclaimed as a lake and the dam which created the impoundment remains in place as a Category I dam then, before such lake is deemed acceptable reclamation and the miner is released from his obligations under the Georgia Surface Mining Act of 1968, as amended, the miner must obtain a permit for such dam under this Act. (d) Consistent with the provisions of Section 12A of this Act, the Director is authorized to establish such conditions in permits issued pursuant to this Act as are necessary to assure compliance with the provisions of this Act and all rules and regulations promulgated hereunder. The Director, under the conditions he prescribes, may require the submission of such plans, specifications and other information as he deems relevant in connection with the issuance of such permits and subsequent construction and operation of such dams. (e) Permit applications for the construction of dams shall be accompanied by a certificate from a professional engineer registered to practice in Georgia stating that he is responsible for the design of the dam and that said design meets the standards of this Act and the rules and regulations promulgated hereunder. As an alternative to a certificate from a professional engineer, the Director may accept a

Page 2346

permit application accompanied by a certificate from the United States Soil Conservation Service stating that the design of the dam meets the standards of this Act and the rules and regulations promulgated hereunder. (f) If the Director disapproves an application for construction of a dam, a copy of the application shall be returned to the applicant with a statement for the reasons for such disapproval. Such applicant may reapply incorporating the improvements indicated by the Director. (g) (1) Permits authorizing the operation of dams in existence or being physically constructed on July 1, 1978, shall be issued only in conformity with the requirements of paragraph (2) of this subsection and only when one of the following conditions precedent is met: (A) Approval by the Director of the applicant's submission of a detailed engineering study of the dam, prepared by a professional engineer registered by the State of Georgia or prepared by the United States Soil Conservation Service; or (B) Approval by the Director of a written report prepared by the Division or other authorized agency under contract with the Director entered into upon behalf of the Division, after a visual inspection has been performed by such agency under the supervision of a professional engineer registered by the State of Georgia; or (C) Approval by the Director of the applicant's submission of a written report prepared by a professional engineer registered by the State of Georgia after a visual inspection has been performed under the supervision of such engineer. (2) In order for an existing dam to receive a permit authorizing its operation under this subsection, such dam shall comply with the design standards established pursuant to this Act and the rules and regulations promulgated hereunder. In the event a visual inspection provided for in subparagraph (B) of paragraph (1) of this subsection or subparagraph (c) of paragraph (1) of this subsection reveals that distress of the dam is indicated by various conditions including, but not limited to, lack of adequate maintenance, seepage, surface cracks, settlement, movement or erosion,

Page 2347

or when such inspection indicates that the dam was not designed or constructed in accordance with the requirements of this Act and the rules and regulations promulgated hereunder, a permit may be issued only after the Director has received a detailed engineering study as provided for in subparagraph (A) of paragraph (1) of this subsection. Based upon a review of such study, the Director shall deny the permit or issue same subject to conditions necessary to bring the dam into compliance with the Act and the rules and regulations promulgated hereunder. (h) The visual inspection performed pursuant to subparagraph 7 (g) (1) (B) shall be made by the Division or under the provisions of a contract between the Director entered into upon behalf of the Division and the United States Army Corps of Engineers, the United States Soil Conservation Service, the Georgia Department of Transportation, or some other governmental agency. (i) The Director may revoke, suspend or modify any permit issued pursuant to this Act or deny the issuance of a permit for cause including, but not limited to, the following: (1) violation of any condition of said permit; (2) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts; (3) violation of any provision of this Act or any rule or regulation promulgated hereunder; (4) failure to comply with dam safety standards provided for in this Act or any rules and regulations promulgated hereunder; (5) change in any condition that requires revocation, suspension or modification of a permit in order to insure compliance with the Act or any rules and regulations promulgated hereunder. Section 6. Said Act is further amended by striking paragraph (4) of subsection (a) of Section 12 which reads as follows: (4) requiring a dam to have total spillway(s) designed to safely pass, without danger of overtopping flood waters in accordance with the objectives of this Act;, in its entirety.

Page 2348

Section 7. Said Act is further amended by adding between Sections 12 and 13 a new Section 12A to read as follows: Section 12A. Criteria for permits. (a) For the purposes of this Section: (1) `PMP means probable maximum precipitation determined by the United States Weather Service to be the greatest amount of rainfall of a six hour duration which would be expected for a given location. (2) `Height' means the height of a dam determined in the manner described by subsection (d) of Section 3 of this Act. (3) `Acre-feet' means the measurement of the impounding capacity of a dam as described in subsection (d) of Section 3 of this Act. (b) All Category I dams identified by the Committee pursuant to Section 6 of this Act shall be subclassified by the Director as follows: (1) Small dams - Those with a storage capacity not exceeding 500 acre-feet and a height not exceeding 25 feet. (2) Medium dams - Those with a storage capacity exceeding 500 acre-feet but not exceeding 1,000 acre-feet or a height exceeding 25 feet but not exceeding 35 feet. (3) Large dams - Those with a storage capacity exceeding 1,000 acre-feet but not exceeding 50,000 acre-feet or a height exceeding 35 feet but not exceeding 100 feet. (4) Very large dams - Those with a storage capacity exceeding 50,000 acre-feet or a height exceeding 100 feet. (c) Permits issued pursuant to this Act shall require minimum spillway design as follows: (1) Small dams - 1/4 PMP (2) Medium dams - 1/3 PMP (3) Large dams - 1/2 PMP (4) Very large dams - PMP.

Page 2349

Part 2 Section 8. Part 3 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Safe Dams Act of 1978, is amended by striking paragraph (4) of Code Section 12-5-372 which reads as follows: (4) `Dam' means the following: (A) Any artificial barrier, including appurtenant works, existing or being physically constructed as of July 1, 1978, which impounds or diverts water, and which either (1) is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation or (2) has an impounding capacity at maximum water storage elevation of 50 acre-feet or more, except that it shall not include: (i) any artificial barrier which is not in excess of six feet in height, regardless of storage capacity, or which has a storage capacity at maximum water storage elevation not in excess of 15 acre-free, regardless of height; (ii) any artificial barrier constructed by the United States Army Corps of Engineers, the Tennessee Valley Authority, the United States Soil Conservation Service, or any other department or agency of the United States government, when such department or agency designed or approved plans and supervised construction and maintains a program of inspection; provide, however, this exemption shall cease when the supervising federal agency relinquishes authority for the operation or maintenance of such dam to a person; (iii) any artificial barrier licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission; (iv) any artificial barrier classified by the Committee as a Category II Dam as same is defined in Code Section 12-5-375.

Page 2350

(B) Any artificial barrier, including appurtenant works, construction of which is commenced July 1, 1978, which impounds or diverts water and which is 15 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the normal water storage elevation and which has an impounding capacity at normal water storage elevation of 50 acre-feet or more except that it shall not include any artificial barrier as described in divisions (ii) and (iii) of subparagraph (a) of this paragraph or any artificial barrier which is constructed for farm uses which is 20 feet or more in height, measured as provided in this paragraph, and which has an impounding capacity at normal water storage elevation of 50 acre-feet or more. For purposes of this subparagraph, `farm uses' means irrigation of farmland, provision of water supply for farm animals, poultry farming, or any other activity conducted in the course of farming operations and which is not part of any residential, commercial or industrial development., in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows: (4) (A) Except as otherwise provided in subparagraph (B) of this paragraph, `dam' means any artificial barrier, including appurtenant works, which impounds or diverts water and which: (i) Is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if the barrier is not across a stream channel or watercourse, to the maximum water storage elevation; or (ii) Has an impounding capacity at maximum water storage elevation of 50 acre-feet or more. (B) The word `dam' shall not include: (i) Any dam constructed or financially assisted by the United States Army Corps of Engineers, the Tennessee Valley Authority, the United States Soil Conservation Service, or any other department or agency of the United States government, when such department or agency designed or

Page 2351

approved plans and supervised construction and maintains a regular program of inspection of the dam, but this exemption shall cease if the supervising federal agency notifies the director that the dam is not in compliance with the maintenance requirements of the federal agency, provided, however, that this exemption shall cease for all such dams on November 1, 1985, unless the supervising federal agency certifies to the director that such dams are in compliance with requirements of the `Georgia Safe Dams Act,' including minimum spillway design; (ii) Any dam licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission; or (iii) Any dam classified by the Committee as a Category II Dam pursuant to Code Section 12-5-375 of this part, except that such Category II dams shall be subject to the provisions of this part for the purposes of said Code Section 12-5-375 of this part and for the purposes of subsection (b) of Code Section 12-5-376 of this part. Section 9. Said Part 3 is further amended by striking subparagraph (D) of paragraph (1) of Code Section 12-5-374 which reads as follows: (D) Requiring a dam to have total spillways designed to safely pass, without danger of overtopping, flood waters in accordance with the objectives of this part;, in its entirety and by redesignating subparagraphs (E), (F), and (G) of said paragraph (1) as subparagraphs (D), (E), and (F), respectively. Section 10. Said Part 3 is further amended by striking subsections (a) and (b) of Code Section 12-5-375, which read as follows: (a) In the performance of its duties: (1) The committee shall inventory dams in the state for the purpose of classifying such dams into various categories as defined in paragraph (2) of this subsection. For purposes of this subsection the term `dam' shall include only those dams as defined in subparagraph (A) of paragraph (4) of Code Section 12-5-372, and

Page 2352

those artificial barriers described in subsection (b) of Code Section 12-5-376. Such inventory shall be completed by July 1, 1983, and the committee shall reinventory such dams at least once every five years thereafter. (2) Based upon its inventory, the committee shall classify each dam into one of the following categories: (A) Category I - Dams where improper operation or dam failure would result in probable loss of human life. (B) Category II - Dams where improper operation or dam failure would not be expected to result in loss of human life. (3) Upon completion of inventory and classification of a dam, the Committee shall promptly notify the director in writing of the location of the dam, the owner and operator of such dam and the category to which the dam has been assigned. (b) The Committee is authorized to contract with other State or federal agencies or private entities to accomplish the purposes of this Section., in thier entirety and substituting in lieu thereof new subsections (a) and (b) to read as follows: (a) It shall be the duty of the committee to inventory the dams in this state and to classify each dam into one of the following categories: (1) Category I - Dams where improper operation or dam failure would result in probable loss of human life. (2) Category II - Dams where improper operation or dam failure would not be expected to result in loss of human life. (b) The first inventory shall be completed by July 1, 1983. The committee shall reinventory the dams in this state at least once every five years after the completion of the first inventory. Upon the completion of the first and any subsequent inventory and the classification of a dam as provided in subsection (a) of this Code section, the committee shall promptly notify the director in writing of the location

Page 2353

of each Category I and II dam. Such notice to the director shall also include the names of the owners and operators of each Category I and Category II dam. The committee is authorized to contract with other state or federal agencies or private entities to accomplish the purposes of this Code section. Section 11. Said Part 3 is further amended by striking subsection (e) of Code Section 12-5-375 in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) The committee shall have the right to direct and conduct investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Code section. For this purpose, the employees of the committee or any authorized representatives shall have the right to enter at reasonable times on any property, public or private, for the purpose of inventorying, classifying, and investigating any dam and to require written reports from the owner or operator of any dam for the purpose of accomplishing its duties under this Code section. It is specifically provided, however, that if the owner of the dam is a resident of the county wherein the dam is located, the committee shall notify the owner before the committee or its employees or representatives shall enter the property of the dam for the purposes of this Code section. Section 12. Said Part 3 is further amended by striking subsection (g) of Code Section 12-5-375 in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: (g) Any person who desires to construct an artificial barrier for the purpose of impounding or diverting water may request of the committee, and the committee is authorized to furnish such person with a determination as to whether such artificial barrier, if constructed, would be a Category I or Category II dam for the purposes of this part. Section 13. Said Part 3 is further amended by striking Code Section 12-5-376 in its entirety and substituting in lieu thereof a new Code Section 12-5-376 to read as follows: 12-5-376. (a) Any person who desires to construct a dam but has not commenced such construction as of July 1, 1978, shall obtain a permit from the director to construct a dam prior to commencement of construction. Any person who is operating a dam or who is in the

Page 2354

physical process of constructing a dam as of July 1, 1978, shall obtain a permit from the director for such operation or construction, provided that the person may continue to operate or construct such dam pending final action by the director on the application for a permit; provided, further, that such application has been filed with the director within 180 days after the director serves upon the person a written notice that such dam has been classified as a category I dam by the committee in accordance with Code Section 12-5-375. Service of notice upon the person shall be made by delivering the notice to him or by mailing it to him by certified mail at his home or business address. Service by mail is complete upon mailing unless the notice is returned to the director by the U. S. Postal Service for any reason other than a refusal by the person to accept the mailing. Permits issued for the construction of dams pursuant to this part shall also authorize the operation of such dams in accordance with the conditions contained in such permits. (b) If the committee notifies the director that a dam formerly classified as a Category II dam has been reclassified by the committee as a Category I dam because of modification in the dam or because of changing circumstances, the director shall serve upon the owner or operator of the dam a written notice of the committee's determination regarding the dam. Within 180 days after such service of notice, the owner or operator shall apply to the director for a permit to operate the dam. Notice shall be served in accordance with subsection (a) of this Code section. Such owner or operator may continue to operate the dam pending final action by the director on the application for a permit. A permit to operate such dam shall be issued in accordance with the requirements of subsection (g) of this Code section, notwithstanding the date specified in said subsection (g). (c) Notwithstanding subsection (a) of this Code section, no permit shall be required to be obtained by any person who constructs a dam, if the dam is constructed in connection with or incidental to `surface mining' as defined in Part 3 of Article 2 of Chapter 4 of this title, but if the dam so constructed is classified by the committee as a Category I dam, the owner or operator shall, upon the completion of the mining activity in connection with which such dam was constructed, either drain and reclaim the impoundment formed by such dam pursuant to such person's mined land use plan approved by the director under Part 3 of Article 2 of Chapter 4 of this title, the `Georgia Surface Mining Act of 1968,' or stabilize such impoundment as a lake pursuant to such mined land use plan. If the impoundment is

Page 2355

reclaimed as a lake and the dam which created the impoundment remains in place as a category I dam, then, before such lake is deemed acceptable reclamation and the miner is released from his obligations under Part 3 of Article 2 of Chapter 4 of this title the miner must obtain a permit for such dam as provided by this part. (d) Consistent with the provisions of Code Section 12-5-376.1 of this part, the director is authorized to establish such conditions in permits issued pursuant to this part as are necessary to assure compliance with this part and all rules and regulations promulgated hereunder. The director, under the conditions he prescribes, may require the submission of such plans, specifications, and other information as he deems relevant in connection with the issuance of such permits and subsequent construction and operation of such dams. (e) Permit application for the construction of dams shall be accompanied by a certificate from a professional engineer registered to practice in Georgia stating that he is responsible for the design of the dam and that the design meets the standards of this part and the rules and regulations promulgated hereunder. As an alternative to a certificate from a professional engineer, the director may accept a permit application accompanied by a certificate from the United States Soil Conservation Service stating that the design of the dam meets the standards of this part and the rules and regulations promulgated hereunder. (f) If the director disapproves an application for construction of a dam, a copy of the application shall be returned to the applicant with a statement of the reasons for such disapproval. Such applicant may reapply incorporating the improvements indicated by the director. (g) Permits authorizing the operation of dams in existence or being physically constructed as of July 1, 1978, shall be issued only when one of the following conditions precedent is met: (1) Approval by the director of the applicant's submission of a detailed engineering study of the dam, prepared by a professional engineer registered by the State of Georgia or prepared by the United States Soil Conservation Service;

Page 2356

(2) Approval by the director of a written report prepared by the division or other authorized agency under contract with the director entered into upon behalf of the division after a visual inspection has been performed by such agency under the supervision of a professional engineer registered by the State of Georgia; or (3) Approval by the director of the applicant's submission of a written report prepared by a professional engineer registered by the State of Georgia after a visual inspection has been performed under the supervision of such engineer. (h) Subsection (g) of this Code section shall not be construed as exempting any existing dam from compliance with the design standards established pursuant to this part and the rules and regulations promulgated hereunder prior to the issuance of a permit authorizing the operation of such dam. Further, in the event a visual inspection provided for in paragraph (2) or paragraph (3) of subsection (g) of this Code section reveals that distress of the dam is indicated by various conditions including, but not limited to, lack of adequate maintenance, seepage, surface cracks, settlement, movement, or erosion, or when such inspection indicates that the dam was not designed or constructed in accordance with the requirements of this part and the rules and regulations promulgated hereunder, a permit may be issued only after the director has received a detailed engineering study as provided for in paragraph (1) of subsection (g) of this Code section. Based upon a review of such study, the director shall deny the permit or issue it subject to conditions necessary to bring the dam into compliance with this part and the rules and regulations promulgated hereunder. (i) The visual inspection performed pursuant to paragraph (2) of subsection (g) of this Code section shall be made by the division or under the provisions of a contract between the director entered into upon behalf of the division and the United States Army Corps of Engineers, the United States Soil Conservation Service, the Georgia Department of Transportation, or some other governmental agency. (j) The director may revoke, suspend, or modify any permit issued pursuant to this part or deny the issuance of a permit for cause, including, but not limited to, the following:

Page 2357

(1) Violation of any condition of the permit; (2) Obtaining a permit by misrepresentation or by failure to disclose fully all relevant facts; (3) Violation of any provision of this part or any rule or regulation promulgated hereunder; (4) Failure to comply with dam safety standards provided for in this part or any rules and regulations promulgated hereunder; (5) Change in any condition that requires revocation, suspension, or modification of a permit in order to ensure compliance with this part or any rules and regulations promulgated hereunder. Section 14. Said Part 3 is further amended by adding between Code Sections 12-5-376 and 12-5-377 a new Code Section 12-5-376.1 to read as follows: 12-5-376.1. (a) For the purposes of this Code section: (1) `PMP' means probable maximum precipitation as determined by the United States Weather Service to be the greatest amount of rainfall of a six-hour duration which would be expected for a given location. (2) `Height' means the height of a dam determined in the manner described by paragraph (4) of Code Section 12-5-372 of this part. (3) `Acre-feet' means the measurement of the impounding capacity of a dam as described in paragraph (4) of Code Section 12-5-372 of this part. (b) All Category I dams identified by the committee pursuant to Code Section 12-5-375 shall be subclassified by the director as follows: (1) Small dams - Those with a storage capacity not exceeding 500 acre-feet and a height not exceeding 25 feet.

Page 2358

(2) Medium dams - Those with a storage capacity exceeding 500 acre-feet but not exceeding 1,000 acre-feet or a height exceeding 25 feet but not exceeding 35 feet. (3) Large dams - Those with a storage capacity exceeding 1,000 acre-feet but not exceeding 50,000 acre-feet or a height exceeding 35 feet but not exceeding 100 feet. (4) Very large dams - Those with a storage capacity exceeding 50,000 acre-feet or a height exceeding 100 feet. (c) Permits issued pursuant to this part shall require minimum spillway design as follows: (1) Small dams - 1/4 PMP (2) Medium dams - 1/3 PMP (3) Large dams - 1/2 PMP (4) Very large dams - PMP. Part 3 Section 15. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 16. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

Page 2359

CRIMES USE OF COMMUNICATION FACILITIES IN COMMITTING CRIMES. Code Section 16-13-32 Amended. No. 1550 (House Bill No. 1283). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to make it unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter; to define a certain term; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding between Code Sections 16-13-32.2 and 16-13-33 a new Code section, to be designated Code Section 16-13-32.3, to read as follows: 16-13-32.3. (a) It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter. Each separate use of a communication facility shall be a separate offense under this Code section. For purposes of this Code section, the term `communication facility' means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, and all other means of communication. (b) Any person who violates subsection (a) of this Code section shall be punished by a fine of not more than $30,000.00 or by imprisonment for not less than one nor more than four years, or both. Section 2. This Act shall become effective November 1, 1982.

Page 2360

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 22, 1982. WORKERS' COMPENSATION ACT AMENDED. Code Title 114 Amended. Code Title 34, Chapter 9 Amended. No. 1551 (House Bill No. 1301). AN ACT To amend Code Title 114, relating to Workers' Compensation, as amended, so as to provide that corporate officers may elect to be exempt from coverage under the Workers' Compensation Law; to provide for procedures, requirements and other matters relative thereto; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 114, relating to Workers' Compensation, as amended, is amended by adding at the end of Code Section 114-101 a new paragraph to read as follows: Notwithstanding the foregoing provisions of this Section, any officer of a corporation may elect to be exempt from coverage under this Title by filing written certification of such election with the State Board of Workers' Compensation as provided in Section 114-201 of this Title.

Page 2361

Section 2. Said Code Title is further amended by adding a new Code Chapter immediately following Chapter 114-1 to be designated Chapter 114-2 to read as follows: Chapter 114-2 Exemptions from Coverage 114-201. Corporate officers. (a) A corporate officer who elects to be exemption from coverage under this Title shall make such election by giving written certification to the State Board of Workers' Compensation. (b) A corporate officer who has exempted himself by proper certification from coverage under this Title may at any time revoke such exemption and thereby accept coverage under this Title by giving certification to such effect in the same manner as provided in subsection (a) relative to exemption from coverage. (c) No certification given pursuant to subsection (a) or (b) of this Section shall become effective until 30 days after it is filed with the State Board of Workers' Compensation. Part 2 Section 3. Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions of the workers' compensation law, is amended by adding at the end of paragraph (2) of Code Section 34-9-1 the following paragraph: Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article. Section 4. Said Article 1 of Chapter 9 of Title 34 is further amended by adding immediately following Code Section 34-9-2 a new Code Section 34-9-2.1 to read as follows: 34-9-2.1. (a) A corporate officer who elects to be exempt from coverage under this chapter shall make such election by giving written certification to the State Board of Workers' Compensation.

Page 2362

(b) A corporate officer who has exempted himself by proper certification from coverage under this chapter may at any time revoke such exemption and thereby accept coverage under this chapter by giving certification to such effect in the same manner as provided in subsection (a) relative to exemption from coverage. (c) No certification given pursuant to subsection (a) or (b) of this Code section shall become effective until 30 days after it is filed with the State Board of Workers' Compensation. Part 3 Section 5. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDED. Code Section 47-17-82 Amended. No. 1552 (House Bill No. 1313). AN ACT To amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended by

Page 2363

an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p. 314), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), an Act approved March 17, 1959 (Ga. L. 1959, p. 330), an Act approved February 12, 1962 (Ga. L. 1962, p. 39), an Act approved March 30, 1963 (Ga. L. 1963, p. 386), an Act approved April 2, 1963 (Ga. L. 1963, p. 262), an Act approved March 26, 1964 (Ga. L. 1964, p. 757), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), an Act approved March 10, 1966 (Ga. L. 1966, p. 395), an Act approved April 2, 1968 (Ga. L. 1968, p. 536), an Act approved March 14, 1969 (Ga. L. 1969, p. 74), an Act approved February 26, 1970 (Ga. L. 1970, p. 93), an Act approved March 10, 1970 (Ga. L. 1970, p. 199), an Act approved March 1, 1971 (Ga. L. 1971, p. 12), an Act approved March 12, 1973 (Ga. L. 1973, p. 57), an Act approved March 12, 1973 (Ga. L. 1973, p. 63), an Act approved March 28, 1974 (Ga. L. 1974, p. 1201), an Act approved March 28, 1974 (Ga. L. 1974, p. 1204), an Act approved April 18, 1975 (Ga. L. 1975, p. 578), an Act approved March 24, 1976 (Ga. L. 1976, p. 580), an Act approved March 23, 1977 (Ga. L. 1977, p. 682), an Act approved April 5, 1978 (Ga. L. 1978, p. 1921), an Act approved March 21, 1979 (Ga. L. 1979, p. 430), an Act approved March 25, 1980 (Ga. L. 1980, p. 1121), an Act approved March 23, 1981 (Ga. L. 1981, p. 454), and an Act approved April 7, 1981 (Ga. L. 1981, p. 710), so as to change the amount to be paid to a beneficiary upon the death of a peace officer; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as

Page 2364

amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p. 314), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), an Act approved March 17, 1959 (Ga. L. 1959, p. 330), an Act approved February 12, 1962 (Ga. L. 1962, p. 39), an Act approved March 30, 1963 (Ga. L. 1963, p. 386), an Act approved April 2, 1963 (Ga. L. 1963, p. 262), an Act approved March 26, 1964 (Ga. L. 1964, p. 757), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), an Act approved March 10, 1966 (Ga. L. 1966, p. 395), an Act approved April 2, 1968 (Ga. L. 1968, p. 536), an Act approved March 14, 1969 (Ga. L. 1969, p. 74), an Act approved February 26, 1970 (Ga. L. 1970, p. 93), an Act approved March 10, 1970 (Ga. L. 1970, p. 199), an Act approved March 1, 1971 (Ga. L. 1971, p. 12), an Act approved March 12, 1973 (Ga. L. 1973, p. 57), an Act approved March 12, 1973 (Ga. L. 1973, p. 63), an Act approved March 28, 1974 (Ga. L. 1974, p. 1201), an Act approved March 28, 1974 (Ga. L. 1974, p. 1204), an Act approved April 18, 1975 (Ga. L. 1975, p. 578), an Act approved March 24, 1976 (Ga. L. 1976, p. 580), an Act approved March 23, 1977 (Ga. L. 1977, p. 682), an Act approved April 5, 1978 (Ga. L. 1978, p. 1921), an Act approved March 21, 1979 (Ga. L. 1979, p. 430), an Act approved March 25, 1980 (Ga. L. 1980, p. 1121), an Act approved March 23, 1981 (Ga. L. 1981, p. 454), and an Act approved April 7, 1981 (Ga. L. 1981, p. 710), is amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows: Section 13. A peace officer, upon becoming a member of the fund, and after having designated a beneficiary, shall be issued a certificate by the board whereby the board shall agree to pay the sum of $3,000, or such lesser amount as might be arrived at as hereinafter provided, to such beneficiary upon the death of such peace officer. If a member has received $1,000 or more in retirement benefits at the time of his death, such beneficiary shall only be entitled to receive $2,000 upon the death of such peace officer. If a member has received less than $1,000 in retirement benefits at the time of his death, such beneficiary shall only be entitled to receive an amount which, when added to the amount already received by the officer, will total $3,000. Any peace officer who, after lawfully becoming a member of said Annuity and Benefit Fund and while paying dues therein, shall

Page 2365

receive an injury by external accident or violence arising out of and in the course of the employment as such officer and not resulting from willful misconduct of such officer from which injury, death of such officer shall result as the direct and proximate cause thereof, within a period of 12 months of the date thereof, the designated beneficiary of said officer shall, upon application to the Board of Commissioners and lawful proof of said injury and death as the direct and proximate result thereof, be paid a sum of $5,000, $3,000 of which shall be paid instanter and the balance at the rate of $100.00 per month for a period of 20 months immediately subsequent to the date of said death. Provided, however, if such peace officer received any disability benefits under provisions of this Act, the $5,000.00 death benefits provided for under this section shall be reduced in the amount of such disability benefits received, however, in no event shall such death benefit be less than $2,000.00, regardless of the amount of benefits such peace officer may have drawn prior to his death. Part 2 Section 2. Code Section 47-17-82 of the Official Code of Georgia Annotated, relating to payments to a beneficiary upon the death of a peace officer, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 47-17-82 to read as follows: 47-17-82. (a) A peace officer, upon becoming a member of the fund and after having designated a beneficiary, shall be issued a certificate by the board whereby the board shall agree to pay the sum of $3,000.00, or such lesser amount as might be arrived at under this Code section, to such beneficiary upon the death of such member. If a member has received $1,000.00 or more in retirement benefits at the time of his death, such beneficiary shall only be entitled to receive $2,000.00 upon the death of such member. If a member has received less than $1,000.00 in retirement benefits at the time of his death, such beneficiary shall only be entitled to receive an amount which, when added to the amount already received by the member, will total $3,000.00. (b) The designated beneficiary of any dues-paying member who receives an injury by external accident or violence arising out of and in the course of the employment as a peace officer and not resulting from willful misconduct of such officer, which injury is the direct and proximate cause of death within 12 months of the date of the injury,

Page 2366

shall, upon application to the board and lawful proof of such injury and death as the direct and proximate result thereof, be paid a sum of $5,000.00, $3,000.00 of which shall be paid immediately and the balance at the rate of $100.00 per month for a period of 20 months immediately subsequent to the date of death, provided that, if such peace officer received any disability benefits under this chapter, the $5,000.00 death benefit provided for under this Code section shall be reduced in the amount of such disability benefits received; provided, further, that in no event shall such death benefit be less than $2,000.00, regardless of the amount of benefits such peace officer may have drawn prior to his death. (c) Applications for such benefits shall contain such information as the board shall desire. Part 3 Section 3. (a) Except as otherwise provided in subsection (c) of this section, this Act shall become effective on April 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

Page 2367

PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDED. Code Section 47-17-81 Amended. No. 1553 (House Bill No. 1314). AN ACT To amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p. 314), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), an Act approved March 17, 1959 (Ga. L. 1959, p. 330), an Act approved February 12, 1962 (Ga. L. 1962, p. 39), an Act approved March 30, 1963 (Ga. L. 1963, p. 386), an Act approved April 2, 1963 (Ga. L. 1963, p. 262), an Act approved March 26, 1964 (Ga. L. 1964, p. 757), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), an Act approved March 10, 1966 (Ga. L. 1966, p. 395), an Act approved April 2, 1968 (Ga. L. 1968, p. 536), an Act approved March 14, 1969 (Ga. L. 1969, p. 74), an Act approved February 26, 1970 (Ga. L. 1970, p. 93), an Act approved March 10, 1970 (Ga. L. 1970, p. 199), an Act approved March 1, 1971 (Ga. L. 1971, p. 12), an Act approved March 12, 1973 (Ga. L. 1973, p. 57), an Act approved March 12, 1973 (Ga. L. 1973, p. 63), an Act approved March 28, 1974 (Ga. L. 1974, p. 1201), an Act approved March 28, 1974 (Ga. L. 1974, p. 1204), an Act approved April 18, 1975 (Ga. L. 1975, p. 578), an Act approved March 24, 1976 (Ga. L. 1976, p. 580), an Act approved March 23, 1977 (Ga. L. 1977, p. 682), an Act approved April 5, 1978 (Ga. L. 1978, p. 1921), an Act approved March 21, 1979 (Ga. L. 1979, p. 430), an Act approved March 25, 1980 (Ga. L. 1980, p. 1121), an Act approved March 23, 1981 (Ga. L. 1981, p. 454), and an Act approved April 7, 1981 (Ga. L. 1981, p. 710), so as to change the provisions relative to disability benefits for certain members; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes.

Page 2368

Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p. 314), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), an Act approved March 17, 1959 (Ga. L. 1959, p. 330), an Act approved February 12, 1962 (Ga. L. 1962, p. 39), an Act approved March 30, 1963 (Ga. L. 1963, p. 386), an Act approved April 2, 1963 (Ga. L. 1963, p. 262), an Act approved March 26, 1964 (Ga. L. 1964, p. 757), an Act approved April 8, 1965 (Ga. L. 1965, p. 593), an Act approved March 10, 1966 (Ga. L. 1966, p. 395), an Act approved April 2, 1968 (Ga. L. 1968, p. 536), an Act approved March 14, 1969 (Ga. L. 1969, p. 74), an Act approved February 26, 1970 (Ga. L. 1970, p. 93), an Act approved March 10, 1970 (Ga. L. 1970, p. 199), an Act approved March 1, 1971 (Ga. L. 1971, p. 12), an Act approved March 12, 1973 (Ga. L. 1973, p. 57), an Act approved March 12, 1973 (Ga. L. 1973, p. 63), an Act approved March 28, 1974 (Ga. L. 1974, p. 1201), an Act approved March 28, 1974 (Ga. L. 1974, p. 1204), an Act approved April 18, 1975 (Ga. L. 1975, p. 578), an Act approved March 24, 1976 (Ga. L. 1976, p. 580), an Act approved March 23, 1977 (Ga. L. 1977, p. 682), an Act approved April 5, 1978 (Ga. L. 1978, p. 1921), an Act approved March 21, 1979 (Ga. L. 1979, p. 430), an Act approved March 25, 1980 (Ga. L. 1980, p. 1121), an Act approved March 23, 1981 (Ga. L. 1981, p. 454), and an Act approved April 7, 1981 (Ga. L. 1981, p. 710), is amended by striking subsection (r) of Section 12 in its entirety and inserting in lieu thereof a new subsection (r) to read as follows: (r) Any other provision of law to the contrary notwithstanding, any member who is receiving disability benefits pursuant to this Section on April 1, 1982, and who had at least 20 years of creditable service at the time such member first became eligible for such disability benefits shall receive the same benefits as a member who retires at age 55 or older with 20 years of creditable service under the provisions of Section 11. For each year of service above 20 years but

Page 2369

not more than 30 years which such member had when first becoming eligible to receive disability benefits, the benefits shall be the same as those provided for the same number of years of creditable service under the provisions of Section 11. The benefits of such members who are receiving disability benefits pursuant to this Section on April 1, 1982, shall be recomputed and the increased benefits shall be paid to such members beginning April 1, 1982. Any member who first becomes eligible to receive disability benefits after April 1, 1982, who has the required years of creditable service as provided in this subsection shall have his benefits computed and paid in the same manner as provided hereinbefore in this subsection. Part 2 Section 2. Code Section 47-17-81 of the Official Code of Georgia Annotated, relating to disability benefits, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Any other provision of law to the contrary notwithstanding, any member who is receiving disability benefits pursuant to this Code section on April 1, 1982, and who had at least 20 years of creditable service at the time such member first became eligible for such disability benefits shall receive the same benefits as a member who retires at age 55 or older with 20 years of creditable service under the provisions of Code Section 47-17-80. For each year of service above 20 years but not more than 30 years which such member had when first becoming eligible to receive disability benefits, the benefits shall be the same as those provided for the same number of years of creditable service under the provisions of Code Section 47-17-80. The benefits of such members who are receiving disability benefits pursuant to this Code section on April 1, 1982, shall be recomputed and the increased benefits shall be paid to such members beginning April 1, 1982. Any member who first becomes eligible to receive disability benefits after April 1, 1982, who has the required years of creditable service as provided in this subsection shall have his benefits computed and paid in the same manner as provided hereinbefore in this subsection. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective on April 1, 1982.

Page 2370

(b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. CRIMES COUNTERFEIT CONTROLLED SUBSTANCES, ETC. Code Title 16, Chapter 13 Amended. No. 1554 (House Bill No. 1349). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the definition of the term counterfeit substance; to define the term noncontrolled substance; to provide for the definition of additional terms; to make it unlawful to manufacture, deliver, distribute, dispense, or sell a noncontrolled substance upon the express or implied representation that the substance is a narcotic or nonnarcotic controlled substance or upon the express or implied representation that the substance is of such nature or appearance that the recipient of said delivery will be able to distribute said substance as a controlled substance or that the substance will have the same pharmacological action or effect as a controlled substance; to provide for prima-facie evidence of the implied representation; to provide that a certain belief on the part of the accused is no defense; to provide for exemptions; to provide for penalties; to provide for forfeiture of certain property; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2371

Be it enacted by the General Assembly of Georgia: Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking in its entirety paragraph (6) of Code Section 16-13-21 and inserting in lieu thereof a new paragraph (6) to read as follows: (6) `Counterfeit substance' means: (A) A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the controlled substance; (B) A controlled substance or noncontrolled substance, which is held out to be a controlled substance or marijuana, whether in a container or not which does not bear a label which accurately or truthfully identifies the substance contained therein; or (C) Any substance, whether in a container or not, which bears a label falsely identifying the contents as a controlled substance. Section 2. Said chapter is further amended by adding after paragraph (28) of Code Section 16-13-21 a new paragraph (29) to read as follows: (29) `Noncontrolled substance' means any drug or other substance other than a controlled substance as defined by paragraph (4) of this Code section. Section 3. Said chapter is further amended by adding between Code Sections 16-13-30 and 16-13-31 a new Code section, to be designated Code Section 16-13-30.1, to read as follows: 16-13-30.1. (a) (1) It is unlawful for any person knowingly to manufacture, deliver, distribute, dispense, possess with the intent to distribute, or sell a noncontrolled substance upon either:

Page 2372

(A) The express or implied representation that the substance is a narcotic or nonnarcotic controlled substance; (B) The express or implied representation that the substance is of such nature or appearance that the recipient of said delivery will be able to distribute said substance as a controlled substance; or (C) The express or implied representation that the substance has essentially the same pharmacological action or effect as a controlled substance. (2) The definitions of the terms `deliver,' `delivery,' `distribute,' `dispense,' and `manufacture' provided in Code Section 16-13-21 shall not be applicable to this Code section; but such terms as used in this Code section shall have the meanings ascribed to them in the ordinary course of business. (b) An implied representation may be shown by proof of any two of the following: (1) The manufacture, delivery, distribution, dispensing, or sale included an exchange or a demand for money or other valuable property as consideration for delivery of the substance and the amount of such consideration was substantially in excess of the reasonable value of the noncontrolled substance; (2) The physical appearance of the finished product containing the substance is substantially identical to a specific controlled substance; (3) The finished product bears an imprint, identifying mark, number, or device which is substantially identical to the trademark, identifying mark, imprint, number, or device of a manufacturer licensed by the Food and Drug Administration of the United States Department of Health and Human Services. (c) In any prosecution for unlawful manufacture, delivery, distribution, possession with intent to distribute, dispensing, or sale of a noncontrolled substance, it is no defense that the accused believed the noncontrolled substance to be actually a controlled substance.

Page 2373

(d) The provisions of this Code section shall not prohibit a duly licensed business establishment, acting in the usual course of business, from selling or for a practitioner, acting in the usual course of his professional practice, from dispensing a drug preparation manufactured by a manufacturer licensed by the Food and Drug Administration of the United States Department of Health and Human Services for over-the-counter sale which does not bear a label stating `Federal law prohibits dispensing without a prescription' or similar language meaning that the drug preparation requires a prescription. (e) The unlawful manufacture, delivery, distribution, dispensing, possession with the intention to distribute, or sale of a noncontrolled substance in violation of this Code section is a felony and, upon conviction thereof, such person shall be punished by imprisonment for not less than one year nor more than ten years or by a fine not to exceed $25,000.00, or both. (f) All property which would be subject to forfeiture under the provisions of subsection (a) of Code Section 16-13-49 for a violation of this article which is used, or intended for use, to facilitate, or is derived from, a violation of this Code section and any noncontrolled substance which is manufactured, distributed, dispensed, possessed with the intent to distribute, or sold in violation of this Code section are declared to be contraband and there shall be no property interest therein. Any property or noncontrolled substance which is subject to the provisions of this subsection shall be forfeited in accordance with the procedures of Code Section 16-13-49. 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 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 November 1, 1982.

Page 2374

Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. EVIDENCE DEPOSITIONS AND DISCOVERY. Code Title 9, Chapter 11 Amended. No. 1555 (House Bill No. 1352). AN ACT To amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, so as to provide exceptions to the requirement of filing depositions and other discovery material with the court; 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. Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, is amended by adding a new Code section immediately following Code Section 9-11-29 to be designated Code Section 9-11-29.1 to read as follows: 9-11-29.1. (a) Depositions and other discovery material otherwise required to be filed with the court under this chapter shall not be required to be so filed unless: (1) Required by local rule of court; (2) Ordered by the court;

Page 2375

(3) Requested by any party to the action; (4) Relief relating to discovery material is sought under this chapter and said material has not previously been filed under some other provision of this chapter, in which event copies of the material in dispute shall be filed by the movant contemporaneously with the motion for relief; or (5) Such material is to be used at trial or is necessary to a pretrial or posttrial motion and said material has not previously been filed under some other provision of this chapter, in which event the portions to be used shall be filed with the clerk of the court at the outset of the trial or at the filing of the motion, insofar as their use can be reasonably anticipated by the parties having custody thereof, but a party attempting to file and use such material which was not filed with the clerk at the outset of the trial or at the filing of the motion shall show to the satisfaction of the court, before the court may authorize such filing and use, that sufficient reasons exist to justify that late filing and use and that the late filing and use will not constitute surprise or manifest injustice to any other party in the proceedings. (b) Until such time as discovery material is filed under paragraphs (1) through (5) of subsection (a) of this Code section, the original of all depositions shall be retained by the party taking the deposition and the original of all other discovery material shall be retained by the party requesting such material, and the person thus retaining the deposition or other discovery material shall be the custodian thereof. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

Page 2376

CLINICAL LABORATORIES. Code Section 31-22-3 Amended. No. 1556 (House Bill No. 1368). AN ACT To amend an Act providing for the control and operation of clinical laboratories, approved March 20, 1970 (Ga. L. 1970, p. 531), as amended, so as to change the qualifications of one member of the committee; to amend Code Section 31-22-3 of the Official Code of Georgia Annotated, relating to the clinical laboratory, blood bank, and tissue bank committee, so as to provide for the same changes provided above; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. An Act providing for the control and operation of clinical laboratories, approved March 20, 1970 (Ga. L. 1970, p. 531), as amended, is amended by striking in its entirety subsection (a) of Section 8 of said Act, which reads as follows: (a) one member of the Committee shall be a medical laboratory technician., and inserting in lieu thereof the following: (a) one member of the Committee shall be a medical laboratory technician or shall be a medical laboratory technologist who has at least two years' experience but who has not more than 134 hours of college or university level work. Part 2 Section 2. Code Section 31-22-3 of the Official Code of Georgia Annotated, relating to the clinical laboratory, blood bank, and tissue bank committee, is amended by striking in its entirety paragraph (1) of subsection (a) of said Code section, which reads as follows:

Page 2377

(1) One member of the committee shall be a medical laboratory technician;, and inserting in lieu thereof the following: (1) One member of the committee shall be a medical laboratory technician or shall be a medical laboratory technologist who has at least two years' experience but who has not more than 134 hours of college or university level work;. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

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GEORGIA STATE BOARD OF LANDSCAPE ARCHITECTS. Code Chapter 84-40 Amended. Code Section 88-4010 Amended. Code Title 43, Chapter 23 Amended. No. 1557 (House Bill No. 1373). AN ACT To amend Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, as amended, particularly by an Act approved March 20, 1980 (Ga. L. 1980, p. 591) and an Act approved April 7, 1981 (Ga. L. 1981, p. 781), so as to change the qualifications of landscape architects; to continue the board and the laws relating to the board until a certain date; to clarify the exemption for landscape contractors; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 84-40, relating to the Georgia State Board of Landscape Architects, as amended, particularly by an Act approved March 20, 1980 (Ga. L. 1980, p. 591) and an Act approved April 7, 1981 (Ga. L. 1981, p. 781), is amended by striking subsection (a) of Code Section 84-4004, relating to exemptions, and inserting in its place a new subsection to read as follows: (a) A landscape contractor, including a residential landscape contractor, engaging in the business of, or acting in the capacity of a landscape contractor in Georgia insofar as he engages in the business or acts in the capacity of a landscape contractor in its various forms. Section 2. Said Code chapter is further amended by striking subsection (e) of Code Section 84-4005 and inserting in its place a new subsection (e) to read as follows: (e) Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies,'

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approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Georgia State Board of Landscape Architects and the laws relating thereto are hereby continued until July 1, 1986, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Section 3. Said Code chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 88-4010 and inserting in its place a new paragraph to read as follows: (2) Shall have had at least six and one-half years of training in the actual practice of landscape architecture; provided that a person holding a degree which requires five academic years of education from a school of landscape architecture, environmental design, or its equivalent approved by the board, may be licensed after having received one and one-half years of training in the actual practice of landscape architecture as may be approved by the board, provided that at least one year of such actual practice shall be obtained subsequent to the receipt of such undergraduate degree; provided, further that the board may substitute any educational experience it deems sufficient which is not otherwise represented by the aforementioned undergraduate degree in landscape architecture, environmental design, or its equivalent for any equivalent term necessary to attain the requisite six and one-half years of experience. With no degree in landscape architecture, environmental design, or its equivalent, all actual practice shall be under the direction of a licensed landscape architect. Section 4. Said Code chapter is further amended by striking subsection (b) of Code Section 88-4010 and inserting in its place a new subsection to read as follows:

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(b) The applicant for licensure must have passed a written examination generally covering the matters confronting landscape architects, provided that persons holding degrees which require five academic years of education from approved schools of landscape architecture, environmental design, or their equivalent shall be permitted to take such examination prior to satisfying the actual practice requirements of this Code section by furnishing satisfactory proof of their graduation to the board. The examination shall cover such matters as are reasonably calculated to test the knowledge and skill of the applicant in the field of landscape architecture. Failure to pass the examination shall be grounds for denial of a license without a further hearing. Part 2 Section 5. Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, is amended by striking Code Section 43-23-7 and inserting in its place a new Code section to read as follows: 43-23-7. (a) Each applicant for licensure as a landscape architect shall: (1) Be at least 18 years of age; and (2) Have had at least six and one-half years of training in the actual practice of landscape architecture, provided that a person holding a degree which requires five academic years of education from a school of landscape architecture, environmental design, or its equivalent approved by the board may be licensed after having received one and one-half years of training in the actual practice of landscape architecture as may be approved by the board, provided that at least one year of such actual practice shall be subsequent to receiving such undergraduate degree and provided, further, that the board may substitute any educational experience it deems sufficient which is not otherwise represented by the aforementioned undergraduate degree in landscape architecture, environmental design, or its equivalent for any equivalent term necessary to attain the requisite six and one-half years of experience. In the absence of a degree in landscape architecture, environmental design, or its equivalent, all actual practice shall be under the direction of a licensed landscape architect.

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(b) Persons who, on July 1, 1976, held licenses as landscape architects issued under the laws of this state shall not be required to obtain additional licenses under this chapter but shall otherwise be subject to all applicable provisions of this chapter, including those pertaining to renewal of such license; and such licensee shall be considered licensed for all purposes under this chapter and subject to the provisions hereof. (c) The applicant for licensure must have passed a written examination generally covering the matters confronting landscape architects, provided that persons holding degrees which require five academic years of education from approved schools of landscape architecture, environmental design, or their equivalent shall be permitted to take such examination prior to satisfying the actual practice requirements of this Code section by furnishing satisfactory proof of their graduation to the board. The examination shall cover such matters as are reasonably calculated to test the knowledge and skill of the applicant in the field of landscape architecture. Failure to pass the examination shall be grounds for denial of a license without a further hearing. Section 6. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-23-17 and inserting in its place a new paragraph to read as follows: (1) A landscape contractor, including a residential landscape contractor, engaging in the business of or acting in the capacity of a landscape contractor in this state insofar as he engages in the business or acts in the capacity of a landscape contractor in its various forms;. Section 7. Said chapter is further amended by striking Code Section 43-23-20 and inserting in its place a new Code section to read as follows: 43-23-20. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Landscape Architects shall be terminated on July 1, 1986, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.

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Part 3 Section 8. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. AD VALOREM TAXATION, ETC. PREPAYMENT AGREEMENTS. Code Sections 91A-1028.1, 48-5-30 Enacted. No. 1558 (House Bill No. 1375). AN ACT To amend Code Chapter 91A-10, relating to ad valorem tax, as amended, so as to authorize local governments, boards of education, and developers to enter into agreements for the prepayment of ad valorem taxes and school taxes; to provide for definitions; to authorize local governments to adopt public improvement programs to be incorporated into tax prepayment agreements; to authorize local boards of education to adopt school construction programs or other programs of expenditures for educational purposes to be included in tax prepayment agreements; to provide the requirements of valid tax prepayment agreements; to provide the requirements of valid public improvement programs, school construction programs, and other

Page 2383

programs of expenditures for educational purposes in tax prepayment agreements; to provide for equal annual credits against the tax due on developments from tax prepayments made in respect of developments over a period of five years beginning as early as the first year of the completion or commercial or productive use of the development; to provide that tax prepayments shall not constitute a debt of the local government or board of education; to provide for the forfeiture of tax credits in certain circumstances; to provide for final determinations by local governments and local boards of education of public necessity; to provide that all tax prepayment agreements are voluntary; to provide for validation proceedings; to provide for other matters relative to the foregoing; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Chapter 91A-10, relating to ad valorem tax, as amended, is amended by adding a new Code Section 91A-1028.1 to read as follows: 91A-1028.1. Tax prepayment agreements. (a) Notwithstanding any provision of law to the contrary, and subject to the conditions specified in this Section, any developer may enter into an agreement with any local government or local board of education, or both, for the prepayment of ad valorem taxes or school taxes or both. Any such agreement may include programs of public improvements adopted by the local government or the local board of education, or any combination thereof, and shall be a lawful and binding contract enforceable by and against the local government, local board of education, developer, and the beneficial owners of any development property assessed for taxation which is the subject of a tax prepayment agreement. (b) As used in this Section, the term: (1) `Developer' means a person constructing a development. (2) `Development' or `development property' means a major industrial project which will employ at least 200 persons during construction or operation of the project.

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(3) `Local board of education' means the county or area board of education, or in the case of an independent school district the board of education or other body, having authority over and responsibility for a school district. (4) `Local government' means any county or any municipal corporation which has the authority to collect ad valorem taxes. (5) `Program of public improvement' includes any or all projects for which a local government or local board of education is authorized by any provision of law to impose or recommend the imposition of taxes and shall include programs of school construction or expenditures for other educational purposes for which a local board of education is authorized by any provision of law to impose taxes. (6) `School district' means any area, county, independent, or local school district within which all or any part of any development is located. (7) `School tax' includes any tax authorized by any provision of law to be assessed by a local government or by a local board of education for educational purposes, including but not limited to the construction of schools and the repayment of bonds issued for such purposes. (c) Each tax prepayment agreement shall become effective upon its adoption by resolution of the governing body of the local government or by resolution of the local board of education, or both, as the case may be, agreement by the developer, and the subsequent prepayment of taxes by the developer. Such tax prepayment agreement shall provide for the prepayment to the local government or the local board of education, or both, of not more than two times the estimated ad valorem tax, school tax, or both, which will be due for (1) the year in which the development is anticipated to be completed, or (2) its first year of commercial use, or (3) its first year of productive use. The amount of taxes thus prepaid, without interest, shall be subsequently credited by the local government or local board of education, or both, against taxes due following an assessment of the development property by the county tax assessor or the State Department of Revenue, as appropriate, in five equal annual installments beginning not earlier than the year described above for which the tax prepayment amount was calculated. In no event may the sum of credits exceed the amount of prepayment made.

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(d) A local government may adopt by resolution of its governing authority or a local board of education may adopt by resolution a public improvement program to be included as part of tax prepayment agreements. Prepayment proceeds may be used for any public purpose except that the local government, local board of education, or both, may adopt a program of public improvements which is reasonably related to the anticipated increased demand for public services resulting from the development for which prepayment of taxes is made, to be funded in whole or in part by prepayment proceeds. The local government, local board of education, or both, may, by adoption of such program, provide that such funds shall be maintained in separate accounts and not be expended except for projects included in such program of public improvements. (e) Notwithstanding any other provision of law, no tax prepayment shall create a debt of the local government or school district. To the extent that annual credits for prepaid taxes may exceed taxes due in any particular year pursuant to annual assessments of development property, the excess annual credit otherwise due that year shall be forfeited and in no event shall the developer or any other person be allowed to claim a refund of any part of a prepayment. (f) The determination by any local government's governing authority, by any local board of education, or both, as to the necessity for the public improvements to be funded by prepayments under a program established by a tax prepayment agreement shall be final and not subject to review. (g) Nothing contained herein shall be construed to require a local government, a local board of education, or any developer to enter into a tax prepayment agreement. (h) Notwithstanding the fact that tax prepayments made in accordance with this Section do not create a debt of any local government or school district, the validity of any such tax prepayment and the related tax prepayment agreement or agreements may be determined by application of the validation procedure set forth in Sections 10 through 18 of the Revenue Bond Law (Ga. L. 1937, p. 761), as amended. However, the petition filed in such validation proceeding pursuant to Section 11 of the Revenue Bond Law shall be amended as appropriate to reflect that no bonds are being issued and no debt is being incurred, and the relevant tax prepayment agreement and program of public improvements shall be filed as an exhibit to the petition.

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Part 2 Section 2. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, is amended by adding a new Code Section 48-5-30 to read as follows: 48-5-30. (a) Notwithstanding any provision of law to the contrary, and subject to the conditions specified in this Code section, any developer may enter into an agreement with any local government or local board of education, or both, for the prepayment of ad valorem taxes or school taxes or both. Any such agreement may include programs of public improvements adopted by the local government or the local board of education, or any combination thereof, and shall be a lawful and binding contract enforceable by and against the local government, local board of education, developer, and the beneficial owners of any development property assessed for taxation which is the subject of a tax prepayment agreement. (b) As used in this Code section, the term: (1) `Developer' means a person constructing a development. (2) `Development' or `development property' means a major industrial project which will employ at least 200 persons during construction or operation of the project. (3) `Local board of education' means the county or area board of education, or in the case of an independent school district the board of education or other body, having authority over and responsibility for a school district. (4) `Local government' means any county or any municipal corporation which has the authority to collect ad valorem taxes. (5) `Program of public improvement' includes any or all projects for which a local government or local board of education is authorized by any provision of law to impose or recommend the imposition of taxes and shall include programs of school construction or expenditures for other educational purposes for which a local board of education is authorized by any provision of law to impose taxes.

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(6) `School district' means any area, county, independent, or local school district within which all or any part of any development is located. (7) `School tax' includes any tax authorized by any provision of law to be assessed by a local government or by a local board of education for educational purposes, including but not limited to the construction of schools and the repayment of bonds issued for such purposes. (c) Each tax prepayment agreement shall become effective upon its adoption by resolution of the governing body of the local government or by resolution of the local board of education, or both, as the case may be, agreement by the developer, and the subsequent prepayment of taxes by the developer. Such tax prepayment agreement shall provide for the prepayment to the local government or the local board of education, or both, of not more than two times the estimated ad valorem tax, school tax, or both, which will be due for (1) the year in which the development is anticipated to be completed, or (2) its first year of commercial use, or (3) its first year of productive use. The amount of taxes thus prepaid, without interest, shall be subsequently credited by the local government or local board of education, or both, against taxes due following an assessment of the development property by the county tax assessor or the Department of Revenue, as appropriate, in five equal annual installments beginning not earlier than the year described above for which the tax prepayment amount was calculated. In no event may the sum of credits exceed the amount of prepayment made. (d) A local government may adopt by resolution of its governing authority or a local board of education may adopt by resolution a public improvement program to be included as part of tax prepayment agreements. Prepayment proceeds may be used for any public purpose except that the local government, local board of education, or both, may adopt a program of public improvements which is reasonably related to the anticipated increased demand for public services resulting from the development for which prepayment of taxes is made, to be funded in whole or in part by prepayment proceeds. The local government, local board of education, or both, may, by adoption of such program, provide that such funds shall be maintained in separate accounts and not be expended except for projects included in such program of public improvements.

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(e) Notwithstanding any other provision of law, no tax prepayment shall create a debt of the local government or school district. To the extent that annual credits for prepaid taxes may exceed taxes due in any particular year pursuant to annual assessments of development property, the excess annual credit otherwise due that year shall be forfeited and in no event shall the developer or any other person be allowed to claim a refund of any part of a prepayment. (f) The determination by any local government's governing authority, by any local board of education, or both as to the necessity for the public improvements to be funded by prepayments under a program established by a tax prepayment agreement shall be final and not subject to review. (g) Nothing contained herein shall be construed to require a local government, a local board of education, or any developer to enter into a tax prepayment agreement. (h) Notwithstanding the fact that tax prepayments made in accordance with this Code section do not create a debt of any local government or school district, the validity of any such tax prepayment and the related tax prepayment agreement or agreements may be determined by application of the validation procedure set forth in Article 2 of Chapter 36-82. However, the petition filed in such validation proceeding pursuant to Code Section 36-82-21 shall be amended as appropriate to reflect that no bonds are being issued and no debt is being incurred, and the relevant tax prepayment agreement and program of public improvements shall be filed as an exhibit to the petition. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT. Code Title 12, Chapter 8 Amended. No. 1559 (House Bill No. 1391). AN ACT To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to enact into law the Southeast Interstate Low-Level Radioactive Waste Management Compact; to provide that the State of Georgia shall enter into and become a party to said compact; to set forth the provisions of the compact; to provide that the members of the Southeast Interstate Low-Level Radioactive Waste Commission from the State of Georgia and their alternates shall be appointed by the Governor; to provide the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by adding at the end thereof a new Article 5 to read as follows: ARTICLE 5 12-8-120. This article may be cited as the `Southeast Interstate Low-Level Radioactive Waste Management Compact.'

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12-8-121. The Southeast Interstate Low-Level Radioactive Waste Management Compact is enacted into law and entered into by the State of Georgia. 12-8-122. The compact is substantially as follows: `ARTICLE I. POLICY AND PURPOSE There is hereby created the Southeast Interstate Low-Level Radioactive Waste Management Compact. The party states recognize and declare that each state is responsible for providing for the availability of capacity either within or outside the state for the disposal of low-level radioactive waste generated within its borders, except for waste generated as a result of defense activities of the federal government or federal research and development activities. They also recognize that the management of low-level radioactive waste is handled most efficiently on a regional basis. The party states further recognize that the Congress of the United States, by enacting the Low-Level Radioactive Waste Policy Act (P.L. 96-573), has provided for and encouraged the development of low-level radioactive waste compacts as a tool for managing such waste. The party states recognize that the safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to manage such waste be properly provided. It is the policy of the party states to: enter into a regional low-level radioactive waste management compact for the purpose of providing the instrument and framework for a cooperative effort, provide sufficient facilities for the proper management of low-level radioactive waste generated in the region, promote the health and safety of the region, limit the number of facilities required to effectively and efficiently manage low-level radioactive waste generated in the region, encourage the reduction of the amounts of low-level waste generated in the region, distribute the costs, benefits and obligations of successful low-level radioactive waste management equitably among the party states, and ensure the ecological and economical management of low-level radioactive wastes. Implicit in the Congressional consent to this compact is the expectation by the Congress and the party states that the appropriate federal agencies will actively assist the Compact Commission and the individual party states to this compact by:

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1. expeditious enforcement of federal rules, regulations and laws; and 2. imposing sanctions against those found to be in violation of federal rules, regulations and laws; and 3. timely inspection of their licensees to determine their capability to adhere to such rules, regulations and laws; and 4. timely provision of technical assistance to this compact in carrying out their obligations under the Low-Level Radioactive Waste Policy Act as amended. ARTICLE II. DEFINITIONS As used in this compact, unless the context clearly requires a different construction: a. low-level radioactive waste or waste means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or by-product material as defined in Section 11e.(2) of the Atomic Energy Act of 1954. b. generator means any person who produces or possesses low-level radio active waste in the course of or as an incident to manufacturing, power generation, processing, medical diagnosis and treatment, research, or other industrial or commercial activity. This does not include persons who provide a service to generators by arranging for the collection, transportation, storage or disposal of wastes with respect to such waste generated outside the region. c. host state means any state in which a regional facility is situated or is being developed. d. person means any individual, corporation, business enterprise or other legal entity (either public or private). e. facility means a parcel of land, together with the structures, equipment and improvements thereon or appurtenant thereto, which is used or is being developed for the treatment, storage or disposal of low-level radioactive waste.

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f. regional facility means a facility as defined in this section which has been designated, authorized, accepted or approved by the Commission to receive waste. g. state means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any other territorial possession of the United States. h. party state means any state which is a signatory party to this compact. i. region means the collective party states. j. waste management means the storage, treatment or disposal of waste. k. high-level waste means irradiated reactor fuel, liquid wastes from reprocessing irradiated reactor fuel and solids into which such liquid wastes have been converted. l. transuranic wastes means waste material containing transuranic elements with contamination levels greater than 10 nanocuries per gram of waste. m. Commission means the Southeast Interstate Low-Level Radioactive Waste Commission. ARTICLE III. RIGHTS AND OBLIGATIONS The rights granted to the party states by this Compact are additional to the rights enjoyed by sovereign states, and nothing in this Compact shall be construed to infringe upon, limit or abridge those rights. a. Each party state shall have the right to have all wastes generated within its borders managed at regional facilities, and additionally shall have the right of access to facilities made available to the region through agreements entered into by the Commission pursuant to Article IV(e)(9). The right of access by a generator within a party state to any regional facility is limited by its adherence to applicable state and federal law and regulation.

Page 2393

b. If no regional facility is located within the borders of a party state and that waste generated within its borders must therefore be managed at a regional facility in another state, the party state without such facilities may be required by the host state(s) to provide compensation for such right of access according to terms and conditions established by the host state(s) and approved by a two-thirds vote of the commission. c. Each party state shall establish the capability to regulate, license and ensure the maintenance and extended care of any facility within its borders. Host states are responsible for the continued availability, the subsequent post closure observation and maintenance, and the extended institutional control of their regional facilities. d. Each party state shall establish the capability to enforce any applicable federal or state laws and regulations pertaining to the packaging and transportation of waste generated within or passing through its borders. e. Each party state shall provide to the Commission on an annual basis, any date and information necessary to the implementation of the Commission's responsibilities. Each party state shall establish the capability to obtain any data and information necessary to meet its obligation herein defined. f. Each party state shall, to the extent authorized by federal law, require generators within its borders to use the best available waste management technologies and practices to minimize the volumes of wastes requiring disposal. ARTICLE IV. THE COMMISSION a. There is hereby created the Southeast Interstate Low-Level Radioactive Waste Commission, hereinafter referred to as the Commission. The Commission shall consist of two voting members from each party state to be appointed according to the laws of each state. The appointing authorities of each state shall notify the Commission in writing of the identity of its members and any alternates. An alternate may act on behalf of the member only in his absence. b. Each commission member shall be entitled to one vote. No action of the Commission shall be binding unless a majority of the total membership cast their vote in the affirmative.

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c. The Commission shall elect from among its members a presiding officer. The Commission shall adopt and publish, in convenient form, by-laws which are not inconsistent with this compact. d. The Commission shall meet at least once a year and shall also meet upon the call of the presiding officer, by petition of a majority of the party states, or upon the call of a host state. All meetings of the Commission shall be open to the public. e. The Commission shall have the following duties and powers: 1. to receive and approve the application of a non-party state to become an eligible state in accordance with Article VII(b); and, 2. to receive and approve the application of an eligible state to become a party state in accordance with Article VII(c); and 3. to submit an annual report and other communications to the governors and to the presiding officer of each body of the legislature of the party states regarding the activities of the Commission; and 4. to develop and use procedures for determining, consistent with considerations for public health and safety, the type and number of regional facilities which are presently necessary and which are projected to be necessary to manage waste generated within the region; and 5. to provide the party states with reference guidelines for establishing the criteria and procedures for evaluating alternative locations for emergency or permanent regional facilities; and 6. to develop and adopt procedures and criteria for identifying a party state as a host state for a regional facility as determined pursuant to the requirements of this Article. In developing criteria, the Commission shall consider the following: the health, safety, and welfare of the citizens of the party states; the existence of regional facilities within each party state; the minimization of waste transportation; the volumes and types of wastes generated within each party state; and the environmental, economic, and ecological impacts on the air, land and water resources of the party states.

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The Commission shall conduct such hearings; require such reports, studies, evidence and testimony; and do what is required by its approved procedures in order to identify a party state as a host state for a needed regional facility; and 7. in accordance with the procedures and criteria developed pursuant to Section (e)(6) of this Article, to designate, by a two-thirds vote, a host state for the establishment of a needed regional facility. The Commission shall not exercise this authority unless the party states have failed to voluntarily pursue the development of such facility. The Commission shall have the authority to revoke the membership of a party state that willfully creates barriers to the siting of a needed regional facility; and 8. to require of and obtain from party states, eligible states seeking to become party states, and non-party states seeking to become eligible states, data and information necessary to the implementation of Commission responsibilities; and 9. notwithstanding any other provision of this compact, to enter into agreements with any person, state, or similar regional body or group of states for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. Such authorization to import requires a two-thirds majority vote of the Commission, including an affirmative vote of both representatives of the host state in which any affected regional facility is located. This shall be done only after an assessment of the affected facilities' capability to handle such wastes; and 10. to appear on behalf of the party states, individually or collectively, as an intervenor or party in interest before any court of law, federal, state or local agency, board or commission that has jurisdiction over the management of wastes. Such authority to intervene or otherwise appear shall be exercised only after a majority vote of the Commission. In order to represent its views, the Commission may arrange for any expert testimony, reports, evidence or other participation as it deems necessary; and 11. to revoke the membership of a party state in accordance with Article VII(f); and

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12. to act on behalf of the party states as provided for in this compact. f. The Commission may establish such advisory committees as it deems necessary for the purpose of advising the Commission on any and all matters pertaining to the management of low-level radioactive waste. g. The Commission may appoint or contract for and compensate such limited staff necessary to carry out its duties and functions. The staff shall serve at the Commission's pleasure irrespective of the civil service, personnel or other merit laws of any of the party states or the federal government and shall be compensated from funds of the Commission. In selecting any staff, the Commission shall assure that the staff has adequate experience and formal training to carry out such functions as may be assigned to it by the Commission. If the Commission has a headquarters it shall be in a party state. h. Funding for the Commission shall be provided as follows: 1. each eligible state, upon becoming a party state, shall pay $25,000 to the Commission which shall be used for costs of the Commission's services. 2. each state hosting a regional disposal facility shall annually levy special fees or surcharges on all users of such facility, based upon the volume of wastes disposed of at such facilities, the total of which: (a) shall be sufficient to cover the annual budget of the Commission; and (b) shall represent the financial commitments of all party states to the Commission; and (c) shall be paid to the Commission, provided, however, that each host state collecting such fees or surcharges may retain a portion of the collection sufficient to cover its administrative costs of collection, and that the remainder be sufficient only to cover the approved annual budgets of the Commission.

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3. The Commission shall set and approve its first annual budget as soon as practicable after its initial meeting. Host states for disposal facilities shall begin imposition of the special fees and surcharges provided for in this section as soon as practicable after becoming party states, and shall remit to the Commission funds resulting from collection of such special fees and surcharges within 60 days of their receipt. i. The Commission shall keep accurate accounts of all receipts and disbursements. An independent certified public accountant shall annually audit all receipts and disbursements of Commission funds, and submit an audit report to the Commission. Such audit report shall be made a part of the annual report of the Commission required by Article IV(e)(3). j. The Commission may accept for any of its purposes and functions any and all donations, grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and may receive, utilize and dispose of the same. The nature, amount and condition, if any, attendant upon any donation or grant accepted pursuant to this paragraph together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Commission. k. The Commission shall not be responsible for any costs associated with (1) the creation of any facility, (2) the operation of any facility, (3) the stabilization and closure of any facility, (4) the post-closure observation, and maintenance of any facility, or (5) the extended institutional control, after post-closure observation and maintenance of any facility. l. As of January 1, 1986 the management of wastes at regional facilities is restricted to wastes generated within the region, and to wastes generated within non-party states when authorized by the Commission pursuant to Article IV(e)(9). m. Except or otherwise provided herein, nothing in this compact shall be construed to alter the incidence of liability of any kind for any act, omission, course of conduct, or on account of any casual or other relationships. Generators, transporters of wastes, owners and operators of sites shall be liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto.

Page 2398

The Commission herein established is a legal entity separate and distinct from the party states and shall be so liable for its actions. Liabilities of the Commission shall not be deemed liabilities of the party states. Members of the Commission shall not be personally liable for actions taken by them in their official capacity. ARTICLE V. DEVELOPMENT AND OPERATION OF FACILITIES a. Any party state which is the host state for a regional facility shall not be designated by the Compact Commission as a host state for an additional regional facility. b. A host state desiring to close a regional facility located within its borders may do so only after notifying the Commission in writing of its intention to do so and the reasons therefore. Such notification shall be given to the Commission at least four years prior to the intended date of closure. A host state is not prevented from closing its facility for the health and safety of citizens. c. Each party state designated as a host for a regional facility shall take appropriate steps to ensure that an application for a license to construct and operate a facility of the designated type is filed with and issued by the appropriate authority. d. No party state shall have any form of arbitrary prohibition on the treatment, storage or disposal of low-level radioactive waste within its borders. ARTICLE VI. OTHER LAWS AND REGULATIONS a. Nothing in this compact shall be construed to: 1. abrogate or limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any federal agency expressly conferred thereon by the Congress; 2. make inapplicable to any person or circumstance any other law of a party state which is not inconsistent with this compact; 3. make unlawful the continued development and operation of any facility already licensed for development or operation on

Page 2399

the date this compact becomes effective, except that any such facility shall comply with Article III, Article IV and Article V and shall be subject to any action lawfully taken pursuant thereto; 4. prohibit any storage or treatment of waste by the generator on its own premises; 5. affect any judicial proceeding pending on the effective date of this compact; 6. alter the relations between, and the respective internal responsibilities of, the government of a party state and its subdivisions; and 7. affect the generation, treatment, storage or disposal of waste generated by the atomic energy defense activities of the Secretary of the U. S. Department of Energy or Federal research and development activities as defined in P. L. 96-573; 8. affect the rights and powers of any party state and its political subdivisions to regulate and license any facility within its borders or to affect the rights and powers of any party state and its political subdivisions to tax or impose fees on the waste managed at any facility within its borders. b. No party state shall pass any law or adopt any regulation which is inconsistent with this compact, without jeopardizing its membership status. c. No law or regulation of a party state or of any subdivision or instrumentality thereof may be applied so as to restrict or make more inconvenient access to any regional facility by the generators of another party state than for the generators of the state where the facility is situated. d. Restrictions of waste management of regional facilities pursuant to Article IV (L.) shall be enforceable as a matter of state law.

Page 2400

ARTICLE VII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY INTO FORCE, TERMINATION a. This compact shall have as initially eligible parties the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina and Tennessee. b. Any state not expressly declared eligible to become a party state to this compact in section (a) of this article may petition the Commission, once constituted, to be declared eligible. The Commission may establish such conditions as it deems necessary and appropriate to be met by a state wishing to become eligible to become a party state to this compact pursuant to the provisions of this section. Upon satisfactorily meeting such conditions and upon the affirmative vote of two-thirds of the Commission, including the affirmative vote of both representatives of the host states in which any affected regional facility is located, the petitioning state shall be eligible to become a party state to this compact and may become a party state in the same manner as those states declared eligible in section (a) of this article. c. Each state eligible to become a party state to this compact shall be declared a party state upon enactment of this compact into law by the state and upon payment of the fees required by Article IV(h)(1). The Commission shall be the sole judge of the qualifications of the party states and of its members and of their compliance with the conditions and requirements of this compact and the laws of the party states relating to the enactment of this compact. d. 1. The first three states eligible to become party states to this compact which enact this compact into law and appropriate the fees required by Article IV(h)(1) shall immediately, upon the appointment of their Commission members, constitute themselves as the Southeast Low-Level Radioactive Waste Commission, shall cause legislation to be introduced in the Congress which grants the consent of the Congress to this compact, and shall do those things necessary to organize the Commission and implement the provisions of this compact. 2. All succeeding states eligible to become party states to this compact shall be declared party states pursuant to the provisions of section c of this article.

Page 2401

3. The consent of the Congress shall be required for full implementation of this compact. The Congress may by law withdraw its consent only every five years. e. No state which holds membership in any other regional compact for the management of low-level radioactive waste may be considered by the Compact Commission for eligible state status or party state status. f. Any party state which fails to comply with the provisions of this compact or to fulfill the obligations incurred by becoming a party state to this compact may be subject to sanctions by the Commission, including suspension of its rights under this compact, and revocation of its status as a party state. Any sanction shall be imposed only upon the affirmative vote of at least two-thirds of the Commission members. Revocation of party state status shall take effect one year from the date of the meeting at which the Commission approves the resolution imposing such sanction. Rights and obligations incurred by being declared a party state to this compact shall continue until the effective date of the sanction imposed or as provided in the resolution of the Commission imposing the sanction. The Commission shall, as soon as practicable after the meeting at which a resolution revoking status as a party state is approved, provide written notice of the action along with a copy of the resolution to the governors, the presidents of the senates, and the speakers of the house of representatives of the party states, as well as chairmen of the appropriate committees of the Congress. g. Any party state may withdraw from this compact by enacting a law repealing the compact, provided that if a regional facility is located within such state, such regional facility shall remain available to the region for four years after the date the Commission receives notification in writing from the governor of such party state of the rescission of the compact. The Commission, upon receipt of the notification, shall, as soon as practicable, provide copies of such notification to the governors, the presidents of the senates, and the speakers of the houses of representatives of the party states, as well as the chairmen of the appropriate committees of the Congress. h. This compact may be terminated only by the affirmative action of the Congress or by the rescission of all laws enacting the compact in each party states.

Page 2402

ARTICLE VIII. SEVERABILITY AND CONSTRUCTION The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters. The provisions of this compact shall be liberally construed to give effect to the purposes thereof. ARTICLE IX. PENALTIES a. Each party state, consistently with its own law, shall prescribe and enforce penalties against any person not an official of another state for violation of any provision of this compact. b. Each party state acknowledges that the receipt by a host state of waste packaged or transported in violation of applicable laws and regulations can result in imposition of sanctions by the host state which may include suspension or revocation of the violator's right of access to the facility in the host state.' 12-8-123. The members of the commission from the State of Georgia and their alternates shall be appointed by the Governor to serve as members of the commission and alternates at the pleasure of the Governor. Section 2. This Act shall become effective on November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

Page 2403

CONTROL OF DANGEROUS DRUGS, ETC. Code Title 79A Amended. Code Sections 16-13-21, 16-13-25, 16-13-26, 16-13-27, 16-13-28, 16-13-71, 16-13-74, 26-4-101, 26-4-112 Amended. No. 1560 (House Bill No. 1435). AN ACT To amend Code Title 79A, relating to the manufacture, production, distribution, and use of drugs, medicines, poisons, and other articles and devices used in the treatment of illness and providing for the supervision and control of the individuals concerned with the same, through the regulation of pharmacists, pharmacy, and drugs, so as to amend the list of dangerous drugs; to amend the exemptions from the list of dangerous drugs; to amend the list of controlled substances; to amend certain definitions; to amend certain procedures pertaining to prescriptions; to allow the Georgia State Board of Pharmacy, in its discretion, to license certain applicants; to amend certain disciplinary provisions relating to licensed pharmacies; to amend the Official Code of Georgia Annotated accordingly; as well as to recognize certain abuses and medical uses of Schedule I substances; to provide for effective dates and automatic repeal; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Title 79A, relating to the manufacture, production, distribution, and use of drugs, medicines, poisons, and other articles and devices used in the treatment of illness and providing for the supervision and control of the individuals concerned with the same, through the regulation of pharmacists, pharmacy, and drugs, is amended by striking subsection (c) of Code Section 79A-502 and inserting in its place a new subsection (c) to read as follows: (c) Have never been convicted of any felony or crime involving moral turpitude or of violating any other law of the United States, this State, or any other State, pertaining to the manufacturing, distribution, sales, or dispensing of drugs or narcotics, or have never

Page 2404

entered a nolo contendere plea to such charges, or have never been found to have violated any rule or regulation of the State Board of Pharmacy; provided, however, that, if the applicant has been convicted of such crime or has entered a plea of nolo contendere or has been granted first offender treatment or has been found to have violated a rule of the board, the board may inquire into the nature of the crime or violation, the date of conviction or plea or violation, and other underlying facts and circumstances surrounding such proceedings and, in its discretion, may grant a license to such applicant;. Section 2. Said Code title is further amended by striking Code Section 79A-513 and inserting in its place a new Code Section 79A-513, to read as follows: 79A-513. The State Board of Pharmacy shall have the power to suspend or revoke any license issued under this Chapter, including the power to probate such suspension or revocation, or to reprimand or fine the holder of any license under this Chapter, which fine may not exceed $1,500.00 for each offense, or to impose any combination of such disciplinary actions when the license holder, or the license holder's agent, servant, or employee who is acting within the scope of his employment, shall: (a) Have failed to comply with any provision of this Chapter or any laws of this State or of the United States, or any other state having to do with the control of pharmacists, pharmacies, or drugs. (b) Have failed to comply with any rules and regulations promulgated by the State Board of Pharmacy. (c) Have failed to maintain a pharmacy in the manner prescribed by this Chapter. (d) Have failed to keep a complete and accurate record of all controlled substances on hand, received, manufactured, sold, dispensed, or otherwise disposed of. Section 3. Said Code title is further amended by striking from subsection (b) of Code Section 79A-702 the first clause, which reads as follows: (b) Any other drug approved by the General Assembly to be a dangerous drug; to include any of the following drugs, chemicals, or

Page 2405

substances, including their salts, isomers, esters, ethers, or derivatives which have essentially the same pharmacological action, and their salts, isomers, esters, ethers, and all compounds thereof unless specifically exempted; and the following devices are herein identified as `Dangerous Drugs':, and inserting in its place a new clause to read as follows: (b) Any other drug or substance declared by the General Assembly to be a dangerous drug; to include any of the following drugs, chemicals, or substances, including their salts, isomers, esters, ethers, or derivatives which have essentially the same pharmacological action, and their salts, isomers, esters, ethers, and all compounds thereof unless specifically exempted; and the following devices are herein identified as `Dangerous Drugs':. Section 4. Said Code title is further amended by adding in subsection (b) of Code Section 79A-702, in the listing of dangerous drugs and between the words Antivenin and Arginine, L-, the following: Apomorphine. Section 4.1. Said Code title is further amended by striking from subsection (b) of Code Section 79A-702, in the listing of dangerous drugs and between the words Cyclandelate and Cyclobenzaprine, the following: Cyclizine. Section 5. Said Code title is further amended by adding in subsection (b) of Code Section 79A-702, in the listing of dangerous drugs and between the words Flumethasone and Fluocinonide the following: Flunisolide. Section 6. Said Code title is further amended by striking from subsection (b) of Code Section 79A-702, in the listing of dangerous drugs, the following: Strychnine,

Page 2406

and inserting in its place the following: Strychnine - See Exceptions. Section 7. Said Code title is further amended by adding in subsection (b) of Code Section 79A-702, in the listing of dangerous drugs and between the words Wargarin and Yellow Fever Vacine, the following: Xylocaine. Section 7.1. Said Code title is further amended by striking from subsection (b) of Code Section 79A-702, in the listing of exceptions and exemptions, the following: Pseudoephedrine where the dosage unit is not more than 30 mg. or when in combination with another medically active ingredient and the dosage unit is not more than 60 mg. or not more than 120 mg. when manufactured to release the drug in delayed action slow time release., and inserting in its place the following: Pseudoephedrine where the dosage unit is not more than 60 mg. or, when manufactured to release the drug in delayed action slow time release, where the dosage unit is not more than 120 mg.. Section 8. Said Code title is further amended by adding in subsection (b) of Code Section 79A-702, in the listing of exceptions and exemptions and immediately after the following: Selenium Sulfide Suspension 1% or less in strength., the following: Strychnine - when used in combination with other active ingredients in a rodent killer, and when not bearing a label containing the words `CAUTION: Federal Law Prohibits Dispensing Without Prescription' or other similar wording. Section 9. Said Code title is further amended by striking Code Section 79A-706, which reads as follows:

Page 2407

79A-706. Any practitioner prescribing any dangerous drugs shall, in each case, give the name and address of the patient, together with complete directions for administration. Any practitioner when dispensing dangerous drugs shall be required to comply with the provision of Section 79A-705., and inserting in its place a new Code Section 79A-706 to read as follows: 79A-706. All written prescriptions for dangerous drugs shall be dated as of, and be signed on, the date when issued and shall bear the full name and address of the patient, together with complete directions for administration, and the number of permitted refills. A practitioner may sign a prescription as he would sign a check or a legal document. The prescription shall be written with indelible pencil or indelible ink or typewritten and shall be manually signed by the practitioner. The prescription may be prepared by a secretary or other agent, for the signature of the practitioner, but the prescribing practitioner shall be responsible if the prescription does not conform in all essential respects to state and federal laws and regulations. Any practitioner who shall dispense dangerous drugs shall comply with the provisions of Section 79A-705. Section 10. Said Code title is further amended by striking subsection (o) of Code Section 79A-802, relating to definitions concerning controlled substances, and inserting in its place a new subsection (o) to read as follows: (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, manufacturer, 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 completely defoliated 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 11. Said Code title is further amended by striking the period at the end of subsection (d) of Code Section 79A-806, relating to Schedule I controlled substances, and inserting in its place a semicolon, and by adding at the end thereof a new subsection (e) to read as follows:

Page 2408

(e) 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 stimulant 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) Fenethylline. Section 12. Said Code title is further amended by striking subparagraph (vii) of paragraph (1) of subsection (b) of Code Section 79A-807, relating to Schedule II controlled substances, which reads as follows: (vii) Apomorphine, and by renumbering each subsequent subparagraph, so that when so amended said subsection (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 (ii) Opium extracts (iii) Opium fluid extracts (iv) Powdered opium (v) Granulated opium (vi) Tincture of opium

Page 2409

(vii) Codeine (viii) Ethylmorphine (ix) Hydrocodone (x) Hydromorphone (xi) Metopon (xii) Morphine (xiii) Oxycodone (xiv) Osymorphone (xv) Thebaine. Section 13. Said Code title is further amended by striking subparagraph (5) of subsection (b) of Code Section 79A-808, relating to Schedule III controlled substances, which reads as follows: (5) Mazindol;, and by renumbering each subsequent paragraph in sequence, so that when so amended said subsection (b) shall read as follows: (b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, included as having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation: (1) Those compounds, mixtures or preparations in dosage unit forms containing any stimulant substances which are listed as excepted compounds by the Board of Pharmacy pursuant to this Chapter, and any other drug of quantitative composition so excepted, or which is the same except that it contains a lesser quantity of controlled substances.

Page 2410

(2) Benzphetamine; (3) Chlorphentermine; (4) Clortermine; (5) Phendimetrazine. Section 14. Said Code title is further amended by striking subsection (b) of Code Section 79A-809, relating to Schedule IV controlled substances, and inserting in its place a new subsection (b) to read as follows: (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 it 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) Alprazolam; (2) Barbital; (3) Chloral betaine; (4) Chloral hydrate; (5) Chlordiazepoxide: but not including Librax (Chlordiazepoxide Hydrochloride and Clidinium Bromide) or Menrium (Chlordiazepoxide and water soluble esterified estrogens); (6) Clonazepam; (7) Clorazepate; (8) Desmethyldiazepam; (9) Dextropropoxyphene; (10) Diazepam; (11) Diethylpropion; (12) Ethchlorvynol; (13) Ethinamate; (14) Fenfluramine; (15) Flurazepam; (16) Halazepam; (17) Lorazepam; (18) Mazindol; (19) Mebutamate;

Page 2411

(20) Meprobamate; (21) Methohexital; (22) Methylphenobarbital; (23) Oxazepam; (24) Paraldehyde; (25) Pemoline; (26) Pentazocine; (27) Petrichloral; (28) Phenobarbital; (29) Phentermine; (30) Prazepam; (31) Temazepam. Part 2 Section 15. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking paragraph (16) of Code Section 16-13-21, relating to definitions in connection with controlled substances, and inserting in its place a new paragraph (16) to read as follows: (16) `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 subparagraph (3)(P) of Code Section 16-13-25 and shall include the completely defoliated 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 16. Said title is further amended by striking the period at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, and inserting in its place a semicolon, and by adding thereafter new paragraphs (4) and (5) to read as follows: (4) Any material, compound, mixture, or preparation which contains any of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

Page 2412

(A) Fenethylline; (5) Notwithstanding the fact that Schedule I substances have no currently accepted medical use, the General Assembly recognizes certain of these substances which are currently accepted for certain limited medical uses in treatment in the United States but have a high potential for abuse. Accordingly, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of methaqualone, including its salts, isomers, optical isomers, salts or their isomers, and salts of these optical isomers, is included in Schedule I. Section 17. Said title is further amended by striking division (vii) from subparagraph (A) of paragraph (1) of Code Section 16-13-26, relating to Schedule II controlled substances, which reads as follows: (vii) Apomorphine;, and by redesignating the remaining divisions so that when so amended subparagraph (A) shall read as follows: (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding naloxone hydrochloride, but including the following: (i) Raw opium; (ii) Opium extracts; (iii) Opium fluid extracts; (iv) Powdered opium; (v) Granulated opium; (vi) Tincture of opium; (vii) Codeine; (viii) Ethylmorphine;

Page 2413

(ix) Hydrocodone; (x) Hydromorphone; (xi) Metopon; (xii) Morphine; (xiii) Oxycodone; (xiv) Oxymorphone; (xv) Thebaine;. Section 17.1. Said title is further amended by striking paragraph (4) of Code Section 16-13-26 and inserting in its place a new paragraph (4) to read as follows: (4) 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: (A) Amobarbital; (B) Secobarbital; (C) Pentobarbital. Section 18. Said title is further amended by striking subparagraph (E) of paragraph (1) of Code Section 16-13-27, relating to Schedule III controlled substances, which reads as follows: (E) Mazindol;, and by redesignating the remaining subparagraph, so that when so amended paragraph (1) shall read as follows: (1) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, included as having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

Page 2414

(A) Those compounds, mixtures, or preparations in dosage unit forms containing any stimulant substances which are listed as excepted compounds by the Board of Pharmacy pursuant to this article, and any other drug of quantitative composition so excepted or which is the same except that it contains a lesser quantity of controlled substances; (B) Benzphetamine; (C) Chlorphentermine; (D) Clortermine; (E) Phendimetrazine;. Section 19. Said title is further amended by striking subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, and inserting in its place a new subsection (a) to read as follows: (a) The controlled substances listed in this Code section are included in Schedule IV. 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) Alprazolam; (2) Barbital; (3) Chloral betaine; (4) Chloral hydrate; (5) Chlordiazepoxide, but not including librax (chlordiazepoxide hydrochloride and clidinium bromide) or menrium (chlordiazepoxide and water soluble esterified estrogens);

Page 2415

(6) Clonazepam; (7) Clorazepate; (8) Desmethyldiazepam; (9) Dextropropoxyphene; (10) Diazepam; (11) Diethylpropion; (12) Ethchlorvynol; (13) Ethinamate; (14) Fenfluramine; (15) Flurazepam; (16) Halazepam; (17) Lorazepam; (18) Mazindol; (19) Mebutamate; (20) Meprobamate; (21) Methohexital; (22) Methylphenobarbital; (23) Oxazepam; (24) Paraldehyde; (25) Pemoline; (26) Pentazocine; (27) Petrichloral;

Page 2416

(28) Phenobarbital; (29) Phentermine; (30) Prazepam; (31) Temazepam. Section 20. Said title is further amended by striking Code Section 16-13-71 and inserting in its place a new Code Section 16-13-71 to read as follows: 16-13-71. (a) A `dangerous drug' means any drug other than a drug contained in any schedule of Article 2 of this chapter, which, under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040 (1938)), 21 USC 301 et seq., as amended, may be dispensed only upon prescription. In any civil or criminal action or other proceedings, a certification from the Food and Drug Administration of the United States Department of Health and Human Services attesting to the fact that a drug other than a drug contained in any schedule of Article 2 of this chapter involved in the action or proceeding is a dangerous drug that federal law prohibits dispensing of without a prescription pursuant to the Federal Food, Drug, and Cosmetic Act shall be admissible as prima-facie proof that such drug is a `dangerous drug.' (b) In addition to subsection (a) of this Code section, a `dangerous drug' means any other drug or substance declared by the General Assembly to be a dangerous drug; to include any of the following drugs, chemicals, or substances; salts, isomers, esters, ethers, or derivatives of such drugs, chemicals, or substances which have essentially the same pharmacological action; all other salts, isomers, esters, ethers, and compounds of such drugs, chemicals, or substances unless specifically exempted and the following devices, identified as `dangerous drugs': (1) Acecarbromal; (2) Acenocoumarol; (3) Acetazolamide; (4) Acetohexamide;

Page 2417

(5) Acetophenazine; (6) Acetosulfone; (7) Acetyl sulfamethoxypyridazine; (8) Acetyl sulfisoxazole; (9) Acetylcarbromal; (10) Acetylcholine; (11) Acetylcysteine; (12) Acetyldigitoxin; (13) Acrisorcin; (14) Adenosine 5-monophosphate; (15) Adenylic acid; (16) Adiphenine hydrochloride; (17) Adrenal cortex extracts; (18) Albumin, normal human serum; (19) Albutonium; (20) Alkaverir; (21) Alkavervir; (22) Allopurinol; (23) Alpha amylase; (24) Alseroxylon; (25) Aluminum nicotinate;

Page 2418

(26) Alverine; (27) Amentadine; (28) Ambenonium chloride; (29) Ambrosiacae follens; (30) Amcinonide; (31) Amikacin; (32) Aminacrine; (33) 4-amino-N-methyl-pteroylglutamic acid; (34) Amino acid preparations for injection or vaginal use; (35) Aminocaproic acid; (36) Aminohippurate; (37) Aminophylline; (38) Aminosalicylate See exceptions; (39) Aminosalicylate calcium See exceptions; (40) Aminosalicylate potassium See exceptions; (41) Aminosalicylate sodium See exceptions; (42) Aminosalicylic acid See exceptions; (43) Amisometradine; (44) Amitriptyline; (45) Amodiaquin; (46) Amoxicillin;

Page 2419

(47) Amphotericin B; (48) Ampicillin; (49) Amyl nitrite; (50) Amylolytic enzymes; (51) Androgens; (52) Angiotensin amide; (53) Anisindione; (54) Anisotropine; (55) Antazoline; (56) Anterior pituitary hormones; (57) Anthralin; (58) Anti-coagulant acid: (A) Citrate dextrose; (59) Antigens: (A) Alternaria tenius; (B) Aqua ivy; (C) Ash mix; (D) Aspergillus fumigatus; (E) Bacterial, Staphylococcus aureus, Type 1; (F) Bacterial, Staphylococcus aureus, Type 3; (G) Bacterial, Undenatured;

Page 2420

(H) Bee; (I) Beech; (J) Bermuda grass; (K) Birch; (L) California live oak; (M) Candida albicans; (N) Careless weed; (O) Cat epithelia; (P) Cattle epithelia; (Q) Coccidioides immitis; (R) Cottonwood fremont; (S) Dog epithelia; (T) Elm mix; (U) English plantain; (V) Feather mix; (W) Gram negative bacterial; (X) Helminthosporium sativum; (Y) Hickory; (Z) Hormodendrum hordei; (AA) Hornet; (BB) House dust;

Page 2421

(CC) House dust mix; (DD) Insects; (EE) Intradermal or scratching test; (FF) Johnson grass; (GG) Kentucky blue grass; (HH) Kochia; (II) Lamb quarters; (JJ) Maple; (KK) Mesquite; (LL) Mixed epidermals; (MM) Mixed grass, ragweeds (spring-fall); (NN) Mixed grasses (spring); (OO) Mixed inhalants; (PP) Mixed molds; (QQ) Mixed ragweed; (RR) Mixed ragweedmixed weeds (fall); (SS) Mixed weeds; (TT) Molds; (UU) Mountain cedar; (VV) Mugwort common; (WW) National weed mix;

Page 2422

(XX) Oak mix; (YY) Olive; (ZZ) Orchard grass; (AAA) Pecan; (BBB) Penicillium notatum; (CCC) Perennial rye; (DDD) Poison oak and poison ivy; (EEE) Pollens; (FFF) Poplar mix; (GGG) Prescription; (HHH) Ragweed mix; (III) Red top grass; (JJJ) Respiratory bacterial; (KKK) Rough pigweed; (LLL) Russian thistle; (MMM) Sagebrush common; (NNN) Scale mix; (OOO) Short ragweed; (PPP) Simplified allergy screening set; (QQQ) Skin bacterial; (RRR) Southern grass;

Page 2423

(SSS) Staphylococcal; (TTT) Stinging insect mix; (UUU) Stinging insects; (VVV) Sweet vernal; (WWW) Sycamore; (XXX) Tall ragweed; (YYY) Timothy; (ZZZ) Tree mix; (AAAA) Trees (early spring); (BBBB) Walnut; (CCCC) Wasp; (DDDD) West ragweed; (EEEE) West weed mix; (FFFF) Yellow jacket; (60) Antihemophilic factor, Human; (61) Antirabies serum; (62) Antivenin; (62.1) Apomorphine; (63) Arginine, L-; (64) Arsenic Preparation for human use; (65) Artegraft;

Page 2424

(66) AtropineSee exceptions; (67) Ascorbate sodiumInjection; (68) Asparaginase; (69) Aurothioglucose; (70) Azapetine; (71) Azatadine maleate; (72) Azathioprine; (73) Azo-sulfisoxazole; (74) Azuresin; (75) BacitracinSee exceptions; (76) Baclofen; (77) BariumSee exceptions; (78) Beclomethasone; (79) Belladonna; (80) Belladonna alkaloids; (81) Belladonna extracts; (82) Benactyzine; (83) Bendroflumethiazide; (84) Benzestrol; (85) Benzonatate; (86) Benzoylpas;

Page 2425

(87) Benzquinamide; (88) Benzthiazide; (89) Benztropine; (90) BenzylpenicilloylPolylysine; (91) Bephenium hydroxynaphthoate; (92) Beta-caroteneSee exceptions; (93) Betadine vaginal gel; (94) Betahistine; (95) Betamethasone; (96) Betazole; (97) Bethanechol; (98) Bile extract; (99) Biperiden; (100) Bisacodyl tannex; (101) Bishydroxycoumarin; (102) Bismuth sodium tartrateSee exceptions; (103) Blastomycine; (104) Bleomycin; (105) Boroglycerin glycerite; (106) Botulism antitoxin; (107) Bretylium;

Page 2426

(108) Bromelains See exceptions; (109) Bromisovalum; (110) Bromocriptine; (111) Bromodiphenhydramine; (112) Bropheniramine See exceptions; (113) Brucella antigen; (114) Brucella protein nucleate; (115) Buclizine; (116) Bupivacaine; (117) Busulfan; (118) Butacaine; (119) Butaperazine; (120) Butorphanol; (121) Butyl nitrate; (122) Butyrophenone; (123) Cadmium sulfide See exceptions; (124) Caffeine sodium benzoate; (125) Calcitronin, Salmon; (126) Calcitriol; (127) Calcium disodium edetate See exceptions; (128) Calcium gluconogalactogluconate;

Page 2427

(129) Calcium levulinate; (130) Calusterone; (131) Candicidin; (132) Cantharidin; (133) Capreomycin; (134) Capyodiame; (135) Caramiphen; (136) Carbachol; (137) Carbamazepine; (138) Carbazochrome; (139) Carbenicillin; (140) Carbetapentane; (141) Carbidopa; (142) Carbinoxamine; (143) Carisoprodol; (144) Carmustine; (145) Carphenazine; (146) Casein hydrolysate; (147) Catarrhalis combined vaccine; (148) Catarrhalis vaccine mixed; (149) Cefaclor;

Page 2428

(150) Cefadroxil; (151) Cefamandole; (152) Cefazolin; (153) Cefoxitin; (154) Cellulose, Oxadized, RegeneratedSee exceptions; (155) Cephalexin; (156) Cephaloglycin; (157) Cephaloridine; (158) Cephalothin; (159) Cephapirin; (160) Cephradine; (161) Chlophedianol; (162) Chlorambucil: (163) Chloramphenicol; (164) ChloranilSee exceptions; (165) Chlordantoin; (166) Chlordiazepoxide in combination with clidinium bromide or water soluble esterified estergens; (167) Chlormadinone; (168) Chlormerodrin; (169) Chlormezanone; (170) Chloroacetic acidSee exceptions;

Page 2429

(171) ChlorobutanolSee exceptions; (172) ChloroformSee exceptions; (173) Chloroguanide; (174) Chloroprocaine; (175) Chloroquine; (176) Chlorothiazide; (177) Chlorotrianisene; (178) Chloroxine; (179) Chlorphenesin; (180) ChlorpheniramineSee exceptions; (181) Chlorphenoxamine; (182) Chlorpromazine; (183) Chlorpropamide; (184) Chlorprothixene; (185) Chlorquinaldol; (186) Chlortetracycline; (187) Chlorthalidone; (188) Chlorzoxazone; (189) Cholera vaccine; (190) Cholestyramine resin; (191) Chondroitin;

Page 2430

(192) Chymotrypsin; (193) Cimetidine; (194) Cinoxacin; (195) Cisplatin; (196) Clemastine; (197) Clidinium bromide; (198) Clindamycin; (199) Clocortolone pivalate; (200) Clofibrate; (201) Clomiphene; (202) Clonidine; (203) Clotermine; (204) Clostridiopeptidase; (205) Clotrimazole; (206) Cloxacillin; (207) Coal tar solution topical; (208) Cobra venom; (209) ColchicineSee exceptions; (210) Colestipol; (211) Colistimethate; (212) Colistin;

Page 2431

(213) Collagenase; (214) Corticotropin; (215) Corticotropin, Respository; (216) Cortisone; (217) Cosyntropin; (218) Cromolyn; (219) Crotaline antivenin, Polyvalent; (220) Crotamiton; (221) Cryptenamine; (222) Cyanide antidote; (223) Cyclacillin; (224) Cyclandelate; (226) Cyclobenzaprine; (227) Cyclomethycaine; (228) Cyclopentamine; (229) Cyclopentolate; (230) Cyclophosphamide; (231) Cycloserine; (232) Cyclothiazide; (233) Cycrimine; (234) Cyproheptadine;

Page 2432

(235) Cytarabine; (236) Dacarbazine; (237) Dactinomycin; (238) Danazol; (239) Dantrolene; (240) DapsoneSee exceptions; (241) Daunorvbicin; (242) Deanol; (243) Decamethonium; (244) Deferoxamine; (245) Demecarium; (246) Demeclocycline; (247) Demethylchlortetracycline; (248) Deoxyribonuclease, Pancreatic; (249) Deserpidine; (250) Desipramine; (251) Deslanoside; (252) Desmopressin; (253) Desonide; (254) Desoximetasone; (255) Desoxycorticosterone;

Page 2433

(256) Desoxyribunuclease; (257) Dexamethasone; (258) Dexbrompheniramine; (259) Dexchlorpheniramine; (260) Dexpanthenol; (261) Dextran; (262) Dextranomer; (263) Dextriferron; (264) Dextroisoephedrine; (265) Dextrothyroxine; (266) Diatrizoate; (267) Diazoxide; (268) Dibucaine; (269) Dichloralphenazone; (270) Dichlorphenamide; (271) Dicloxacillin; (272) Dicyclomine; (273) Dienestrol; (274) Diethylcarbamazine; (275) Diethylstilbestrol; (276) Difenoxin;

Page 2434

(277) Diflorasone diacetate; (278) Digitalis; (279) Digitoxin; (280) Digoxin; (281) Dihydroergocornine; (282) Dihydroergocristine; (283) Dihydroergocryptine; (284) Dihydroergotamine; (285) Dihydrostreptomycin; (286) Dihydrotachysterol; (287) Diiodohydroxyquin; (288) DimenhydrinateInjection or suppositories; (289) Dimercaprol; (290) Dimethindene; (291) Dimethisterone; (292) Dimethyl sulfoxide See exceptions; (293) Dimethyl tubocurarine; (294) Dinoprost; (295) Dinoprostone; (296) Dioxyline; (297) Diphemanil;

Page 2435

(298) Diphenadione; (299) Diphenhydramine See exceptions; (300) Diphenidol; (301) Diphenylhydantoin; (302) Diphenylpyraline; (303) Diphtheria antitoxin; (304) Diphtheria and tetanus toxoids; (305) Diphtheria and tetanus toxoids and pertussis vaccine; (306) Diphtheria and tetanus toxoids, Absorbed; (307) Diphtheria and tetanus toxoids, Pertussis; (308) Diphtheria toxoid; (309) Dipivefrin; (310) Dipyridamole; (311) Dipyron; (312) Disodium edetate See exceptions; (313) Disopyramide; (314) Disulfiram; (315) Dobutamine; (316) Doderlein bacilli; (317) Dopamine; (318) Doxapram;

Page 2436

(319) Doxepin; (320) Doxorubicin; (321) Doxycycline; (322) Doxylamine; (323) Doxylamine succinate; (324) Dromostanolone; (325) Droperidol; (326) Dyclonine; (327) Dydrogesterone; (328) Dyphylline; (329) Echothiophate; (330) Ectylurea; (331) Edrophonium; (332) Enflurane; (333) Epinephrine; (334) Epinephryl borate; (335) Ergocalciferol See exceptions; (336) Ergonovine; (337) Ergotamine; (338) Ergosine; (339) Ergocristine;

Page 2437

(340) Ergocryptine; (341) Ergocornine; (342) Ergotaminine; (343) Ergosinine; (344) Ergocristinine; (345) Ergocryptinine; (346) Ergocorninine; (347) Erythrityl tetranitrate; (348) Erythromycin; (349) Eserine; (350) Esterified estrogens; (351) Estradiol; (352) Estriol; (353) Estrogens; (354) Estrogenic substances; (355) Estrone; (356) Ethacrynate; (357) Ethacrynic acid; (358) Ethambutol; (359) Ethamivan; (360) Ethaverine;

Page 2438

(361) Ether See exceptions; (362) Ethinyl estradiol; (363) Ethiodized oil; (364) Ethionamide; (365) Ethisterone; (366) Ethoheptazine; (367) Ethopropazine; (368) Ethosuximide; (369) Ethotoin; (370) Ethoxazene See exceptions; (371) Ethoxyzolamide; (372) Ethyl biscoumacetate; (373) Ethyl chloride See exceptions; (374) Ethyl nitrite spirit; (375) Ethylestrenol; (376) Ethylnorepinephrine; (377) Ethynodiol diacetate; (378) Etidocaine; (379) Etidronate disodium diphosphonate; (380) Eucatropine; (381) Factor IX complex, Human;

Page 2439

(382) Fenoprofen; (383) Ferric cacodylate; (384) Fibrinogen; (385) Fibrinogen/antihemophilic factor, Human; (386) Fibrinolysin, Human; (387) Flavoxate; (388) Florantyrone; (389) Floxuridine; (390) Flucytosine; (391) Fludrocortisone; (392) Flumethasone; (392.1) Flunisolide; (393) Fluocinonide; (394) Fluocinolone; (395) Fluoride; (396) Fluorometholone; (397) Fluorophosphates; (398) Fluorouracil; (399) Fluoxymesterone; (400) Fluphenazine; (401) Fluprednisolone;

Page 2440

(402) Flurandrenolide; (403) Folate sodium; (404) Folic acidSee exceptions; (405) Foreign protein; (406) FormaldehydeSee exceptions; (407) Furazolidone; (408) Furosemide; (409) Gallamine triethiodide; (410) Gamma benzene hexachloride; (411) Gamma globulin; (412) Gas gangrene polyvalent antitoxin; (413) Gentamicin; (414) Gentian violet vaginal suppositories; (415) Gitalin; (416) Glucagon; (417) Gluceptate; (418) Gluconate magnesium; (419) Gluconate potassiumSee exceptions; (420) Glutamate arginine; (421) Glycobiarsol; (422) Glycopyrrolate;

Page 2441

(423) Gold sodium thiomalate; (424) Gold thiosulfateSee exceptions; (425) Gomenol Solution; (426) Gonadotropin, Chroinic; (427) Gonadotropin, Chroinic, Anti-human serum; (428) Gonadotropin, Serum; (429) Gramicidin; (430) Gramineae pollens; (431) Griseofulvin; (432) Guanethidine; (433) Halcinonide; (434) Haloperidol; (435) Haloprogin; (436) Halothane; (437) Hartman's solution; (438) Heparin; (439) Hetacillin; (440) HexachloropheneSee exceptions; (441) Hexafluorenium; (442) Hexocyclium; (443) Hexylcaine;

Page 2442

(444) Histamine; (445) Histoplasmin; (446) Homatropine; (447) Hyaluronidase; (448) Hydralazine; (449) Hydrocalciferol; (450) Hydrochlorothiazide; (451) Hydrocortamate; (452) Hydrocortisone See exceptions; (453) Hydroflumethiazide; (454) Hydroquinone; (455) Hydroxocobalamin See exceptions; (456) Hydroxyamphetamine; (457) Hydroxychloroquine; (458) Hydroxyprogesterone; (459) Hydroxyurea; (460) Hydroxyzine; (461) Hyoscyamine; (462) Hyoscyamus alkaloids; (463) Hypophamine; (464) Ibuprofen;

Page 2443

(465) Idoxuridine; (466) Imipramine; (467) Immune hepatitis B globulin, Human; (468) Immune poliomyelitis globulin, Human; (469) Immune serum globulin, Human; (470) Indigotindisulfonate; (471) Indocyanine green; (472) Indomethacin; (473) Influenza virus vaccines; (474) Injections, All substances for human use See exceptions; (475) Intrinsic factor concentrate manufactured for human use; (476) Iocetamic acid; (477) Iodamide; (478) Iodinated I-125 serum albumin; (479) Iodinated I-131 serum albumin; (480) Iodinated glycerol-theophylline; (481) Iodine solution, Strong oral; (482) Iodipamide; (483) Iodized oil; (484) Iodobenzoic acid See exceptions;

Page 2444

(485) Iodobrassid; (486) Iodopyracet; (487) Iodothiouracil; (488) Iopanoic acid See exceptions; (489) Iophendylate; (490) Iothiouracil; (491) Ipodate; (492) Iron cacodylate; (493) Iron dextran injection; (494) Iron peptonized; (495) Iron sorbitex; (496) Isocarboxazid; (497) Isoetharine; (498) Isoflurane; (499) Isoflurophate; (500) Isometheptene; (501) Isoniazid; (502) Isopropamide; (503) Isoproterenol; (504) Isosorbide dinitrate; (505) Isothipendyl;

Page 2445

(506) Isoxsuprine; (507) Kanamycin; (508) Ketamine; (509) Ketocholanic acids; (510) Lactated ringers solution; (511) Lactulose; (512) Lanatoside C; (513) Latrodectus mactans; (514) Leucovorin; (515) Levallorphan; (516) Levarterenol; (517) Levodopa; (518) Levopropoxyphene; (519) Levothyroxine; (520) Lidocaine See exceptions; (521) Lincomycin; (522) Lindane See exceptions; (523) Linolenic acid; (524) Liothyronine; (525) Liotrix; (526) Lithium carbonate See exceptions;

Page 2446

(527) Lithium citrate; (528) Liver extract; (529) Lomustine; (530) Loxapine; (531) Lugols solution; (532) Lututrin; (533) Lymphogranuloma venereum antigen; (534) Lypressin synthetic; (535) Mafenide; (536) Magnesium gluconateSee exceptions; (537) Magnesium salicylate; (538) Mandelic acidSee exceptions; (539) MannitolSee exceptions; (540) Mannitol hexanitrate; (541) Measles immune globulin, Human; (542) Measles virus vaccines; (543) Mebendazole for human use; (544) Mecamylamine; (545) Mechlorethamine; (546) MeclizineSee exceptions; (547) Meclofenamate;

Page 2447

(548) Medroxyprogesterone; (549) Medrysone; (550) Mefenamic acid; (551) Megestrol; (552) Meglumine; (553) Melphalan; (554) Menadiol; (555) Menadione; (556) Meningococcal polysaccharide vaccine; (557) Menotropins; (558) Mepenzolate; (559) Mephenesin; (560) Mephentermine; (561) Mephenytoin; (562) Meprednisone; (563) Mepivacaine; (564) Meralluride; (565) Mercaptomerin; (566) Mercaptopurine; (567) Mercury bichlorideSee exceptions; (568) Mesoridazine;

Page 2448

(569) Mestranol; (570) Metaproterenol; (571) Metaraminol; (572) Metaxalone; (573) Methachloine; (574) Methacycline; (575) Methallenestril; (576) Methandriol; (577) Methandrostenolone; (578) Methantheline; (579) Methazolamide; (580) Methdilazine; (581) Methenamine hippurate; (582) Methenamine mandelate; (583) Methenamine sulfosalicylate; (584) Methicillin; (585) Methimazole; (586) Methiodal; (587) Methionine; (588) Methixene; (589) Methocarbamol;

Page 2449

(590) Methotrexate; (591) Methotrimeprazine; (592) Methoxamine; (593) Methoxsalen; (594) Methoxyflurane; (595) Methoxyphenamine; (596) Methscopolamine; (597) Methsuximide; (598) Methyclothiazide; (599) Methylandrostenediol; (600) Methyldopa; (601) Methyldopa; (602) Methyldopate; (603) Methylene blue, Oral; (604) Methylergonovine; (605) Methylprednisolone; (606) Methyltestosterone; (607) Methysergide; (608) Metoclopramide injection; (609) Metocurine iodide injection; (610) Metolazone;

Page 2450

(611) Metoprolol; (612) Metrizamide; (613) Metronidazole; (614) Metyrapone; (615) Metyrosine; (616) Miconazole; (617) Microfibrillar collagen hemostat; (618) Minocycline; (619) Minoxidil; (620) Mithramycin; (621) Mitomycin; (622) Mitotane; (623) Molindone; (624) Monobenzone; (625) Morrhuate sodium; (626) Mumps virus vaccines; (627) Mushroom spores which, when mature, contain either psilocybin or psilocin; (628) N-acetyl-1-cysteine; (629) N. cattarhalis antigen; (630) Nadolol; (631) Nafcillin;

Page 2451

(632) Nalbuphine; (633) Nalduphine; (634) Nalidixic acid; (635) Naloxone; (636) Nandrolone; (637) Naphazoline; (638) Naproxen; (639) NeomycinSee exceptions; (640) Neostigmine; (641) Niacinamide See exceptions; (642) Nicotinyl alcohol; (643) Nifuroximine; (644) Nikethamide; (645) Nitrofurantoin; (646) Nitrofurazone; (647) Nitroglycerin; (648) NitroprussideSee exceptions; (649) Nitrous oxideSee exceptions; (650) Nonoxynol; (651) Norethandrolone; (652) Norethindrone;

Page 2452

(653) Norethynodrel; (654) Norgestrel; (655) Normal serum albumin, Human; (656) Nortriptyline; (657) Nositol; (658) Novobiocin; (659) Nux vomica; (660) Nylidrin; (661) Nystatin; (662) Old tuberculin; (663) Oleandomycin; (664) Orphenadrine; (665) Orthoiodobenzoic acid; (666) Oxacillin; (667) Oxandrolone; (668) Oxethazaine; (669) Oxolinic acid; (670) Oxtriphylline; (671) Oxybutynin; (672) Oxygen for human use See exceptions; (673) Oxymetholone;

Page 2453

(674) Oxyphenbutazone; (675) Oxyphencyclimine; (676) Oxyphenisatin; (677) Oxyphenonium; (678) Oxyquinoline; (679) Oxytetracycline; (680) Oxytocin; (681) P -nitrosulfathiazole; (682) Pancreatin dornase; (683) Pancreatic enzyme; (684) Pancrelipase; (685) Pancuronium; (686) Papaverine; (687) Paramethadione; (688) Paramethasone; (689) Paranitrosulfathiazole; (690) Parathyroid injection; (691) Pargyline; (692) Paromomycin; (693) Penicillamine; (694) Penicillin;

Page 2454

(695) Penicillin G; (696) Penicillin O; (697) Penicillin V; (698) Penicillinase; (699) Pentaerythritol tetranitrate; (700) Pentagastrin; (701) Pentapiperide; (702) Penthienate; (703) Pentolinium; (704) Pentylenetetrazol; (705) Perphenazine; (706) Pertussis immune globulin, Human; (707) Phenacemide; (708) Phenaglycodol; (709) Phenaphthazine; (710) Phenazopyridine; (711) Phenelzine; (712) Phenethicillin; (713) Phenformin; (714) Phenindamine; (715) Phenindione;

Page 2455

(716) Pheniramine See exceptions; (717) Phenitramin; (718) Phenothiazine derivatives; (719) Phenoxybenzamine; (720) Phenoxymethyl penicillin; (721) Phenuprocoumon; (722) Phensuximide; (723) Phentolamine; (724) Phenylbutazone; (725) Phenylmercuric acetate; (726) Phenylmercuric nitrate; (727) Phenyltoloxamine dihydrogen citrate; (728) Phthalylsulfacetamide; (729) Phthalylsulfathiazole; (730) Physostigmine; (731) Phytonadione; (732) Pilocarpine; (733) Pipazethate; (734) Pipenzolate; (735) Piperacetazine; (736) Piperazine;

Page 2456

(737) Piperidolate; (738) Piperocaine; (739) Pipobraman; (740) Pipradrol; (741) Plaque vaccine; (742) Plasma protein fraction; (743) Pneumococcal polyvalent vaccine; (744) Poison ivy extract; (745) Poison ivy oak extract; (746) Poison ivy oak, sumac extract; (747) Poldine methylsulfate; (748) Poliomyelitis vaccine; (749) Poliovirus vaccine, Live, Oral, All; (750) Polyestradiol; (751) Polymyxin B See exceptions; (752) Polythiazide; (753) Posterior pituitary; (754) Potassium acetate injection; (755) Potassium acid phosphate See exceptions; (756) Potassium p-aminobenzoate See exceptions; (757) Potassium aminosalicylate See exceptions;

Page 2457

(758) Potassium arsenite See exceptions; (759) Potassium bicarbonate See exceptions; (760) Potassium carbonate See exceptions; (761) Potassium chloride See exceptions; (762) Potassium citrate See exceptions; (763) Potassium gluconate See exceptions; (764) Potassium hetacillin; (765) Potassium iodide See exceptions; (766) Potassium perchlorate; (767) Potassium permanganate See exceptions; (768) Povidone Iodine See exceptions; (769) Pralidoxime; (770) Prazosin; (771) Prednisolone; (772) Prednisone; (773) Prilocaine; (774) Primaquine; (775) Primidone; (776) Probenecid; (777) Probucol; (778) Procainamide;

Page 2458

(779) Procaine; (780) Procaine penicillin; (781) Procaine penicillin G; (782) Procarbazine; (783) Prochlorperazine; (784) Procyclidine; (785) Progesterone; (786) Promazine; (787) Promethazine; (788) Promethestrol; (789) Propantheline; (790) Proparacaine; (791) Prophenpyridamine See exceptions; (792) Propiolactone; (793) Propiomazine; (794) Propoxycaine; (795) Propranolol; (796) Propylparaben; (797) Propylthiouracil; (798) Protamine sulfate injection; (799) Protein hydrolysate injection;

Page 2459

(800) Protein, Foreign injection; (801) Proteolytic enzyme; (802) Protirelin; (803) Protokylol; (804) Protoveratrine A and B; (805) Protriptyline; (806) Pseudoephedrine See exceptions; (807) Pseudomonas polysaccharide complex; (808) P-ureidobenzenearsonic acid; (809) Purified protein derivatives of tuberculin; (810) Pyrantel; (811) Pyrazinamide; (812) Pyrazolon; (813) Pyridostigmine; (814) Pyrimethamine; (815) Pyrrobutamine; (816) Pyrvinium; (817) Quinacrine; (818) Quinestrol; (819) Quinethazone; (820) Quinidine;

Page 2460

(821) Quinine hydrochloride; (822) Quinine and urea hydrochloride; (823) Rabies anti-serum; (824) Rabies immune globulin, Human; (825) Rabies vaccine; (826) Radio-iodinated compounds; (827) Radio-iodine; (828) Radio-iron; (829) Radioisotopes; (830) Radiopaque media; (831) Ragweed pollen extract; (832) Rauwolfia serpentina; (833) Rescinnamine; (834) Reserpine; (835) Reserpine alkaloids; (836) Resorcinol monoacetate See exceptions; (837) Rhus toxicodendron antigen; (838) Rh D immune globulin, Human; (839) Riboflavin See exceptions; (840) Ricinoleic acid; (841) Ritodrine;

Page 2461

(842) Rifampin; (843) Ringer's injection; (844) Rocky mountain spotted fever vaccine; (845) Rolitetracycline; (846) Rotoxamine; (847) Rubella and mumps virus vaccine; (848) Rubella virus vaccine; (849) Rutin See exceptions; (850) Salicylazosulfapyridine; (851) Salmonelia typhosa, Killed; (852) Scopolamine; (853) Senecio cineraria extract ophthalmic solution; (854) Selenium sulfide See exceptions; (855) Senega fluid extract; (856) Silver nitrate ophthalmic solutions or suspensions; (857) Silver sulfadiazine cream; (858) Sincalide; (859) Sitosterols; (860) Solutions for injections, All; (861) Smallpox vaccine; (862) Sodium acetate injection;

Page 2462

(863) Sodium acetrizoate; (864) Sodium ascorbate injection; (865) Sodium biphosphate See exceptions; (866) Sodium cacodylate; (867) Sodium chloride injection; (868) Sodium dehydrocholate; (869) Sodium dextrothyroxine; (870) Sodium estrone; (871) Sodium fluorescein See exceptions; (872) Sodium fluoride See exceptions; (873) Sodium iothalamate; (874) Sodium polystyrene sulfonate; (875) Sodium propionated vaginal cream; (876) Sodium sulfacetamide; (877) Sodium sulfadiazine; (878) Sodium sulfobromophthalein; (879) Sodium sulfoxone; (880) Sodium tetradecyl; (881) Sodium tyropanoate; (882) Somatropin; (883) Sorbus extract;

Page 2463

(884) Sparteine; (885) Spectinomycin; (886) Spironolactons; (887) Stanozolol; (888) Staphage lysate bacterial antigen; (889) Staphylococcus and streptococcus vaccine; (890) Staphylococcus toxoid; (891) Stibophen; (892) Stinging insect antigens Combined; (893) Stokes expectorant; (894) Stramonium; (895) Streptococcus antigen; (896) Streptokinase-streptodornase; (897) Streptomycin; (898) Strontium See exceptions; (899) Strophanthin-G; (900) Strychnine See exceptions; (901) Subsalicylate bismuth; (902) Succinylchloline; (903) Succinylsulfathiazole; (904) Sulfabenzamide vaginal preparations;

Page 2464

(905) Sulfacetamide; (906) Sulfachlorpyridazine; (907) Sulfacytine; (908) Sulfadiazine; (909) Sulfadimethoxine; (910) Sulfaethidole; (911) Sulfaguanidine; (912) Sulfamerazine; (913) Sulfameter; (914) Sulfamethazine; (915) Sulfamethizole; (916) Sulfamethoxazole; (917) Sulfamethoxypyridazine; (918) Sulfanilamide; (919) Sulfaphenazole; (920) Sulfathiazole; (921) Sulfapyridine; (922) Sulfasalazine; (923) Sulfinpyrazone; (924) Sulfisomidine; (925) Sulfisoxazole;

Page 2465

(926) Sulfur thioglycerol; (927) Sulindac; (928) Superinone; (929) Sutilains; (930) Syrosingopine; (931) Tamoxifen; (932) Terbutaline; (933) Terpin hydrate with codeine; (934) Testolactone; (935) Testosterone; (936) Tetanus and diphtheria toxoids; (937) Tetanus antitoxin; (938) Tetanus immune globulin; (939) Tetanus toxoids; (940) Tetracaine; (941) Tetracycline; (942) Tetraethylammonium chloride; (943) TetrahydrozolineSee exceptions; (944) Theopromine; (945) Theobromide; (946) Theobromine magnesium oleate;

Page 2466

(947) Theophylline See exceptions; (948) Theophylline sodium glycinate; (949) Thiabendazole; (950) Thiamylal; (951) Thiethylperazine; (952) Thiopropazate; (953) Thioguanine; (954) Thioridazine; (955) Thiosalicylate; (956) Thiotepa; (957) Thiothixene; (958) Thiphenamil; (959) Thrombin; (960) Thyroglobulin; (961) Thyroid; (962) Thyrotropin; (963) Thyroxine; (964) Thyroxine fraction; (965) Ticarcillin; (966) Ticrynafen; (967) Timolol;

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(968) Tobramycin; (969) Tocamphyl; (970) Tolazamide; (971) Tolazoline; (972) Tolbutamide; (973) Tolmetin; (974) Tranylcypromine; (975) Tretinoin; (976) Triamcinolone; (977) Triamterene; (978) Trichlormethiazide; (979) Trichloroacetic acid See exceptions; (980) Trichloroethylene See exceptions; (981) Trichlobisonium; (982) Triclofos; (983) Tridihexethyl chloride; (984) Triethanolamine polypeptides; (985) Triethylenethiophosphoramide; (986) Trifuloperazine; (987) Triflupromazine; (988) Trifluridine;

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(989) Trihexyphenidyl; (990) Triiodothyronine; (991) Trimeprazine; (992) Trimethadione; (993) Trimethaphan cansylate; (994) Trimethobenzamide; (995) Trimethoprim; (996) Trimipramine; (997) Triolein; (998) Trioxsalen; (999) Tripelennamine See exceptions; (1000) Triphenyltetrazolium; (1001) Triple sulfas; (1002) Triprolidine; (1003) Trisulfapyrimidines; (1004) Troleandomycin; (1005) Trolnitrate; (1006) Tromethamine; (1007) Tropicamide; (1008) Trypsin; (1009) Trypsin-chymotrypsin;

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(1010) Tuaminoheptane; (1011) Tuberculin, Purified protein derivatives; (1012) Tuberculin tine test; (1013) Tuberculin, Old; (1014) Tubocurarine; (1015) Tybamate; (1016) Typhoid and paratyphoid vaccine; (1017) Typhus vaccine; (1018) Tyropanoate; (1019) Undecoylium; (1020) Uracil; (1021) Urea See exceptions; (1022) Valethamate; (1023) Valproate; (1024) Valproic acid See exceptions; (1025) Vancomycin; (1026) Vasopressin; (1027) VDRL antigen; (1028) Veratrum viride; (1029) Versenate; (1030) Vidarabrine;

Page 2470

(1031) Vinblastine; (1032) Vincristine; (1033) Vinyl ethylSee exceptions; (1034) Viomycin; (1035) Vitamin K; (1036) Vitamin B12 injection; (1037) Vitamine with fluoride; (1038) Warfarin; (1039) Wargarin; (1039.1) Xylocaine; (1040) Yellow fever vaccine; (1041) Yohimbine; (1042) 4-chloro-3, 5-xylenolSee exceptions; (1043) Devices that require a prescription: (A) Cellulose, Oxadized, Regenerated (surgical absorbable hemostat) See exceptions; (B) Diaphragms for vaginal use; (C) Hemodialysis solutions; (D) Hemodialysis kits; (E) Lippes loop intrauterine; (F) Saf-T-Coil intrauterine device; (G) Intrauterine devices, All;

Page 2471

(H) Absorbable hemostat; (I) Gonorrhea test kit. (c) The following are exceptions to and exemptions from subsection (b) of this Code section: (1) Atropine sulfate where the oral dose is less than 1/200 gr. per unit; (2) Bacitracin cream or ointment for topical use; (3) Belladonna or belladonna alkaloids when in combination with other drugs and the dosage unit is less than 0.1 mg. of the alkaloids or its equivalent; (4) Beta carotene all forms occurring in food products or lotions; (5) Bromelain, pancreatic enzymes, trypsin and bile extract when labeled properly as digestive aids with appropriate dosage and in compliance with FDA labeling and restrictions; (6) Brompheniramine where a single dosage unit is 4 mg. or less; (7) Chlorpheniramine where a single dosage unit is 12 mg. or less; (8) Cough preparations containing diphenydramine 12.5 mg., alcohol 5 percent, and not more than 0.4 percent chloroform in each 5 ml.; (9) Doxylamine succinate where a single dosage form is 25 mg. or less and when labeled to be used as a nighttime sedative; (10) Hydrocortisone topical skin preparations up to 0.5 percent in strength; (11) Hydroxocobalamin, riboflavin, niacinamide, ergocalciferol, (maximum of 400 I.U. per day), Folic acid (maximum of 0.4 mg. per day), and magnesium gluconate when as a source of vitamins and dietary supplement but must bear such labels and adhere to such restrictions of FDA regulations;

Page 2472

(12) Insulin, All; (13) Lidocaine topical ointment, 25mg./gm. or less; (14) Meclizine25 mg. or less; (15) Neomycin sulfate ointment or cream for topical use; (16) Nitrous oxide when used as a propellant in food products; (17) Oxygen compressed oxygen which is not labeled `CAUTION: Federal law prohibits dispensing without prescription' or similar wording; (18) Pheniraminewhere the oral dose is 25 mg. or less; (19) Polymyxin B when in combination with other drugs in an ointment or cream for topical use; (20) Any potassium electrolyte when manufactured for use as a dietary supplement, food additive for industrial, scientific, or commercial use, or when added to other drug products when the product is not intended as a potassium supplement but must bear such labels and adhere to such restrictions of FDA regulations; (21) PovidoneIodine solutions and suspensions; (22) Prophenpyridaminewhere the unit dose is 12.5 mg. or less; (23) Pseudoephedrinewhere the dosage unit is not more than 60 mg. or, when manufactured to release the drug in delayed action slow time release, where the dosage unit is not more than 120 mg.; (24) Rutinwhere the dosage unit is less than 60 mg.; (25) Selenium sulfide supsension 1 percent or less in strength; (25.1) Strychnine when used in combination with other active ingredients in a rodent killer, and when not bearing a label

Page 2473

containing the words `CAUTION: Federal law prohibits dispensing without prescription' or other similar wording; (26) Tetrahydrozaline for ophthalmic or topical use; (27) Theophylline preparations alone or in combination with other drugs prepared for and approved for OTC (over the counter) sale by FDA; example tedral tablets (plain) or oral suspension; (28) Tripelennamine cream or ointment for topical use; (29) Urea except when the manufacturer's label contains the wording `CAUTION: Federal law prohibits dispensing without prescription' or similar wording; (30) Any drug approved by FDA for animal use and the package does not bear the statement `CAUTION: Federal law prohibits dispensing without prescription' or similar wording. (d) The following list of compounds or preparations may be purchased without a prescription, provided the products are manufactured for industrial, scientific, or commercial sale or use, unless they are intended for human use or contain on the label `CAUTION: Federal law prohibits dispensing without prescription' or similar wording: (1) Aminosalicylate; (2) Aminosalicylate calcium; (3) Aminosalicylate potassium; (4) Aminosalicylate sodium; (5) Aminosalicylic acid; (6) Barium; (7) Beta-carotene; (8) Bismuth sodium tartrate;

Page 2474

(9) Cadmium sulfide; (10) Calcium disodium edetate; (11) Cellulose, Oxadized, Regenerated; (12) Chlorabutanol; (13) Chloranil; (14) Chloroacetic acid; (15) Chloroform; (16) Colchicine; (17) Dapsone; (18) Dimethyl sulfoxide; (19) Disodium edetate; (20) Edetate disodium; (21) Ether; (22) Ethoxazene; (23) Ethyl chloride; (24) Fluoride; (25) Formaldehyde; (26) Gold thiosulfate; (27) Hexachlorophene; (28) Iodobenzoic acid; (29) Iopanoic acid;

Page 2475

(30) Lindane; (31) Lithium carbonate; (32) Mandelic acid; (33) Mannitol; (34) Mercury bicholoride; (35) Nitroprusside; (36) Potassium aminosalicylate; (37) Potassium p-aminobenzoate; (38) Potassium permanganate; (39) Resorcinol monoacetate; (40) Selenium sulfide; (41) Sodium biphosphate; (42) Sodium fluorescein; (43) Sodium fluoride; (44) Strontium; (45) Trichloroacetic acid; (46) Trichloroethylene; (47) Valproic acid; (48) Vinyl ether; (49) 4-chloro-3, 5-xylenol. Section 21. Said title is further amended by striking subsection (a) of Code Section 16-13-74, which reads as follows:

Page 2476

(a) Any practitioner of the healing arts who prescribes any dangerous drug shall in each case give the name and address of the patient, together with complete directions for administration. Any practitioner of the healing arts, when dispensing dangerous drugs, shall be required to comply with Code Section 16-13-73., and inserting in its place a new subsection (a) to read as follows: (a) All written prescriptions for dangerous drugs shall be dated as of, and be signed on, the date when issued and shall bear the full name and address of the patient, together with complete directions for administration, and the number of permitted refills. A practitioner may sign a prescription as he would sign a check or a legal document. The prescription shall be written with indelible pencil or indelible ink or typewritten and shall be manually signed by the practitioner. The prescription may be prepared by a secretary or other agent, for the signature of the practitioner, but the prescribing practitioner shall be responsible if the prescription does not conform in all essential respects to state and federal laws and regulations. Any practitioner who shall dispense dangerous drugs shall comply with the provisions of Code Section 16-13-73. Section 22. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking Code Section 26-4-112 and inserting in its place a new Code Section 26-4-112 to read as follows: 26-4-112. The board shall have the power to suspend or revoke any license issued under this part, including the power to probate such suspension or revocation, or to reprimand or fine the holder of any license under this part, which fine may not exceed $1,500.00 for each offense, or to impose any combination of such disciplinary actions when the license holder, or the license holder's agent, servant, or employee who is acting within the scope of his employment, shall have failed to: (1) Comply with this part or any laws of this state, or of the United States, or any other state having to do with the control of pharmacists, pharmacies, or drugs; (2) Comply with any rules and regulations promulgated by the board;

Page 2477

(3) Maintain a pharmacy in the manner prescribed by this part; or (4) Keep a complete and accurate record of all controlled substances on hand, received, manufactured, sold, dispensed, or otherwise disposed of. Section 23. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 26-4-101 and inserting in its place a new paragraph (3) to read as follows: (3) Have never been convicted of any felony or crime involving moral turpitude or of violating any other law of the United States, this state, or of any other state pertaining to the manufacturing, distribution, sales, or dispensing of drugs or narcotics, or have never entered a nolo contendere plea to such charges or have never entered a plea pursuant to the provisions of the `Georgia First Offender Act,' nor have otherwise been granted first offender treatment, or have never been found to have violated any rule or regulation of the board; provided, however, that, if the applicant has been convicted of such crime or has entered a plea of nolo contendere or has been granted first offender treatment or has been found to have violated a rule of the board, the board may inquire into the nature of the crime or violation, the date of conviction or plea or violation, and other underlying facts and circumstances surrounding such proceedings and, in its discretion, may grant a license to such applicant. Part 3 Section 24. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 25. 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,

Page 2478

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 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 26. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT AMENDED. Code Title 35, Chapter 8 Amended. No. 1561 (House Bill No. 1490). AN ACT To amend an Act known as the Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), as amended, so as to provide for the inclusion of certain employees of the Department of Offender Rehabilitation, the State Board of Pardons and Paroles, and county correctional institutions who are authorized to exercise the power of arrest within the definition of the term peace officer; to increase the membership of the Georgia Peace Officer Standards and Training Council; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2479

Part 1 Section 1. An Act known as the Georgia Peace Officer Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), as amended, is amended by striking the last paragraph of subsection (d) of Section 2 in its entirety and inserting in lieu thereof a new last paragraph of subsection (d) of Section 2 to read as follows: The term `peace officer' shall include personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Offender Rehabilitation, the Board of Pardons and Paroles, and county correctional institutions. Section 2. Said Act is further amended by striking the last paragraph of subsection (e) of Section 2 in its entirety and inserting in lieu thereof a new last paragraph of subsection (e) of Section 2 to read as follows: The term `law enforcement unit' shall include the Department of Offender Rehabilitation, the Board of Pardons and Paroles, and county correctional institutions for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said Department, Board, or institutions. Section 3. Said Act is further amended by striking the first paragraph and subsection (a) of Section 3 in their entirety and inserting in lieu thereof a new first paragraph and a new subsection (a) of Section 3 to read as follows: The Georgia Peace Officer Standards and Training Council is hereby established. The Council shall consist of eighteen (18) voting members and five (5) advisory members and shall be composed, as follows: (a) The Attorney General of Georgia or his designee, the Commissioner of the Department of Public Safety or his designee, the President of the Georgia Chiefs of Police Association or his designee, the President of the Georgia Sheriffs Association or his designee, the President of the Georgia Municipal Association or his designee, the President of the Association County Commissioners of Georgia or his designee, the President of the Peace Officers Association of Georgia or his designee, the Commissioner of the Department of Offender Rehabilitation or his designee, the Chairman of the Board of Pardons and Paroles or his designee, and the President of the Georgia Prison Wardens Association or his designee, shall be ex-officio members of

Page 2480

the Council, as full voting members of the Council by reason of their office. Section 4. Said Act is further amended by striking Section 2A, which reads as follows: Section 2A. The Board of Offender Rehabilitation shall establish by appropriate rules and regulations a program of required training for all employees of the Department of Offender Rehabilitation and for employees of county correctional institutions who are authorized to exercise the power of arrest. The Board of Pardons and Paroles shall establish by appropriate rules and regulations a program of required training for all employees of the Board who are authorized to exercise the power of arrest., in its entirety. Part 2 Section 5. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, is amended by striking paragraph (7) of Code Section 35-8-2 in its entirety and inserting in lieu thereof a new paragraph (7) to read as follows: (7) `Law enforcement unit' means: (A) Any agency, organ, or department of this state, a subdivision or municipality thereof, or a railroad whose primary functions include the enforcement of criminal or traffic laws, the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime; (B) The Office of Permits and Enforcement of the Department of Transportation and the office or section in the Department of Human Resources in which persons are assigned who have been designated by the commissioner to investigate and apprehend unruly and delinquent children; and (C) The Department of Offender Rehabilitation, the State Board of Pardons and Paroles, and county correctional institutions for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said department, board, or institutions.

Page 2481

Section 6. Said chapter is further amended by striking paragraph (8) of Code Section 35-8-2 in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows: (8) `Peace officer' means, for purposes of this chapter only: (A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime; (B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Human Resources who is designated by the commissioner to investigate and apprehend unruly and delinquent children; and (C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Offender Rehabilitation, the State Board of Pardons and Paroles, and county correctional institutions. Sheriffs who hold elective office and law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter. Section 7. Said chapter is further amended by striking subsection (a) of Code Section 35-8-3 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Georgia Peace Officer Standards and Training Council is established. The council shall consist of 18 voting members and five advisory members. Section 8. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 35-8-3 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:

Page 2482

(1) The Attorney General of his designee, the commissioner of public safety or his designee, the president of the Georgia Association of Chiefs of Police or his designee, the president of the Georgia Sheriffs' Association or his designee, the president of the Georgia Municipal Association or his designee, the president of the Association County Commissioners of Georgia or his designee, the president of the Peace Officers' Association of Georgia or his designee, the commissioner of the Department of Offender Rehabilitation or his designee, the chairman of the State Board of Pardons and Paroles or his designee, and the president of the Georgia Prison Wardens Association or his designee, who shall be ex officio members of the council;. Section 9. Said chapter is further amended by striking Code Section 35-8-14, which reads as follows: 35-8-14. (a) The Board of Offender Rehabilitation shall establish, by appropriate rules and regulations, a program of required training for all employees of the Department of Offender Rehabilitation and for employees of county correctional institutions who are authorized to exercise the power of arrest. (b) The State Board of Pardons and Paroles shall establish, by appropriate rules and regulations, a program of required training for all employees of the State Board of Pardons and Paroles who are authorized to exercise the power of arrest., in its entirety. Part 3 Section 10. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982.

Page 2483

Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. BUILDING PERMIT RECORDS. Code Sections 84-2124, 43-15-24 Amended. No. 1562 (House Bill No. 1444). AN ACT To amend Code Section 84-2124, relating to safeguarding life, health, and property by requiring supervision, review, and execution of certain construction by engineers or architects, as amended, so as to provide that all counties, municipalties, and other governing bodies of this state that issue building permits shall be required to maintain a permanent record of the permit application and issuance thereon and certain contents thereof; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 84-2124, relating to safeguarding life, health, and property by requiring supervision, review, and execution of certain construction by engineers or architects, as amended, is amended by designating the first paragraph thereof as subsection (a) and adding immediately thereafter a new subsection (b) to read as follows: (b) Any county, municipality, or other governing body in this state that issues building permits is required to maintain a permanent record of the permit application and issuance thereon, which record

Page 2484

shall indicate the name of the professional engineer or architect, if any, that has sealed the plans, specifications, plats, or reports pursuant to which said building permit is issued, said report to include details on the size, type of building or structure, use for said building or structure, and estimated cost of construction. Part 2 Section 2. Code Section 43-15-24 of the Official Code of Georgia Annotated, relating to regulations for safeguarding life, health, and property by requiring supervision, review, and execution of certain construction by engineers or architects, is amended by adding at the end a new subsection (c) to read as follows: (c) Any county, municipality, or other governing body in this state that issues building permits is required to maintain a permanent record of the permit application and issuance thereon, which record shall indicate the name of the professional engineer or architect, if any, that has sealed the plans, specifications, plats, or reports pursuant to which said building permit is issued, said record to include details on the size, type of building or structure, use for said building or structure, and estimated cost of construction. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective July 1, 1982. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

Page 2485

WORKERS' COMPENSATION ACT AMENDED. Code Title 114 Amended. Code Title 34, Chapter 9 Amended. No. 1563 (House Bill No. 1464). AN ACT To amend Code Title 114, relating to workers' compensation, as amended, so as to provide for the use of certain guides to the evaluation of permanent impairment; to provide that the basic rates for policies or contracts of insurance against liability for workers' compensation shall be maintained at a certain level; to provide for procedures relative to the foregoing; to provide for hearings and appeals; to change certain provisions relative to the payment of workers' compensation benefits for total disability; to change the provisions relating to occupational diseases so as to include byssinosis; to change the definition of the term occupational disease; to define the term byssinosis; to amend the Official Code of Georgia Annotated accordingly; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 0.5. Code Title 114, relating to workers' compensation, as amended, is amended by striking Code Section 114-102 in its entirety and inserting in lieu thereof a new Code Section 114-102 to read as follows: 114-102. `Injury' and `personal injury' defined; evaluation of permanent impairment. (a) `Injury' and `personal injury' shall mean only injury by accident arising out of and in the course of the employment and shall not, except as hereinafter provided, include a disease in any form except where it results naturally and unavoidably from the accident, nor shall `injury' and `personal injury' include injury caused by the wilful act of a third person directed against an employee for reasons personal to such employee, nor shall `injury' and `personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, or thrombosis, unless it is shown by preponderance of competent and creditable evidence that

Page 2486

it was attributable to the performance of the usual work of employment. Alcoholism or disabilities attributable thereto shall not be deemed to be `injury' or `personal injury' by accident arising out of and in the course of the employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be `injury' or `personal injury' by accident arising out of and in the course of employment except when such addiction was caused by the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician. (b) In all cases arising under the `Georgia Workers' Compensation Act,' any percentage of disability or bodily loss ratings shall be based upon `Guides to the Evaluation of Permanent Impairment' published by the American Medical Association or any other recognized medical books or guides. Section 1. Said Code Title 114 is further amended by striking Code Section 114-404 in its entirety and inserting in lieu thereof a new Code Section 114-404 to read as follows: 114-404. Income benefits for total disability. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $135.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. Section 2. Said Code Title 114 is further amended by adding a new Code section between Code Sections 114-609 and 114-610, as amended, to be designated Code Section 114-609.1, to read as follows: 114-609.1. (a) Notwithstanding any other provision of law, all insurers issuing policies or contracts of insurance against the liability for compensation under this chapter shall comply with the following provisions. Each insurer's basic rate for policies or contracts of insurance against the liability for compensation under this chapter shall not exceed the insurer's effective rate approved by and on file with the Insurance Commissioner as of the effective date of this Code section. These rates shall remain in effect until April 1, 1983. (b) There shall be no exception to the requirements of subsection (a) of this Code section unless the Insurance Commissioner finds,

Page 2487

after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a) of this Code section by the insurer will result in rates which are inadequate to the extent that: (1) Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or (2) Such rates jeopardize the solvency of the insurer required to use such rates. (c) The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate. (d) Upon conclusion of any hearing held pursuant to this chapter, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a decision relieving an insurer from full compliance with this Code section. The provisions of Code Chapter 56-2 shall apply to hearings held under this Code section. (e) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum. Section 3. Said Code Title 114 is further amended by striking Code Section 114-801 in its entirety and inserting in lieu thereof a new Code Section 114-801 to read as follows:

Page 2488

114-801. General provisions.Where the employer and employee are subject to the provisions of the workers' compensation law, the disablement or death of an employee resulting from an occupational disease as hereinafter listed and defined, shall be treated as the happening of an injury by accident, and the employee or, in the case of his death, his dependents, shall be entitled to compensation as provided by the workers' compensation law, except as hereinafter provided, and the practice and procedure prescribed in such law shall apply to all the proceedings under this Chapter except as hereinafter otherwise provided: Provided, however, that in no case shall an employer be liable for compensation under the provisions of this Chapter except for a disease specified in section 114-803, and unless such disease arose out of and in the course of employment and has resulted from the nature of the employment in which the employee was engaged under such employer and was actually contracted while engaged, meaning by `nature of the employment' that to the occupation in which the employee was so engaged, there is attached the particular hazard of such disease that distinguishes it from the usual run of occupations and is in excess of the hazards of such disease attending employment in general, and unless disablement or death results within three years in the case of byssinosis, silicosis or asbestosis or within one year in the case of any other occupational disease after the last injurious exposure to the hazard of such disease in such employment, or, in case of death, unless death follows continuous disability from such disease commencing within the period above limited for which compensation has been paid or awarded or timely claim made as provided by the workers' compensation law, and results within seven years after such last exposure. Except, however, in cases of disability or death caused by exposure to X-rays or radioactive substances as listed and defined under section 114-803-2, the time for the filing of such claims shall be within one year after the date upon which the employee first suffered disability from the exposure of X-ray and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by his present or prior employment. Notwithstanding any other provisions of law, in cases of disability or death resulting from byssinosis as defined in subsection (c) of Code Section 114-812, the time for filing claims shall be as provided by this Code Title; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1, 1983, such claims shall be filed prior to July 1, 1984.

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Section 4. Said title is further amended by adding at the end of Code Section 114-803 the following: 6. byssinosis. Section 5. Said title is further amended by striking Code Section 114-812 in its entirety and inserting in lieu thereof a new Code Section 114-812 to read as follows: 114-812. Definition of `silicosis,' `asbestosis,' and `byssinosis.' (a) Whenever used in this Chapter, `silicosis' shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy. (b) Wherever used in this Chapter, `asbestosis' shall mean a disease of the lungs, caused by breathing asbestos dust, characterized anatomically by generalized fibrotic changes in the lungs, demonstrated by X-ray examination or by autopsy. (c) Wherever used in this Chapter, `byssinosis' shall mean a pulmonary disease due to exposure to cotton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pulmonary specialist by the American Board of Internal Medicine. Part 2 Section 5.5. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding at the end of Code Section 34-9-1 a new paragraph (5) to read as follows: (5) In all cases arising under Chapter 9 of Title 34, any percentage of disability or bodily loss ratings shall be based upon `Guides to the Evaluation of Permanent Impairment' published by the American Medical Association or any other recognized medical books or guides. Section 6. Said chapter is further amended by adding a new Code section between Code Sections 34-9-130 and 34-9-131, to be designated Code Section 34-9-130.1, to read as follows:

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34-9-130.1 (a) Notwithstanding any other provision of law, all insurer issuing policies or contracts of insurance against the liability for compensation under this chapter shall comply with the following provisions. Each insurer's basic rate for policies or contracts of insurance against the liability for compensation under this chapter shall not exceed the insurer's effective rate approved by and on file with the Insurance Commissioner as of the effective date of this Code section. These rates shall remain in effect until April 1, 1983. (b) There shall be no exception to the requirements of subsection (a) of this Code section unless the Insurance Commissioner finds, after a hearing upon the written request of an insurer, that the use of the rates required under subsection (a) of this Code section by the insurer will result in rates which are inadequate to the extent that: (1) Such rates do not properly reflect the insurer's loss experience in this state to the extent that its earned premiums would not equal its incurred losses or expenses; or (2) Such rates jeopardize the solvency of the insurer required to use such rates. (c) The insurer shall have the burden of showing that the use of the rate required under subsection (a) of this Code section will result in rates which are inadequate to the extent that they do not properly reflect the insurer's loss experience in this state or that their use would jeopardize its solvency. No insurer shall be relieved of using the required rates if its most recently available experience on such lines of business shows a net underwriting gain unless, on the basis of statistical data, pertinent judgment, and trend factors, no other reasonable conclusion would be appropriate. (d) Upon conclusion of any hearing held pursuant to this chapter, the Insurance Commissioner shall enter his order specifying the rates required to be used by the insurer. The Commissioner shall indicate in his order all the factors entering into a decision relieving an insurer from full compliance with this Code section. The provisions of Chapter 33-2 shall apply to hearings held under this Code section. (e) Any insurer appealing from a final order of the Insurance Commissioner may continue to use its rates then in effect during the pendency of the appeal, provided arrangements satisfactory to the

Page 2491

Commissioner are made to secure the repayment to the insurer's policyholders of the difference between the rates used by the insurer and that rate which would be lower as required by this Code section. Upon final adjudication the insurer shall repay any excess premium collected from its policyholders plus interest at the rate of 12 percent per annum. Section 7. Said chapter is further amended by striking Code Section 34-9-261 in its entirety and inserting in lieu thereof a new Code Section 34-9-261 to read as follows: 34-9-261. While the disability to work resulting from an injury is total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $135.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. Section 8. Said chapter is further amended by striking Code Section 34-9-280 in its entirety and inserting in lieu thereof a new Code Section 34-9-280 to read as follows: 34-9-280. As used in this article, the term: (1) `Asbestosis' means a disease of the lungs which is caused by breathing asbestos dust and which is characterized anatomically by generalized fibrotic changes in the lungs as demonstrated by X-ray examination or by autopsy. (2) `Disablement' means the event of an employee becoming actually incapacitated because of occupational disease from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease or from performing any work in any other occupation for remuneration. Remuneration for work performed in any other occupation, as herein used, shall mean remuneration which equals or exceeds 33 1/3 percent of the average weekly wages of the employee at the time of last injurious exposure, as determined under Code Section 34-9-260, or $20.00 per week, whichever is less. `Disability' means the state of being so totally incapacitated. (3) `Occupational disease' means those diseases listed in this paragraph, but only if any such listed disease is due to causes

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and conditions which are characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease (excluding all ordinary diseases of life to which the general public is exposed): (A) Poisoning by: (i) Arsenic; (ii) Benzol (benzene); (iii) Cadmium; (iv) Carbon disulfide; (v) Carbon monoxide; (vi) Chlorine; (vii) Chromium; (viii) Cutting compounds; (ix) Halogenated hydrocarbons; (x) Hydrochloric acid; (xi) Hydrocyanic acid; (xii) Hydrofluoric acid; (xiii) Hydrogen sulfide; (xiv) Lead (xv) Manganese; (xvi) Mercury; (xvii) Methanol (wood alcohol); (xviii) Nitric acid;

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(xix) Nitrous fumes (oxides of nitrogen); (xx) Sulfur dioxide; (xxi) Sulfuric acid; and (xxii) Zinc; (B) Diseased condition caused by exposure to X-rays or radioactive substances; (C) Asbestosis; (D) Silicosis; (E) Byssinosis; and (F) Other occupational diseases, provided the employee or the employee's dependents first prove to the satisfaction of the State Board of Workers' Compensation (or the medical board, if the matter in controversy is referred to it under Code Section 34-9-311) all of the following: (i) A direct causal connection between the conditions under which the work is performed and the disease; (ii) That the disease followed as a natural incident of exposure by reason of the employment; (iii) That the disease is not of a character to which the employee may have had substantial exposure outside of the employment; (iv) That the disease is not an ordinary disease of life to which the general public is exposed; (v) That the disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence. For the purposes of this subparagraph, partial loss of hearing due to noise shall not be considered an occupational disease.

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(4) `Silicosis' means a disease of the lungs which is caused by breathing silica dust (silicon dioxide) and which produces fibrous nodules distributed through the lungs as demonstrated by X-ray examination or by autopsy. (5) `Byssinosis' means a pulmonary disease due to exposure to cotton dust for a period of seven years or longer and diagnosed as such by a doctor certified as a pulmonary specialist by the American Board of Internal Medicine. Section 9. Said chapter is further amended by adding at the end of Code Section 34-9-281 a new subsection, to be designated subsection (d), to read as follows: (d) In cases of disability or death resulting from byssinosis as defined in paragraph (5) of Code Section 34-9-280, the time for filing claims shall be as provided by this chapter; provided, however, that, with respect to cases of disability diagnosed as byssinosis prior to July 1, 1983, such claims shall be filed prior to July 1, 1984. Part 3 Section 10. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

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TORTS TEACHERS AND SCHOOL PERSONNEL IMMUNITY FROM CIVIL LIABILITY, ETC. Code Title 51, Chapter 1 Amended. No. 1564 (House Bill No. 1508). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide immunity from civil liability for teachers and school personnel giving information of minors' drug abuse to parents, health care providers, and law enforcement 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. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, is amended by adding a new Code Section 51-1-30.1 to read as follows: 51-1-30.1. Teachers and other school personnel shall be immune from any civil liability for communicating information in good faith concerning drug abuse by any child to that child's parents, to law enforcement officials, or to health care providers. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982.

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FINANCIAL INSTITUTIONS DEFINITIONS. Code Sections 41A-102, 7-1-4 Amended. No. 1565 (House Bill No. 1533). AN ACT To amend Code Section 41A-102, relating to definitions, as amended, so as to provide that the term financial institution shall include federal credit unions for the purpose of permitting Georgia state chartered credit unions to charge interest rates equal to interest rates charged by federal credit unions; to amend the Official Code of Georgia Annotated accordingly; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 41A-102, relating to definitions, as amended, is amended by striking the last three undesignated paragraphs of paragraph (7) of subsection (u) of Code Section 41A-102 in their entirety and inserting in lieu thereof the following: Section 41A-3109(a) relating to loans; Section 41A-9901 relating to criminal prosecutions; Section 41A-9902 relating to application of Criminal Code provisions; and Section 41A-9904 relating to illegal gifts and interests. Part 2 Section 2. Code Section 7-1-4 of the Official Code of Georgia Annotated, relating to definitions, is amended by striking divisions (xiii), (xiv), and (xv) of subparagraph (H) of paragraph (21) of Code Section 7-1-4 in their entirety and inserting in lieu thereof new divisions (xiii), (xiv), (xv), and (xvi) to read as follows:

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(xiii) Code Section 7-1-658, relating to loans; (xiv) Code Section 7-1-840, relating to criminal prosecutions; (xv) Code Section 7-1-841, relating to application of Title 16 provisions; and (xvi) Code Section 7-1-37, relating to illegal gifts and interests. Part 3 Section 3. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. PUBLIC REVENUE INCOME TAX CREDITS, ETC. Code Section 48-7-29.1 Enacted. No. 1566 (House Bill No. 1742). AN ACT To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of

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income tax, so as to provide for certain tax credits; to provide definitions; 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. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, as amended, is amended by adding immediately following Code Section 48-7-29 a new Code Section 48-7-29.1 to read as follows: 48-7-29.1 (a) As used in this Code section, the term: (1) `Handicapped individual' means any individual who has a physical or mental disability, including but not limited to blindness or deafness, which for such individual constitutes or results in a functional limitation to employment. (2) `Work place' means that portion of the employer's place of business within which an employee is expected to perform the duties and functions assigned. `Work place' shall not mean those portions of the employer's place of business which are commonly used by any individual, including but not limited to parking lots, doorways, toilets, stairways, elevators, and cafeterias. (3) `Work place modification' means any modification of an employee's work place having the purpose and effect of enabling a handicapped individual to perform those duties and functions which are required for employment and which the handicapped person would not be able to perform were it not for such modification. (b) Effective for tax years which begin on or after January 1, 1983, any employer upon whom an income tax is imposed by Chapter 7 of Title 48 shall be allowed a credit against such tax in an amount equal to 25 percent of the cost of any work place modification. (c) The credit provided for in subsection (b) shall be taken in the tax year in which the cost is incurred and shall not exceed 25 percent of the tax imposed by Chapter 7 of Title 48 without regard to the credit provided in this Code section or $750.00, whichever is less.

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Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. CRIMES FETICIDE. Code Section 16-5-80 Enacted. No. 1567 (House Bill No. 1224). AN ACT To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for the crime of feticide; to provide penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by adding at the end thereof a new article, to be designated Article 6, to read as follows: ARTICLE 6 FETICIDE 16-5-80. (a) A person commits the offense of feticide if he willfully kills an unborn child so far developed as to be ordinarily called `quick' by any injury to the mother of such child, which would be murder if it resulted in the death of such mother.

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(b) A person convicted of the offense of feticide shall be punished by imprisonment for life. Section 2. This Act shall become effective November 1, 1982. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1982. GEORGIA BOARD OF NURSING. Code Sections 84-1002, 43-26-4, 43-26-13 Amended. No. 1568 (Senate Bill No. 499). AN ACT To amend Code Section 84-1002, relating to the Board of Nursing, as amended, so as to continue the Georgia Board of Nursing and the laws relating thereto but to provide for the later termination of the board and such laws; to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the practice and licensure of registered nurses, so as to make the same change described above as well as to authorize the Georgia Board of Nursing to set standards for and regulate the practice of advanced nursing; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Part 1 Section 1. Code Section 84-1002, relating to the Board of Nursing, as amended, is amended by adding at the end thereof a new subsection (e) to read as follows:

Page 2501

(e) Pursuant to Section 9 of The Act Providing for the Review, Continuation, Reestablishment or Termination of Regulatory Agencies, approved March 24, 1977 (Ga. L. 1977, p. 961), as now or hereafter amended, the Georgia Board of Nursing and the laws relating thereto are hereby continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Part 2 Section 2. Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the practice and licensure of registered nurses, is amended by adding at the end of subsection (a) of Code Section 43-26-4, relating to powers of the Georgia Board of Nursing, a new paragraph (11) to read as follows: (11) Set standards for and regulate the practice of advanced nursing. Section 3. Said article is further amended by striking Code Section 43-26-13, which reads as follows: 43-26-13. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Nursing shall be terminated on July 1, 1982, and this article and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8., and inserting in its place a new Code Section 43-26-13 to read as follows: 43-26-13. Pursuant to Code Section 43-2-3 of the Official Code of Georgia Annotated, relating to the continuation or reestablishment

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of regulatory agencies, the Georgia Board of Nursing and the laws relating thereto are continued until July 1, 1988, at which time the board shall be terminated. Upon its termination, the board shall continue in existence until July 1 of the next succeeding year for the purpose of concluding its affairs and activities. During that termination period, the powers or authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect for the duration of the termination period only for the purpose of concluding its affairs. As of the last day of the termination period, the laws relative to the board shall stand repealed in their entirety. During the termination period, the board shall not issue any new licenses nor renew any licenses nor collect any license fees which were not due and payable prior to the date of termination of the board. Part 3 Section 4. (a) Except as provided in subsection (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. (b) Part 1 of this Act shall be repealed effective November 1, 1982. (c) Part 2 of this Act shall become effective on November 1, 1982. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 30, 1982.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1982 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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FULTON COUNTY MUNICIPAL RECREATIONAL PROGRAMS. Proposed Amendment to the Constitution. No. 117 (Senate Resolution No. 38). A RESOLUTION Proposing an amendment to Article IX of the Constitution, so as to authorize the Board of County Commissioners of Fulton County to make grants not to exceed $5,000.00 to municipalities located wholly or partially within Fulton County for the conduct of recreational programs and activities in such municipalities; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph: The Board of Commissioners of Fulton County shall have the power and authority to make grants in an amount not to exceed $5,000.00 to municipalities located wholly or partially within Fulton County for the conduct of recreational programs and activities in such municipalities. 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. 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 Fulton County shall have the power and authority to make grants in an amount not to

Page 2505

exceed $5,000.00 to municipalities located wholly or partially within Fulton County for the conduct of recreational programs and activities in such municipalities? 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. POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 118 (Senate Resolution No. 225). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to modify the provisions governing the Powder Springs Downtown 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 amended by adding at the end of that paragraph added by a constitutional amendment appearing at Ga. L. 1980, p. 2035 the following:

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(s) The General Assembly may by local law modify, expand, or limit the powers of the authority, change the membership of the authority, and change the manner of operation of the authority. Without limiting the generality of the foregoing, the General Assembly is specifically authorized to modify, expand, or limit the power of taxation of the authority and may provide for exemptions from such taxation. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. 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 modify the provisions governing the Powder Springs Downtown Development Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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UNION COUNTY SALES TAX FOR EDUCATIONAL PURPOSES. Proposed Amendment to the Constitution. No. 119 (Senate Resolution No. 227). A RESOLUTION Proposing an amendment to the Constitution so as to require the Board of Education of the Union County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes from January 1, 1983, until December 31, 1984; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: The Board of Education of the Union County School District shall impose, levy, and collect a sales and use tax for educational purposes of that school district for a period beginning on January 1, 1983, and ending on December 31, 1984. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipality sales and use tax. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Union County and those municipalities located therein from imposing the joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, and the tax imposed under this paragraph shall be in addition to such joint county and municipal sales and use tax. The Union County School District is authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this paragraph. The tax authorized by this paragraph may be imposed, levied, and collected as provided herein without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the

Page 2508

subject matter of this paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law. The authority for the tax authorized by this paragraph shall expire on January 1, 1985. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to require the Board of Education of the Union County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes for a period beginning on January 1, 1983, and ending on December 31, 1984? 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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CABBAGETOWN HISTORIC DISTRICT AD VALOREM TAXES. Proposed Amendment to the Constitution. No. 120 (Senate Resolution No. 264). A RESOLUTION Proposing an amendment to the Constitution so as to exempt certain capital improvements of the Cabbagetown Historic District economic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes, including ad valorem taxes for school purposes, for a period of seven years following their establishment or addition; to provide certain exceptions; 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 amended by adding at the end thereof the following: The increased value of any property resulting from capital improvements on such property for the economic reuse establishment of certified historic structures located within the Cabbagetown Historic District shall be exempt from all City of Atlanta and Fulton County ad valorem taxes, including ad valorem taxes for school purposes, for seven years from the time of its establishment, provided such establishment has capital improvements of $1 million. The value of any property in existence at the time of any capital improvement shall not be exempt from taxation. The increased value of any property resulting from each addition to the capital improvements on such property for the economic reuse establishment of the Cabbagetown Historic District for new commercial development in conjunction with certified historic structures within the district shall be exempt from all City of Atlanta and Fulton County ad valorem taxes, including ad valorem taxes for school purposes, for seven years from the time of its establishment, provided such establishment has capital improvements of $1 million or more and provided the addition results in a substantial increase in employment for the district. The value of any property in existence at the time of any such addition

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shall be treated as heretofore provided in this paragraph. For the purpose of this exemption, the term `economic reuse establishment' shall mean and include every person, firm, partnership, or corporation engaged in the redevelopment of the district in conjunction with certified historic structures. The term `capital improvements' shall mean and include buildings, machinery, and equipment directly connected with and included in the economic redevelopment plans for the district. The exemptions provided in this paragraph shall not apply to increased values in property resulting from investments and capital improvements starting in such property after December 31, 1985. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to exempt the increased value of property resulting from certain capital improvements of the Cabbagetown Historic District economic reuse establishment and certain additions thereto from all City of Atlanta and Fulton County ad valorem property taxes, including ad valorem taxes for school purposes, for a period of seven years following their establishment or addition? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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PAULDING COUNTY SCHOOL DISTRICT HOMESTEAD EXEMPTION FOR EDUCATIONAL PURPOSES. Proposed Amendment to the Constitution. No. 121 (Senate Resolution No. 266). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the homestead of each resident of the Paulding 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 Paulding 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 Paulding 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 Paulding 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 Paulding 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 Paulding 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

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resident of the Paulding County School District who is 70 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 Paulding County School District. As used herein, the term `homestead' shall include only the homestead of each resident of the Paulding 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 Paulding 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, 1983. 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 Paulding 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 Paulding County School District,

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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 Paulding County School District who is 70 years of age or over, regardles of income, shall be completely exempt from all ad valorem taxation for educational purposes levied by or on behalf of the Paulding 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. POLK COUNTY JURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 122 (Senate Resolution No. 267). A RESOLUTION Proposing an amendment to the Constitution so as to increase from two hundred dollars to five hundred dollars the civil jurisdiction of justices of the peace in Polk 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 VI, Section VII, Paragraph II of the Constitution is amended by adding at the end thereof the following paragraph: Provided, however, that in Polk County, the justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed five hundred dollars, and shall sit monthly at fixed times and places, but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulations as may be prescribed by law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. 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 from two hundred dollars to five hundred dollars the civil jurisdiction of justices of the peace in Polk 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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HENRY COUNTY HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 123 (Senate Resolution No. 292). A RESOLUTION Proposing an amendment to the Constitution so as to provide a homestead exemption of $20,000.00 from all Henry County School District ad valorem taxes for each resident of the Henry County School District who is 62 years of age or over or who is disabled if his income from all sources, together with the income of all members of his family who also occupy and reside at such homestead, does not exceed $12,000.00; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by striking the following paragraph: For purposes of the application in Henry County of any exemption granted pursuant to the provisions of the immediately preceding paragraph from ad valorem taxes for educational purposes, the amount of the exemption is hereby specified to be $20,000.00 and the maximum income qualification as qualified in the immediately preceding paragraph is hereby changed from $6,000.00 to $12,000.00., and inserting in lieu thereof the following: Any other provision of this Constitution to the contrary notwithstanding, the homestead of each resident of the Henry County School District who is 62 years of age or over or disabled 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, 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. The exemption shall not exceed $20,000.00 of the homestead's assessed value. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. No such exemption shall be granted

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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. In order to qualify for the exemption provided for herein as being disabled, a disabled person claiming such exemption shall be required to obtain and submit with such affidavit a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Provided, that after any such owner has filed the proper affidavit, and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the Tax Commissioner in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The 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 General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The homestead exemptions provided for herein shall apply to all taxable years beginning after December 31, 1982.

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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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide a homestead exemption of $20,000.00 from all Henry County School District ad valorem taxes for each resident of the Henry County School District who is 62 years of age or over or who is disabled if his income from all sources, together with the income of all members of his family who also occupy and reside at such homestead, does not exceed $12,000.00? 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. HENRY COUNTY HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 124 (Senate Resolution No. 293). A RESOLUTION Proposing an amendment to the Constitution so as to change certain provisions relating to the homestead exemption for persons in Henry County; to provide for 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 VII, Section I, Paragraph IV of the Constitution is hereby amended by adding after the following paragraph: 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., a new paragraph to read as follows: For purposes of the application in Henry County of the exemption granted in the immediately preceding paragraph from ad valorem taxation for state, county, and school purposes, except taxes levied by municipalities for school purposes and except taxes to pay interest on and retire bonded indebtedness, the amount of the exemption is hereby increased to $4,000.00. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to increase the homestead exemption for residents of Henry County from ad valorem taxation for

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state, county, and school purposes, except taxes levied by municipalities for school purposes and taxes to pay interest on and retire bonded indebtedness, from $2,000.00 to $4,000.00? 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. HENRY COUNTY HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 125 (Senate Resolution No. 294). A RESOLUTION Proposing an amendment to the Constitution so as to provide a homestead exemption of $6,000.00 from Henry County ad valorem taxes for each resident of Henry County who is 65 years of age or over or who is disabled if his net income, together with the net income of his spouse who also occupies and resides at such homestead, does not exceed $6,000.00, exclusive of certain retirement, survivor, disability, and pension benefits; 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 amended by striking the following paragraph: For purposes of the application of the exemption granted in the immediately preceding paragraph from county ad valorem taxes in

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Henry County, the amount of the exemption is hereby increased to $6,000.00 and the maximum income qualification as qualified in the immediately preceding paragraph is hereby changed from $4,000.00 to $6,000.00., and inserting in lieu thereof the following: Each person who is 65 years of age or over or who is disabled is hereby granted an exemption from Henry County ad valorem taxes in the amount of $6,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $6,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor, or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above-exempted amount shall remain subject to taxation. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than two physicians licensed to practice medicine under the laws of Georgia, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such owner shall not receive the benefits of such homestead exemption unless he or she or his or her agent files an affidavit with the tax commissioner of Henry County, giving his or her age, or if disabled the certificate or certificates provided for herein, and the amount of income which he or she and his or her 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

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provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he or she make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner in the event he or she 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 homestead exemption provided for herein shall apply to all taxable years beginning after December 31, 1982. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide a homestead exemption of $6,000.00 from Henry County ad valorem taxes for each resident of Henry County who is 65 years of age or over or who is disabled if his net income, together with the net income of his spouse who also occupies and resides at such homestead, does not exceed $6,000.00, exclusive of certain retirement, survivor, disability, and pension benefits? 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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RABUN COUNTY SALES TAX FOR EDUCATIONAL PURPOSES. Proposed Amendment to the Constitution. No. 126 (Senate Resolution No. 309). A RESOLUTION Proposing an amendment to the Constitution so as to require the Board of Education of the Rabun County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undersignated paragraph to read as follows: The Board of Education of the Rabun County School District shall impose, levy, and collect a sales and use tax for educational purposes of that school district. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipality sales and use tax. The ad valorem tax millage rate limitation applicable to the Rabun County School District under this Section VII of the Constitution shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within the Rabun County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. The Rabun County School District shall also comply with the provisions of Code Section 48-8-91 as if the Rabun County School District were a county or municipality within the meaning of that Code section and as if the tax provided for herein

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were levied pursuant to Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Rabun County and those municipalities located therein from imposing as an additional tax that joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. The Rabun County School District is authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this paragraph. The tax authorized by this paragraph may be imposed, levied, and collected as provided herein without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to require the Board of Education of the Rabun County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Rabun County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding 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.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. HAPEVILLE DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 127 (Senate Resolution No. 320). A RESOLUTION Proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Development Authority; to provide for the powers, authority and duty of such Authority; to authorize the Authority to issue its revenue bonds, and to provide for the method and manner of such issuance and for validation thereof; to authorize the Authority to contract with the City of Hapeville and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Hapeville to contract with the Authority for the use by the City of Hapeville or the residents thereof of any facilities or services of the Authority, and to authorize said city to create special tax districts and to levy taxes and to expend tax monies from said tax districts as well as tax funds of the city and other available funds of the city and to authorize the city to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville; to authorize the establishment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said Authority; to provide for submission of this amendment for ratification or rejection; to repeal conflicting laws; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV, Paragraph II of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: HAPEVILLE DEVELOPMENT AUTHORITY 1. Creation. There is hereby created a body, corporate and politic to be known as the Hapeville Development Authority which shall be deemed to be an instrumentally and political subdivision of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity. 2. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining, and operating any public industrial, commercial, business or office projects, buildings and other public facilities, parking lots or garages and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof, and to attain development and promote for the public good, general welfare, trade, commerce, industry and employment opportunities and to promote the general welfare of the community, by creating a climate favorable to the location of new industry, trade and commerce, and the development of existing industry, trade and commerce, and same is vested with authority to ascertain and designate areas it deems proper to be blighted, retarded or slum areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the City of Hapeville; the existence of such areas constitutes substantially and increasingly to the spread of disease, crime and constitutes increasingly an economic and social liability, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing for commercial accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of

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traffic facilities; and the prevention and elimination of such areas is a matter of State and local policy and State and local concern in order that the State and its political subdivisions shall not continue to be endangered by areas which are focal centers of economic and social liability, and while contributing little to the tax income of the State and its municipalities, consume an excessive proportion of its revenue because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities; in order to alleviate the aforesaid problems and to accomplish the aforestated purpose, the Authority shall be vested with such powers as are necessary to accomplish same by acquisition, clearance and disposition subject to use restrictions of property, both real and personal, since the prevailing condition of decay may make impractical the reclamation of the area by conservation or rehabilitation; some areas or portions thereof may be susceptible to conservation or rehabilitation in such a manner that the conditions and evils hereinabove enumerated may be eliminated or remedied or prevented and to the extent feasible, savable areas should be conserved and rehabilitated through voluntary private action and regulatory processes; and the Authority may do any and all things deemed by such Authority necessary, convenient or desirable for and incident to the efficient proper development and operation thereof. 3. Membership. The Authority shall consist of nine (9) members, one of whom shall be the Mayor of the City of Hapeville, Georgia, or his designated member from the City Council of the City of Hapeville. (a) Qualifications. All persons who have resided within the limits of the City of Hapeville for at least six months shall be eligible for nomination to membership on the Authority. (b) Composition and Appointments. The remaining eight positions for membership in the Authority shall be comprised as follows: The eight positions shall be filled by resolution of the Mayor and Council of Hapeville. The Mayor of the City of Hapeville or his designee shall serve during the term of office for which he was elected. The Chairman of the Authority shall be selected by a majority of its members at the first annual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows: For the initial membership of the Authority, of the eight (8) positions filled by resolution of the Mayor and Council of Hapeville, two positions shall be filled for a one-year term, two positions shall be

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filled for two-year terms, two positions shall be filled for three-year terms and two positions for a four-year term. Thereafter, upon completion of a term for appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending December 31. The members of the Authority shall enter upon their duties immediately after such appointment. The Authority shall elect one of its members to serve as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer which Secretary-Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary-Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, the same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving. 4. Definitions. As used herein the following words and terms shall have the following meanings: (a) The word `Authority' shall mean the Hapeville Development Authority herein created. (b) The word `Project' shall be deemed to mean and include the acquisition, construction, installation, leasing, furnishing, or equipping of new industrial, commercial, business, office, trade or public

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facilities or the improvement, modification, renovation, acquisition, expansion, modernization, rehabilitation, leasing, equipping, furnishing, or remodeling of existing industrial, commercial, business, office, trade, or public facilities located or to be located within the City of Hapeville, including, but not limited to: one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing; one or more buildings or structures or property useful or necessary in the transportation of persons or property; one or more buildings or structures or property to be used, maintained and operated as a multi-use coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances and all other public entertainments permitted by law, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants; one or more buildings or structures or property useful or necessary in the accommodations of people, including but without limitation, any hotel, motel, motor inn, lodging house, lodge or any combination thereof; one or more buildings or structures used for any industrial, commercial business, office, public or other use; and parking facilities or parking areas, including but not limited to related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities. (c) The term `cost of project' shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required for such project; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering architectural and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the completed project or to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may

Page 2529

be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon at rates to be determined by the Authority, which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be received in connection with the leasing sale or financing of the project. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued. (d) The terms `revenue bonds' and `bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq., as amended) and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for. (e) Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Hapeville or other political subdivision under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project to pay the principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects. 5. Powers. The Authority shall have the powers: (a) To sue and be sued, except as expressly provided for herein;

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(b) To adopt and alter a corporate seal; (c) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (d) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation, upon the approval of the Mayor and Council of the City of Hapeville, and in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (e) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (f) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of Hapeville and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Hapeville is hereby authorized to enter into contracts and related agreements for the use by the City of Hapeville or the residents hereof of any project, structure, building or facility or a combination of two

Page 2531

or more projects, structures, buildings or facilities of the Authority for a term not exceeding fifty years; and said City shall be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville, in order to enable the Authority to pay the principal of and interest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property or facilities so furnished by said Authority; (g) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (h) To finance (by loan, grant, lease or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes or other obligations of the Authority or any other funds of the Authority, or from any contributions or loans by persons, corporations, partnerships (limited or general) or other entities, all of which the Authority is hereby authorized to receive and accept and use; (i) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments and such other agreements or instruments as may be necessary or desirable, in the judgment of the Authority, to evidence and to provide security for such borrowing; (j) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the

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United States of America or such agency or instrumentality may require; (k) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (l) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (m) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (n) To do all things necessary or convenient to carry out the powers expressly given hereunder. 6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds, subject to the approval by the Mayor and Council of the City of Hapeville, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. 7. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of

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payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. 8. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary-Treasurer of the Authority. Either of such signatures on any coupons may be by facsimile signature of the Chairman and Secretary-Treasurer of the Authority in accordance with the provision of applicable law. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 9. Same; Negotiability. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the Laws of this State, subject to provisions for registration. 10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. 11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.

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13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posed, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority. 14. Same; Credit not Pledged and Debt not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Hapeville, nor of the State of Georgia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority. 15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or any other State or the United States to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the

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trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. 16. To Whom Proceeds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide. 17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, and surplus monies in the sinking fund may be applied to

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the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. 18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. 19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution, subject to the approval of the Mayor and Council of the City of Hapeville, for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. 20. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. 21. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as the same may be hereafter amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality

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of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivisions or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, then validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority. 22. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. 23. Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fees, tolls and charges on each project or for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made. 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions

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hereof, including the basis on which services and facilities, or both, shall be furnished. 26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder in the development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation or to alleviate traffic congestion in the City of Hapeville and thereby better protect the lives and property of its residents and others using its streets. 27. Immunity From Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligations to the Authority. 28. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. 29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. 30. Special Tax Districts. The City of Hapeville, shall be empowered and authorized to create special tax districts within the City of Hapeville upon the areas of any projects for redevelopment or development that said Authority may determine, and to levy and collect taxes within said districts based on values of real property fixed by the tax digest of the City of Hapeville to meet, pay for and retire any and all financial obligations of the Authority, its bonds

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and/or revenue certificates, and may pledge said revenue, and to levy and collect taxes within said districts for the retirement of said financial obligations. No such special taxes shall be levied by the City of Hapeville for any purpose against property used exclusively for residential purposes within any such tax district. 31. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor. 32. General Assembly. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with any other provisions of this Constitution. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Hapeville as the same now or may hereafter exist. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. 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 Hapeville Development Authority and to provide for the powers, duties, and responsibilities of said Authority; and to authorize the City of Hapeville to contract with said Authority, to create special tax districts and levy taxes therein, and to levy taxes within the municipality and expend the same as payments pursuant to contractual agreements which may arise between the City of Hapeville and said Authority?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. TOWNS COUNTY SALES TAX FOR EDUCATIONAL PURPOSES. Proposed Amendment to the Constitution. No. 128 (Senate Resolution No. 321). A RESOLUTION Proposing an amendment to the Constitution so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be required to impose, levy, and collect a 1 percent sales and use tax for educational purposes and adjust millage rate limitations upon and the millage rate levied by the Towns County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: The Board of Education of the Towns County School District shall impose, levy, and collect a sales and use tax for educational purposes of that school district. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating

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to the joint county and municipality sales and use tax. The ad valorem tax millage rate limitation applicable to the Towns County School District under this Section VII of the Constitution shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within the Towns County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. The Towns County School District shall also comply with the provisions of Code Section 48-8-91 as if the Towns County School District were a county or municipality within the meaning of that Code section and as if the tax provided for herein were levied pursuant to Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Towns County and those municipalities located therein from hereafter imposing as an additional tax that joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, but if such joint county and municipality sales and use tax is approved for imposition within the special district constituting Towns County prior to November 1, 1982, then this paragraph shall be null, void, and of no force and effect. The Towns County School District is authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this paragraph. The tax authorized by this paragraph may be imposed, levied, and collected as provided herein without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to provide that unless the joint county and municipal sales and use tax is approved for imposition within Towns County prior to November 1, 1982, then the Board of Education of the Towns County School District shall be required to impose, levy, and collect a 1 percent sales an use tax for educational purposes and adjust millage rate limitations upon and the millage rate levied by the Towns County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. CITY OF CHAMBLEE HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 129 (Senate Resolution No. 330). A RESOLUTION Proposing an amendment to the Constitution so as to increase the amount of the homestead exemption from city ad valorem taxes for certain residents of the City of Chamblee; 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 VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following: The homestead of each resident under the age of 65 of the City of Chamblee actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is exempted from city ad valorem taxes, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in an amount of $20,000.00 of its value. 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 titleholers as a residence. In such instances, such exemptions shall be granted to such properties if claimed in the manner required by the city by one or more of the owners actually residing on such property. The full value of the homestead of each resident who is totally disabled or is 65 years of age or older, of the City of Chamblee, actually occupied by the owner primarily as such, is exempted from all city ad valorem taxes except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to increase the homestead exemptions for resident homeowners of the City of Chamblee to an amount of $20,000.00 for a resident homeowner under the age of 65 and to exempt from all city ad valorem taxes the full value of the homstead of each resident homeowner who is totally disabled or is 65 years of age or older?

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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. BRYAN COUNTY AD VALOREM TAX TO SUPPORT BRYAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 130 (Senate Resolution No. 333). 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 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, pp. 1680-1686, the following:

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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., and inserting in lieu thereof the following: H. The governing authority of Bryan County is 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 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. 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 must levy and collect an annual ad valorem tax of two mills for developing and promoting industry by authorizing the governing authority to levy and collect an annual ad valorem tax of from zero to a maximum of two mills based upon the recommendation of the Bryan County Industrial Development Authority and providing that all such funds levied and collected must be paid over to the Bryan County Industrial Development Authority for the purposes authorized? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. SOVEREIGN IMMUNITY. Proposed Amendment to the Constitution. No. 131 (Senate Resolution No. 340). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the sovereign immunity of the state and all of its departments and agencies; to provide for a waiver thereof to a certain extent in certain actions; to provide for a waiver thereof by the General Assembly; to provide for certain applications of this amendment; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article I, Section I of the Constitution is amended by adding a new Paragraph XXVI as follows: Paragraph XXVI. Sovereign immunity extends to the state and all of its departments and agencies. However, the defense of sovereign immunity is waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments and agencies. Also the defense of sovereign immunity is waived as to those actions for the recovery of damages for any claim against the state or any of its departments and agencies for which liability insurance protection for such claims has been provided but only to the extent of any liability insurance provided. Moreover, the sovereign immunity of the state or any of its departments and agencies may hereafter be waived further by Act of the General Assembly which specifically provides that sovereign immunity is hereby waived and the extent of the waiver. No waiver of sovereign immunity shall be construed as a waiver of any immunity provided to the state or its departments and agencies by the United States Constitution. The provisions of this paragraph shall not have the effect of permitting the state or any of its departments or agencies to interpose the defense of sovereign immunity as to any action against the state or any of its departments or agencies filed prior to January 1,

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1983, if such defense could not have been interposed on December 31, 1982. 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. 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 clarify the status of sovereign immunity and to waive the defense of sovereign immunity in contract actions and in other actions to the extent of liability insurance and as otherwise may be provided by law? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. COUNTYWIDE LIBRARY SYSTEMS IN CERTAIN COUNTIES (500,000 OR MORE). Proposed Amendment to the Constitution. No. 132 (House Resolution No. 158). A RESOLUTION Proposing an amendment to the Constitution to authorize the General Assembly to provide by law for the creation of a countywide public library system within all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and authorizing the

Page 2548

General Assembly to transfer existing library facilities and systems of such county and of any municipality located wholly or partially within such county to the countywide public library 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 amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is authorized to provide by law for any or all matters necessary or convenient for the creation of a countywide public library service or system in any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census. Without limiting the generality of the foregoing, the General Assembly may provide by such law for the transfer of public library systems and services of any such county and of any municipality located wholly or partially within any such county to the countywide library service or system created by such law and may provide for the transfer of any or all physical facilities, obligations, debts, assets, records, employees, other personnel, causes of actions, and rights of public libraries or public library systems of such county or any such municipality to such countywide public library service or system. The General Assembly may further provide by any such law for the funding of the countywide public library system or service from the funds of any such county and for the managing or governing body of such countywide public library system or service. Any law adopted pursuant to the authority of this paragraph shall control the subject matter thereof, notwithstanding the provisions of any general or local law to the contrary, whether presently existing or hereafter enacted. The provisions of this paragraph shall be liberally construed to enable the General Assembly to fully implement and carry out the provisions of this paragraph. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the creation of a countywide public library system within all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and authorizing the General Assembly to transfer existing library facilities and systems of such county and of any municipality located wholly or partially within such county to the countywide public library 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. INCREASED PENSIONS FOR MEMBERS OF FIREMEN AND POLICE PENSION FUND OF CITY OF MACON. Proposed Amendment to the Constitution. No. 133 (House Resolution No. 303). A RESOLUTION Proposing an amendment to the Constitution, so as to increase the amount of the pensions paid to certain retired firemen or policemen; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article X, Section I, Paragraph V of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: Any other provision of this Constitution to the contrary notwithstanding, any retired fireman or policeman who was a member of the Firemen and Police Pension Fund of the City of Macon, as provided for in Section 70 of an Act establishing a charter for the City of Macon, approved August 3, 1927 (Ga. Laws 1927, p. 1283), as amended, particularly by an Act approved March 9, 1939 (Ga. Laws 1939, p. 1149), and an Act approved February 17, 1949 (Ga. Laws 1949, p. 759) and who was receiving a pension prior to July 1, 1969, under the provisions of Section 70 of said Act, shall hereafter receive a pension in an amount two times the amount such fireman or policeman is receiving from the City of Macon on the date this amendment is ratified. The increase provided for herein shall not exceed $125.00 per month. The payment and receipt of such pension shall be as provided in Section 70 of said Act. The provisions of this paragraph shall not apply to or increase the pension of any fireman or policeman who is receiving on the effective date of this amendment a pension greater than $250.00 per month. 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. 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 the pensions paid to certain retired firemen or policemen? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. PROPOSED AMENDMENTS TO CONSTITUTION OF 1983. Proposed Amendment to the Constitution. No. 134 (House Resolution No. 510). A RESOLUTION To amend Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 extraordinary session of the General Assembly (Ga. L. 1981, Ex. Sess., p. 143), which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982, so as to make a technical change regarding the pardon or parole of persons convicted of armed robbery and delete certain references to earned time served for such offense; to authorize the General Assembly by law to prohibit the granting and to prescribe the terms and conditions for the granting of pardon or parole to persons incarcerated a second or subsequent time for an offense punishable by life imprisonment and to persons who have received consecutive life sentences for certain acts; to change the provisions relating to the County Court of Baldwin County and the County Court of Putnam County; to provide for certain editorial changes; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Resolution Act No. 1 (House Resolution No. 4), adopted at the 1981 extraordinary session of the General Assembly (Ga. L. 1981, Ex. Sess., p. 143), which resolution proposes a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982, is amended by striking from Section 1 thereof Paragraph II of Section II of Article IV and inserting in its place a new Paragraph II to read as follows:

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Paragraph II. Powers and authority. (a) Except as otherwise provided in this Paragraph, the State Board of Pardons and Paroles shall be vested with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction. (b) 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 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 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. (c) Notwithstanding the provisions of subparagraph (b) of this Paragraph, the General Assembly, by law, may prohibit the board from granting and may prescribe the terms and conditions for the board's granting a pardon or parole to: (1) Any person incarcerated for a second or subsequent time for any offense for which such person could have been sentenced to life imprisonment; and (2) Any person who has received consecutive life sentences as the result of offenses occurring during the same series of acts. (d) The chairman of the board, or any other member designated by the board, may suspend the execution of a sentence of death until the full board shall have an opportunity to hear the application of the convicted person for any relief within the power of the board. (e) Notwithstanding any other provisions of this Paragraph, the State Board of Pardons and Paroles shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime. Section 2. Said resolution is further amended by striking in its entirety from Section 1 thereof Paragraph V of Section I of Article VI and inserting in its place a new Paragraph V to read as follows:

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Paragraph V. Uniformity of jurisdiction, powers, etc. Except as otherwise provided in this Constitution, the courts of each class shall have uniform jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges. The provisions of this Paragraph shall be effected by law within 24 months of the effective date of this Constitution. Section 3. Said resolution is further amended by striking in its entirety from Section 1 thereof Paragraph VII of Section VII of Article VI and inserting in its place a new Paragraph VII to read as follows: Paragraph VII. Discipline, removal, and involuntary retirement of judges. Any judge may be removed, suspended, or otherwise disciplined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for conviction of a crime involving moral turpitude, or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation. Section 4. Said resolution is further amended by striking from Section 1 thereof subparagraph (6) of Paragraph I of Section X of Article VI, which reads as follows: (6) Justice of the peace courts, small claims courts, and magistrate courts operating on the effective date of this article, the County Court of Echols County, the County Court of Baldwin County, and the County Court of Putnam County shall become and be classified as magistrate courts., and inserting in lieu thereof a new subparagraph (6) to read as follows: (6) Justice of the peace courts, small claims courts, and magistrate courts operating on the effective date of this Constitution and the County Court of Echols County shall become and be classified as magistrate courts. The County Court of Baldwin County and the County Court of Putnam County shall become and be classified as state courts, with the same jurisdiction and powers as other state courts.

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Section 5. Said resolution is further amended by striking in its entirety from Section 1 thereof Paragraph IV of Section V of Article VIII and inserting in its place a new Paragraph IV to read as follows: Paragraph IV. Changes in school boards and superintendent. (a) The composition of school boards, the term of office, and the methods of selecting board members and school superintendents, including whether elections shall be partisan or nonpartisan, shall be as provided by law applicable thereto on June 30, 1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qualified voters voting thereon in the system affected. It shall not be necessary for a local law which reapportions election districts from which members of a local board of education are elected to be conditioned on the approval of the voters as herein required. (b) School systems which are authorized on June 30, 1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may continue to do so. Section 6. Said resolution is further amended by striking in its entirety from Section 1 thereof Paragraph II of Section V of Article IX and inserting in its place a new Paragraph II to read as follows: Paragraph II. Special district debt. Any county, municipality, or political subdivision of this state may incur debt on behalf of any special district created pursuant to Paragraph VI of Section II of this article. Such debt may be incurred on behalf of such special district where the county, municipality, or other political subdivision shall have, at or before the time of incurring such debt, provided for the assessment and collection of an annual tax within the special district sufficient in amount to pay the principal of and interest on such debt within 30 years from the incurrence thereof; and no such county, municipality, or other political subdivision shall incur any debt on behalf of such special district without the assent of a majority of the qualified voters of such special district voting in an election held for that purpose as provided by law. No such county, municipality, or other political subdivision shall incur any debt on behalf of such special district in an amount which, when taken together with all other debt outstanding incurred by such county, municipality, or political subdivision and on behalf of any such special district, exceeds 10 percent of the assessed value of all taxable property within such county, municipality, or political subdivision. The proceeds of the tax collected as provided herein shall be placed in a sinking fund

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to be held on behalf of such special district and used exclusively to pay off the principal of and interest on such debt thereafter maturing. Such moneys shall be held and kept separate and apart from all other revenues collected and may be invested and reinvested as provided by law. Section 7. Said resolution is further amended by striking in its entirety from Section 1 thereof subparagraph (d) of Paragraph IV of Section I of Article XI and inserting in its place a new subparagraph (d) to read as follows: (d) Notwithstanding the provisions of subparagraphs (a) and (b), the following amendments to the Constitutions of 1877 and 1945 shall be continued in force as a part of this Constitution: amendments to the Constitution of 1877 and the Constitution of 1945 which created or authorized the creation of metropolitan rapid transit authorities, port authorities, and industrial areas and which were continued in force as a part of the Constitution of 1976 pursuant to the provisions of Article XIII, Section I, Paragraph II of the Constitution of 1976 and which are in force on the effective date of this Constitution. 1981 PROPOSED AMENDMENT REPEALED. No. 135 (House Resolution No. 513). A RESOLUTION To repeal Resolution Act No. 68 (House Resolution No. 111), adopted at the 1981 regular session of the General Assembly (Ga. L. 1981, p. 1911), which resolution proposed an amendment to the Constitution so as to provide for amendment of the Constitution by ratification of two or more new articles or two or more new articles with related changes as a single amendment; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Resolution Act No. 68 (House Resolution No. 111), adopted at the 1981 regular session of the General Assembly (Ga. L. 1981, p. 1911), which resolution proposed to amend the third unnumbered paragraph of Paragraph I of Section I of Article XII of the Constitution by adding at the end thereof the following: A proposal for the ratification of two or more new Articles may be submitted as a single amendment. A proposal for the ratification of two or more Articles with related changes within the Articles or with related changes in one or more other Articles may be submitted as a single amendment., is repealed in its entirety. 1981 PROPOSED AMENDMENT REPEALED. No. 136 (House Resolution No. 517). A RESOLUTION To repeal Resolution Act No. 69 (House Resolution No. 119), adopted at the 1981 regular session of the General Assembly (Ga. L. 1981, p. 1913), which resolution proposed an amendment to the Constitution so as to provide the manner of filling vacancies in certain elected constitutional offices of the state; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Resolution Act No. 69 (House Resolution No. 119), adopted at the 1981 regular session of the General Assembly (Ga. L. 1981, p. 1913), which resolution proposed to amend Section III of Article V of the Constitution by adding a new Paragraph VII to read as follows:

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Paragraph VII. Vacancies. A vacancy in the office of Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor shall be filled by appointment of the Governor until the first day of January after the next general election which is held more than 30 days after the vacancy occurs. If a portion of the original term remains unexpired after that first day of January, a successor for the unexpired term shall be elected at that general election., is repealed in its entirety. CHARTER COMMISSION FOR CITY OF TIFTON AND TIFT COUNTY AUTHORIZED. Proposed Amendment to the Constitution. No. 137 (House Resolution No. 540). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolidation of the government of the City of Tifton and Tift County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Tift County and to draft a proposed charter to create such successor government, which proposed charter shall be submitted to the voters of Tift County for approval or rejection in such manner as the General Assembly shall provide by said local Act; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV, Paragraph I of the Constitution is amended by adding at the end thereof the following:

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Any other provisions of this Constitution to the contrary not-withstanding, the General Assembly is authorized to provide by local Act for the creation of a charter commission to study all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Tift County which single government shall supersede and replace the existing governments of the council of the City of Tifton, hereinafter referred to as the City of Tifton, and Tift County and may also supersede and replace any public authorities and special service districts located and operating within Tift County. Said local Act may further authorize said charter commission to draft a proposed charter creating such county-wide government and for the submission of such charter to the voters of Tift County for approval or rejection in such manner as the General Assembly shall provide by said local Act. To carry out the purposes of this amendment, the General Assembly is expressly authorized to delegate its powers by said local Act to said charter commission and may authorize said commission to draft a proposed county-wide government charter which may include any provisions necessary to effectuate the purposes of this amendment. To that end, and without limiting the generality of the foregoing, the General Assembly is authorized to provide by said local Act that said charter commission may draft a proposed charter which may provide for any one or more of the following: (1) For the abolishment of the existing governments of the City of Tifton and Tift County and for the creation of a new single government having all powers formerly exercised by the City of Tifton and Tift County, and having such other powers as may be necessary or desirable including such rights, powers, duties, and liabilities as are now or may hereafter be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provision of law; the form and composition of said new government to be as said charter shall provide. (2) For the new county-wide government to continue to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, monies, grants, grants-in-aid, funds, loans, aid, appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the

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State of Georgia or by other provisions of law or under any present or future state or federal programs. (3) For the abolishment of any city and county courts, and any other courts including courts created in lieu of constitutional courts, presently existing in the City of Tifton and Tift County, except the Superior Court, the Probate Court, and the State Court of Tift County, and for the creation of one or more new courts having the jurisdiction and powers of the former courts in such manner as said charter shall provide. (4) For the abolishment of any public authorities and special service districts located within Tift County whether created by law or by provisions of this Constitution, and for the transfer of all powers, duties, and obligations of such authorities and districts to the new county-wide government in such manner as said charter shall provide. (5) For the abolishment of any one or more public offices including coroner, county surveyor, tax commissioner, and county treasurer or positions of public employment of the City of Tifton and Tift County, and any public authorities or special service districts located and operating within Tift County. (6) For the creation of the governing authority of the single county-wide government including the number of members of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority. (7) For the creation of the various departments, boards, bureaus, officers, commissions, and positions of public employment of said county-wide government and all other matters necessary or incidental thereto. (8) For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said county-wide government in accordance with the kind, character, type and degree of services provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and may provide that the powers, authority, duties, liabilities, and functions of any

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such new governing authority so created may vary from district to district. (9) For the assumption by said county-wide government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities and special service districts which are consolidated by said charter and a method by which said county-wide government shall assume the payment of any obligations issued under the Revenue Bond Law. (10) For the transfer to said county-wide government of assets, contracts, and franchises of all governmental units, and any public authorities and special service districts which are consolidated or merged with said county-wide government. (11) For the purposes for which said county-wide government or governing authority of any agency thereof may levy taxes and the debt limitations applicable to such county-wide government or any agency thereof. (12) For the method or methods by which said charter may be amended. (13) For broad exploratory and investigative powers to said charter commission to explore and investigate the consolidation of any aspect of government that it desires whether or not specifically enumerated in the foregoing twelve paragraphs of this amendment. Said local Act may further provide for the qualifications and compensation of the members of said charter commission and for the expenses of said charter commission. The compensation of the members of the charter commission and the expenses of the commission may be shared by the City of Tifton and Tift County in such manner as the General Assembly shall provide by said local Act, and the governing authority of the City of Tifton and the governing authority of Tift County are authorized to expend public funds for such purposes. Nothing herein shall be construed to authorize the General Assembly or any charter commission created pursuant to any local Act passed by the General Assembly in pursuance of this amendment to:

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(1) Alter or affect the status of the Tift County School District and the Tift County Board of Education or any constitutional provision by which such named agency was authorized or preserved or to transfer any of its powers, duties, or obligations. (2) Impair or diminish any civil service pension and retirement rights existing at the time of the ratification of this amendment. (3) Abolish the office of sheriff. (4) Affect the status of any incorporated municipality located within Tift County other than the City of Tifton and the status or relationship that such incorporated municipalities bear to Tift County and the City of Tifton prior to the adoption of this amendment shall continue to the same extent with any newly created county-wide governing authority that may be created under the provisions of this amendment. (5) Impair or diminish any homestead or other exemptions from taxation now or hereafter specified in this Constitution. None of the foregoing limitations shall be construed, however, as prohibiting the General Assembly from exercising any legislative power with respect to the school district, board of education, office of sheriff, civil service and pension rights, incorporated municipalities and homestead exemptions which existed prior to the adoption of this paragraph. The powers herein granted to the General Assembly: (1) Are remedial and shall be liberally construed to effectuate their purpose. (2) May be exercised by the General Assembly notwithstanding any other provisions of this Constitution or of law. (3) Shall not be exhausted by their initial exercise but may be exercised from time to time as said General Assembly may determine. (4) Are cumulative of all other powers now held by the General Assembly and are not in lieu thereof.

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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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolidation of the governments of the City of Tifton and Tift County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Tift County and to draft a proposed charter to create such successor government, which proposed charter shall be submitted to the voters of Tift County for approval or rejection in such manner as the General Assembly shall provide by said local Act? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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WARE COUNTY COUNTY MANAGER. Proposed Amendment to the Constitution. No. 138 (House Resolution No. 563). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the board of commissioners of Ware County to create the office of county manager, appoint and remove the county manager, fix his compensation, and prescribe his duties, powers, and responsibilities; 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 amended by adding at the end thereof the following: The board of commissioners of Ware County is authorized to create the office of county manager, appoint and remove the county manager, fix his compensation, and prescribe his duties, powers, and responsibilities by local ordinance or resolution. 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. 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 Ware County to create the office of county manager, appoint and remove the county manager, fix his compensation, and prescribe his duties, powers, and responsibilities by local ordinance or resolution?

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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. CRISP COUNTY HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 139 (House Resolution No. 573). A RESOLUTION Proposing an amendment to the Constitution so as to provide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Crisp County School System for all residents of the Crisp County School District who are 65 years of age or over; 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 amended by adding at the end thereof a new paragraph to read as follows: The amount of $2,000.00 of the assessed value of the homestead of each resident of the Crisp County School District who is 65 years of age or over is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of the Crisp County School System, including taxes to retire school bond indebtedness. The homestead exemption provided for herein shall be in addition to, and not in lieu of, any other homestead exemptions applicable to residents

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of Crisp County or the Crisp County School District. The procedures and requirements provided by law relative to qualifying for and claiming homestead exemptions, which are not in conflict or inconsistent with this paragraph, shall apply to the homestead exemption provided for herein. The provisions of this paragraph shall apply to all taxable years beginning after December 31, 1982. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended to provide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Crisp County School System for all residents of the Crisp County School District who are 65 years of age or over? 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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HABERSHAM COUNTY SALES TAX FOR EDUCATIONAL PURPOSES. Proposed Amendment to the Constitution. No. 140 (House Resolution No. 591). A RESOLUTION Proposing an amendment to the Constitution so as to require the Board of Education of the Habersham County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Habersham County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding year; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: The Board of Education of the Habersham County School District shall impose, levy, and collect a sales and use tax for educational purposes of that school district. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipality sales and use tax. The ad valorem tax millage rate limitation applicable to the Habersham County School District under this Section VII of the Constitution shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within the Habersham County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. The Habersham County School District shall also comply with the provisions of Code Section 48-8-91 as if the Habersham County School District were a county or municipality

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within the meaning of that Code section and as if the tax provided for herein were levied pursuant to Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Habersham County and those municipalities located therein from imposing as an additional tax that joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. The Habersham County School District is authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this paragraph. The tax authorized by this paragraph may be imposed, levied, and collected as provided herein without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to require the Board of Education of the Habersham County School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by the Habersham County School District on and after January 1, 1984, to take into account the proceeds received from that tax by the school district the preceding 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.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. CITY OF COVINGTON HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 141 (House Resolution No. 594). A RESOLUTION Proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Covington in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the 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: The governing authority of the City of Covington may grant an exemption from city ad valorem taxes on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such, in an amount to be fixed by the governing authority at not more than $20,000.00 of its value. The governing authority of the city may by ordinance provide the procedures and requirements necessary for the proper administration of this exemption. 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. In such instances, such exemptions shall be granted to

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such properties, if claimed in the manner required by the city 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 exemption granted by this paragraph in the manner required by the city. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Covington in an amount to be fixed by the governing authority of the city at not more than $20,000.00 from all ad valorem taxes levied and collected by the city? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CRISP COUNTY CORDELE INDUSTRIAL AUTHORITY MEMBERS. Proposed Amendment to the Constitution. No. 142 (House Resolution No. 597). A RESOLUTION Proposing an amendment to the Constitution so as to increase the membership of the Crisp County-Cordele Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Constitution is amended by striking from the amendment to the Constitution which created the Crisp County-Cordele Industrial Development Authority, which was ratified at the 1968 general election, which is set forth in Georgia Laws 1968, pages 1757-1764, and which was continued in force by the Constitution of 1976, subparagraph B. thereof which reads as follows: B. The Authority shall be composed of five members, one of whom shall be the chairman of the Commissioners of Roads and Revenues of Crisp County, one of whom shall be the Chairman of the City Commissioners of Cordele, and one of whom shall be the president of the Cordele-Crisp County Chamber of Commerce. The Commissioners of Roads and Revenues of Crisp County shall appoint one member who shall be a resident of Crisp County within or without the city limits of Cordele and shall serve for a term of three years and until his successor is duly appointed and qualified. Thereafter, successors to the initial member appointed by the Commissioners of Roads and Revenues of Crisp County shall serve for three years and until their successors are duly elected and qualified. The City Commissioners of Cordele shall appoint one member who shall be a resident of Crisp County within or without the city limits of Cordele and shall serve for a term of two years and until their successors are duly appointed and qualified. Thereafter, successors to the initial member appointed by the City Commissioners shall serve for three years and until their successors are duly elected and qualified. Provided, however, under no circumstances shall the Commissioners

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of Roads and Revenues of Crisp County or the City Commissioners of Cordele appoint a member of either Commission. In the event a vacancy occurs on the Authority for any reason, the appointing Authority shall appoint a member to serve the unexpired term. The Authority is hereby empowered to elect its own Chairman, Vice-Chairman and Secretary from its members. The members of the Authority shall receive no compensation for their services on the Authority., and inserting in lieu thereof a new subparagraph B. to read as follows: B. The Authority shall be composed of seven members, one of whom shall be the chairman of the Crisp County Board of Commissioners, one of whom shall be the Chairman of the City Commissioners of Cordele, one of whom shall be the Chairman of the Crisp County Power Commission, and one of whom shall be the president of the Cordele-Crisp County Chamber of Commerce. The Crisp County Board of Commissioners shall appoint one member who shall be a resident of Crisp County within or without the city limits of Cordele, and such member shall serve for a term of three years and until his successor is duly appointed and qualified. Thereafter, successors to the member appointed by the Crisp County Board of Commissioners shall serve for terms of three years and until a successor is duly appointed and qualified. The City Commissioners of Cordele shall appoint one members who shall be a resident of Crisp County within or without the city limits of Cordele, and such member shall serve for a term of two years and until his successor is duly appointed and qualified. Thereafter, successors to the initial member appointed by the City Commissioners of Cordele shall serve for terms of three years and until a successor is duly appointed and qualified. The Crisp County Power Commission shall appoint one member who shall be a resident of Crisp County within or without the corporate limits of the City of Cordele, and such member and successors to such member shall be appointed for a term of three years and until a successor is appointed and qualified. Provided, however, under no circumstances shall the Crisp County Board of Commissioners, the City Commissioners of Cordele, or the Crisp County Power Commission appoint a member of any of such bodies as a member of the Authority. No vacancy shall impair the power of the Authority to act, provided that five members are in accord with such action. In the event a vacancy occurs on the Authority for any reason, the appointing authority shall appoint a member to serve the unexpired term. The Authority is empowered to elect its own chairman, vice-chairman, and secretary

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from its members. The members of the Authority shall receive no compensation for their services on the Authority. Section 2. The Constitution is further amended by striking from said amendment creating the Crisp County-Cordele Industrial Development Authority subparagraph E. thereof, which reads as follows: Any three (3) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes., and inserting in lieu thereof a new subparagraph E. to read as follows: E. Any five members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than five affirmative votes, subject, however, in the event of a vacancy, to the provisions of subparagraph B. hereof. Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. 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 an increase in membership of the Crisp County-Cordele Industrial Development Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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DeKALB COUNTY AUTHORITY OF GENERAL ASSEMBLY TO ABOLISH OFFICE OF JUSTICE OF THE PEACE, ETC. Proposed Amendment to the Constitution. No. 143 (House Resolution No. 617). A RESOLUTION Proposing an amendment to the Constitution to authorize the General Assembly at any time to abolish by local law the offices of justice of the peace, the offices of constable, and justice courts within DeKalb County and to authorize the General Assembly by local law to provide that other courts within DeKalb County shall exercise and be vested with the jurisdiction of justice courts in such manner as the General Assembly shall determine, provided that judges of the Recorder's Court of DeKalb County and magistrates of such court are elected by the qualified voters of the county or by the qualified voters of districts within the county pursuant to parallel local legislation adopted by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VI, Section VII, Paragraph III of the Constitution is amended by adding at the end thereof the following paragraph: Subject to the limitations hereinafter provided, the General Assembly at any time is authorized to abolish by local law the offices of justice of the peace, the offices of constable, and justice courts in DeKalb County. The General Assembly may by local law provide that other courts within DeKalb County shall exercise and be vested with the jurisdiction of justice courts in such manner as the General Assembly shall determine and may provide for any other matters necessary or convenient to abolish the offices of justice of the peace, the offices of constable, and justice courts in DeKalb County. As a necessary condition for any local Act adopted pursuant to the authority of this paragraph to become effective, the General Assembly must also provide by local Act, which must become effective at the same time as the local Act adopted pursuant to the paragraph, for the election of the judges of the Recorder's Court of DeKalb County and

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for the election of magistrates of the Recorder's Court of DeKalb County. Such parallel local Act shall provide for the election of such magistrates and judges by the voters of DeKalb County voting within districts established for such purpose or voting countywide in such manner as the General Assembly shall provide by said local Act. Any local law adopted pursuant to the authority of this paragraph shall control the subject matter thereof, notwithstanding the provisions of any general law, whether presently existing or hereafter enacted. 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. 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 at any time to abolish by local law the offices of justice of the peace, the offices of constable, and justice courts within DeKalb County and to authorize the General Assembly by local law to provide that other courts within DeKalb County shall exercise and be vested with the jurisdiction of justice courts in such manner as the General Assembly shall determine, provided that judges of the Recorder's Court of DeKalb County and magistrates of such court are elected by the qualified voters of the county or by the qualified voters of districts within the county pursuant to parallel local legislation adopted by the General Assembly? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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COLUMBIA COUNTY CIVIL JURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 144 (House Resolution No. 622). A RESOLUTION Proposing an amendment to the Constitution so as to increase jurisdiction of civil cases over which the Justices of the Peace of Columbia 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 amended by adding at the end thereof the following paragraph: Provided, however, that in Columbia 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 $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. 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 Columbia County shall have jurisdiction?

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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. WHITFIELD COUNTY HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 145 (House Resolution No. 625). A RESOLUTION Proposing an amendment to the Constitution so as to increase the amount of the homestead exemption of each resident of Whitfield County from $2,000.00 to $10,000.00 for the purposes of all Whitfield County taxes, except Whitfield County school district taxes and taxes to pay interest on and retire bonded indebtedness; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof the following: The homestead of each resident of Whitfield County actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, is exempted, in the amount of $10,000.00 of its value, from all ad valorem taxation for county purposes, except to pay interest on and retire bonded indebtedness and except for county ad valorem taxes levied by or on behalf of the Whitfield County school district. The value of all property in excess of the foregoing exemption shall remain subject to taxation.

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Except for the amount of the exemption and its application to county taxes other than school taxes, the provisions of this Constitution and of alw relating to the basic homestead exemption of $2,000.00 shall apply to the homestead exemption granted herein. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1982. 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. 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 the homestead exemption of each resident of Whitfield County from $2,000.00 to $10,000.00 for the purposes of all Whitfield County taxes, except Whitfield County school district taxes and taxes to pay interest on and retire bonded indebtedness? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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MOULTRIE-COLQUITT COUNTY DEVELOPMENT AUTHORITY BONDS. Proposed Amendment to the Constitution. No. 146 (House Resolution No. 634). A RESOLUTION Proposing an amendment to the Constitution so as to remove the maximum amount of interest that bonds issued by the Moultrie-Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds borrowed from financial institutions; to provide for a code of ethics for members of the Authority; to prohibit certain persons from serving on the Authority; to provide for the notification of meetings 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. The amendment to the Constitution of Georgia of 1945 which created the Moultrie-Colquitt County Development Authority, which amendment was ratified at the general election held in 1960 and which is set forth in Ga. L. 1960, p. 1402, as amended, particularly by a resolution ratified at the general election held in 1976 and which is set forth in Ga. L. 1976, p. 1773, and which was continued in full force and effect by the provisions of the Constitution of Georgia of 1976, is amended by striking therefrom the following: I. The Authority is hereby authorized to issue revenue bonds to carry out the purposes of this amendment. Revenue bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such revenue bonds may be authorized by resolutions of the Moultrie-Colquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which revenue bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear

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such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding eight percent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, convenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be nontaxable for any and all purposes. Such bonds issued by the said Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of municipalities are validated as provided in Code sections 87-815 et seq. of the Code of Georgia. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the supreme court or the court of appeals, the judgment of the superior court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security thereof against said Authority. In addition, the Authority is hereby authorized to borrow funds from financial institutions at a rate of interest not to exceed eight percent per annum., and inserting in lieu thereof the following: I. The Authority is authorized to issue revenue bonds to carry out the purposes of this amendment. Revenue bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such revenue bonds may be authorized by resolutions of the Moultrie-Colquitt County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority, in determining the cost of any undertaking for which revenue bonds are to be issued, may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period and for six months thereafter; and such bonds shall bear such date or dates, mature at such time or times not exceeding 30 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, convenants, assignments, and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are declared to be nontaxable for any and all purposes. Such bonds issued by said

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Authority shall be validated in the Superior Court of Colquitt County in the same manner as revenue bonds of municipalities are validated as provided in Code Sections 36-82-74 through 36-82-83 of the Official Code of Georgia Annotated. In the event no bill of exceptions shall be filed within the time prescribed by law or, if filed, the judgment shall be affirmed by the Supreme Court or the Court of Appeals, the judgment of the superior court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security thereof against said Authority. In addition, the Authority is authorized to borrow funds from financial institutions. Section 2. Said amendment, as amended, is further amended by adding after the paragraph which reads as follows: N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the City of Moultrie, Colquitt County or the State of Georgia., the following: O. The members of the Authority shall represent the citizens of Moultrie and Colquitt County in a fiduciary capacity while carrying out their duties. Each member of the Authority shall: (1) Uphold the Constitution, laws, and regulations of the United States, the State of Georgia, and all governments therein and never be a party to their evasion; (2) Never discriminate by the dispensing of special favors or privileges to anyone, whether or not for remuneration; (3) Not engage in any business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of his governmental duties; (4) Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit; (5) Expose corruption wherever discovered;

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(6) Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts, favors, hospitality, or services from any person, association, or corporation under circumstances from which it could reasonably be inferred that a major purpose of the donor is to influence the performance of the member's official duties; (7) Never accept any economic opportunity under circumstances where he knows or should know that there is a substantial possibility that the opportunity is being afforded him with intent to influence his conduct in the performance of his official duties; (8) Never engage in other conduct which is unbecoming to a member or which constitutes a breach of public trust; and (9) Never take any official action with regard to any matter under circumstances in which he knows or should know that he has a direct or indirect monetary interest in the subject matter of such matter or in the outcome of such official action. P. No person shall be permitted to serve on the Authority if he, or a corporation, partnership, or association in which he is an officer, conducts any business for profit with a person, corporation, partnership, or association which has a loan from the Authority outstanding until such loan is repaid in full. The Authority shall be required to declare a vacancy in the office of any member found violating the provisions of this paragraph. Q. The Authority shall give the public advance notice of all meetings. The advance notice of the meeting shall be given by notifying the broadcast and print news media of the county of the date, time, place, and purpose of the meeting at least 72 hours prior to the date thereof. The notice to the news media may be made by telephone or by written notice. The requirement of advance public notice of a meeting shall not apply to a meeting called as a result of a bona fide emergency, but public notice of the emergency meeting shall be given by the Authority as far in advance of the meeting as practicable under the emergency circumstances. 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.

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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 remove the maximum amount of interest that bonds issued by the Moultrie Colquitt County Development Authority may bear and the maximum amount of interest that the Authority may pay on funds borrowed from financial institutions and to provide a code of ethics for members of the Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. MERIWETHER COUNTY CIVIL JURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 147 (House Resolution No. 636). 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 Meriwether County shall have jurisdiction and provide for bond requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VI, Section VII, Paragraph II of the Constitution is amended by adding at the end a new undesignated paragraph to read as follows: Provided, however, that in Meriwether County the justice of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property when the principal sum does not exceed $1,000.00, and shall give a bond payable to the judge of the probate court of said county in the amount of $10,000.00, with any premiums due on said bond to be paid by that justice of the peace. 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. 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 of Meriwether County shall have jurisdiction and provide for bond requirements be approved? 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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PIERCE COUNTY SCHOOL DISTRICT HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 148 (House Resolution No. 639). A RESOLUTION Proposing an amendment to the Constitution so as to provide that each resident of the Pierce County School District who is 62 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 Pierce County School District taxes in the amount of $10,000.00 of the assessed value of the 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 amended by adding at the end thereof the following paragraph: The homestead of each resident of the Pierce 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 $12,000.00 per annum, is hereby granted an exemption of $10,000.00 of its assessed value 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 of Pierce 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 to make a determination as to whether such owner is entitled to said exemption. The tax receiver shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall

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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 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, 1982. 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. 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 Pierce County School District who is 62 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 a homestead exemption of $10,000.00 from all Pierce County School District ad valorem taxes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CAMDEN COUNTY HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 149 (House Resolution No. 640). A RESOLUTION Proposing an amendment to the Constitution so as to provide a homestead exemption in an amount of $4,000.00 from all county and county school ad valorem taxes for residents of Camden County; to provide an additional homestead exemption in an amount of $4,000.00 from all county and county school ad valorem taxes for residents of Camden County who are 60 years of age or older and who have an income from all sources in an amount not exceeding $12,000.00; to provide procedures in connection with obtaining such exemptions; 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 amended by adding at the end thereof the following: Any other provision of the Constitution to the contrary notwithstanding, the homestead of each resident of Camden County actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is exempted from all county and county school ad valorem taxes in an amount of $4,000.00 of its value. In addition to the $4,000.00 homestead exemption provided for above, the homestead of each resident of Camden County who is 60 years of age or older and who has an income not exceeding $12,000.00 is exempted from all county and county school taxes in an amount of $4,000.00 of its value. The homestead exemptions provided herein shall continue for so long as any such resident of Camden County actually occupies said homestead as his residence. Provided, however, no homestead exemption from ad valorem taxation by Camden County shall exceed the sum of $8,000.00. The value of the homestead in excess of the above exempted amount or amounts shall remain subject to ad valorem taxation by Camden County. No resident shall receive the benefits of such homestead exemption unless he or his agent provides the

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governing authority of the county, or a person designated by the governing authority, with an affidavit stating that he is a resident and that his property is his homestead and residence and containing such additional information as will enable the governing authority to make a determination as to whether such person is entitled to such exemption. The governing authority shall provide the necessary forms for such purpose. No resident who is entitled to the additional exemption as provided for above shall be qualified to receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of Camden County, or with the person designated by the governing authority of Camden County, giving his age and the amount of income which he receives and such additional information as may be required to make a determination as to whether such owner is entitled to such exemption. Such applications shall be processed in the same manner as other applications for homestead exemptions and the provisions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto; but after any such person has filed the proper application and certificates as provided above and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said certificates thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the governing authority in the event he becomes ineligible for any reason for the exemptions provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemptions provided herein shall apply to all taxable years beginning after December 31, 1982. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide a homestead exemption in an amount of $4,000.00 from all county and county school ad

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valorem taxes for residents of Camden County and to provide an additional homestead exemption in an amount of $4,000.00 from all county and county school ad valorem taxes for residents of Camden County who are 60 years of age or older and who have an income from all sources in an amount not exceeding $12,000.00? 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. JEFFERSON COUNTY AD VALOREM TAXATION. Proposed Amendment to the Constitution. No. 150 (House Resolution No. 657). A RESOLUTION Proposing an amendment to the Constitution so as to permit the General Assembly to authorize local taxing jurisdictions in Jefferson County to grant discounts for early payment of ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding a new paragraph immediately preceding the last paragraph thereof to read as follows:

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Subject to the conditions provided by local law, the General Assembly may authorize each local taxing jurisdiction in Jefferson County to grant a reasonable discount for early payment of ad valorem taxes owed to the local taxing jurisdiction. No such discount shall be granted except upon payment in full by the taxpayer of all ad valorem taxes due and payable to the local taxing jurisdiction. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to permit the General Assembly to authorize local taxing jurisdictions in Jefferson County to grant discounts for early payment of ad valorem taxes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CITY OF PINE LAKE HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 151 (House Resolution No. 663). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the mayor and council of the City of Pine Lake in DeKalb County to exempt from ad valorem taxation an amount not to exceed $4,000.00 of the value of the homestead of residents of the City of Pine Lake; 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 amended by adding at the end thereof a new paragraph to read as follows: The mayor and council of the City of Pine Lake shall be authorized to exempt up to the first $4,000.00 in value from ad valorem property taxation by the City of Pine Lake on the homestead of each resident of the City of Pine Lake so long as the homestead is actually occupied by the owner as a residence and homestead. No resident shall receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an affidavit stating that he is a resident and that his property is his homestead and residence and containing such additional information as will enable the governing authority to make a determination as to whether such person is entitled to such exemption. Any person who receives a homestead exemption from Dekalb County ad valorem taxes shall be entitled to the exemption provided in this paragraph upon making proper application to the governing authority. The governing authority shall provide the necessary forms for such purpose. After any such person has filed the proper application as provided above and has been allowed the exemption provided herein, it shall not be necessary that he make application thereafter for any year and the said exemption shall continue to be allowed to such person. It shall be the duty of any

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such person, however, to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1983. 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. 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 Pine Lake to exempt from ad valorem taxes an amount not to exceed $4,000.00 of the value of the homestead of residents of the City of Pine Lake? 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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LOWNDES COUNTY CIVIL JURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 152 (House Resolution No. 669). A RESOLUTION Proposing an amendment to the Constitution so as to increase the jurisdiction of civil cases over which Justices of the Peace of Lowndes 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 amended by adding at the end thereof the following paragraph: Provided, however, that in Lowndes 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. 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. 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 Lowndes 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.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. LOWNDES COUNTY BUSINESS LICENSES. Proposed Amendment to the Constitution. No. 153 (House Resolution No. 670). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the board of commissioners of Lowndes 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 Lowndes 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 amended by adding at the end thereof the following new paragraph: The board of commissioners of Lowndes County, Georgia, as the governing authority of said county, is authorized and empowered to levy, assess, and collect license fees and taxes from all persons, firms, and corporations doing business in the unincorporated area of said county, except those businesses regulated by the Public Service Commission and those corporations organized under Chapter 3 of Title 46 of the Official Code of Georgia Annotated, 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 Lowndes County, the governing authority of said county is further authorized and empowered to regulate

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and exercise police powers over any businesses operated or conducted within the unincorporated areas of said county, except those businesses regulated by the Public Service Commission and those corporations organized under Chapter 3 of Title 46 of the Official Code of Georgia Annotated, 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 Lowndes 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. 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 Lowndes 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 Lowndes 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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WHITFIELD COUNTY MERIT SYSTEM OF PERSONNEL ADMINISTRATION. Proposed Amendment to the Constitution. No. 154 (House Resolution No. 671). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the board of commissioners of Whitfield County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Whitfield County paid in whole or in part by county funds, other than elected and certain appointed officials; to provide for matters relating thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph II of the Constitution is amended by adding at the end thereof the following paragraph: Notwithstanding any other provision of this Constitution to the contrary, the board of commissioners of Whitfield County is authorized to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of the county who are paid in whole or in part by county funds, other than officials elected by the people or persons appointed to a position for a specified term and subject to the limitations hereinafter provided. The merit system shall be administered pursuant to rules and regulations of the Whitfield County Merit System adopted by ordinance or resolution by the board of commissioners of Whitfield County. Positions of employment within departments subject to the jurisdiction of the probate judge, the tax commissioner, the sheriff, and the clerk of superior court or other commissions, boards, or bodies shall be subject to the rules and regulations of the merit system only upon the written application of the county officer, commission, board, or body having the power of appointment, employment, or removal from positions within that office, department, commission, board, or body. Once positions of employment are made subject to the rules and regulations of the merit system, they shall not be

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removed thereafter from the coverage of the merit system. As a condition necessary for the ordinance or resolution creating the merit system to become effective, the board of commissioners of Whitfield County shall conduct at least three public hearings on the proposed ordinance or resolution. Such public hearings shall be conducted during a period of 60 days prior to the proposed effective date of the ordinance or resolution. All ordinances or resolutions adopted pursuant to this paragraph shall control in Whitfield County over any general law or local law heretofore or hereafter enacted by the General Assembly dealing with matters provided for in this paragraph. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. 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 Whitfield County to provide by ordinance or resolution for the creation of a merit system of employment and personnel administration for employees of Whitfield County paid in whole or in part by county funds, other than elected or certain appointed officials? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CITY OF UNION CITY HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 155 (House Resolution No. 672). A RESOLUTION Proposing an amendment to the Constitution so as to provide an increase in the maximum income qualification for homestead exemptions from the city ad valorem taxation for resident homeowners in the City of Union City who are 65 years of age or older; 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 of 1976, as amended, is amended by deleting from that paragraph regarding homestead exemptions for aged, low-income residents of the City of Union City, Georgia (Ga. L. 1977, p. 1572) and ratified on November 7, 1978, the phrase six thousand dollars ($6,000.00) and inserting in lieu thereof the phrase eight thousand dollars ($8,000.00), so that said paragraph shall provide as follows: A homestead of each resident who is 65 years of age or older, with an annual income of eight thousand dollars ($8,000.00) or less in the City of Union City actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes in an amount of four thousand dollars ($4,000.00) of its value. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to provide for an increase in the maximum income qualification from $6,000.00 to $8,000.00 for homestead exemptions from city ad valorem taxation for resident homeowners in the City of Union City who are 65 years of age or older? 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. SCHLEY COUNTY CIVIL JURISDICTION OF JUSTICES OF THE PEACE. Proposed Amendment to the Constitution. No. 156 (House Resolution No. 698). 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 Schley 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 amended by adding at the end thereof the following paragraph:

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Provided, however, that in Schley County the justices of the peace shall have jurisdiction in all civil cases arising ex contractu 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. 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 of Schley County shall have jurisdiction from $200.00 to $750.00? 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.

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HOUSTON COUNTY SALES TAX FOR EDUCATIONAL PURPOSES. Proposed Amendment to the Constitution. No. 157 (House Resolution No. 699). A RESOLUTION Proposing an amendment to the Constitution so as to impose a local sales and use tax in Houston County and allocate the proceeds of the tax to the Houston County School System only if the power of said school system to levy ad valorem taxes is limited by another constitutional amendment; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV, Paragraph III of the Constitution is amended by adding a new paragraph at the end thereof to read as follows: There is hereby imposed in Houston County a sales and use tax. Said tax, except as otherwise provided in this paragraph, shall be identical to and administered in the same manner as the joint county and municipal sales tax authorized by Chapter 48-8 of the Official Code of Georgia Annotated, as now or hereafter amended. All proceeds of the tax which would otherwise be distributed to Houston County and qualified municipalities therein shall be distributed to the Houston County School System. The ratification of this paragraph shall have the effect of approval of the tax at a referendum under Code Section 48-8-5, and no further referendum shall be required for imposition of the tax. This paragraph shall be self-executing, but the General Assembly may provide by local law for the administration of this paragraph. This paragraph shall be effective only if there is ratified at the same general election at which this paragraph is ratified an amendment to the Constitution which limits the power of Houston County and the Houston County School District to impose, levy, collect, and receive ad valorem taxes. 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.

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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 impose a local sales and use tax in Houston County and allocate the proceeds of the tax to the Houston County School System only if the power of said school system to levy ad valorem taxes is limited by another constitutional amendment? All persons desiring to vote in favor of ratifying the proposed amendmend shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. HOUSTON COUNTY AD VALOREM TAXES FOR EDUCATIONAL PURPOSES. Proposed Amendment to the Constitution. No. 158 (House Resolution No. 700). A RESOLUTION Proposing an amendment to the Constitution so as to limit the power of Houston County and the Houston County School District to impose, levy, collect, and receive ad valorem taxes; to provide for 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 VII, Section I, Paragraph II of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: Notwithstanding any other existing or future provision of this Constitution or of general law, neither Houston County nor the Houston County School District may impose, levy, collect, or receive any ad valorem tax at a mill rate higher than is authorized by this paragraph. (1) As used in this paragraph, the term `local government' means Houston County and the Houston County School District. For purposes of this paragraph, taxes which are imposed, levied, or collected by Houston County on behalf of the Houston County School District are considered to be taxes imposed, levied, and collected by the Houston County School District. (2) The maximum allowable mill rate for taxes levied by each local government in 1983 and each year thereafter shall be the mill rate specified in this paragraph (2): (A) The maximum mill rate each such local taxing jurisdiction may levy in any tax year without a referendum shall be determined as follows: (i) multiply the mill rate actually billed to taxpayers by the local taxing jurisdiction for the tax year beginning January 1, 1980, by 105 percent; (ii) then, multiply the mill rate determined in (i) above, rounded off to the nearest five decimal places, by a fraction, rounded off to the nearest three decimal places, the numerator of which is the average net taxable digest for the local taxing jurisdiction for the two tax years immediately preceding the year the tax is to be levied; and the denominator of which is the net taxable digest for the local taxing jurisdiction for the tax year in which the levy is to be made. (B) The maximum allowable mill rate for each government in each year shall be reduced by the mill rate which would yield on the digest for that year an amount equal to the amount received by the local government in the immediately preceding year from any local sales and use tax.

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(C) The maximum allowable mill rate for the Houston County School District shall be increased in any year if the amount of required local effort credit appropriation of state funds available to the school district intended for ad valorem tax relief (or any similar appropriation) for the immediately preceding year is less than the amount of such appropriation available to the school district for 1980. The amount of increase in the maximum allowable mill rate shall be the number of mills which would yield on the digest for that year an amount equal to the amount by which the local effort credit appropriation available to the school district for the preceding year is less than the amount of such appropriation so available in 1980. (3) Except as provided in this subsection (3), neither local government may in any year impose, levy, collect, or receive any ad valorem tax at a mill rate higher than the maximum allowable mill rate computed according to subsection (2). (A) Said mill rate limitation shall not apply to taxes to retire bonded indebtedness incurred following the approval of such indebtedness at a referendum. (B) Said mill rate limitation shall not apply to state taxes, and the provisions of this paragraph shall in no way affect state taxes. (C) Said mill rate limitation shall not apply to taxes levied for the express purpose of paying the cost of any direct loss suffered by the local government as a result of war, insurrection, or other extraordinary peril, catastrophe, or emergency. The additional tax authorized herein shall be limited to the amount of expenditures necessary to place the local government in the position in which it would have been had such emergency not occurred. No such additional tax shall be levied except after adoption by a two-thirds' majority of a resolution of the local governing body which declares the existence of the emergency and specifies the resulting expenditures. (D) Said mill rate limitation shall not apply to taxes levied for the express purpose of paying the cost of expenditures which are in the future mandated by court order or state

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or federal law and which are not funded by state or federal funds. No such additional tax shall be levied except after adoption by a two-thirds' majority of a resolution of the local governing body which identifies the source of the mandate and specifies the mandated expenditures. (4) Except as provided in subsection (3), the local government may levy taxes in any year in excess of the maximum allowable mill rate for the year only if the increased levy is approved at a referendum by the voters of the local government. The local governing body shall hold at least three public hearings on the increased levy at different locations within the local government prior to the date of the referendum. Notice of each hearing shall be published once a week for at least three weeks prior to the hearing in the local government's legal organ. Such increased levy for any tax year may be made only if approved by a majority of the voters voting in the referendum. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. 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 limit the power of Houston County and the Houston County School District to impose, levy, collect, and receive ad valorem taxes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CITY OF COLLEGE PARK HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 159 (House Resolution No. 701). A RESOLUTION Proposing an amendment to the Constitution so as to increase the amount of the homestead exemption from city ad valorem taxation to resident homeowners in the City of College Park, who are under the age of 65 to the amount of $6,000.00 and to increase the homestead exemption from city ad valorem taxation to resident homeowners in the City of College Park who are totally disabled or 65 years of age or older to the amount of $8,000.00; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VII, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof the following: A homestead of each resident under the age of 65 of the City of College Park actually occupied by the owner as a residence and a homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from city ad valorem taxes, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in the amount of $6,000.00 of its value. A homestead of each resident who is totally disabled or is 65 years of age or older of the City of College Park actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes, except taxes levied by said city for the payment of interest and retirement of bonded indebtedness, in the amount of $8,000.00 of its value. Section 2. That certain amendment to Article VII, Section I, Paragraph IV of the Constitution which was ratified November 4, 1980, which is set forth in Georgia Laws 1980 pages 2144-2146, and which reads as follows:

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A homestead of each resident under the age of 65 of the City of College Park actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from city ad valorem taxes, except taxes levied by said city for the payment of interest on and retirement of bonded indebtedness, in an amount of four thousand dollars ($4,000.00) of its value. A homestead of each resident who is totally disabled or is 65 years of age or older, of the City of College Park actually occupied by the owner primarily as such, is hereby exempted from all city ad valorem taxes, except taxes levied by said city for the payment of interest and retirement of bonded indebtedness, in an amount of six thousand dollars ($6,000.00) of its value., is 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for a homestead exemption for resident homeowners of the City of College Park who are under age 65 in the amount of $6,000.00 and in the amount of $8,000.00 for such resident homeowners who are totally disabled or 65 years of age or older? 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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THOMASTON-UPSON COUNTY INDUSTRIAL AUTHORITY PROJECTS. Proposed Amendment to the Constitution. No. 160 (House Resolution No. 705). A RESOLUTION Proposing an amendment to the Constitution so as to enlarge and expand upon the types and kinds of projects which the Thomaston-Upson County Industrial Development Authority may undertake and in which it may be engaged; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The amendment to the Constitution of Georgia of 1945 which created the Thomaston-Upson County Industrial Development Authority, which amendment was ratified at the general election held in 1964 and which is set forth in Ga. L. 1964, p. 817, and which was continued in force and effect by the provisions of the Constitution of Georgia of 1976, is amended by striking therefrom subparagraph (2) of paragraph D. and substituting in lieu thereof the following new subparagraph (2) to read as follows: (2) The word `Project' shall be deemed to mean and include the optioning, acquisition (by purchase or otherwise), leasing, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements anywhere within the City of Thomaston or the County of Upson, and the acquisition (by purchase or otherwise), leasing, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used or useful for the purpose of the maintenance, enhancement, or development of trade, commerce, industry, or employment opportunities in the said City of Thomaston or the County of Upson. Any such project may be for any industrial, commercial, business, trade, office, parking, public, or other use so long as its purpose is either to maintain, enhance, or develop trade, commerce, industry, or employment within the confines of said City of Thomaston or County of Upson.

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Section 2. The said amendment to the Constitution of Georgia which created the Thomaston-Upson County Industrial Development Authority is further amended by striking therefrom subparagraph (7) of paragraph F. and substituting in lieu thereof the following new subparagraph (7) to read as follows: (7) To maintain, enhance, develop, encourage, or promote trade, commerce, industry, or employment in the City of Thomaston or the County of Upson and to make a long-range plan therefor. Section 3. The said amendment to the Constitution of Georgia which created the Thomaston-Upson County Industrial Development Authority is further amended by striking therefrom subparagraph (16) of Paragraph F. and substituting in lieu thereof the following new subparagraph (16) to read as follows: (16) To do all things within its power to maintain, enhance, develop, promote, or encourage employment opportunities and trade, commerce, and industry in the City of Thomaston or the County of Upson. Section 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. 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 enlarge and expand upon the types and kinds of projects which the Thomaston-Upson County Industrial Development Authority may undertake and in which it may be engaged? 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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HENRY COUNTY AD VALOREM TAX EXEMPTIONS. Proposed Amendment to the Constitution. No. 161 (House Resolution No. 713). A RESOLUTION Proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments shall be exempt from certain county ad valorem taxes in Henry County; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Paragraph IV of Section I of Article VII of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: All capital improvements of each new manufacturing establishment located in Henry County, Georgia, shall be exempt from all county ad valorem taxes, except for school purposes, for three years from the time of its establishment provided such establishment has capital improvements of $1 million or more. For the purpose of this exemption, the term `manufacturing establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabricating, or changing things into new forms for use or in refining, rectifying, or combining different materials for use. The term `capital improvements' shall mean and include buildings, machinery, and equipment directly connected with the manufacturing process. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to provide that certain capital improvements of new manufacturing establishments shall be exempt from all Henry County ad valorem taxes, except taxes for school purposes, for three years from their establishment? 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 DORAVILLE HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 162 (House Resolution No. 716). A RESOLUTION Proposing an amendment to the Constitution so as to provide for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $50,000.00 from all ad valorem taxes levied and collected by the city; 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 VII, Section I, Paragraph IV of the Constitution is amended by striking the following paragraph: The governing authority of the City of Doraville may grant an exemption from city ad valorem taxes on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such, in an amount to be fixed by the governing authority at not more than $20,000.00 of its value. The governing authority of the city may be ordinance provide the procedures and requirements necessary for the proper administration of this exemption. 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. In such instances, such exemptions shall be granted to such properties, if claimed in the manner required by the city 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 exemption granted by this paragraph in the manner required by the city., in its entirety and inserting in lieu thereof a new paragraph to read as follows: The governing authority of the City of Doraville may grant an exemption from city ad valorem taxes on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such, in an amount to be fixed by the governing authority at not more than $50,000.00 of its value. The governing authority of the city may by ordinance provide the procedures and requirements necessary for the proper administration of this exemption. 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. In such instances, such exempsions shall be granted to such properties, if claimed in the manner required by the city by one or more of the owners actually residing on such property. Such

Page 2612

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 exemption granted by this paragraph in the manner required by the city. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for a homestead exemption for residents of the City of Doraville in an amount to be fixed by the governing authority of the city at not more than $50,000.00 from all ad valorem taxes levied and collected by the city? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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FULTON COUNTY BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 163 (House Resolution No. 718). A RESOLUTION Proposing an amendment to the Constitution so as to authorize, ratify, and affirm the creation by the General Assembly of a building authority of Fulton County; to authorize such authority to enter into certain contracts; to authorize the General Assembly to exempt the obligations, properties, activities, or income of such authority from taxation; to authorize the General Assembly to provide for the validation of any revenue obligation of such authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section VI, Paragraph I of the Constitution is amended by adding at the end thereof the following: The construction, acquisition, and development of such facilities as are deemed necessary for the efficient operation of governmental entities, agencies, and corporations is hereby declared to be a public purpose vital to the welfare of the people of this state and of Fulton County. The General Assembly may create a building authority of Fulton County to promote and further such purposes under such terms as it may deem necessary or appropriate, and the prior creation of said authority is hereby ratified, approved, and affirmed. Such authority may contract for any period not exceeding 50 years, with any person or entity of any kind whatsoever including, but not limited to, this state, or any other state, or the United States or any other nation, or any authority, city, town, municipality, or county of this state or any other state or the United States or any other nation, or any public agency or public corporation or private person or entity (all such persons or entities being collectively referred to hereinafter as the `contracting parties' and each being individually referred to as `contracting party'), for the use by any such contracting party or the residents thereof of any facilities or services of said authority, provided that any such contract shall deal with such activities and

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transactions as such person or entity is authorized to undertake. The General Assembly may exempt from taxation the obligations, properties, activities, or income of said authority and may authorize the issuance of revenue obligations by said authority which shall not constitute an indebtedness of the state within the meaning of Section VII of this article. Any action heretofore taken by the General Assembly to create the authority, to exempt from taxation the obligations, properties, activities, or income of the authority, or to authorize the issuance of revenue obligations by the authority, or any or all of the foregoing, is hereby ratified, approved, and affirmed. Any authority authorized or ratified hereby may be continued in existence by local law or by action of the governing authority of Fulton County in the same manner as is prescribed for the adoption of home rule amendments. The General Assembly may provide for the validation of any revenue obligations authorized, such validation shall thereafter be incontestable and conclusive, and any such action heretofore taken by the General Assembly is hereby ratified and affirmed. 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. 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, ratify, and affirm the creation of a building authority of Fulton County, to authorize said authority to enter into certain contracts, to authorize the exemption of said authority's activities from taxation, and to authorize provisions for validation of its obligations? 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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COBB COUNTY VACANCIES IN OFFICE OF JUSTICE OF THE PEACE. Proposed Amendment to the Constitution. No. 164 (House Resolution No. 730). A RESOLUTION Proposing an amendment to the Constitution so as to provide that a vacancy in the office of a justice of the peace in Cobb County shall not be filled until the next general election after the occurrence of the vacancy; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VI, Section VII, Paragraph III of the Constitution is amended by adding a new paragraph at the end thereof to read as follows: Any other provisions of this Constitution to the contrary notwithstanding, a vacancy in the office of a justice of the peace in Cobb County shall not be filled until the next general election after the occurrence of the vacancy. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that a vacancy in the office of a justice of the peace in Cobb County shall not be filled until the next general election after the occurrence of the vacancy?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. CITY OF AUGUSTA AD VALOREM TAX EXEMPTIONS. Proposed Amendment to the Constitution. No. 165 (House Resolution No. 740). A RESOLUTION Proposing an amendment to the Constitution so as to exempt from City of Augusta ad valorem taxes certain capital improvements of commercial and business establishments; 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 amended by adding immediately before the final paragraph the following: All capital improvements of each new commercial or business establishment located in the City of Augusta shall be exempt from all ad valorem taxes, except taxes to retire bonded debt, levied by the City of Augusta for a period of five years after completion of the improvements if the improvements have a fair market value of $100,000.00 or more. Each addition to the capital improvements of an existing commercial or business establishment located in the City of Augusta shall be exempt from all ad valorem taxes, except taxes to

Page 2617

retire bonded debt, levied by the City of Augusta for a period of five years after completion of the additional improvements if the additional improvements have a fair market value of $100,000.00 or more. The value of each establishment in excess of the amount exempted by this paragraph shall remain subject to taxation. As used in this paragraph, the term `capital improvements' includes buildings, machinery, equipment, and fixtures but does not include land or inventory. This paragraph shall in no way affect any state, county, or school taxes. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to exempt from City of Augusta ad valorem taxes certain capital improvements of commercial and business establishments? 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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HAPEVILLE DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 166 (House Resolution No. 741). A RESOLUTION Proposing an amendment to the Constitution of the State of Georgia so as to create the Hapeville Development Authority; to provide for the powers, authority and duty of such Authority; to authorize the Authority to issue its revenue bonds, and to provide for the method and manner of such issuance and for validation thereof; to authorize the Authority to contract with the City of Hapeville and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Hapeville to contract with the Authority for the use by the City of Hapeville or the residents thereof of any facilities or services of the Authority, and to authorize said city to create special tax districts and to levy taxes and to expend tax monies from said tax districts as well as tax funds of the city and other available funds of the city and to authorize the city to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville; to authorize the establishment of such rules and regulations and procedures as are necessary to accomplish the lawful purpose of said Authority; to provide for submission of this amendment for ratification or rejection; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section IV, Paragraph II of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: HAPEVILLE DEVELOPMENT AUTHORITY 1. Creation. There is hereby created a body, corporate and politic to be known as the Hapeville Development Authority which shall be deemed to be an instrumentality and political subdivision of the State of Georgia and a public corporation thereof and by that

Page 2619

name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity. 2. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining, and operating any public industrial, commercial, business or office projects, buildings and other public facilities, parking lots or garages and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof, and to attain development and promote for the public good, general welfare, trade, commerce, industry and employment opportunities and to promote the general welfare of the community, by creating a climate favorable to the location of new industry, trade and commerce, and the development of existing industry, trade and commerce, and same is vested with authority to ascertain and designate areas it deems proper to be blighted, retarded or slum areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the City of Hapeville; the existence of such areas constitutes substantially and increasingly to the spread of disease, crime and constitutes increasingly an economic and social liability, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing for commercial accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and the prevention and elimination of such areas is a matter of State and local policy and State and local concern in order that the State and its political subdivisions shall not continue to be endangered by areas which are focal centers of economic and social liability, and while contributing little to the tax income of the State and its municipalities, consume an excessive proportion of its revenue because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities; in order to alleviate the aforesaid problems and to accomplish the aforestated purpose, the Authority shall be vested with such powers as are necessary to accomplish same by acquisition, clearance and disposition subject to use restrictions of property, both real and personal, since the prevailing condition of decay may make impractical

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the reclamation of the area by conservation or rehabilitation; some areas or portions thereof may be susceptible to conservation or rehabilitation in such a manner that the conditions and evils hereinabove enumerated may be eliminated or remedied or prevented and to the extent feasible, savable areas should be conserved and rehabilitated through voluntary private action and regulatory processes; and the Authority may do any and all things deemed by such Authority necessary, convenient or desirable for and incident to the efficient proper development and operation thereof. 3. Membership. The Authority shall consist of nine (9) members, one of whom shall be the Mayor of the City of Hapeville, Georgia, or his designated member from the City Council of the City of Hapeville. (a) Qualifications. All persons who have resided within the limits of the City of Hapeville for at least six months shall be eligible for nomination to membership on the Authority. (b) Composition and Appointments. The remaining eight positions for membership in the Authority shall be comprised as follows: The eight positions shall be filled by resolution of the Mayor and Council of Hapeville. The Mayor of the City of Hapeville or his designee shall serve during the term of office for which he was elected. The Chairman of the Authority shall be selected by a majority of its members at the first annual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows: For the initial membership of the Authority, of the eight (8) positions filled by resolution of the Mayor and Council of Hapeville, two positions shall be filled for a one-year term, two positions shall be filled for two-year terms, two positions shall be filled for three-year terms and two positions for a four-year term. Thereafter, upon completion of a term for appointment, each successor shall be appointed for a four-year term and until their successors have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending December 31. The members of the Authority shall enter upon their duties immediately after such appointment. The Authority shall elect one of its members to serve as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer

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which Secretary-Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary-Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, the same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally become a member of the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving. 4. Definitions. As used herein the following words and terms shall have the following meanings: (a) The word `Authority' shall mean the Hapeville Development Authority herein created. (b) The word `Project' shall be deemed to mean and include the acquisition, construction, installation, leasing, furnishing, or equipping of new industrial, commercial, business, office, trade or public facilities or the improvement, modification, renovation, acquisition, expansion, modernization, rehabilitation, leasing, equipping, furnishing, or remodeling of existing industrial, commercial, business, office, trade, or public facilities located or to be located within the City of Hapeville, including, but not limited to: one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing; one or more buildings or structures or property useful or necessary in the transportation of persons or property; one or more buildings or structures or property to be used, maintained and operated as a multi-use coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political

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conventions, agricultural events, theatrical and musical performances and all other public entertainments permitted by law, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants; one or more buildings or structures or property useful or necessary in the accommodations of people, including but without limitation, any hotel, motel, motor inn, lodging house, lodge or any combination thereof; one or more buildings or structures used for any industrial, commercial business, office, public or other use; and parking facilities or parking areas, including but not limited to related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities. (c) The term `cost of project' shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required for such project; financing charges, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering architectural and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the completed project or to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the advance payment of any part of such cost, including the interest thereon at rates to be determined by the Authority, which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revnues to be received in connection with the leasing sale or financing of the project. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any

Page 2623

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. (d) The terms `revenue bonds' and `bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq., as amended) and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for. (e) Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Hapeville or other political subdivision under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project to pay the principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects. 5. Powers. The Authority shall have the powers: (a) To sue and be sued, except as expressly provided for herein; (b) To adopt and alter a corporate seal; (c) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (d) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation, upon the approval of the Mayor and Council of the City of Hapeville, and in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts

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with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (e) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (f) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of Hapeville and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Hapeville is hereby authorized to enter into contracts and related agreements for the use by the City of Hapeville or the residents hereof of any project, structure, building or facility or a combination of two or more projects, structures, buildings or facilities of the Authority for a term not exceeding fifty years; and said City shall be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Hapeville, in order to enable the Authority to pay the principal of and interest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property or facilities so furnished by said Authority;

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(g) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (h) To finance (by loan, grant, lease or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes or other obligations of the Authority or any other funds of the Authority, or from any contributions or loans by persons, corporations, partnerships (limited or general) or other entities, all of which the Authority is hereby authorized to receive and accept and use; (i) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments and such other agreements or instruments as may be necessary or desirable, in the judgment of the Authority, to evidence and to provide security for such borrowing; (j) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (k) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (l) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

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(m) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (n) To do all things necessary or convenient to carry out the powers expressly given hereunder. 6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds, subject to the approval by the Mayor and Council of the City of Hapeville, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. 7. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. 8. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed

Page 2627

thereto and attested by the Secretary-Treasurer of the Authority. Either of such signatures on any coupons may be by facsimile signature of the Chairman and Secretary-Treasurer of the Authority in accordance with the provision of applicable law. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 9. Same; Negotiability. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the Laws of this State, subject to provisions for registration. 10. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. 11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost. 13. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posed, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority. 14. Same; Credit not Pledged and Debt not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Hapeville, nor of the State of Georgia

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or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority. 15. Same; Trust Indentures as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or any other State or the United States to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. 16. To Whom Proceeds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of

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bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide. 17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. 18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such

Page 2630

resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. 19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution, subject to the approval of the Mayor and Council of the City of Hapeville, for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. 20. Venue and Jurisdiciton. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. 21. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as the same may be hereafter amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivisions or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, then validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, authority,

Page 2631

political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority. 22. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. 23. Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fees, tolls and charges on each project or for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the puncutal payment of said bonds, and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made. 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished. 26. Governmental Function. It is hereby declared that the Authority is created for a public purpose and will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder in the development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation or to alleviate traffic congestion in the City of Hapeville and thereby better protect the lives and property of its residents and others using its streets.

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27. Immunity From Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligations to the Authority. 28. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. 29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. 30. Special Tax Districts. The City of Hapeville, shall be empowered and authorized to create special tax districts within the City of Hapeville upon the areas of any projects for redevelopment or development that said Authority may determine, and to levy and collect taxes within said districts based on values of real property fixed by the tax digest of the City of Hapeville to meet, pay for and retire any and all financial obligations of the Authority, its bonds and/or revenue certificates, and may pledge said revenue, and to levy and collect taxes within said districts for the retirement of said financial obligations. No such special taxes shall be levied by the City of Hapeville for any purpose against property used exclusively for residential purposes within any such tax district. 31. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor. 32. General Assembly. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and

Page 2633

prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with any other provisions of this Constitution. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Hapeville as the same now or may hereafter exist. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. 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 Hapeville Development Authority and to provide for the powers, duties, and responsibilities of said Authority; and to authorize the City of Hapeville to contract with said Authority, to create special tax districts and levy taxes therein, and to levy taxes within the municipality and expend the same as payments pursuant to contractual agreements which may arise between the City of Hapeville and 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.

Page 2634

EFFINGHAM COUNTY HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 167 (House Resolution No. 743). A RESOLUTION Proposing an amendment to the Constitution so as to provide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Effingham County School System for all residents of the Effingham County School District who are 65 years of age or over; 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 amended by adding at the end thereof a new paragraph to read as follows: The amount of $2,000.00 of the assessed value of the homestead of each resident of the Effingham County School District who is 65 years of age or over is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of the Effingham County School System, including taxes to retire school bond indebtedness. The homestead exemption provided for herein shall be in addition to, and not in lieu of, any other homestead exemptions applicable to residents of Effingham County or the Effingham County School District. The procedures and requirements provided by law relative to qualifying for and claiming homestead exemptions, which are not in conflict or inconsistent with this paragraph, shall apply to the homestead exemption provided for herein. The provisions of this paragraph shall apply to all taxable years beginning after December 31, 1982. 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.

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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 to provide an additional homestead exemption of $2,000.00 from ad valorem taxes levied for educational purposes by, for, or on behalf of the Effingham County School System for all residents of the Effingham County School District who are 65 years of age or over? 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. SCREVEN COUNTY AD VALOREM TAX EXEMPTIONS. Proposed Amendment to the Constitution. No. 168 (House Resolution No. 746). A RESOLUTION Proposing an amendment to the Constitution so as to provide that certain capital improvements of new manufacturing establishments and certain additions to such capital improvements of manufacturing establishments shall be exempt from certain county, municipal, and school district ad valorem taxes in Screven 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 VII, Section I, Paragraph IV of the Constitution of Georgia is hereby amended by adding immediately before the final paragraph thereof the following: All capital improvements of each new manufacturing establishment located in Screven County, Georgia, shall be exempt from all county, municipal, and school district ad valorem taxes for five years from the time of its construction or placement provided such establishment has capital improvements of $500,000.00 or more. Each addition to the capital improvements of an existing manufacturing establishment located in Screven County, Georgia, shall be exempt from all county, municipal, and school district ad valorem taxes for five years from the time such addition is made if the cost of such addition is $500,000.00 or more. For the purpose of this exemption the term `manufacturing establishment' shall mean and include every person, firm, partnership, or corporation engaged in making, fabricating, or changing things into new forms for use or in refining, rectifying, or combining different materials for use. The term `capital improvements' shall mean and include buildings, machinery, and equipment directly connected with the manufacturing process. This paragraph shall be self-executing and shall not require additional implementing legislation. This paragraph shall not affect state taxes. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to exempt the capital improvements of certain manufacturing establishments in Screven County and certain additions thereto from all county, municipal, and school district ad valorem property taxes for a period of five years following their establishment or addition?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. GLYNN COUNTY ORDINANCES. Proposed Amendment to the Constitution. No. 169 (House Resolution No. 748). A RESOLUTION Proposing an amendment to the Constitution so as to authorize and empower the governing authority of Glynn County to enact ordinances for the governing and policing of said county, to implement and enforce such ordinances, and to provide penalties for the violation of such ordinances; to authorize the enforcement of such ordinances by proceedings in the Superior Court or State Court of Glynn County or in other courts established by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section II, Paragraph I of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: In addition to all other powers provided, permitted, or allowed by law, the governing authority of Glynn County is hereby empowered to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this state or of the United States, for the governing and policing of said county for the purpose of

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protecting and preserving the health, safety, welfare, and morals of the citizens of Glynn County; to implement and enforce such ordinances; and to prescribe minimum and maximum penalties or punishment for the violation of such ordinances, so that such violation, upon conviction, shall be punishable as for a misdemeanor unless the ordinance shall provide for a lesser penalty. The Superior Court of Glynn County, the State Court of Glynn County, or other courts established by the General Assembly with jurisdiction in Glynn County shall be empowered to hear and determine cases involving violations of county ordinances adopted pursuant to this paragraph, shall have authority to inflict punishment or penalties for the violation of such ordinances, and shall have such other powers as may be provided by law, including civil actions to enforce such ordinances. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize and empower the governing authority of Glynn County to enact ordinances for the governing and policing of said county, to implement and enforce such ordinances, and to provide penalties for the violation of such ordinances; and to authorize the enforcement of such ordinances by proceedings in the Superior Court or State Court of Glynn County or in other courts established by the General Assembly? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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RICHMOND COUNTY MERIT SYSTEM FOR SHERIFF'S EMPLOYEES. Proposed Amendment to the Constitution. No. 170 (House Resolution No. 751). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to create, by local law, a merit system of employment for employees of the sheriff in 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 IX, Section V, Paragraph II of the Constitution is amended by adding at the end thereof the following: Notwithstanding any other provision of this Constitution, the General Assembly is authorized to create, by local law, a merit system of employment for all or some of the employees of the sheriff of Richmond County who are paid in whole or in part by county funds. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to create, by local law, a merit system of employment for all or some of the employees of the sheriff in Richmond County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. NEWTON COUNTY HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 171 (House Resolution No. 753). A RESOLUTION Proposing an amendment to the Constitution so as to change the provisions relating to homestead exemptions for residents of Newton County so that each resident shall receive a $4,000.00 exemption from county and school ad valorem taxes and certain elderly and disabled residents may receive a $10,000.00 exemption and so as to provide a 1 percent sales and use tax for the Newton County School District and a corresponding limit on ad valorem taxes for the school district; 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 amended by striking all language added by the amendment set out at Ga. L. 1980, p. 2172, by striking all language added by the amendment set out at Ga. L. 1980, p. 2187, and by adding at the end of the paragraph the following new paragraph: With respect to Newton County and Newton County School District ad valorem taxes, residents of Newton County shall not be entitled to the homestead exemptions granted by the other paragraphs of this Paragraph IV, except that a disabled veteran may be entitled to the homestead exemption granted especially to disabled veterans. The exemptions specified in this paragraph shall apply to Newton County and Newton County School District taxes but shall

Page 2641

not affect any other taxes. Four thousand dollars of the assessed value of the homestead of each resident of Newton County shall be exempt from all such county and school district taxes, except taxes to retire bonded indebtedness. In addition to said exemption, $10,000.00 of the assessed value of the homestead of each resident of Newton County who is sixty-two years of age or over or disabled shall be exempt from all such county and school district taxes, including taxes to retire bonded indebtedness, if his or her income does not exceed $10,000.00 for the immediately preceding year. For purposes of this paragraph, the term `income' means federal adjusted gross income of the taxpayer and his or her spouse except that the term `income' shall not include federal social security benefits or other retirement, survivor, or disability benefits except those which are in excess of the maximum amount authorized to be received by an individual and his or her spouse under the federal social security law. For purposes of this paragraph, the term `disabled' means that a person is permanently mentally or physically incapacitated to the extent that he or she is unable to be gainfully employed. This paragraph is self-executing, but the General Assembly shall have full authority to pass local legislation relating to the implementation of this paragraph. This paragraph shall apply to all taxable years beginning on or after January 1, 1983. Section 2. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: The Board of Education of the Newton County School District shall impose, levy, and collect a sales and use tax for educational purposes of that school district. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipality sales and use tax. The ad valorem tax millage rate limitation applicable to the Newton County School District under this Section VII of the Constitution shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within the Newton County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. The Newton County School District shall also comply with the provisions of Code Section 48-8-91 as if the Newton

Page 2642

County School District were a county or municipality within the meaning of that Code section and as if the tax provided for herein were levied pursuant to Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Newton County and those municipalities located therein from continuing to impose as an additional tax that joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. The Newton County School District is authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this paragraph. The tax authorized by this paragraph may be imposed, levied, and collected as provided herein without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to change the provisions relating to homestead exemptions for residents of Newton County so that each resident shall receive a $4,000.00 exemption from county and school ad valorem taxes and certain elderly and disabled residents may receive a $10,000.00 exemption and so as to provide a 1 percent sales and use tax for the Newton County School District and a corresponding limit on ad valorem taxes for the 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. MITCHELL COUNTY SCHOOL DISTRICT AND PELHAM INDEPENDENT SCHOOL DISTRICT SALES TAX FOR EDUCATIONAL PURPOSES. Proposed Amendment to the Constitution. No. 172 (House Resolution No. 758). A RESOLUTION Proposing an amendment to the Constitution so as to require the boards of education of the Mitchell County School District and the Pelham Independent School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rate levied by such school districts to take into account the proceeds received from the sales and use tax by each school district the preceding year; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: The Board of Education of the Mitchell County School District and the Board of Education of the Pelham Independent School District shall by concurrent resolutions impose, levy, and collect a

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sales and use tax for educational purposes of said school districts. This tax shall be at the rate of 1 percent, but in all other respects, except as otherwise provided in this paragraph, shall correspond to the tax provided for by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipality sales and use tax. The ad valorem tax millage rate limitation applicable to the Mitchell County School District under this Section VII of the Constitution and any ad valorem tax millage rate limitation now or hereafter applicable to the Pelham Independent School District shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within each school district, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately preceding taxable year. Said school districts shall also comply with the provisions of Code Section 48-8-91 as if they were counties or municipalities within the meaning of that Code section and as if the tax provided for herein were levied pursuant to Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. No referendum shall be required for the imposition of this tax. Nothing in this paragraph shall prohibit Mitchell County and those municipalities located therein from imposing as an additional tax that joint county and municipality sales and use tax authorized by Article 2, Chapter 8, Title 48 of the Official Code of Georgia Annotated. The two school districts are authorized to contract or otherwise provide for the collection and administration of the tax required to be imposed under this paragraph. The net proceeds of the tax shall be distributed between the Mitchell County School District and the Pelham Independent School District according to the ratio the population in each school district bears to the total population of Mitchell County or upon such other formula for distribution as may be determined by local law. The tax authorized by this paragraph may be imposed, levied, and collected as provided herein without further action by the General Assembly, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to further define and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law.

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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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to require the boards of education of the Mitchell County School District and the Pelham Independent School District to impose, levy, and collect a 1 percent sales and use tax for educational purposes and to adjust millage rate limitations upon and the millage rates levied by such school districts to take into account the proceeds received from the sales and use tax by each school district the preceding 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. FULTON COUNTY-CITY OF ATLANTA AD VALOREM TAX EXEMPTIONS. Proposed Amendment to the Constitution. No. 173 (House Resolution No. 774). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law that exemptions from

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ad valorem taxation by Fulton County and the City of Atlanta for inventories of certain goods may apply within urban enterprise zones established by the governing body of the City of Atlanta; 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 amended by adding immediately following that paragraph thereof which reads as follows: 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., a new paragraph to read as follows: For the purposes of ad valorem taxation by Fulton County and the City of Atlanta, including ad valorem taxes for educational purposes but excluding ad valorem taxes for state purposes, the General Assembly may provide by local law that the exemptions applicable to inventories of certain goods, as provided for in the foregoing provisions of this Constitution, may apply within urban enterprise zones established by the governing body of the City of Atlanta, and in connection therewith, the General Assembly may classify different types of goods subject to such exemptions and may vary the rate or amount of such exemptions from one such classification to another within and without such urban enterprise zones. 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.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by local law that exemptions from ad valorem taxation by Fulton County and the City of Atlanta for inventories of certain goods may apply within urban enterprise zones established by the governing body of the City of Atlanta? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. FULTON COUNTY-CITY OF ATLANTA AD VALOREM TAXES ON PROPERTY LOCATED IN URBAN ENTERPRISE ZONES. Proposed Amendment to the Constitution. No. 174 (House Resolution No. 775). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly may enact legislation treating real property located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class of property in Fulton County and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes; to provide for 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 VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end of said section a new paragraph to read as follows: Notwithstanding anything to the contrary contained in this paragraph, the General Assembly shall be authorized to enact legislation treating any or all real property located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class or classes of property from other tangible property located in Fulton County and the City of Atlanta for the purposes of ad valorem taxes levied for city and county purposes, and to adopt different rates, methods, or assessment dates for the taxation of such property. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the General Assembly may enact legislation treating real property located in an urban enterprise zone as designated by the governing body of the City of Atlanta as a separate class of property in Fulton County and the City of Atlanta for the purposes of ad valorem taxes levied for city and 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.

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LOWNDES COUNTY STREET IMPROVEMENT BONDS. Proposed Amendment to the Constitution. No. 175 (House Resolution No. 777). A RESOLUTION Proposing an amendment to the Constitution to authorize Lowndes County to issue and sell street improvement bonds; to authorize use of the proceeds of such bonds to pay, or to provide for the reimbursement of, all or any part of the cost of acquiring, constructing and improving streets, roads, avenues, alleys and lanes, or any part thereof, including curbing, guttering, drainage, streetlights and sidewalks, and of grading, paving, repaving, resurfacing, macadamizing, maintaining, repairing or otherwise improving the same and to pay the costs of issuing such bonds; to authorize issuance of said bonds without the assent of a majority of the qualified voters at an election called thereon; to provide that the principal of and interest on such bonds shall be payable solely from the assessments levied on the property which abuts such improvements; to provide that the bonds shall not be deemed to constitute a debt of the State of Georgia or any county (including Lowndes County), municipal corporation or political subdivision thereof within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia; to provide that there shall be no limitation with respect to the interest rate that such bonds bear; to provide for the validation of the bonds; to provide an exemption from taxation for the interest on such bonds; 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, relating to the debts of counties and cities, shall be and the same is hereby amended by adding at the end thereof the following: Provided, that Lowndes County is hereby authorized to issue and sell street improvement bonds and to use the proceeds thereof to pay, or to provide for the reimbursement of, all or any part of the cost of acquiring, constructing and improving streets, roads, avenues, alleys

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and lanes, or any part thereof, including curbing, guttering, drainage, streetlights and sidewalks, and of grading, paving, repaving, resurfacing, macadamizing, maintaining, repairing or otherwise improving the same, all in accordance with provisions set forth below. In determining the cost of any such improvements, the Board may include all costs of the issuance of said bonds; all engineering, inspection, fiscal advisor and legal expenses; interest which it is estimated will accrue on the bonds during the construction period and for six months thereafter; and an amount, not in excess of 15 percent of the total principal amount of each such bond issue, to establish a debt service reserve for the payment of principal of and interest on such bonds. Such bonds may be issued without the assent of a majority of the qualified voters of Lowndes County at an election called therefor, but only upon the affirmative vote of majority of the members of the Board of Commissioners of Lowndes County (the `Board') whenever in the Board's judgment the public convenience and welfare may require such improvements. The principal of, premium, if any, and interest on each issue of such bonds shall be payable solely from and shall not exceed the aggregate amount assessed by the Board upon the property which abuts the improvements acquired or constructed with the proceeds of such issue. Such bonds shall not be deemed to constitute an indebtedness or obligation of the State of Georgia or any county (including Lowndes County), municipal corporation or political subdivision thereof within the meaning of Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia. All such bonds shall be payable solely from the assessments pledged to such payment, and no holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of the State or any county (including Lowndes County), municipal corporation or political subdivision thereof nor to enforce the payment thereof against any property of the State or any such county, municipal corporation or political subdivision, other than the assessments pledged to the payment thereof. Such bonds shall bear such date or dates, shall mature at such time or times (not exceeding 40 years from the date thereof), shall bear interest at such rate or rates (which may be fixed or may fluctuate or otherwise change from time-to-time), shall be subject to redemption on such terms and shall contain such other terms, provisions,

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covenants and conditions as the resolution authorizing the issuance thereof may permit or provide, and any limitations with respect to interest rates or any maximum interest rate or rates found in the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, the usury laws of the State of Georgia or any other laws of the State of Georgia shall not apply to such bonds. Such bonds shall on the face thereof recite the streets, roads, avenues, alleys and lanes, or parts thereof, for the improvement of which they have been issued and that they are payable solely from the assessments levied upon the property which abuts such improvements. Such bonds may be issued in coupon or registered form, or both, as the Board may determine, and the Board may make provisions for the registration of any coupon bonds as to principal alone or as to both principal and interest. The Board may prescribe the form of such bonds and any coupons which may be used in conjunction therewith. The Board may determine the denomination of the bonds, the terms and conditions of their redemption (whether optional or mandatory) before maturity, and the medium and the place of payment of principal and interest, which may be at any bank or trust company within or without the State of Georgia. All of such bonds shall bear the manual or facsimile signature of the Chairman or Vice Chairman of the Board, attested by the manual or facsimile signature of the Secretary or Assistant Secretary thereof, provided that at least one of such signatures shall be manual, and shall have the seal of Lowndes County impressed or imprinted thereon. Any coupons attached thereto shall bear the facsimile signature of the Secretary or Assistant Secretary of the Board. When such bonds or coupons bear the manual or facsimile signature of an officer of the Board, such signature shall remain valid and effective for its original intent and purpose notwithstanding that prior to delivery the signer thereof may have ceased to hold the office indicated. Such bonds shall have all of the qualities and incidents of negotiable instruments under the laws of this State and are hereby declared to be issued for an essential public and governmental purpose, and the interest on such bonds shall be exempt from taxation within this State. The Board may provide for the issuance of any refunding bonds for the purpose of refunding any bonds issued under the provisions

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hereof and then outstanding, together with the accrued interest and premium, if any, thereon. The issuance of such refunding bonds, the maturities and all other terms and provisions thereof and the rights of the holders thereof shall be governed by the foregoing provisions insofar as the same may be applicable. Bonds issued hereunder shall be confirmed and validated, insofar as applicable, in accordance with the provisions of the Revenue Bond Law, as now or hereafter amended. In lieu of specifying the rate or rates of interest which such bonds are to bear, the notice to the District Attorney or Attorney General and the notice to the public of the time, place and date of the validation hearing may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or that in the event the bonds are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained herein shall be construed as prohibiting or restricting the right of Lowndes County to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices. The petition filed by the District Attorney or the Attorney General, as the case may be, need not set forth the amount of principal and interest to be paid annually or when the bonds will be paid in full. The judgment of validation shall be final and conclusive with respect to such bonds and the security therefor, and each bond issued hereunder shall bear a certificate of validation, executed by the manual or facsimile signature of the Clerk of the Superior Court of Lowndes County, stating the date on which such bonds were validated. Such bonds may be issued without regard to the amount of any outstanding debts or bonds of Lowndes County. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to authorize Lowndes County to issue street improvement bonds for the purpose of financing the costs of acquiring, constructing and improving streets, such bonds to be payable solely from the assessments on the property which abuts the improvements acquired or constructed with the proceeds thereof? 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 BAXLEY HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 176 (House Resolution No. 780). A RESOLUTION Proposing an amendment to the Constitution, so as to authorize a homestead exemption for residents of the City of Baxley in an amount to be fixed by the governing authority of the city at not more than $15,000.00 from all City of Baxley ad valorem taxes; 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 VII, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of the City of Baxley is hereby authorized to grant an exemption from all city ad valorem taxes in an amount to be fixed by the governing authority at not more than $15,000.00 on a homestead owned and occupied by a resident of the city as a residence and homestead, and only so long as actually occupied by the owner primarily as such. The value of the residence in excess of the amount so exempted shall remain subject to taxation. Any such resident shall not receive the benefits of such homestead exemption unless he or his agent provides the governing authority of the city, or a person designated by the governing authority, with an affidavit stating that he is a resident and that such property is his homestead and residence and containing such additional information as will enable the governing authority to make a determination as to whether such person is entitled to such exemption. The governing authority shall provide the necessary forms for such purpose. After any such person has filed the proper affidavit and has been allowed the exemption provided herein, it shall not be necessary that he make application and file said affidavit thereafter for any subsequent year, and the said exemption shall continue to be allowed to such person. It shall be the duty of such person to notify the governing authority in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The homestead exemption provided for herein shall not be granted nor amount fixed within the limits prescribed herein for any year until the governing authority of the city provides by ordinance for the granting of such exemption and the amount thereof. The governing authority of the city may provide by ordinance for the proper administration of this exemption. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to authorize a homestead exemption for residents of the City of Baxley in an amount to be fixed by the governing authority of the city at not more than $15,000.00 from all City of Baxley ad valorem taxes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. WALTON COUNTY BUSINESS LICENSES. Proposed Amendment to the Constitution. No. 177 (House Resolution No. 787). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Walton 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 Walton 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:

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The Board of Commissioners of Walton 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 Part 1 of Article 1, Article 3, and Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, 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 Walton County, the governing authority of said county is further authorized and empowered to regulate and exercise policy powers over any businesses operated or conducted within the unincorporated areas of said county, except those businesses regulated by the Public Service Commission and those corporations organized under Part 1 of Article 1, Article 3, and Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, 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 Walton 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. 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 Walton 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 Walton County?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. DeKALB COUNTY HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 178 (House Resolution No. 789). A RESOLUTION Proposing an amendment to the Constitution so as to change the amount of homestead exemption granted to residents of DeKalb County from DeKalb County and DeKalb County school district taxes to $10,000.00; 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 amended by striking therefrom all language added by a constitutional amendment set out at Ga. L. 1978, p. 2519, and inserting in lieu thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, each resident of DeKalb County is granted an exemption from all DeKalb County and DeKalb County school district and valorem taxes in the amount of $10,000.00 of the assessed value of the homestead owned and occupied by him within DeKalb County. For the purpose of DeKalb County and DeKalb County school district ad valorem taxes, the homestead exemption granted herein shall be in lieu of the basic homestead exemption of $2,000.00 granted by this

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Constitution; and the provisions of law relating to such basic homestead exemption shall comply to the homestead exemption granted by this paragraph, except as to amount. Except for such basic homestead exemption of $2,000.00, the homestead exemption granted by this paragraph shall be in addition to and cumulative of any other homestead exemption. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. 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 amount of homestead exemption granted to residents of DeKalb County from DeKalb County and DeKalb County school district taxes to $10,000.00? 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.

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DeKALB COUNTY HOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 179 (House Resolution No. 793). A RESOLUTION Proposing an amendment to the Constitution so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on $20,000.00 of the value of the homestead owned and occupied by such resident; 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 amended by striking therefrom that paragraph which reads as follows: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the DeKalb County School District who is 62 years of age or over or who is disabled is hereby granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse and all other members of his family who also reside at and occupy such homestead, does not exceed $8,000.00 for the immediately preceding taxable year. Such adjusted gross income, as used herein, shall not include any Federal old-age, survivors or disability insurance benefits or any benefits under the Federal Railroad Retirement Act. Except for said Federal old-age, survivors or disability insurance benefits and benefits under said Federal Railroad Retirement Act, adjusted gross income, as used herein, shall include benefits received under a retirement or pension fund when such benefits are based on contributions made thereto by

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such resident or his spouse. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners of the Code of Georgia, as now or hereafter amended, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent acting in behalf of such resident, files an affidavit with the Tax Commissioner of DeKalb County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead exemption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1978., and substituting in lieu thereof the following paragraph: Any other provisions of this Constitution to the contrary notwithstanding, each resident of the DeKalb County School District

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who is 62 years of age or over or who is disabled is granted an exemption from all DeKalb County School District ad valorem taxes on the full value of his homestead owned and occupied by him as a residence if his adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse and all other members of his family who also reside at and occupy such homestead, does not exceed $8,000.00 for the immediately preceding taxable year and if the adjusted gross income of each such resident does not exceed $16,000.00 for the immediately preceding taxable year, each such resident is granted an exemption from all DeKalb County School District ad valorem taxes on $20,000.00 of the value of such homestead. Such adjusted gross income, as used herein, shall include any Federal old-age, survivors or disability insurance benefits or any benefits under the Federal Railroad Retirement Act and benefits received under a retirement or pension fund when such benefits are based on contributions made thereto by such resident or his spouse. In order to qualify for the exemption provided for herein as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relative to medical practitioners, certifying that in the opinion of such physician, or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Any such resident of the DeKalb County School District shall not receive the benefits of the homestead exemption provided for herein unless he, or an agent acting in behalf of such resident, files an affidavit with the Tax Commissioner of DeKalb County, giving his age, or if disabled, the certificate or certificates provided for herein, and the amount of income which he and his spouse and other members of his family occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit and certificate or certificates if disabled, as provided

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above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit and certificate thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the DeKalb County School District who has claimed the homestead exemption provided for herein to notify the Tax Commissioner in the event he becomes ineligible for any reason to receive such homestead exemption. The General Assembly may provide by law for the proper administration of this exemption, including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1982. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that each resident of the DeKalb County School District who is 62 years of age or over or who is disabled and whose gross income, together with the gross income of the spouse and all members of the family who reside at and occupy the homestead of such resident, does not exceed $16,000.00 per annum shall be granted an exemption from all DeKalb County School District ad valorem taxes on $20,000.00 of the value of the homestead owned and occupied by such resident? 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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COLQUITT COUNTY TAX FOR EMERGENCY MEDICAL SERVICES. Proposed Amendment to the Constitution. No. 180 (House Resolution No. 813). A RESOLUTION Proposing an amendment to the Constitution so as to require the tax commissioner of Colquitt County to collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official and to require the revenue derived from the collection of such fee to be used to fund emergency medical services in Colquitt 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. Paragraph II of Section V of Article IX of the Constitution is amended by adding at the end thereof a new paragraph to read as follows: Notwithstanding any provision of the Constitution or any general law, in addition to the fee for issuing motor vehicle license tags and annual renewal decals established by law, the tax commissioner of Colquitt County shall collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official. The revenue derived from this additional fee shall be paid into the general fund of Colquitt County but shall be used exclusively to fund emergency medical services in Colquitt County. This shall not limit the governing authority of Colquitt County from appropriating such additional funds for emergency medical services as it shall deem necessary. 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. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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() YES () NO Shall the Constitution be amended so as to require the tax commissioner of Colquitt County to collect an additional fee of $1.00 for every motor vehicle license tag or annual renewal decal issued by such official and to require the revenue derived from the collection of such fee to be used to fund emergency medical services in Colquitt 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. PULASKI COUNTY ELECTION OF MEMBERS OF BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 181 (House Resolution No. 816). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Pulaski County from education districts and to provide for other matters relative thereto; 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. Paragraph II of Section V of Article VIII of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: Pulaski County Board of Education. (1) The Board of Education of Pulaski County shall be composed of seven members who shall be elected as provided in this paragraph. (2) For the purpose of electing the members of said board of education, Pulaski County shall be divided into seven education districts as follows: District No. 1 Pulaski County Tract 9901 Blocks 101 through 104, 109, 117, 118, 161, 162, 201 through 233, 235, 237, and 408 District No. 2 Pulaski County Tract 9901 Blocks 304, 305, 308, 403 through 407, 409 through 417, 419 through 429, and 431 District No. 3 Pulaski County Tract 9901 Blocks 301 through 303, 306, 307, 309 through 334, 337 through 339, 341 through 343, 346, 347, 401, 402, 418, 430, 432, 433, 526, 527, and 530 through 533 District No. 4 Pulaski County

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Tract 9901 Blocks 236, 238 through 243, 245 through 251, 257, 503 through 507, 509 through 519, and 539 through 552 District No. 5 Pulaski County Tract 9901 Block Groups 6 and 7 District No. 6 Pulaski County Tract 9901 Blocks 244, 252 through 256, 258, 259, 335, 336, 344, 345, 501, 502, 520 through 525, 528, 529, 534 through 538, 553 through 557, and 559 through 566 District No. 7 Pulaski County Tract 9901 Blocks 105 through 108, 110 through 116, 119 through 160, and 163 through 171 For the purposes of this paragraph: (A) The terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia. (B) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (C) Any part of Pulaski County which is not included in any district described in this paragraph shall be included within that district contiguous to such part which contains the least population

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according to the United States decennial census of 1980 for the State of Georgia. (3) Each member of the board of education shall be a resident of the respective education district during the member's term of office, and a candidate for membership on said board shall have been a resident of the education district for which the candidate offers for election at least one year prior to the date of election. Each person offering for election as a member of said board shall specify the education district for which the person is offering. Each member of the board shall be elected by a majority vote of the qualified voters voting within each respective district. All members of the board shall be nominated and elected in accordance with the provisions of the general election laws of this state. (4) (A) The first members of the board elected from Districts 3, 4, and 7 shall be nominated and elected at the primary and general elections held in 1984. The members elected in 1984 shall take office on the first day of January, 1985, and shall serve for terms of six years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following the election for terms of six years and until their successors are elected and qualified. The members elected from Districts 3, 4, and 7 shall be the successors to the two appointed incumbent members of the heretofore existing board of education whose terms of office are scheduled to expire on April 15, 1983, and the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on April 15, 1984. The terms of office of these three appointed members shall be extended until December 31, 1984, and until their successors are elected and qualified as provided in this part. (B) The first members of the board elected from Districts 2, 5, and 6 shall be nominated and elected at the primary and general elections held in 1986. The members elected in 1986 shall take office on the first day of January, 1987, and shall serve for terms of six years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following

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the election for terms of six years and until their successors are elected and qualified. The members elected from Districts 2, 5, and 6 shall be the successors to the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on April 15, 1985, and the two appointed incumbent members of the heretofore existing board of education whose terms of office are scheduled to expire on April 15, 1986. The terms of office of these three appointed members shall be extended until December 31, 1986, and until their successors are elected and qualified as provided in this part. (C) The first member of the board of education elected from District 1 shall be nominated and elected at the primary and general elections held in 1988. The member elected in 1988 shall take office on the first day of January, 1989, and shall serve for a term of six years and until his successor is elected and qualified. Thereafter, his successor shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of six years and until his successor is elected and qualified. The member elected from District 1 shall be the successor to the one appointed incumbent member of the heretofore existing board of education whose term is scheduled to expire April 15, 1987. The term of office of such appointment member shall be extended until December 31, 1988, and until his successor is elected and qualified as provided in this part. (5) From the period January 1, 1983, until December 31, 1984, the board of education shall consist of the seven appointed incumbent members of the heretofore existing board. From the period January 1, 1985, until December 31, 1988, the board of education shall consist of the members elected pursuant to subparagraph (4) and those appointed incumbent members provided for in subparagraph (4). On and after January 1, 1989, the board of education shall consist of members elected pursuant to this paragraph. (6) A vacancy which occurs in the membership of the board by death, resignation, removal from the education district, or for any other reason shall be filled by the remaining members of the board electing a successor to serve for the unexpired term. A person elected by the board to fill a vacancy shall meet the residency requirements for the education district wherein the vacancy occurred.

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(7) The Board of Education of Pulaski County provided for by this paragraph shall be subject to all constitutional and statutory provisions of this state relative to county boards of education and the members thereof, except as otherwise provided by this paragraph. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for the election of the members of the Board of Education of Pulaski County from education districts and to provide for other matters relative thereto? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. BLECKLEY COUNTY ELECTION OF MEMBERS OF BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 182 (House Resolution No. 817). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Bleckley

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County from education districts and to provide for other matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Paragraph II of Section V of Article VIII of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: Bleckley County Board of Education. (1) The Board of Education of Bleckley County shall be composed of five members who shall be elected as provided in this paragraph. (2) For the purpose of electing the members of said board of education, Bleckley County shall be divided into five education districts as follows: District No. 1 Bleckley County Tract 9901 Block 355 Block Group 4 Blocks 521, 522, 524 through 527, 531 through 533, 537 through 539, 602 through 613, and 622 Block Group 7 Tract 9902 Blocks 308, 310 through 317, 326 through 336, 343 through 349, 352 through 355, and 533 through 546

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District No. 2 Bleckley County Tract 9901 Blocks 501 through 520, 523, 528 through 530, 534 through 536, 540, 541, 601, 614 through 621, and 623 through 627 Tract 9902 Blocks 225, 401 through 411, 416, 418, 433 through 435, and 506 District No. 3 Bleckley County Tract 9902 Blocks 202 through 204, 209 through 213, 224, 228, 245, 413 through 415, 417, 420 through 432, 436 through 445, 501 through 505, 507 through 532, and 547 District No. 4 Bleckley County Tract 9902 Block Group 1 Blocks 201, 205 through 208, 214 through 223, 229 through 244, 301 through 307, 318 through 325, 337 through 342, 350, and 351 District No. 5 Bleckley County Tract 9901 Block Groups 1 and 2 Blocks 301 through 354 and 356 through 367 For the purposes of this paragraph: (A) The terms `Tract' or `Census Tract,' `Block Group,' and `Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.

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(B) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia. (C) Any part of Bleckley County which is not included in any district described in this paragraph shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia. (3) Each member of the board of education shall be a resident of the respective education district during the member's term of office, and a candidate for membership on said board shall have been a resident of the education district for which the candidate offers for election at least one year prior to the date of election. Each person offering for election as a member of said board shall specify the education district for which the person is offering. Each member of the board shall be elected by a majority vote of the qualified voters voting within each respective district. All members of the board shall be nominated and elected in accordance with the provisions of the general election laws of this state. (4) (A) The first members of the board elected from Districts 1 and 3 shall be nominated and elected at the primary and general elections held in 1984. The members elected in 1984 shall take office on the first day of January, 1985, and shall serve for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following the election for terms of four years and until their successors are elected and qualified. The members elected from Districts 1 and 3 shall be the successors to the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on March 5, 1983, and the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on March 7, 1984. The terms of office of these two appointed members shall be extended until December 31, 1984, and until their successors are elected and qualified as provided in this part.

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(B) The first members of the board elected from Districts 4 and 5 shall be nominated and elected at the primary and general elections held in 1986. The members elected in 1986 shall take office on the first day of January, 1987, and shall serve for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following the election for terms of four years and until their successors are elected and qualified. The members elected from Districts 4 and 5 shall be the successors to the one appointed incumbent member of the heretofore existing board of education whose term of office is scheduled to expire on March 5, 1985, and the one appointed incumbent member of the heretofore existing board of education whose terms of office is scheduled to expire on March 4, 1986. The terms of office of these two appointed members shall be extended until December 31, 1986, and until their successors are elected and qualified as provided in this part. (C) The first member of the board of education elected from District 2 shall be nominated and elected at the primary and general elections held in 1988. This member elected in 1988 shall take office on the first day of January, 1989, and shall serve for a term of four years and until his successor is elected and qualified. Thereafter, his successor shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years and until his successor is elected and qualified. The member elected from District 2 shall be the successor to the one appointed incumbent member of the heretofore existing board of education whose term is scheduled to expire March 5, 1987. The term of office of such appointed member shall be extended until December 31, 1988, and until his successor is elected and qualified as provided in this part. (5) From the period January 1, 1983, until December 31, 1984, the board of education shall consist of the five appointed incumbent members of the heretofore existing board. From the period January 1, 1985, until December 31, 1988, the board of education shall consist of the members elected pursuant to subparagraph (4) and those appointed incumbent members provided for in subparagraph (4). On and after January 1, 1989, the board of education shall consist of members elected pursuant to this paragraph.

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(6) A vacancy which occurs in the membership of the board by death, resignation, removal from the education district, or for any other reason shall be filled by the remaining members of the board electing a successor to serve for the unexpired term. A person elected by the board to fill a vacancy shall meet the residency requirements for the education district wherein the vacancy occurred. (7) The Board of Education of Bleckley County provided for by this paragraph shall be subject to all constitutional and statutory provisions of this state relative to county boards of education and the members thereof, except as otherwise provided by this paragraph. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for the election of the members of the Board of Education of Bleckley County from education districts and to provide for other matters relative thereto? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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CHATTOOGA COUNTY SCHOOL DISTRICT AND TRION INDEPENDENT SCHOOL DISTRICT SALES TAX FOR EDUCATIONAL PURPOSES. Proposed Amendment to the Constitution. No. 183 (House Resolution No. 822). A RESOLUTION Proposing an amendment to the Constitution, so as to allocate to the Chattooga County School District and to the City of Trion for the use of the Trion Independent School District the proceeds of any local sales and use tax levied within Chattooga County and so as to provide for corresponding ad valorem tax adjustments; 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 VIII, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof a new undesignated paragraph to read as follows: Subject to such conditions and limitations as the General Assembly may provide by local law, the net proceeds of any sales and use tax levied within Chattooga County, regardless of by whom the tax is levied, shall be divided between the Chattooga County School District and the City of Trion for the use of the Trion Independent School District. The net proceeds of the tax shall be distributed between the Chattooga County School District and the City of Trion for the use of the Trion Independent School District according to the ratio the population in each school district bears to the total population of Chattooga County or upon such other formula for distribution as may be determined by local law. The ad valorem tax millage rate limitation applicable to the Chattooga County School District under this Section VII of the Constitution and any ad valorem tax millage rate limitation now or hereafter applicable to the Trion Independent School District shall be reduced for every taxable year beginning on or after January 1, 1984, by a millage rate which, if levied against property taxable for educational purposes within each school district, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by that school district in the immediately

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preceding taxable year. Said school districts and the City of Trion on behalf of the Trion Independent School District shall also with respect to ad valorem taxes levied by them comply with the provisions of Code Section 48-8-91 as if they were counties or municipalities within the meaning of that Code section. The provisions of this paragraph are self-executing, but the General Assembly shall be authorized by local law to control the subject matter of this paragraph and to define further and implement its provisions. This authority may be exercised by the General Assembly notwithstanding any general law heretofore or hereafter enacted dealing with the subject matter of this paragraph and any local law adopted pursuant to the authority of this paragraph shall control that subject matter notwithstanding the provisions of any conflicting general law. Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. 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 allocated to the Chattooga County School District and to the City of Trion for the use of the Trion Independent School District the proceeds of any local sales and use tax levied within Chattooga County and so as to provide for corresponding ad valorem tax adjustments? 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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SPALDING COUNTY SALES TAX TO FINANCE PUBLIC FACILITIES, ETC. Proposed Amendment to the Constitution. No. 184 (House Resolution No. 823). A RESOLUTION Proposing an amendment to the Constitution so as to declare the construction of certain public facilities in Spalding County to be an essential governmental function; to authorize Spalding County to levy a one percent retail sales and use tax on sales and uses within the County to provide funds for the financing of such public facilities; to authorize Spalding County and the Griffin-Spalding County School System to issue general obligation bonds without a referendum election under certain conditions; to provide for the submission of this proposed amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article IX, Section V, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: The construction of certain public facilities in Spalding County is an essential governmental function and a public purpose for which the power of taxation may be exercised and public funds may be expended. In furtherance of the achievement of such public purposes, the County is hereby authorized, from and after the effective date for the tax herein imposed and established by the General Assembly, to levy a retail sales and use tax upon the retail purchase, retail sale, rental, storage, use or consumption of tangible personal property, and upon the services described and set forth in the Georgia Retailers' and Consumers' Sales and Use Tax Act, on sales, uses and services rendered within the geographical area of the County. The tax imposed shall correspond, so far as is practicable, except as to rate, with the tax imposed by the State Sales and Use Tax Act. The tax when levied shall be at the rate of one percent and shall be added to the tax collected pursuant to the State Sales Tax Act. The proceeds

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of the tax herein imposed shall be used solely to acquire, build, equip, finance or lease public facilities. The imposition of said tax and its collection by the County for the aforesaid uses are hereby declared essential to the achievement of the public purpose mentioned herein. The right to levy a retail sales and use tax as created by this amendment shall not terminate until all debt issued pursuant to Section 2 hereof to which said tax has been pledged as security has been retired or refunded. The General Assembly may be enactment prescribe such other rules as may be necessary for the collection and administration of said tax and the distribution of the funds collected pursuant thereto. The funds collected pursuant to the tax herein imposed shall be used to achieve the public purpose mentioned herein under such terms and conditions as the General Assembly may be enactment prescribe. Section 2. Article IX, Section VII, Paragraph I of the Constitution is amended by adding at the end thereof the following: provided, however, Spalding County and Griffin-Spalding County School System may issue sales and use tax bonds payable solely from and secured solely by the proceeds of the tax imposed pursuant to Section 1 hereof for jail facilities and courthouse and administrative facilities for Spalding County and for a high school and appurtenant facilities for the Griffin-Spalding County School System, including but not limited to the cost of acquiring land, buildings and equipment, property both real and personal, and all incidental costs and expenses related thereto, without submitting the issuance thereof to the voters of said County or said School District at a referendum, subject to the following restrictions and limitations: a. Not more than seventeen million three hundred thousand dollars ($17,300,000) in the aggregate in such sales and use tax bonds so issued without a referendum shall ever be issued; provided that within such aggregate limit no more than three million two hundred thousand dollars ($3,200,000) shall be issued for jail facilities, no more than four million one hundred thousand dollars ($4,100,000) shall be issued for courthouse and administrative facilities, and no more than ten million dollars ($10,000,000) shall be issued for a high school and appurtenant facilities.

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b. Bonds issued pursuant to this amendment shall be confirmed and validated, insofare as applicable, in accordance with the procedure of the Revenue Bond Law (Official Code of Ga.Ann. Title 36, Chapter 82, Article 3), as now or hereafter amended. The foregoing and each and every enactment of the General Assembly pursuant thereto, shall be liberally construed to effectuate the public purpose mentioned herein and shall not be limited by an existing provisions of or amendment to this Constitution or any general or special law heretofore enacted, and the authority granted hereby to the General Assembly may be exercised by general, special, or local laws without regard to uniformity. Section 3. The resolution of the General Assembly of Georgia proposing an amendment to the Constitution of the State of Georgia so as to declare the construction of certain public facilities in Spalding County to be an essential governmental function; to authorize Spalding County to levy a one percent retail sales and use tax on sales and uses within the County to provide funds for the financing of such public facilities; to provide for the submission of the proposed amendment for ratification and for other purposes, which resolution is contained in Georgia Laws 1981, p. 1934-1936, is hereby rescinded and shall be of no force and effect. Section 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution. 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 declare the construction of certain public facilities in Spalding County as an essential governmental function and a public purpose; to authorize Spalding County to levy a retail sales and use tax to provide funds for the implementation of such public purpose; to authorize Spalding County to issue not more than three million two hundred thousand dollars ($3,200,000) of jail-house bonds and not more than four

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million one hundred thousand dollars ($4,100,000) of courthouse and administrative facility bonds; to authorize the Griffin-Spalding County School System to issue not more than ten million dollars ($10,000,000) of school bonds; all such bonds to be payable solely from and secured solely by the proceeds of sales and use tax without a referendum, but subject to the limitations imposed? 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. GRIFFIN-SPALDING COUNTY BOARD OF EDUCATION ELECTION OF MEMBERS, ETC. Proposed Amendment to the Constitution. No. 185 (House Resolution No. 826). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the Griffin-Spalding County Board of Education shall be composed of ten members to be elected from ten education districts by the electors of their respective districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section V, Paragraph I of the Constitution is amended by adding at the end thereof the following:

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A. The administration of the Griffin-Spalding County School System shall be vested in a Board to be known and designated as the `Griffin-Spalding County Board of Education.' Said Board shall consist of ten members, each of whom shall be a person of good moral character and at least 25 years of age at the time of assuming office as a member of said Board. Each of the ten districts hereinafter created and described shall be represented by one member of such Board, who shall have been a resident of the district he represents for at least six months before his election or appointment to said Board. B. There are hereby created ten such single member districts and the boundaries of each such district are hereafter designated and described as follows: District 1 Beginning at the intersection of Solomon and North Hill Street; and running north along Hill Street to its intersection with the City limits of Griffin; and running south and southwest along the City limits to its intersection with the Central of Georgia Railroad Line; and running north and northwest along the Griffin-Chattanooga Line of the Central of Georgia Railroad System to its intersection with the City limits; and running south along the City limits to its intersection with Georgia Highway 16 (West Taylor Street); and running east along West Taylor Street to its intersection with Expressway North; and running north along Expressway North to its intersection with West Solomon Street; and running east along West Solomon Street to its intersection with North Hill Street, the point of beginning. District 2 Beginning at the intersection of North Hill Street and Solomon Street; and running north along North Hill Street to its intersection with the City limits of Griffin; and running south and east along the City limits to its intersection with Georgia Highway 16; and running east and north along Georgia Highway 16 to its intersection with the northeast boundary of the East Griffin (1980) Census Designated Place (Tract 9908, Block 107) and running south and east along the northeast boundary of East Griffin (1980) Census Designated Place to its intersection with High Falls Road; and running west along High Falls Road and East Solomon Street to its intersection with North Hill Street, the point of beginning.

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District 3 Beginning at the intersection of South Eighth Street and West Solomon Street and running east along Solomon Street to its intersection with High Falls Road; and running east along High Falls Road to its intersection with the City limits of Griffin; and running south and west along the City limits to its intersection with South Sixth Street Extension (Maple Drive); and running north along South Sixth Street Extension (Maple Drive) to its intersection with Wesley Drive; and running west and south along Wesley Drive to its intersection with Maddox Road; and running west along Maddox Road to its intersection with the City limits of Griffin; and running north and west along the City limits of Griffin to its intersection with South Hill Street; and running north along South Hill Street to its intersection with South Eighth Street; and running north along South Eighth Street to its intersection with West Solomon Street. District 4 Beginning at the intersection of South Eighth Street and West Solomon Street and running west along West Solomon Street to its intersection with Expressway North; and running south along Expressway North to its intersection with Georgia Highway 16 (West Taylor Street); and running west along Georgia Highway 16 to its intersection with U.S. Highway 19-41; and running south along U.S. Highway 19-41 to its intersection with the City limits of Griffin; and running east, south, and north along the City limits of Griffin to its intersection with South Hill Street; and running north along South Hill Street to its intersection with South Eighth Street; and running north along South Eighth Street to its intersection with West Solomon Street. District 5 Beginning at the intersection of the City limits of Griffin and North Hill Street; and running south and west along the City limits to its intersection with Central of Georgia Railroad; and running north along the Macon-Atlanta Line of the Central of Georgia Railroad System to its intersection with Dobbins Mill Road; and running east along Dobbins Mill Road to its intersection with Jordan Hill Road; and running north and east along Jordan Hill Road to its intersection with North Second Street Extension (Road Route S2083); and running south and east along Road Route S2083 to its intersection

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with McIntosh Road and North Second Street Extension; and running south and west along North Second Street Extension to its intersection with Cabin Creek Trail (Road Route P352); and running south and east along Road Route P352 to its intersection with Jackson Road (Georgia Highway 16); and running south and west along Jackson Road to its intersection with the City limits of Griffin; and running north and west along the City limits of Griffin to its intersection with North Hill Street; and running south along North Hill Street to the point of beginning. District 6 Beginning at the intersection of Jackson Road (Georgia Highway 16) and the northeast boundary of the East Griffin (1980) Census Designated Place (Tract 9908, Block 107); and running north and east along Jackson Road to its intersection with Road Route P352; and running north and west along Road Route P352 to its intersection with North Second Street Extension; and running north along North Second Street Extension to its intersection with McIntosh Road and Road Route S2083; and running north along Road Route S2083 to its intersection with Southern Railroad; and running north and east along Southern Railroad to its intersection with Smoak Road; and running north along Smoak Road to its intersection with Teamon Road; and running east along Teamon Road to its intersection with Georgia Highway 155; and running north along Georgia Highway 155 to its intersection with the Spalding-Henry County line; and running, east, south, and west along the Spalding County boundary line to its intersection with Walker's Mill Road; and running north and east along Walker's Mill Road to its intersection with Rehoboth Road; and running north and west along Rehoboth Road to its intersection with Barrow Road; and running north along Barrow Road to its intersection with Newton Road; and running west along Newton road to its intersection with High Falls Road and the eastern boundary of East Griffin (1980) Census Designated Place (Tract 9908, Block 107); and running north and west along the boundary of East Griffin (1980) Census Designated Place to its intersection with Jackson Road (Georgia Highway 16), the point of beginning. District 7 Beginning at the intersection of High Falls Road and the City Limits of Griffin; and running east along High Falls Road to its intersection with Newton Road; and running east along Newton Road

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to its intersection with Barrow Road; and running south along Barrow Road to its intersection with Rehoboth Road; and running south and east along Rehoboth Road to its intersection with Walker's Mill Road; and running south and west along Walker's Mill Road to its intersection with the Spalding-Lamar County line; and running west along the Spalding County line to its intersection with State Highway 3 (South Hill Street Extension); and running north along State Highway 3 to its intersection with South Side Drive; and running west along South Side Drive to its intersection with Kennedy Drive; and running north along Kennedy Drive to its intersection with O'dell Road; and running west along O'dell Road to its intersection with U.S. Highway 19-41; and running north along U.S. Highway 19-41 to its intersection with the Griffin city limits; and running north, east and south along the City limits of Griffin to its intersection with Maddox Road; and running east along Maddox Road to its intersection with Wesley Drive; and running north and east along Wesley Drive to its intersection with South Sixth Street Extension (Maple Drive); and running south along South Sixth Street Extension (Maple Drive) to its intersection with the City limits of Griffin; and running east, north, west and south along the City limits of Griffin to its intersection with High Falls Road. District 8 Beginning at the intersection of State Highway 3 (South Hill Street Extension) and South Side Drive and running south along State Highway 3 to its intersection with the Spalding-Pike County line; and running west, north, and east along the Spalding County line to its intersection with Fayetteville Road; and running east along Fayetteville Road to its intersection with Cheatham Road; and running south along Cheatham Road to its intersection with Vaughn School Road; and running south and west along Vaughn School Road to its intersection with New Salem Road; and running east along New Salem Road to its intersection with West McIntosh Road; and running east along West McIntosh Road to its intersection with New Salem Road; and running east along New Salem Road to its intersection with Ellis Road; and running east along Ellis Road to its intersection with the City limits of Griffin; and running south along the City limits of Griffin to its intersection with Georgia Highway 16; and running east along Georgia Highway 16 to its intersection with U.S. Highway 19-41; and running south along U.S. Highway 19-41 to its intersection with the City limits of Griffin at Boyd's Row (a public street); and running east and south along the City Limits of Griffin to

Page 2685

its intersection with State Highway 362 (Meriwether Street); and running southwest along State Highway 362 to its intersection with Carver Road; and running south along Carver Road to its intersection with the City Limits of Griffin; and running south and east along the City Limits of Griffin to its intersection with U.S. Highway 19-41; and running south along U.S. Highway 19-41 to its intersection with O'dell Road; and running east along O'dell Road to its intersection with Kennedy Drive; and running south along Kennedy Drive to its intersection with South Side Drive; and running east along South Side Drive to its intersection with State Highway 3 (South Hill Street Extension). District 9 Beginning at the intersection of the westerly projection of Mud Bridge Road and the Spalding-Fayette County line; and running east along Mud Bridge Road to its intersection with Coleman Road; and running south and east along Coleman Road to its intersection with Sidney Road; running south along Sidney Road to its intersection with Birdie Road; and running east along Birdie Road to its intersection with Steel Road; and running south and east along Steel Road to its intersection with Vineyard Road; and running east along Vineyard Road to its intersection with Central of Georgia Railroad; and running south along the Main Line of Central of Georgia Railroad System to its intersection with the Griffin-Chattanooga Line of the Central of Georgia Railroad System; and running west along Central of Georgia Railroad to its intersection with the City limits of Griffin; and running south along the City limits of Griffin to its intersection with Ellis Road; and running west along Ellis Road to its intersection with New Salem Road; and running west and north along New Salem Road to its junction with West McIntosh Road; and running west on West McIntosh/New Salem Road and continuing north and west on New Salem Road to its intersection with Vaughn School Road; and running north and east along Vaughn School Road to its intersection with Cheatham Road; and running north and west along Cheatham Road to its intersection with Fayetteville Road; and running west along Fayetteville Road to its intersection with the Spalding-Fayette County line; and running north along the Spalding-Fayette County line to its intersection with the westerly projection of Mud Bridge Road, the point of beginning.

Page 2686

District 10 Beginning at the intersection of the westerly projection of Mud Bridge Road and the Spalding-Fayette County line; and running east along Mud Bridge Road to its intersection with Coleman Road; and running east along Coleman Road to its intersection with Sidney Road; and running south along Sidney Road to its intersection with Birdie Road; and running east along Birdie Road to its intersection with Steel Road; and running south and east along Steel Road to its intersection with Vineyard Road; and running east along Vineyard Road to its intersection with Dobbins Mills Road; and running east along Dobbins Mill Road to its intersection with Jordan Hill Road; and running north and east along Jordan Hill Road to its junction with North Second Street Extension and Road Route S2083; and running east and south along Road Route S2083 to its intersection with Southern Railroad; and running north and east along Southern Railroad to its intersection with Smoak Road; and running north along Smoak Road to its intersection with Teamon Road; and running east along Teamon Road to its intersection with Georgia Highway 155; and running north and east along Georgia Highway 155 to its intersection with the Spalding-Henry County line; and running west, north and south along the Spalding County boundary line to its intersection with the westerly projection of Mud Bridge Road, the point of beginning. C. At the first election for members of said Board of Education, the term of members elected from Districts Nos. 1, 4, 7, 8, and 10 shall be for a term of two years from December 31st of the year of their election. The term of such members from Districts Nos. 2, 3, 5, 6 and 9 shall be for a term of four years from December 31st of the year of their election. All members so elected shall hold office until their successors have been duly elected (or appointed as hereinafter provided) and take office. The term of each member of the said Griffin-Spalding County Board of Education elected after the first election of such members shall be for a term of four years from December 31st of the year of his election, and until his respective successor is elected and takes office. D. Each candidate for election as a member of the Griffin-Spalding County Board of Education shall qualify by filing written notice of his candidacy with the election superintendent of the County of Spalding. Each such candidate, desiring to have his name placed on the ballot, shall file his notice of candidacy during the days and within the same time and manner as provided by law for a candidate, seeking nomination to run for election to the House of

Page 2687

Representatives of the General Assembly of Georgia, qualifying in a general primary election, and in the event of change in the law such notice shall be filed at and within the same times and dates, and in the same manner, as may be hereafter provided by law for a candidate, other than the nominee of a political party nominated in a primary, seeking election (or nomination) as a member of the General Assembly of Georgia in a general primary election. Each such candidate shall accompany his notice of candidacy with an affidavit stating such information as is required by law for candidates in a general primary election and such other information as may be prescribed by the Spalding County election superintendent with whom the candidate files his notice of candidacy. The qualifying fee to be paid by each candidate at the time of filing such notice of his candidacy shall be equal to the per diem compensation then being paid to a member of such Board of Education for attending a regular monthly meeting of said Board. E. Each member of said Board qualifying from any of the aforesaid districts shall be elected by a majority vote of the electors, residing in such district and voting in such election. In the event no such candidate shall receive a majority of the votes cast, a run-off election between the candidates receiving the two highest number of votes shall be held on the date and in the manner as now or hereafter provided by law for holding such run-off elections in the general primary for election of members of the General Assembly of Georgia. Only the electors entitled to vote in the special election, as held contemporaneously with the general primary election, shall be entitled to vote in any run-off election resulting therefrom. F. The first election hereunder for the ten members of said Board of Education shall be held by the Election Superintendent of Spalding County, Georgia, during the year, 1984, on the same date and during the same hours that the general primary election is held in the State of Georgia. Beginning with the year 1986 and biennially thereafter, there shall be an election of five members to the Griffin-Spalding County Board of Education. Each such election shall be a special election and shall be held in the same manner, except as herein this amendment set out, as provided by law for conducting special elections in the State of Georgia. The Election Superintendent of Spalding County is hereby authorized to employ the necessary personnel and make necessary arrangements for conducting each such special election. He shall canvass the returns and declare and certify the results of each such election and he shall otherwise

Page 2688

conduct each such election, or run-off election, under the pertinent laws of Georgia as a special election. He is further hereby empowered and authorized to promulgate such rules and regulations, cumulative of those provided by law, in conducting any such election, or run-off election, that he, within his sole authority and discretion, may deem fair and equitable under the circumstances prevailing. The expenses of any such election, or run-off election, shall be borne by Spalding County. G. The death or resignation of a member of said Board, or his physical or mental disability to perform his duties, or the removal of his residence for a continuous period of two months from the district from which he qualified, or the failure of such member to attend any three consecutive meetings of the Board unexcused by the majority vote by the remaining members of such Board, and the occurrence of any one or more of such events, shall be deemed to create a vacancy on said Board with respect to the office held by such member. Any such vacancy on the Board shall be filled by the majority vote of the remaining members at a regular monthly meeting or at any special meeting, duly called and held for that purpose, with the person designated to fill such vacancy having been a resident, for the six months next preceding, of the particular district with respect to which such vacancy occurred; however, if any such vacancy shall occur more than two years and eight months before the term of office of the member creating such vacancy shall expire, said Board may fill such vacancy only for the period ending December 31 of the next succeeding calendar year in which an election for Board members is to be held, at which such election a member of said Board shall be elected, as herein provided, to fill the remaining two years of the unexpired term. Any person filling such vacancy shall serve as a member of said Board until his successor is elected (or appointed) and takes office. H. Any provision of a constitutional amendment merging the Spalding County School System and the City of Griffin School System into one school district coextensive with the limits of Spalding County which was ratified at the general election in 1952 and which is found in Ga. L. 1952, p. 554 which is in conflict with the provisions of this amendment shall be void and of no force and effect. Sections 2, 3, 4, 5, 6, 6A, 7, and 8 of the Act creating the Griffin-Spalding County School System, approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2563), as amended by an Act approved November 30, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2007) and an Act

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approved March 4, 1955 (Ga. L. 1955, p. 2775) shall be void and of no force and effect. An Act relating to the election of the members of the Board of Education of the Griffin-Spalding County School System, approved March 27, 1972 (Ga. L. 1972, p. 2418), shall be void and of no force and effect. I. The provisions herein pertaining to the Griffin-Spalding County School System, including the composition of the Griffin-Spalding County Board of Education, the members of the Board, their term of office, methods of selecting such Board members, whether elections shall be partisan or nonpartisan, residence requirements, compensation, manner of such elections or appointments and the method for filling vacancies, but not excluding any other provisions herein pertaining to said School System, may hereafter be changed by local law, conditioned upon approval by a majority of the qualified voters voting thereon in a referendum in the School District. 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. 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 Griffin-Spalding County Board of Education shall be composed of ten members to be elected from ten education districts by the electors of their respective districts? 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 23, 1982 George Busbee Governor Honorable Zell Miller Lieutenant Governor of Georgia President of the Senate State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Miller: I have vetoed Senate Bills 343, 470, 511, 522, 558 and 584 which were passed by the General Assembly of Georgia at the 1982 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:yl Enclosures cc: Honorable Thomas B. Murphy, Speaker, House of Representatives Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable David B. Poythress, Secretary of State

Page 2691

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 23, 1982 George Busbee Governor Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 76, 530, 1167, 1256, 1390 and 1736 which were passed by the General Assembly of Georgia at the 1982 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:yl 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 Michael J. Bowers, Attorney General Honorable David B. Poythress, Secretary of State

Page 2692

Veto No. 13S. B. 343 by Senator Greene of the 26th Senate Bill 343 changes the training requirements of certain applicants for chiropractic licensure. Because of a technical drafting error, the author of Senate Bill 343 has requested that this bill be vetoed in the light of the fact that a corrected version of the substantive change sought to be effected by this bill was incorporated into separate legislation already passed by the General Assembly and approved by me. Veto No. 14S. B. 511 by Senators Garner of the 30th, Hill of the 29th, Cobb of the 28th and Barnes of the 33rd Senate Bill 511 is a mixture of constitutionally impermissible substantive and procedural legal concepts which, taken as a whole, results in a bill which I cannot sign. The first part of the bill prohibits the publication of the name or identity of any person under the age of 17 who has been or may have been the victim of a felony without the written consent of a parent or legal guardian of such person. The bill makes it a misdemeanor to do so. While it is important that we protect the youthful victims of crime in this State to the greatest extent possible, this bill would directly infringe on the right of the press to freely publish matters which are of legitimate public concern. This is clearly an infringement on the right to freedom of the press in violation of the First Amendment, and I feel the courts, if this bill were signed into law, would so declare it. The second part of the bill prohibits the sale of obscene material to minors and the display of such materials in public places where minors may frequent. Last year, I signed into law a similar bill (Act 785) notwithstanding serious reservations that I had concerning its impact upon First Amendment rights. That Act was declared to be unconstitutionally overbroad and vague which resulted in the infringement on the First Amendment rights of both minors and adults. It is evident that the authors of Senate Bill 511 have attempted to remedy each and every defect found by the court in Act 785. However, I have grave concerns

Page 2693

about the constitutionality of the display provisions. The limitation of the materials that may be displayed at public places to that which is suitable to minors will prevent the perusal by adults at public places of materials which are not obscene as to adults. While the intent of the bill is certainly laudable and it is important that we protect our youth to the greatest extent possible, this bill infringes on the rights of adults to view constitutionally protected material. This is clearly a prior restraint on the free exercise of speech of adults in violation of the First Amendment, and I feel the courts, if this bill were signed into law, would so declare it. My third objection to Senate Bill 511 is that it is violative of the Georgia Constitution which prohibits the passage of any law which contains more than one subject matter. Senate Bill 511 contains two subject matters with no unity of purpose. The first part of the bill regulates the manner in which the press may report a criminal offense where a minor is or may be a victim. The second part of the bill establishes standards by which materials may be found harmful to minors and prohibits the display or sale of such materials to minors. These separate legal concepts are clearly not substantively germane to one another since one attempts to limit the press and the other attempts to limit the sale of defined material. They are conjecturally related only in that they both deal with minors. In my opinion, this is not sufficient under our State Constitution. Veto No. 15S. B. 522 by Senator Barnes of the 33rd Senate Bill 522 would provide that a postponement shall be granted by the court as a matter of right if notice is given prior to the call of the case that counsel for either party is absent due to the trial of a case in another court. The author of Senate Bill 522, following the decision of the Court of Appeals found in 160 Ga. App. 413, in a thoughtful and reflective manner attempted to provide a workable solution to the dilemma which often counsel are faced when their presence is required in two different courts. However, keeping in mind that the present state of the

Page 2694

law provides a workable solution if timely pursued by counsel, and that by far and large the trial judges of this State will exercise sound discretion and good judgment in granting continuances, it is my belief that far more damage and potential for abuse of the orderly administration of the trial court business would exist if Senate Bill 522 were allowed to become law than is presently possible. Given the options, I feel the final resolution of such conflicts is better left to the judgment of the court than in the hands of counsel alone. Veto No. 16Senate Bill 558 by Senator Kidd of the 25th Senate Bill 558 would grant to certain job classes of state correctional officers a two grade upward reassignment. I have investigated the relative equity of the pay grade assignments of the employees affected by Senate Bill 558. The pay scales of such officers are not in perfect harmony with similar employee classes. This deficiency, therefore, will be corrected through appropriate administrative channels within the State Merit System. While recognizing that a problem exists as to these employees' pay grades, it is an unwise precedent to allow the correction of such deficiencies to be addressed legislatively. To do so would perhaps encourage those among the ranks of state employees who possess the sophistication and political expertise to seek redress through their elected officials, while the less powerful and politically knowledgeable employees' needs would perhaps go unattended. The administration of state personnel management based upon merit ensures a professional and impartial mechanism to achieve equity among all classes of employees. This system will be employed to redress the grievances of the affected correctional officers. Therefore, Senate Bill 558 is not required, and it has been accordingly vetoed. Veto No. 17Senate Bill 584 by Senators Kennedy of the 4th, Gillis of the 20th, English of the 21st and others Senate Bill 584 would provide that the Board of Offender Rehabilitation is not authorized to compensate inmates employed in any industry or performing services at any correction institution. While the Board currently has the authority to provide

Page 2695

compensation for employed inmates and has had such authority since 1975, it has never been exercised. This is due primarily to the fact that no funds have ever been appropriated to the Board for that purpose. While I agree with the concept, I feel that the appropriate way to decide the issue of whether inmates should be compensated for their service is through the annual appropriations process. We should not foreclose the use of this rehabilitative tool in our corrections administration in the future, if funds are appropriated. For this reason, I am vetoing Senate Bill 584. Veto No. 18House Bill 76 by Representative Hutchinson of the 133rd House Bill 76 would, among other matters, provide that after November 1, 1982, no member of the Employees' Retirement System of Georgia would be required to retire because of age. The implications of this change in the personnel administration of this State is profound. Only recently the mandatory retirement age was appreciably increased to age 70. The effect of this significant personnel policy change has not yet fully been analyzed or evaluated. There are presently in place adequate exceptions to the mandatory retirement age to enable the State to continue to utilize the unique talents and abilities of older employees possessing essential professional, scientific or technical skills beyond the age of 70. I think it unwise at this particularly uneasy time to embark upon a change in personnel management of unknown dimensions. Veto No. 19H. B. 530 by Representative Snow of the 1st, Walker of the 115th, Culpepper of the 98th and others House Bill 530 provides a long arm statute which specifies the circumstances under which personal jurisdiction might be achieved over nonresidents in actions relating to alimony, child support and the division of property in relation to divorce. I am concerned that two of the permissible conditions specified do not constitute sufficient nexus with the State, and I am, therefore, fearful that the entire statute might be declared unconstitutional

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by the courts if challenged at a later date. I have discussed my concerns with those parties interested in the bill, and we have collectively agreed that it would be the better part of wisdom to address the nexus problems with more intensive study and then provide the State at the next session of the General Assembly with a strong, defensible long arm statute. Therefore, I have not allowed House Bill 530 to become law. Veto No. 20H. B. 1256 by Representative Lane of the 40th House Bill 1256 creates the State Boxing Commission and invests the Commission with the authority to regulate the promotion or holding of professional boxing matches. The Commission is composed of three members, one to be appointed by the Governor, one by the Lieutenant Governor and one by the Speaker of the House of Representatives. The regulation and licensing of professional boxing is an executive function. I find no problem with the objectives sought to be achieved by the creation of the Commission. However, I feel strongly that it is unwise to allow legislative or judicial officers to appoint members to executive agencies. Accordingly, I have vetoed House Bill 1256. Veto No 21H. B. 1736 by Representatives Hanner of the 130th and Coleman of the 118th House Bill 1736 would allow employees of the state and local political subdivisions whose principal duties relate to the incarceration or supervision of persons accused or convicted of crimes to be included within the definition of prison guards who are eligible for indemnification due to the death or disability of such personnel occurring in the line of duty. The authors' intent was to include parole and probation officers only. The Constitution permits the General Assembly to provide such benefits only to law enforcement officers, prison guards or firemen. To expand the category of personnel eligible to receive such indemnification to anyone not even remotely related to the hazardous working conditions experienced by prison guards whose daily routine requires their close supervisory contact and association with dangerous criminals was not contemplated by the people of this State when the Constitution was amended to permit such compensation.

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If House Bill 1736 were allowed to become law, a clerical employee of the Department of Offender Rehabilitation injured or killed in an automobile accident while performing a routine errand for the Department would be eligible for a maximum indemnification payment of $50,000, notwithstanding the fact that that employee never experienced any more hazardous working conditions during his entire work experience than the thousands of the other clerical employees working daily throughout this entire State. The indemnification program was inaugurated for the purpose of indemnifying those persons injured or killed in the course of the extremely hazardous work environment experienced by law enforcement officers, prison guards and firemen. I see no justification for expanding the benefits of the program to those categories of employees who do not participate in or are not exposed to the very real dangers of such hazardous professions. Therefore, I have vetoed House Bill 1736. Veto No. 22S. B. 470 by Senators Thompson of the 32nd, Barnes of the 33rd Stumbaugh of the 55th Senate Bill 470 would authorize a jury, upon the finding that one or more aggravating circumstances were present in the commission of a crime in which the death penalty was sought, to impose a sentence of life without parole. If there was one single issue which dominated or characterized the prevailing mind set of the majority of the members of the General Assembly in the 1982 session, it was the issue of law and order and let's get tough with the criminals. Due in large part to the public's very understandable reaction of outrage and frustration due to the failure of the criminal justice system to be able to respond appropriately by permitting the imposition of the death penalty as punishment for one of the more horrible and vile crimes committed within recent memory, the General Assembly reacted with a deluge of proposals to address this concern. Many of the proposals were well-conceived, artfully drafted and responsibly presented throughout the legislative process. Unfortunately, other proposals were not imbued with those attributes. Senate Bill 470 in my judgment was one of the more irresponsible

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products of the law and order demagoguery which so often shouted down and swept before it responsible descent in the rush of the irresponsible or ill-informed supporters of this proposal to demonstrate to their constituency that they were indeed the champion of the lawful and the annointed enemy of the criminal. The enactment of the life without parole legislation in my judgment is the cruelest hoax visited upon the public by the General Assembly in recent memory. The public during this session of the General Assembly manifested a very real interest and desire for a change in our criminal justice system so that when particularly terrible crimes are committed, but yet a jury cannot unanimously agree that a death sentence is warranted, that there be some alternative to a prison sentence which might result in the perpetrator being released after a minimum period of confinement of seven years. I, myself, find no particular fault with the concept desired by the people. However, there were available to the General Assembly correct avenues and means as well as ill-conceived and inappropriate ways to execute this policy. For reasons which I am totally without ability to comprehend, the General Assembly elected to choose the most obviously and patently wrong way to proceed to effectuate this concept; and when any attempt at responsible constraint or wise counsel was advanced, it was immediately and effectively silenced or ignored by the breast beating law and order majority. If the time has come in Georgia to limit the absolute constitutional authority of the State Board of Pardons and Paroles to grant executive clemency to persons convicted and sentenced to life imprisonment for the commission of certain crimes, then no member of the General Assembly is without the presumed knowledge that the Constitution must first be altered to permit this limitation of the Board's otherwise complete and unrestrained authority. The proposed new Constitution, adopted in the 1981 special session, was successfully amended during the 1982 session of the General Assembly to specifically authorize the General Assembly to limit the Board's authority in precisely this exact instance. Therefore, all that was required of the General Assembly was to enact an appropriate statute and for its effectiveness to be made contingent upon the Constitution being altered to permit the action in

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order to successfully limit the Board's authority. Such a statute would have been legally sound and absolutely unassailable on constitutional grounds. Instead, a majority of the General Assembly elected to proceed without constitutional authority in the most oblique and contorted manner by allowing a jury to impose a sentence of life without parole. If Senate Bill 470 were allowed to become law, there is no doubt in my mind that the public and in particular every juror who voted for a life without parole sentence would justifiably, but mistakenly, believe that a person so sentenced would indeed spend the remainder of his life in prison. In actuality, nothing further from the truth would result, and the State Board of Pardons and Paroles, could (but, of course, in my judgment would not) release on parole the convicted and sentenced individual the very next day following the imposition of the jury sentence. I will not permit the public to be so deceived and to further subject the criminal justice system to derision and ridicule when this cruel hoax would be immediately unmasked at the very first opportunity by any challenge within our judicial system. When the Supreme Court of the United States declared unconstitutional our death penalty statute and provided guidelines which must be followed in order that the death penalty might be imposed in certain aggravated cases, we complied by passing a new death statute that limited the imposition of the death penalty to those cases in which these aggravating circumstances were found to exist by the jury. Our new statute has been determined to be constitutional by the Supreme Court of the United States. We now have over 100 prisoners on death row that have been sentenced to death under a constitutional law, and yet these prisoners remain there year after year while a never ending game of delay is played out in our judicial system. It has been my sad experience to meet with members of the Alday family whose loved ones were mutilated by mass murderers; with a grandmother whose grandbaby was sexually abused, mutilated and murdered; and with Reverend Buice whose daughter's murder and resulting trial have only heightened the public's sense of frustration with the delays experienced with the death penalty.

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It is with the foregoing background that I can honestly say that there is not a stronger advocate in Georgia of the imposition of the death sentence than George Busbee. At the suggestion of the Supreme Court of Georgia, and with my support the Georgia General Assembly passed a unified appeal statute to combine and expedite appeals in the State judicial system. But we still have inexplainable delays in the federal courts. The Attorney General of Georgia has served notice on the federal courts that the State will not agree to any further delays in the federal courts. He has computerized the trial status of every prisoner on death row so as to expedite hearings before the federal courts. As I stated several months ago, it appears that we are on the road to removing the roadblocks on carrying out the death penalty, and it appeared that we would have our first execution the latter part of this year or early next year. It is with this scenario that I have evaluated the bill under consideration. Even if Senate Bill 470 did not, as it does, patently violate our State Constitution, I would not approve of it, because in my judgment, the bill represents a serious weakening of our death penalty. If I were to sign this bill today and were it to remain operative until thrown out by the court, irreparable harm would result. First, the approval of this bill could very well result in the constitutional death statute we now have being declared unconstitutional. Under the present death penalty statute, after a determination of guilt, if a jury finds that one or more of the specified aggravating circumstances were present in the commission of the crime, the jury is authorized to impose the death sentence. The only other alternative is a sentence of imprisonment for life. This bill will provide the jury with a third alternative. If the jury found the same aggravating circumstances present that would legally authorize them to impose the death penalty, the jury may impose a sentence of life without parole. For this reason, Senate

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Bill 470 would further impede the imposition of the death sentence even in those cases where the Supreme Court has stated it would be permissible to impose the penalty of death. For the very same legal reasons I have explored more fully in my veto message of House Bill 1167 (Veto No. 23), the Supreme Court would in my judgment declare this bill unconstitutional because it does not provide any rationally reviewable process to determine why in one instance during the commission of a crime an aggravating circumstance caused the imposition of a death sentence, but permits in another instance, identical in its factual occurrence, that a life without parole sentence would be imposed. The bill thus allows the arbitrary and capricious imposition of the death sentence which must be struck down by the courts. In the meantime, how many murderers will have escaped the death penalty which, without this bill, would have otherwise been sentenced to a just and appropriate penalty of death? The means to accomplish the desired objective of insuring that persons who commit certain crimes and are sentenced to imprisonment for life will not be paroled is available if the people will pass the proposed new Constitution in November which contains therein the authorization of the General Assembly to so limit the powers of the Board of Pardons and Paroles. Meanwhile, I think we should preserve the death statute we have and not open it up to constitutional attack, and that we should try to expedite the execution of the sentences of death that have been imposed. I have listened to the election year rhetoric and demagoguery in the passage of this bill, and I am prepared for that which will follow my veto. Meanwhile, I will continue to support the death penalty and seek to expedite it in every lawful instance as I feel that it is the greatest deterrent to the commission of heinous crimes. I commend the responsible members of the General Assembly who had the courage to exert unpopular opposition to this proposal. I am convinced that thoughtful reflection will demonstrate the wisdom of those members' opposition and the correctness of my decision to veto Senate Bill 470.

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Veto No. 23H. B. 1167 by Representative Darden of the 19th and Snow of the 1st House Bill 1167 would authorize the court in criminal cases in which the death penalty were being sought to declare a mistrial, impanel a new jury and proceed to completion with the sentencing portion of the case when at least ten, but less than 12, of the original jurors were in favor of imposing the death sentence and at least one aggravating circumstance was found to be present. The very same crime and circumstances which caused the General Assembly to enact Senate Bill 470 provided the motivation to address the very same frustrations enunciated by the public as a result of that case, but to approach the problem differently as outlined above. I feel that my own very strong support of the death penalty and belief that the death penalty is an appropriate punishment for the commission of particularly heinous crimes is shared and concurred in by the vast majority of the citizens of this State. Since the death penalty was reinstituted in Georgia in 1973, every case in which the death penalty was imposed has been appealed to the Georgia Supreme Court, and in those cases in which the death penalty was affirmed by the Georgia Supreme Court, ultimately to the United States Supreme Court. Over this nine year period of repeated court challenge, the 1973 death penalty statute and its procedural safeguards have by far and large successfully withstood the scrutiny of the United States Supreme Court's review and has in substantial and material part survived all constitutional challenges. Nevertheless, the death penalty in Georgia hangs in balance by a precarious and delicate thread of equalibrium. House Bill 1167 could destroy this extremely sensitive balance and subject all future death sentences to a very uncertain and hazardous court challenge. The Supreme Court demands of each state which wishes to authorize capital punishment to tailor and apply its death penalty statute in a manner that avoids the possibility of the arbitrary and capricious imposition of this ultimate punishment. The capital sentencing scheme must provide a meaningful basis for distinguishing the few cases in which the death penalty is imposed from the many cases in which it is not. No statute authorizing

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capital punishment can be successfully defended before the courts which creates a substantial risk that the punishment will be inflicted in an arbitrary and capricious manner. It is my personal opinion, concurred in and supported by respected authorities on the issue of capital punishment, that a sentencing scheme which on the one hand allows the State to accept the decision of a divided jury's decision to not permit the imposition of the death sentence and agree in lieu thereof to a life sentence, but on the other hand, for unspecified reasons, in a case in which at least ten of the jurors have voted in favor of the death penalty, if an aggravating circumstance is present, to unilaterally opt for the opportunity to once more convince a new panel of jurors to achieve a unanimous decision to impose the death sentence, is without the necessary safeguards to foreclose arbitrary and capricious sentencing patterns. Because House Bill 1167 lacks clear and objective standards that provide specific and detailed criteria whereby the two different results in such cases can be distinguished, the sentencing scheme would not afford a rationally reviewable process for imposing a sentence of death. It is no longer the subject of conjecture that a sentencing scheme which does not comport with the above criteria will not meet constitutional muster before the courts. I do not believe that any public official supports the death penalty with more ardor or advocates a more vociferous defense for the concept than I. If we are to have the ordered society which the public deserves and demands, a well formulated and constitutionally sound death penalty law is the linchpin of the criminal justice system which stands as the first line of defense against the ever expanding criminal element which threatens the very foundations of such a society. To wager the benefits to be derived from the very isolated and extremely rare instances in which the procedures advocated in House Bill 1167 would be applied against the very real and substantial benefits of the nine years of court review and approval of this State's death penalty law, is a wager in which the potential loss vastly and overwhelmingly outweighs the benefits. I am, therefore, left with no other alternative than to foreclose the possibility of losing the death penalty in this State. Accordingly, House Bill 1167 has been

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vetoed. Veto No. 24H. B. 1390 by Representatives Argo of the 63rd, Adams of the 36th, Bolster of the 30th Johnson of the 66th House Bill 1390 creates the Renewable Energy Research and Development Council. The Council would duplicate the responsibility and functions of an existing state agency which is on line, functioning and fully funded. I do not, therefore, agree that a duplication of this responsibility is necessary or wise. Therefore, I have vetoed House Bill 1390.

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COUNTIES AND SUPERIOR COURT CIRCUITS

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APPELLATE COURTS SUPREME COURT OF GEORGIA As of January 15, 1982 ROBERT H. JORDAN Chief Justice HAROLD N. HILL, JR. Presiding Justice THOMAS O. MARSHALL, JR. Associate Justice HAROLD G. CLARKE Associate Justice GEORGE T. SMITH Associate Justice HARDY GREGORY, JR. Associate Justice CHARLES L. WELTNER Associate Justice JOLINE BATEMAN WILLIAMS Clerk HAZEL E. HALLFORD Deputy Clerk GUY M. MASSEY Reporter W. SCOTT HENWOOD Assistant Reporter COURT OF APPEALS OF GEORGIA As of January 15, 1982 J. KELLEY QUILLIAN Chief Judge BRASWELL D. DEEN, JR. Presiding Judge WILLIAM LEROY MCMURRAY, JR. Presiding Judge ARNOLD SHULMAN Presiding Judge HAROLD R. BANKE Judge A. W. BIRDSONG, JR. Judge GEORGE H. CARLEY Judge JOHN W. SOGNIER Judge MARION T. POPE, JR. Judge ALTON HAWK Clerk DONALD L. SHIVER Special Deputy Clerk GUY M. MASSEY Reporter W. SCOTT HENWOOD Assistant Reporter

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SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS AND CALENDAR As of June 4, 1981 ALAPAHA CIRCUIT. HONS. W.D. JACK KNIGHT, Chief Judge, Berrien County Courthouse BROOKS E. BLITCH, Judge, Clinch County Courthouse VICKERS NEUGENT, D.A., Lanier County Courthouse AtkinsonThird Monday in January and October BerrienThird Monday in February and November ClinchFirst Monday in March and November CookFirst Monday in February and October Lanier: Second Monday in January and September ALCOVY CIRCUIT. HONS. THOMAS W. RIDGWAY, Chief Judge, Walton County Courthouse GREELEY ELLIS, Judge, Newton County Courthouse JOHN T. STRAUSS, D.A., Newton County Courthouse NewtonSecond and third Mondays in January, April, July and October WaltonFirst and second Monday in February, May, August and November ATLANTA CIRCUIT. HONS. LUTHER ALVERSON, Chief Judge, Fulton County Courthouse SAM P. MCKENZIE, OSGOOD O. WILLIAMS, JOHN S. LANGFORD, JOEL J. FRYER, RALPH H. HICKS, FRANK M. ELDRIDGE, WILLIAM W. DANIEL, ISAAC JENRETTE, CLARENCE COOPER, PHILIP F. ETHERIDGE, Judges, Fulton County Courthouse LEWIS R. SLATON, D.A., Fulton County Courthouse FultonFirst Monday in January, March, May, July, September and November ATLANTIC CIRCUIT. HONS. JOHN R. HARVEY, Chief Judge, Bryan County Courthouse JAMES E. FINDLEY, Judge, Tattnall County Courthouse DUPONT K. CHENEY, D.A., Liberty County Courthouse BryanThird Monday in March; first Monday in November EvansFirst Monday in February and August LibertyThird Monday in February and September LongFirst Monday in March; third Monday in August McIntoshFourth Monday in February and May; second Monday in September; first Monday in December TattnallThird Monday in April and October

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AUGUSTA CIRCUIT. HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Richmond County Courthouse FRANKLIN H. PIERCE, ALBERT MCELVEEN PICKETT, BERNARD J. MULHERIN, SR., Judges, Richmond County Courthouse SAM B. SIBLEY, JR., D.A., Richmond County Courthouse BurkeSecond Monday in May and November ColumbiaFourth Monday in March and September RichmondThird Monday in January, March, May, July, September and November BLUE RIDGE CIRCUIT. HONS. RICHARD B. NEVILLE, JR., Senior Judge, Forsyth County Courthouse FRANK C. MILLS, III, Judge, Cherokee County Courthouse RAFE BANKS, III, D.A., Forsyth County Courthouse CherokeeSecond Monday in January, May, and September FanninThird Monday in April, fourth Monday in August; first Monday in December ForsythFourth Monday in March and 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, Jeff Davis County Courthouse WILLIAM R. KILLIAN, A. BLEN TAYLOR, JR., Judges, Glynn County Courthouse GLENN THOMAS, JR., D.A., Wayne County Courthouse ApplingSecond and third Monday in February, third and fourth Monday in October CamdenFirst Monday in April and November GlynnSecond Monday in January, May and September Jeff DavisFirst and second Monday in March; fourth Monday in September; first Monday in October WayneThird and fourth Monday in April and November CHATTAHOOCHEE CIRCUIT. HONS. JOHN H. LAND, Presiding Judge, Muscogee County Courthouse E. MULLINS WHISNANT, KENNETH B. FOLLOWILL, ALBERT W. THOMPSON, Judges, Muscogee County Courthouse WILLIAM J. SMITH, D.A., Muscogee County Courthouse ChattahoocheeFourth Monday in March and September HarrisSecond Monday in January, May and September MarionFourth Monday in April and October MuscogeeFirst Monday in February, April, June, August, October, and December TalbotSecond Monday in March and November; third Monday in August TaylorFirst and second Monday in January and July

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CHEROKEE CIRCUIT. HONS. JERE F. WHITE, Chief Judge, Bartow County Courthouse TOM POPE, Judge, Gordon County Courthouse DARRELL WILSON, D.A., Gordon County Courthouse BartowFirst Monday in February and August; fourth Monday in April; Third Monday in October GordonFirst Monday in March, June and December; second Monday in September CLAYTON CIRCUIT. HONS. MARVIN A. MILLER, Chief Judge, Clayton County Courthouse JOE C. CRUMBLEY, WILLIAM H. BILL ISON, Judges, Clayton County Courthouse ROBERT E. KELLER, D.A., Clayton County Courthouse ClaytonFirst Monday in February, May, August and November COBB CIRCUIT. HONS. JAMES L. BULLARD, Chief Judge, Cobb County Courthouse WATSON WHITE, GRANT BRANTLEY, DOROTHY A. ROBINSON, Judges, Cobb County Courthouse TOM CHARRON, D.A., Cobb County Courthouse CobbSecond Monday in January, March, May, July, September and November CONASAUGA COURT. HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse CHARLES A. PANNELL, JR., Judge, Murray County Courthouse STEPHEN A. WILLIAMS, D.A., Whitfield County Courthouse MurraySecond Monday in February and August WhitfieldSecond Monday in January and July CORDELE CIRCUIT. HONS. WHITFIELD R. FORRESTER, Chief Judge, Crisp County Courthouse G. MALLON FAIRCLOTH, Judge, Crisp County Courthouse GARY C. CHRISTY, D.A., Dooly County Courthouse Ben HillSecond and third Monday in January; first and second Monday in April; third and fourth Monday in June and September and Monday following CrispThird and fourth Monday in February and Monday following; second, third, and fourth Monday in May; second and third Monday in August; second, third and fourth Monday in November DoolyFourth Monday in January and Monday following; third and fourth Monday in April; third and fourth Monday in July; third and fourth Monday in October WilcoxSecond and third Mondays in March; fourth Monday in August and Monday following; first and second Monday in December

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COWETA CIRCUIT. HONS. JOSEPH C. JACKSON, Chief Judge, Troup County Courthouse DEWEY SMITH, WILLIAM LEE, Judges, Carroll County Courthouse ART MALLORY, D.A., Troup County Courthouse CarrollFirst Monday in April and October CowetaFirst Monday in March; first Tuesday in September HeardThird Monday in March and September MeriwetherThird Monday in February, May, August and November TroupFirst Monday in February, May, August and November DOUGHERTY CIRCUIT. HONS. ASA D. KELLEY, JR., Chief Judge, Dougherty County Courthouse LEONARD FARKAS, Judge, Dougherty County Courthouse HOBART (HOBIE) HIND, D.A., Dougherty County Courthouse DoughertySecond Monday in January, March, May, July, September and November DUBLIN CIRCUIT. HONS. WILLIAM MALCOLM TOWSON, Chief Judge, Laurens County Courthouse DUBIGNION DOUGLAS, Judge, Laurens County Courthouse BEVERLY B. HAYES, JR., D.A., Laurens County Courthouse JohnsonThird Monday in March, June, September and December LaurensFourth Monday in January, April, July and October TreutlenThird Monday in February and August TwiggsSecond Monday in January, April, July and October EASTERN CIRCUIT. HONS. GEORGE E. OLIVER, Chief Judge, Chatham County Courthouse FRANK S. CHEATHAM, JR., PERRY BRANNEN, JR., EUGENE H. GADSDEN, Judges, Chatham County Courthouse SPENCER LAWTON, JR., D.A., Chatham County Courthouse ChathamFirst Monday in March, June, September and December FLINT CIRCUIT. HONS. SAM L. WHITMIRE, Chief Judge, Lamar County Courthouse R. ALEX CRUMBLEY, Judge, Henry County Courthouse E. BYRON SMITH, D.A., Lamar County Courthouse ButtsFirst and second Monday in February and November; first Monday in May; third and fourth Monday in August HenrySecond, third and fourth Monday in January, April, July and October LamarFirst and second Monday in March, June and December; second and third Monday in September MonroeThird and fourth Monday in February, May and November; first and second Monday in August

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GRIFFIN CIRCUIT. HONS. ANDREW J. WHALEN, JR., Chief Judge, Spalding County Courthouse BEN J. MILLER, Judge, Upson County Courthouse JOHNNIE L. CALDWELL, JR., D.A., Upson County Courthouse FayetteFirst Monday in March; second Monday in September PikeThird Monday in April and November SpaldingFirst Monday in February, June and October UpsonThird Monday in March and August; first Monday in November GWINNETT CIRCUIT. HONS. CHARLES C. PITTARD, Chief Judge, Gwinnett County Courthouse REID MERRITT, HOMER M. STARK, Judges, Gwinnett County Courthouse WILLIAM BRYANT HUFF, D.A., Gwinnett County Courthouse GwinnettFirst Monday in January, March, May, July and November; second Monday in September HOUSTON CIRCUIT. HONS. WILLIS B. HUNT, JR., Judge, Houston County Courthouse THERONE FINLAYSON, D.A., Houston County Courthouse HoustonFirst Monday in January, March, May, July, September and November LOOKOUT MOUNTAIN CIRCUIT. HONS. PAUL W. JOHNNY PAINTER, Chief Judge, Walker County Courthouse JOSEPH E. LOGGINS, Judge, Chattooga County Courthouse GARY B. ANDREWS, Judge, Walker County Courthouse DAVID L. (RED) LOMENICK, JR., D.A., Walker County Courthouse CatoosaFirst Monday in March, second Monday in September ChatoogaFirst Monday in February and August DadeFirst Monday in April, second Monday in October WalkerFirst Monday in May and November MACON CIRCUIT. HONS. C. CLOUD MORGAN, Chief Judge, Bibb County Courthouse GEORGE B. CULPEPPER, III, Judge, Peach County Courthouse WALKER P. JOHNSON, JR., Judge, Bibb County Courthouse THOMAS DAY WILCOX, JR., Judge, Bibb County Courthouse WILLIS SPARKS, D.A., Bibb County Courthouse BibbFirst Monday in February, April, June, August, October and December CrawfordThird and fourth Monday in March and October PeachFirst and second Monday in March and August; third and fourth Monday in November

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MIDDLE CIRCUIT. HONS. WALTER C. MCMILLAN, JR., Chief Judge, Washington County Courthouse MARVIN B. HARTLEY, JR., Judge, Toombs County Courthouse H. REGINALD THOMPSON, D.A., Emanuel County Courthouse CandlerFirst and second Monday in February and August EmanuelSecond Monday in January, April, July and October JeffersonSecond Monday in May and November ToombsFourth Monday in February, May, August and November WashingtonFirst Monday in March, June, September and December MOUNTAIN CIRCUIT. HONS. JACK N. GUNTER, Judge, Habersham County Courthouse V.D. STOCKTON, D.A., Rabun County Courthouse 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. RICHARD KENYON, Chief Judge, Hall County Courthouse JAMES E. PALMOUR, III, Judge, Hall County Courthouse JEFF C. WAYNE, D.A., Hall County Courthouse 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. HONS. WILLIAM F. GRANT, Chief Judge, Elbert County Courthouse GEORGE H. BRYANT, Judge, Madison County Courthouse CLEVE MILLER, D.A., Elbert County Courthouse ElbertThird Monday in January; fourth Monday in July FranklinThird Monday in March; first Monday in August; third Monday in October HartThird Monday in February and October; fourth Monday in May; third Monday in April and October MadisonThird Monday in February and August OglethorpeThird Monday in May and November

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OCMULGEE CIRCUIT. HONS JOSEPH B. DUKE, Chief Judge, Baldwin County Courthouse HUGH P. THOMPSON, Judge, Baldwin County Courthouse WILLIAM A. PRIOR, JR., Morgan County Courthouse JOSEPH H. BRILEY, D.A., Jones County Courthouse 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 OCONEE CIRCUIT. HONS. ROGER HUGH LAWSON, JR., Chief Judge, Pulaski County Courthouse PHILLIP R. WEST, Judge, Dodge County Courthouse JIM WIGGINS, D.A., Dodge County Courthouse 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 Monday in March and September; second Monday in June and December TelfairFourth Monday in February and June; third and fourth Monday in October WheelerSecond Monday in February and October; third Monday in June OGEECHEE CIRCUIT. HONS. WILLIAM COLBERT HAWKINS, Chief Judge, Screven County Courthouse FAYE SANDERS MARTIN, Judge, Bulloch County Courthouse J. LANE JOHNSTON, D.A., Bulloch County Courthouse BullochFirst Monday in February, May, August, and November EffinghamFirst Monday in June; and December JenkinsFirst Monday in March and September ScrevenSecond Monday in January; first Monday in April, July and October PATAULA CIRCUIT. HONS. F. PHILLIP SHEFFIELD, Presiding Judge, Early County Courthouse LOWERY F. STONE, Judge, Early County Courthouse CHARLES M. FERGUSON, D.A., Randolph County Courthouse 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

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PIEDMONT CIRCUIT. HONS. JAMES L. BROOKS, Judge, Jackson County Courthouse NAT HANCOCK, D.A., Jackson County Courthouse BanksFirst and second Monday in April and October BarrowFirst and second Monday in February and August; first Monday in May and November JacksonFirst and second Monday in March; second and third Monday in September ROME CIRCUIT. HONS. ROBERT L. ROYAL, Presiding Judge, Floyd County Courthouse JOHN A. FRAZIER, JR., ROBERT G. WALTHER, Judges, Floyd County Courthouse LARRY SALMON, D.A., Floyd County Courthouse Floyd: Second Monday in January, March, July and September; first Monday in May and November SOUTH GEORGIA CIRCUIT. HONS. ROBERT E. L. CULPEPPER, JR., Chief Judge, Mitchell County Courthouse ANTHONY WALLACE CATO, Judge, Decatur County Courthouse GILBERT J. MURRAY, D.A., Decatur County Courthouse 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, Colquitt County Courthouse W. G. (GUS) ELLIOTT, Judge, Lowndes County Courthouse ROY M. LILLY, Judge, Thomas County Courthouse H. LAMAR COLE, D.A., Lowndes County Courthouse 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

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SOUTHWESTERN CIRCUIT. HONS. WILLIAM F. BLANKS, Presiding Judge, Macon County Courthouse THAD W. GIBSON, Judge, Sumter County Courthouse JOHN R. PARKS, D.A., Sumter County Courthouse 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, Rockdale County Courthouse CLARENCE L. PEELER, JR., CURTIS V. TILLMAN, CLYDE HENLEY, KEEGAN FEDERAL, RICHARD BELL, HILTON FULLER, Judges, DeKalb County Courthouse BOB WILSON, D.A., DeKalb County Courthouse DeKalbFirst Monday in January, March, May, July, September and November RockdaleFirst Monday in February, May, August and November TALLAPOOSA CIRCUIT. HONS. DAN WINN, Chief Judge, Polk County Courthouse ROBERT J. NOLAND, Judge, Douglas County Courthouse ARTHUR W. FUDGER, Judge, Paulding County Courthouse W.A. (BILL) FOSTER, III, D.A., Paulding County Courthouse 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. HONS. W. J. FOREHAND, Chief Judge, Tift County Courthouse JOHN D. CROSBY, Judge, Tift County Courthouse THOMAS H. PITTMAN, D.A., Tift County Courthouse IrwinThird and fourth Monday in February; second and third Monday in May and November TiftFirst Monday in March and September; first and second Monday in June and December TurnerSecond and third Monday in January and July; second Monday in April and October WorthFourth Monday in January, April, July and October

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TOOMBS CIRCUIT. HONS. ROBERT L. STEVENS, Judge, McDuffie County Courthouse E. PURNELL DAVIS, III, Judge, Warren County Courthouse KENNETH E. GOOLSBY, D.A., McDuffie County Courthouse 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 WAYCROSS CIRCUIT. HONS. BEN A. HODGES, Senior Judge, Ware County Courthouse ELIE L. HOLTON, Judge, Coffee County Courthouse CLARANCE D. BLOUNT, Judge, Ware County Courthouse C. DEEN STRICKLAND, D.A., Ware County Courthouse 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. HONS. JAMES BARROW, Chief Judge, Clarke County Courthouse JOSEPH J. GAINES, Judge, Clarke County Courthouse HARRY N. GORDON, D.A., Oconee County Courthouse ClarkeSecond Monday in January, April, July and October OconeeSecond Monday in March and September

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TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Amendments proposed in 1981 repealed 2555 , 2557 Augusta, City of; ad valorem tax exemptions 2616 Baxley, City of; homestead exemptions 2653 Blekley County; election of members of board of education 2669 Cabbagetown Historic District; ad valorem taxation 2509 Camden County; homestead exemptions 2586 Chamblee, City of; homestead exemptions 2542 Chattooga County School District and Trion Independent School District; sales tax for educational purposes 2675 Cobb County; justices of the peace 2615 College Park, City of; homestead exemptions 2605 Colquitt County; tax for emergency medical services 2663 Columbia County; justices of the peace 2575 Constitution of 1983; proposed amendments 2551 Countywide library systems in certain counties (500,000 or more) 2547 Covington, City of; homestead exemptions 2568 Crisp CountyCordele Industrial Authority; members 2570 Crisp County; homestead exemptions 2564 DeKalb County; homestead exemptions 2657 , 2659 DeKalb County; justices of the peace 2573 Doraville, City of; homestead exemptions 2610 Effingham County; homestead exemptions 2634 Fulton CountyCity of Atlanta; ad valorem tax exemptions 2645 , 2647 Fulton County; building authority 2613 Fulton County; municipal recreational programs 2504 Glynn County; ordinances 2637 Griffin-Spalding County Board of Education; election of members, etc. 2680 Habersham County; sales tax for educational purposes 2566 Hapeville Development Authority 2524 , 2618 Henry County; ad valorem tax exemption 2609 Henry County; homestead exemptions 2515 , 2517 , 2519 Houston County; ad valorem taxes for educational purposes 2601 Houston County; sales tax for educational purposes 2600 Jefferson County; ad valorem taxation 2588 Lowndes County; business licenses 2593 Lowndes County; justices of the peace 2592 Lowndes County; street improvement bonds 2649 Macon, City of; pensions of firemen and police 2549 Meriwether County; justices of the peace 2582 Mitchell County School District and Pelham County School District; sales tax for educational purposes 2643 Moultrie-Colquitt County Development Authority; bonds 2578 Newton County; homestead exemptions 2640 Paulding County; homestead exemption for educational purposes 2511 Pierce County School District; homestead exemptions 2584 Pine Lake, City of; homestead exemptions 2590 Polk County; jurisdiction of justices of the peace 2513

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Powder Springs Downtown Development Authority 2505 Pulaski County; election of members of board of education 2664 Rabun County; sales tax for educational purposes 2522 Richmond County; merit system for sheriff's employees 2639 Schley County; justices of the peace 2598 Screven County; ad valorem tax exemptions 2635 Sovereign Immunity 2546 Spalding County; sales tax to finance public facilities, etc. 2677 Thomaston-Upson County Industrial Authority; projects 2607 Tift County and City of Tifton; charter commisison 2557 Towns County; sales tax for educational purposes 2540 Trion, City ofSales tax for educational purposes 2675 Union City; homestead exemptions 2597 Union County; sales tax for educational purposes 2507 Walton County; business licenses 2655 Ware County; county manager 2563 Whitfield County; homestead exemptions 2576 Whitfield County; merit system of personnel administration 2595 CODE SECTIONS 3-1004; amended 1150 Title 5A; amended 1463 5A-507; amended 521 , 1768 , 1855 5A-2901; amended 592 5A-2903; amended 1855 5A-5511; amended 1111 5A-5701; amended 1111 5A-6121; amended 511 15-302.1; enacted 1867 21-105; amended 585 , 590 Title 22; amended 886 22-1201; amended 694 Chapter 22-19; amended 807 22-1902; amended 696 22-1907; amended 696 22-5106; amended 1197 23-1705; amended 686 24-1716.2; enacted 552 24-1804; amended 1617 24-1901; amended 1369 24-2704; amended 877 Chapter 24-27A; amended 1204 24-2811; amended 1779 24-2813.1; enacted 991 24-2823; amended 1659 Chapter 24A-25; amended 1871 24A-3503; amended 928 Title 26; amended 1385 26-1302; amended 1242

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26-1701; amended 1661 26-1714; amended 1661 26-1812; amended 1371 26-2615; amended 974 26-2714; enacted 2214 26-2907; amended 789 26-2914; amended 1171 27-401; amended 493 Chapter 27-15; amended 1476 27-2511.1; amended 1271 32-904; amended 589 32-913; enacted 515 32-942.1; amended 1693 Chapter 32-37; amended 1699 Chapter 32-49; amended 1699 34-403; amended 437 34-508; amended 513 34-603; amended 850 34-610; amended 442 34-632; amended 688 34-1013; amended 897 Chapter 35-10; amended 922 38-418; amended 1077 38-1606; amended 1187 41A-102; amended 2496 41A-3520; amended 1085 45-527; amended 1619 47-101; amended 452 47-102; amended 444 Chapter 49-6; amended 796 49-606; amended 1221 50-127; amended 786 53-202.1; enacted 950 Title 56; amended 1678 56-407B; enacted 802 56-414; amended 1624 56-1022.1; enacted 1217 56-1040; amended 1199 56-1715; amended 1199 56-1817; amended 1199 56-2703; amended 822 57-109; amended 420 59-104; amended 548 59-105; amended 1230 59-201; amended 779 59-601A; amended 541 59-704.1; amended 800 Chapter 68-2; amended 1584 68-502; amended 827 68-503; amended 410 68A-802; amended 1290

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68A-903; amended 1694 68A-1507; amended 1694 68B-307; amended 1633 68B-312; amended 1601 Title 68C; amended 1751 68C-608; amended 1624 Chapter 69-4; amended 502 74-109; amended 1369 74-110; amended 1369 79-403; amended 805 Title 79A; amended 1156 , 1264 , 2403 84-203; amended 1782 Chapter 84-3; amended 1019 84-311A; amended 1686 84-321; amended 903 Chapter 84-5; amended 2333 84-602; amended 1621 84-702; amended 1056 84-902(d); enacted 2266 Chapter 84-14; amended 1001 84-1002; amended 2500 84-1102; amended 1278 Chapter 84-15; amended 1065 84-2104; amended 2308 84-2124; amended 2483 Chapter 84-40; amended 2378 Title 88; amended 937 88-110; amended 1592 88-301A; amended 1667 88-302A; amended 1667 88-1202; amended 1077 Chapter 88-17; amended 723 Chapter 88-18; amended 712 88-1901; amended 864 88-1903; amended 864 88-1913; amended 1249 Chapter 88-19D; enacted 2248 88-3114; amended 692 88-4010; amended 2378 89-426; amended 1779 Chapter 90-2; amended 892 90-210; amended 702 91-110a; amended 857 Title 91A; amended 575 , 999 91A-1028.1; enacted 2382 91A-1328; amended 996 91A-1361; amended 1114 91A-1370; amended 996 91A-1373; amended 2244 91A-1705; amended 996 , 1853 91A-1921; amended 1376

Page 2721

91A-5303.1; enacted 422 93-210; amended 1063 Chapter 93-3; amended 412 93A-202a; amended 1174 101-205; amended 702 105-104.1; enacted 1283 105-1807; amended 2211 Title 114; amended 2360 , 2485 OFFICIAL CODE OF GEORGIA ANNOTATED Code Revision Amendment 3 , 2107 1-2-7; amended 826 1-4-1; amended 986 2-1-4; amended 1232 Title 3; amended 1463 3-3-7; amended 521 , 1768 , 1853 3-3-20; amended 890 3-4-90; amended 592 3-4-92; amended 1853 3-6-21.1; amended 1111 3-6-50; amended 1111 3-7-43; amended 511 4-5-26; amended 1862 4-5-58; amended 1862 Title 4, Chapter 6; amended 1804 5-6-4; amended 1186 Title 7, Chapter 1; amended 2219 7-1-4; amended 2496 7-1-293; amended 1781 7-1-789; amended 1085 Title 7, Chapter 4; amended 488 7-4-17; amended 420 Title 8, Chapter 2; amended 1376 , 1637 8-2-24; amended 698 Title 8, Chapter 3; amended 1716 , 1813 , 2228 8-3-5; amended 508 8-3-50; amended 1087 8-3-52; amended 906 Title 8, Chapter 9; enacted 1578 Title 9, Chapter 11; amended 2374 9-11-41; amended 784 9-12-23; enacted 1262 9-14-42; amended 786 9-14-48; amended 786 9-15-2; amended 933 Title 10, Chapter 1; amended 1689 10-1-591; amended 1073 Title 10, Chapter 4; amended 2286 10-5-9; amended 1178 Title 10, Chapter 9; amended 1122 Title 12, Chapter 3; amended 2076 12-3-199; amended 1864 Title 12, Chapter 5; amended 2339

Page 2722

12-5-31; amended 2304 12-5-105; amended 2306 12-6-63; amended 984 Title 12, Chapter 8; amended 2389 Title 13, Chapter 8; amended 1753 , 1791 13-10-1; amended 686 Title 14; amended 886 14-2-250; amended 694 14-5-7; amended 1197 Title 14, Chapter 6; amended 807 14-6-2; amended 696 14-6-7; amended 696 15-6-1; amended 439 15-6-2; amended 428 , 434 , 436 , 501 15-6-3; amended 536 , 546 15-6-8; amended 974 15-6-25; amended 1486 15-6-56; amended 877 15-6-77; amended 879 15-6-89; amended 1180 15-7-5; amended 1287 15-7-9; amended 518 Title 15, Chapter 9; amended 1612 15-9-1.1; enacted 682 15-9-11.1; enacted 544 15-9-30; amended 1369 , 1502 15-9-37; amended 1617 15-9-60(e); enacted 552 Title 15, Chapter 11; amended 1871 , 2199 15-11-60; amended 928 15-12-23; amended 548 15-12-24; amended 1230 15-12-60; amended 779 15-12-102; amended 541 15-12-132; amended 800 15-15-4.1; amended 1204 15-16-20; amended 1267 15-16-21; amended 1659 15-16-23; amended 1779 15-16-26; amended 425 15-16-27; enacted 991 15-18-17; amended 1486 Title 15, Chapter 22; enacted 1737 Title 16; amended 1385 16-5-21; amended 1242 16-5-40; amended 970 16-5-45; amended 970 16-5-80; enacted 2499 16-8-12; amended 1371 16-11-64; amended 2319 16-11-130; amended 789

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16-11-131; amended 1171 16-12-1; amended 968 16-12-20; amended 1661 16-12-32; amended 2325 16-12-36; amended 1661 16-12-36; enacted 2214 Title 16, Chapter 13; amended 2370 16-13-21; amended 1264 , 2403 16-13-25; amended 2403 16-13-26; amended 2403 16-13-27; amended 2403 16-13-28; amended 2403 16-13-31; amended 2215 16-13-32; amended 2359 16-13-49; amended 2273 , 2325 16-13-71; amended 2403 16-13-74; amended 2403 Title 17, Chapter 5; amended 2336 Title 17, Chapter 6; amended 1136 , 1224 17-6-1; amended 910 17-6-30; amended 1254 17-6-70; amended 1658 17-6-72; amended 1658 Title 17, Chapter 7; amended 1224 17-7-20; amended 493 17-7-131; amended 1476 17-10-6; amended 1271 17-12-7; amended 1181 19-2-3; amended 805 19-3-33.1; enacted 950 19-9-4; amended 1189 Title 19, Chapter 11; amended 1207 19-11-9; amended 1105 19-11-19; amended 1204 19-13-4; amended 2300 Title 20, Chapter 2; amended 836 20-2-53; amended 1175 20-2-55; repealed 934 20-2-183; amended 776 20-2-250; amended 603 20-2-282; amended 1110 20-2-942; amended 2188 20-2-1074; amended 1693 Title 20, Chapter 3; amended 1699 20-3-475; enacted 1860 Title 20, Chapter 7; amended 684 20-8-5; enacted 515 Title 21; amended 1512 Title 21; Chapter 2; amended 1292 21-2-72; amended 437 21-2-98; amended 513

Page 2724

21-2-131; amended 897 21-2-211; amended 850 21-2-218; amended 442 21-2-241; amended 688 Title 21, Chapter 3; amended 1670 21-4-6; amended 1653 21-4-7; amended 1653 24-9-2; amended 1187 24-9-40; amended 1077 24-10-27; amended 982 Title 25, Chapter 2; amended 479 25-2-33.1; enacted 792 25-4-8; amended 989 Title 25, Chapter 6; amended 955 25-9-2; amended 1577 Title 25, Chapter 11; enacted 1212 26-2-88; amended 980 Title 26, Chapter 4; amended 1156 26-4-2; amended 1264 26-4-101; amended 2403 26-4-112; amended 2403 Title 27; amended 1629 , 1729 27-3-15; amended 1263 27-3-19; amended 1619 27-3-63; amended 988 Title 27, Chapter 4; amended 1771 28-5-42; amended 1116 28-5-43; amended 1116 28-5-85; enacted 930 Title 29, Chapter 5; amended 796 29-5-6; amended 1221 Title 30, Chapter 2; amended 830 31-2-4; amended 1592 31-3-2; amended 506 31-5-20; amended 1667 31-5-21; amended 1667 31-7-1; amended 864 31-7-9; amended 1249 31-7-75; amended 712 Title 31, Chapter 10; amended 723 31-11-8; amended 692 31-12-2; amended 1077 Title 31, Chapter 22; amended 1081 31-22-3; amended 2376 Title 31, Chapter 23; amended 1499 Title 31, Chapter 30; enacted 2321 Title 33; amended 615 , 650 , 1678 Title 33, Chapter 3; amended 1244 33-7-11.1; enacted 802 33-7-15; amended 1624 Title 33, Chapter 9; amended 644

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33-11-25.1; enacted 1217 33-11-36; amended 1199 33-16-13; amended 856 33-18-25; amended 1199 33-19-17; amended 1199 33-22-16; amended 1054 33-27-2; amended 822 Title 33, Chapter 34; amended 1234 34-2-14; enacted 1093 34-2-15; enacted 1093 Title 34, Chapter 8; amended 1023 Title 34, Chapter 9; amended 644 , 2360 , 2485 35-3-30; amended 952 35-3-33; amended 952 Title 35, Chapter 8; amended 2478 35-9-15; enacted 1089 36-2-2; enacted 825 36-5-23; enacted 533 , 588 36-15-7; amended 1103 36-15-9; amended 1103 36-15-9; enacted 520 36-15-9(c); enacted 591 36-15-12; enacted 586 36-30-12; amended 1177 Title 36, Chapter 39; amended 502 Title 36, Chapter 62; amended 1706 Title 36, Chapter 62A; enacted 1726 36-80-15; enacted 853 36-82-122; amended 1603 Title 37; amended 937 37-8-53; amended 782 Title 40, Chapter 2; amended 1584 40-2-28; amended 964 40-2-74; amended 1118 40-2-90; amended 720 Title 40, Chapter 3; amended 403 40-3-24; amended 1784 40-3-35; amended 1676 40-5-57; amended 1633 40-5-58; amended 867 40-5-63; amended 1601 40-6-181; amended 1290 40-6-376; amended 1694 40-6-393; amended 1694 40-9-103; amended 1624 40-11-5; amended 1650 40-20-2; amended 830 Title 42, Chapter 5; amended 1364 42-5-2; amended 1361 42-6-1; amended 1373 Title 42, Chapter 8; amended 1257 , 1807

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42-8-35.1; amended 1097 42-8-35.1; enacted 2283 42-8-43.1; enacted 1605 42-9-60; enacted 1356 Title 43; amended 430 43-3-38; amended 1782 Title 43, Chapter 4; amended 1019 43-4-14; amended 903 Title 43, Chapter 7; amended 1597 Title 43, Chapter 9; amended 2333 Title 43, Chapter 11; amended 1056 Title 43, Chapter 15; amended 2271 43-15-23; amended 2269 43-15-24; amended 2483 43-15-31; amended 2308 Title 43, Chapter 17; amended 922 Title 43, Chapter 23; amended 2378 Title 43, Chapter 24; amended 1493 43-26-4; amended 2500 43-26-13; amended 2500 43-26-39; amended 2222 Title 43, Chapter 28; amended 2224 Title 43, Chapter 30; amended 1278 Title 43, Chapter 33; amended 1416 Title 43, Chapter 34; amended 2266 43-34-103; amended 1148 Title 43, Chapter 35; amended 1621 43-36-16; amended 1582 Title 43, Chapter 37; amended 1504 43-39-1; amended 1589 Title 43, Chapter 40; amended 1001 Title 43, Chapter 42; amended 1644 43-42-5.1; enacted 798 43-47-16; amended 834 Title 43, Chapter 50; amended 1065 Title 44, Chapter 3; amended 1431 44-7-50; amended 1228 44-7-51; amended 1228 44-7-53; amended 1134 44-7-54; amended 1134 44-7-72; amended 1134 44-10-2; amended 1227 44-12-214; amended 1787 Title 44, Chapter 14; amended 915 44-14-361; amended 1144 44-14-411; amended 920 44-14-530; amended 1144 45-4-2; amended 1779 45-7-4; amended 1255 45-12-93; amended 1288 45-16-36; amended 718

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45-16-45; amended 959 45-17-5; amended 1106 45-17-6; amended 1106 45-19-46; enacted 1253 Title 45, Chapter 20; amended 2274 45-20-2; amended 1251 45-20-8; amended 1245 46-1-1; amended 410 , 827 46-2-10; amended 1063 46-2-41; amended 1174 Title 46, Chapter 3; amended 412 46-3-11; amended 1686 46-8-232; amended 1183 Title 47, Chapter 2; amended 1163 47-3-1; amended 684 , 965 47-3-23; amended 978 47-3-42; amended 975 47-3-63; amended 965 47-3-66; amended 1610 47-3-87.1; amended 1192 47-3-89; amended 1095 47-4-40; amended 965 47-8-1; amended 497 Title 47, Chapter 9; amended 1568 47-9-74; amended 497 47-10-40; amended 961 Title 47, Chapter 11; amended 2207 47-14-40; amended 1273 47-14-77; amended 1273 47-16-24; amended 1060 47-16-26; amended 925 47-16-103; amended 1607 47-17-81; amended 2367 47-17-82; amended 2362 48-3-9; amended 1184 48-3-10; amended 1184 Title 48, Chapter 5; amended 575 48-5-18; amended 537 , 999 , 1108 48-5-24; amended 936 48-5-30; enacted 595 , 2382 48-5-45; amended 1108 48-5-45; repealed 531 48-5-48.1; enacted 1101 48-5-100.1; enacted 543 48-5-137; amended 999 48-5-161; amended 1114 48-5-180; amended 996 48-5-183; amended 2244 48-5-404; amended 1853 48-5-405; amended 996 48-7-29.1; enacted 2497

Page 2728

48-10-3.1; enacted 422 49-2-7; amended 833 49-3-8; amended 881 Title 49, Chapter 4; amended 2248 49-4-3; amended 883 49-4-17.1; enacted 1281 49-4-149.1; enacted 824 Title 49, Chapter 5; amended 706 49-5-19; amended 1120 49-8-7; enacted 1285 49-9-1; amended 833 50-2-23.1; enacted 1867 50-3-4.1; enacted 913 50-5-3; amended 843 Title 50, Chapter 8; amended 2310 50-11-10; amended 702 Title 50, Chapter 12; amended 1153 50-13-15; amended 871 Title 50, Chapter 14; amended 1810 50-16-43; amended 857 Title 50, Chapter 18; amended 892 , 1789 50-18-31; amended 702 Title 50, Chapter 21; enacted 2261 50-21-1; enacted 495 Title 51, Chapter 1; amended 2495 51-1-30; amended 1150 51-1-36; enacted 1283 51-2-3; amended 849 51-11-8; amended 2211 52-7-13; amended 873 COURTS SUPREME COURT Costs, affidavits of indigence 1186 Publication of reports 892 COURT OF APPEALS Costs, affidavits of indigence 1186 Publication of reports 892 SUPERIOR COURTS Alcovy Circuit; court reporter's compensation 538 Atlantic Circuit; additional judge 428 Chattahoochee Circuit; terms in Taylor County 536 Clerks' compensation 1180 Clerks' compensation in certain counties (32,300-32,800) 4536 Clerks' Retirement System Act amended 1273 Clerks, vacancies 877 Cobb Circuit; additional judge 434 Cordele Circuit; additional judge 501

Page 2729

Distribution of Appellate Court Reports, Ga. Laws, etc. 702 District Attorneys; compensation in certain counties (18,200-18,900) 581 District Attorneys; compensation in certain counties (19,200-19,400) 581 Dublin Circuit; grand juries 547 Fees for filing financing statements 879 Griffin Circuit; judges' compensation 596 Gwinnett Circuit; additional judge 436 Judges Retirement System Act amended 497 , 1568 Jury clerks in certain counties (175,000-185,000) 548 Lookout Mountain Circuit; court reporter's salary 526 Piedmont Circuit; compensation of judge 523 Piedmont Circuit; judge's supplement from Banks County 582 Punishment for contempt 974 Rockdale Circuit; created 439 Rome Circuit; additional judge 501 Rome Circuit; grand jury 534 Secretaries of judges and district attorneys 1486 Sentence review panels, etc. 1271 Southwestern Circuit; terms in Sumter County 546 Stone Mountain Circuit; Rockdale Circuit created 439 Storage of records by clerks in certain counties (550,000 or more) 3857 Whitfield; judge to sit as juvenile court judge 509 CIVIL COURTS Richmond County; costs, etc. 3738 JUVENILE COURTS Judges compensation in certain counties (190,000-210,000) 4382 Juvenile Court Code amended 1871 , 2199 PROBATE COURTS Appointment of guardians ad litem 796 Disposition of fines, etc. in certain counties (13,700-13,900) (15,200-15,400) 4581 Executive Probate Judges Council of Georgia 1612 Fees in certain counties (25,400-25,900) 552 Judges' compensation in certain counties (190,000-210,000) 4382 Judges' retirement 2207 Judges' salaries in certain counties (550,000 or more) 3626 Judges' training 682 Jurisdiction 1502 Jurisdiction, controversies relating to legitimate children 1369 Records 1617 Vacancies in certain counties (160,000-169,000) 544 , 4303 STATE COURTS Clarke County; Act amended 4071 Clayton County; compensation of judge and solicitor 4481 Clerks' compensation 1180 Cobb County; accusations 3725 Cobb County; additional judge 3610

Page 2730

Cobb County; assistant solicitors 3763 Cobb County; compensation of chief deputy clerk 4107 Cobb County; court costs 4166 Cobb County; magistrates 3621 Coweta County; compensation of judge and solicitors 3508 DeKalb County; agency to provide legal services to the poor 4162 DeKalb County; transfer of cases from superior court 4322 Dougherty County; judge's compensation 3562 Effingham County; salaries of judge and solicitor 2938 Glynn County; compensation of personnel, etc. 4633 Hall County; compensation of judge and solicitor 3852 Judges' compensation in certain counties (190,000-210,000) 4382 Macon County; compensation of judge and solicitor 4063 Polk County; abolished 4537 Retired judges may perform marriage ceremonies 1287 Terms in certain counties (350,000-500,000) 518 Troup County; judge and solicitor's compensation 4350 Washington County; compensation of judge and solicitor 4103 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling; board of commissioners, referendum 4642 Baldwin; land conveyance to board of education 1315 Baldwin; small claims court Act amended 3803 Banks; compensation of tax commission 3897 Banks; superior court judge's supplement 582 Bartow; board of education, referendum 4589 Bartow; compensation of board of education, referendum 4584 Bartow; superintendent of schools, referendum 4586 Ben Hill; city-county development authority Act amended 4859 Bibb; board of education and orphanage, purchase and sale of property 5049 Bibb; board of education districts, referendum 4625 Bibb; board of public education and orphanage, referendum 4406 Bibb; city-county water and sewerage authority, employees' pension plan amended 4157 Bibb; commissioner districts, etc. 3728 Bibb; transit authority Act of 1980 amended 4339 Bibb; water and sewerage authority Act amended 4255 , 4409 Bleckley; election of members of board of education, proposed amendment to the Constitution 2669 Brooks; fire protection districts 4038 Bryan; members of board of commissioners, referendum 4270 Bryan; office of treasurer abolished, referendum 4285 Bulloch; compensation of clerk of probate court 4497 Bulloch; compensation of clerks of board of commissioners 4493 Bulloch; compensation of employees of clerk of superior court 3947 Bulloch; compensation of sheriff's deputies, etc. 3950 Bulloch; compensation of tax commisioner's employees 3943 Bulloch; small claims court Act amended 4832 Burke; compensation of coroner 4439

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Burke; small claims court Act amended 4428 Butts; land conveyance 2197 Butts; quitclaim 1349 Butts; terms of board of commissioners 4790 Calhoun; small claims court 3503 Camden; homestead exemptions, proposed amendment to the Constitution 2586 Catoosa; compensation of tax commissioner's clerical assistants 4618 Catoosa; fiscal administration of sheriff's office 5114 Catoosa; hospital authority Act amended, members 4531 Charlton; compensation of tax commissioner 3929 Charlton; land conveyance 1339 Chatham; city-county school system, districts 4139 Chatham; compensation of clerk of probate court 4138 Chattahoochee; compensation of board of commissioners 4510 Chattooga; disposal of county property 4085 Chattooga; sales tax for educational purposes, proposed amendment to the Constitution 2675 Cherokee; board of education, referendum 3602 Cherokee; compensation of county commissioner 4484 Cherokee; compensation of named officers 4578 Clarke; appeals from magistrates' court 4068 Clarke; members of hospital authority, etc. 3705 Clarke; state court Act amended 4071 Clayton; civil service system Act amended 3723 Clayton; compensation of chairman of board of commissioners 4473 Clayton; compensation of judge and solicitor of state court 4481 Clayton; compensation of judge of probate court 4476 Clayton; compensation of sheriff and clerk of superior court, etc. 4478 Clayton; members of board of education, referendum 4431 Clayton; tax commissioner's compensation, etc. 4471 Clayton; water authority Act amended 3721 Cobb; additional judge of state court 3610 Cobb; assistant solicitors of State Court 3763 Cobb; board of commissioners, meetings, etc. 4111 Cobb; civil service board members, etc. 4074 Cobb; commissioner districts 4550 Cobb; compensation of chief deputy clerk of state court 4107 Cobb; justices of the peace, proposed amendment to the Constitution 2615 Cobb; meetings of board of education 4066 Cobb; South Cobb Development Authority Act 3772 Cobb; state court, accusations 3725 Cobb; state court court costs 4166 Cobb; state court magistrates 3621 Colquitt; Moultrie-Colquitt County Development Authority bonds, proposed amendment to the Constitution 2578 Colquitt; tax for emergency medical services, proposed amendment to the Constitution 2663 Columbia; justices of the peace, proposed amendment to the Constitution 2575 Cook; election etc. of school superintendent, referendum 3749 Coweta; compensation of judge and solicitors of State court 3508

Page 2732

Crisp; Crisp County-Cordele Industrial Authority, members, proposed amendment to the Constitution 2570 Crisp; homestead exemptions, proposed amendment to the Constitution 2564 Crisp; small claims court Act amended 4193 Dade; compensation of deputies of clerk of superior court 4417 Dade; compensation of probate court deputies, etc. 4414 Dade; compensation of tax commissioner's personnel 4419 Dade; hospital authority Act amended, members 4531 Dawson; deputy clerk of superior court, clerk of probate court, salaries 3616 Decatur; small claims court Act amended 4334 DeKalb; agency to provide legal services for the poor in State Court 4162 DeKalb; commissioner districts 4235 DeKalb; community college, referendum 4239 DeKalb; election districts, etc. 4325 DeKalb; election of probate court judge 4131 DeKalb; homestead exemptions, proposed amendment to the Constitution 2657 , 2659 DeKalb; justices of the peace, proposed amendment to the Constitution 2573 DeKalb; recorder's court deputy clerks 4599 DeKalb; school board districts, etc. 3797 DeKalb; special services tax districts 4396 DeKalb; transfer of cases from superior court to state court 4322 Dodge; compensation of named officers and officials 4031 Dooly; small claims court Act amended 3885 Dougherty; commission districts 3519 Dougherty; state court judge's compensation 3562 Douglas; board of education districts, referendum 4786 Douglas; magistrate's court 4659 Early; compensation of board of commissioners 3846 Effingham; homestead exemptions, proposed amendment to the Constitution 2634 Effingham; salaries of judge and solicitor of state court 3938 Elbert; small claims court Act amended 4009 Emanuel; board of education, referendum 4049 Emanuel; clerk of superior court placed on salary basis 4794 Emanuel; development authority Act amended 4861 Fayette; small claims court Act amended 3923 Floyd; election of judge of juvenile court 4190 Forsyth; purchases by county authorities 4792 Franklin; board of education and superintendent, referendum 3753 Fulton; ad valorem tax exemptions, proposed amendment to the Constitution 2645 , 2647 Fulton; board of commissioners 4148 Fulton; building authority, proposed amendment to the Constitution 2613 Fulton; chief clerk of probate court 4392 Fulton; county-wide Library system 4174 Fulton; municipal recreational programs, proposed amendment to the Constitution 2504 Fulton; pension system Act amended 4829 Fulton; personnel board, etc. 4896 Glynn; board of commissioners 4570 Glynn; city-county charter commission, time in which to complete work 4087

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Glynn; compensation of clerk of superior court and personnel 5046 Glynn; compensation of sheriff, etc. 3881 Glynn; compensation of tax commissioner, etc. 3870 Glynn; Glynn-Brunswick Hospital Authority, members 5051 Glynn; juvenile court judge's salary 4548 Glynn; magistrate's court 5096 Glynn; ordinances, proposed amendment to the Constitution 2637 Glynn; state court personnel, etc. 4633 Gwinnett; airport authority Act amended 4544 Gwinnett; board of education, referendum 3510 Gwinnett; building authority Act amended 4546 Gwinnett; public facilities authority Act amended 4672 Gwinnett; recreation authority Act amended 4674 Gwinnett; water and sewerage authority Act amended 4670 Habersham; land conveyance to board of education 1309 Habersham; sales tax for educational purposes, proposed amendment to the Constitution 2566 Habersham; tax commissioners 3702 Hall; city-county development authority Act amended 4300 Hall; compensation of judge and solicitor of State Court 3852 Hancock; compensation of judge of probate court and clerk of superior court, etc. 3866 Hancock; compensation of tax commissioner, etc. 3864 Hancock; small claims court Act amended 3787 Haralson; compensation of county commissioner 3700 Haralson; members of board of education, referendum 4523 Haralson; sheriff's compensation 4604 Hart; tax commissioner placed on salary basis 3736 Heard; small claims court 4199 Henry; ad valorem tax exemption, proposed amendment to the Constitution 2609 Henry; board of commissioners Act amended 4094 Henry; development authority Act amended 4078 Henry; election districts, etc. 3638 Henry; homestead exemptions, proposed amendment to the Constitution 2515 , 2517 , 2519 Henry; small claims court Act amended 3733 Henry; water and sewerage authority Act amended 4081 Houston; ad valorem taxes for educational purposes, proposed amendment to the Constitution 2601 Houston; sales tax for educational purposes, proposed amendment to the Constitution 2600 Irwin; compensation of clerk and secretary of board of commissioners 4057 Irwin; compensation of deputy sheriffs 4055 Jackson; merger of school districts, referendum 4012 Jefferson; ad valorem taxation, proposed amendment to the Constitution 2588 Jenkins; small claims court Act amended 4450 Lamar; compensatin of tax commissioner 4491 Lamar; coroner placed on salary basis 4489 Laurens; compensation of tax commissioner 4109 Laurens; sheriff's compensation 4469 Laurens; small claims court Act amended 4197

Page 2734

Lincoln; chairmen of board of commissioners 4092 Lincoln; compensation of tax commissioner 4517 Lowndes; board of commissioners, referendum 3582 Lowndes; business licenses, proposed amendment to the Constitution 2593 Lowndes; jurisdiction of small claims court 3619 Lowndes; justices of the peace, proposed amendment to the Constitution 2592 Lowndes; street improvement bonds, proposed amendment to the Constitution 2649 Lumpkin; board of education, referendum 4277 Lumpkin; compensation of county commissioner 3859 Lumpkin; compensation of judge of probate court and clerk of superior court 4006 Lumpkin; compensation of tax commissioner 4001 Lumpkin; sheriff's compensation 4003 Lumpkin; superintendent of schools, referendum 4274 Macon; compensation of judge and solicitor of state court 4063 Marion; compensation of board of commissioners 4640 Meriwether; justices of the peace, proposed amendment to the Constitution 2582 Miller; compensation of board of commissioners 4247 Mitchell, sales tax for educational purposes, proposed amendment to the Constitution 2643 Montgomery; board of commissioners, districts, etc. 4115 Morgan; board of commissioners election districts 4184 Morgan; coroner's salary 3766 Morgan; small claims court Act amended 3768 Newton; homestead exemptions, proposed amendment to the Constitution 2640 Newton; jurisdiction of probate court 4441 Newton; land conveyance 1341 Oconee; public utility authority Act amended 4568 Paulding; compensation of tax commissioner 4232 Paulding; homestead exemption for educational purposes, proposed amendment to the Constitution 2511 Pickens; compensation of clerk of superior court 4503 Pickens; compensation of county commissioners 4501 Pickens; compensation of judge of probate court 4506 Pickens, compensation of sheriff 4508 Pickens; compensation of tax commissioner 4505 Pierce; school board and superintendent, referendum 4649 Pierce; school district homestead exemptions, proposed amendment to the Constitution 2584 Pike; compensation of clerk of superior court 4230 Pike; compensation of probate court judge 4223 Pike; compensation of tax commissioner 4225 Pike; sheriff's compensation 4221 Pike; small claims court Act amended 4218 Polk; compensation of board of commissioners 4216 Polk; deputy sheriffs 4668 Polk; jurisdiction of justices of the peace, proposed amendment to the Constitution 2513 Polk; state court abolished 4537 Pulaski; county-city development authority members 4209

Page 2735

Pulaski; election of members of board of education, proposed amendment to the Constitution 2664 Pulaski; school superintendent, referendum 4638 Putnam; coroner's salary 3844 Putnam; small claims court created 3899 , 4258 Rabun; compensation of tax commissioner 4293 Rabun; sales tax for educational purposes, proposed amendment to the Constitution 2522 Richmond; civil court costs, etc. 3738 Richmond; compensation of named officials 3941 Richmond; merit system advisory commission 5070 Richmond; merit system for sheriff's employees, proposed amendment to the Constitution 2639 Rockdale; board of commissioners, compensation 4845 Rockdale; clerk of superior court, compensation 4847 Rockdale; coroner's compensation 4843 Rockdale; magistrate's court 4040 Rockdale; probate court judge's compensation 4839 Rockdale; public defender's compensation 4867 Rockdale; sheriff's compensation 4841 Rockdale; tax commissioner's compensation 4837 Schley; justices of the peace, proposed amendment to the Constitution 2598 Screven; ad valorem tax exemptions, proposed amendment to the Constitution 2635 Seminole; compensation of clerk of superior court 3848 Seminole; sheriff's compensation 4665 Spalding; election of members of Griffin-Spalding County Board of Education, proposed amendment to the Constitution 2680 Spalding; sales tax to finance public facilites, etc., proposed amendment to the Constitution 2677 Spalding; small claims court Act amended 4864 Spalding; water and sewerage facilities authority Act 4987 Stewart; compensation of county commissioners 3890 Stewart; compensation of deputy sheriff 4512 Sumter; sheriff's salary 3612 Sumter; small claims court Act amended 3919 Sumter; superior court terms 546 Sumter; tax commissioner's salary 3614 Taylor; probate court personnel 4621 Taylor; superior court clerk's personnel 4623 Taylor; superior court terms 536 Telfair; board of education, terms, vacancies, etc. 3854 Terrell; small claims court Act amended 3913 Terrell; tax commissioner's compensation 4443 Tift; charter commission proposed amendment to the Constitution 2557 Towns; sales tax for educational purposes, proposed amendment to the Constitution 2540 Troup; compensation of judge and solicitor of state court 4350 Troup; coroner's compensation 4348 Troup; Mountville Water Authority Act 4452 Troup; salaries of named officials 4342

Page 2736

Troup; small claims court Act amended 4345 Twiggs; board of education members, referendum 3627 Twiggs; compensation of board of commissioners 3689 Twiggs; compensation of clerk of superior court, etc. 3680 Twiggs; compensation of judge of probate court, etc. 3696 Twiggs; compensation of tax commissioners, etc. 3692 Twiggs; election of board of commissioners, etc. 3632 Twiggs; sheriff's compensation, etc. 3684 Union; clerk of superior court placed on salary basis 3568 Union; judge of probate court placed on salary basis 3573 Union; sales tax for educational purposes, proposed amendment to the Constitution 2507 Union; sheriff placed on salary basis 3575 Union; tax commissioners placed on salary basis 3564 Upson; city county board of tax assessors Act amended 4228 Upson; compensation of board of commissioners 4616 Upson; Thomaston-Upson County Industrial Authority, proposed amendment to the Constitution 2607 Walker; employees of clerk of superior court 4421 Walker; hospital authority Act amended, members 4531 Walker; small claims court created 4926 Walton; business licenses, proposed amendment to the Constitution 2655 Walton; small claims court Act amended 4575 Ware; county manager, proposed amendment to the Constitution 2563 Warren; compensation of board of commissioners 4515 Warren; compensation of deputy clerk of superior court 4061 Warren; compensation of tax commissioner's employees 4214 Washington; compensation of commissioners, purchases, etc. 4134 Washington; compensation of judge and solicitor of state court 4103 Wayne; board of commissioners, referendum 4717 Wayne; election of board of commissioners, referendum 3789 Webster; commissioner's expenses 3892 Webster; compensation of tax commissioner, etc. 3894 Wheeler; board of education, referendum 4126 Wheeler; employees of clerk of superior court 4120 Wheeler; sheriff's employees 4122 Wheeler; tax commissioner's compensation 4124 Wheeler; tax commissioner's employees 4118 Whitfield; compensation of clerk of superior court and judge of probate court 4288 Whitfield; coroner's compensation 4291 Whitfield; homestead exemptions, proposed amendment to the Constitution 2576 Whitfield; judge of superior court to sit as judge of juvenile court 509 Whitfield; merit system of personnel administration, proposed amendment to the Constitution 2595 Wilcox; sheriff's salary 3590 Worth; board of commissioners, referendum 3715 COUNTIES AND COUNTY MATTERS BY POPULATION Board of elections in various counties Act amended 5040 2,000 or less; compensation of county clerks 4583 2,100-2,300; compensation of county clerks 4583

Page 2737

7,500-7,900; small claims courts 4309 8,335-8,725; boards of commissioners 4852 9,365-9,385; county commissioners, referendum 4606 10,200-10,350; boards of commissioners 4852 10,600-10,900; compensation of coroners 585 11,675-11,725; boards of elections 4465 12,300-12,400; compensation of county commissioners 588 13,700-13,900; probate court fines, etc. 4581 14,000-15,000; sheriffs' compensation 4615 14,486-14,540; alcoholic beverages 592 15,200-15,400; closing of tax books 999 15,200-15,400; coroners' compensation 590 15,200-15,400; probate court fines, etc. 4581 18,000-18,100; sheriffs' compensation 4615 18,200-18,300; election boards 4208 18,200-18,900; compensation of district attorneys 581 18,500-19,000; boards of education 589 19,200-19,400; compensation of district attorneys 581 19,200-19,400; election boards 4208 19,500-19,700; small claims courts 4427 20,900-21,200; boards of education 589 20,900-21,200; small claims courts 4427 21,800-22,000; compensation of county commissioners 4522 22,312-22,825; election boards 4331 22,320-22,500; coroners' compensation 4060 25,100-25,400; tax returns 537 26,200-27,000; law libraries 520 26,290-27,280; compensation of county commissioners 4196 29,200-30,000; compensation of county commissioners 4196 32,300-32,800; compensation of clerks of superior court 4536 32,500-32,800; alcoholic beverages 511 34,000-34,500; boards of education 934 34,000-34,500; homestead exemptions 531 37,200-38,400; alcoholic beverages 582 40,000-40,700; election boards 4331 51,000-55,110; boards of elections 4530 55,110-56,000; boards of elections 4353 55,110-58,000; coroners' compensation 4831 56,400-60,000; compensation of county commissioners 533 60,000-65,000; boards of education 4195 60,000-67,000; boards of elections 4530 63,000-72,000; revenue 575 66,000-73,000; boards of elections 4305 66,000-74,000; boards of elections 4353 66,000-74,000; coroners' compensation 4831 69,000-75,000; alcoholic beverage Code amended 1855 70,000 or more; special purpose grand juries 541 76,000-79,000; boards of education 4195 90,000-140,000; duties of tax collectors, etc. 996 100,000 or more; fire safety standards 479 100,000-150,000; ad valorem taxes 595

Page 2738

110,000-130,000; housing authorities 1087 145,000-165,000; boards of elections 4321 150,300-155,000; duties of tax collectors, etc. 996 158,000-168,000; boards of elections 4305 160,000-169,000; vacancies in office of probate court judge 4303 160,000-169,000; vacancies in office of tax commissioner 543 170,000-195,000; alcoholic beverages 521 170,000-275,000; alcoholic beverages 521 175,000-185,000; boards of elections 4321 175,000-185,000; jury clerks 548 175,000-195,000; boards of education 3940 180,000-190,000; judges of recorder's courts 4500 190,000-210,000; compensation of named officers 4382 200,000 or more; compensation of poll officers 513 200,000-250,000; boards of education 3940 200,000-275,000; law libraries 591 200,000-550,000; sale of alcoholic beverages 1768 210,000-450,000; education security personnel 515 250,000-400,000; members of boards of health 506 250,000-400,000; tax due dates 936 295,000-300,000; sale of alcoholic beverages 1768 300,000 or more; law libraries 586 350,000-500,000; fees for collecting school taxes 1853 350,000-500,000; sale of alcoholic beverages 1768 350,000-500,000; state court terms 518 400,000 or more; authority to close streets 1177 400,000 or more; deposits of cash bonds by sheriffs 991 500,000 or more; countywide library systems, proposed amendment to the Constitution 2547 More than 500,000; compensation of boards of commissioners 5100 550,000 or more; Act creating building authorities amended 5031 550,000 or more; housing authorities members 504 550,000 or more; part of state-wide probation system 5099 550,000 or more; salaries of probate court judges 3626 550,000 or more; storage of records by clerks of superior courts 3851 COUNTY MATTERSHOME RULE AMENDMENTS Charlton; commission meetings 5120 DeKalb; board of commissioners 5127 DeKalb; merit system 5123 Floyd; board of commissioners 5133 Gwinnett, bids 5139 Jeff Davis; sale, etc. of malt beverages, etc. 5142 Laurens; board of commissioners 5166 MUNICIPAL CORPORATIONS NAMED CITIES Alpharetta; corporate limits 4540 Athens; appeals from magistrate's court 4068

Page 2739

Atlanta; ad valorem tax exemptions, proposed amendment to the Constitution 2645 , 2647 Atlanta; board of education 3931 Atlanta; corporate limits 4181 Atlanta; duties of president of council 3595 Atlanta; group insurance board authority Act repealed 4283 Atlanta; members of board of education 3607 Atlanta; municipal court court costs 4154 Augusta; ad valorem tax exemptions, proposed amendment to the Constitution 2616 Augusta; ordinances 4834 Augusta; redevelopment authority Act amended 4596 Avondale; corporate limits 4402 Baxley; homestead exemptions; proposed amendment to the Constitution 2653 Baxley; new charter 4725 Bloomingdale; corporate limits 4298 Bogart; new charter 4869 Bremen; corporate limits 4849 Brunswick; city-county charter commission 4087 Brunswick; Glynn-Brunswick Hospital Authority, members 5051 Cairo; recorder's court 4024 Chamblee; homestead exemptions, proposed amendment to the Constitution 2542 Chester; corporate limits 3916 Claxton; charter amended 4242 Climax; charter amended 4853 College Park; homestead exemptions, proposed amendment to the Constitution 2605 Columbus; bonds of municipal court clerk and marshal 4044 Commerce; merger of school districts, referendum 4012 Cordele; Crisp County-Cordele Industrial Authority, proposed amendment to the Constitution 2570 Covington; city cable television system 3920 Covington; homestead exemptions, proposed amendment to the Constitution 2568 Dacula; mayor and council members 4249 Dahlonega; new charter 4354 Dalton; charter amended 5002 Decatur; corporate limits 3910 Donalsonville; recorder's court 3861 Doraville; homestead exemptions, proposed amendment to the Constitution 2610 East Point; business and development authority Act amended 4435 East Point; elections, etc. 3598 Emerson; aldermen 4592 Emerson; terms of mayor and aldermen 4594 Eton; city court established 3578 Fitzgerald; city-county development authority Act amended 4859 Fort Valley; municipal court Act amended 4047 Garden City; charter amended 4089 Gainesville; city-county development authority Act amended 4300 Griffin; election of members of Griffin-Spalding County Board of education, proposed amendment to the Constitution 2680 Grovetown; judge of city court 3592

Page 2740

Guyton; corporate limits 4211 Guyton; new charter 3806 Hapeville; development authority, proposed amendment to the Constitution 2524 , 2618 Hawkinsville; county-city development authority members 4209 Helena; new charter 5072 Hephzibah; new charter 4801 Iron City; election of councilmen 4336 Jefferson; merger of school districts, referendum 4012 Kennesaw; corporate limits 4915 LaGrange; board of education 4985 LaGrange; corporate limits 3745 LaGrange; downtown development authority Act amended 4251 Lawrenceville; corporate limits 4306 Macon; city-county sewerage authority, employees' pension plan amended 4157 Macon; corporate limits 4781 Macon; pensions of firemen and police, proposed amendment to the Constitutions 2549 Macon; transit authority Act of 1980 amended 4339 Macon; water and sewerage authority Act amended 4409 Manchester; corporate limits 4798 Marietta; board of education 4558 Marietta; charter amended 4561 Marietta; downtown development authority Act amended 4909 Maxeys; terms of mayor and councilmen 4042 Milner; elections, etc. 4486 Molena; new charter 4935 Moultrie; Moultrie-Colquitt County Development Authority bonds proposed amendment to the Constitution 2578 Mountain Park; new charter 3648 Pelham; sales tax for educational purposes, proposed amendment to the Constitution 2643 Perry; redevelopment authority Act repealed 4448 Pine Lake; homestead exemptions, proposed amendment to the Constitution 2590 Pooler; charter amended 3872 Port Wentworth; corporate limits 4445 Poulan; corporate limits 4601 Powder Springs; downtown development authority, proposed amendment to the Constitution 2505 Register; incorporated 3530 Rincon; vacancies in office of mayor or councilperson 3935 Rome; corporate limits 4022 Roswell; corporate limits 3678 Savannah; city-county school system, districts 4139 Tennille; corporate limits 4101 Thomaston; city-county board of tax assessors Act amended 4228 Thomaston; Thomaston-Upson County Industrial Authority, proposed amendment to the Constitution 2607 Thunderbolt; corporate limits, referendum 4295 Tifton; charter commission, proposed amendment to the Constitution 2557

Page 2741

Trion; sales tax for educational purposes, proposed amendment to the Constitution 2675 Twin City; charter amended 4520 Tybee Island; corporate limits 4188 Union City; homestead exemptions, proposed amendment to the Constitution 2597 Union City; new charter 4676 Valdosta; Central Valdosta Development Authority Act amended 4310 Valdosta; charter amended 3954 Waycross; land conveyance, referendum 4611 Waycross; public facilities authority Act repealed 3925 MUNICIPALITIESBY POPULATION 600 or more; street improvements 502 5,150-5,300; compensation of named officials 4046 10,800-11,200; housing authorities members 507 45,000 or more; fire safety standards 479 More than 150,000; Act providing for benefits for officers and employees amended 3843 300,000 or more; employees' pension plan amended 4385 More than 300,000; pension system Act amended 3887 MUNICIPALITIESHOME RULE AMENDMENTS Albany; ad valorem taxes 5179 Albany; city recorder 5182 Albany; general manager 5174 Albany; liens 5192 Albany; pension fund 5189 Albany; pension trust 5176 Albany; wards 5185 Aragon; recorder 5268 Atlanta; bureau of civil defense 5239 Atlanta; civil service system 5262 Atlanta; compensation of council 5228 Atlanta; compensation of president of council 5233 Atlanta; council districts 5199 , 5213 Atlanta; office of redevelopment 5266 Atlanta; office of telecommunications 5250 Atlanta; purchasing 5245 Bogart; personnel plan 5270 Calhoun; compensation 5277 Calhoun; pensions 5274 Cedartown; city commission 5280 College Park; pensions 5284 Decatur; elections 5287 Griffin; retirement benefits, etc. 5291 Lyons; charter amended 5296 Macon; investigations 5306 Macon; pensions 5299 , 5303 Newnan; pensions 5310 , 5314 St. Marys; compensation of mayor and council 5333 Savannah; paving, etc. 5335

Page 2742

Savannah; retirement 5340 Tyrone; municipal court 5347 Waycross; compensation of mayor and council 5351 Waycross; wards 5354 RESOLUTIONS AUTHORIZING COMPENSATION Bradley, John D. 5065 Collins, Mrs. Sue H. 3507 Cummings, J. B. 5064 Dickey, William 5054 Gordon, K. E. 5055 Kinard, Bobby L. 5058 Mann, Arthur 5068 Salkin, Mrs. Dora 5062 Sikes, Ms. Linda A. 5063 Tucker, Robert 5056 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS American Heart Association 1352 Baldwin County Board of Education 1315 Butts County 1349 , 2197 Charlton County Board of Commissioners 1339 Chatham Service Corporation 1333 Georgia Easter Seal Society, Inc. 1300 Golden Isles Marina, Inc., easement 1307 Habersham County Board of Education 1309 I.T.T. Rajonier, Inc. 1331 J. P. Stevens Co., Inc. 1305 Newton County 1341 Tidwell, James E. 1336 Union Camp Corporation 1328 MISCELLANEOUS RESOLUTIONS Armadillo Olympics Days 1319 Bloodworth, William Franklin, bridge designated 5061 Environments Facilities Study Commission 1346 Federal judges, review of records 1313 Georgia Coroners Manual designated 1345 Georgia-Florida Parkway designated 1318 Grist, Miller J., bridge designated 5069 Hargrett, Dr. McKee, bridge designated 5057 Hazardous Drivers Study Committee 2195 Heery-Dickey Regional Youth Development Center named 5066 Holland, Clem, memorial bridge designated 5060 Joint Children and Youth Study Committee created 1303 Joint Committee on Farm Winery Laws 1338 Metropolitan Atlanta Rapid Transit Overview Committee 1322 Moss, C. L., parkway designated 5059 Motor Vehicle Safety week 1317

Page 2743

Museum of Art designated 1355 Resolution urging severer sentences reconfirmed 1327 Richmond County Merit System Advisory Commission 5070 Roosevelt Warm Springs Institute for Rehabilitation 1323 School Finance Study Commission 1311 Select Committee on Constitutional Revision extended 1320 Services for the Aged Study Committee 1342 State Employees' Health Benefit Plan 1325 Statewide Fire Protection Study Committee 1348 World Federation Resolution of 1446 repealed 1321

Page 2744

INDEX A ACCOUNTANCY Public Accountancy Act of 1977 amended 1782 ACTIONS Actions ex contractu, soveriegn immunity waived 495 Affidavits of indigence, etc. 933 Care owed passengers by operators of motor vehicles 1283 Immunity of school personnel from civil tort liability 2495 Liability for emergency health care 692 Limitations on firemen's civil liability 1150 Torts relating to compressed gases 2211 ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT Amended 776 , 1110 Educational facilities 603 ADMINISTRATIVE PROCEDURE ACT Hearings by telephonic communications 871 ADMINISTRATIVE SERVICES, DEPARTMENT OF Board of Directors of Fiscal Division 843 ADULTERY Competency of spouse to testify 1187 AD VALOREM TAXATION Homestead exemptions 1108 Prepayment Agreements, etc. 2382 AFFIDAVITS OF INDIGENCE Contents, etc. 933 AGENT ORANGE Reports of veterans' exposure 2321 AGGRAVATED ASSAULT Defined 1242 AGRICULTURE Georgia Meat Inspection Act amended 980 Irrigation systems, anti-syphon devices 1232 Livestock dealers and market operators 1804 Tractors and farm equipment, etc. 1753 , 1791

Page 2745

ALBANY, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. ALCOHOLIC BEVERAGES Code amended as to certain counties (69,000-75,000) 1855 Joint Committee on Farm Winery Laws 1338 Sale by drink in certain counties (14,486-14,540) (37,200-38,000) 592 Sale, etc. regulated 1463 Sale in certain counties (200,000-500,000) (295,000-300,000) (350,000-500,000) 1768 Sale in clubs in certain counties (32,500-32,800) 511 Sale by Stone Mountain Memorial Association 804 Sale on Christmas Day 890 Sale on Sundays and Election Days in certain counties (170,000-275,000) 521 Taxation on wineries 1111 ALCOHOLISM Effective date of Act providing for treatment 782 Treatment, etc. 937 ALCOVY JUDICIAL CIRCUIT Compensation of court reporter 538 ALLIGATORS Taking, etc. regulated 1619 ALPHARETTA, CITY OF Corporate limits 4540 AMATEUR RADIO OPERATORS Motor vehicle license plates 1075 AMERICAN HEART ASSOCIATION Land conveyance 1352 APPEARANCE BONDS Forfeitures, etc. 1224 APPELLATE COURT REPORTS Distribution 702 APPELLATE PROCEDURE Affidavits of indigence 1186 APPLIED PSYCHOLOGISTS Licensure 1589

Page 2746

APPLING COUNTY Board of Commissioners, referendum 4642 APPORTIONMENT House of Representatives 452 State senatorial districts 444 APPROPRIATIONS General Appropriations Act enacted 1876 Supplementary Appropriations Act 2A , 150 , 486 ARAGON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. ARCHITECTS, BOARD OF REGISTRATION Act amended 1019 Registration, etc. 903 ARMADILLO OLYMPICS DAY Designated 1319 ARSON Reports to State Fire Marshal 792 ATHENSCLARKE COUNTY MAGISTRATES COURT Appeals 4068 ATHLETIC TRAINERS ACT Amended 430 ATLANTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Ad valorem tax exemptions, proposed amendment to the Constitution 2645 , 2647 Board of education 3931 Corporate limits 4181 Duties of president of council 3595 Group insurance board authority Act repealed 4283 Members of board of education 3607 Municipal Court court costs 4154 ATLANTIC JUDICIAL CIRCUIT Additional judge 428 ATTACHMENT Practice and procedure 1578

Page 2747

AUCTIONEERS Licensing 1686 AUDITOR, STATE Revenue Shortfall Reserve Act amended 1288 AUGUSTA, CITY OF Ad valorem tax exemptions, proposed amendment to the Constitution 2616 Punishment for violating ordinances 4834 AUGUSTA REDEVELOPMENT AUTHORITY ACT Amended 4596 AVONDALE, CITY OF Corporate limits 4402 B BAIL Bail in criminal cases 910 BALDWIN COUNTY Land conveyance to board of education 1315 Small claims court Act amended 3803 BANKS AND BANKINGS Reports of certain currency transactions 2219 Savings and loan associations, etc. 1781 BANKS COUNTY Compensation of tax commissioner 3897 Superior court judge's supplement 582 BARBERS Georgia Barber Act amended 1597 BARTOW COUNTY Board of education, referendum 4589 Compensation of board of education, referendum 4584 Superintendent of schools, referendum 4586 BAXLEY, CITY OF Homestead exemptions, proposed amendment to the Constitution 2653 New charter 4725 BEN HILL COUNTY City-county development authority Act amended 4859

Page 2748

BIBB COUNTY Board of education districts, referendum 4625 Board of public education and orphanage, purchase and sale of property 5049 Board of public education and orphanage, referendum 4406 Commissioner districts, etc. 3728 Macon-Bibb County Transit Authority Act of 1980 amended 4339 Macon-Bibb County Water and Sewerage Authority Act amended 4235 , 4409 Macon-Bibb County Water and Sewerage Authority, employees' pension plan amended 4157 BIRTH CERTIFICATES Georgia Health Code amended 723 BLECKLEY COUNTY Election of members of board of education, proposed amendment to the Constitution 2669 BLOOD DONATION Leave for public employees to participate 845 BLOODWORTH, WILLIAM FRANKLIN Bridge designated 5061 BLOOMINGDALE, CITY OF Corporate limits 4298 BOARD OF EXAMINERS IN OPTOMETRY ACT Amended 1278 BOARD OF POLYGRAPH EXAMINERS ACT Amended 1582 BOARD OF REGISTRATION FOR FORESTERS Expiration date 984 BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS Amended 2308 BOARD OF VETERINARY MEDICINE ACT Amended 1065 BOATING Safety zones 873 BOGART, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. New charter 4869

Page 2749

BOND FORFEITURES Procedure, waiver, etc. 1658 BONDS Interest rates on county and municipal bonds 1603 BONDS, CASH Criminal procedure 1136 BRADLEY, JOHN D. Compensation for damages 5065 BREMEN, CITY OF Corporate limits 4849 BROOKS COUNTY Fire protection districts 4038 BRUNSWICK, CITY OF Glynn-Brunswick Hospital Authority, members 5051 BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION Time in which to complete work 4087 BRUNSWICK PORT AUTHORITY ACT Amended 4657 BRYAN COUNTY Members of board of commissioners, referendum 4270 Office of treasurer abolished, referendum 4285 BUILDING AND CONSTRUCTION STANDARDS Act amended 1637 BUILDING AUTHORITIES Act creating in certain counties amended (550,000 or more) 5031 BUILDING PERMITS Permanent records 2483 BULLOCH COUNTY Compensation of clerks of board of commissioners 4493 Compensation of clerk of probate court 4497 Compensation of employees of clerk of superior court 3947 Compensation of sheriff's deputies, etc. 3950 Compensation of tax commissioner's employees 3943 Small claims court Act amended 4832

Page 2750

BURKE COUNTY Compensation of coroner 4439 Small claims court Act amended 4428 BUTTS COUNTY Land conveyance 2197 Quitclaim 1349 Terms of board of commissioners 4790 BUYING SERVICES ACT OF 1975 Amended, enforcement 1073 C CABBAGETOWN HISTORIC DISTRICT Ad valorem taxation, proposed amendment to the Constitution 2509 CAIRO, CITY OF Recorder's court 4024 CALHOUN, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. CALHOUN COUNTY Small claims court Act amended 3503 CANDEM COUNTY Homestead exemptions, proposed amendment to the Constitution 2586 CASH BONDS Deposits by sheriffs in certain counties (400,000 or more) 991 Procedure 1136 CATOOSA COUNTY Compensation of tax commissioners clerical assistants 4618 Fiscal administration of sheriff's office 5114 Hospital authority Act amended, members 4531 CEDARTOWN, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. CHAMBLEE, CITY OF Homestead exemptions, proposed amendment to the Constitution 2542 CHARITABLE CONTRIBUTIONS, ETC. State employees 2274

Page 2751

CHARLTON COUNTY See alsoTabular IndexCountiesHome Rule Amendments. Compensation of tax commissioner 3929 Quitclaim to board of commissioners 1339 CHATHAM COUNTY City-county school system, districts 4139 Compensation of clerk of probate court 4138 CHATHAM SERVICE CORPORATION Easement 1333 CHATTAHOOCHEE COUNTY Compensation of board of commissioners 4510 CHATTAHOOCHEE JUDICIAL CIRCUIT Terms in Taylor County 536 CHATTOOGA COUNTY Disposal of county property 4085 Sales tax for educational purposes, proposed amendment to the Constitution 2675 CHEROKEE COUNTY Board of education, referendum 3602 Compensation of named officers 4578 CHESTER, TOWN OF Corporate limits 3916 CHILD CUSTODY Investigations in child custody cases 1189 CHILD SUPPORT RECOVERY ACT Amended 1105 , 1204 , 1207 CHILDREN Fingerprinting 928 Liability for malicious acts 849 CHILDREN AND YOUTH Joint Children and Youth Study Committee 1303 CHILDREN AND YOUTH ACT Amended 706 , 1120 CHIROPRACTIC State board of examiners 2333

Page 2752

CHRISTMAS DAY Sale of alcoholic beverages 890 CITIZEN RIGHTS Females 826 CITIZEN'S BAND RADIO OPERATORS Motor vehicle license plates for operators 1118 CIVIL PRACTICE ACT Amended, effect of dismissal 784 CLAIMS ADVISORY BOARD Powers, duties, etc. 930 CLARKE COUNTY Appeals from magistrate's court 4068 Members, etc. of hospital authority 3705 CLARKE COUNTY, STATE COURT OF Act amended 4071 CLAXTON, CITY OF Charter amended 4242 CLAYTON COUNTY Civil service system Act amended 3723 Compensation of chairmen of board of commissioners 4473 Compensation of judge of probate court 4476 Compensation of sheriff and clerk of superior court, etc. 4478 Members of board of education, referendum 4431 Tax commissioner's compensation, etc. 4471 Water authority Act amended 3721 CLAYTON COUNTY, STATE COURT OF Compensation of judge and solicitor 4481 CLERKS OF SUPERIOR COURT Compensation in certain counties (32,300-32,800) 4536 Compensation in certain counties (190,000-210,000) 4382 CHEROKEE COUNTY Compensation of county commissioner 4484 CLIMAX, CITY OF Charter amended 4853

Page 2753

CLINICAL LABORATORIES Act regulating, amended 2376 Licensing, etc. 1081 COBB COUNTY Board of commissioners, meetings, etc. 4111 Civil service board members, etc. 4704 Commissioner districts 4550 Justices of the peace, proposed amendment to the Constitution 2615 Meetings of board of education 4066 South Cobb Development Authority Act 3772 COBB COUNTY, STATE COURT OF Accusations 3725 Additional judge 3610 Assistant solicitors 3763 Compensation of chief deputy clerk 4107 Court costs 4166 Magistrates 3621 COBB JUDICIAL CIRCUIT Additional judge 434 CODE Official Code of Georgia Annotated amended 3 , 2107 COLLEGE PARK, CITY OF See also Tabular Index Municipalities Home Rule Amendments . Homestead exemptions, proposed amendment to the Constitution 2605 COLLINS, MRS. SUE H. Compensation for damages 3507 COLQUITT COUNTY Moultrie-Colquitt County Development Authority, bonds, proposed amendment to the Constitution 2578 Tax for emergency medical services, proposed amendment to the Constitution 2663 COLUMBIA COUNTY Justices of the peace, proposed amendment to the Constitution 2575 COLUMBUS, MUNICIPAL COURT OF Bonds of clerk and marshal 4044 COMMERCE, CITY OF Merger of school districts, referendum 4012

Page 2754

COMMUNICATION FACILITIES Use in committing crimes 2359 COMMUNITY AFFAIRS, DEPARTMENT OF Powers, duties, etc. 2310 COMMUNITY SERVICE Condition of probation 1257 COMPOSITE BOARD OF MEDICAL EXAMINERS Act amended 2266 CONCEALED WEAPONS Criminal Code amended 789 CONGRESS, U.S. Urged to review records of federal judges 1313 CONSERVATION EASEMENTS Defined, etc. 1227 CONSTITUTION OF 1983 Proposed amendments, prior resolution amended 2551 CONSTITUTIONAL AMENDMENTS See also Tabular IndexProposed Amendments to the Constitution . 1981 resolutions repealed 2555 , 2556 CONSTITUTIONAL REVISION Select committees extended 1320 CONTEMPT OF COURT Punishment 974 CONTROLLED SUBSTANCES Counterfeit substances 2370 COOK COUNTY Election, etc. of school superintendent, referendum 3749 CORDELE, CITY OF Crisp County-Cordele Industrial Authority, members, proposed amendment to the Constitution 2570 CORDELE JUDICIAL CIRCUIT Additional judge 501

Page 2755

CORONERS Compensation in certain counties (10,600-10,900) 585 Compensation in certain counties (15,200-15,400) 590 Compensation in certain counties (22,320-22,500) 4060 Compensation in certain counties (55,110-58,000) (66,000-74,000) 4831 Compensation in certain counties (190,000-210,000) 4382 Georgia Coroners Manual designated 1345 CORPORATION CODE Amended, fees, etc. 886 CORPORATIONS Corporate takeovers 696 , 807 Dissent from certain corporate actions 694 Transfers of interest in real property 1197 COUNTERFEIT CONTROLLED SUBSTANCES Crimes, etc. 2370 COUNTY BOARDS OF HEALTH Members in certain counties (250,000-400,000) 506 COUNTY BONDS Interest rates, etc. 1603 COUNTY CLERKS Compensation in certain counties (2,000 or less) (2,100-2,300) 4583 COUNTY COMMISSIONERS Boards in certain counties (9,365-9,385) referendum 4606 Compensation in certain counties (8,335-8,725) (10,200-10,350) 4852 Compensation in certain counties (12,300-12,400) 588 Compensation in certain counties (21,800-22,000) 4522 Compensation in certain counties (26,290-27,280) (29,200-30,000) 4196 Compensation in certain counties (56,400-60,000) 533 Compensation in certain counties (more than 500,000) 5100 COUNTY LAW LIBRARIES Use of funds, etc. 1103 COUNTY OFFICERS Compensation in certain counties (190,000-210,000) 4382 COURT OF APPEALS Court costs, affidavits of indigence 1186 COURT OF APPEALS REPORTS Publication 892

Page 2756

COURTS OF INQUIRY Probate court judges, etc. 493 COURTS OF LIMITED JURISDICTION COMPENSATION ACT OF 1982 Enacted 1737 COVINGTON, CITY OF City cable television system 3920 Homestead exemptions, proposed amendment to the Constitution 2568 COWETA COUNTY, STATE COURT OF Compensation of judge and solicitor 3508 CRIMES Aggravated assault 1242 Boating in boat safety zones 875 Concealed weapons, etc. 789 Contributing to delinquency of minors 968 Counterfeit controlled substances 2370 Dangerous drugs, etc. 2403 Dogfighting 2214 Feticide 2499 Forfeiture of certain property used in criminal enterprises 2325 Georgia RICO Act amended 1385 Habitual violators 867 Homicide by vehicle, etc. 1694 Kidnapping, interference with custody, etc. 970 Lotteries, promotional contests 1661 Methaqualone 2215 Motor vehicle license plates 1584 Possession of firearms by convicted felons 1171 Punishment for theft, etc. 1371 Reports of arson to State Fire Marshal 792 Use of communications facilities in committing crimes 2359 CRIMINAL BONDS Fees of sureties 1254 CRIMINAL PROCEDURE Bail in criminal cases 910 Bond forfeitures, etc. 1658 Cash bonds 1136 Community service as condition of probation 1257 Courts of inquiry 493 Disposition, etc. of seized property 2336 Fees of sureties on criminal bonds 1254 First offender treatment, etc. 1807 Forfeiture of appearance bonds, etc. 1224 Habitual violators 867

Page 2757

Jail and prison overcrowding 1356 Pleas of insanity, etc. 1476 Pretrial intervention programs 1093 Public defender's appointment, etc. 1181 Relief from sentences by writ of habeas corpus 786 Resolution urging severer sentences reconfirmed 1327 Sale or disposition of forfeited property 2273 Sentence review panels, etc. 1271 Statewide Probation Act amended 1097 , 2283 Wiretapping, etc. 2319 CRISP COUNTY Homestead exemptions, proposed amendment to the Constitution 2564 Small claims court Act amended 4193 CRISP COUNTY-CORDELE INDUSTRIAL AUTHORITY Members, proposed amendment to the Constitution 2570 CUMMINGS, J. B. Compensation for damages 5064 D DACULA, CITY OF Mayor and council members 4249 DADE COUNTY Compensation of deputies of clerk of superior court 4417 Compensation of probate court deputies, etc. 4414 Compensation of tax commissioner's personnel 4419 Hospital authority Act amended, members 4531 DAHLONEGA, CITY OF New charter 4354 DALTON, CITY OF Charter amended 5002 DAMS Georgia Safe Dams Act of 1978 amended 2339 DANGEROUS DRUGS Control, etc. 2403 DAWSON COUNTY Deputy clerk of superior court, clerk of probate court, salaries 3616

Page 2758

DEATH CERTIFICATES Georgia Health Code amended 723 DECATUR, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments . Corporate limits 3910 DECATUR COUNTY Small claims court Act amended 4334 DEEDS TO SECURE DEBT Interest, etc. on secondary security deeds 488 DEKALB COUNTY See also Tabular IndexCountiesHome Rule for Counties . Commissioner districts 4235 Community college, referendum 4239 Election districts, etc. 4325 Election of probate court judge 4131 Homestead exemptions, proposed amendment to the Constitution 2657 , 2659 Justices of the peace, proposed amendment to the Constitution 2573 Recorder's court deputy clerks 4599 School board districts, etc. 3797 Special services tax districts 4396 DEKALB COUNTY, STATE COURT OF Agency to provide legal services to the poor 4162 Transfer of certain cases from superior court 4322 DELINQUENCY Contributing to delinquency of minors 968 DENTISTRY, GEORGIA BOARD OF Act amended 1056 DEPOSITORIES Liens on property 915 Sale of property 920 DEPOSITIONS AND DISCOVERY Evidence, etc. 2374 DEPUTY SHERIFFS Bonds 1779 DEVELOPMENT AUTHORITIES LAW Amended 1706

Page 2759

DICKEY, WILLIAM Compensation for damages 5054 DEPOSITION OF UNCLAIMED PROPERTY ACT Amended 1787 DISPOSSESSORY PROCEEDINGS Procedure, etc. 1134 , 1228 DISTRESS WARRANTS Procedures, etc. 1134 DISTRICT ATTORNEYS Compensation in certain counties (18,200-18,900) (19,200-19,400) 581 Secretaries 1486 DODGE COUNTY Compensation of named officers and officials 4031 DOGFIGHTING Defined, punishment, etc. 2214 DOMICILE Married persons 805 DONALSONVILLE, CITY OF Recorder's court 3861 DOOLY COUNTY Small claims court Act amended 3885 DORAVILLE, CITY OF Homestead exemptions, proposed amendment to the Constitution 2610 DOUGHERTY COUNTY Commission districts 3519 DOUGHERTY COUNTY, STATE COURT OF Judge's compensation 3562 DOUGLAS COUNTY Board of education districts, referendum 4786 Magistrate's court created 4659 DOWNTOWN DEVELOPMENT AUTHORITIES LAW Amended 1726

Page 2760

DRUG DEPENDENT INDIVIDUALS Treatment, etc. 937 DRUGS Control of dangerous drugs, etc. 2403 Methaqualone, crimes, etc. 2215 DUBLIN JUDICIAL CIRCUIT Grand juries 547 E EARLY COUNTY Compensation of board of commissioners 3846 EAST POINT BUSINESS AND DEVELOPMENT AUTHORITY ACT Amended 4435 EAST POINT, CITY OF Elections, etc. 3598 ECONOMIC REHABILITATION ACT OF 1975 Amended 1285 EDUCATION Adequate Program for Education amended 603 , 776 , 1110 Compensation of boards in certain counties (18,500-19,000) (20,900-21,200) 589 Compensation of boards of education in certain counties (34,000-34,500) 934 County boards in certain counties (175,000-195,000) (200,000-250,000) 3940 Display of motto and flags in classrooms, etc. 913 Educational Improvement Council, name changed, etc. 684 Election of boards of education in certain counties (60,000-65,000) (76,000-79,000) 4191 Fees for collecting school taxes in certain counties (350,000-500,000) 1853 Georgia Professional Standards Act, amended 836 Georgia Student Finance Authority amended 1699 Grounds for termination of teachers' contracts, etc. 2188 Immunity of school personnel from civil tort liability 2495 Public school employee defined 896 Qualification of county board members and superintendents 1175 Security personnel in certain counties (210,000-450,000) 515 Transportation for elderly authorized by county boards 1693 EFFINGHAM COUNTY Homestead exemptions, proposed amendment to the Constitution 2634

Page 2761

EFFINGHAM COUNTY, STATE COURT OF Salaries of judge and solicitor 3938 ELBERT COUNTY Small claims court Act amended 4009 ELDERLY Transportation 1693 ELECTIONS Act creating boards in various counties based on population amended 5040 Act creating boards of elections in certain counties amended (55,110-56,000) (66,000-74,000) 4353 Act creating election boards in certain counties amended (18,200-18,300) (19,200-19,400) 4208 Act creating boards of elections in certain counties amended (51,000-55,110) (60,000-67,000) 4530 Boards of elections created in certain counties 4465 Boards of elections in certain counties (22,312-22,825) (40,000-40,700) 4331 Boards of elections in certain counties (66,000-73,000) (158,000-168,000) 4305 Boards of elections in certain counties (145,000-165,000) (175,000-185,000) 4321 Compensation of poll officers in certain counties (200,000 or more) 513 Compensation of registrars 850 Copies of records, etc. 437 Distribution of fees, etc. 897 Georgia Election Code amended 1292 , 1512 Municipal Election Code amended 1670 Recall of elected public officials 1653 Registration of electors, etc. 688 Voter registration places 442 EMANUEL COUNTY Board of education, referendum 4049 Clerk of superior court placed on salary basis 4794 EMANUEL COUNTY DEVELOPMENT AUTHORITY ACT Amended 4861 EMERGENCY HEALTH CARE Liability, etc. 692 EMERSON, CITY OF Aldermen 4592 Terms of mayor and aldermen 4594

Page 2762

EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA ACT Amended 1163 EMPLOYMENT SECURITY LAW Amended 1023 ENGINEERING Registration of professional engineering firms 2269 Registration, etc. of professional engineers 2271 , 2308 ENVIRONMENTAL FACILITIES STUDY COMMISSION Created 1346 ETON, TOWN OF City court established 3578 EVIDENCE Adultery, competency of spouse to testify 1187 Depositions and discovery 2374 Release of information to Department of Human Resources 1077 EXECUTIVE PROBATE JUDGES COUNCIL OF GEORGIA Established, etc. 1612 EYE BANKS Definition, etc. 1499 F FACADE EASEMENTS Defined, etc. 1227 FAIR BUSINESS PRACTICE ACT OF 1975 Amended 1689 FAIR EMPLOYMENT PRACTICE ACT OF 1978 Amended 1253 FALCONRY Seasons and bag limits 1263 FAMILY AND CHILDREN SERVICES, DEPARTMENT OF Destruction of records 881 Investigations in child custody cases 1189 FAMILY VIOLENCE Prevention, etc. 2300

Page 2763

FARM WINERY LAWS Joint committee created 1338 FARMERS' MUTUAL FIRE INSURANCE COMPANIES Sale of policies 856 FAYETTE COUNTY Small claims court Act amended 3923 FEDERAL JUDGES Congress urged to review records 1313 FEMALES Citizen rights 826 FETICIDE Crimes, etc. 2499 FINANCIAL INSTITUTIONS Definitions 2496 Minors' deposits 1085 Reports of certain currency transactions 2219 FINGERPRINTING Fingerprinting of children regulated 928 FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL ACT Amended 989 FIRE PROTECTION PACTS Act providing for, amended 955 FIRE SAFETY STANDARDS Enforcement, etc. 479 FIRE SPRINKLERS Georgia Fire Sprinkler Act 1212 FIREARMS Possession by convicted felons 1171 FIREMEN Limitation on civil liability 1150 FIRST OFFENDERS Treatment, etc. 1807

Page 2764

FISCAL NOTES Required for introduction of certain Bills in General Assembly 1116 FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY ACT Amended 4859 FLAGS Display in classrooms 913 FLOYD COUNTY See alsoTabular IndexCountiesHome Rule Amendments. Election of judge of juvenile court 4190 FORESTERS, BOARD OF REGISTRATION Expiration date, etc. 984 FORFEITED PROPERTY Sale and disposition 2273 Used in certain criminal enterprises 2325 FORSYTH COUNTY Purchases by county authorities 4792 FORT VALLEY, CITY OF Municipal court Act amended 4047 FRANKLIN COUNTY Board of education and superintendent, referendum 3753 FULTON COUNTY Ad valorem tax exemptions, proposed amendment to the Constitution 2645 , 2647 Board of commissioners 4148 Building authority, proposed amendment to the Constitution 2613 Chief clerk of probate court 4392 County-wide Library system 4174 Municipal recreational programs, proposed amendment to the Constitution 2504 Pension system Act amended 4829 Personnel board, etc. 4896 FUND RAISING Professional fund raising regulated 922 G GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY ACT Amended 4300

Page 2765

GAME AND FISH Alligators 1619 Body gripping traps 988 Code amended 1629 , 1729 , 1771 Falconry, seasons and bag limits 1263 GARDEN CITY, CITY OF Charter amended 4089 GAS PIPES Blasting, etc. near underground pipes 1577 GENERAL APPROPRIATIONS ACT Enacted 1876 GENERAL ASSEMBLY Allowances for members 1255 Fiscal notes required for certain Bills 1116 Revenue Shortfall Reserve Act amended 1288 GENERAL ASSEMBLY JOURNALS Distribution, etc. 702 GEORGIA ADMINISTRATIVE PROCEDURE ACT Hearings by telephonic communications 871 GEORGIA BOARD OF ATHLETIC TRAINERS ACT Amended 430 GEORGIA BOARD OF DENTISTRY ACT Amended 1056 GEORGIA BOARD OF NURSING Act amended 2500 GEORGIA CIVIL PRACTICE ACT Effect of dismissal 784 GEORGIA COMMISSION OF STATE GROWTH POLICY ACT Amended 2261 GEORGIA CORONERS MANUAL Designated 1345 GEORGIA CRIME INFORMATION CENTER Duties, functions, etc. 952

Page 2766

GEORGIA CRIMINAL JUSTICE ACT Public defenders 1181 GEORGIA EASTER SEAL SOCIETY, INC. Land conveyance 1300 GEORGIA FACTORY FOR THE BLIND Name changed, etc. 830 GEORGIA FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL ACT Amended 989 GEORGIA FIRE SPRINKLER ACT Enacted 1212 GEORGIAFLORIDA PARKWAY Designated 1318 GEORGIA HEALTH CODE Alcoholic or drug dependent individuals, etc. 937 Amended 723 , 2248 Amended, reports of certain physical injuries 1249 Regulation of hospitals, etc. 864 GEORGIA INSURANCE CODE Amended 615 , 650 , 1199 , 1217 , 1678 Amended, payment to third parties, etc. 802 Farmers' Mutual Fire Insurance Companies 856 Group life insurance policies 822 Motor vehicle insurance 1234 , 1624 Policies to be written in simple language 1244 Workers' compensation insurance 644 GEORGIA LAND SALES ACT OF 1982 Enacted 1431 GEORGIA LAWS Distribution 702 GEORGIA MEAT INSPECTION ACT Amended 980 GEORGIA MEDICAL ASSISTANCE ACT OF 1977 Amended 824 GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT Amended 2478

Page 2767

GEORGIA POST-MORTEM EXAMINATION ACT Amended 718 , 959 GEORGIA PROFESSIONAL STANDARDS ACT Amended 836 GEORGIA PUBLIC ASSISTANCE ACT OF 1965 Amended 883 , 1281 GEORGIA PUBLIC SERVICE COMMISSION Cost of operating 1063 Duties, powers, etc. 412 GEORGIA RESIDENTIAL FINANCE AUTHORITY LAW Amended 1716 , 1813 , 2228 GEORGIA RICO (RACKETEERS INFLUENCED AND CORRUPT ORGANIZATIONS) ACT Amended 1385 GEORGIA SAFE DAMS ACT OF 1978 Amended 2339 GEORGIA SAFETY FIRE COMMISSIONER Enforcement of Fire Safety Standards 479 GEORGIA SELF-SERVICE STORAGE FACILITY ACT Enacted 2286 GEORGIA SPORTS HALL OF FAME ACT Amended 1153 GEORGIA STATE BOARD OF LANDSCAPE ARCHITECTS Act amended 2378 GEORGIA STATE OCCUPATIONAL THERAPY ACT Amended 2224 GEORGIA STUDENT FINANCE AUTHORITY Amended 1699 GEORGIA WATER QUALITY CONTROL ACT Amended 2304 GLYNN-BRUNSWICK HOSPITAL AUTHORITY Members 5051

Page 2768

GLYNN COUNTY Board of commissioners 4570 Brunswick-Glynn County Charter Commission, time in which to complete work 4087 Compensation of clerk of superior court and personnel 5046 Compensation of sheriff, etc. 3881 Compensation of tax commissioner, etc. 3870 Juvenile court judge's salary 4548 Magistrate's court 5096 Ordinances, proposed amendment to the Constitution 2637 GLYNN COUNTY, STATE COURT OF Compensation of personnel, etc. 4633 GOLDEN ISLES MARINA, INC. Easement 1307 GOLF HALL OF FAME Created 1153 GORDON, K. E. Compensation for damages 5055 GRIFFIN-SPALDING COUNTY BOARD OF EDUCATION Election of members, proposed amendment to the Constitution 2680 GROUND WATER USE ACT OF 1972 Amended 2306 GROWTH POLICY ACT Georgia Commission on State Growth Policy Act 2261 GRAND JURIES Elected officials ineligible to serve 779 Special purpose grand juries in certain counties (70,000 or more) 541 GRIFFIN, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . GRIFFIN JUDICIAL CIRCUIT Judges' compensation 596 GRIST, MILLER J. Bridge designated 5069 GROVETOWN, CITY OF Judge of city court 3592

Page 2769

GUARDIAN AND WARD Appointment, etc. of guardians ad litem 796 Physicians' affidavits and evaluations 1221 GUYTON, CITY OF New charter 3806 Corporate limits 4211 GWINNETT BUILDING AUTHORITY ACT Amended 4546 GWINNETT COUNTY See alsoTabular IndexCountiesHome Rule Amendments . Board of education, referendum 3510 Public facilities authority Act amended 4672 Recreation authority Act amended 4674 Water and sewerage authority Act amended 4670 GWINNETT COUNTY AIRPORT AUTHORITY ACT Amended 4544 GWINNETT JUDICIAL CIRCUIT Additional judge 436 H HABEAS CORPUS Relief from court sentences 786 HABERSHAM COUNTY Land conveyance to board of education 1309 Sales tax for educational purposes, proposed amendment to the Constitution 2566 Tax commissioner, salary, vacancies, etc. 3702 HALL COUNTY City-county development authority Act amended 4300 HALL COUNTY, STATE COURT OF Compensation of judge and solicitor 3852 HANCOCK COUNTY Compensation of judge of probate court and clerk of superior court, etc. 3866 Compensation of tax commissioner, etc. 3864 Small claims court Act amended 3787 HAPEVILLE DEVELOPMENT AUTHORITY Created, etc., proposed amendment to the Constitution 2524 , 2618

Page 2770

HARALSON COUNTY Compensation of county commissioner 3700 Members of board of education, referendum 4523 Sheriff's compensation 4604 HARGRETT, DR. MCKEE Bridge designated 5057 HART COUNTY Tax commissioner placed on salary basis 3736 HAWKINSVILLE, CITY OF Members of Pulaski County-Hawkinsville Development Authority 4209 HAZARDOUS DRIVERS STUDY COMMITTEE Created 2195 HEALTH Alcoholic or drug dependent individuals, etc. 937 Georgia Health Code amended 723 , 2248 Inspection warrants 1667 Liability for emergency health care 692 Members of boards of health in certain counties (250,000-400,000) 506 Regulation of hospitals, etc. 864 Reports of certain physical injuries 1249 HEARD COUNTY Small claims court created 4199 HEERY-DICKEY REGIONAL YOUTH DEVELOPMENT CENTER Named 5066 HELENA, CITY OF New charter 5072 HENRY COUNTY Ad valorem tax exemption, proposed amendment to the Constitution 2609 Board of commissioners Act amended 4094 Election districts, etc. 3638 Homestead exemptions, proposed amendment to the Constitution 2515 , 2517 , 2519 Small claims court Act amended 3733 HENRY COUNTY DEVELOPMENT AUTHORITY ACT Amended 4078

Page 2771

HENRY COUNTY WATER AND SEWERAGE AUTHORITY ACT Amended 4081 HEPHZIBAH, CITY OF New charter 4801 HOLLAND, CLEM Memorial bridge designated 5060 HOMESTEAD EXEMPTIONS Filing in certain counties (34,000-34,500) 531 HOMICIDE BY VEHICLE ETC. Crimes defined, etc. 1694 HOSPITAL AUTHORITIES LAW Amended 712 HOUSE OF REPRESENTATIVES Apportionment 452 HOUSING AUTHORITIES Members in certain cities (10,800-11,200) 507 Members in certain counties (110,000-130,000) 1087 Members in certain counties (550,000 or more) 504 HOUSING AUTHORITIES LAW Amended 906 , 2228 HOUSTON COUNTY Ad valorem taxes for educational purposes, proposed amendment to the Constitution 2601 Sales tax for educational purposes, proposed amendment to the Constitution 2600 HUMAN RESOURCES, DEPARTMENT OF Division of Vocational Rehabilitation, name changed 833 Release of information by physicians 1077 Waiver of rules, etc. 1592 I INCOME TAX Credits, etc. 2497 INDIGENCE Affidavits, etc. 933

Page 2772

INSANITY, PLEAS OF Criminal procedure 1476 INSPECTION WARRANTS Georgia Health Code amended 1667 INSURANCE See Georgia Insurance Code . INSURANCE PREMIUM FINANCE COMPANIES Act regulating, amended 1054 INTEREST AND USURY Interest on unpaid interest 420 Secondary security deeds 488 IRON CITY, TOWN OF Election of councilmen 4336 IRRIGATION SYSTEMS Anti-syphon devices 1232 IRWIN COUNTY Compensation of clerk and secretary of board of commissioners 4057 Compensation of deputy sheriffs 4055 I.T.T. RAYONIER, INC. Land conveyance 1331 J JACKSON COUNTY Merger of school districts, referendum 4012 JAIL AND PRISON OVERCROWDING Procedure to relieve 1356 JEFF DAVIS COUNTY See Tabular IndexCountiesHome Rule Amendments . JEFFERSON, CITY OF Merger of school districts, referendum 4012 JEFFERSON COUNTY Ad valorem taxation, proposed amendment to the Constitution 2588 JENKINS COUNTY Small claims court Act amended 4450

Page 2773

JUDGMENTS Consent judgments 1262 JUDGES OF THE PROBATE COURT RETIREMENT FUND OF GEORGIA Act amended 2207 JURIES Oath on voir dire 800 JURY CLERKS Authorized in certain counties (175,000-185,000) 548 JURY COMMISSIONERS Compensation 1230 JUVENILE COURT CODE OF GEORGIA Amended 1871 , 2199 K KENNESAW, CITY OF Corporate limits 4915 KIDNAPPING Defined, punishment, etc. 970 KINARD, BOBBY L. Compensation for damages 5058 L LABOR, DEPARTMENT OF Correctional Services Division 1093 LABORATORIES Act regulating clinical laboratories amended 2376 LAGRANGE, CITY OF Board of education 4985 Corporate limits 3745 Downtown LaGrange Development Authority Act amended 4251 LAMAR COUNTY Compensation of tax commissioner 4491 Coroner placed on salary basis 4489 LAND SURVEYORS Registration Act amended 2308

Page 2774

LANDLORD AND TENANT Dispossessory and distress warrant proceedings 1134 Dispossessory proceedings 1228 LANDSCAPE ARCHITECTS Act regulating, amended 2378 LAURENS COUNTY See also Tabular IndexCountiesHome Rule Amendments. Compensation of tax commissioner 4109 Sheriff's compensation 4469 Small claims court Act amended 4197 LAW ENFORCEMENT OFFICERS Special officers 1089 LAW LIBRARIES Court costs in certain counties (26,200-27,000) 520 Court costs in certain counties (200,000-275,000) 591 Provisions in certain counties (300,000 or more) 586 Use of funds, etc. 1103 LAWRENCEVILLE, CITY OF Corporate limits 4306 LIBRARIANS Board for certification amended 1493 LIBRARIES Countywide systems in certain counties (500,000 or more), proposed amendment to the Constitution 2547 LICENSE FEES AND TAGS Motor vehicles 422 LIENS Property held in possession by certain depositories 915 LIFE INSURANCE Group policies 822 LINCOLN COUNTY Chairman of board of commissioners 4092 Compensation of tax commissioner 4517 LIVESTOCK DEALERS AND MARKET OPERATORS Licensing, etc. 1804

Page 2775

LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Court reporter's salary 526 LOTTERIES Promotional contests 1661 LOWNDES COUNTY Board of commissioners, referendum 3582 Business Licenses, proposed amendment to the Constitution 2593 Jurisdiction of small claims court 3619 Justices of the peace, proposed amendment to the Constitution 2592 Street improvement bonds, proposed amendment to the Constitution 2649 LUMPKIN COUNTY Board of education, referendum 4277 Compensation of county commissioner 3859 Compensation of judge of probate court and clerk of superior court 4006 Compensation of tax commissioners 4001 Sheriff's compensation 4003 Superintendent of schools, referendum 4274 LYONS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. M MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT Amended 4409 Employees' pension plan amended 4157 MACON-BIBB COUNTY TRANSIT AUTHORITY ACT OF 1980 Amended 4339 MACON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Corporate limits 4781 Pensions of firemen and police, proposed amendment to the Constitution 2549 MACON COUNTY, STATE COURT OF Compensation of judge and solicitor 4063 MANCHESTER, CITY OF Corporate limits 4798 MANN, ARTHUR Compensation for damages 5068

Page 2776

MARIETTA, CITY OF Board of education 4558 Charter amended 4561 Downtown Marietta Development Authority Act amended 4909 MARION COUNTY Compensation of board of commissioners 4640 MARRIAGE Retired state court judges may perform ceremonies 1287 MARRIED PERSONS Domicile 805 Use of surnames 950 MAXEYS, CITY OF Terms of mayor and councilmen 4042 MECHANICS' AND MATERIALMEN'S LIENS Defined, notices, etc. 1144 MEDICAL ASSISTANCE ACT OF 1977 Amended 824 MEDICAL EXAMINERS, STATE BOARD Act amended 2266 MERIT SYSTEM EMPLOYEES Religious holidays 986 MERIWETHER COUNTY Justices of the peace, proposed amendment to the Constitution 2582 METALS, PRECIOUS Act regulating dealers amended 1504 METHAQUALONE Crimes, etc. 2215 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 Amended 3707 , 5101 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Extended 1322 MILITARY INSTALLATIONS Sale of timber 853

Page 2777

MILITIA DISTRICTS Qualifications, etc. 825 MILLER COUNTY Compensation of board of commissioners 4246 MILNER, CITY OF Elections, etc. 4486 MINORS Contributing to delinquency of minors 968 Deposits in financial institutions 1085 MITCHELL COUNTY SCHOOL DISTRICT Sales tax for educational purposes, proposed amendment to the Constitution 2643 MOBILE HOMES Uniform Standards Code amended 1376 MOLENA, CITY OF New charter 4935 MONTGOMERY COUNTY Board of commissioners, districts, etc. 4115 MORGAN COUNTY Board of commissioners, election districts 4184 Coroner's salary 3766 Small claims court Act amended 3768 MOSS, C.L. Parkway designated 5059 MOTOR CARRIERS Defined 410 , 827 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended 403 , 1784 MOTOR VEHICLE SAFETY RESPONSIBILITY ACT Amended 1751 MOTOR VEHICLE SAFETY WEEK Designated 1317

Page 2778

MOTOR VEHICLES Amateur radio operator license plates 1075 Care owed passengers 1283 Insurance 1234 Insurance policies 1624 License fees and tags 422 License plates, etc. 1584 License plates for operators of citizens' band radios 1118 Operators licenses for operators 16 or 17 years of age 1862 Purchase of license plates by mail 964 Registration by nonresidents 720 Removal of abandoned motor vehicles 1650 Special license plates for street rods 2298 Speed limits in construction areas 1290 Suspension of operators licenses 1601 , 1633 Titles for rebuilt vehicles 1676 MOULTRIE-COLQUITT COUNTY DEVELOPMENT AUTHORITY Bonds, proposed amendment to the Constitution 2578 MOUNTAIN PARK, CITY OF New charter 3648 MOUNTVILLE WATER AUTHORITY ACT Enacted 4452 MUNICIPAL BONDS Interest rates, etc. 1603 MUNICIPAL ELECTION CODE Amended 1670 MUNICIPALITIES Act providing benefits for certain officers and employees of certain cities amended (more than 150,000) 3843 Authority to close streets in certain municipalities (400,000 or more) 1177 Compensation of named officials of certain municipalities (5,150-5,300) 4046 Grants 869 Street improvements in certain cities (600 or more) 502 MUSEUM OF ART State Museum of Art designated 1355 MUTUAL AID RESOURCE PACTS FOR FIRE PROTECTION ACT Amended 955

Page 2779

N NAMES Use of surnames after marriage 950 NATIONAL MOTTO Display in classrooms 913 NATURAL RESOURCES, DEPARTMENT OF See also Game and Fish. Game and Fish Code amended 1729 , 1771 NEWNAN, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. NEWTON COUNTY Homestead exemptions, proposed amendment to the Constitution 2640 Jurisdiction of probate court 4441 Land conveyance 1341 NOTARIES PUBLIC Commissions, etc. 1106 NURSES Georgia Board of Nursing Act amended 2500 Licensure of practical nurses 2222 O OCCUPATIONAL THERAPY LICENSING ACT Amended 2224 OCONEE COUNTY PUBLIC UTILITY AUTHORITY ACT Amended 4568 OFFICIAL CODE OF GEORGIA ANNOTATED Amended 3 Distribution 793 Revision 2107 OFFENDER REHABILITATION, BOARD OF Detainers 1373 Responsibility for medical costs 1361 Reimbursement of costs to counties 1364 OPEN MEETINGS LAW Amended 1810

Page 2780

OPTOMETRY Board of Examiners, Act amended 1278 P PARENTS Cruel treatment of children 1369 PARENTS AND GUARDIANS Liability for malicious acts of children 849 PAULDING COUNTY Compensation of tax commissioner 4232 Homestead exemption for educational purposes, proposed amendment to the Constitution 2511 PEACE OFFICERS Witness fees 982 PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Amended 2362 , 2367 PEACE OFFICER STANDARDS AND TRAINING ACT Amended 2478 PELHAM INDEPENDENT SCHOOL DISTRICT Sales tax for educational purposes, proposed amendment to the Constitution 2643 PERFORMANCE BONDS Public contracts 686 PERRY REDEVELOPMENT AUTHORITY ACT Repealed 4448 PHARMACY Practioner defined 1264 State Board of Pharmacy Act amended 1156 PHYSICAL THERAPY Georgia Physical Therapy Act amended 1416 PHYSICIANS Affidavits and evaluations 1221 Reports of certain physical injuries 1249 PHYSICIAN'S ASSISTANT ACT Amended 1148

Page 2781

PHYSICIANS AND PATIENTS Release of information to Department of Human Resources 1077 PICKENS COUNTY Compensation of clerk of superior court 4503 Compensation of county commissioner 4501 Compensation of judge of probate court 4506 Compensation of sheriff 4508 Compensation of tax commissioner 4505 PIEDMONT JUDICIAL CIRCUIT Judge's compensation 523 Judge's supplement from Banks County 582 PIERCE COUNTY School board and superintendent, referendum 4649 School district homestead exemptions, proposed amendment to the Constitution 2584 PIKE COUNTY Compensation of clerk of superior court 4230 Compensation of probate court judge 4223 Compensation of tax commissioner 4225 Sheriff's compensation 4221 Small claims court Act amended 4218 PINE LAKE, CITY OF Homestead exemptions, proposed amendment to the Constitution 2590 PISTOLS Crimes, concealed weapons, etc. 789 PODIATRY Act regulating, amended 1621 POLK COUNTY Compensation of board of commissioners 4216 Deputy sheriffs 4668 Jurisdiction of justices of the peace, proposed amendment to the Constitution 2513 POLK COUNTY, STATE COURT OF Abolished 4537 POLYGRAPH EXAMINERS ACT Amended 1582

Page 2782

POOLER, TOWN OF Charter amended 3872 PORT WENTWORTH, CITY OF Corporate limits 4445 POST MORTEM EXAMINATION ACT Amended 718 , 959 POULAN, CITY OF Corporate limits 4601 POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY Powers, membership, etc., proposed amendment to the Constitution 2505 PRACTICAL NURSES Licensure 2222 PRACTICE AND PROCEDURE Affidavits of indigence, etc. 933 Appointment of guardians ad litem 796 Attachment 1578 Child support Recovery Act amended 1204 , 1207 Competency of spouse to testify as to adultery of other 1187 Consent judgments 1262 Depositions and discovery 2374 Dispossessory and distress warrant proceedings 1134 Dispossessory proceedings, etc. 1228 Effect of dismissal 784 Habeas corpus relief from court sentences 786 Investigations in child custody cases 1189 Jurisdiction over controversies relating to legitimate children 1369 Limitations on firemen's civil liability 1150 Mechanics' and Materialmen's liens 1144 Notice to owners of tax executions 1184 Prevention of family violence 2300 PRECIOUS METALS Act regulating dealers amended 1504 PRETRIAL INTERVENTION PROGRAMS Georgia Department of Labor 1093 PROBATE COURTS Appointment of guardians ad litem 796 Controversies relating to legitimate children 1369 Courts of Inquiry, etc. 493

Page 2783

Disposition of fines, etc. in certain counties (13,700-13,900) (15,200-15,400) 4581 Executive Countil established 1612 Fees in certain counties (25,400-25,900) 552 Judges' retirement 2207 Judges salaries in certain counties (550,000 or more) 3626 Judges' training 682 Jurisdiction 1502 Records 1617 Vacancies in office of judge in certain counties (160,000-169,000) 544 , 4303 PROBATION Certain counties to become a part of state-wide probation system (550,000 or more) 5099 State-wide Probation Act amended 1605 , 2283 PROFESSIONAL ENGINEERS Registration, etc. 2271 , 2308 PROFESSIONAL ENGINEERING FIRMS Registration, etc. 2269 PROFESSIONAL FUND RAISING Regulation 922 PROFESSIONAL SANITARIANS Act regulating, amended 798 PROPERTY Disposition of seized property, etc. 2336 Sale or disposition of forfeited property 2273 PSYCHOLOGISTS, APPLIED Licensure 1589 PUBLIC ACCOUNTANCY ACT OF 1977 Amended 1782 PUBLIC ASSISTANCE ACT OF 1965 Amended 883 , 1281 PUBLIC CONTRACTS Performance bonds 686 PUBLIC DEFENDERS Appointment, etc. 1181

Page 2784

PUBLIC EMPLOYEES Leave to participate in blood donation 845 PUBLIC OFFICIALS Recall procedures 1653 PUBLIC RECORDS INSPECTION ACT Amended 1789 PUBLIC SCHOOL EMPLOYEE Defined 896 PUBLIC REVENUE See also Revenue Ad valorem taxation, etc., prepayment agreements 2382 Closing of tax books in certain counties (15,200-15,400) 999 Duties of tax collectors, etc. in certain counties (90,000-140,000) (150,300-155,000) 996 Fees charged on tax executions 1114 Fees for collecting school taxes in certain counties (350,000-500,000) 1853 Homestead exemptions from ad valorem taxation 1108 Income tax credits, etc. 2497 Motor vehicle license plates 422 , 1075 , 1118 , 1584 Property tax exemptions from ad valorem taxation 1101 Sale, etc. of alcoholic beverages regulated 1463 Special license plates for street rods 2298 Tax due dates in certain counties (250,000-400,000) 936 Tax executions 847 Taxation on wineries 1111 PUBLIC SERVICE COMMISSION Cost of operating 1063 Director of utility finance section 1174 Duties, powers, etc. 412 Motor carrier defined 827 PULASKI COUNTY Election of members of board of education, proposed amendment to the Constitution 2664 School superintendent, referendum 4638 PULASKI COUNTY-HAWKINSVILLE DEVELOPMENT AUTHORITY Members 4209 PUTNAM COUNTY Coroner's salary 3844 Small claims court created 3899 , 4258

Page 2785

R RABUN COUNTY Compensation of tax commissioner 4293 Sales tax for educational purposes, proposed amendment to the Constitution 2522 RAILROADS Special officers 1183 REAL ESTATE Georgia Land Sales Act of 1982 1431 REAL ESTATE BROKERS AND SALESPERSONS Licensing, etc. 1001 REAL PROPERTY Facade and conservation easements, etc. 1227 Transfers by corporations 1197 REBUILT VEHICLES Titles 1676 RECORDER'S COURTS Judges in certain counties (180,000-190,000) 4500 RECORDS Destruction by Department of Family and Children Services 881 First offenders 1807 Public Records Inspection Act amended 1789 REGISTER, TOWN OF Incorporated 3530 REGISTERED PROFESSIONAL SANITARIANS Act regulating, amended 1644 RELIGIOUS HOLIDAYS Merit system employees 986 RESIDENTIAL FINANCE AUTHORITY LAW Amended 1716 , 1813 , 2228 RETIREMENT Pension system for employees, etc. of certain cities amended (300,000 or more) 3887 , 4385

Page 2786

REVENUE See also Public Revenue . Amateur radio operator motor vehicle license plates 1075 Homestead exemptions in certain counties (34,000-34,500) 531 Motor vehicle license plates for operators of citizens' band radios 1118 Public Revenue Code amended as to certain counties (63,000-72,000) 575 Purchase of motor vehicle license plates by mail 964 Quarterly billing of ad valorem taxes in certain counties (100,000-150,000) 595 Registration of motor vehicles by nonresidents 720 Tax due dates in certain counties (250,000-400,000 936 Tax executions 847 Tax returns in certain counties (25,100-25,400) 537 REVENUE SHORTFALL RESERVE ACT Amended 1288 RICHMOND COUNTY Compensation of named officials 3941 Merit system for sheriff's employees, proposed amendment to the Constitution 2639 RICHMOND COUNTY, CIVIL COURT OF Costs, etc. 3738 RICHMOND COUNTY MERIT SYSTEM ADVISORY COMMISSION Created 5070 RINCON, TOWN OF Vacancies in office of mayor or councilperson 3935 RIVERDALE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . ROCKDALE COUNTY Board of commissioners, compensation 4845 Clerk of superior court, compensation 4847 Coroner's compensation 4843 Magistrate's Court 4040 Probate court judge's compensation 4839 Public defender's compensation 4867 Sheriff's compensation 4841 Tax commissioner's compensation 4837 ROCKDALE JUDICIAL CIRCUIT Created 439 ROME, CITY OF Corporate limits 4022

Page 2787

ROME JUDICIAL CIRCUIT Additional judge 501 Grand jury 534 ROOSEVELT WARM SPRINGS INSTITUTE FOR REHABILITATION Memorial to Franklin Delano Roosevelt 1323 ROSWELL, CITY OF Corporate limits 3678 S SAFE DAMS Georgia Safe Dams Act of 1978 amended 2339 SAFETY FIRE COMMISSIONER Enforcement of fire safety standards, etc. 479 ST. MARYS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments . SALKIN, MRS. DORA Compensation for damages 5062 SANITARIANS Act regulating professional sanitarians amended 1644 SAVANNAH, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments . City-County school system, districts 4139 SAVANNAH PORT AUTHORITY Cost of project defined 993 SAVANNAH RIVER Upper Savannah River Development Authority Act 2076 SAVINGS AND LOAN ASSOCIATIONS Branches, etc. 1781 Reports of certain currency transactions 2219 SCHLEY COUNTY Justices of the peace, proposed amendment to the Constitution 2598 SCHOOL FINANCE STUDY COMMISSION Created 1311

Page 2788

SCHOOL TAXES Fees for collecting in certain counties (350,000-500,000) 1853 SCREVEN COUNTY Ad valorem tax exemptions, proposed amendment to the Constitution 2635 SECONDARY SECURITY DEEDS Interest, etc. 488 SECURITIES Transactional exemptions 1178 SECURITY AGREEMENTS Releases by corporations 1197 SELF-SERVICE STORAGE Georgia Self-service Storage Facility Act 2286 SEMINOLE COUNTY Compensation of clerk of superior court 3848 Sheriff's compensation 4665 SENATORIAL DISTRICTS Amended 444 SENTENCE REVIEW Sentence review panels, etc. 1271 SERVICES FOR THE AGED Study committees 1342 SHERIFFS Bonds of deputy sheriffs 1779 Cash bonds in certain counties (400,000 or more) 991 Compensation in certain counties (14,000-15,000) (18,000-18,100) 4615 Compensation in certain counties (190,000-210,000) 4382 Fees 1659 Investigations, suspensions, etc. 425 Minimum salaries 1267 Notice to owners of tax executions 1184 SHERIFFS' RETIREMENT FUND OF GEORGIA ACT Amended 925 , 1060 , 1607 SIKES, MS. LINDA A. Compensation for damages 5063

Page 2789

SMALL CLAIMS COURTS See also named county. Act creating in certain counties amended (7,500-7,900) 4309 Act creating in certain counties amended (19,500-19,700) (20,900-21,200) 4427 GEO. L. SMITH II WORLD CONGRESS CENTER Act amended 1122 SOUTH COBB DEVELOPMENT AUTHORITY ACT Enacted 3772 SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT Enacted 2389 SOUTHWESTERN JUDICIAL CIRCUIT Terms in Sumter County 546 SOVEREIGN IMMUNITY Actions ex contractu 495 Defined, etc., proposed amendment to the Constitution 2546 SPALDING COUNTY Election of members of Griffin-Spalding County Board of Education, proposed amendment to the Constitution 2680 Sales tax to finance public facilities, etc., proposed amendment to the Constitution 2677 Small claims court Act amended 4864 SPALDING COUNTY WATER AND SEWERAGE AUTHORITY ACT Enacted 4987 SPORTS HALL OF FAME Act amended 1153 STATE BOARD FOR CERTIFICATION OF LIBRARIANS Act amended 1493 STATE BOARD OF OFFENDER REHABILITATION Detainers 1373 Responsibility for medical costs 1361 STATE BOARD OF PHARMACY ACT Amended 1156 , 1264 STATE BOARD OF PODIATRY EXAMINERS Act amended 1621

Page 2790

STATE BOARD OF REGISTRATION OF USED CAR DEALERS Amended 834 STATE BUILDING ADMINISTRATIVE BOARD Functions transferred, etc. 698 STATE COURTS See also named courts. Clerks' compensation 1180 Retried judges may perform marriage ceremonies 1287 Terms in certain counties (350,000-500,000) 518 STATE EMPLOYEES Religious holidays 986 STATE EMPLOYEES' HEALTH BENEFIT PLAN Funding 1325 STATE FIRE MARSHAL Reports of arson, etc. 792 STATE MUSEUM OF ART OF STATE OF GEORGIA Designated 1355 STATE PERSONNEL BOARD Adverse actions, appeals, etc. 1245 Employee charitable, etc. contributions 2274 Positions excluded from classified service 1251 Public school employee defined, etc. 896 STATE PROPERTIES COMMISSION Authority, etc. 857 STATE SENATORIAL DISTRICTS Act amended 444 STATE-WIDE FIRE PROTECTION STUDY COMMITTEE Extended, etc. 1348 STATE-WIDE PROBATION ACT Amended 1097 , 1605 , 2283 STATE-WIDE PROBATION SYSTEM Certain county system to become a part of state-wide system (550,000 or more) 5099 J. P. STEVENS CO., INC. Land conveyance 1305

Page 2791

STEWART COUNTY Compensation of county commissioner 3890 Compensation of deputy sheriff 4512 STONE MOUNTAIN JUDICIAL CIRCUIT Rockdale Circuit created 439 STONE MOUNTAIN MEMORIAL ASSOCIATION ACT Amended 1864 Sale of alcoholic beverages 804 STORAGE Georgia Self-service Storage Facility Act 2286 STREET RODS Special license plantes, etc. 2298 STUDENT FINANCE AUTHORITY Amended 1699 , 1860 SUBPOENAS Witness fees for peace officers 982 SUMTER COUNTY Sheriff's salary 3612 Small claims court Act amended 3919 Superior Court terms 546 Tax commissioner's salary 3614 SUPERIOR COURT CLERKS Compensation 1180 Fees for filing financing statements 879 Storage of records in certain counties (550,000 or more) 3851 Vacancies 877 SUPERIOR COURT CLERKS' RETIREMENT SYSTEM ACT Amended 1273 SUPERIOR COURT JUDGES RETIREMENT SYSTEM ACT Amended 497 , 1568 SUPERIOR COURTS Judge's secretaries 1486 SUPPLEMENTARY APPROPRIATIONS ACT Enacted 2A , 150 , 486

Page 2792

SUPREME COURT Court costs, affidavits of indigence 1186 SUPREME COURT REPORTS Publication 892 SURNAMES Use after marriage 950 T TAX COLLECTORS Compensation 2244 Duties, etc. in certain counties (90,000-140,000) (150,300-155,000) 996 TAX COMMISSIONERS Compensation 2244 Compensation in certain counties (190,000-210,000) 4382 Vacancies in certain counties (160,000-169,000) 543 TAX EXECUTIONS Fees 1114 Interest, etc. 847 Notice to owners 1184 TAYLOR COUNTY Probate court personnel 4621 Superior court clerk's personnel 4623 Superior court terms 536 TEACHERS Grounds for terminating contracts, etc. 2188 TEACHERS' RETIREMENT SYSTEM ACT Amended 965 , 975 , 978 , 1095 , 1192 , 1610 TELFAIR COUNTY Board of education, terms, vacancies, etc. 3854 TENNILLE, CITY OF Corporate limits 4101 TERRELL COUNTY Small claims court Act amended 3913 Tax commissioner's compensation 4443

Page 2793

THEFT Punishment for crimes 1371 THOMASTON, CITY OF City-county board of tax assessors Act amended 4228 THOMASTON-UPSON COUNTY INDUSTRIAL AUTHORITY Projects, proposed amendment to the Constitution 2607 THUNDERBOLT, TOWN OF Corporate limits, referendum 4295 TIDWELL, JAMES E. Land conveyance 1336 TIFT COUNTY Charter commission, proposed amendment to the Constitution 2557 TIFTON, CITY OF Charter commission, proposed amendment to the Constitution 2557 TIMBER Proceeds of sales from military installations 853 TORTS Care owed passengers by operators of motor vehicles 1283 Compressed gases 2211 Immunity of school personnel from civil liability 2495 TOWNS COUNTY Sales tax for educational purposes, proposed amendment to the Constitution 2540 TRACTORS AND FARM EQUIPMENT Transactions, titles, etc. 1753 , 1791 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT Amended 961 TRION, CITY OF Sales tax for educational purposes, proposed amendment to the Constitution 2675 TROUP COUNTY Coroner's compensation 4348 Mountville Water Authority Act 4452 Salaries of named officials 4342 Small claims court Act amended 4345 TROUP COUNTY, STATE COURT OF Compensation of judge and solicitor 4350

Page 2794

TUCKER, ROBERT Compensation for damages 5056 TWIGGS COUNTY Compensation of board of commissioners 3689 Compensation of clerk of superior court, etc. 3680 Compensation of judge of probate court, etc. 3696 Compensation of tax commissioner, etc. 3692 Election of board of commissioners, etc. 3632 Election of members of board of education, referendum 3627 Sheriff's compensation, etc. 3684 TWIN CITY, CITY OF Charter amended 4520 TYBEE ISLAND, CITY OF Corporate limits 4188 TYRONE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments. U UNCLAIMED PROPERTY Disposition of Unclaimed Property Act amended 1787 UNDERGROUND GAS PIPES Blasting, etc. near 1577 UNIFORM STANDARDS CODE FOR MOBILE HOMES Amended 1376 UNION CAMP CORPORATION Mineral lease 1328 UNION CITY, CITY OF Homestead exemptions, proposed amendment to the Constitution 2597 New charter 4676 UNION COUNTY Clerk of superior court placed on salary basis 3568 Judge of probate court placed on salary basis 3573 Sales tax for educational purposes, proposed amendment to the Constitution 2507 Sheriff placed on salary basis 3575 Tax commissioner placed on salary basis 3564 UNITED STATES Jurisdiction over land ceded to or acquired by United States 1867

Page 2795

UPPER SAVANNAH RIVER DEVELOPMENT AUTHORITY ACT Enacted 2076 UPSON COUNTY City-county board of tax assessors Act amended 4228 Compensation of board of commissioners 4616 Thomaston-Upson County Industrial Authority, proposed amendment to the Constitution 2607 USED CAR DEALERS Board of Registration Act, amended 834 USURY Interest on unpaid interest 420 V VALDOSTA, CITY OF Central Valdosta Development Authority Act amended 4310 Charter amended 3954 VETERANS Reports, etc. of exposure to agent orange 2321 VETERINARY MEDICINE Board of Veterinary Medicine Act amended 1065 VITAL RECORDS Georgia Health Code amended 723 VOCATIONAL REHABILITATION Division of Department of Human Resources, name changed 833 VOTER REGISTRATION Election Code amended 1512 Places for registration 442 W WALKER COUNTY Employees of clerk of superior court 4421 Hospital authority Act amended, members 4531 Small claims court created 4926 WALTON COUNTY Business licenses, proposed amendment to the Constitution 2655 Small claims court Act amended 4575

Page 2796

WARE COUNTY County manager, proposed amendment to the Constitution 2563 WARREN COUNTY Compensation of board of commissioners 4515 Compensation of deputy clerk of superior court 4061 Compensation of tax commissioner's employees 4214 WASHINGTON COUNTY Compensation of commissioners, purchases, etc. 4134 WASHINGTON COUNTY, STATE COURT OF Compensation of judge and solicitor 4103 WATER Georgia Water Quality Control Act 2304 Ground Water Use Act of 1972 amended 2306 WAYCROSS, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments. Land conveyance, referendum 4611 WAYCROSS PUBLIC FACILITIES AUTHORITY ACT Repealed 3925 WAYNE COUNTY Board of commissioners, referendum 4717 Election of board of commissioners, referendum 3789 WEBSTER COUNTY Commissioner's expenses 3892 Compensation of tax commissioner, etc. 3894 WHEELER COUNTY Board of education, referendum 4126 Employees of clerk of superior court 4120 Sheriff's employees 4122 Tax commissioner's compensation 4124 Tax commissioner's employees 4118 WHITFIELD COUNTY Compensation of clerk of superior court and judge of probate court 4288 Coroner's compensation 4291 Homestead exemptions, proposed amendment to the Constitution 2576 Judge of superior court to sit as juvenile court judge 509 Merit system of personnel administration, proposed amendment to the Constitution 2595

Page 2797

WILCOX COUNTY Sheriff's salary 3590 WINERIES Taxation 1111 WIRETAPPING, ETC. Surveillance devices, etc. 2319 WITNESS FEES Peace officers 982 WORKER'S COMPENSATION ACT Amended 2360 , 2485 WORKERS' COMPENSATION Insurance 644 WORLD CONGRESS CENTER Geo. L. Smith II World Congress Center Act amended 1122 WORLD FEDERATION RESOLUTION OF 1946 Repealed 1321 WORTH COUNTY Board of commissioners, referendum 3715

Page 2798

POPULATION OF GEORGIA COUNTIES County 1980 1970 1960 1950 1940 1930 Appling 15,565 12,726 13,246 14,003 14,497 13,314 Atkinson 6,141 5,879 6,188 7,362 7,093 6,894 Bacon 9,379 8,233 8,359 8,940 8,096 7,055 Baker 3,808 3,875 4,543 5,952 7,344 7,818 Baldwin 34,686 34,240 34,064 29,706 24,190 22,878 Banks 8,702 6,833 6,497 6,935 8,733 9,703 Barrow 21,293 16,859 14,485 13,115 13,064 12,401 Bartow 40,760 32,911 28,267 27,370 25,283 25,364 Ben Hill 16,000 13,171 13,633 14,879 14,523 13,047 Berrien 13,525 11,556 12,038 13,966 15,370 14,646 Bibb 151,085 143,366 141,249 114,079 83,783 77,042 Bleckley 10,767 10,291 9,642 9,218 9,655 9,133 Brantley 8,701 5,940 5,891 6,387 6,871 6,895 Brooks 15,255 13,743 15,292 18,169 20,497 21,330 Bryan 10,175 6,539 6,226 5,965 6,288 5,952 Bulloch 35,785 31,585 24,263 24,740 26,010 26,509 Burke 19,349 18,255 20,596 23,458 26,520 29,224 Butts 13,665 10,560 8,976 9,079 9,182 9,345 Calhoun 5,717 6,606 7,341 8,578 10,438 10,576 Camden 13,371 11,334 9,975 7,322 5,910 6,338 Campbell 9,903 Candler 7,518 6,412 6,672 8,063 9,103 8,991 Carroll 56,346 45,404 36,451 34,112 34,156 34,272 Catoosa 36,991 28,271 21,101 15,146 12,199 9,421 Charlton 7,343 5,680 5,313 4,821 5,256 4,381 Chatham 202,226 187,816 188,299 151,481 117,970 105,431 Chattahoochee 21,732 25,813 13,011 12,149 15,138 8,894 Chattooga 21,856 20,541 19,954 21,197 18,532 15,407 Cherokee 51,699 31,059 23,001 20,750 20,126 20,003 Clarke 74,498 65,177 45,363 36,550 28,398 25,613 Clay 3,553 3,636 4,551 5,844 7,064 6,943 Clayton 150,357 98,126 46,365 22,872 11,655 10,260 Clinch 6,660 6,405 6,545 6,007 6,437 7,015 Cobb 297,694 196,793 114,174 61,830 38,272 35,408 Coffee 26,894 22,828 21,953 23,961 21,541 19,739 Colquitt 35,376 32,298 34,048 33,999 33,012 30,622 Columbia 40,118 22,327 13,423 9,525 9,433 8,793 Cook 13,490 12,129 11,822 12,201 11,919 11,311 Coweta 39,268 32,310 28,893 27,786 26,972 25,127 Crawford 7,684 5,748 5,816 6,080 7,128 7,020 Crisp 19,489 18,087 17,768 17,663 17,540 17,343 Dade 12,318 9,910 8,666 7,364 5,894 4,146 Dawson 4,774 3,639 3,590 3,712 4,479 3,502 Decatur 25,495 22,310 25,203 23,620 22,234 23,622 DeKalb 483,024 415,387 256,782 136,395 86,942 70,278 Dodge 16,955 15,658 16,483 17,865 21,022 21,599 Dooly 10,826 10,404 11,474 14,159 16,886 18,025 Dougherty 100,978 89,639 75,680 43,617 28,565 22,306 Douglas 54,573 28,659 16,741 12,173 10,053 9,461 Early 13,158 12,682 13,151 17,413 18,679 18,273 Echols 2,297 1,924 1,876 2,494 2,964 2,744 Effingham 18,327 13,632 10,144 9,133 9,646 10,164 Elbert 18,758 17,262 17,835 18,585 19,618 18,485 Emanuel 20,795 18,357 17,815 19,789 23,517 24,101 Evans 8,428 7,290 6,952 6,653 7,401 7,102 Fannin 14,748 13,357 13,620 15,192 14,752 12,969 Fayette 29,043 11,364 8,199 7,978 8,170 8,665 Floyd 79,800 73,742 69,130 62,899 56,141 48,677 Forsyth 27,958 16,928 12,170 11,005 11,322 10,624 Franklin 15,185 12,784 13,274 14,446 15,612 15,902 Fulton 589,904 605,210 556,326 473,572 392,886 318,587 Gilmer 11,110 8,956 8,922 9,963 9,001 7,344 Glascock 2,382 2,280 2,672 3,579 4,547 4,388 Glynn 54,981 50,528 41,954 29,046 21,920 19,400 Gordon 30,070 23,570 19,228 18,922 18,445 16,846 Grady 19,845 17,826 18,015 18,928 19,654 19,200 Greene 11,391 10,212 11,193 12,843 13,709 12,616 Gwinnett 166,903 72,349 43,541 32,320 29,087 27,853 Habersham 25,020 20,691 18,116 16,553 14,771 12,748 Hall 75,649 59,405 49,739 40,113 34,822 30,313 Hancock 9,466 9,019 9,979 11,052 12,764 13,070 Haralson 18,422 15,927 14,543 14,663 14,377 13,263 Harris 15,464 11,520 11,167 11,265 11,428 11,140 Hart 18,585 15,814 15,229 14,495 15,512 15,174 Heard 6,520 5,354 5,333 6,975 8,610 9,102 Henry 36,309 23,724 17,619 15,857 15,119 15,924 Houston 77,605 62,924 39,154 20,964 11,303 11,280 Irwin 8,988 8,036 9,211 11,973 12,936 12,199 Jackson 25,343 21,093 18,499 18,997 20,089 21,609 Jasper 7,553 5,760 6,135 7,473 8,772 8,594 Jeff Davis 11,473 9,425 8,914 9,299 8,841 8,118 Jefferson 18,403 17,174 17,468 18,855 20,040 20,727 Jenkins 8,841 8,332 9,148 10,264 11,843 12,908 Johnson 8,660 7,727 8,048 9,893 12,953 12,681 Jones 16,579 12,270 8,468 7,538 8,331 8,992 Lamar 12,215 10,688 10,240 10,242 10,091 9,745 Lanier 5,654 5,031 5,097 5,151 5,632 5,190 Laurens 36,990 32,738 32,313 33,123 33,606 32,693 Lee 11,684 7,044 6,204 6,674 7,837 8,328 Liberty 37,583 17,569 14,487 8,444 8,595 8,153 Lincoln 6,949 5,895 5,906 6,462 7,042 7,847 Long 4,524 3,746 3,874 3,598 4,086 4,180 Lowndes 67,972 55,112 49,270 35,211 31,860 29,994 Lumpkin 10,762 8,728 7,241 6,574 6,223 4,927 McDuffie 18,546 15,276 12,627 11,443 10,878 9,014 McIntosh 8,046 7,371 6,364 6,008 5,292 5,763 Macon 14,003 12,933 13,170 14,213 15,947 16,643 Madison 17,747 13,517 11,246 12,238 13,431 14,921 Marion 5,297 5,099 5,477 6,521 6,954 6,968 Meriwether 21,229 19,461 19,756 21,055 22,055 22,437 Miller 7,038 6,424 6,908 9,023 9,998 9,076 Milton 6,730 Mitchell 21,114 18,956 19,652 22,528 23,261 23,620 Monroe 14,610 10,991 10,495 10,523 10,749 11,606 Montgomery 7,011 6,099 6,284 7,901 9,668 10,020 Morgan 11,572 9,904 10,280 11,899 12,713 12,488 Murray 19,685 12,986 10,447 10,676 12,137 9,215 Muscogee 170,108 167,377 158,623 118,028 75,494 57,558 Newton 34,439 26,282 20,999 20,185 18,576 17,290 Oconee 12,427 7,915 6,304 7,009 7,576 8,082 Oglethorpe 8,929 7,598 7,926 9,958 12,430 12,927 Paulding 26,042 17,520 13,101 11,752 12,832 12,327 Peach 19,151 15,990 13,846 11,705 10,378 10,268 Pickens 11,652 9,620 8,903 8,855 9,136 9,687 Pierce 11,897 9,281 9,678 11,112 11,800 12,522 Pike 8,937 7,316 7,138 8,459 10,375 10,853 Polk 32,386 29,656 28,015 30,976 28,467 25,141 Pulaski 8,950 8,066 8,204 8,808 9,829 9,005 Putnam 10,295 8,394 7,798 7,731 8,514 8,367 Quitman 2,357 2,180 2,432 3,015 3,435 3,820 Rabun 10,466 8,327 7,456 7,424 7,821 6,331 Randolph 9,599 8,734 11,078 13,804 16,609 17,174 Richmond 181,629 162,437 135,601 108,876 81,863 72,990 Rockdale 36,747 18,152 10,572 8,464 7,724 7,247 Schley 3,433 3,097 3,256 4,036 5,033 5,347 Screven 14,043 12,591 14,919 18,000 20,353 20,503 Seminole 9,057 7,059 6,802 7,904 8,492 7,389 Spalding 47,899 39,514 35,404 31,045 28,427 23,495 Stephens 21,763 20,331 18,391 16,647 12,972 11,740 Stewart 5,896 6,511 7,371 9,194 10,603 11,114 Sumter 29,360 26,931 24,652 24,208 24,502 26,800 Talbot 6,534 6,625 7,127 7,687 8,141 8,458 Taliaferro 2,032 2,423 3,370 4,515 6,278 6,172 Tattnall 18,134 16,557 15,837 15,939 16,243 15,411 Taylor 7,902 7,865 8,311 9,113 10,768 10,617 Telfair 11,445 11,394 11,715 13,221 15,145 14,997 Terrell 12,017 11,416 12,742 14,314 16,675 18,290 Thomas 38,098 34,562 34,319 33,932 31,289 32,612 Tift 32,862 27,288 23,487 22,645 18,599 16,068 Toombs 22,592 19,151 16,837 17,382 16,952 17,165 Towns 5,638 4,565 4,538 4,803 4,925 4,346 Treutlen 6,087 5,647 5,874 6,522 7,632 7,488 Troup 50,003 44,466 47,189 49,841 43,879 36,752 Turner 9,510 8,790 8,439 10,479 10,846 11,196 Twiggs 9,354 8,222 7,935 8,308 9,117 8,372 Union 9,390 6,811 6,510 7,318 7,680 6,340 Upson 25,998 23,505 23,800 25,078 25,064 19,509 Walker 56,470 50,691 45,264 38,198 31,024 26,206 Walton 31,211 23,404 20,481 20,230 20,777 21,118 Ware 37,180 33,525 34,219 30,289 27,929 26,558 Warren 6,583 6,669 7,360 8,779 10,236 11,181 Washington 18,842 17,480 18,903 21,012 24,230 25,030 Wayne 20,750 17,858 17,921 14,248 13,122 12,647 Webster 2,341 2,362 3,247 4,081 4,726 5,032 Wheeler 5,155 4,596 5,342 6,712 8,536 9,149 White 10,120 7,742 6,935 5,951 6,417 6,056 Whitfield 65,780 55,108 42,109 34,432 26,105 20,808 Wilcox 7,682 6,998 7,905 10,167 12,755 13,439 Wilkes 10,951 10,184 10,961 12,388 15,084 15,944 Wilkinson 10,368 9,393 9,250 9,781 11,025 10,844 Worth 18,064 14,770 16,682 19,357 21,374 21,094 Total 5,464,265 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506

Page 2801

POPULATION NUMERICALLY LISTED ACCORDING TO 1980 CENSUS County Population Taliaferro 2,032 Echols 2,297 Webster 2,341 Quitman 2,357 Glascock 2,382 Schley 3,433 Clay 3,553 Baker 3,808 Long 4,524 Dawson 4,774 Wheeler 5,155 Marion 5,297 Towns 5,638 Lanier 5,654 Calhoun 5,717 Stewart 5,896 Treutlen 6,087 Atkinson 6,141 Heard 6,520 Talbot 6,534 Warren 6,583 Clinch 6,660 Lincoln 6,949 Montgomery 7,011 Miller 7,038 Charlton 7,343 Candler 7,518 Jasper 7,553 Wilcox 7,682 Crawford 7,684 Taylor 7,902 McIntosh 8,046 Evans 8,428 Johnson 8,660 Brantley 8,701 Banks 8,702 Jenkins 8,841 Oglethorpe 8,929 Pike 8,937 Pulaski 8,950 Irwin 8,988 Seminole 9,057 Twiggs 9,354 Bacon 9,379 Union 9,390 Hancock 9,466 Turner 9,510 Randolph 9,599 White 10,120 Bryan 10,175 Putnam 10,295 Wilkinson 10,368 Rabun 10,466 Lumpkin 10,762 Bleckley 10,767 Dooly 10,826 Wilkes 10,951 Gilmer 11,110 Greene 11,391 Telfair 11,445 Jeff Davis 11,473 Morgan 11,572 Pickens 11,652 Lee 11,684 Pierce 11,897 Terrell 12,017 Lamar 12,215 Dade 12,318 Oconee 12,427 Early 13,158 Camden 13,371 Cook 13,490 Berrien 13,525 Butts 13,665 Macon 14,003 Screven 14,043 Monroe 14,610 Fannin 14,748 Franklin 15,185 Brooks 15,255 Harris 15,464 Appling 15,565 Ben Hill 16,000 Jones 16,579 Dodge 16,955 Madison 17,747 Worth 18,064 Tattnall 18,134 Effingham 18,327 Jefferson 18,403 Haralson 18,422 McDuffie 18,546 Hart 18,585 Elbert 18,758 Washington 18,842 Peach 19,151 Burke 19,349 Crisp 19,489 Murray 19,685 Grady 19,845 Wayne 20,750 Emanuel 20,795 Mitchell 21,114 Meriwether 21,229 Barrow 21,293 Chattahoochee 21,732 Stephens 21,763 Chattooga 21,856 Toombs 22,592 Habersham 25,020 Jackson 25,343 Decatur 25,495 Upson 25,998 Paulding 26,042 Coffee 26,894 Forsyth 27,958 Fayette 29,043 Sumter 29,360 Gordon 30,070 Walton 31,211 Polk 32,386 Tift 32,862 Newton 34,439 Baldwin 34,686 Colquitt 35,376 Bulloch 35,785 Henry 36,309 Rockdale 36,747 Laurens 36,990 Catoosa 36,991 Ware 37,180 Liberty 37,583 Thomas 38,098 Coweta 39,268 Columbia 40,118 Bartow 40,760 Spalding 47,899 Troup 50,003 Cherokee 51,699 Douglas 54,573 Glynn 54,981 Carroll 56,346 Walker 56,470 Whitfield 65,780 Lowndes 67,972 Clarke 74,498 Hall 75,649 Houston 77,605 Floyd 79,800 Dougherty 100,978 Clayton 150,357 Bibb 151,085 Gwinnett 166,903 Muscogee 170,108 Richmond 181,629 Chatham 202,226 Cobb 297,694 Dekalb 483,024 Fulton 589,904 Total 5,464,265

Page 2803

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

Page 2805

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1980-1981 District Name Address 22 Thomas F. Allgood 712 Montrose Ct., Augusta 30904 45 W. D. (Don) Ballard 1122 Monticello St., Covington 30209 18 Ed Barker P.O. Box KK, Warner Robins 31099 33 Roy E. Barnes 639 Maran Lane, Mableton 30059 5 Robert H. (Bob) Bell 2535 Henderson Mill Rd. N.E., Atlanta 30345 39 Julian Bond 361 Westview Dr. S.W., Atlanta 30310 13 Rooney L. Bowen P.O. Box 417, Vienna 31092 51 Max Brannon P.O. Box 1027, Calhoun 30701 56 Haskew H. Brantley, Jr. P.O. Box 605, Alpharetta, 30201 46 Paul Collins Broun 165 Pulaski St., Athens 30601 47 M. Parks Brown P.O. Box 37, Hartwell 30643 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 28 Kyle Trueman Cobb P.O. Box 1010, Griffin 30224 1 J. Tom Coleman, Jr. P.O. Box 22398, Savannah 31403 40 Paul Douglas Coverdell 2015 Peachtree Rd. N.E., Atlanta 30309 49 J. Nathan Deal P.O. Box 2522, Gainesville 30503 31 Nathan Dean P.O. Box 606, Rockmart 30153 7 Frank Eldridge, Jr. P.O. Box 1968, Waycross 31501 21 Bill English P.O. Box 521, Swainsboro 30401 34 Bev Engram 749 Pinehurst Dr., P.O. Box 431, Fairburn 30213 37 Todd Evans P.O. Box 8276; Station F, Atlanta 30306 52 Dan H. Fincher 1392 Horseleg Creek Rd., Rome 30161 54 W. W. (Bill) Fincher, Jr. P.O. Drawer 400, Chatsworth 30705 50 John C. Foster P.O. Box 100, Cornelia 30531 30 Wayne Garner Route 9, Chapel Heights, Carrollton 30117 20 Hugh Marion Gillis P.O. Box 148, Soperton 30457 26 Richard L. Greene Suite 517, First National Bank Bldg., Macon 31202 29 Render Hill P.O. Box 246, Greenville 30222 12 Al Holloway P.O. Box 588, Albany 31702 17 Janice S. Horton 430 Burke Circle, McDonough 30253 42 Pierre Howard 1105-H Clairmont Ave., Decatur 30030 15 Floyd Hudgins P.O. Box 12127, Columbus 31907 35 Perry J. Hudson 3380 Old Jonesboro Rd., Hapeville 30354 4 Joseph E. Kennedy P.O. Box 246, Claxton 30417 25 Culver Kidd P.O. Box 370, Milledgeville 31061 16 Ted J. Land 3736 Woodruff Rd., Columbus 31904 23 Jimmy Lester First Federal Savings Bldg., 985 Broad St., Augusta 30902 6 Bill Littlefield P.O. Box 833, Brunswick 31520 24 Sam P. McGill P.O. Box 520, Washington 30673 14 Lewis H. (Bud) McKenzie P.O. Box 565, Montezuma 31063 48 Steve Reynolds 297 Craig Drive, Lawrenceville 30245 27 Lee Robinson 864 Winchester Circle, Macon 31210 43 Thomas R. (Tom) Scott 2887 Alameda Trail, Decatur 30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 36 Jack L. Stephens 2484 Macon Dr. S.E., Atlanta 30315 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 53 E. G. Summers P.O. Box 499, LaFayette 30728 9 Franklin Sutton Route 1, Norman Park 31771 38 Horace E. Tate 621 Lilla Dr. S.W., Atlanta 30310 32 Joe Thompson P.O. Box 1045, Smyrna 30080 11 Jimmy Hodge Timmons 132 S. Woodlawn St., Blakely 31723 10 Paul Trulock P.O. Box 68, Climax 31734 8 Loyce W. Turner P.O. Box 157, Valdosta 31601 41 James W. (Jim) Tysinger 3781 Watkins Place N.E., Atlanta 30319 19 Ronnie Walker P.O. Box 461, McRae 31055 2 Charles Henry Wessels P.O. Box 187, Savannah 31402

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1980-81 District Name Address 1 J. Tom Coleman, Jr. P.O. Box 22398, Savannah 31403 2 Charles Henry Wessels P.O. Box 187, Savannah 31402 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 Rd. N.E., Atlanta 30345 6 Bill Littlefield P.O. Box 833, Brunswick 31520 7 Frank Eldridge, Jr. P.O. Box 1968, Waycross 31501 8 Loyce W. Turner P.O. Box 157, Valdosta 31601 9 Franklin Sutton Route 1, Norman Park 31771 10 Paul Trulock P.O. Box 68, Climax 31734 11 Jimmy Hodge Timmons 132 S. Woodlawn St., Blakely 31723 12 Al Holloway P.O. Box 588, Albany 31702 13 Rooney L. Bowen P.O. Box 417, Vienna 31092 14 Lewis H. (Bud) McKenzie P.O. Box 565, Montezuma 31063 15 Floyd Hudgins P.O. Box 12127, Columbus 31907 16 Ted J. Land 3736 Woodruff Rd., Columbus 31904 17 Janice S. Horton 430 Burke Circle, McDonough 30253 18 Ed Barker P.O. Box KK, Warner Robins 31099 19 Ronnie Walker P.O. Box 461, McRae 31055 20 Hugh Marion Gillis P.O. Box 148, Soperton 30457 21 Bill English P.O. Box 521, Swainsboro 30401 22 Thomas F. Allgood 712 Montrose Ct., Augusta 30904 23 Jimmy Lester First Federal Savings Bldg. 985 Broad St., Augusta 30902 24 Sam P. McGill P.O. Box 520, Washington 30673 25 Culver Kidd P.O. Box 370, Milledgeville 31061 26 Richard L. Greene Suite 517, First National Bank Bldg., Macon 31201 27 Lee Robinson 864 Winchester Circle, Macon 31210 28 Kyle Trueman Cobb P.O. Box 1010, Griffin 30224 29 Render Hill P.O. Box 246, Greenville 30222 30 Wayne Garner Route 9, Chapel Heights, Carrollton 30117 31 Nathan Dean P.O. Box 606, Rockmart 30153 32 Joe Thompson P.O. Box 1045, Smyrna 30080 33 Roy E. Barnes 639 Maran Lane, Mableton 30059 34 Bev Engram 749 Pinehurst Dr., P.O. Box 431, Fairburn 30213 35 Perry J. Hudson 3380 Old Jonesboro Rd., Hapeville 30354 36 Jack L. Stephens 2484 Macon Dr. S.E., Atlanta 30315 37 Todd Evans P.O. Box 8276; Station F, Atlanta 30306 38 Horace E. Tate 621 Lilla Dr. S.W., Atlanta 30310 39 Julian Bond 361 Westview Dr. S.W., Atlanta 30310 40 Paul Douglas Coverdell 2015 Peachtree Rd. N.E., Atlanta 30309 41 James W. (Jim) Tysinger 3781 Watkins Place N.E., Atlanta 30319 42 Pierre Howard 1105-H Clairmont Ave., Decatur 30030 43 Thomas R. (Tom) Scott 2887 Alameda Trail, Decatur 30034 44 Terrell Starr 4766 Tanglewood Lane, Forest Park 30050 45 W. D. (Don) Ballard 1122 Monticello St., Covington 30209 46 Paul Collins Broun 165 Pulaski St., Athens 30601 47 M. Parks Brown P.O. Box 37, Hartwell 30643 48 Steve Reynolds 297 Craig Drive, Lawrenceville 30245 49 J. Nathan Deal P.O. Box 2522, Gainesville 30503 50 John C. Foster P.O. Box 100, Cornelia 30531 51 Max Brannon P.O. Box 1027, Calhoun 30701 52 Dan H. Fincher 1392 Horseleg Creek Rd., Rome 30161 53 E. G. Summers P.O. Box 499, LaFayette 30728 54 W. W. (Bill) Fincher, Jr. P.O. Drawer 400, Chatsworth 30705 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 56 Haskew H. Brantley, Jr. P.O. Box 605, Alpharetta, 30201

Page 2809

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

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1980-81 District Representative Address 56-Post 2 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 36 G. D. Adams 532 St. Johns Ave. Atlanta 30315 14 John Adams 7 East Creekview Dr. Rome 30161 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 21-Post 1 Fred Aiken 4020 Pineview Dr., S.E. Smyrna 30080 8-Post 3 Wendell T. Anderson RFD 4 Canton 30114 63 Bob Argo P.O. Box 509 Athens 30603 154 Dean A. Auten 628 King Cotton Row Brunswick 31520 140 Ralph J. Balkcom Route 1 Blakely 31723 83 Emory E. Bargeron P.O. Box 447 Louisville 30434 108 Wilbur E. Baugh P.O. Box 926 Milledgeville 31061 28 Alveda King Beal 75 Piedmont Ave., Suite 236 Atlanta 30303 148 James M. Beck 2427 Westwood Dr. Valdosta 31601 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 38 Lorenzo Benn 579 Fielding Lane, S.W. Atlanta 30311 103 Kenneth Wilson Birdsong Route 1 Gordon 31031 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 30 Paul Bolster 1043 Ormewood Ave. S.E. Atlanta 30316 137 Paul S. Branch, Jr. Route 4, Box 499-A Fitzgerald 31750 70 Claude A. Bray, Jr. 617 Mayes Way Manchester 31816 34 Tyrone Brooks Station A P.O. Box 11025 Atlanta 30310 95 Thomas B. Buck, III P.O. Box 196 Columbus 31902 21-Post 2 A. L. (Al) Burruss P.O. Box 6338-A Marietta 30065 47 Joe Burton 2598 Woodwardia Rd. N.E., Atlanta 30345 138-Post 2 Roger C. Byrd 302 N. Rogers St. Hazlehurst 31539 96 Gary C. Cason 3128 College Dr. Columbus 31907 111 Don Castleberry P.O. Box 377 Richland 31825 73 G. Richard Chamberlin P.O. Box 378 Stockbridge 30281 131 Tommy Chambliss P.O. Box 2008 Albany 31702 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 89 Donald E. (Don) Cheeks 714 Westminster Court Augusta 30909 15 E. M. (Buddy) Childers 15 Kirkwood St. Rome 30161 51 Mrs. Mobley (Peggy) Childs 520 Westchester Dr. Decatur 30030 55 Betty J. Clark P.O. Box 17852 Atlanta 30316 13-Post 1 Louie Max Clark RFD 2 Danielsville 30633 23 Luther S. Colbert 495 Houze Way Roswell 30076 118 Terry L. Coleman P.O. Box 157 Eastman 31023 144 Marcus E. Collins, Sr. Route 1 Pelham 31779 4-Post 1 Carlton H. Colwell P.O. Box 850 Blairsville 30512 87 Jack Connell P.O. Box 308 Augusta 30903 43-Post 1 Barbara H. Couch 2864 W. Roxboro Rd., N.E., Atlanta 30324 141 Walter E. Cox 202 West St. Bainbridge 31717 5 John G. Crawford Route 1, Box 518 Lyerly 30730 150 Tom Crosby, Jr. 705 Wacona Dr. Waycross 31501 98 Bryant Culpepper P.O. Box 490 Fort Valley 31030 17 Bill Cummings Route 1, 508 Morgan Valley Rd. Rockmart 30153 19-Post 3 George W. (Buddy) Darden P.O. Box 997 Marietta 30061 33 J. C. (Julius C.) Daugherty, Sr. 202 Daugherty Building 15 Chestnut St., S.W. Atlanta 30314 99 Burl Davis 740 Mulberry St. Macon 31201 45 J. Max Davis 1177 W. Nancy Creek Dr., N.E. Atlanta 30319 124 Lamar W. Davis, Jr. P.O. Box 1567 Savannah 31402 29 Douglas C. Dean 356 Arthur St. S.W. Atlanta 30310 85 R. A. Dent 1120 Pine St. Augusta 30901 151 Harry Dixon 1303 Coral Rd. Waycross 31501 74 Denny M. Dobbs 125 Hardwick Dr.-Almon Covington 30209 11 Bill Dover Timbrook Hollywood 30523 110 Ward Edwards P.O. Box 146 Butler 31006 49 Ewell H. (Hank) Elliott 411 Decatur Federal Bldg. Decatur 30030 84 Warren D. Evans P.O. Box 539 Thomson 30824 22 Mrs. Dorothy Felton 465 Tanacrest Dr. N.W. Sandy Springs 30328 71-Post 1 James R. (Jim) Fortune, Jr. 683 Brook Circle Griffin 30223 6-Post 2 R. L. (Shorty) Foster 4899 Tibbs Bridge Rd., S.E., Dalton 30720 27 Cynthia Fuller 742 Myrtle St., N.E., #9 Atlanta 30308 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 122 Ronald E. (Ron) Ginsberg P.O. Box 10105 14 E. State St. Savannah 31412 32 Mildred Glover 735 Lawton St. S.W. Atlanta 30310 82 John F. Godbee 401 Lane St. Brooklet 30415 43-Post 3 John W. Greer 802 Healey Building Atlanta 30303 80 Benson Ham 20 E. Main St. Forsyth 31029 31 Mrs. Grace T. Hamilton 582 University Place N.W., Atlanta 30314 130 Bob Hanner Route 1 Parrott 31777 8-Post 1 Joe Frank Harris 712 West Ave. Cartersville 30120 20-Post 2 Carl Harrison P.O. Box 1374 Marietta 30061 8-Post 2 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 50 John Hawkins 1360 Harvard Rd. N.E. Atlanta 30306 1-Post 2 Forest Hays, Jr. Route 3, St. Elmo Chattanooga, TN 37409 127 Bobby L. Hill 923 West 37th St. Savannah 31401 39 Bob Holmes 2073 Cascade Rd. S. W. Atlanta 30311 116 George Hooks P.O. Box 928 Americus 31709 104 Frank Horne 612 Georgia Power Bldg. Macon 31201 133 R. S. (Dick) Hutchinson 915 Sixth Ave. Albany 31701 10 Jack Irvin, Sr. Route 1, Box 217 Baldwin 30511 20-Post 1 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 75 Neal Jackson 316 N. Broad St. Monroe 30655 77 Wm. S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 117 Ben Jessup P.O. Box 468 Cochran 31014 66-Post 1 Gerald Johnson P.O. Box 815 Carrollton 30117 72-Post 4 Rudolph Johnson 5888 Jonesboro Rd. Morrow 30260 78 William Bailey Jones P.O. Box 3933 Jackson 30233 126 Herbert Jones, Jr. 413 Arlington Rd. Savannah 31406 106 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 139 Ren D. Kemp P.O. Box 497 Hinesville 31313 65 Thomas (Mac) Kilgore 1992 Tara Circle Douglasville 30135 112 E. Roy Lambert 543 North Main St. Madison 30650 40 Dick Lane 2704 Humphries St. East Point 30344 81 Bob Lane 105 Wilton Dr. Statesboro 30458 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 72-Post 1 Wm. J. (Bill) Lee 5325 Hillside Dr. Forest Park 30050 62 Hugh Logan 1328 Prince Ave. Athens 30601 142 Bobby Long 6th St., N.W. Cairo 31728 105 Jimmy Lord P.O. Box 254 Sandersville 31082 43-Post 2 Bettye Lowe 591 W. Paces Ferry Rd. N.W., Atlanta 30305 102 David E. Lucas 448 Woolfolk St. Macon 31201 56-Post 1 Wm. C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 13-Post 3 Charles C. Mann 238 Elbert St. Elberton 30635 26 Sidney J. Marcus 845 Canterbury Rd., N.E. Atlanta 30324 60 Charles Martin 470 Hill St. Buford 30518 145 Hugh D. Matthews Route 1, Box 913 Moultrie 31768 134 T. Hayward (Mac) McCollum 5608 Spring Flats Rd. Albany 31705 12 Lauren (Bubba) McDonald, Jr. Route 2, Box 408-A Commerce 30529 35 J. E. (Billy) McKinney 765 Shorter Terrace N.W., Atlanta 30318 107 John David Miles P.O. Box 345 Metter 30439 13-Post 2 Billy Milford Route 3 Hartwell 30643 138-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 152-Post 1 James C. Moore Route 2 West Green 31567 71-Post 2 John L. Mostiler 150 Meadovista Dr. Griffin 30223 69 Edwin G. (Ed) Mullinax P.O. Drawer 1649 LaGrange 30241 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 88 Sam Nicholson 1762 Davidson Dr. Augusta 30904 20-Post 3 Ken Nix 3878 Manson Ave. Smyrna 30080 121 Clinton Oliver P.O. Box 237 Glennville 30427 86 Mike Padgett Route 1, Box 5 Augusta 30906 109 Bobby E. Parham P.O. Box 606 Milledgeville 31061 149 Robert L. (Bob) Patten Route 1, Box 180 Lakeland 31635 146-Post 1 Edmond Lewis Perry Route 2 Adel Rd. Nashville 31639 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold 30736 125 Bobby Phillips 9219 Melody Dr. Savannah 31406 120 L. L. (Pete) Phillips Box 166 Soperton 30457 59 R. T. (Tom) Phillips 1703 Pounds Rd. (Mountain Park, Gwinnett Co.) Stone Mountain 30087 91 W. Randolph (Randy) Phillips Route 1 Shiloh 31826 41 Greg Pilewicz 2307 Plantation Dr. East Point 30344 100 Frank C. Pinkston 773 Mulberry St. Macon 31201 135 Howard H. Rainey 913 Third Ave. E. Cordele 31015 7 Ernest Ralston P.O. Box 623 Calhoun 30701 3 Thomas P. (Tom) Ramsey III P.O. Box 1130 Chatsworth 30705 101 William C. (Billy) Randall P.O. Box 121 Macon 31202 147 Henry L. Reaves Route 2 Quitman 31643 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 58 Cas M. Robinson 4720 Fellswood Dr. Stone Mountain 30083 93 Charles P. Rose 3821 Commander Dr. Columbus 31903 76 Ben Barron Ross P.O. Box 245 Lincolnton 30817 119 J. Roy Rowland 103 Woodridge Rd. Dublin 31021 64 John Russell P.O. Box 588 Winder 30680 25 John Savage 69 Inman Circle N.E. Atlanta 30309 123 Albert (Al) Scott 738 E. Victory Dr. P.O. Box 1704 Savannah 31402 37 David Scott 190 Wendell Dr. S.E. Atlanta 30315 67 J. Neal Shepard, Jr. 21 Fifth St. Newnan 30263 143 R. Allen Sherrod Route 1 Coolidge 31738 136 Earleen Sizemore Route 3 Sylvester 31791 152-Post 2 Tommy Smith Route 1 Alma 31510 42 Virlyn B. Smith 330 Rivertown Rd. Fairburn 30213 92 Calvin Smyre P.O. Box 181 Columbus 31902 1-Post 1 Wayne Snow, Jr. P.O. Box 26 Rossville 30741 46 Cathey W. Steinberg 1732 Dunwoody Place N.E., Atlanta 30324 90 David Swann 804 Camellia Rd. Augusta 30909 66-Post 2 Charles Thomas P.O. Box 686 Temple 30179 19-Post 2 Steve Thompson 4265 Bradley Dr. Austell 30001 24 Kiliaen V. R. (Kil) Townsend 1701 Northside Dr. N. W. Atlanta 30318 128 Tom Triplett P.O. Box 9586 Savannah 31402 153 James R. (Jim) Tuten, Jr. 528 Newcastle St. Brunswick 31520 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 53 Doug Vandiford 3201 Kensington Rd. Avondale Estates 30002 57 Clarence R. Vaughn, Jr. P.O. Box 410 Conyers 30207 146-Post 2 Monty Veazey P.O. Box 1572 Tifton 31794 113 Ted W. Waddle 113 Tanglewood Dr. Warner Robins 31093 115 Larry Walker P.O. Box 1234 Perry 31069 61 Vinson Wall 164 E. Oak St. Lawrenceville 30256 68 J. Crawford Ware P.O. Box 305 Hogansville 30230 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31099 132 John White P.O. Box 3506 Albany 31706 44 Bruce Widener P.O. Box 88866 Dunwoody 30338 48 Betty Jo Williams 2024 Castleway Dr. N.E., Atlanta 30345 54 Rev. Hosea L. Williams 8 East Lake Dr. N.E. Atlanta 30317 6-Post 1 Roger Williams 132 Huntington Rd. Dalton 30720 19-Post 1 Joe Mack Wilson 77 Church St. Marietta 30060 72-Post 3 Jim Wood 5676 Sequoia Dr. Forest Park 30050 9-Post 1 Joe T. Wood P.O. Box 1417 Gainesville 30503 56-Post 3 Ken Workman 3383 Hyland Dr. Decatur 30032

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1980-81 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Wayne Snow, Jr. P.O. Box 26 Rossville 30741 1-Post 2 Forest Hays, Jr. Route 3, St. Elmo Chattanooga, TN 37409 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold 30736 3 Thomas P. (Tom) Ramsey III P.O. Box 1130 Chatsworth 30705 4-Post 1 Carlton H. Colwell P.O. Box 850 Blairsville 30512 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 5 John G. Crawford Route 1, Box 518 Lyerly 30730 6-Post 1 Roger Williams 132 Huntington Rd. Dalton 30720 6-Post 2 R. L. (Shorty) 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 W. G. (Bill) Hasty, Sr. Route 8, Hilton Dr. Canton 30114 8-Post 3 Wendell T. Anderson, Sr. RFD 4 Canton 30104 9-Post 1 Joe T. Wood P.O. Box 1417 Gainesville 30503 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 10 Jack Irvin, Sr. Route 1, Box 217 Baldwin 30511 11 Bill Dover Timbrook Hollywood 30523 12 Lauren (Bubba) McDonald, Jr. Route 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 St. Elberton 30635 14 John Adams 7 East Creekview Dr. Rome 30161 15 E. M. (Buddy) Childers 15 Kirkwood St. Rome 30161 16 Vacant 17 Bill Cummings Route 1, 508 Morgan Valley Rd. Rockmart 30153 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 19-Post 1 Joe Mack Wilson 77 Church St. Marietta 30060 19-Post 2 Steve Thompson 4265 Bradley Dr. Austell 30001 19-Post 3 George W. (Buddy) Darden P.O. Box 997 Marietta 30061 20-Post 1 Johnny Isakson 5074 Hampton Farms Dr. Marietta 30067 20-Post 2 Carl Harrison P.O. Box 1374 Marietta 30061 20-Post 3 Ken Nix 3878 Manson Ave. Smyrna 30080 21-Post 1 Fred Aiken 4020 Pineview Dr., S.E. Smyrna 30080 21-Post 2 A. L. (Al) Burruss P.O. Box 6338-A Marietta 30065 22 Mrs. Dorothy Felton 465 Tanacrest Dr. N.W. Sandy Springs 30328 23 Luther S. Colbert 495 Houze Way Roswell 30076 24 Kiliaen V. R. (Kil) Townsend 1701 Northside Dr. N.W. Atlanta 30318 25 John Savage 69 Inman Circle N.E. Atlanta 30309 26 Sidney J. Marcus 845 Canterbury Rd., N.E. Atlanta 30324 27 Cynthia Fuller 742 Myrtle St., N.E., #9 Atlanta 30308 28 Alveda King Beal 75 Piedmont Ave., Suite 236 Atlanta 30303 29 Douglas C. Dean 356 Arthur St. S.W. Atlanta 30310 30 Paul Bolster 1043 Ormewood Ave. S.E. Atlanta 30316 31 Mrs. Grace T. Hamilton 582 University Place N.W., Atlanta 30314 32 Mildred Glover 735 Lawton St. S.W. Atlanta 30310 33 J. C. (Julius C.) Daugherty, Sr. 202 Daugherty Building 15 Chestnut St., S.W. Atlanta 30314 34 Tyrone Brooks Station A P.O. Box 11025 Atlanta 30310 35 J. E. (Billy) McKinney 765 Shorter Terrace N.W., Atlanta 30318 36 G. D. Adams 532 St. Johns Ave. Atlanta 30315 37 David Scott 190 Wendell Dr. S.E. Atlanta 30315 38 Lorenzo Benn 579 Fielding Lane, 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 Rd. Fairburn 30213 43-Post 1 Barbara H. Couch 2864 W. Roxboro Rd., N.E., Atlanta 30324 43-Post 2 Bettye Lowe 591 W. Paces Ferry Rd. N.W., Atlanta 30305 43-Post 3 John W. Greer 802 Healey Building Atlanta 30303 44 Bruce Widener P.O. Box 88866 Dunwoody 30338 45 J. Max Davis 1177 W. Nancy Creek Dr., N.E. Atlanta 30319 46 Cathey W. Steinberg 1732 Dunwoody Place N.E., Atlanta 30324 47 Joe Burton 2598 Woodwardia Rd. N.E., Atlanta 30345 48 Betty Jo Williams 2024 Castleway Dr. N.E., Atlanta 30345 49 Ewell H. (Hank) Elliott 411 Decatur Federal Bldg. Decatur 30030 50 John Hawkins 1360 Harvard Rd. N.E. Atlanta 30306 51 Mrs. Mobley (Peggy) Childs 520 Westchester Dr. Decatur 30030 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Doug Vandiford 3201 Kensington Rd. Avondale Estates 30002 54 Rev. Hosea L. Williams 8 East Lake Dr. 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 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 56-Post 3 Ken Workman 3383 Hyland Dr. Decatur 30032 57 Clarence R. Vaughn, Jr. P.O. Box 410 Conyers 30207 58 Cas M. Robinson 4720 Fellswood Dr. Stone Mountain 30083 59 R. T. (Tom) Phillips 1703 Pounds Rd. (Mountain Park, Gwinnett Co.) Stone Mountain 30087 60 Charles Martin 470 Hill St. Buford 30518 61 Vinson Wall 164 E. Oak St. Lawrenceville 30256 62 Hugh Logan 1328 Prince Ave. Athens 30601 63 Bob Argo P.O. Box 509 Athens 30603 64 John Russell P.O. Box 588 Winder 30680 65 Thomas (Mac) Kilgore 1992 Tara Circle Douglasville 30135 66-Post 1 Gerald Johnson P.O. Box 815 Carrollton 30117 66-Post 2 Charles Thomas P.O. Box 686 Temple 30179 67 J. Neal Shepard, Jr. 21 Fifth St. 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. 683 Brook Circle Griffin 30223 71-Post 2 John L. Mostiler 150 Meadovista Dr. Griffin 30223 72-Post 1 Wm. J. (Bill) Lee 5325 Hillside Dr. Forest Park 30050 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 72-Post 3 Jim Wood 5676 Sequoia Dr. Forest Park 30050 72-Post 4 Rudolph Johnson 5888 Jonesboro Rd. Morrow 30260 73 G. Richard Chamberlin P.O. Box 378 Stockbridge 30281 74 Denny M. Dobbs 125 Hardwick Dr.-Almon Covington 30209 75 Neal Jackson 316 N. Broad St. Monroe 30655 76 Ben Barron Ross P.O. Box 245 Lincolnton 30817 77 Wm. S. (Bill) Jackson 3907 Washington Rd. Martinez 30907 78 William Bailey Jones P.O. Box 3933 Jackson 30233 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 80 Benson Ham 20 E. Main St. Forsyth 31029 81 Bob Lane 105 Wilton Dr. Statesboro 30458 82 John F. Godbee 401 Lane St. Brooklet 30415 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 Mike Padgett Route 1, Box 5 Augusta 30906 87 Jack Connell P.O. Box 308 Augusta 30903 88 Sam Nicholson 1762 Davidson Dr. Augusta 30904 89 Donald E. (Don) Cheeks 714 Westminster Court Augusta 30909 90 David Swann 804 Camellia Rd. Augusta 30909 91 W. Randolph (Randy) Phillips Route 1 Shiloh 31826 92 Calvin Smyre P.O. Box 181 Columbus 31902 93 Charles P. Rose 3821 Commander Dr. Columbus 31903 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 P.O. Box 490 Fort Valley 31030 99 Burl Davis 740 Mulberry St. Macon 31201 100 Frank C. Pinkston 773 Mulberry St. Macon 31201 101 William C. (Billy) Randall P.O. Box 121 Macon 31202 102 David E. Lucas 448 Woolfolk St. Macon 31201 103 Kenneth Wilson Birdsong Route 1 Gordon 31031 104 Frank Horne 612 Georgia Power Bldg. Macon 31201 105 Jimmy Lord P.O. Box 254 Sandersville 31082 106 Randolph C. (Randy) Karrh P.O. Drawer K Swainsboro 30401 107 John David Miles P.O. Box 345 Metter 30439 108 Wilbur E. Baugh P.O. Box 926 Milledgeville 31061 109 Bobby E. 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 543 North Main St. Madison 30650 113 Ted W. Waddle 113 Tanglewood Dr. Warner Robins 31093 114 Roy H. (Sonny) Watson, Jr. P.O. Box 1905 Warner Robins 31099 115 Larry Walker P.O. Box 1234 Perry 31069 116 George Hooks P.O. Box 928 Americus 31709 117 Ben Jessup P.O. Box 468 Cochran 31014 118 Terry L. Coleman P.O. Box 157 Eastman 31023 119 J. Roy Rowland 103 Woodridge Rd. Dublin 31021 120 L. L. (Pete) Phillips Box 166 Soperton 30457 121 Clinton Oliver P.O. Box 237 Glennville 30427 122 Ronald E. (Ron) Ginsberg P.O. Box 10105 14 E. State St. Savannah 31412 123 Albert (Al) Scott 738 E. Victory Dr. P.O. Box 1704 Savannah 31402 124 Lamar W. Davis, Jr. P.O. Box 1567 Savannah 31402 125 Bobby Phillips 9219 Melody Dr. Savannah 31406 126 Herbert Jones, Jr. 413 Arlington Rd. Savannah 31406 127 Bobby L. Hill 923 West 37th St. Savannah 31401 128 Tom Triplett P.O. Box 9586 Savannah 31402 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 130 Bob Hanner Route 1 Parrott 31777 131 Tommy Chambliss P.O. Box 2008 Albany 31702 132 John White P.O. Box 3506 Albany 31706 133 R. S. (Dick) Hutchinson 915 Sixth Ave. Albany 31701 134 T. Hayward (Mac) McCollum 5608 Spring Flats Rd. Albany 31705 135 Howard H. Rainey 913 Third Ave. E. Cordele 31015 136 Earleen Sizemore Route 3 Sylvester 31791 137 Paul S. Branch, Jr. Route 4, Box 499-A Fitzgerald 31750 138-Post 1 Lundsford Moody P.O. Box 32 Baxley 31513 138-Post 2 Roger C. Byrd 302 N. Rogers St. Hazlehurst 31539 139 Ren D. Kemp P.O. Box 497 Hinesville 31313 140 Ralph J. Balkcom Route 1 Blakely 31723 141 Walter E. Cox 202 West St. Bainbridge 31717 142 Bobby Long 6th St., N.W. Cairo 31728 143 R. Allen Sherrod Route 1 Coolidge 31738 144 Marcus E. Collins, Sr. Route 1 Pelham 31779 145 Hugh D. Matthews Route 1, Box 913 Moultrie 31768 146-Post 1 Edmond Lewis Perry Route 2 Adel Rd. Nashville 31639 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 Dr. Valdosta 31601 149 Robert L. (Bob) Patten Route 1, Box 180 Lakeland 31635 150 Tom Crosby, Jr. 705 Wacona Dr. Waycross 31501 151 Harry Dixon 1303 Coral Rd. 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. (Jim) Tuten, Jr. 528 Newcastle St. Brunswick 31520 154 Dean A. Auten 628 King Cotton Row Brunswick 31520

Page 2827

STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1981 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 13 1978 25 1 24 1979 5 5 1980 22 4 18 1981 10 2 8 TOTALS 907 42 49 816

Page 2828

REFERENDUM ELECTIONS1953-1976 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session: County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For 53 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9- 8-54 For1833 Agn 648 Cherokee 2668 Certain County Officerscompensation 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12- 9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2- 6-54 For1406 Agn 603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For 23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn 164 McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For 259 Agn 189 Sumter 2972 City of Americus 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 64; Agn 53 Twiggs 2570 County Commissioners 11- 2-54 For 161 Agn 626

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Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For 1079 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5-4-55 For 1124 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. For 5013 (2) Co. Exec. For 2728 Co. Manager For 2733 Elbert 2117 City Court of Elberton 3-7-56 For 4471 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 For 2163 Agn 775 Hall 2627 Certain County Officerscompensation 11-28-55 For 2144 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

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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4- 3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For 107 (1 of 2) Agn 58 Baldwin 2865 City of Milledgeville 10-15-56 For 463 (1 of 2) Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 Carroll 2797 City Court of Carrollton 11- 6-56 For1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton Fulton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10- 1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] City vote: East Moultire Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For99; Agn57 [UNK] Area 2-Colonial Heights Area: For145; Agn83 [UNK] Area 3-Crestwood Gardens Area: For27; Agn87 [UNK] Area vote: Area 4-East Moultrie Area: For41; Agn147 [UNK] Area 5-Tifton Highway Area: For29; Agn107 [UNK] Area 6-Sylvester Drive Area: For78; Agn144 [UNK] DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb 3237 Multiple commission form of government 5-16-56 For 18,393 (1 of 2) Agn 2,001 DeKalb 3237 Commission Chairman 5-16-56 For:(a) 4,743 (1 of 2) 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 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3

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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Houston 2510 City of Warner Robins 5- 8-56 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

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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 [Illegible Text] 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 For 325 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

Page 2837

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7- 2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Clayton Fulton 2721 City of College Park 6-3-58 For 738 Agn 340 Clayton Fulton 2453 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2854 City of College Park 5-14-58 For 0 Agn 0 Clayton Fulton 3212 City of East Point 7-16-58 For 63 Agn 28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2- City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 City of Gainesville 4- 1-58 For 925 Agn 169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 Outside City: For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For 15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57 Pulaski 2826 Tax Commissioner 11- 4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote: For669; Agn43 Outside City: For333; Agn286 Tift 2930 City of Tifton 5- 7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11- 4-58 For 749 Agn 98 White 3224 County Commissioners Not held

Page 2841

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County Officerscompensation 4- 4-59 For1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb Douglas 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For 14 Agn 15 Colquitt 2396 City of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6- 8-59 For1413 Agn 710 Douglas 2871 City of Lithia Springs 4- 8-59 For 241 Agn 569 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4- 8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For 502 Agn 75 Meriwether Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4- 8-59 For1510 Agn 827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For 810 Agn1629

Page 2844

Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466 Agn 418 Bibb 3223 Macon-Bibb County 6- 1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For276 Agn 522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For 320 Agn 146 Douglas Cobb 2118 City of Austell 3-26-60 For 27 Agn 38 Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn2080 Evans 2251 City of Claxton 5- 5-60 Proposed Area: For 32; Agn 62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3- 9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For 6 Agn 0 Fulton Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County Officerscompensation 4-28-60 For 822 Agn 835 Henry 3297 City of McDonough 5-18-60 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11- 8-60 For4059 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; Agn 1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 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

Page 2848

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12,269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Board of County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 County Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245 Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5- 9-61 For 331 Agn 954 Troup 2650 City of West Point 4-26-61 For 143 Agn 224

Page 2851

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 Agn 129 Putnam 3048 Tax Commissioner 11- 6-62 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed area: For 13; Agn44 In City Tennille: For139; Agn58 Wayne 3110 Board of County Commissioners 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21

Page 2854

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For 511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissioner 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1- 8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508 For(2) 55 For(3) 842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243; Agn44 Outside City: For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10- 1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For1127 Agn 776 Irwin 2602 Tax Commissioner 5-28-63 For 91 Agn 279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6- 5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For 333 Agn 669 Pulaski 3436 Tax Commissioner 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130

Page 2857

Georgia Laws 1964, January-February session: County Page No. SUBJECT Election Date of Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn 848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4- 8-64 For 174 Agn 394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn 613 Cook 2093 County Commissioners 3- 4-64 For2003 Agn1612 Dodge 2954 City of Empire 6- 2-64 For 55 Agn 71 Fulton 2478 City of Union City 5- 8-64 For 214 Agn 279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For 90 Agn 4 Hancock 2088 Certain County Officerscompensation 4-22-64 For 251 Agn 64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Finance 9- 9-64 Question A: 1,246 Question B: 873

Page 2858

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result 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

Page 2860

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 Agn410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12- 2-64 For 216 Agn 32

Page 2861

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 Agn688 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; Agn7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31

Page 2862

Georgia Laws, 1965: County Page No. SUBJECT Election Date of Result Habersham 2727 City of Cornelia 5-12-65 For 92 Agn 123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For 51 For 0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For 422 McDuffie 2480 Coronercompensation 5-12-65 For 105 Agn 58 Putnam 2862 County Commissionerscompensation 6-16-65 For 183 Agn 199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For 226 Agn 49 Fire Dist. No. 2 For 116 Agn 46 Fire Dist. No. 3 For 364 Agn 535 Tift 2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For 953 Agn 353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For 952 Agn 381 Tift 2705 * Tax Commissionercompensation 6-16-65 For 943 Agn 361

Page 2863

Georgia Laws, 1966: County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For 728 Agn 479 Atkinson 2107 County Court of Atkinson County 11-8-66 For 1004 Agn 704 Bartow 2144 City of Adairsville 4-2-66 For 167 Agn 48 Bartow 2454 City of Adairsville 4-2-66 For 210 Agn 105 Bryan 2466 City Court of Pembroke 9-14-66 For 368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For 265 Agn 183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn- 151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For 184 Agn 387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For 162 Agn 58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For 40 Agn 19 Meriwether 3318 City of Woodbury 5-11-66 For 27 Agn 6 Meriwether 3403 City of Greenville 5-4-66 For 24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For 180 Agn 153 Pike 3170 City of Zebulon 4-30-66 For 89 Agn 14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn 603

Page 2865

Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For 333 Agn 219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For 185 Agn 93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For 179 Agn 507 Bulloch 3483 City of Statesboro 7-28-67 For 490 Agn 111 Bulloch 2997 Town of Brooklet 9- 1-67 For 33 Agn 3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6- 7-67 For 663 Agn 570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For 584 Agn 135 Crisp 2691 County Board of Education 9-14-67 For 266 Agn 32 Dooly 2467 City of Vienna 6-20-67 For 12 Agn 9 Dooly 2922 County Board of Education 6-20-67 For 807 Agn 173 Echols 3491 City of Statenville 5-15-67 For 62 Agn 106 Floyd 2163 City of Rome 4-26-67 For 333 Agn 794 Gordon 2898 Fire Protection Services 6-21-67 For 286 Agn 111 Henry 2595 City of Stockbridge 5-13-67 Inside City For 101 Agn 87 Outside City For 43 Agn 475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn 680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn 757 Lowndes 2118 Town of Dasher 4-11-67 For 59 Agn 5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn 539 Meriwether 2011 City of Greenville 4-3-67 For 41 Agn 0 Murray 2458 City of Chatsworth 5-31-67 For 154 Agn 19 Newton 2405 County Board of Education 5-3-67 For1258 Agn 598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn 540 Pike 2448 Tax Commissioner 9-6-67 For 454 Agn 52 Pike 3152 County Board of Education 9-6-67 For 441 Agn 65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For 249 Agn 482 City of Hawkinsville For 466 Agn 236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For 782 Stephens 3005 County Board of Education 5-2-67 For 709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn 88 Thomas 2115 City of Thomasville 3-28-67 For 841 Agn 398 Turner 2694 City of Sycamore 5-26-67 For 162 Agn 51 Union 3064 Sheriffcompensation 6-28-67 For 235 Agn 790 Whitfield 2277 City of Dalton 4-19-67 For 516 Agn 607

Page 2868

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For 591 Agn 216 Bacon 3542 Tax Commissioner 6-11-68 For 400 Agn 321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11- 5-68 For14,736 Agn 7,193 Bleckley 2278 City of Cochran 6-19-68 For 351 Agn 781 Candler 2446 County Board of Education 5- 7-68 For 296 Agn 467 Carroll 2256 County School Superintendent 4-24-68 For 250 Agn 1,341 Carroll 2841 County Board of Education 4-24-68 For 547 Agn 1,087 Charlton 2342 City of Folkston 9-11-68 For 118 Agn 145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11- 5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School System 11- 5-68 For 2,042 Agn 1,755 Coffee 2177 County Board of Education 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissioners 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultrie 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Education 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Education 5- 1-68 For 971 Agn 1,104 Decatur 2756 City of Bainbridge 6- 5-68 For 292 Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Education 5-21-68 For 498 Agn 686 Echols 3514 County Board of Education 11- 5-68 For 457 Agn 38 Emanuel 2487 County Board of Education 4-24-68 For 405 Agn 633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Education 5-14-68 For 2,249 Agn 717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For 756 Agn 1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Education 11- 5-68 For 3,029 Agn 1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Education 6-10-68 For 448 Agn 298 Macon 2663 Tax Commissioner 5- 1-68 For 189 Agn 261 Miller 2529 County Board of Education 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Education 7- 3-68 For 233 Agn 19 Pierce 2761 County Board of Education 11- 5-68 For 812 Agn 1,377 Rabun 2272 Board of County Commissioners 4- 9-68 For 1,205 Agn 1,144 Sumter 2065 County Board of Education 5-21-68 For 626 Agn 483 Tift 2023 City of Tifton 4-3-68 For 408 Agn 310 Toombs 3424 County Board of Education 5-29-68 For 65 Agn 772 Walker 2152 City of Lookout Mountain 5- 9-68 For 299 Agn 252 Walker 2235 County Board of Education 5- 9-68 For 1,155 Agn 887 Walton 2974 County Board of Education 6-18-68 For 1,709 Agn 265 Wayne 3361 County Board of Education 9-11-68 For 1,140 Agn 614 Whitfield 3065 City of Varnell 5-23-68 For 41 Agn 5 Wilkes 3462 Town of Rayle 5-17-68 For 43 Agn 4

Page 2872

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For 180 Agn 277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For 514 Agn 295 Butts 2456 County Board of Education 5-22-69 For 422 Agn 566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5-6-69 For 326 Agn 86 Charlton 2665 County Board of Education 7-15-69 For 143 Agn 287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn 718 Sec. 2 For 624 Agn 1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For 773 Agn 179 Colquitt 2559 County Board of Education 6- 4-69 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 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For 3 Agn 2 Sec. 2Bohannon Rd. For 8 Agn 1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For 289 Agn 127 Outside city limits: For 22 Agn 198 Gilmer 2606 City of Ellijay 6-25-69 For 139 Agn 288 Hall 2346 City of Murrayville 6-11-69 For 81 Agn 104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For2134 Agn 694 County vote: For 38 Agn 205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For 88 Agn 171 Laurens 2270 City of Dublin 5-28-69 For 121 Agn 106 Lincoln 3352 County Treasurer 11- 3-70 For 601 Agn 742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For12,379 Agn 2,778 Muscogee County: For12,508 Agn 2,989 Pickens 3066 County School Superintendent 7- 2-69 For 52 Agn 885 Putnam 2670 Sheriffcompensation 6-12-69 For 282 Agn 409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For 372 Agn 328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For 283 Agn 408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For 218 Agn 470 Putnam 3900 Coronercompensation 6-12-69 For 290 Agn 403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For 271 Agn 82 Pulaski County: For 35 Agn 162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For 795 Agn 447 Seminole 2590 Small Claims Court of Seminole County 6- 4-69 For 221 Agn 175 Stewart 2264 County Board of Education 5-14-69 For 91 Agn 12 Telfair 3641 County Board of Education 8-26-69 For 277 Agn 437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For 645 Agn 578 Proposed Area: For 433 Agn 499 Toombs 3241 City of Lyons 6-25-69 For 3 Agn 0 Toombs 3244 City of Lyons 6-25-69 For 2 Agn 34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For 84 Agn 11 Walker 4014 City of Rossville 7-5-69 For118 Agn293

Page 2876

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 For 815 Agn 503 Murray 2365 City of Chatsworth 5- 9-70 For 133 Agn 260 Peach 2647 County Board of Education 6-10-70 For 544 Agn 198 Pulaski 2880 Fire Protection Districts 5-19-70 For 142 Agn 140 Spalding 2651 City of Griffin 11- 3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5- 5-70 For 822 Agn1743 Stephens 2436 County Board of Education 5- 5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For 269 Agn 123 Thomas 3369 Board of County Commissioners 5-26-70 For 920 Agn 2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For 11 Agn 0 Harris County 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 Agn 537

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Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For 395 Agn 219 Bibb 3926 County Board of Education 11- 2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For 115 Agn 289 Brooks 2892 County Board of Education 6- 9-71 For 215 Agn 526 Brooks 3278 City of Quitman 6-15-71 For 82 Agn 259 Burke 3328 City of Waynesboro 6-15-71 For 74 Agn 16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For 335 Agn1,427 Decatur 2649 County Board of Education 4-29-71 For 766 Agn 496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For 713 Agn 547 Gilmer 3471 County Board of Education 6-16-71 For 107 Agn 90 Glynn 3550 City of Brunswick 6-15-71 For 102 Agn 266 Grady 2967 County School Superintendent 7-20-71 For 625 Agn 1,049

Page 2880

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Gwinnett 3613 City of Duluth 6-7-71 For1 Agn35 Gwinnett 4042 City of Duluth 6-7-71 For1 Agn46 Gwinnett 4047 City of Duluth 6-7-71 For6 Agn73 Not Held Harris 2804 City of Shiloh Heard 2029 County Commissioner 5-19-71 For675 Agn713 Houston 3580 City of Warner Robins 2-29-72 For694 Agn734 Jones 3396 County Board of Education 5-26-71 For656 Agn543 Lamar 2710 County Board of Education, etc. 5-14-71 For999 Agn540 Lee 3976 City of Leesburg 7-6-71 Present City limits For14 Agn72 Proposed City limits For1 Agn14 Mitchell 2017 City of Pelham 4-21-71 For408 Agn26 Monroe 3071 County Commissioners 11-7-72 For540 Agn1,319 Monroe 3381 County Commissioners 11-7-72 For572 Agn1,324 Not Held Murray 2120 County Board of Education Newton 2881 County Board of Education 6-16-71 For285 Agn137 Pierce 2492 Ordinary 11-7-72 For768 Agn540 Pierce 2496 Sheriff 11-7-72 For813 Agn477 Pierce 2888 County CommissionerChrm. 11-7-72 For683 Agn642 Pike 3686 City of Zebulon 6-19-71 For52 Agn23 Polk 3708 City of Rockmart 10-2-71 For586 Agn254 Polk 3770 City of Aragon 6-2-71 For133 Agn85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For5,834 Agn10,779 City of Augusta For6,415 Agn6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For1,403 Agn1,855 Telfair 3448 Board of County Commissioners 7-20-71 For441 Agn700 Tift 2722 County Board of Education 6-9-71 For1,430 Agn404 Tift 2795 County CommissionersChrm. 6-9-71 For1,663 Agn273 Turner 2021 Personnel for Sheriff 4-27-71 For427 Agn915 Wayne 2678 Sheriff and Clerk Superior Court 11-7-72 Sec. 1: For1,324 Agn931 Sec. 2: For1,456 Agn898 Wayne 2715 County Board of Education 8-8-72 For403 Agn1,730 Bibb 2136 Board of Public Education 11-2-71 For10,399 Agn4,022 DeKalb 2154 City of Doraville 12-1-71 For441 Agn127 Haralson 2200 County Board of Education 1-12-72 For284 Agn1,043

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Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8-8-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 ----- ----- 9,581 12,104 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 * * 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 City of Macon * 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

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Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Brantley 3145 Salary of deputy sheriffs 8-8-72 * * Ga. L. 1973, p. 2268 changed date of election. 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 For 20,074 Agn 7,595 Chatham 3116 Savannah-Chatham County Board of Education 5-9-72 For 8,296 Agn 19,097 Chattooga 2043 Abolish State Court Chattooga County 8-8-72 * Demo. For 2,455 Agn 2,274 Rep. For 2 Agn 2 Decatur 3288 Board of County Commissioners 5-23-72 For 668 Agn 2,687 Dodge 2329 City of Eastman 4-27-72 For 474 Agn 1,117 Dodge 3339 County Board of Education 8-8-72 * For 914 Agn 858 Douglas 3997 County Board of Education 5-16-72 For 400 Agn 620 Elbert 2479 Board of County Commissioners 8-8-72 * For 1,583 Agn 3,036 Fayette 3438 Board of County Commissioners 11-7-72 * For 668 Agn 3,138 Fayette 3435 Abolish office of county treasurer 11-7-72 * For 1,499 Agn 2,210 Floyd 3300 Abolish State Court Floyd County 11-7-72 * For 6,911 Agn 4,674 Forsyth 2065 Board of county commissioners 4-19-72 For 551 Agn 386 Gwinnett 4058 County Board of Education 5-17-72 For 989 Agn 924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County commissioners 8-8-72 * For 1,410 Agn 616 Heard 2113 Board of county commissioners 5-3-72 For 756 Agn 732 Henry 2090 State Court of Henry County 4-19-72 For 570 Agn 1,943 Henry 2104 Board of County Commissioners 4-19-72 For 407 Agn 2,070 Houston 2399 County Board of Education 8-8-72 * For 2,853 Agn 6,462 Jeff Davis 2760 County Board of Education 8-8-72 * For 829 Agn 511 Laurens 4099 County Board of Education 8-8-72 * For 3,185 Agn 1,103 Lowndes 2696 Ordinarycompensation 11-7-72 * For 3,533 Agn 1,995 Lowndes 2701 Tax Commissionercompensation 11-7-72 * For 3,622 Agn 1,885 Lowndes 2706 Clerk Superior Courtcompensation 11-7-72 * For 3,463 Agn 2,254 McDuffie 2538 County Board of Education 6-8-72 For 305 Agn 61 McIntosh 2849 City of Darien 6-16-72 City of Darien For 86 Agn 62 Dist. No. 271 For 7 Agn 73 Total: For 93 Agn 135 McIntosh 2852 City of Darien 11-7-72 * Not Held Macon 2322 Board of county commissioners 4-26-72 For 608 Agn 882 Madison 2547 County Board of Education 11-7-72 * For 1,060 Agn 1,785 Madison 2972 Appt. of county school superintendent 11-7-72 * For 921 Agn 2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For 688 Agn 2,648 Peach 3910 City of Fort Valley 6-14-72 For 440 Agn 1,351 Pike 3003 County Board of Education 5-16-72 For 402 Agn 142 Pulaski 3244 Board of County Commissioners 5-23-72 For 399 Agn 939 Putnam 2678 County Board of Education 8-8-72 * For 1,262 Agn 831 Putnam 3833 City of Eatonton 6-13-72 For 118 Agn 28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For 452 Agn 121 Telfair 4102 County Board of Education 6-20-72 For 564 Agn 365 Thomas 3343 Create Board of County Commissioners 5-16-72 For 1,885 Agn 3,278 Tift 2908 City of Tifton 5-3-72 For 247 Agn 498 Treutlen 2340 County Board of Education 5-9-72 For 688 Agn 233 Treutlen 2345 Board of County Commissioners 5-9-72 For 715 Agn 221 Walker 2647 County Board of Education 11-7-72 * For 6,373 Agn 2,129 Walton 3006 City of Social Circle 5-31-72 For 51 Agn 49 Whitfield 4017 City of Tunnell Hill 5-16-72 For 114 Agn 159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For 177 Agn 1,042 Wilkinson 3312 Appt. of County School Superintendent 11-7-72 * For 348 Agn 901 Wilkinson 333 County Board of Education 11-7-72 * For 654 Agn 608 Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

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Georgia Laws 1973, January/February session: County Page No. SUBJECT Election Date of Result Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13, 1974. Yes: 791 No: 1033 + + The results of this election were certified to the Office of Secretary of State, in error, and have appeared in Georgia Laws 1974-1977 as follows: Yes533; No45. An amended return was certified to the Office of Secretary of State on May 3, 1978 as it now appears. Appling 3677 City of Baxley 9-29-73 Yes 45 No 588 Brantley 3631 City of Nahunta Election Results Not known Chatham 2268 Savannah-Chatham County government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019 Chatham County For 3,157 Agn 6,666 City of Savannah For12,039 Agn 4,090 Chatham 3693 City Savannah Beach 6-2-73 Yes 21 No 29 Clarke 2356 City of Athens 5-31-73 For1,818 Agn1,591 Clarke 2367 City of Athens 5-31-73 For2,430 Agn1,057 Clarke 2387 City of Athens 5-31-73 For 648 Agn 682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809 No1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes 412 No 52 Cook 2300 Cook County Commissioners 5-22-73 For 758 Agn 735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11-6-73 For1,326 Agn1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes 37 No 191 Marion 3827 County School Superintendent 11-5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p. 3171 11-5-74 ** See Below # Montgomery 2550 Montgomery County Board of Education 6-5-73 Yes 225 No 256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes 808 No 191 Stewart 3152 City of Lumpkin 6-12-73 Yes 97 No 173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes 322 No 228

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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.

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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 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.

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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

Page 2897

Georgia Laws, 1975, January/February Session: County Page No. SUBJECT Date of Election Result Spalding 4352 Board of County Commissioners 11- 4-75 For: 1,205 Agn: 4,100 Stephens 4142 City of Toccoa Commissioners 6-12-75 For: 209 Agn: 191 Taylor 3486 County Board of Education 6-17-75 For: 298 Agn: 127 Union 4490 County Board of Commissioners 8-12-75 For: 189 Agn: 1,037 Upson 3356 County School Superintendent appointed 6-24-75 For: 531 Agn: 700 Whitfield 4296 City of Tunnell Hill 6-25-75 For: 126 Agn: 288 Worth 4202 County School Superintendent 7-15-75 For: 235 Agn: 460 Chatham 3128 Alcoholic beverages on premisestime limit 9-17-75 * * Municipality Yes No ----- ----- ----- Savannah 9,658 6,595 Unincorporated area 4,979 3,857 Bloomingdale 122 146 Garden City 362 466 Pooler 166 190 Port Wentworth 227 297 Savannah Beach 469 168 Thunderbolt 230 138 Vernonburg 24 20 (This election act was on a population basis and affects only Chatham County) 1975 Extra Session Acts County Page No. SUBJECT Date of Election Result Coweta 1730 City of Newnancharter amendment 9- 9-75 For: 248 Agn: 57 (This election based on population of municipality and affects only City of Newnan, Coweta County)

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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 [Illegible Text] election districts 5-25-76 Yes: 3,227 No: 1,167 Oconee 3935 Co. School [Illegible Text]appointed 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

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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. Yes: 151 No: 95 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 * Yes: 307 No: 587 Rockdale 2817 Board of County Commissionerscreation of 5-17-77 Yes: 1618 No: 744 Schley 2952 County Commissionersterms staggered 11-7-78 * Yes: 160 No: 66 Schley 2955 County Board of Educationterms staggered 11-7-78 * Yes: 167 No: 58 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.

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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 Chatham County (Unincorporated area) Yes: 2,022 No: 1,863 Garden City Yes: 154 No: 318 Port Wentworth Yes: 89 No: 171 Bloomingdale Yes: 23 No: 50 Pooler Yes: 85 No: 152 Thunderbolt Yes: 142 No: 77 Tybee Island Yes: 307 No: 171 Vernonburg Yes: 25 No: 14 Savannah Yes: 6,870 No: 4,768 Chatham 4132 City of Garden City 5-22-78 Yes: 663 No: 166 Chatham 4073 City of Bloomingdale Not Held Chatham 3998 City of Savannah 4-19-78 Yes: 14,407 No: 8,091 Chatham 4466 Municipal Court of Savannah 8-8-78 ** Yes: 6,783 No: 9,753 Chattooga 3848 Board of Education 11-7-78 * Yes: 778 No: 1,446 Cherokee 3029 County Commissioners 4-4-78 Yes: 2,449 No: 2,308 Clarke 4573 Use of School Tax in Clarke County 11-7-78 * Yes: 3,710 No: 3,268 Columbia 3359 Board of Education 11-7-78 * Yes: 887 No: 1,569 DeKalb 3639 City of Clarkston 10-18-78 Yes: 95 No: 96 DeKalb 4104 Board of Education 11-7-78 * Yes: 18,829 No: 34,766 Hart 3177 County Commissioners 11-7-78 * Yes: 643 No: 1,018 Macon 4217 Tax Commissioner 11-7-78 * Yes: 737 No: 232 McDuffie 3666 Board of Education 5-16-78 Yes: 202 No: 131 Rabun 3427 School Board and Superintendent 11-7-78 * Yes: 861 No: 300 Rabun 3430 Board of Education 11-7-78 * Yes: 453 No: 692 Rockdale 3868 City of Conyers 7-8-78 Yes: 179 No 167 Telfair 3445 School Board and Superintendent 11-7-78 * #1 386 #2 231 # 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.

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Referendum Election Results: Acts of the 1979 Session of the General Assembly County Page No. SUBJECT Date of Election Result Carroll 4245 City of Sand HillCity Charter 6-12-79 Yes: 102 No: 193 Glynn 3467 Education Districts 12-11-79 Yes: 2490 No: 977 Montgomery 3151 Board of Education 6-5-79 Question #1 Proposal #1 320 Proposal #2 205 Proposal #3 92 Question #2 Proposal #1 881 Proposal #2 860 Proposal #3 1015 Stephens 3047 Terms of Boards of Commissioners 4-24-79 Yes: 921 No: 329 Telfair 3539 School Districts 7-31-79 Yes: 858 No: 615 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.

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Referendum Election Results: Acts of the 1980 Session of the General Assembly County Page No. SUBJECT Date of Election Result Baldwin 3043 Board of Commissioners 5-13-80 Yes: 714 No: 1,194 Ben Hill 3954 Tax Commissioner 5-28-80 Yes: 614 No: 398 Chatham (City of Thunderbolt) 3653 Corporate Limits of City of Thumderbolt 5-27-80 Thunderbilt Proposition #1 Yes: 152 No: 140 Proposition #2 Yes: 109 No: 177 Macceo Island Proposition #1 Yes: 58 No: 5 Proposition #2 Bonna Bella Proposition #1 Proposition #2 Yes: 62 No: 21 Cherokee 3275 Board of Education 8-12-80 Yes: 814 No: 435 Coffee 1795 Election of School Supt. Not Held Columbia 3707 Board of Commissioners 5-7-80 Yes: 1,920 No: 1,103 Decatur 3272 Board of Ed. residency requirements 11-4-80 Yes: 2,267 No: 899 DeKalb 3996 Type of Government for DeKalb Co. 8-5-80 Type 1: 38,094 Type 2: 23,553 Douglas 4120 Board of Education 11-4-80 Yes: 3,424 No: 7,389 Effingham 3542 Board of Education 8-12-80 Yes: 430 No: 92 Gordon 3720 Board of Education Not Held Henry 3009 County Commissioners 3-11-80 Yes: 2,252 No: 1,500 Irwin 3030 Ofice of Tax Commissioner 4-8-80 Yes: 834 No: 119 Laurens 3016 Board of County Commissioners 3-11-80 Yes: 1,797 No: 1,413 Laurens 3189 Terms of Mayor Council 3-11-80 Yes: 324 No: 653 (City of Dublin) McIntosh 3112 Board of Education 4-29-80 Yes: 642 No: 143 Mitchell 3914 Elections etc. 6-3-80 Yes: 254 No: 392 (City of Pelham) Oconee 3757 Bd. of County Commissioners 5-21-80 Yes: 585 No: 1,155 Richmond 3841 Board of Education Not Held Upson 3027 County School Superintendent 3-11-80 Yes: 604 No: 1,468 Upson 4127 Tax for Fire Protection Not Held Whitfield 4122 Corporate Limits 5-17-80 Yes: 10 No: 0 (City of Cohutta)

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Referendum Election Results: Acts of the 1981 Session of the General Assembly County Page No. SUBJECT Date of Election Results Baldwin 4072 Disposal sites of hazardous wastes * * To be held same date as the 1982 General Primary Election Chatham Change the corporate limits of said city 6-25-81 Corporate limits (City of Tybee Island) 4914 Yes: 222 No: 60 Unincorporated area Yes: 18 No: 102 Clarke 3065 Consolidate Govt. for City of Athens and Clarke Co. 2-16-82 Yes: 2388 No: 2883 County Yes: 2611 No: 2120 City Coffee 3626 Election of School Superintendent 6-2-81 Yes: 1329 No: 1424 DeKalb 4304 Establishing form of Government * Dooly 4463 Establish five Board of Education Districts 5-19-81 Yes: 1393 No: 185 Gordon 3269 Abolish Bd. of Comm. and recreate office of County Commissioner 8-4-81 Yes: 1319 No: 1664 Gordon 3586 Provide election term of School Supt. 8-4-81 Yes: 1527 No: 778 Miller 4713 Change method of elect. mbrs. of Bd. of Ed. 8-4-81 Yes: 710 No: 182 Richmond 3677 Biennial ele. for members of Bd. of Ed. 11-3-81 Yes: 7352 No: 1526

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For any information regarding these ACTS and RESOLUTIONS please contact: DAVID B. POYTHRESS Secretary of State